hdj2008-02-26-49

__________*__________
Tuesday, February 26, 2008
FORTY-NINTH 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 25, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Delegate Mahan noted to the Clerk she was absent on February 25, 2008 when the votes were taken on Roll Nos. 136 through 159, and that had she been present, she would have voted "Yea" thereon.
Committee Reports

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. 33, Requesting that the Joint Committee on Government and Finance authorize the study of an increase in the prevalence of coal workers' pneumoconiosis,

H. C. R. 61, Requesting the Joint Committee on Government and Finance to study the development of an intermodal transportation facility to promote economic development in Southern West Virginia,

H. C. R. 63, Requesting the Joint Committee on Government and Finance to study sustainable funding methods to develop creative communities prepared to embrace opportunities in the new economy,

And,

H. C. R. 72, Requesting the Joint Committee on Government and Finance to study existing autism services,

And reports the same back with the recommendation that they each be adopted.
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

Com. Sub. for S. B. 60 - "A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to using or threatening to use a firearm or other deadly weapon as an element of robbery in the first degree; and providing criminal penalties"; 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. 152 - "A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-25 of said code; and to amend said code by adding thereto a new section, designated §30-29-11, all relating to requiring qualifying law-enforcement officers employed by a West Virginia law-enforcement agency to receive certification to carry a concealed firearm nationwide as provided in the federal Law-Enforcement Officers Safety Act of 2004; establishing procedure for a retired or medically discharged member of the State Police to appeal a denial of a letter of authorization to carry concealed handguns; providing that certain methods of authorization for retired or medically discharged members of the State Police to carry concealed handguns are cumulative; providing that a letter of authorization for a retired or medically discharged member of the State Police to carry concealed handguns shall be deemed a West Virginia concealed handgun license for the purpose of participating in reciprocity with other states; providing that law- enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her service weapon off duty; and requiring West Virginia law-enforcement agencies to offer access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal Law-Enforcement Officers Safety Act of 2004"; 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
Com. Sub. for S. B. 185 - "A Bill to amend and reenact §61-7-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §61-7A-1, §61-7A-2, §61-7A-3, §61-7A-4 and §61-7A-5, all relating to clarifying mental conditions which prohibit firearms' possession; definitions; requiring state registry of persons precluded firearms' possession due to mental condition; authorizing reporting of information to national registry; limitations on use of information; confidentiality; and establishing a procedure for petitioning to regain right to possess a firearm"; 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

Com. Sub. for S. B. 194 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-12, relating to establishing procedures for a manufacturer or publisher to provide special instructional material for blind, visually impaired and dyslexic students who are enrolled at a state institution of higher education; prohibiting sales and purchases of certain instructional materials under certain circumstances; prohibiting designation of certain instructional material as essential under certain conditions; requiring publisher or manufacturer to provide special instructional materials at same cost as standard instructional materials or at no additional cost under certain circumstances; granting certain exceptions to requirements; providing procedures for eligible students and state institutions of higher education to request special instructional materials; requiring certain information and agreements; and authorizing promulgation of joint emergency rule and requiring promulgation of joint legislative rule both by certain date"; 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
Com. Sub. for S. B. 224 - "A Bill to amend and reenact §7-15-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §7- 17A-1, §7-17A-2, §7-17A-3, §7-17A-4, §7-17A-5, §7-17A-6, §7-17A-7, §7-17A-8, §7-17A-9, §7-17A-10, §7-17A-11, §7-17A-12, §7-17A-13, §7-17A-14 and §7-17A-15, all relating to creating joint emergency service agencies in growth counties with a county comprehensive plan; exempting such agencies from regulation by the Public Service Commission; exempting such agencies from taxation; and providing for the imposition and collection of fees"; 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
Com. Sub. for S. B. 230 - "A Bill to amend and reenact §61-7-4 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to carrying concealed pistols or revolvers; clarifying that background checks for potential licensees be nationwide; modifying requirements for other states to qualify for reciprocity; and removing requirement that licenses contain the licensee's social security number"; 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. 237 - "A Bill to repeal §7-7-17 of the Code of West Virginia, 1931, as amended, relating to requiring county officers to file annual reports of certain expenditures"; which was referred to the Committee on Political Subdivisions 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
Com. Sub. for S. B. 291 - "A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge to each of the ninth, twenty-second and twenty-fourth judicial circuits"; which was referred to the Committee on the Judiciary 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
Com. Sub. for S. B. 311 - "A Bill to amend and reenact §52-1-14 of the Code of West Virginia, 1931, as amended, relating to authorizing judges to order jurors be drawn from another county or counties when jurors cannot be seated from the county in which the trial will be held and the county for which the jurors served shall compensate the jurors"; which was referred to the Committee on the Judiciary 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
Com. Sub. for S. B. 340 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-2A-101, §46A-2A-102, §46A-2A-103, §46A-2A-104 and §46A-2A-105, all relating to providing definitions; providing that the unauthorized access of certain computerized data which compromises the security or confidentiality of personal information is a breach of the security of a system; requiring notification to an individual of any breach of the security of a system of personal information; requiring certain actions by an entity with respect to a breach of security; making failure to comply with the provisions of this article an unfair or deceptive act or practice; providing for enforcement of this article by the Attorney General; providing civil penalties for violations; providing for enforcement of violations by a licensed financial institution by the primary functional regulator of the institution; and providing for the applicability of the article"; 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. 465 - "A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to eliminating the business franchise tax effective the first day of January, two thousand thirteen"; which was referred to the Committee on 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. 466 - "A Bill to amend and reenact §22C-1-3, §22C-1-6 and §22C-1-16 of the Code of West Virginia, 1931, as amended, all relating to the Water Development Authority; defining terms; providing that stormwater systems may qualify as water development projects; and authorizing the Water Development Authority to administer the Dam Safety Rehabilitation Revolving Fund Loan Program"; which was referred to the Committee on the Judiciary 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
Com. Sub. for S. B. 467 - "A Bill to amend and reenact §22-14-3, §22-14-15 and §22-14-19 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §22-14-20, §22-14-21 and §22-14-22, all relating to dam safety; defining terms; providing for the establishment, administration and management of the Dam Safety Rehabilitation Revolving Fund; providing moneys for the fund; providing eligibility requirements to receive loans from the fund; providing rule-making authority; providing application requirements for loans from the fund; establishing loan agreement requirements; providing for collection of moneys due the fund; providing authority to the Department of Environmental Protection for deficient dams that are privately owned by a noncompliant dam owner; and establishing civil penalties"; which was referred to the Committee on the Judiciary 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
Com. Sub. for S. B. 493 - "A Bill to amend and reenact §3-1A-6 of the Code of West Virginia, 1931, as amended, authorizing the Secretary of State to implement emergency procedures to ensure the integrity of the election process in times of natural disaster, terrorist attack, war or general emergency"; which was referred to the Committee on the Judiciary 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
Com. Sub. for S. B. 494 - "A Bill to amend and reenact §3-4A-2, §3-4A-10, §3-4A-13, §3- 4A-16, §3-4A-17, §3-4A-19, §3-4A-28 and §3-4A-33 of the Code of West Virginia, 1931, as amended, all relating to allowing election officials to use an electronic poll book containing voter registration information to verify that registered voters are eligible to vote in an election; defining terms; providing for storage, protection and maintenance of electronic poll books by county clerk; providing for use of electronic poll book to verify eligibility of voter; requiring election official to notify person not shown in electronic poll book to eligible to vote of the correct precinct; requiring preelection examination of electronic poll books; and requiring use of printed poll book if electronic poll book is not in working order"; which was referred to the Committee on the Judiciary 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
Com. Sub. for S. B. 495 - "A Bill to amend and reenact §3-1-46 of the Code of West Virginia, 1931, as amended, requiring training programs for election officials to be conducted within thirty days before an election"; 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
Com. Sub. for S. B. 496 - "A Bill to amend and reenact §3-2-30 of the Code of West Virginia, 1931, as amended, relating to protecting certain information maintained in voter registration files"; 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
Com. Sub. for S. B. 514 - "A Bill to amend and reenact §3-3-5 of the Code of West Virginia, 1931, as amended, relating generally to voting an absentee ballot by electronic mail; allowing ballot to be transmitted to absentee voter by electronic mail; requiring absentee voter to return completed ballot in the same manner ballot was transmitted or by electronic mail; and specifying that ballots received via electronic mail are to be processed in the same manner as ballots submitted by facsimile"; 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
Com. Sub. for S. B. 534 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-25-1, §47-25-2, §47-25-3, §47-25-4, §47-25-5, §47-25-6, §47-25-7, §47-25-8, §47-25-9, §47-25-10, §47-25-11, §47-25-12 and §47-25-13, all relating to establishing the Reduced Cigarette Ignition Propensity Standard and Firefighter Protection Act; providing short title; establishing definitions; establishing a test method and performance standard; requiring certification and product change information to be submitted to the State Tax Commissioner; requiring markings on cigarette packaging; establishing penalties; authorizing State Tax Commissioner to promulgate legislative rules to administer article; authorizing State Tax Commissioner and Alcohol Beverage Control Commissioner to conduct inspections; creating Reduced Cigarette Ignition Propensity Standard and Firefighter Protection Act Fund; providing for sales outside of West Virginia; providing for repeal of article if federal standard is adopted; prohibiting ordinances or local laws conflicting with article; and establishing effective date"; which was referred to the Committee on the Judiciary 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
Com. Sub. for S. B. 552 - "A Bill to amend and reenact §11-15-2 and §11-15-30 of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-6-2 and §24-6-6b of said code, all relating to taxation of prepaid wireless calling service and the wireless enhanced 911 fee; defining prepaid wireless calling service; providing that prepaid wireless calling service is subject to the consumers sales and service tax; requiring the collection and deposit by the Tax Commissioner of the proceeds of the consumers sales and service tax imposed on the sale of prepaid wireless calling service into the wireless enhanced 911 fee accounts maintained and administered by the Public Service Commission; and providing that prepaid wireless calling service is no longer subject to the wireless enhanced 911 fee"; which was referred to the Committee on 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
Com. Sub. for S. B. 554 - "A Bill to amend and reenact §30-14-2, §30-14-4, §30-14-5 and §30-14-11 of the Code of West Virginia, 1931, as amended, all relating generally to licensing requirements for osteopathic physicians and surgeons; removing inconsistent and outdated provisions; providing that the licensing requirements for osteopathic physicians and surgeons be clarified and updated; and providing additional causes for revoking or suspending a license"; which was referred to the Committee on Government Organization.

A message from the Senate, by

The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 565 - "A Bill to amend and reenact §11-3-2a of the Code of West Virginia, 1931, as amended, relating to notices of increased assessment; providing an exemption to the required notice of an increase in the assessed valuation of real property when the increase is under one thousand dollars; reducing the required notice period; and removing outdated language"; which was referred to the Committee on the Judiciary 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
Com. Sub. for S. B. 571 - "A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to creating a rebuttable presumption that cardiovascular injury, disease or death or pulmonary disease or death of a professional firefighter is an occupational injury if certain criteria are met; providing that sufficient notice of occupational injury, disease or death has been provided under such circumstances; and establishing presumption that death or injury was not self inflicted"; 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
Com. Sub. for S. B. 580 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-5-14a, relating to authorizing magistrate courts to accept unsigned copies of citations with payments for same"; 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
Com. Sub. for S. B. 619 - "A Bill to amend and reenact §16-4D-2, §16-4D-3 and §16-4D-4 of the Code of West Virginia, 1931, as amended, all relating to adding definitions for anticipated and unanticipated users of external defibrillators; and limiting liability toward unanticipated users who render aid"; 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. 628 - "A Bill to amend and reenact §17C-4-7 of the Code of West Virginia, 1931, as amended, relating to motor vehicle accident reports"; 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
Com. Sub. for S. B. 638 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to the receipt and transfer of catalytic converters; imposing reporting and record retention requirements for certain purchasers of catalytic converters; providing for the inspection of records and materials by investigators employed by law enforcement; and establishing criminal penalties"; 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. 641 - "A Bill to amend and reenact §22-26-1, §22-26-2, §22-26-3, §22-26-5 and §22- 26-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §22-26-7, §22-26-8 and §22-26-9, all relating to the Water Resources Protection and Management Act; establishing legislative findings; defining certain terms; continuing the water resources survey; continuing mandatory registration of certain water users; requiring reports to the Legislature; requiring development of a state water resources management plan; authorizing surface and groundwater data collection; setting forth powers and duties of the Secretary of the Department of Environmental Protection with regard to development of water resources management plans; establishing criteria for a state water resources management plan; and authorizing development of regional and critical area water resources management plans"; which was referred to the Committee on the Judiciary 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
Com. Sub. for S. B. 657 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1D-1, §21-1D-2, §21-1D-3, §21-1D-4, §21-1D-5, §21-1D-6, §21-1D-7, §21-1D-8 and §21-1D-9, all relating to the West Virginia Alcohol and Drug-Free Workplace Act; providing definitions; providing a statement of policy; requiring public improvement contractors to have and implement a drug-free workplace program that requires drug and alcohol testing; requiring a drug-free workplace policy to be posted at a public improvement construction site; requiring drug-free workplace records and contents be open for inspection; providing penalties; and providing that this article shall only apply to contracts awarded after this article takes effect"; 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. 689 - "A Bill to amend and reenact §11A-3-6, §11A-3-8, §11A-3-9, §11A-3-11, §11A-3-14, §11A-3-15, §11A-3-16, §11A-3-18, §11A-3-19, §11A-3-20, §11A-3-21, §11A-3-22, §11A-3-23, §11A-3-24, §11A-3-25, §11A-3-26, §11A-3-27, §11A-3-28, §11A-3-30, §11A-3-31 and §11A-3-32 of the Code of West Virginia, 1931, as amended, all relating to providing for the State Auditor to fulfill requirements of tax liens on properties sold to individuals"; which was referred to the Committee on the Judiciary 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
Com. Sub. for S. B. 710 - "A Bill to amend and reenact §22-21-20 of the Code of West Virginia, 1931, as amended, relating to the elimination of the requirement for spacing consent from coal entities along horizontal sections of coalbed methane wells; clarifying spacing orders; and requiring the coalbed methane well permit applicant to plug the well, at the necessary time, in a manner that will meet all state and federal requirements for mine-through of the targeted coal seam"; 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
Com. Sub. for S. B. 747 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-7-9, relating to creating the PROMISE Scholarship Summer Internship Program; requiring participation by certain agencies and individuals; directing Governor's Workforce Investment Division and Workforce West Virginia One Stop Centers to provide certain services; providing for evaluation of work performance; and requiring certain reports"; which was referred to the Committee on Education then Finance.
Resolutions Introduced

Delegates Ashley, M. Poling, Shaver, Overington and Schadler offered the following resolution, which was read by the Clerk:

H. R. 27 - "Commemorating the life of Richard Lee 'Dick' Schwartz, businessman, avid golfer and former member of the House of Delegates from Tucker County."

Whereas, Richard Lee "Dick" Schwartz was born on December 20, 1935, at Parkersburg, West Virginia, a son of the late Violet Wells Schwartz and Lewis Schwartz; and

Whereas, Dick was a graduate of Phillipi High School and Fairmont State College and did his postgraduate studies at West Virginia University; and

Whereas, Dick was a veteran who served in the United States Marines; and

Whereas, On April 14, 1957, Dick married the former Patricia A. Bell and together they had one daughter, Sarah B. Schwartz; and

Whereas, For eighteen years, Dick was the owner and operator of the Fairmont Printing Company of Fairmont, West Virginia, and he was most proud of the fact that his company produced the magazine, "Wild, Wonderful West Virginia"; and

Whereas, In 1981, Dick retired and moved to Canaan Valley where he purchased what is now known as the Village Inn Motel, Big John's Restaurant, and the Canaan Valley Store; and

Whereas, In 1988, Dick was appointed to the House of Delegates representing Tucker and Preston counties; and

Whereas, Dick was an avid golfer and in 1998, he transferred his shares of stock in the store and restaurant and began his golfing career; and

Whereas, Dick was a member of the Canaan Valley Baptist Church and was very active in community service, having served as President of the Jaycees, the Rotary, the Marion County and Tucker County Chambers of Commerce, the United Way, the Alumni Association of Fairmont State College and Governor of the State District 7530 of Rotary; and

Whereas, Dick departed this earthly life on February 6, 2007, at the age of seventy-one and his passing should not go unnoticed by this body; therefore, be it

Resolved by the House of Delegates:

That regret is hereby expressed by the members of the House of Delegates at the passing of Richard Lee "Dick" Schwartz, businessman, avid golfer and former member of the House of Delegates from Tucker County; and, be it

Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to his wife, Patty Schwartz, and his daughter, Sarah B. Schwartz.

At the respective request of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 27) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Special Calendar
Third Reading
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 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. 160), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3201) 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. 3204, Authorizing a county to hire a blasting enforcement officer ; 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. 161), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Andes, Cowles, Hamilton, Ireland, Lane, J. Miller, Sobonya, Tabb and Wysong.

Absent And Not Voting: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3204) 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 third reading, coming up in regular order, was read a third time.

Delegates Ashley, Ellem, Lane, Manchin, Reynolds, Schoen and Webster requested to be excused from voting on the passage of Com. Sub. for H. B. 4022 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. 162), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4022) passed.

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

On this question, the yeas and nays were taken (Roll No. 163), 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: Frederick and Hatfield.

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. 4022) 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. 4027, Transferring administration of the donated food program from the Department of Agriculture to the Department of Military Affairs and Public Safety; on third reading, coming up in regular order, was reported by the Clerk.

At the request of Delegate DeLong, and by unanimous consent, further consideration of the bill (H. B. 4027) was deferred.
Com. Sub. for H. B. 4037, Reducing state income tax liability for certain retired public employees ; on third reading, coming up in regular order, was read a third time.

Delegates Lane and Schoen requested to be excused from voting on the passage of Com. Sub. for H. B. 4037 under the provisions of House Rule 49.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 164), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Anderson, Andes, Carmichael and Michael.

Absent And Not Voting: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4037) 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. 4041, Relating to the regulation and treatment of the production of natural gas and coalbed methane; 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. 4041 under the provisions of House Rule 49.

The Speaker refused to excuse the Delegate 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. 165), and there were--yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Andes, Armstead, Border, Craig, Duke, Lane, Reynolds, Schoen, Sumner and Walters.

Absent And Not Voting: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4041) 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. 4076, Relating to the compensation and expenses of legislators; on third reading, coming up in regular order, was reported by the Clerk.

At the request of Delegate DeLong, and by unanimous consent, further consideration of the bill (Com. Sub. for H. B. 4076) was deferred.
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 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. 166), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Beach.

Absent And Not Voting: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4094) 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 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. 167), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4117) passed.

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

On this question, the yeas and nays were taken (Roll No. 168), 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: Frederick and Hatfield.

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. 4117) 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. 4134, Prohibiting the sale of less than twenty packaged cigarettes; 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. 169), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Walters.

Absent And Not Voting: Frederick, Hatfield and Pino.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4134) 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. 4144, Relating to physician assistants and updating language to conform to national changes; 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. 170), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4144) 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. 4148, Relating to investment options in minor settlements proceedings; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

On motion of Delegates Webster and Palumbo, the bill was amended on page eight, line one hundred twenty-nine, immediately following "(4)", by striking out the words "If the net settlement proceeds are less than twenty-five thousand dollars", striking out the comma and capitalizing the following word "the".

And,

On page nine, line one hundred thirty-five, immediately following the comma, by adding the following: "in a Smart529 college savings plan" and a comma.

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. 171), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4148) 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. 4255, Authorizing the Department of Commerce 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. 4255 under the provisions of House Rule 49.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 172), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Andes, Lane and Walters.

Absent And Not Voting: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4255) passed.

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

On this question, the yeas and nays were taken (Roll No. 173), 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: Frederick and Hatfield.

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. 4255) 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. 4290, Relating to electronic commerce; 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. 174), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4290) 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. 4296, Relating to the rights of crime victims; 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. 175), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4296) 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. 4364, Amending various requirements for motor vehicle dealers; on third reading, coming up in regular order, was read a third time.

Delegate C. Miller requested to be excused from voting on the passage of Com. Sub. for H. B. 4364 under the provisions of House Rule 49.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 176), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4364) 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. 4383, Awarding service revolver upon retirement to state fire marshal; 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. 177), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Wells.

Absent And Not Voting: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4383) 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. 4386, Authorizing municipalities to create a semiannual vacant property registration; 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. 178), and there were--yeas 84, nays 14, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Anderson, Andes, Armstead, Border, Carmichael, Cowles, Duke, Ireland, Lane, J. Miller, Overington, Porter, Romine and Schoen.

Absent And Not Voting: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4386) 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. 4394, Restoring the licensure exemption for certain contractors of manufactured housing installation; 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. 179), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4394) 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. 4396, Relating to retention and destruction of health care records; 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. 180), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4396) 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 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. 181), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Andes, Carmichael and Porter.

Absent And Not Voting: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4406) passed.

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

On this question, the yeas and nays were taken (Roll No. 182), 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: Frederick and Hatfield.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4406) 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. 4418, Establishing a statewide reporting system for hospitals to report their infection rates; 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. 183), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4418) 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. 4421, Repealing the corporate license tax, and creating corporate license tax replacement fees; 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. 184), 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: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4421) 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 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. 185), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Burdiss, Fleischauer and Shook.

Absent And Not Voting: Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4438) 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 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. 186), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Beach, Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4471) 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. 4472, Requiring a board of education to wait ten days before posting a new job opening following the death of an employee; 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. 187), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Andes, Ashley, Carmichael, Ellem and Sobonya.

Absent And Not Voting: Beach, Frederick and Hatfield.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. For H. B. 4472) passed.

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

At 12:20 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 2:30 p.m., and reconvened at that time.
* * * * * * * *
Afternoon Session
* * * * * * * *
Third Reading
(Continued)
Com. Sub. for H. B. 4476, Public-Private Transportation Facilities Act; on third reading, coming up in regular order, was reported by the Clerk.

At the request of Delegate DeLong, and by unanimous consent, further consideration of the bill (Com. Sub. for H. B. 4476) was deferred.
H. B. 4477, Relating to payment of GED exam fees; 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. 188), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Frederick.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4477) 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:

H. B. 4477 - "A Bill to amend and reenact §18-5-19c of the Code of West Virginia, 1931, as amended, relating to the technical and adult education services; providing legislative findings; requiring the State Board to develop a program for the payment of General Educational Development exam fees for certain individuals; requiring rulemaking; and requiring certain eligibility requirements."

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

On this question, the yeas and nays were taken (Roll No. 189), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent And Not Voting: Frederick.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4477) 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. 4484, Relating to the criminal offense of stalking; 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. 190), and there were--yeas 77, nays 22, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Andes, Armstead, Blair, Border, Cowles, Duke, Ellem, Evans, Fleischauer, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Schadler, Schoen, Shook, Sobonya, Tabb, Walters and Wysong.

Absent And Not Voting: Frederick.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4484) 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 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. 191), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent And Not Voting: Frederick

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4507) passed.

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

On this question, the yeas and nays were taken (Roll No. 192), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent And Not Voting: Frederick.

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. 4507) 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. 4511, Relating to zoning ordinance adoption by election or otherwise; 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. 193), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent And Not Voting: Frederick.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4511) passed.

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

On this question, the yeas and nays were taken (Roll No. 194), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent And Not Voting: Frederick.

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. 4511) 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. 4527, Allowing county commissions to regulate subdivisions and land development without adopting a plan; 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. 195), and there were--yeas 92, nays 7, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Anderson, Cowles, Ireland, J. Miller, Sobonya, Sumner and Wysong.

Absent And Not Voting: Frederick.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4527) 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. 4534, Permitting a five hundred dollar credit against personal income tax for the purchase of new wood and pellet stoves; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.

Com. Sub. for H. B. 4554, Testing school bus operators every other year; on third reading, coming up in regular order, was read a third time.

Delegates Moye and Stephens requested to be excused from voting on the passage of Com. Sub. for H. B. 4554 under the provisions of House Rule 49.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 196), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent And Not Voting: Frederick.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4554) passed.

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

On this question, the yeas and nays were taken (Roll No. 197), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent And Not Voting: Frederick.

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. 4554) 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. 4567, Attracting private investment for the financing, construction and operation of additional lodging units at Stonewall Jackson Lake State Park; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section sixteen, line thirteen, following the word "years" by inserting "at which time the full title to the recreational facilities shall vest in the state, except as otherwise provided within this subdivision".

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. 198), and there were--yeas 77, nays 22, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Anderson, Andes, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Lane, Miley, C. Miller, J. Miller, Overington, Porter, Schoen, Shook, Sobonya, Sumner, Tansill and Walters.

Absent And Not Voting: Frederick.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4567) 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 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. 199), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Carmichael and Walters.

Absent And Not Voting: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4588) passed.

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

On this question, the yeas and nays were taken (Roll No. 200), 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: Frederick and Stalnaker.

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. 4588) 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. 4607, Relating to special district excise tax authorization; 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. 201), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Frederick, Longstreth and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4607) 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. 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 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. 202), and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Border, Ireland, C. Miller, J. Miller, Sobonya and Tansill.

Absent And Not Voting: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4608) 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. 4611, Updating safety rules and regulations pertaining to walkways along railtracks; 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. 203), and there were--yeas 66, nays 32, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Anderson, Andes, Armstead, Ashley, Beach, Blair, Border, Campbell, Cann, Canterbury, Carmichael, Cowles, Craig, Hartman, Higgins, Ireland, Kominar, Long, Michael, C. Miller, J. Miller, Morgan, Reynolds, Schadler, Schoen, Shaver, Sobonya, Stemple, Tabb, Tansill, Walters and Williams.

Absent And Not Voting: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4611) 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. 4616, Relating to health reimbursement accounts for local government employees; on third reading, coming up in regular order, was read a third time.

Delegates Ashley, Azinger, Hamilton, Walters and White requested to be excused from voting on the passage of Com. Sub. for H. B. 4616 under the provisions of House Rule 49.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 204), 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: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4616) 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. 4618, Viatical Settlements Act; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
Com. Sub. for H. B. 4619, Collaborative Family Law Proceedings; on third reading, coming up in regular order, was read a third time.

Delegate Lane requested to be excused from voting on the passage of Com. Sub. for H. B. 4619 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. 205), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

Absent And Not Voting: Frederick, Staggers and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4619) passed.

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

Delegate Staggers announced that she was absent on today when the vote was taken on Roll Nos. 205, and that had she been present, she would have voted "Yea" thereon.
H. B. 4623, Relating to establishing minimum deductions; 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. 206), 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: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4623) 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. 4624, Providing per diem pay and mileage for volunteers who drive veterans to hospitals; 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. 207), 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: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4624 ) 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. 4628, Providing a tax credit for new job creation by certain taxpayers; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section twenty-seven, line twenty-two, by striking out the word "Provide" and inserting the words "Offer health and pension".

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. 208), and there were--yeas 84, nays 14, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Andes, Blair, Carmichael, Cowles, Duke, Higgins, Ireland, Michael, J. Miller, Moye, Overington, Palumbo, Schoen and Sumner.

Absent And Not Voting: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4628) passed.

Delegate DeLong moved that the bill take effect January 1, 2009.

On this question, the yeas and nays were taken (Roll No. 209), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Lane.

Absent And Not Voting: Frederick and Stalnaker.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4628) takes effect January 1, 2009.

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

At 3:32 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 4:30 p.m., and reconvened at that time.
Reordering of the Calendar

Delegate DeLong announced that the Committee on Rules had transferred Com. Sub. for H. B. 4534 and H. B. 4027, on third reading, Special Calendar, to the House Calendar.

Delegate DeLong then announced that the Committee on Rules had transferred H. B. 2930, Com. Sub. for H. B. 4126, Com. Sub. for H. B. 4307, H. B. 4568, Com. Sub. for H. B. 4593, Com. Sub. for H. B. 4690, H. B. 4712, H. B. 4713 and H. B. 4714, on second reading, House Calendar, to the Special Calendar.

At the request of Delegate DeLong, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

Chairman White, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration:

Com. Sub. for H. B. 4665, Herbert Henderson Office of Minority Affairs,

And reports the same back, with amendment, with the recommendation that it do pass.

At the respective requests of Delegate DeLong, and by unanimous consent, the bill (Com. Sub. for H. B. 4665) was taken up for immediate consideration, read a second time, and advanced to third reading with the Finance Committee amendment pending.
Third Reading
(Continued)

Com. Sub. for H. B. 4076, Relating to the compensation and expenses of legislators; on third reading, coming up in regular order, with right to amend, was reported by the Clerk.

Delegate Armstead moved to amend the bill on page two, following the enacting section, by striking out Chapter 4.

And,

By amending the enacting section to read as follows:

"That §5-5-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; to read as follows" followed by a colon.

The question being on the adoption of the amendment, the same was put and did not prevail.

Delegate Armstead requested that the Clerk record him as having voted "Yea" thereon.

Delegates Armstead, Andes and Carmichael moved to amend the bill on page four, section four, line sixteen, after the word "article" by striking out the words "the majority leaders and minority leaders of the Senate and of the House of Delegates" and inserting in lieu thereof "the majority leaders of the Senate and of the House of Delegates and the minority leader of the Senate".

And,

On page five, section four, line twenty three, after the word "parties" by changing the period to a semicolon and inserting the following:

"The compensation for the minority leader of the House of Delegates will remain at the previous level prior to the adoption of any increase in compensation made by the West Virginia Legislature during the Second Regular Session of the Seventy-Eighth Legislature."

The question being the adoption of the amendment, the same was put and did not prevail.

Delegate Armstead requested that the Clerk record him as having voted "Yea" thereon.

On motion of Delegate Wysong, the bill was amended on page two, by striking out section two in its entirety and inserting in lieu thereof the following:
"§4-2A-2. Basic compensation for services; proration.

(a) ~~Each~~ Beginning in the calendar year two thousand nine and for each calendar year after that, each member of the Legislature shall receive as basic compensation for his or her services the sum of ~~fifteen~~ twenty thousand dollars per calendar year, to be paid as provided in subsection (b) of this section. In addition to the basic compensation, members shall receive the additional compensations as are expressly provided ~~for~~ in sections three, four and five of this article. ~~Except for the increased basic compensation set forth in this subsection all~~ All other increased amounts or new amounts in respect to the compensation ~~or expenses~~ of members of the Legislature, set forth in the resolution of the Citizens Legislative Compensation Commission, dated the ~~eighth~~ ninth day of January, ~~one~~ two thousand ~~nine hundred ninety-nine~~ seven, and implemented in sections two, ~~through~~ four, six and eight of this article providing for new amounts or amounts increased to new amounts greater than those in force and effect on the first day of January, two thousand ~~shall all~~ seven, become effective for calendar year two thousand ~~one~~ nine and each calendar year ~~thereafter as prescribed in this section~~ after that: Provided, That increased amounts or new amounts in respect to the expenses of members of the Legislature, set forth in said resolution, and implemented in sections six and eight of this article providing for new amounts or amounts increased to new amounts greater than those in force and effect on the first day of January, seven, become effective for calendar year two thousand eight and each calendar year after that.

(b) The basic compensation ~~shall be~~ is payable ~~twice a month during each regular session of the Legislature, without regard to any extension of the regular session.~~ as follows:

(1) In the year two thousand nine, and every fourth year after that:

(A) Five thousand dollars in each of February, March and. April, payable twice a month; and

(B) Six hundred twenty-five dollars in each of January, May, June, July, August, September, October and November, payable once a month.

(2) Beginning in two thousand ten, in all years except those described in subdivision (1) of this subsection:

(A) Five thousand dollars in each of January, February and March, payable twice a month; and

(B) Six hundred twenty-five dollars in each of April, May, June, July, August, September, October and November, payable once a month;

In the event of the death, resignation or removal of a member of the Legislature during a regular session of the Legislature and the appointment and qualification of his or her successor during any regular session, the basic compensation provided for in this section shall be prorated between the original member and his or her successor on the basis of the number of days served (including Saturdays and Sundays) as a member of the Legislature by each during the regular session of sixty calendar days.

(c) In the event of the death, resignation or removal of a member of the Legislature and the appointment and qualification of his or her successor, subsequent to the regular session of the Legislature held in the calendar year in which such successor was appointed and qualified, none of the basic compensation provided for in this section shall be paid to such successor the compensation provided in this section for the month in which the death, resignation or removal of the member of the Legislature occurs shall be prorated between the original member and his or her successor on the basis of the number of days served, including Saturdays and Sundays in the month."

Delegates Andes, Anderson, Armstead, Ashley, Border, Evans, Hamilton, Ireland, Lane, C. Miller, J. Miller, Porter, Romine, Rowan, Schoen and Sobonya requested that the Clerk record them as having voted "Nay" on the foregoing amendment.

There being no further amendments, and having been engrossed, the bill was then read a third a third time.

Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H. B. 4076 under the provisions of House Rule 49.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 210), and there were--yeas 62, nays 36, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Gall, Hamilton, Hutchins, Ireland, Kessler, Klempa, Lane, Mahan, C. Miller, J. Miller, Moye, Overington, Pino, D. Poling, Porter, Rowan, Schoen, Shaver, Sobonya, Sumner, Tansill, Tucker, Varner, Walters and Yost.

Absent And Not Voting: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4076) passed.

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

Com. Sub. for H. B. 4076 - "A Bill to amend and reenact §4-2A-2, §4-2A-4 §4-2A-6 and §4-2A-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-5-2 of said code, all relating to providing employment benefits to public officials generally; increasing basic compensation and per diem expense allowance for members of the Legislature; increasing certain additional compensations for certain members of the Legislature; and increasing the annual incremental salary increase for certain eligible employees of the state."

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

On this question, the yeas and nays were taken (Roll No. 211), and there were--yeas 75, nays 23, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Andes, Armstead, Ashley, Border, Canterbury, Carmichael, Duke, Ellem, Hutchins, Ireland, Kessler, Klempa, Lane, C. Miller, J. Miller, Pino, Rowan, Schoen, Shaver, Sobonya, Sumner, Tansill and Walters.

Absent And Not Voting: Frederick and Stalnaker.

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. 4076) takes effect from its passage.

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

Delegate Morgan asked and obtained unanimous consent that the remarks of Delegate Wysong regarding the passage of Com. Sub. for H. B. 4076 be printed in the Appendix to the Journal.

Delegate Carmichael asked and obtained unanimous consent that the remarks of Delegate Armstead regarding the passage of Com. Sub. for H. B. 4076 be printed in the Appendix to the Journal.
Com. Sub. for H. B. 4637, Relating to the deployment of broadband to the remaining unserved areas of the state; 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. 212), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Andes, Carmichael and J. Miller

Absent And Not Voting: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4637) 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. 4644, Relating to the forfeiture of bail; 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. 213), 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: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4644) 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. 4664, Clarifying the purpose of the Purchasing Division; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
H. B. 4670, Authorizing the Public Employees Insurance Agency to charge interest to employers on amounts not paid on time; 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. 214), 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: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4670) 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. 4676, Continuing the permissible appropriation of Public Employees Insurance Reserve Fund moneys to the bureau for medical services; 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. 215), 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: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4676) 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. 4677, Reducing the requirement that the Director of Personnel must have five years experience in personnel management; 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. 216), and there were--yeas 85, nays 13, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Armstead, Canterbury, Cowles, Ireland, Lane, C. Miller, J. Miller, Palumbo, Schoen, Sobonya, Spencer, Sumner and Walters.

Absent And Not Voting: Frederick and Stalnaker.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4677) 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. 4684, Amending the West Virginia Film Industry Investment Act; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
Com. Sub. for H. B. 4692, Permitting depositories of state, county, municipal and other public moneys to pool securities; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
H. B. 4708, Authorizing use of citations in lieu of arrest warrants for certain offenses; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
Com. Sub. for H. B. 3065, Relating to making false reports of child abuse, sexual abuse and domestic violence; on third reading, coming up in regular order with an amendment pending, was, on motion of Delegate DeLong, laid over one day.
Com. Sub. for H. B. 4304, Revised Anatomical Gift Act; on third reading, coming up in regular order, with an amendment pending, was, on motion of Delegate DeLong, laid over one day.
Com. Sub. for H. B. 4381, Relating to an assigned risk plan and guaranty association account for workers' compensation insurance; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
H. B. 4525, Placing the Weatherization Program under the control of the Division of Energy; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
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:

H. B. 2930, Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal,

H. B. 4126, Prohibiting the Commissioner of Culture and History from merging the archives library and the lending library,

Com. Sub. for H. B. 4307, Relating to bona fide residents wholly or solely owning greyhounds,

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

H. B. 4568, Requiring accident and sickness insurance providers and HMO's to cover the treatment of Lyme disease

Com. Sub. for H. B. 4593, Exempting persons with a masters or a doctorate degree in marriage or family therapy from being licensed,

Com. Sub. for H. B. 4636, Making changes to workers' compensation insurance,

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

Com. Sub. for H. B. 4690, Ensuring that homeowners are adequately informed of the nature of the licensed contractor's insurance coverage,

H. B. 4712, Supplementary appropriation to the Department of Transportation-Division of Motor Vehicles,

H. B. 4713, Expiring funds to the balance of the Department of Health and Human Resources, Health Care Authority,

And,

H. B. 4714, Supplementary appropriation to the Department of Commerce, Department of Education and the Arts-Division of Rehabilitation Services, Department of Military Affairs and Public Safety-Fire Marshal.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leave of absence for the day was granted Delegate Frederick.

At 5:36 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 27, 2008.