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House Journal


Day 60 (03-13-2010) - [PDF]
Day 59 (03-12-2010) - [PDF]
Day 56 (03-09-2010) - [PDF]
Day 58 (03-11-2010) - [PDF]
Day 57 (03-10-2010) - [PDF]
Day 55 (03-08-2010) - [PDF]
Day 52 (03-05-2010) - [PDF]
Day 50 (03-03-2010) - [PDF]
Day 48 (03-01-2010) - [PDF]
Day 45 (02-26-2010) - [PDF]
Day 44 (02-25-2010) - [PDF]
Day 43 (02-24-2010) - [PDF]
Day 42 (02-23-2010) - [PDF]
Day 41 (02-22-2010) - [PDF]
Day 38 (02-19-2010) - [PDF]
Day 37 (02-18-2010) - [PDF]
Day 36 (02-17-2010) - [PDF]
Day 35 (02-16-2010) - [PDF]
Day 34 (02-15-2010) - [PDF]
Day 30 (02-11-2010) - [PDF]
Day 29 (02-10-2010) - [PDF]
Day 28 (02-09-2010) - [PDF]
Day 27 (02-08-2010) - [PDF]
Day 24 (02-05-2010) - [PDF]
Day 23 (02-04-2010) - [PDF]
Day 22 (02-04-2010) - [PDF]
Day 21 (02-02-2010) - [PDF]
Day 20 (02-01-2010) - [PDF]
Day 17 (01-29-2010) - [PDF]
Day 16 (01-28-2010) - [PDF]
Day 15 (01-27-2010) - [PDF]
Day 14 (01-26-2010) - [PDF]
Day 13 (01-25-2010) - [PDF]
Day 10 (01-22-2010) - [PDF]
Day 09 (01-21-2010) - [PDF]
Day 07 (01-19-2010) - [PDF]
Day 06 (01-18-2010) - [PDF]
Day 03 (01-15-2010) - [PDF]
Day 02 (01-14-2010) - [PDF]
Day 01 (01-13-2010) - [PDF]
hdj2010-02-10-29


__________*__________




WEDNESDAY, FEBRUARY 10, 2010

TWENTY-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 Tuesday, February 9, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

Mr. Speaker, Mr. Thompson, and Delegate Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 38 - "Requesting the Division of Highways to name the Jennie's Creek Bridge, numbered 50-52-49.92, in Wayne County the 'Ralph L. Dawson Memorial Bridge'."
Whereas, Ralph Leon Dawson was born in Crum, West Virginia and is one of seven children; and
Whereas, Ralph graduated as valedictorian of Crum High School in 1955. He earned both his AB and MA degrees in Education at Marshall University; and
Whereas, Ralph was a well respected and important part of the Crum community in Southern Wayne County. He was a teacher and Principal of Crum Elementary for over 43 years. He touched the lives of thousands of children. As an educator he belonged to the Wayne County Education Association, the West Virginia Education Association, and the National Education Association; and
Whereas, Ralph was also involved in the community. He was instrumental in bringing municipal water to hundreds of families, starting work on the project in 1960. Ralph was also Chairman of the Crum Public Service District until his death; and
Whereas, Ralph was also a businessman, he co-owned the "Crum Pizza House" for over 27 years; and
Whereas, He also participated in numerous civic and fraternal organizations: He was Secretary of Jewel Lodge #140 AF & AM, Logan Royal Arch Chapter, Logan Commandry, Beni Kedem Temple AAONMS, Crum Chapter OES #160, Past Patron of Kermit Chapter OES #123, Williamson Elks Lodge and Williamson Moose Lodge. He was an active member and supporter of the Wayne County Genealogical and Historical Society. He was also a member of the General Andrew Lewis Chapter of the Sons of the American Revolution. He was a former Scout Master of the Crum Boy Scout Troop, Chairman of the Wayne County Community Service Organization, a member of the Wayne County Economic Development Association and a Kentucky Colonel; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature request the Division of Highways to name the Jennie's Creek Bridge, numbered 50-52-49.92, in Wayne County the "Ralph L. Dawson Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at both ends of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Ralph Dawson, the Commissioner of Highways, and the Wayne County Commission.
By Mr. Speaker, Mr. Thompson, and Delegates Morgan, Craig, C. Miller, Reynolds, Sobonya, Stephens, Perdue, Andes, Beach, Boggs, Ennis, Givens, Hatfield, Martin, Paxton, D. Poling, Poore, Rodighiero, Staggers, Talbott and T. Walker offered the following resolution, which was read by its title as follows:
H. R. 20 - "Designating February 10, 2010 as 'Marshall University Day'."
Whereas, Marshall University is one of the State's premier institutions of higher education; and
Whereas, Marshall University educates nearly 14,000 students at campus locations in Huntington, Point Pleasant, South Charleston, Beckley, Logan and Gilbert and offers degrees at the associate, baccalaureate, master's and doctoral levels; and
Whereas, Marshall University is building a national reputation for research in biotechnology, forensics and medicine through its College of Science and the Joan C. Edwards School of Medicine; and
Whereas, Marshall University has established a goal of creating new, high-value job opportunities through the Marshall Institute for Interdisciplinary Research as part of West Virginia's "Bucks for Brains" initiative; and
Whereas, With every dollar the State invests in Marshall University, the university generates nearly $8 spent in the West Virginia economy, resulting in an estimated output generated by Marshall of $547 million per year; and
Whereas, Since the Marshall Recreation Center opened for business one year ago, approximately 200,000 people have taken advantage of its services, while discovering that "Fun, Fitness and Friendship Forever" is not just a slogan, but a way of life; and
Whereas, Full-time enrollment at Marshall University increased nearly 3.8 percent from Fall 2008 to Fall 2009, and new freshmen from West Virginia increased by 200 students or 16.5 percent during that same time; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing is providing services to all 55 state counties providing expertise to more than 4,300 small and medium-sized manufacturers that employ more than 73,000 individuals across West Virginia; and
Whereas, The Nick J. Rahall, II Appalachian Transportation Institute of Marshall University is setting national standards in transportation; and
Whereas, Marshall University's Health Sciences train hundreds of West Virginians to serve as doctors, nurses, therapists and health technicians each year; and
Whereas, Marshall University alumni number more than 90 thousand across the globe; therefore, be it
Resolved by the House of Delegates:
That the House hereby designates February 10, 2010, as "Marshall University Day"; and, be it
Further Resolved, That the House hereby recognizes Marshall University for its tremendous contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to Stephen J. Kopp, President of Marshall University.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 20) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4179, Removing the termination date of the Equal Pay Commission,
And,
H. B. 4245, Relating to county board of education, eligibility of members and training requirements,
And reports the same back with the recommendation that they each do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4236, Psychologists, WV Board of, qualifications for licensure as a psychologist or a school psychologist,
And,
H. B. 4336, Clarifying that an applicant to practice real estate appraisal activity is required to complete a criminal background check,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4236 and H. B. 4336) were each referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4198, Extending the expired term of a member of the Oil and Gas Inspectors' Examining Board until such time as the member's successor is appointed and qualified,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4198 - "A Bill to amend and reenact §22C-7-3 of the Code of West Virginia, 1931, as amended, relating to extending the expired term of a member the Oil and Gas Inspectors' Examining Board until the member's successor is appointed and qualified,"
With the recommendation that the committee substitute do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4161, Creating the Herbert Henderson Office of Minority Affairs,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4161) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4319, Relating to publication of the State Register,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4319) was referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 3123, Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes,
H. B. 4306, Relating to public school support computation of local share,
H. B. 4349, Updating terms and the process for approval and adoption of instructional resources in public schools,
And,
H. B. 4389, Exempting sales of personal tangible property and services by public and private schools from consumer sales tax and service,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 3123, H. B. 4306, H. B. 4349 and H. B. 4389) were each referred to the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4355, Making it a felony offense to disarm, or attempt to disarm probation officers and parole officers,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 4355) to the Committee on Finance was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4248, Relating to the solicitation of charitable funds,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4248 - "A Bill to amend and reenact §29-19-2, §29-19-5 and §29-19-6 of the Code of West Virginia, 1931, as amended, all relating to the solicitation of charitable funds; defining the terms 'audit' and 'financial review'; including other methods of communications in the definition of the term 'solicitation'; raising the threshold for exemption from filing audits and registering; and requiring financial reviews for charitable organization raising between $100,000 and $200,000 in contributions,"
And,
H. B. 4281, Replacing references to "mental retardation" with "intellectual disability",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4281 -- "A Bill to repeal §27-1A-12 of the Code of West Virginia, 1931, as amended; to repeal §27-2-1a and §27-2-1b of said code; to amend and reenact §9-4C-1 of said code; to amend and reenact §9-5-11c of said code; to amend and reenact §9-6-1 of said code; to amend and reenact §11-27-10 and §11-27-11 of said code; to amend and reenact §16-1-4 of said code; to amend and reenact §16-2D-2 and §16-2D-5 of said code; to amend and reenact §16-5F-2 of said code; to amend and reenact §16-5O-2 of said code; to amend and reenact §16-22-1 and §16-22-2 of said code; to amend and reenact §16-29A-3 of said code; to amend and reenact §16-30-7 and §16-30-24 of said code; to amend and reenact §27-1-3, §27-1-6, §27-1-7 and §27-1-9; to amend and reenact §27-1A-1, §27-1A-4 and §27-1A-6 of said code; to amend and reenact §27-2-1 of said code; to amend and reenact §27-2A-1 of said code; to amend and reenact §27-4-1 of said code; to amend and reenact §27-5-9 of said code; to amend and reenact §27-9-1 of said code; to amend and reenact §27-12-1 of said code; to amend and reenact §29-15-1, §29-15-5 and §29-15-6 of said code; to amend and reenact §44A-1-1 and §44A-1-2 of said code; and to amend and reenact §49-4A-6 of said code, all relating to updating code references relating to intellectually disabled persons; replacing the term 'mentally retarded' with 'intellectually disabled' or 'individuals with an intellectual disability'; renaming an intermediate care facility for the mentally retarded (ICF-MR) to an intermediate care facility for individuals with an intellectual disability (ICF-ID); altering definitions of terms; and deleting obsolete references,"
With the recommendation that the committee substitutes each do pass.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Andes:

H. B. 4418 - "A Bill to amend and reenact §6B-3-2 of the Code of West Virginia, 1931, as amended, relating to requiring lobbyists to disclose compensation agreements for each registered employer"; to the Committee on the Judiciary.
By Delegates M. Poling, Paxton and Stephens:

H. B. 4419 - "A Bill to amend and reenact §9-2-6a of the Code of West Virginia, 1931, as amended, all relating to developing caseload standards for the Department of Health and Human Resource program areas; requiring the proposal of rules for legislative approval by the secretary on or before June 30, 2010; providing for periodic review of caseload standards; requiring caseload standards committees to comply with open meeting laws; clarifying that employee representatives may serve an advisory role to a caseload standards committee; establishing maximum staffing caseloads; providing that caseload standards be adopted using recognized standards for each program area; providing that caseload standards may be used to justify an increase in human resource budgets for program areas; and making stylistic corrections"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Miley, Craig, Morgan, Michael, Ross, Kominar and Cann:

H. B. 4420 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4 and §55-7E-5, all relating to filing of claims for asbestos; disclosures regarding existing and anticipated claims involving asbestos bankruptcy trusts; defendants' rights in asbestos action to require claimant to show cause regarding additional bankruptcy trust claims; certification of cause of action by court; discovery of materials from bankruptcy trusts; value of trust claims; sanctions for noncompliance; and rights of setoff"; to the Committee on the Judiciary.
By Delegates Mahan, Klempa, Fleischauer, Miley, White, Marshall, Campbell, Perdue, M. Poling and Hatfield:

H. B. 4421 - "A Bill to amend and reenact §21-5E-5 of the Code of West Virginia, 1931, as amended, relating to removing the provision specifying a termination date for the Equal Pay Commission"; to the Committee on Government Organization.
By Delegates Miley, Brown, Ferro, Longstreth, Moore and Ross

[By Request of the Supreme Court of Appeals]:
H. B. 4422 - "A Bill to amend and reenact §61-7-7 of the Code of West Virginia, 1931, as amended, relating to clarifying that an individual is prohibited from possessing firearms and ammunition when a protective order is issued and served; and authorizing the enforcement of firearms prohibition after the emergency protective order is issued"; to the Committee on the Judiciary.
By Delegates M. Poling and Duke

[By Request of the Department of Education]:
H. B. 4423 - "A Bill to amend and reenact §18A-4-5a of the Code of West Virginia, 1931, as amended, relating to providing additional conditions for which counties may provide teachers salary increments or compensation above the county salary schedule; state board rule required for condition; and providing for uniform application among persons for like duties, assignments and accomplishment"; to the Committee on Education then Finance.
By Delegates M. Poling and Duke

[By Request of the Department of Education]:
H. B. 4424 - "A Bill to amend and reenact §18A-2-12 of the Code of West Virginia, 1931, as amended, relating to requiring state board policy for annual evaluations for all professional personnel; alignment with teaching and leader standards; implementation date; transition; and progress reports on policy development to oversight commission"; to the Committee on Education.
By Delegates Perdue, Hatfield, Border, Hartman, Marshall, Michael, Moore, Phillips, Rodighiero, Staggers and Wooton:

H. B. 4425 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-7-20, relating to the development of a pilot program for unlicensed persons to administer medications in a nursing home by the Board of Registered Professional Nurses"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Andes:

H. B. 4426 - "A Bill to repeal §16-2D-1, §16-2D-2, §16-2D-3, §16-2D-4, §16-2D-4a, §16- 2D-4b, §16-2D-5, §16-2D-5a, §16-2D-6, §16-2D-7, §16-2D-7a, §16-2D-8, §16-2D-9, §16-2D-10, §16-2D-11, §16-2D-12, §16-2D-13, §16-2D-14 and §16-2D-15 of the Code of West Virginia, 1931, as amended; to repeal §16-29A-20; to repeal §16-42-6 of said code to repeal §49-7-30 of said code; to amend and reenact §9-5-19 of said code; to amend and reenact §16-1-4 of said code; to amend and reenact §16-29B-1, §16-29B-8, §16-29B-11 and §16-29B-19a of said code; to amend and reenact §16-29I-6 of said code; and to amend and reenact §33-15B-5 of said code; all relating to elimination of the requirement that health facilities receive a certificate of need before opening"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Andes and McGeehan:
H. B. 4427 - "A Bill to amend and reenact §18-2E-3a of the Code of West Virginia, 1931, as amended, relating to providing an annual $5,000 bonus to teachers of advanced placement math and science classes"; to the Committee on Education then Finance.
By Delegates Andes, Cowles and C. Miller:

H. B. 4428 - "A Bill to amend and reenact §30-27-4 of the Code of West Virginia, 1931, as amended, relating to abolishing the Board of Barbers and Cosmetologists"; to the Committee on Government Organization then the Judiciary.
By Delegates Phillips, Crosier, Frazier, Longstreth, Mahan, Staggers, Guthrie and Hall:

H. B. 4429 - "A Bill to amend and reenact §19-20-24 of the Code of West Virginia, 1931, as amended, relating to increasing the financial penalties for causing serious injury or death to a dog or horse used by the police, the Department of Military Affairs and Public Safety or fire prevention or investigation officials"; to the Committee on Agriculture then the Judiciary.
By Delegates Boggs, Perry, Moore, White, Miley, Kominar, Azinger and Evans:

H. B. 4430 - "A Bill to amend and reenact §5-16-9 of the Code of West Virginia, 1931, as amended, relating to requiring the Public Employees Insurance Agency and its contractors, under certain circumstances, to advertise that they are seeking bids prior to accepting bids for contracts"; to the Committee on Finance.
By Delegates Azinger and Crosier:

H. B. 4431 - "A Bill to amend and reenact §8-22-25 of the Code of West Virginia, 1931, as amended, relating to permitting a retired police officer to be hired as a chief of police and continue to receive retirement benefits"; to the Committee on Pensions and Retirement then Finance.
By Delegates Talbott, Eldridge and Ross:

H. B. 4432 - "A Bill to amend and reenact §6-9-8 of the Code of West Virginia, 1931, as amended, relating to reducing the cost of services provided by the chief inspector to be charged to a Class IV municipality and specifying the charge is for cost of the service"; to the Committee on Political Subdivisions then Finance.
By Delegates Craig, Stowers, Kominar, Morgan, C. Miller, Andes and Reynolds:

H. B. 4433 - "A Bill to amend and reenact §22A-2-66 of the Code of West Virginia, 1931, as amended, relating to allowing the Director of the Office of Miners' Health, Safety and Training flexibility when determining the appropriate penalty to impose against operators who fail to provide immediate notice upon the occurrence of a mining accident"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Staggers, Hatfield, Swartzmiller, Manypenny, Reynolds, Ross, Marshall, Stephens and Martin:

H. B. 4434 - "A Bill to amend and reenact §30-7-15a and §30-7-15b of the Code of West Virginia, 1931, as amended, all relating to expanding prescriptive authority of advanced nurse practitioners"; to the Committee on Health and Human Resources then Government Organization.
By Delegate White

[By Request of the Tax and Revenue Department]:
H. B. 4435 - "A Bill to amend and reenact §11-11-2, §11-11-3, §11-11-7, §11-11-12, §11-11-17, §11-11-20, §11-11-38, §11-11-39 and §11-11-40 of the Code of West Virginia, 1931, as amended, all relating to estate tax; providing definitions; imposing tax; specifying treatment of nonprobate personal property; specifying inventory of nonprobate personal property be prepared; specifying penalty for failure to comply with provisions relating to nonprobate personal property; specifying treatment for changes in federal estate tax; specifying imposition of lien for unpaid tax; specifying liability of transferees and others; specifying divestment and reattachment of lien; specifying divestment, discharge and release of lien, specifying for certificate of discharge, release or nonattachment; specifying effect of certificate of discharge; providing for revocation of certification of release or nonattachment and notice thereof and effective date thereof; specifying certificates void under certain conditions; specifying liability of personal representative; specifying notice and payment pursuant to discharge of personal liability for federal estate taxes; specifying estates to which article applies; specifying when article remains in force and effect; specifying application of article to estates of decedents dying after June 30, 2010, pursuant to establishment or reestablishment by the government of the United States, of credit against federal estate tax for payment of state death taxes in the year 2010; specifying article effective and applicable to estates of all decedents dying after June 30, 2010"; to the Committee on the Judiciary then Finance.
By Delegates Shaver, M. Poling, Perry, Williams, Ennis, Beach, Lawrence, Romine, Pethtel, Paxton and Cann:

H. B. 4436 - "A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended, relating to providing discretion to use assessments and adopt instructional strategies and programs that promote student learning to schools that make AYP; requiring participation in certain required assessments; providing for approval of school curriculum team with concurrence of faculty senate for certain assessments strategies and programs"; to the Committee on Education.
By Delegates Spencer, Stephens, Hatfield and Caputo:

H. B. 4437 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to creating a license plate for West Virginia coal miners"; to the Committee on Roads and Transportation then Finance.
House Calendar

Third Reading

Com. Sub. for H. B. 2773
, Increasing the monetary penalties for selling tobacco products to minors; 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. 31), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Argento, Michael, Reynolds and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2773) 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. 4128, Relating to insurance companies deemed to be in hazardous financial condition; 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. 32), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: McGeehan, J. Miller, Porter, Romine and Shott.
Absent And Not Voting: Argento, Michael, Reynolds and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4128) 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. 4134, Removing non-utilized code sections; 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. 33), 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: Argento, Michael, Reynolds and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for 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. 4194, Codifying the Division of Criminal Justice Services being incorporated into the Department of Military Affairs and Public Safety; 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. 34), 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: Argento, Michael, Reynolds and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4194) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 35), 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: Argento, Michael, Reynolds and Schoen.
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. 4194) 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. 4247, Providing counties the discretion to accompany an electronic poll book with a printed poll book; 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. 36), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Argento, Michael, Reynolds and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4247) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Michael, Reynolds and Schoen.
At 12:02 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 11, 2010.

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