hdj2008-02-25-48

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Monday, February 25, 2008
FORTY-EIGHTH 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 Sunday, February 24, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.

At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.

At the request of Delegate DeLong, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing resolutions.
Resolutions Introduced

Delegates Armstead, Anderson, Andes, Argento, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ellis, Evans, Fragale, Frederick, Gall, Hamilton, Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moye, Overington, Palumbo, Paxton, Perdue, Pethtel, D. Poling, M. Poling, Porter, Reynolds, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Shook, Sobonya, Spencer, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tucker, 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. 70 - "Requesting the Joint Committee on Government and Finance to study proper and fitting activities to honor Abraham Lincoln on the occasion of the bicentennial anniversary of his birth."

Whereas, On February 12, 1809, Abraham Lincoln was born in Hardin County, Kentucky, and rose to the presidency through a legacy of honesty, integrity, intelligence and commitment to the United States; and

Whereas, Through a legacy of honesty, integrity, intelligence and commitment to the United States, Abraham Lincoln became the 16^th President of the United States; and

Whereas, Abraham Lincoln was the nation's most beloved leader, demonstrating true courage during one of the greatest crisis in the history of this nation, the Civil War; and

Whereas, With the belief that all men are created equal, Abraham Lincoln signed the Emancipation Proclamation freeing slaves in the United States; and

Whereas, Abraham Lincoln had a generous heart, with malice toward none and with charity for all; and

Whereas, On December 31, 1862, President Abraham Lincoln wrote, "I believe the admission of West Virginia into the Union is expedient;" and

Whereas, On January 20, 1863, the Statehood Bill for West Virginia was approved by President Abraham Lincoln; and

Whereas, Abraham Lincoln made the ultimate sacrifice for the country he loved, dying from an assassin's bullet on April 15, 1865; and

Whereas, All West Virginians will benefit from studying the life of Abraham Lincoln, for his life was a model for leadership through honesty, integrity, loyalty and a lifetime of education; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study activities that may be carried out by the State of West Virginia as fitting and proper to honor Abraham Lincoln on the occasion of the bicentennial anniversary of his birth; and, be it

Further Resolved, That the Joint Committee on Government and Finance report its findings regarding the activities that it considers most fitting and proper to honor Abraham Lincoln on such occasion and the state agency or agencies that it considers most appropriate to carry out such activities, together with drafts of any legislation necessary to effectuate its recommendation, on or before October 1, 2008; 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.

Delegates Caputo, DeLong, Boggs, Manchin and Longstreth offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 71 - "Requesting the Joint Committee on Government and Finance to study compensating state troopers for off-duty time when required to be on standby to be called back to work."

Whereas, There are areas of the state with limited staffs of law-enforcement officers to respond to emergencies. As a result, off-duty state troopers in these areas are restricted in their plans while off-duty because they are all too often called on and become responsible for answering the calls for these various emergencies; and

Whereas, There should be a method of compensating these troopers for responding to emergency calls during their off-duty times; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study compensating state troopers for off-duty time when required to be on standby to be called back to work; 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 form legislative appropriations to the Joint Committee on Government and Finance.

Delegate Pino offered the following resolution, which was read by the Clerk:

H. R. 24 - "Designating February 25, 2008, as 'Corrections Day'."

Whereas, It is the mission of the West Virginia Division of Corrections to provide a safe, secure and humane correctional system for the public, staff and offenders; and

Whereas, The adult correctional population continues to expand and it is important for agency representatives and policymakers to appreciate the nature and magnitude of the growth; and

Whereas, West Virginia was ranked 40th in the nation in 2005, with an incarceration rate of 291 per 100,000 residents. That between 1995 and 2005, West Virginia had the second fastest growing prison population in the nation; and

Whereas, Commitments to the Division of Corrections grew by 5.6% in 2005, resulting in 2,605 new inmates and that parole violators comprised a high of 14.8% of all new commitments in 2005; and

Whereas, In 2005, only 4.1% of all parole violators were returning due to the commission of a new crime. That in 2004, seven out of ten new admissions were for nonviolent offenses and excluding assault, violent offenders received the longest sentences in 2004; and

Whereas, As of December, 2005, West Virginia's correctional population was over two and one-half times its size in 1993. That between 1998 and 2000, 53.2% of inmates were released on parole compared to 41.8% between 2001 and 2005 so nearly half (48.6%) of all inmates released in 2005 were granted parole. Therefore, the largest percent increase in parole grant rates occurred in 2005, with a 10.0% increase from the previous year; and

Whereas, West Virginia's correctional population is forecasted to increase at an average annual growth rate of 3.3% over the next decade and according to the forecast, the Division of Corrections can expect to receive approximately 205 additional inmates per year. Therefore, the correctional population is expected to reach 6,192 inmates in 2010 and 7,369 in 2015; and

Whereas, The information provided in this resolution will assist public officials and agency representatives in planning for the future and developing policies for the management of the West Virginia correctional population as well as providing adequate pay, benefits, and a safe secure workplace for the employees in the correctional system; therefore, be it

Resolved by the House of Delegates:

That the House of Delegates hereby designates February 25, 2008, as "Corrections Day"; and, be it

Further Resolved, That the House of Delegates recognizes the exceptional service and commitment of the employees of the Division of Corrections; and, be it

Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the Director of the Division of Corrections.

At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 24) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Delegates Wysong, Tabb, Hartman, Proudfoot, Doyle, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, DeLong, Duke, Eldridge, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Gall, Guthrie, Hamilton, Hatfield, Higgins, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Lane, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Porter, Reynolds, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Shook, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Swartzmiller, Talbott, Tansill, Mr. Speaker, Mr. Thompson, Tucker, Varner, Walters, Webster, Wells, White, Williams and Yost offered the following resolution, which was read by the Clerk:

H. R. 25 - "Commemorating the passing of Brian William Linn,West Virginia State Trooper, Soldier, Husband, Father and a great asset to his Community, State and Country."

Whereas, Trooper Brian William Linn was born in Elkins, West Virginia on April 22, 1982, to Thomas C. Linn and Mary Ruth Snelson; and

Whereas, Trooper Linn graduated from Elkins High School in 2000, where he was active in athletics and other extracurricular activities, and was an avid outdoorsman; and

Whereas, Trooper Linn enlisted in the West Virginia Army National Guard's 229th Engineering Unit at Camp Dawson, West Virginia, in April of 2000, and was deployed to Camp Doha, Kuwait, as part of Operation Enduring Freedom before transferring to the A Battery 201st Field Artillery Unit and was later deployed to Scania, Iraq as part of Operation Iraqi Freedom; and

Whereas, Trooper Linn was honorably discharged on March 24, 2007, having attained the rank of Specialist E-4, and having been awarded the Army Achievement Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Medal, the Armed Forces Reserve Medal with "M" Device, the Army Service Ribbon, and a Driver's Mechanic Badge; and

Whereas, Trooper Linn enlisted in the West Virginia State Police on September 26, 2005, and graduated from the West Virginia State Police Academy as a member of the 55th Cadet Class and earned an Associate's Degree in Police Science from Marshall University during his State Police training. He was stationed at the Charles Town State Police Detachment in Jefferson County, and became a resident of Martinsburg; and

Whereas, Trooper Brian Linn, died in the line of duty on November 3, 2007, while responding to a call for assistance by a fellow Trooper at Kearneysville; and

Whereas, Trooper Linn is survived by his wife, Melissa; two daughters, Paige, age nine and Madeline, age two, and was a proud and dedicated husband and father; and

Whereas, Trooper Linn is also survived by his parents Thomas C. Linn and Mary Ruth Snelson, and by his stepmother, Vicki Linn, stepfather, Arnold Snelson, two brothers, Marty Linn and Aaron Linn, two stepsisters, Mandi Foster and Holly Baughman, two stepbrothers, Michael Foster and Larry Snelson, paternal grandmother, Madeline Linn Phillips, one niece, two nephews, numerous aunts, uncles and cousins; and

Whereas, Trooper Linn is further survived by his faithful co-workers from Troop Two of the West Virginia State Police: Troopers Keith Martin, Mike Dickerson, Martin Glende, Brock Chandler, Joe Bush, Craig Morton, Derek Underwood, Dave Heil, Jonathon Moon, Janette Schuessler, Keith Castle, Jonathon Meeks, Jeremy Phillips and Ed Anderson; and

Whereas, The West Virginia State Police play an essential role in safeguarding the safety, rights and freedoms of all West Virginians, often at their own peril; and

Whereas, Trooper Brian Linn gave of himself with bravery in the face of personal danger and in his supreme sacrifice for his community brings honor to his family, friends, fellow troopers, the citizens of Randolph, Jefferson and Berkeley Counties, and the entire State of West Virginia; and

Whereas, All West Virginians mourn the tragic loss of this quiet and reserved, yet brave and loyal young native son who gave his life to protect his fellow man and advance the common good; and

Whereas, The passing of Brian William Linn should not go unnoticed; therefore, be it

Resolved by the House of Delegates:
That regret is hereby expressed by the members at the passing on of Brian William Linn, state trooper, soldier, husband, father, and beloved gentleman whose unwavering commitment to serving others touched the lives of many West Virginians; a man who loved his family, his Country and his State; and, be it

Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the family of Brian William Linn who have suffered a great loss, including his beloved wife, Melissa Linn; his daughter, Paige Linn; his daughter Madeline Linn; his father, Thomas C. Linn; and his mother, Mary Ruth Snelson; as well as to the Troop Commander of the Charles Town Detachment of the West Virginia State Police, the Adjutant General of West Virginia National Guard and the principal of Elkins High School.

At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 25) to a committee was dispensed with, and it was taken up for immediate consideration.

The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 98), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

Absent And Not Voting: Eldridge, Frederick, Moore, Shook, Tansill and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 25) adopted.

Mr. Speaker, Mr. Thompson, and Delegates Crosier, Stemple, Caputo, DeLong, Ennis, Fragale, Hartman, Hutchins, Iaquinta, Klempa, Longstreth, Manchin, Michael, Morgan, Pethtel, D. Poling, Proudfoot, Swartzmiller, Tucker, Varner, Webster and Yost offered the following resolution, which was read by the Clerk:

H. R. 26 - "Honoring law-enforcement officers, personnel, officials and agencies for their commitment and dedication to protecting the citizens of this State."

Whereas, West Virginia can boast as having one of the lowest crime rates in the United States; and

Whereas, It is fitting and proper that law-enforcement officers be commended, encouraged and honored for their contributions that have resulted in these statistics; and

Whereas, Law-enforcement officers give generously of themselves both in spirit and deed so others might share in the joy of living in a free and democratic society; and

Whereas, Law-enforcement officers have the desire to help their fellow citizens in times of need, no matter how dangerous or difficult the situation; and

Whereas, We honor and appreciate the outstanding law-enforcement officers who have distinguished themselves with unselfish and exemplary services to the community and its citizens; therefore, be it
Resolved by the House of Delegates:

That the House of Delegates hereby honors law-enforcement officers, personnel, officials and agencies for their commitment and dedication to protecting the citizens of this State; and, be it

Further Resolved, That all West Virginians are encouraged to give due recognition to law- enforcement officers for distinguishing West Virginia with one of the lowest crime rates in America; and, be it

Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the appropriate representatives of law enforcement, which is to include, but not be limited to, all local and state police departments within West Virginia.

At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 26) to a committee was dispensed with, and it was taken up for immediate consideration.

The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 99), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

Absent And Not Voting: Eldridge, Frederick, Moore, Shook, Tansill and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 26) adopted.
Committee Reports

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. 4549, Providing an exemption from workers' compensation in certain circumstances for volunteer fire departments,

And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 4549 - "A Bill to amend and reenact §23-2-1 of the Code of West Virginia, 1931, as amended, relating to providing an exemption from workers' compensation in certain circumstances for volunteer fire departments,"

With the recommendation that the committee substitute do pass.

At the respective requests of Delegate DeLong, and by unanimous consent, the bill (H. B. 4549) was taken up for immediate consideration, read a first time and then ordered to second reading.

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. 4636, Making changes to workers' compensation insurance,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4636 - "A Bill to amend and reenact §5A-3-10a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §23-2- 9a; to amend and reenact §23-2C-3, §23-2C-15 and §23-2C-17 of said code; and to amend and reenact §23-5-1 and §23-5-11 of said code, all relating to workers' compensation insurance; prohibiting public contracts with employers in workers' compensation default; providing for the termination of licenses and permits to employers in workers' compensation default; requiring the proposal of rules to regulate certain third-party administrators; requiring proposal of rules relating to establishing penalties for certain defaults; changing period of notice for cancellation of policies; establishing fixed percentages for determining surcharges on covered employers and permitting recalculation of such percentages; eliminating certain carrier reporting requirements; changing periods within which private carriers must notify the Insurance Commissioner regarding coverage status; limiting employer protests; increasing the periods in which to file objections to claims decisions; providing for conditional payment of benefits; providing that corrective orders do not nullify pending protests; providing for proposal of rules relating to establishing a trial return to work period for employees; and increasing salaries of members of the Board of Review,"

And,

H. B. 4643, Establishing an Office of Minority Business Development within the West Virginia Development Office,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 4643 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-15, relating to minority business development; requiring the West Virginia Development Office to pursue the establishment of an office within the West Virginia Development Office or the Department of Commerce to promote and support the establishment and growth of minority owned businesses in this state; setting forth goals and objectives; and requiring a report to the West Virginia Legislature,"

With the recommendation that the committee substitutes each do pass.

At the respective requests of Delegate DeLong, and by unanimous consent, the bills (Com. Sub. for H. B. 4636 and Com. Sub. for H. B. 4643) were taken up for immediate consideration, read a first time and then ordered to second reading.
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. 64, Urging cooperation to establish an academic competition among the state's high schools,
H. C. R. 65, Requesting the Joint Committee on Regional Jail and Correctional Facility Oversight to conduct a study establishing drug and mental health courts in each judicial district,
H. C. R. 66, Honoring and commemorating 100 years of service at home and abroad by the United States Army Reserve,

And,
H. C. R. 67, The "Abishi Carrando Cunningham, Sr. Memorial Bridge".

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

Delegate Mahan noted to the Clerk that she was absent February 14 through February 22, 2008 when the votes were taken on Roll Nos. 59 through 97, and that had she been present, she would have voted "Yea" thereon.

At 11:59 a.m., on motion of Delegate DeLong, the House of Delegates recessed until 1:20 p.m., and reconvened at that time.
Third Reading
Com. Sub. for H. B. 2739, Providing veterans' death certificates to families and funeral directors at no cost; 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. 100), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:

Absent And Not Voting: Barker, Duke, Eldridge, Ellem, Fleischauer, Fragale, Frederick, Moore, Shook, Spencer and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2739) passed.

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. 2881, Providing that antique motor vehicles may be used for occasional recreational driving ; 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. 101), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

Absent And Not Voting: Duke, Eldridge, Ellem, Fleischauer, Frederick, Moore, Shook, Spencer and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2881) passed.

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. 3188, Creating a means by which effectiveness of economic development incentives can be measured; 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. 102), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent And Not Voting: Eldridge, Frederick, Moore, Shook and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3188) passed.

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. 4023, Provide for the denial or suspension of a driver's license for any student who withdraws from school or fails to receive passing grades; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

On motion of Delegates Webster and M. Poling, the bill was amended on page twenty-six, line one hundred sixty-one, at the end of the paragraph by adding a new sentence, to read as follows:

"The rule may not include attainment by a student of any certain grade other than passing or grade point average as a measure of satisfactory progress toward graduation."

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. 103), and there were--yeas 80, nays 15, absent and not voting 5, with the nays and absent and not voting being as follows:

Nays: Andes, Armstead, Border, Canterbury, Carmichael, Cowles, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Schoen, Sobonya and Sumner.

Absent And Not Voting: Eldridge, Frederick, Moore, Shook and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4023) passed.

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. 4074, Creating an Office for Oral Health under the Bureau for Public Health and authorizing a full time director; 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. 104), and there were--yeas 92, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:

Nays: Andes, Ireland and J. Miller.

Absent And Not Voting: Eldridge, Frederick, Moore, Shook and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4074) passed.

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. 4121, Authorizing the participation of local governments in a purchasing card program to be administered by the Auditor; 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. 105), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent And Not Voting: Eldridge, Frederick, Moore, Shook and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4121) passed.

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. 4132, Prohibiting employers from mandated captive meetings with their employees on political or religious matters and providing civil remedy for violations; 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. 106), and there were--yeas 64, nays 33, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Browning, Cann, Carmichael, Cowles, Craig, Duke, Evans, Hartman, Higgins, Ireland, Kominar, Lane, Michael, C. Miller, J. Miller, Overington, Palumbo, Pino, Porter, Romine, Rowan, Schadler, Schoen, Sobonya, Sumner and Tansill.

Absent And Not Voting: Frederick, Moore and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4132) passed.

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. 4156, Permitting a governing body of a municipality to place a lien on property in an amount equal to the demolition and removal of a hazardous structure; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

Delegates Cowles, Canterbury and J. Miller moved to amend the bill on page three, section sixteen, line eight, after the word "amount" by striking out the following: "that reflects all costs of demolition and removal of the property incurred by the municipality;" and inserting in lieu thereof the following: "not to exceed the fair market value of the property as recorded in the office of the county assessor" and a comma.

On the adoption of the amendment, Delegate Canterbury demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 107), and there were--yeas 28, nays 69, absent and not voting 3, with the yeas and absent and not voting being as follows:

Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Crosier, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Michael, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Sobonya, Sumner and Tansill.

Absent And Not Voting: Frederick, Moore and Walters.

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. 108), and there were--yeas 72, nays 25, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Anderson, Andes, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, C. Miller, J. Miller, Moye, Overington, Porter, Romine, Schadler, Schoen, Sobonya and Sumner.

Absent And Not Voting: Frederick, Moore and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4156) passed.

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. 4206, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules; 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. 109), and there were--yeas 87, nays 9, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Andes, Blair, Hamilton, Ireland, Lane, J. Miller, Porter, Schoen and Sobonya.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4026) passed.

Delegate DeLong moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 110), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Schoen and Sobonya.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4206) 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. 4209, Authorizing the Department of Administration to promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H. B. 4209 under the provisions of House Rule 49.

The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 111), and there were--yeas 88, nays 8, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Andes, Ireland, Lane, Miller, C, Miller, J, Porter, Schoen and Sobonya.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4209) passed.

Delegate DeLong moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 112), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Schoen and Sobonya.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4209) 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. 4244, Authorizing the Department of Transportation to promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H. B. 4244 under the provisions of House Rule 49.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 113), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Andes, Lane and J. Miller.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4244) passed.

Delegate DeLong moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 114), 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: Frederick, Moore, Romine and Walters.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4244) 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. 4308, Exempting from the nursing licensing provisions the care of the sick when done in connection with the practice of religious tenets of any church or religious organization; 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. 115), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Ireland.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4308) 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. 4314, Paying for veterans' grave markers where the U. S. government has denied the application of the veteran; on third reading, coming up in regular order, was read a third time.

Delegate Stalnaker requested to be excused from voting on the passage of Com. Sub. for H. B. 4314 under the provisions of House Rule 49, stating that he owned a cemetery monument business.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 116), 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: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4314) passed.

Delegate DeLong moved that the bill take effect July 1, 2008.

On this question, the yeas and nays were taken (Roll No. 117), 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: Frederick, Moore, Romine and Walters.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4314) takes effect July 1, 2008.

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, Relating to payment of National Board for Professional Teaching Standards salary bonus; 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. 118), 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: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4341) passed.

Delegate DeLong moved that the bill take effect July 1, 2008.

On this question, the yeas and nays were taken (Roll No. 119), 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: Frederick, Moore, Romine and Walters.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4341) takes effect July 1, 2008.

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. 4355, Allowing Hatfield-McCoy Regional Recreation Authority to retain civil penalties imposed for violation of authority rules; 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. 120), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Sobonya.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4355) passed.

Delegate DeLong moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 121), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Sobonya.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4355) 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. 4357, Extending the Neighborhood Investment Program Act and eligibility for tax credits under the act; 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. 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: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4357) passed.

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. 4368, Reducing acts of student violence and disruptive behavior and increasing penalties for chronically disruptive students; 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. 123), 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: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4368) passed.

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. 4384, Expanding the number of members of boards of zoning appeal from five to seven; 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. 124), and there were--yeas 85, nays 11, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Armstead, Ashley, Border, Canterbury, Carmichael, Lane, C. Miller, Porter, Schoen, Sobonya and Sumner.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4384) passed.

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. 4404, Discount Medical Plan Organizations and Discount Prescription Drug Plan Organizations Act; 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. 125), 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: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4404) passed.

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. 4420, Imposing corporate net income tax on certain regulated investment companies and real estate investment trusts used as tax sheltering 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. 126), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Andes, Ireland, Lane, Porter and Sobonya.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4420) passed.

An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

Com. Sub. for H. B. 4420 - "A Bill to amend and reenact §11-24-3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-24-4b, all relating to providing the manner in which the corporate net income tax is to be imposed on certain real estate investment trusts and regulated investment companies."

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. 4434, Establishing a higher education energy and water savings revolving loan fund; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

On motion of Delegate M. Poling the bill was amended on page three, section eleven, line nineteen, by striking out the word "rules" and inserting in lieu thereof the words "a rule".

On page three, section eleven, line twenty, by striking out the word "three" and inserting in lieu thereof the word "three-a".

On page three, section eleven, line twenty-two, following the period, by inserting the following sentence:

"A bill introduced authorizing the promulgation of the rule shall be referred by the Speaker of the House of Delegates and by the President of the Senate to the Committees on Education and Finance of the respective houses for consideration."

And,

On page four, section eleven, following line forty-one, by inserting a new subsection (g) to read as follows:

"(g) The Legislature finds that an emergency exists and, therefore, the Commission shall file the rule required by subsection (c) of this section as an emergency rule pursuant to the provisions of article three-a, chapter twenty-nine-a of this code, subject to the prior approval of the Legislative Oversight Commission on Education Accountability."

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. 127), 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: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4434) passed.

Delegate DeLong moved that the bill take effect July 1, 2008.

On this question, the yeas and nays were taken (Roll No. 128), 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: Frederick, Moore, Romine and Walters.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4434) takes effect July 1, 2008.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4449, Allowing the Higher Education Policy Commission and WV Council for Community and Technical College Education to enter into lease-purchase agreements; 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 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4449) 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. 4482, Allowing payments from the Parkways Authority to the Hatfield-McCoy Regional Recreational Authority to continue past the nine-year limitation; 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. 130), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Duke, Porter and Sobonya.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4482) passed.

Delegate DeLong moved that the bill take effect July 1, 2008.

On this question, the yeas and nays were taken (Roll No. 131), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Sobonya.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4482) takes effect July 1, 2008.

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. 4495, Limiting the use of the titles "registered nurse", "nurse practitioner", and "nurse" to certain qualified individuals; 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. 132), 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: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4495) 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. 4557, Relating to continuing education for insurance producers; on third reading, coming up in regular order, was read a third time.

Delegates Ashley, Azinger, Hamilton, Kominar, Michael and White requested to be excused from voting on the passage of H. B. 4557 under the provisions of House Rule 49.

The Speaker refused to excuse the Members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 133), 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: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4557) passed.

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

H. B. 4557 - "A Bill to amend and reenact §33-12-8 of the Code of West Virginia, 1931, as amended, relating to providing for carry-over of hours of continuing education for individual insurance producers into the following biennial reporting period."

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. 4613, Increasing protection to beneficiaries of structured settlements as they relate to settlement transfers; 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 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Andes.

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4613) passed.

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. 4617, Allowing e-notification by using e-certified cards for verification of certified mail acceptance to the court of origin for service of process; 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 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent And Not Voting: Frederick, Moore, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4617) passed.

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

Delegate Eldridge asked and obtained unanimous consent that the remarks of Delegate Caputo regarding H. B. 4132, relating to captive meetings for political purposes, be printed in the Appendix to the Journal.

Delegate Brown announced that she was absent on February 21 and 22, 2008 when the votes were taken on Roll Nos. 81 through 97, and that had she been present, she would have voted "Yea" thereon.

Delegate Eldridge announced that he was absent on today when the votes were taken on Roll Nos. 101 through 105, and that had he been present, he would have voted "Yea" thereon.

Delegates Duke, Ellem and Spencer announced that they were absent on today when the votes were taken on Roll Nos. 100 and 101, and that had they been present, they would have voted "Yea" thereon.

At 3:05 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 4:30 p.m., and reconvened at that time.
* * * * * * * *
Evening Session
* * * * * * * *
Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred Com. Sub. for H. B. 2967 and Com. Sub. for H. B. 4148, on second reading, House Calendar, to the Special Calendar.

Delegate DeLong also announced that the Committee on Rules had transferred Com. Sub. for H. B. 4307, H. B. 4568, H. B. 4669, Com. Sub. for H. B. 4690, H. B. 4712, H. B. 4713 and H. B. 4714, on second reading, Special Calendar, to the House Calendar.

Special Calendar
Second Reading
Com. Sub. for H. B. 2967, Creating the "West Virginia Remembers Program"; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 136), 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: Frederick, Mahan, Romine and Walters.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 137), 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: Frederick, Mahan, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2967) 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. 3201, Authorizing the tax commissioner to refuse, revoke, suspend or refuse to renew a business registration certificate for a business that is the alter ego, nominee or instrumentality of a business in certain situations; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3204, Authorizing a county to hire a blasting enforcement officer; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4001, Providing certain county commissions with authority to regulate the location of businesses selling sexually-oriented materials ; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 138), 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: Frederick, Mahan, Romine and Walters.

So, four fifths of the members present and having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 139), 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: Frederick, Mahan, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4001) passed.

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. 4022, Creating the Indigent Defense Commission to assist Public Defender Services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4027, Transferring administration of the donated food program from the Department of Agriculture to the Department of Military Affairs and Public Safety; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4037, Reducing state income tax liability for certain retired public employees; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4041, Relating to the regulation and treatment of the production of natural gas and coalbed methane; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4076, Relating to the compensation and expenses of legislators; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4079, Relating to Professional Employer Organizations ; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 140), 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: Frederick, Mahan, Romine and Walters.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 141), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Manchin and D. Poling.

Absent and Not Voting: Frederick, Mahan, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4079) passed.

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. 4082, Relating to the Public Employees Retirement System; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 142), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Manchin.

Absent and Not Voting: Frederick, Mahan, Romine and Walters.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 143), 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: Frederick, Mahan, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4082) passed.

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. 4088, Allowing farm equipment dealers to calculate their inventory based on an average of their yearly sales ; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 144), 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: Frederick, Mahan, Romine and Walters.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 145), 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: Frederick, Mahan, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4088) passed.

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. 4094, Relating to reimbursement of compensation paid to certain state employees for job-related training, education or professional development; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4106, Allowing the Supreme Court of Appeals to establish a uniform bail schedule; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 146), 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: Frederick, Mahan, Romine and Walters.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 147), 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: Frederick, Mahan, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4106) passed.

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. 4117, Expanding eligibility for state minimum salary supplements for classroom teachers achieving certain national certification; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4134, Prohibiting the sale of less than twenty packaged cigarettes; on second reading, coming up in regular order, was read a second time.

On motion of Delegate Webster, the bill was amended on page three, sub-section (b), line eighteen, after the word "distribution", by striking the words"tobacco products" and inserting in lieu thereof the word "cigarettes".

On page three, line twenty-one, sub-section c, after the word "distribution", by striking the words "tobacco products" and inserting in lieu thereof the word "cigarettes".

And,

On page three, line twenty-four, sub-section d, after the word "distribution", by striking the words "tobacco products" and inserting in lieu thereof the word "cigarettes".

The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4144, Relating to physician assistants and updating language to conform to national changes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 4148, Relating to investment options in minor settlements proceedings; on second reading, coming up in regular order, was read a second time.

Com. Sub. for H. B. 4255, Authorizing the Department of Commerce to promulgate legislative rules on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4290, Relating to electronic commerce; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4296, Relating to the rights of crime victims' on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4364, Amending various requirements for motor vehicle dealers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4383, Awarding service revolver upon retirement to state fire marshal; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4386, Authorizing municipalities to create a semiannual vacant property registration; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4394, Restoring the licensure exemption for certain contractors of manufactured housing installation; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4396, Relating to retention and destruction of health care records; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4402, Relating to compulsive gambling; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 148), 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: Frederick, Mahan, Romine and Walters.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 149), 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: Frederick, Mahan, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4402) 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. 4406, Relating to state board standards for the recommended duration of school bus transportation times for students to and from school; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4418, Establishing a statewide reporting system for hospitals to report their infection rates; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4421, Repealing the corporate license tax, and creating corporate license tax replacement fees; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4433, Increasing the maximum amount of a medical student loan that may be cancelled; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 150), 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: Frederick, Mahan, Romine and Walters.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 151), 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: Frederick, Mahan, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4433) passed.

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. 4438, Relating to air pollution control; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4445, Relating to definitions under the Medical Professional Liability Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 152), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent and Not Voting: Frederick, Mahan, Romine, Stalnaker and Walters.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage.

Delegates Border and Perdue requested to be excused from voting on the passage of H. B. 4445 under the provisions of House Rule 49, stating they were pharmacists.

The Speaker refused to excuse the Gentlemen from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 153), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:

Nays: Manchin.

Absent and Not Voting: Frederick, Mahan, Romine, Stalnaker and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4445) passed.

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. 4471, Making certain changes to the West Virginia State Police Retirement System; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4472, Requiring a board of education to wait ten days before posting a new job opening following the death of an employee; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4474, Relating to registered nurses required in operating rooms; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 154), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent and Not Voting: Frederick, Mahan, Romine, Stalnaker and Walters.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 155), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent and Not Voting: Frederick, Mahan, Romine, Stalnaker and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4474) passed.

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. 4476, Public-Private Transportation Facilities Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4477, Relating to payment of GED exam fees; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4484, Relating to the criminal offense of stalking; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4494, Relating to the regulation of the practice of accountancy; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 156), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent and Not Voting: Frederick, Mahan, Romine, Stalnaker and Walters.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage.

Delegates Campbell, Hamilton and Schoen requested to be excused from voting on the passage of Com. Sub. for S. B. 4494 under the provisions of House Rule 49.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 157), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent and Not Voting: Frederick, Mahan, Romine, Stalnaker and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com . Sub. for H. B. 4494) passed.

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. 4507, West Virginia Military Authority Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4511, Relating to zoning ordinance adoption by election or otherwise; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4527, Allowing county commissions to regulate subdivisions and land development without adopting a plan; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4534, Permitting a five hundred dollar credit against personal income tax for the purchase of new wood and pellet stoves; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4554, Testing school bus operators every other year; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4567, Attracting private investment for the financing, construction and operation of additional lodging units at Stonewall Jackson Lake State Park; on second reading, coming up in regular order, was read a second time.

Delegate DeLong moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

On this question, the yeas and nays were taken (Roll No. 158), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent and Not Voting: Frederick, Mahan, Romine, Stalnaker and Walters.

So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

Having been engrossed, the bill was then read a third time and put upon its passage.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 159), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

Absent and Not Voting: Frederick, Mahan, Romine, Stalnaker, Stephens and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4570) passed.

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. 4588, Relating to public school support; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4607, Relating to special district excise tax authorization; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4608, Relating to a study and investigation on issues in connection with creating a pilot program for child day care centers operated by the state; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4611, Updating safety rules and regulations pertaining to walkways along railtracks; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4616, Relating to health reimbursement accounts for local government employees; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4618, Viatical Settlements Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4619, Collaborative Family Law Proceedings; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4623, Relating to establishing minimum deductions; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4624, Providing per diem pay and mileage for volunteers who drive veterans to hospitals; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4628, Providing a tax credit for new job creation by certain taxpayers; on second reading, coming up in regular order, was read a second time.

At the request of Delegate DeLong, and by unanimous consent, the bill was advanced to third reading, and the rule was suspended to permit the consideration of a pending amendment by the Committee on Finance on third reading.
Com. Sub. for H. B. 4637, Relating to the deployment of broadband to the remaining unserved areas of the state; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4644, Relating to the forfeiture of bail; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4664, Clarifying the purpose of the Purchasing Division; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4665, Herbert Henderson Office of Minority Affairs; on second reading, coming up in regular order, was on motion of Delegate DeLong, committed to the Committee on Finance.

H. B. 4670, Authorizing the Public Employees Insurance Agency to charge interest to employers on amounts not paid on time; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4676, Continuing the permissible appropriation of Public Employees Insurance Reserve Fund moneys to the bureau for medical services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4677, Reducing the requirement that the Director of Personnel must have five years experience in personnel management; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4684, Amending the West Virginia Film Industry Investment Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4692, Permitting depositories of state, county, municipal and other public moneys to pool securities; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4708, Authorizing use of citations in lieu of arrest warrants for certain offenses
Com. Sub. for H. B. 3065, Relating to making false reports of child abuse, sexual abuse and domestic violence; on second reading, coming up in regular order, was read a second time.

At the request of Delegate DeLong, and by unanimous consent, the bill was advanced to third reading, and the rule was suspended to permit the offering and consideration of an amendment on third reading.
Com. Sub. for H. B. 4304, Revised Anatomical Gift Act; on second reading, coming up in regular order, was read a second time.

At the request of Delegate DeLong, and by unanimous consent, the bill was advanced to third reading, and the rule was suspended to permit the offering and consideration of a pending amendment by Delegate Kessler on third reading.

Com. Sub. for H. B. 4381, Relating to an assigned risk plan and guaranty association account for workers' compensation insurance; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4525, Placing the Weatherization Program under the control of the Division of Energy; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence

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

Delegate Stephens announced that he was absent on today when the votes were taken on Roll Nos. 159, and that had he been present, he would have voted "Yea" thereon.

Delegate Moore announced that he was absent on today when the votes were taken on Roll Nos. 98 through 135, and that had he been present, he would have voted "Yea" thereon.

At 5:23 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 26, 2008.