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Tuesday, February 19, 2008

FORTY-SECOND DAY

[Mr. Speaker, Mr. Thompson, in the Chair]


The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 18, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4490, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state,
And,
H. B. 4080, Relating to funds held for charitable purposes by nonprofit, charitable institutions,
And reports the same back with the recommendation that they each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4018, Relating to funds held for charitable purposes by nonprofit, charitable institutions,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4018 - "A Bill to amend and reenact §12-1A-1, §12-1A-3, §12-1A-4, §12-1A-5, §12-1A-6 and §12-1A-9 of the Code of West Virginia, 1931, as amended, all relating to the renewal of the West Virginia Small Business Linked Deposit Program,"
And,
H. B. 4287, Clarifying that certain funds are authorized investments for funds of political subdivisions,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4287 - "A Bill to amend and reenact §12-6-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-6C-6 of said code, all relating to clarifying that the funds, pools and securities maintained or invested in by the West Virginia Investment Management Board and the West Virginia Board of Treasury Investments are authorized investments for all local government funds,"
With the recommendation that the committee substitutes each do pass.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 44, Urging legislative support of communities who are committed to delivering the five fundamental resources of America's Promise to West Virginia's youth,
H. C. R. 51, The "William Arnett Wills Memorial Bridge",
H. C. R. 52, Requesting that the Joint Committee on Government and Finance authorize the study of the creation of a new retirement system for correctional officers,
And,
H. C. R. 54, The "PFC Michael J. Slater Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 39, The "Sgt. Jackie L. Waymire Memorial Bridge",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. C. R. 39 - "Requesting the Division of Highways name bridge number 06- 02-0.10, in Cabell County, the 'Green Beret Sgt. Jackie L. Waymire Memorial Bridge, Recipient of the Distinguished Service Cross and Bronze Star. Killed in action in Vietnam January 9, 1967 ',"
With the recommendation that it be adopted.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4047, Prohibiting the use of cell phone and text-messaging devices while operating a motor vehicle except when using a hands-free device or in the case of an emergency,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4047 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to establishing the offense of unlawful use of a wireless communication device while operating a motor vehicle on a street or highway; providing exceptions and conditions for certain lawful uses; definitions; penalties; and limitation of enforcement,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2930, Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 263, Updating certain code provisions relating to Division of Corrections,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4520, Health Insurance for Employees,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4520) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4474, Relating to registered nurses required in operating rooms,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4474) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4445, Relating to definitions under the Medical Professional Liability Act,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4445) was referred to the Committee on the Government Organization.
Messages from the Senate

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. 9 - "A Bill to amend and reenact §18-2-8a of the Code of West Virginia, 1931, as amended, relating to mandating an orientation program in firearms and firearm safety in public schools; and specifying course requirements"; which was referred to the Committee on Education then Finance.
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. 193
- "A Bill to amend and reenact §46A-4-110 of the Code of West Virginia, 1931, as amended, relating to the sale of home and automobile membership plans by consumer lenders; defining automobile and home membership plans; specifying conditions for sale of plans by licensees; and requiring enrollment authorizations to be filed with the commissioner"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 290
- "A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended, relating to unauthorized practice of medicine and surgery or podiatry or as a physician assistant; criminal penalties; reducing the amount of fine for a person practicing on an expired, lapsed or terminated license for less than three months; specifying as a felony the unauthorized practice of medicine and surgery or podiatry or as a physician assistant in all other instances; and providing for enhanced criminal penalties where serious bodily injury results from such unauthorized practice"; which was referred to the Committee on the Judiciary.
Resolutions Introduced

Delegates Sobonya, Reynolds, Morgan, C. Miller, Stephens and Craig offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 55 - "Requesting the Division of Highways to name the cable barriers located between mile marker six and mile marker fifteen, on I-64, the 'Brian Keith Paul Cable Barriers'."
Whereas, Brian Keith Paul, born May 18, 1963 to Homer and Ina Paul of Barboursville, West Virginia, brother to Theresa Paul Vithalani, father to Megan, Lenza and Bryce Paul, and husband to Cathy Paul, passed away November 25, 2006, after a courageous battle with colon cancer; and
Whereas, Brian Keith Paul was a model citizen and a good father, active in the lives of his children, often volunteering to coach their various sports teams and determined to teach young people the value of dedication on and off the field. Indeed, Brian's motto was Never Say Can't; a motto, by which he lived, and a virtue that guided him in his pursuit to make I-64 safe for all travelers; and
Whereas, Brian Keith Paul was a third generation mechanic and vice president of Paul's Garage. As part of his occupation, he remediated, often fatal, car wrecks and preserved those persons' belongings for collection by loved ones. His experience cleaning up car accident sites allowed him to witness the devastating effects car crashes have on people in our community; and
Whereas, Brian, in light of his unique perspective regarding vehicular accidents, formed the opinion that too many serious crossover collisions were occurring on said portion of I-64, particularly for lack of a median barrier; and
Whereas, Brian, in his efforts to better his community, doggedly pursued the Division of Highways, lobbying them to construct a barrier in the median between the eastbound and westbound lanes of said stretch of I-64; and
Whereas, His pursuit took hours of research and countless phone calls, often resulting in dead ends; and
Whereas, Brian persevered through this difficulty by staying true to his motto Never Say Can't and was successful in convincing local and state government officials to construct a median barrier which now spans from mile marker six to mile marker twenty-seven on I-64 and where this barrier has saved many lives.
Whereas, The Legislature hereby acknowledges that Brian Keith Paul was instrumental in initiating the construction of said cable barrier project and finds that it is right and just to perpetuate and honor his memory by formally naming that stretch of cable barriers, the Brian Keith Paul Cable Barriers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the cable barriers located between mile marker six and mile marker fifteen, on I-64, the Brian Keith Paul Cable Barriers; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected, in the median between mile marker six and mile marker fifteen on I-64, containing bold and prominent letters proclaiming the barrier cables to be the Brian Keith Paul Cable Barriers; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of the Division of Highways and to the family members of the late Brian Keith Paul.
Delegates Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Shook, Sobonya, Spencer, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tansill, Mr. Speaker, Mr. Thompson, Tucker, Walters, Webster, Wells, White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 56 - "Encouraging assistance from private employers in an effort to increase poll workers participants in West Virginia."
Whereas, West Virginia poll workers are an integral part of the election process in state, county and municipal elections; and
Whereas, West Virginia has an aging population and the average age of poll workers in this state is 72 years old; and
Whereas, It is becoming increasingly difficult for the political parties to find a sufficient number of eligible poll workers to work the polls on Election Day; and
Whereas, In order to accommodate the increasing demands of technology and address the new and complicated federal laws that mandate certain voting procedures in every polling place, it is important to have an adequate number of qualified workers; and
Whereas, There are many citizens in the State who are willing to work the polls during an election, but they are unable to do so due to their employment obligations; and
Whereas, West Virginia businesses have a skilled workforce which would be an invaluable asset to polling places across this State; and
Whereas, West Virginia employers have an opportunity to greatly support their communities by allowing their employees time off with pay on Election Day to participate in civic duty as poll worker; therefore, be it
Resolved by the Legislature of West Virginia:
That West Virginia employers are encouraged to allow their employees time off with pay on Election Day to be a poll worker in West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Chamber of Commerce.
Delegate Ashley offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 57 - "Requesting that Bridge number 44-9-1.00 (6311) located on West Virginia Route 14 in Roane County, near the City of Spencer, West Virginia, be named the 'Denver Ray Gandee Sr. Memorial Bridge'."
Whereas, Denver Ray Gandee, Sr., is a citizen of the State of West Virginia who served his country honorably and bravely during the Second World War; and
Whereas, Mr. Gandee left his home state at the young age of seventeen to begin training for his military career; and
Whereas, Denver Gander took part in the famous battle of Remegan, immortalized in the book by fellow West Virginian, former Secretary of State, Ken Hechler and Mr. Gandee was an honored guest at the premier of the film of the book; and
Whereas, Mr. Gandee took part in five campaigns in the European Theater during World War II, including, Normandy, Northern France, The Ardennes (Battle of the Bulge), Rhineland, and Central Europe; and
Whereas, The United States Military honored Denver Gandee by awarding him the Purple Heart, the Bronze Star, the French Croix de Gaire, and a Presidential Citation; and
Whereas, Denver Gandee risked his life for his country and for his State, serving honorably, returning to his homeland where he has been an outstanding citizen of the State of West Virginia serving in many organizations including the Military Order of the Purple Heart, The Veterans of Foreign Wars, as Post Commander of the American Legion Post #2, and as a leader in West Virginia's Boy's State; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 44-9-1.00 (6311) located on West Virginia Route 14 in Roane County, near the city of Spencer, West Virginia, the Denver Ray Gandee, Sr. Bridge; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entry way of said bridge, containing bold and prominent letters proclaiming the bridge to be the Denver Ray Gandee, Sr. 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, and to the Mayor and City Council of the City of Mullens, and to Denver Ray Gandee, Sr, and his wife Erma, to his son, Denver R. Gandee, and to his grandson, Adam J. Gandee.
Delegates Boggs, Andes, Armstead, Ashley, Azinger, Beach, Blair, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ennis, Fleischauer, Gail, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Manchin, Marshall, Michael, Miley, C. Miller, J. Miller, Morgan, Moye, Overington, Palumbo, Paxton, Perry, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Shook, Sobonya, Staggers, Stalnaker, Stemple, Stephens, Sumner, Tabb, Tansill, Varner, Walters, Wells, White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 58 - "Requesting the Joint Committee on Government and Finance study alternatives for the care for individuals with Alzheimer's, including incentives and innovations to support families and caregivers and to preserve the independence of people with Alzheimer's disease and community-based options for their care."
Whereas, There are 47,000 West Virginians and 5.1 million Americans with Alzheimer's disease; and
Whereas, 13%, or one in eight, persons age 65 and over have Alzheimer's disease; and
Whereas, Nearly half of persons over age 85 have Alzheimer's disease; and
Whereas, Every 72 seconds, someone in America develops Alzheimer's disease; by mid- century, someone will develop Alzheimer's every 33 seconds; and
Whereas, The average cost of a nursing home in the United States is $42,000 a year; and
Whereas, Half of all nursing home residents have Alzheimer's disease; and
Whereas, 51% of them rely on Medicaid to pay those costs; and
Whereas, People with Alzheimer's live an average of 8 years after diagnosis, although some people may live for as many as 20 years after being diagnosed; and
Whereas, 75% of people with Alzheimer's are cared for at home; and
Whereas, Nearly one in four of the caregivers of people with Alzheimer's disease and other dementias provide 40 hours a week or more of care. 71% sustain this commitment for more than a year, and 32% do so for five years or more. Over 40% of these caregivers report high levels of emotional stress. Many of them are working full- or part-time, but their work responsibilities can be seriously affected by the demands of caregiving; and
Whereas, It is estimated that in West Virginia, there are nearly 80,000 care givers for Alzheimer's patients that provide nearly 69 million hours of unpaid care for these patients with a value of $670 million; and
Whereas, Two-thirds of working caregivers of people with Alzheimer's and other dementias report that they missed work because of caregiving responsibilities and eight percent of working caregivers of people with Alzheimer's and other dementia turned down a promotion, while 7% lost job benefits; and
Whereas, That assisting caregivers and communities in developing innovative incentives, technologies and programs for caregivers and people with Alzheimer's disease to preserve independence and quality of life are in the best interest of the people of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study innovative incentives, technologies and programs that support a continuum of alternatives for the care for individuals with Alzheimer's and which support families and caregivers and preserve the independence and community-based options for individuals with Alzheimer's disease; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegate C. Miller 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 rename a section of State Route 10, specifically as it traverses Lincoln County, from Cabell County to Logan County, the 'Dr. G.O. McClellan Highway'."
Whereas, Dr. G.O. McClellan, or Doc McClellan graduated from Guyan Valley High School; and
Whereas, Doc McClellan later graduated from Tennessee Medical School in 1936; and
Whereas, Doc McClellan returned to West Hamlin and opened a medical practice that served the community for fifty-two years; and
Whereas, Over the course of his career, Doc McClellan touched the lives of tens of thousands of people in Lincoln County and the surrounding counties; and
Whereas, Doc McClellan, as a general practitioner, delivered thousands of babies and provided much needed medical care for little or no compensation. In fact, his fee for service philosophy was described by him as I think everyone that ever owed me has paid as much as they can afford. I won't ask for anymore; and
Whereas, Doc McClellan was known for his generosity and kindness; and
Whereas, Doc McClellan was an outstanding and loyal citizen of the community who helped everyone in any way he could; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature request the Division of Highways to rename the section of State Route 10 as it traverses Lincoln County, from Cabell County to Logan County, the Dr. G.O. McClellan Highway; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at both ends of the road; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this Resolution to the Commissioner of Highways, the Lincoln County Commission and the Lincoln County Friends of the Arts.
Delegates Schoen, Armstead, Tansill, Canterbury, Anderson, Andes, Ashley, Azinger, Beach, Blair, Boggs, Border, Carmichael, Cowles, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ellis, Evans, Fleischauer, Frederick, Gall, Guthrie, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Ireland, Kessler, Kominar, Lane, Long, Manchin, Marshall, Michael, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Pethtel, Pino, M. Polling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Shaver, Shook, Sobonya, Staggers, Stalnaker, Stephens, Sumner, Talbott, Walters, Webster, Wells, White and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 60 - "Requesting the Joint Committee on Government and Finance to determine whether any federal grants exist to fund the training and cross-designation of State Police Officers and county law-enforcement officials to enforce immigration law; ascertain the feasibility of utilizing the training offered by the Department of Homeland Security and other federal agencies; and determine the feasability of incorporating U.S. Immigration and Customs Enforcement training into the curriculum conducted at the West Virginia State Police Academy."
Whereas, There exists a need to eliminate security threats along West Virginia's border, and to improve economic, transportation and infrastructure security; and
Whereas, It is important to coordinate with Federal Agencies to ensure that illegal aliens are identified and prosecuted; and
Whereas, It is vital that State Police officers and county law enforcement officials have an understanding of the resources and expertise needed to transport, manage and process aliens when located within the boundaries of West Virginia; and
Whereas, It is necessary to enhance the ability of State Police officers and county law-enforcement officials to enforce federal immigration law; and
Whereas, In response to the widespread interest from local law enforcement agencies who have requested Immigration Customs Enforcement assistance through the 287(g) program, Immigration and Customs Enforcement has developed the Immigration Customs Enforcement Access program (ICE ACCESS) to cross-designate local officers to enforce immigration law as authorized through section 287(g) of the Immigration and Nationality Act; and
Whereas, Agents and officers of Immigration and Customs Enforcement will meet with agencies requesting (ICE ACCESS) assistance to assess local needs and to draft appropriate plans of action; and, based upon these assessments, Immigration Control Enforcement and local agencies will determine which type of partnership is most beneficial and sustainable before entering into an official agreement; and
Whereas, Title 19 of the United States Code 1401 (I) allows for federal, state, local and foreign law-enforcement officers who participate primarily on U.S. Immigration and Customs Enforcement task force operations to be cross designated as Customs Officers and be granted the authority to enforce U.S. customs law; and
Whereas, More than 60 municipal, county, and state agencies nationwide have requested 287(g) Memorandums of Agreement with Immigration Customs Enforcement and more than 400 local and state officers have been trained under the program; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance explore the availability of federal grants to fund the training and cross-designation of State Police Officers and county law-enforcement officials to enforce immigration law; ascertain the feasibility of utilizing the training offered by the Department of Homeland Security and other federal agencies; and, determine the feasability of incorporating U.S. Immigration and Customs Enforcement training into the curriculum conducted at the West Virginia State Police Academy; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on or before the first day of October, 2008, and thereafter as may be required, as to the progress of its study.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Armstead, Rowan, Tansill, Overington and Azinger:
H. J. R. 109 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section six, article three thereof, relating to use of electronic surveillance in a person's home by the government without a warrant; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Special Calendar

Unfinished Business

The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 40, Requesting the United States Park Service to continue permitting hunting on areas controlled by New River Gorge National River,
H. C. R. 41, Urging the United States Congress to protect state regulation of the business of insurance,
H. C. R. 48, Designating the West Virginia Turnpike as the "Okey L. Patteson Highway",
H. C. R. 49, Requesting the Joint Committee on Government and Finance to study the impact of allowing adopted persons access to their original birth certificates,
And,
H. C. R. 50, Requesting the Joint Committee on Government and Finance to study the impact of changing the funding formula for local health department services.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

H. B. 4385, Revising certain powers and duties of the Legislative Auditor; on third reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Walters, and by unanimous consent, the rule was suspended to permit the offering and consideration of an amendment on third reading.
On motion of Delegates Walters and Morgan, the bill was amended on page three, section five, line twenty-five, at the end of subdivision (B), after the words "expended and reported" by striking out the period and inserting in lieu thereof a colon and the words "Provided, That the Legislative Auditor may only review state funds or invoices for services provided to the state."
On page three, section five, line twenty-eight, after subsection (b) by adding a new subsection to read as follows:
"(c) The Legislative Auditor shall provide any person or entity audited pursuant to this section a copy of the audit report, and shall allow the person or entity an opportunity to respond to the audit report in accordance with generally accepted governmental accounting practices."
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 73), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Mahan and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4385) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 74), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Mahan 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. 4385) 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. 4411, Exempting land-based finfish aquaculture facilities from certain sludge management requirements; 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. 75), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Mahan and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4411) 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

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. 3056, Authorizing pharmacists to administer immunizations,
Com. Sub. for H. B. 4124, Adding CPR and First Aid training to the health education curriculum in secondary schools,
Com. Sub. for H. B. 4138, Relating to rule making requirments of the Department of Health and Human Services,
And,
Com. Sub. for H. B. 4139, Relating to licensing persons using bioptic telescopic devices to operate a motor vehicle.
Com. Sub. for H. B. 4524, Relating generally to the ethical standards of public officers, employees and lobbyists; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Webster, Armstead, Blair and Carmichael, the bill was amended on page twelve, section one, line eighty-three, following the period, by inserting a colon and the following:
"Provided, however, That the member is not eligible for expense reimbursement if he or she does not attend a meeting or adjudicatory session in person."
The bill was then ordered to engrossment and third reading.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 4026, Restricting public access to concealed weapons permit records,
Com. Sub. for H. B. 4129, Establishing a special license for health care professionals who are retired and are donating their expertise in a clinic setting and providing such persons immunity from civil liability,
Com. Sub. for H. B. 4148, Authorizing that net settlement proceeds held for a minor may be invested in a Smart 529 plan,
Com. Sub. for H. B. 4299, Relating to requirements for firefighter applicants,
Com. Sub. for H. B. 4303, Clarifying disciplinary cases, investigations, hearings, injunctions and penalties for the Board of Acupuncture,
Com. Sub. for H. B. 4333, Relating to requiring an insurance company to withhold a specified amount from insurance proceeds to cover costs of fire cleanup of a structure,
Com. Sub. for H. B. 4487, Prohibiting public disclosure of the social security number of any person named or disclosed in a motor vehicle accident report,
Com. Sub. for H. B. 4496, Providing opportunities for members of the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System,
Com. Sub. for H. B. 4500, Providing qualified entities access to the West Virginia Central Abuse Registry,
Com. Sub. for H. B. 4515, Relating to reports by health care providers of persons incompetent to drive an automobile,
And,
Com. Sub. for H. B. 4552, Relating to water utility rates.
Leaves of Absence

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

Delegate Varner noted to the Clerk that he was absent on yesterday when the votes were taken on Roll Nos. 69 through 72, and that had he been present, he would have voted "Yea" thereon.
At 11:51 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 20, 2008.