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House Journal


Day 01 (01-11-2012)
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hdj2012-02-21-42


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Tuesday, February 21, 2012

FORTY-SECOND DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick 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 20, 2012, 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 applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.
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. 19, The "Staff Sergeant Raymond Armentrout Memorial Bridge",
     H. C. R. 32, Erecting signs at either end of Quite Dell, Harrison County, that reads "Home of Hershel Woodrow 'Woody' Williams: United States Congressional Medal of Honor Recipient",
     H. C. R. 59, Expressing support for improvement in the collection, processing and consumption of recyclable materials throughout the State,
     H. C. R. 72, The "Tim Belt Memorial Bridge",
     H. C. R. 78, The "Staff Sergeant Sidney H. Blankenship Memorial Bridge",
     And,
     S. C. R. 19, Requesting DOH name bridge in Wetzel County "Lt. Howard R. 'Bob' Crothers Memorial Bridge",
     And reports the same back with the recommendation that they each be adopted.
     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 68, Declaring the City of Beckley's Exhibition Coal Mine as the official State Coal Mine of West Virginia,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. C. R. 68 - "Declaring the City of Beckley's Exhibition Coal Mine as the official Exhibition Coal Mine of West Virginia,"
     With the recommendation that the committee substitute be adopted.
     Chairman Poore, from the House Committee on Enrolled Bills, submitted the following report, which was received:
     Your House Committee on Enrolled Bills has examined, found truly enrolled and, on the 20th day of February, 2012, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (H. B. 4107), Relating to volunteer firefighting training,
     And,
     (Com. Sub. for H. B. 4291), Relating to county law libraries established by the Supreme Court of Appeals.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4530, Authorizing the Public Service Commission to consider and issue a financing order to certain regulated electric utilities to permit the recovery of expanded net energy costs,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4530 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-4f, relating to authorizing the Public Service Commission of West Virginia to consider and authorize the recovery of certain expanded net energy costs by certain electric utilities through the issuance of consumer rate relief bonds, providing definitions, providing an application process for the authorization for recovery of costs, providing duties of a qualifying utility that may recover costs, default and successor provisions, taxation of consumer rate relief charges, and responsibility of Public Service Commission with respect to financing order,"
     With the recommendation that the committee substitute do pass.
     Chairman Poore, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 20th day of February, 2012, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. 209), Updating terms in Personal Income Tax Act,
      And,
     (S. B. 210), Updating terms in Corporation Net Income Tax Act.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4554, Accepting additional students for enrollment in early childhood education programs,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 4554) 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:
     S. B. 202, Permitting Division of Forestry to enter into stewardship contracts with U. S. Forest Service,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (S. B. 202) was 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:
     Com. Sub. for S. B. 379, Authorizing Board of Registered Professional Nurses designate certain treatment and recovery programs for licensees,
     And reports the same back with the recommendation that it 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. 4296, Authorizing licensing boards to require applicants to submit to criminal background checks,
     And,
     H. B. 4388
, Relating to the practice of speech-language pathology and audiology,
     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. 4296 and H. B. 4388) were each referred to the Committee on the Judiciary.
     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. 2740, Making covenants that restrict the installation or use of solar energy systems unenforceable,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2740 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-4-19, relating to making covenants and other restrictions that restrict the installation or use of solar energy systems unenforceable; defines terms; and provides exceptions thereto,"
     H. B. 4028, Authorizing the temporary suspension of certification of emergency medical service personnel or licensure of emergency medical service agencies without a hearing or prior notice if there is probable cause,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4028 - "A Bill to amend and reenact §16-4C-6 and §16-4C-9 of the Code of West Virginia, 1931, as amended, all relating to emergency medical services; authoring rule-making authority relating to temporary suspension of a certification or license; providing for the immediate temporary suspension of certification of emergency medical service personnel or licensure of emergency medical service in certain circumstances; and providing for a temporary emergency suspension hearing,"
     And,
     H. B. 4037, Relating to the professional and occupational licensure and registration of former and current members of the Armed Forces of the United States,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4037 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §30-1-6a and §30-1-6b, all relating to the professional and occupational licensure and registration of former and current members of the armed forces of the United States; providing legislative findings and declarations; requiring consideration and appropriate acceptance of military education, training and experience for qualification for professional licensure; providing rule-making authority for licensing or registration boards; providing exceptions; and requiring the extension of licenses and the waiver of certain requirements for licenses or registration of certain persons and accompanying spouses on active duty in the armed forces of the United States,"
     With the recommendation that the committee substitutes each do pass.
     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. 2741, Exempting the construction or addition of active solar energy systems from real and personal property taxation,
     H. B. 4016, Providing sources of revenue for the Supreme Court of Appeals Public Campaign Financing Fund,
     And,
     H. B. 4069, Relating to charitable raffles,
     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. 2741, H. B. 4016 and H. B. 4069) were each referred to the Committee on Finance.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 4463, Conveying property to a nonprofit,
     And,
     H. B. 4461, Permitting a municipality to issue a citation for violation of external sanitation and common nuisance violations,
     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 the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 4463 and H. B. 4461) were each referred to the Committee on the Judiciary.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 4372, Increasing the salary of public service district board members,
     And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 4372) was referred to the Committee on Finance.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 4567, Permitting the Harrison County Commission to levy a special district tax,
     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. 4567) was referred to the Committee on Finance.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 4630, Modifying the membership of the Braxton County Recreational Development Authority,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4630 - "A Bill to amend and reenact chapter 196 of the Acts of the Legislature, regular session, 1963, as last amended and reenacted by chapter 206 of the Acts of the Legislature, regular session, 1967, all relating to the Braxton County Recreational Development Authority; modifying the membership of the Braxton County Recreational Development Authority; transferring certain authority from the Braxton County Board of Education to the Braxton County Commission; and requiring the approval of the Braxton County Commission and the Braxton County Board of Education on land transactions conducted by the authority,"
     With the recommendation that the committee substitute do pass.
     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. 4581, Making grants from state and other funds to provide civil legal services to low income persons,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 4581) was referred to the Committee on Finance.
Messages from the Executive

     Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on February 20, 2012, he approved S. B. 469.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     S. B. 204
- "A Bill to amend and reenact §17C-13-5 of the Code of West Virginia, 1931, as amended, relating to the removal of vehicles from state highways in order to restore traffic movement in emergency situations; and liability"; 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. 205
- "A Bill to amend and reenact §17C-3-4b of the Code of West Virginia, 1931, as amended, relating to signage for construction zones; and other traffic restrictions"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
     Com. Sub. for S. B. 343 - "A Bill to amend and reenact §8-15-8a of the Code of West Virginia, 1931, as amended, relating to the eligibility of volunteer or part-volunteer fire companies or departments to allocation from Municipal Pensions and Protection Fund and the Fire Protection Fund; providing a three-month grace period for volunteer fire companies or departments to comply with submission of data; requiring the State Fire Marshal to notify these volunteer fire companies or departments of the dates and grace period; and providing a three-month exemption to volunteer fire companies or departments whose records were destroyed from requirements to submit data."
     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. 457 - "A Bill to repeal §18B-16-7, §18B-16-8 and §18B-16-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-16-1, §18B-16-2, §18B- 16-3, §18B-16-4, §18B-16-5 and §18B-16-6 of said code, all relating to continuing the Rural Health Initiative; setting forth legislative findings, purpose and definitions; discontinuing the Rural Health Advisory Committee and assigning certain of its duties to the Vice Chancellor for Health Sciences; deleting the requirement for creation of primary health care education sites; clarifying certain funding mechanisms and audit and reporting requirements; strengthening accountability measures; updating names; making technical corrections; and deleting obsolete language"; which was referred to the Committee on Health and Human Resources then Education.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 510 - "A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to amending canvass and recount procedures by reducing the number of precincts required to be randomly selected for canvass or recount"; 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. 518 - "A Bill to amend and reenact §6-5-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §6-6-1 and §6-6-9 of said code; to amend and reenact §61- 5-4 and §61-5-5 of said code; and to amend and reenact §61-5A-9 of said code, all relating to matters affecting the right to hold office; prohibiting certain persons from being elected or appointed to positions under the laws of the State of West Virginia; requiring certain persons to vacate office upon conviction of certain crimes; defining terms; removing superfluous language; and making technical edits"; 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. 540
- "A Bill to amend and reenact §8A-4-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8A-5-12 of said code, all relating to subdivisions; extending the approval term of certain uses and permits associated with a subdivision plan or plat; and extending the vesting period for a subdivision or land development plan or plat"; which was referred to the Committee on Political Subdivisions then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
     S. B. 554 - "A Bill to amend and reenact §3-6-5 of the Code of West Virginia, 1931, as amended, relating to elections and write-in candidates; and requiring a mark to indicate a write-in vote when electronic voting systems are used"; which was referred to the Committee on the Judiciary.
Resolutions Introduced

     Delegate Ashley offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 79 - "Requesting that bridge number 44-33-6.65 on U.S. 33 in Roane County, West Virginia, be named the 'Jack D. Miller Memorial Bridge'."
     Whereas, Jack. D. Miller was born on January 12, 1925, the third of four children born to Robert and Pearl Miller; and
     Whereas, Jack Miller's father, Robert Miller, served as a County Commissioner of Roane County for several years and was the son of one of Roane County's first settlers, Mr. Samuel Miller; and
     Whereas, Jack D. Miller spent many of his boyhood years at a residence on the farm adjacent to the bridge for which this request seeks to have named in his honor; and
     Whereas, Jack D. Miller attended Spencer High School then, afterwards, joined the United States Army; and
     Whereas, While serving in the United States Army, Mr. Miller was stationed in Europe with the Fifth Armored Division, fighting in the Battle of the Bulge and many other campaigns; and
     Whereas, While serving in Germany, Jack Miller took cover from enemy fire in a water- soaked trench in sub-zero temperatures resulting in a disabling condition of frostbite to his feet, a condition known as trench foot, rendering him unable to march and, consequently, he hid in a stack of turnips to avoid capture and, eventually, was rescued by a Red Cross ambulance; and
     Whereas, After recovery in a hospital in Germany, Jack Miller returned stateside and married Alice Ann Conley of Zona, Roane County, West Virginia; and
     Whereas, Following some much needed rest and relaxation at the Biltmore in Ashville, North Carolina, Mr. Miller served as a prison guard and post exchange ("PX") manager in White Sulphur Springs, West Virginia; and
     Whereas, Jack D. Miller was honorably discharged as a private first class in 1945; and
     Whereas, Following his honorable discharge, Mr. Jack Miller returned to Spencer until 1952 when he became an employee of United Fuel Gas Company, now Columbia Gas Company; and
     Whereas, Jack Miller retired in 1980, after twenty-eight years of service to his employer, returning to his beloved Roane County home until the time of his passing in October, 2006, a home in which Mr. Miller's wife, Alice, continues to reside and actively serve the community; and
     Whereas, Mr. Miller was an honorable man, serving his country, his community and his family and it is fitting that a bridge in the beloved county of his upbringing and his retirement be named in his honor; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 44-33-6.65 on U.S.33 in Roane County, West Virginia, the "Jack D. Miller Memorial Bridge"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "Jack D. Miller Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways; to Mr. Miller's wife, Alice Miller, on Vandale Fork in Roane County; and, to Mr. Miller's son in Huntington, West Virginia.
     Delegate Howell offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 80 - "Requesting the Joint Committee on Government and Finance study the need for legislation to recoup law-enforcement investigative costs from convicted criminals."
     Whereas, The Legislature of the State of Florida enacted a law in 1987, Florida statute 938.27, previously 939.01, entitled "Judgment for Costs on Conviction," which permits courts to impose upon convicted criminals the investigative costs incurred by law- enforcement agencies in their prosecution; and
     Whereas, The effect of Florida's "Judgment for Costs on Conviction" statute has been to lessen the tax payer burden by shifting the financial burden of investigative expenses onto the criminals, in addition to any other fines or court costs that may otherwise be imposed; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study the need for legislation to recoup law- enforcement investigative costs from convicted criminals; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2013, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Special Calendar

Unfinished Business

     The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
     S. C. R. 17, Requesting DOH name bridge in Boone County "Fred York Memorial Bridge",
     S. C. R. 23, Requesting DOH name bridge in Boone County "Sgt. Ollie McComas, Jr., Memorial Bridge",
Com. Sub. for H. C. R. 30, Requesting a sign honoring Anna Wallace be placed at the intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point,
     H. C. R. 51, The "Robert Earchil Adams Memorial Bridge",
     H. C. R. 63, The "Dewayne Phillip Morgan Memorial Bridge",
     And,
     H. C. R. 73, Honoring the members of the 78th Infantry Division and Proclaiming April 4, 2012 as 78th Lighting Division Day.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.
Third Reading

     S. B. 30, Providing additional means to notify DMV of purchase of junked vehicle; 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. 84), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Fragale, Frazier, Givens, Mahan and Manchin.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 30) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for H. B. 4053, Relating to abduction, kidnapping and human trafficking; 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. 85), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Fragale, Frazier, Givens, Mahan and Manchin.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4053) 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. 4070, Changing the basis for paying the county salary supplement equivalent pay rate for division of rehabilitation teachers; 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. 86), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Fragale, Frazier, Givens, Mahan and Manchin.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4070) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 4088, Repealing the West Virginia telecommunications tax; 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. 87), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Fragale, Frazier, Givens, Mahan and Manchin.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4088) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 88), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Fragale, Frazier, Givens, Mahan and Manchin.
     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. 4088) takes effect from 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. 4398, Declaring certain claims against the state and its agencies to be moral obligations 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. 89), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Fragale, Frazier, Givens, Mahan and Manchin.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4398) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 90), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Gearheart.
     Absent and Not Voting: Fragale, Frazier, Givens, Mahan and Manchin.
     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. 4398) takes effect from 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. 4493, Establishing special memorial days for certain military veterans; 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. 91), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Fragale, Frazier, Givens, Mahan and Manchin.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4493) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
     H. B. 4126, Authorizing legislative rules for the Higher Education Policy Commission and Council for Community and Technical College Education,
     Com. Sub. for H. B. 4139, Authorizing miscellaneous agencies and boards to promulgate legislative rules,
     And,
     Com. Sub. for H. B. 4220, Authorizing the bureau of commerce to promulgate legislative rules.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for H. B. 2657, West Virginia Religious Freedom Restoration Act,
     Com. Sub. for H. B. 4020, Recognizing outstanding students who are top scorers on certain statewide tests,
     Com. Sub. for H. B. 4049, Requiring the Department of Environmental Protection to maintain an Office of Internal Auditing,
     Com. Sub. for H. B. 4260, Relating to insurance coverage for autism spectrum disorders ,
     Com. Sub. for H. B. 4327, Requiring pulse oximetry testing for newborns,
     And,
     Com. Sub. for H. B. 4451
, Ensuring that county executive committees have control of designating the persons who serve as ballot commissioner.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Fragale, Frazier, Givens, Mahan and Manchin.
Remarks by Members

     Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Carmichael regarding Century Aluminum retirees be printed in the Appendix to the Journal.
     At 12:09 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 22, 2012.

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