__________*__________
Monday, March 14, 2005
The House of Delegates met at 1:00 p.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 Clerk proceeded to read the Journal of Friday, March 11, 2005, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. C. R. 19, Requesting the Joint Committee on Government and Finance study the possible
expansion of in-home family education programs (Early Parent Education),
And reports the same back with the recommendation that it be adopted.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 153, Relating generally to ethical standards of public officers and employees,
And reports the same back, with a title amendment, by unanimous vote of the Committee,
with the recommendation that it do pass, as amended.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (S. B. 153) will be placed on the Consent Calendar.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed
with him for the removal of S. B. 153 from the Consent Calendar to the House Calendar, by Delegate
Amores.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2495, Repeal the requirement that jails be inspected by appointees of the Circuit
Courts.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2592, Relating to the design-build procurement act.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page eight, section three, line nine, after the word "rules", by inserting a comma and the words "pursuant to section six of this article, and".
On page nine, section three, lines twenty-one and twenty-two, by striking out the words "As
of the termination date of the board established pursuant to section four of this article" and the
comma, and inserting in lieu thereof the words "When the Design-Build Board, established pursuant
to section four of this article, is terminated pursuant to the acts of the Legislature" followed by a
comma.
On page ten, section four, line eleven, after the word "members", by striking out the period
and the words "A member" and inserting in lieu thereof a comma and the word "but".
On page ten, section four, lines twenty-five through twenty-seven, by striking out the
following: "Members shall be appointed for three-year terms, which are staggered in accordance with
the initial appointments under prior enactment of this section."
On page ten, section four, line twenty-eight, after the word "years" and the comma, by
inserting the words "staggered in accordance with the initial appointments under prior enactment of
this section"and a comma.
On page fourteen, section five, line forty-three, by striking out the word "Legislature" and
inserting in lieu thereof the words "Joint Committee on Government and Finance".
On page eighteen, section eight, lines six and seven, by striking out the words "The
performance criteria developer may not be an employee of the agency."
On page eighteen, section eight, after line eleven, by inserting a new subsection, designated
subsection (b), to read as follows:
"(b)
The agency may use its own employees to determine whether the agency should seek
to construct a project using the design-build method of construction. The agency may use an employee as its performance criteria developer on projects for which construction costs are estimated
to be one million dollars or less."
On page nineteen, section eight, line twelve, by striking out "(b)" and inserting in lieu thereof
"(c)".
On page nineteen, section eight, line twenty-two, by striking out "(c)" and inserting in lieu
thereof "(d)".
On page twenty, section eight, by striking out all of subsections (d) and (e).
On page twenty-two, section ten, line twelve, after the words "article, the" by inserting the
word "legislative".
On page twenty-two, section ten, line thirteen, after the words "pursuant to" by inserting the
words "section six of".
On page twenty-eight, section twelve, line thirty-one, after the word "rules" by inserting the
words "promulgated pursuant to section six of this article".
On page twenty-eight, section fifteen, line one, after the word "exist" by striking out the
comma and the words "pursuant to the provisions of article ten, chapter four of this code" and the
comma.
On page twenty-nine, section fifteen, line five, by striking out the words "that article" and
inserting in lieu thereof the words "article ten, chapter four of this code".
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2592-"A Bill to amend and reenact §5-22A-2, §5-22A-3, §5-22A-4,
§5-22A-5, §5-22A-6, §5-22A-7, §5-22A-8, §5-22A-10, §5-22A-11, §5-22A-12 and §5-22A-15 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new
section, designated §5-22A-9a, all relating to the Design-Build Procurement Act; definitions;
authorizing reimbursement of expenses for Design-Build Board members; clarifying the duties of
the Board; modifying requirements for approval of design-build projects; clarifying that authority
to enter into design-build contracts terminates when Board terminates; requiring monthly progress
reports on design-build projects; requiring annual reports; revising rule-making authority and
requirements; specifying requirements for performance criteria developers; establishing requirements
for issuing invitations for qualifications and proposals; providing for selection of qualified design-
builders; revising proposal requirements; revising submission requirements; and changing the
continuation date for the Board."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendments
with an amendment, as follows:
On page twenty-eight, section fifteen, lines one and two, after the word "exist", by reinserting
the words "pursuant to the provisions of article ten, chapter four of this code" and a comma.
And,
On page twenty-nine, section fifteen, line five, by reinserting the word "that" and after the
word "code" by inserting the words "or other act of the Legislature."
The bill, as amended by the Senate and as further amended by the House, was then put upon
its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 117), and there were--yeas
93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Carmichael, Hunt and Thompson, Rick.
Absent And Not Voting: Anderson, Ferrell, Hartman and Leach.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2592) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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. 222 - "A Bill to amend and reenact §5B-2B-3 of the Code of West Virginia, 1931, as
amended, relating to the membership of the West Virginia Workforce Investment Council"; to the
Committee on Industry and Labor, Economic Development and Small Business then Government
Organization.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Stemple, Amores, Anderson, Argento, Armstead,
Ashley, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Campbell,
Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem,
Ennis, Evans, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard,
Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Leggett, Long, Longstreth, Louisos, Mahan,
Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue,
Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Schoen,
Sobonya, Spencer, Stalnaker, Staton, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb,
Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wakim, Walters, Webster, Wells, Gil White, H. K. White, Williams, Wysong and Yost offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 46 - "Recognizing and acknowledging Vietnam Veterans Recognition Week, to be
held in homage of the honorable and dedicated veterans who served during the Vietnam War."
Whereas, There are approximately 3.4 million veterans of the Vietnam War in this country;
and
Whereas, 8,744,000 military personnel from this country served in active duty in the
Vietnam War; and
Whereas, 58,299 American military personnel lost their lives from Vietnam related duty;
and
Whereas, The men and women who served during the Vietnam War, though suffering great
personal sacrifice, and in some instances, being reviled by some of their own fellow citizens, did so
with intense and unquestioned honor and dedication to this Country; and
Whereas, May 1st through May 7th is slated as "Vietnam Veterans Recognition Week," a
time to pay particular homage to these veterans who served selflessly and courageously, but who,
at the time of their service, did not receive the recognition they so greatly deserved; therefore, be it
Resolved by the Legislature of West Virginia;
That recognition and acknowledgment is hereby expressed by the members to our Vietnam
Veterans who will receive national recognition during the upcoming Vietnam Veterans Recognition
Week of May 1st through May 7th for their great valor and dedication as well as the honor they have
bestowed upon this country; and, be it
Further Resolved, That the Clerk is hereby requested to forward a copy of this Resolution to The West Virginia Veteran, the official publication of West Virginia Veterans of Foreign Wars.
Delegates Craig, Amores, Browning, Campbell, Cann, Caputo, Crosier, Ellem, Howard,
Iaquinta, Kominar, Longstreth, Manchin, Michael, Miley, Morgan, Pethtel, Poling, Sobonya,
Stalnaker, Stephens, Talbott, Ron Thompson, Trump and Varner offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. R. 25 - "Encouraging the 109th Congress to enact multiemission legislation that will
provide reduction targets for nitrogen oxide, sulfur dioxide and mercury at reasonable and
appropriate levels and over periods of time that will provide certainty, stability and maximum
flexibility to electric power generators in meeting their air quality targets while maintaining electric
power reliability, availibility and affordability."
Whereas, The State of West Virginia, its citizens and its industries have a shared interest
in improving air quality; and
Whereas, The quality of life in the State depends on a reliable supply of electric power; and
Whereas, The State's electric power generators must comply with multiple and sometimes
overlapping air quality requirements, the interpretation of which is often decided in courts of law;
and
Whereas, The time necessary for emission reduction-related litigation often reduces the time
available for the installation of emission-reduction technologies and increases the costs of
compliance which eventually are passed on to consumers of electric power; and
Whereas, Congress has an opportunity in the form of S. 131, the Clear Skies Act of 2005,
to adopt a federal, integrated strategy that establishes aggressive but reasonable time frames and
reduction targets for the nation's three highest priority electric power plant emissions: nitrogen oxide, sulfur dioxide and mercury; and
Whereas, Such a multiemission strategy will minimize interstate regulatory compliance
conflicts, lessen the need for costly, time-consuming litigation, allow for the design and deployment
of more cost-effective technologies, and continue the nation's progress for reducing potentially
harmful emissions in as cost-effective manner as possible without negatively impacting the reliability
of the nation's power supplies; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby encourages the 109th Congress to enact multiemission
legislation that will provide reduction targets for nitrogen oxide, sulfur dioxide and mercury at
reasonable and appropriate levels and over periods of time that will provide certainty, stability and
maximum flexibility to electric power generators in meeting their air quality targets while
maintaining electric power reliability, availability and affordability; and, be it
Further Resolved, That the Clerk of the House of Delegates is herby directed to forward a
copy of this resolution to Senator Robert C. Byrd, Senator Jay Rockefeller, Congressman Alan
Mollohan, Congresswoman Shelley Moore Capito, Congressman Nick Joe Rahall and Governor Joe
Manchin.
Mr. Speaker, Mr. Kiss, and Delegates Stalnaker, Amores, Anderson, Argento, Armstead,
Ashley, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Campbell,
Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem,
Ennis, Evans, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard,
Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Leggett, Long, Longstreth, Louisos, Mahan,
Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Schoen,
Sobonya, Spencer, Staton, Stemple, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb,
Talbott, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wakim, Walters,
Webster, Wells, Gil White, H. K. White, Williams, Wysong and Yost offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. R. 26 - "Designating Thursday, March 17, 2005, as West Virginia History Day at the
House of Delegates and recognizing the work of all those history heroes and the many willing
workers in hundreds of organizations throughout the State who volunteer hundreds of thousands of
hours to help educate the public about the Mountain State's unique heritage and who help to preserve
the past for future generations."
Whereas, The efforts of the West Virginia Archives and History Commission, the Friends
of the West Virginia Culture and History, the Preservation Alliance of West Virginia, the West
Virginia Historical Society, the West Virginia Historical Association, the West Virginia Association
of Museums, the West Virginia Humanities Council and the West Virginia Mining Your History
Foundation benefit from the unselfish efforts of the many volunteers and unselfish people who
support the effort to preserve the State's history; and
Whereas, The State of West Virginia has a rich and varied history providing a wellspring
of pride in the accomplishments of its people and a springboard for future generations of
mountaineers; and
Whereas, All West Virginian's are deeply indebted to those selfless individuals who support
West Virginia's rich and varied State and local history with their research, interpretations,
publications or preservation efforts; therefore, be it
Resolved by the House of Delegates:
That Thursday, March 17, 2005, is hereby declared as West Virginia History Day at the
House of Delegates; and, be it
Further Resolved, That the House of Delegates hereby recognizes all of the people and
organizations throughout the State who work to promote our culture, educate our children and
preserve the character of our past to the benefit of all West Virginians.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegate Trump:
H. B. 3008 - "A Bill to amend and reenact §38-14-4 and §38-14-5 of the Code of West
Virginia, 1931, as amended, all relating to the self-service storage lien act; providing for an increase
in late fees; shortening the time to be considered in default; adding sale by private auction as well
as public auction; and shortening the time that personal property may be sold at a public or private
auction"; to the Committee on the Judiciary.
By Delegates Beane and Ennis:
H. B. 3009 - "A Bill to amend and reenact §29-21-16 of the Code of West Virginia, 1931,
as amended, relating to requiring circuit judges to require repayment of the costs of representation
provided by the public defender system under certain circumstances"; to the Committee on the
Judiciary.
By Delegate Pino:
H. B. 3010 - "A Bill to amend and reenact §25-1-11a of the Code of West Virginia, 1931, as amended, relating to providing that the Commissioner of Corrections may authorize wardens or
administrators to establish imprest funds for the purpose of transporting inmates to needed
destinations"; to the Committee on the Judiciary.
By Delegate Rowan:
H. B. 3011 - "A Bill to amend and reenact §61-2-1 of the Code of West Virginia, 1931, as
amended, relating to defining "the deceased" for purposes of prescribing that a deceased victim
includes an unborn child under first and second degree murder"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Michael, Kominar, H. White and Palumbo:
H. B. 3012 - "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as
amended, relating to exempting property acquired by lease purchase agreement by the state, a county,
district, city, village, town or other political subdivision, state college or university, from property
tax"; to the Committee on the Judiciary then Finance.
By Delegates Amores and Trump:
H. B. 3013 - "A Bill to amend and reenact §8-5-7 of the Code of West Virginia, 1931, as
amended, relating to residency and other requirements for certain municipal officers; and removing
requirement that the mayor, recorder and councilmen must have been assessed with and paid real or
personal property taxes in order to hold office"; to the Committee on Political Subdivisions then the
Judiciary.
By Delegates H. White, Hrutkay, G. White, Ron Thompson, Webster, Cann and
Hamilton:
H. B. 3014 - "A Bill to amend and reenact §33-15-2g of the Code of West Virginia, 1931,
as amended; and to amend the code by adding thereto a new section, designated §33-16-1b, all relating to required coverage for specific conditions or treatments in individual and group accident
and sickness policies of insurance; and providing limitations on applicability of these requirements";
to the Committee on Banking and Insurance then the Judiciary.
By Delegates Boggs, Long, Trump, Hatfield, Staton, Butcher, Browning and Ashley:
H. B. 3015 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to creating a new organ donor license plate"; to the Committee on Roads and
Transportation then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates G. White, Beach, Beane, Ennis, Varner, H.
White, Browning, Staton, Mahan and Stalnaker:
H. B. 3016 - "A Bill to amend and reenact §30-40-5 of the Code of West Virginia, 1931, as
amended, relating to excepting the making of appointments by secretaries of licensed real estate
brokers and salespersons with buyers and sellers or potential buyers and sellers of real estate from
the scope of practice of real estate brokerage subject to licensing"; to the Committee on the Judiciary.
By Delegates Ron Thompson, Swartzmiller, Boggs, Mahan and Crosier:
H. B. 3017 - "A Bill to amend and reenact §11-15-9g of the Code of West Virginia, 1931,
as amended, relating to the consumers sales and service tax generally; and creating an exemption for
purchases of back-to-school clothing and school supplies by consumers during three-day period in
August, two thousand five"; to the Committee on Finance.
By Delegates Williams, Stemple, Beach, Poling, Stevens, Perry and Campbell:
H. B. 3018 - "A Bill to amend and reenact §15-1B-24 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §18-2-6 of said code, all relating to designation of
Mountaineer Challenge Academy as special alternative education program; providing for state board rule and minimum provisions; application limited to academy consent; making additional findings
and stating intent; making applicable references; and updating terms"; to the Committee on
Education then Finance.
By Delegates Beach, Perry, Argento, Stemple, Crosier, Michael, Staton, Mahan, Ron
Thompson and Browning:
H. B. 3019 - "A Bill to amend and reenact §18-2D-1 of the Code of West Virginia, 1931,
as amended, relating to recognizing the Appalachian Education Initiative promoting the role of art
education in the public schools"; to the Committee on Education then Finance.
By Delegates Stalnaker, Poling, Hamilton, G. White, Proudfoot and Hartman:
H. B. 3020 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-4-5b, relating to private campus police officers at private
institutions of higher education in this state; and providing for the appointment, qualifications,
authority and removal of private campus police officers"; to the Committee on Education then the
Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Beane, Ennis, Walters, G. White and Butcher:
H. B. 3021 - "A Bill to amend and reenact §30-37-7, §30-37-8, §30-37-9, §30-37-10 and
§30-37-11 of the Code of West Virginia, 1931, as amended, all relating to amending licensure
procedures for massage therapists; providing procedures for renewal and reinstatement of licenses;
providing penalties; providing that disciplinary sanctions may be imposed in order to enforce the
provisions regulating massage therapists; including certain prohibited acts while engaged as a
massage therapist; providing a hearing process when licenses are suspended, revoked or not
renewed; and raising the criminal fine from five hundred dollars to five thousand dollars"; to the Committee on Government Organization.
By Delegates Blair, Trump, Duke, Roberts, Wysong, Overington, Tabb, Doyle, Amores,
Craig and Armstead:
H. B. 3022 - "A Bill to amend and reenact §20-7-25 of the Code of West Virginia, 1931, as
amended, relating to establishing a volunteer litter reporting program"; to the Committee on
Agriculture and Natural Resources then the Judiciary.
By Delegates Michael, Argento, Beach, DeLong, Ennis, Perry, Pethtel, Stemple,
Swartzmiller, Varner and Yost:
H. B. 3023 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-7-6e, relating to assessments and collections of assessment on
all breeding age sheep and all breeding age goats; allocation of assessment proceeds; duties of county
assessors and Commissioner of Agriculture; creation of special revenue funds; and purposes for
which proceeds to be expended"; to the Committee on Agriculture and Natural Resources then
Finance.
By Delegate H. White:
H. B. 3024 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated as §24F-1-7, relating to prohibiting political subdivisions from
selling memorials, monuments or markers except those for which a regulatory agency has established
a price therefor"; to the Committee on Political Subdivisions then the Judiciary.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 2813, Relating to requirements for certificate of public convenience and necessity,
H. B. 2869, Relating to permit the conversion of a domestic corporation to a domestic limited
liability company,
And,
H. B. 2958, Continuing the Public Employees Insurance Agency Finance Board.
Delegate Armstead requested to be excused from voting on the passage of H. B. 2813 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
or pecuniary interest therein.
This ruling will stand as the judgement of the Chair and of the House, pursuant to the
inherent right to make, interpret and enforce our rules of procedure as established by our sovereign,
non-reviewable Constitutional authority, and shall be binding in all other potential venues.
On the passage of the bills, the yeas and nays were taken (Roll No. 118), 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: Ferrell and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (H. B. 2813, H. B. 2869 and H. B. 2958) passed.
Delegate Staton moved that H. B. 2813 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 122), 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: Ferrell and Leach.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2813) takes effect from its passage.
Delegate Staton moved that H. B. 2958 take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 123), 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: Ferrell and Leach.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2958) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills and request concurrence therein.
Special Calendar
Unfinished Business
H. C. R. 5, Naming the bridge on Cleveland Avenue in Buckhannon, West Virginia, the
"William S. O' Brien Memorial Bridge"; coming up in regular order, as unfinished business, was
reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 14, Requesting the Division of Highways to name the bridge spanning the Gauley
River on Route 39 near Summersville, Nicholas County, the "Brock's Bridge"; coming up in regular
order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 21, Requesting the Department of Education to create a position in the Department
to coordinate, oversee and advocate for public school libraries; coming up in regular order, as
unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 36, Requesting the Division of Highways to name the bridge at McCauley in Hardy
County, West Virginia, the "John and Freda Rudy Memorial Bridge"; coming up in regular order,
as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. C. R. 40, Naming the new bridge spanning the Elk River in Clendenin, West Virginia,
the "Hardman Brothers Bridge"; coming up in regular order, as unfinished business, was reported
by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
Com. Sub. for H. B. 2227, Prescribing minimum standards for municipal judges and
requiring criminal background checks of persons applying for municipal judgeships; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 124),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Ferrell and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2227) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
S. B. 146
, Establishing Unborn Victims of Violence Act,
And,
H. B. 2814, Relating to financially-related activities of State-charted Banking Institutions.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell and Leach.
Delegate Spencer announced that she had been absent when the vote was taken on Roll Nos.
110 through 116, and that had she been present she would have voted "Yea" thereon.
At 1:50 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 11:00
a.m., Tuesday, March 15, 2005.