Friday, September 9, 2005



The House of Delegates met at 9:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The roll being called, (Roll No. 805), and 87 members having answered to their names, the Speaker declared the presence of a quorum.
The Clerk proceeded to read the Journal of Thursday, September 8, 2005, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Petitions

Delegates Moore, Marshall, H. White, Staton and Browning presented a petition, signed by one thousand five hundred public employees, requesting that the pay raise for public employees equal that of any pay raise for teachers and urging the repeal of 80-20 legislation concerning PEIA premiums; which was referred to the Committee on the Finance.
House Calendar

Third Reading

H. B. 403, Providing for a technical correction relating to benefits of spouses and children of state troopers who die in the line of duty; 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. 806), and there were--yeas 88, nays none, absent and not voting 12, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Caputo, Craig, DeLong, Doyle, Ferrell, Fragale, Frich, Hartman, Hunt, Long and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 403) passed.
On motion of Delegate Staton, the title of the bill was amended to read as follows:
H. B. 403 -- "A Bill to amend and reenact §15-2A-12 of the Code of West Virginia, 1931, as amended, relating to benefits to dependents of a state trooper who dies in performance of duties or dies after retirement due to service-related disability."
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 807), and there were--yeas 88, nays none, absent and not voting 12, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Caputo, Craig, DeLong, Doyle, Ferrell, Fragale, Frich, Hartman, Hunt, Long and Morgan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 403) 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. 406, Providing that the fourth Thursday and Friday of November are "Thanksgiving Holidays", and combining Lincoln's Birthday and Washington's Birthday into a single holiday known as Presidents' Day to match the federal holiday; 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. 808), and there were--yeas 65, nays 25, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Anderson, Ashley, Azinger, Blair, Border, Eldridge, Ellem, Evans, Hall, Houston, Lane, Leggett, Overington, Porter, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Trump, Wakim and Walters.
Absent And Not Voting: Brown, Caputo, DeLong, Ferrell, Fragale, Frich, Hartman, Hunt, Long and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 406) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 809), and there were--yeas 75, nays 15, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Anderson, Azinger, Border, Ellem, Evans, Hall, Leggett, Overington, Romine, Schoen, Sobonya, Sumner, Trump, Wakim and Walters.
Absent And Not Voting: Brown, Caputo, DeLong, Ferrell, Fragale, Frich, Hartman, Hunt, Long and Morgan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 406) 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.
Second Reading

H. B. 404, Allowing excess levy elections at primary elections and removing language which conflicts with article X, section 11 of the West Virginia Constitution; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day, retaining its place on the calendar.
H. B. 405, Changing West Virginia's Unemployment Compensation law to conform it to federally mandated legislation; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
S. B. 4002, Allowing additional elections at primary elections; removing certain language; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Staton, the bill was amended on page four, line eight, following the word "apply", by changing the colon to a period and striking out the remainder of the bill.
There being no further amendments, the bill was then ordered to third reading.
Delegate Staton moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 810), and there were--yeas 77, nays 14, absent and not voting 9, with the nays and absent and not voting being as follows:
Nays: Blair, Border, Carmichael, Ellem, Lane, Leggett, Overington, Porter, Roberts, Rowan, Schoen, Stevens, Sumner and Wakim.
Absent And Not Voting: Brown, Caputo, DeLong, Ferrell, Fragale, Frich, Hartman, Hunt and Long.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 811), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Caputo, DeLong, Ferrell, Fragale, Frich, Hartman, Hunt, Iaquinta and Long.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 4002) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 812), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Caputo, DeLong, Ferrell, Fragale, Hartman, Hunt and Long.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 4002) 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.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Hartman, Ferrell and Fragale.
Miscellaneous Business

Delegates Brown, Doyle, and Morgan announced that they were absent when the votes were taken on Roll Nos. 806 and 807, and that had they been present they would have voted "Yea" thereon.
Delegate Hunt noted to the Clerk that he was absent when the votes were taken on Roll Nos. 806 through 812, and that had he been present he would have voted "Yea" thereon.
Immediately prior to the adjournment of the session, Delegate Long approached the Clerk's Desk and informed the Clerk of his presence.
At 9:18 a.m., the House of Delegates adjourned until 8:30 a.m., Saturday, September 10, 2005.