hdj2007-2-27-49

_________*__________

Tuesday, February 27, 2007

FORTY-NINTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 26, 2007, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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. 2, Designating Megalonyx Jeffersonnii as the official state fossil,
H. C. R. 21, Designating the Mighty Wurlitzer Theater Pipe Organ, located in Huntington, as the official theater pipe organ of West Virginia,
H. C. R. 39, Expressing the concern of the Legislature that the purchase of West Virginia Alloys Hawks Nest Hydro-Electric facility by Brookfield Power may adversely affect the economy of the State,
H. C. R. 47, Requesting the Division of Highways to name a portion of Route 16 the "Lucille Smallwood Meadows Highway",
And reports the same back with the recommendation that they each be adopted.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 594, Making supplemental appropriation to various accounts.
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 204, Assessing cost of petit juries in magistrate court,
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 (S. B. 204) was referred to the Committee on Finance.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 206, Assessing court costs for participants in pretrial diversion programs,
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 (S. B. 206) to the Committee on Finance was abrogated.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 436, Selecting executive secretary for county commission on crime, delinquency and corrections,
And,
S. B. 531, Relating to filing service of process on corporations in class action suits,
And reports the same back with the recommendation that they each do pass.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented Executive Message No. 2, setting forth a list of annual reports which have been received in the Office of the Governor, as required by law.
February 26, 2007
EXECUTIVE MESSAGE NO. 2
The Honorable Richard Thompson
West Virginia House of Delegates
State Capitol
Charleston, West Virginia 25305
Dear Mr. Speaker:
Pursuant to the provisions of § 5-1-20 of the Code of West Virginia, I hereby certify that the following 2002-2003 annual reports have been received in the Office of the Governor:
1.

Acupuncture Examiners, West Virginia Board of

Access WV (West Virginia Health Insurance Plan), Office of the State Insurance Commissioner, West Virginia Department of Revenue

3.Accountancy, West Virginia Board of
4. Aeronautics Commission, West Virginia Department of Transportation
5.Architects, West Virginia Board of
6.Attorney General, Office of the
7.Banking, Division of, West Virginia Department Revenue

8.Barbers and Cosmetologists, Board of, West Virginia Department of Health and Human Resources

9.Cancer Registry, West Virginia Department of Health and Human Resources
10.Children's Health Insurance Program (CHIP), West Virginia Department of Administration
11.Chiropractic, West Virginia Board of
12.

Crime, Delinquency and Correction, Governor's Committee on

13.Coal Mine Health and Safety, Board of, and Coal Mine Safety Technical Review Committee, Office of Miners' Health, Safety and Training, West Virginia Bureau of Commerce
14.

Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee, West Virginia Public Service Commission

15.

Community Corrections Subcommittee, Governor's Committee on Crime, Delinquency and

Correction
16.Community Well-Being, west Virginia Partnership to Promote
17.Consumer Advocate, Office of the, Insurance Commission, West Virginia Department of
Revenue
18.Consumer Advocate Division, West Virginia Public Service Commission
19.Consumer Protection and Antitrust Divisions, West Virginia Attorney General's Office
20.Corrections, Division of, West Virginia Department of Military Affairs and Public Safety
21.Counseling, Wes t Virginia Board of Examiners in
22.Court System, West Virginia Supreme Court of Appeals

23.Deaf and Hard of Hearing, Commission for the, West Virginia Department of Health and Human Resources

24.

Death, Disability and Retirement Fund (Plan A) and State Police Retirement System (Plan B), Consolidated Public Retirement Board, West Virginia Department of Administration

25.Dental Examiners, West Virginia Board of
26.

Disaster Recovery Board, Division of Homeland Security and Emergency Management, West Virginia Department of Military Affairs and Public Safety

27.Economic Development Authority, West Virginia
28.Employee Suggestion Board, West Virginia Legislature
29.Equal Employment Opportunity Office, West Virginia
30.

Examiners of Psychologists, West Virginia Board of

31.

Family Protection Services Board, West Virginia Department of Health and Human Resources

32.Fire Commission, West Virginia State
33.Foresters, State Board of Registration for
34.Funeral Service Examiners, West Virginia Board of
35.Human Rights Commission, West Virginia
36.Insurance Commission, West Virginia

37.Juvenile Services, Division of, West Virginia Department of Military Affairs and Public Safety

38.Labor, Division of, West Virginia Bureau of Commerce
39.

Law Enforcement Training Subcommittee, Governor's Committee on Crime, Delinquency and Correction, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety

40.Library Commission, West Virginia
41.Licensed Practical Nurses, West Virginia State Board of Examiners for (Biennium Report)
42.

Logging Sediment Control Act, Division of Forestry, West Virginia Department of Commerce

43.

Long Term Care, Office of Health Facility Licensure and Certification, Department of Health and Human Resources

44.

Medicine, West Virginia Board of, Volumes I and II

45.Massage Therapy, West Virginia Licensure Board of

46.Mine Inspectors Examining Board, Office of Miners' Health, Safety and Training, West Virginia Department of Commerce

47.

Miners' Health, Safety and Training, Office of, West Virginia Department of Commerce

48.Motor Vehicles, Division of, West Virginia Department of Transportation
49.

Motorsports Council, West Virginia

50.Municipal Bond Commission, West Virginia
51.Natural Resources, Division of, West Virginia Department of Commerce

52.Neighborhood Investment Program, Development Office, West Virginia Department of Commerce

53.

Nursing, West Virginia Center for

54.Nursing Home Administrators Licensing Board, West Virginia
55.

Oil and Gas Inspectors' Examining Board, West Virginia Department of Environmental Protection

56.

Ombudsman for Behavioral Health, Office of, West Virginia Department of Environmental Protection

57.Osteopathy, West Virginia Board of
58.Personnel, Division of, West Virginia Department of Administration
59.Physical Therapy, West Virginia Board of (Biennium Report)
60.Planning and Development Council, Region VII
61.Poison Center, Robert C. Byrd Health Sciences Center
62.

Prevention of Suicide, Council for, West Virginia Department of Health and Human Resources

63.Professional Engineers, West Virginia State Board of Registration for
64.Public Broadcasting, West Virginia
65.Public Defender Services, West Virginia (2004-2005)

66.Purchase of Commodities and Services from the Handicapped, Governor's Committee for, West Virginia Department of Administration

67.Radiologic Technology, West Virginia Board of Examiners for
68.Real Estate Commission, West Virginia
69.

Regional Intergovernmental Council, Counties of Boone, Clay, Kanawha and Putnam

70.Registered Professional Nurses, West Virginia Board of Examiners for
71.Risk and Insurance Management, Board of, West Virginia Department of Administration
72.

Ron Yost Personal Assistance Services Board, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services

73.

Sanitarians, West Virginia Board of Registration for

74.

School of Medicine, West Virginia University

75.Senior Services, West Virginia Bureau of
76.Social Work Examiners, West Virginia Board of
77.Speech-Language Pathology and Audiology, West Virginia Board of Examiners for
78.State Police, West Virginia
79.

State Rehabilitation Council, West Virginia, Division of Rehabilitation Services, West Virginia Department of Education and the Arts

80.

Statewide Independent Living Council, West Virginia, Division of Rehabilitation Services, West Virginia Department of Education and the Arts.

81.

Support Enforcement Commission, West Virginia, Bureau for Child Support Enforcement, West Virginia Department of Health and Human Resources

82.

Transportation Coordinating Council, Division of Public Transit, West Virginia Department of Transportation

83.

Treasury Investments, West Virginia Board of

84.Veterinary Medicine, West Virginia Board of
85.Water Development Authority, West Virginia

86.Workers' Compensation Office of Judges Report on Time Standards Compliance, Office of the Insurance Commissioner, West Virginia Department of Revenue

87.Workforce Investment Board, Inc., Northern Panhandle
88.

Youth Services, West Virginia Department of Health and Human Resources

Very truly yours,
Joe Manchin,
Governor.
Resolutions Introduced
Delegate Staggers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 56 - "Requesting the Division of Natural Resources to rename the fourteen acre lake of Wallback Dam project in Clay County, previously known as the 'B Run Dam' and the 'Wallback Dam' project, which opened in May, 2006, 'Sampson Lake'."
Whereas, Clay County's newest tourist attraction, a fourteen acre lake, was opened in May, two thousand six; and
Whereas, The project was mandated by coal mitigation penalties in the early nineties; and
Whereas, The project almost foundered shortly thereafter when
the coal company responsible for the mitigation penalties decried a lack of necessary funding; and
Whereas, Community activist Fred Sampson worked timelessly to secure the funding and marshal the agency willpower necessary to both start the project and realize the project's completion; and
Whereas, The lake, walking trail, and target range have been used daily with rave reviews; and
Whereas, As a fitting tribute to a man, Fred Sampson, who was the one person who saw the need, exhibited the personal commitment, and did the necessary work for the benefit of Clay County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Natural Resources to rename the fourteen acre lake of Wallback Dam project in Clay County, previously known as the "B Run Dam" and the "Wallback Dam" project, which opened in May, 2006, "Sampson Lake," in tribute to a man who has contributed much to Clay County and the State of West Virginia; and, be it
Further Resolved, That the Division of Natural Resources is hereby requested to erect appropriate signage at the entryways of the Lake recreational area; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Director of the Division of Natural Resources and to the Clay County Commission.
Delegates Lane, Argento, Border, Eldridge, Perdue, and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 57 - "Requesting the Joint Committee on Government and Finance to conduct a study on the need to eliminate mercury and mercury preservatives (thimerosal) in vaccines.
W HEREAS , Current state law does not prohibit the use of mercury, mercury preservatives or other mercury compounds in vaccines; and
W HEREAS , Several studies have indicated that vaccines containing mercury, mercury preservatives or other mercury compounds pose various health risks when administered to young children and pregnant women; and
W HEREAS , Further study and reform is therefore needed to determine whether the presence of mercury, mercury preservatives or other mercury compounds should be eliminated from childhood vaccines; and
W HEREAS , Discourse between representatives of local governments, the Department of Health and Human Services, vaccine manufacturers, public health advocates, and other concerned parties would greatly advance the process of formulating a solution to this potential health risk; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the presence of mercury or thimersasol in vaccines and the health risks associated with the presence of mercury and mercury preservatives such as thimerasol; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary 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.
Delegates Perdue, Amores, Anderson, Andes, Argento, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Browning, Burdiss, Campbell, Cann, Canterbury, Caputo, Carmichael, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem, Ellis, Ennis, Evans, Fleischauer, Fragale, Frederick, Guthrie, Hamilton, Hartman, Hatfield, Hrutkay, Hutchins, Iaquinta, Ireland, Kessler, Klempa, Kominar, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Palumbo, Paxton, Perdue, Perry, Pino, D. Poling, M. Poling, Porter, Proudfoot, Reynolds, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver, Shook, Sobonya, Spencer, Staggers, Stemple, Stephens, Sumner, Swartzmiller, Tabb, Talbott, Tucker, Varner, Webster, Wells, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 58 - "Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study rebalancing the long-term care system and make recommendations regarding policy changes necessary to implement rebalancing to ensure compliance with the Olmstead Decision."
Whereas, As many as 2,000 West Virginians with disabilities currently live in nursing homes or other institutional settings and have a desire to live in the community; and
Whereas, Institutional settings may not be the most efficient way to provide care and support; and
Whereas, Society would benefit if all citizens could, as much as possible, live independently; and
Whereas, The concepts of "rebalancing" and "money follow the person" are part of a national movement designed to lessen the reliance of states on institutional provider models in fiscal preference to models of community support; and
Whereas, West Virginia has a history of deinstitutionalization and has demonstrated that "money following the person" is a viable and efficacious method of providing support through the closure of the Colin Anderson Center and the movement of those residents to the community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the Legislative Oversight Commission on Health and Human Resources Accountability to study rebalancing the long-term care system and make recommendations regarding policy changes necessary to implement rebalancing to ensure compliance with the Olmstead Decision; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability consult with representatives of the Department of Health and Human Resources, advocates of community-based support, the Statewide Independent Living Council, the Olmstead Advisory Council, the Developmental Disabilities Council and other interested groups or individuals in studying the concepts of "rebalancing" and "money follows the person" to develop policies to illustrate how the lone-term care system can be rebalanced to develop and increase the use of home- and community-based support services and enhance alternatives to institutional settings that consider the dignity and preference of eligible individuals; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability shall, in conjunction with the Department of Health and Human Resources, advocates of community-based support, the Statewide Independent Living Council, the Olmstead Advisory Council, the Developmental Disabilities Council and other interested groups or individuals:
(1) Study current components of the long-term care system;
(2) Gather information and make recommendations to build upon those components of the system involving home and community-based services that are working well;
(3) Identify barriers to rebalancing the system to shift resources from institutional care to home and community-based care;
(4) Identify policy changes, changes to state code, and changes to the Medicaid State Plan necessary to implement rebalancing; and
(5) Identify policy changes, changes to state code, and changes to the Medicaid State Plan necessary to provide consumer choice and access to the most integrated setting to ensure compliance with the Olmstead Decision; and, be it
Further Resolved, In its work on this issue, the Legislative Oversight Commission on Health and Human Resources Accountability shall remain mindful of federal fiscal limitations, financial and personal needs, preferences and quality of life of those persons being served in the long-term care system; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability report to the Joint Committee on Government and Finance on or before the thirty-first day of January, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary 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.
Delegates Kominar, Moore and Schoen offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 59 - "Requesting the Joint Committee on Government and Finance conduct a study to review, study and examine the issues related to authorizing conditional receipt of bank deposits."
Whereas, Bank customers often have items presented to be paid or charged to an account with insufficient funds; and
Whereas, In such cases, a customer has often made a sufficient deposit awaiting clearance, but the deposit is not credited, resulting in overdraft fees; and
Whereas, In such cases the bank should conditionally accept the deposit and hold the items to be charged against it until the deposit is credited; and
Whereas, If conditional acceptance of the deposit is not sufficient for the items to be charged against it, the bank may process the credit and debits in its normal course of business; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, study and examine the issues related to authorizing conditional receipt of bank deposits; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary 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.
Mr. Speaker, Mr. Thompson, and Delegates Morgan, Craig, Stephens, Perdue, Reynolds, C. Miller and Sobonya offered the following resolution, which was read by the Clerk:
H. R. 30, "Designating February 27, 2007, as 'Marshall University Day'."
Whereas, Marshall University has gained international acclaim through the Warner Brothers film, "We Are Marshall" and the stage has been set for future fame, accomplishment and success; and
Whereas, Marshall University is gaining worldwide prominence as a premier institution of higher education and is a home away from home to thousands of West Virginia's young people; and
Whereas, Marshall University is serving students and other West Virginians in all 55 counties; and
Whereas, Marshall University is an economic engine driving millions of dollars into the state economy through its people, places and programs; and
Whereas, Marshall University is poised to become a premier research facility through ongoing efforts at the Robert C. Byrd Biotechnology Center and the Forensic Science Center; and
Whereas, Marshall University has received its first royalty check for cutting-edge technology developed by a collaborative team at the Rahall Transportation Institute and Marshall University's College of Science; and
Whereas, Marshall University continues to deliver state-of-the-art healthcare to Southern West Virginia through its Joan C. Edwards School of Medicine; and
Whereas, Marshall University's Faculty Senate is observing 20 years of creating and nurturing a growing and dynamic team of eager, dedicated and talented faculty; and
Whereas, Marshall University's W. Page Pitt School of Journalism and Mass Communication and Journalism is marking its 80^th year in the educating of journalists and media specialists who are a daily and integral part of the West Virginia working press; and
Whereas, Marshall University has more than 80,000 alumni worldwide; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 27, 2007, as "Marshall University Day"; and, be it
Further Resolved, That the House hereby salutes the students, staff, faculty, administrators, friends and fans of Marshall University for their support of this university and the great State of West Virginia; and be it
Further Resolved, That the Clerk of the House of Delegates is requested to forward a copy of this resolution to Dr. Stephen J. Kopp, President of Marshall University.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 30) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegates Eldridge, Ellis, Amores, Argento, Azinger, Barker, Beach, Boggs, Browning, Burdiss, Cann, Caputo, Crosier, DeLong, Doyle, Evans, Frederick, Guthrie, Hartman, Hatfield, Hrutkay, Iaquinta, Ireland, Kessler, Klempa, Kominar, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Moye, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, Proudfoot, Reynolds, Rodighiero, Romine, Sobonya, Spencer, Staggers, Stalnaker, Stemple, Stephens, Swartzmiller, Tabb, Talbott, Tansill, Webster, Wells, Williams and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 31, Requesting the State Fire Commission to increase by six percent the salary paid to the State Fire Marshal.
Whereas, The State Fire Marshal has broad responsibility for the implementation of fire programs in the state designed to minimize fire hazards, the effects of disaster, and the loss of life and property from fire; and
Whereas, In light of the responsibility of the office, the remuneration paid to the State Fire Marshall lacks parity with similarly situated agency heads and commissioners; therefore, be it,
Resolved by the House of Delegates:
That it is hereby expressed by the members that the State Fire Commission increase by six percent the salary paid to the State Fire Marshal.
Special Calendar
Third Reading
S. B. 376, Assessing fee for processing scientific collecting permits; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 183), and there were--yeas 89, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Lane, J. Miller, Sobonya, Sumner and Walters.
Absent And Not Voting: Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 376) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 2909, Assessing a fee for processing scientific collecting permits; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid upon the table.
H. B. 2020, Requiring mine operators to provide notice of hazardous chemical substances and lead exposure to its employees; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 184), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2020) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2020 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22A-1-40, relating to notice of hazardous chemicals, substances, materials and lead exposure to employees of mine operators; requiring Director of Miners' Health, Safety and Training to adopt a list of hazardous substances by rule and to compile and provide safety information regarding hazardous substances; and providing a criminal penalty for violations."
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. 2027, Allowing awards under the crime victims compensation program to be made to victims of identity theft; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 185), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2027) 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. 2070, Extending PEIA coverage to certain long-term substitute education employees; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 186), and there were--yeas 96, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2070) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 187), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and Spencer.
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. 2070) takes effect July 1, 2007.
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. 2187, Providing payment for GED exam fees; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 188), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2187) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken
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. 2187) takes effect July 1, 2007.
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. 2223, Restricting public access to concealed weapons permit records; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 190), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2223) 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. 2309, Relating to tourism development projects and tourism expansion projects; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 191), and there were--yeas 74, nays 23, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Blair, Border, Carmichael, Cowles, Duke, Hamilton, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Sobonya, Sumner, Tansill and Walters.
Absent And Not Voting: Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2309) 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. 2342, Creating the West Virginia Military Family Relief Fund; 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. 192), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2342) 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. 2406, Providing that in the event a yearling was born in another state and transported to this state, the definition of "Raiser of an accredited West Virginia horse" does not apply to any pari-mutuel racing facility in Jefferson County; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 193), and there were--yeas 95, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead and Lane.
Absent And Not Voting: Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2406) 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. 2558, Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes; 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. 194), and there were--yeas 97, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2558) 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. 2714, Revising requirements for parking areas designated for use by persons with mobility impairments; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 195), and there were--yeas 96, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2714) 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. 2746, Establishing the Connectivity Advisory Commission; 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. 196), and there were--yeas 83, nays 13, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Carmichael, Cowles, Ireland, Lane, C. Miller, J. Miller, Romine, Schoen, Sumner and Walters.
Absent And Not Voting: Caputo, Craig and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2746) 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. 2775, Exempting new residents from payment of the privilege tax upon a showing that the applicant was not a resident of this state at the time the vehicle was purchased; 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. 197), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2775) 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. 2808, Increasing the fee for issuance of one-trip permits; 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. 198), and there were--yeas 88, nays 8, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Ireland, Lane, J. Miller, Porter, Romine, Sumner and Walters.
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2808) 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. 2826, Including school psychologists and school nurses with other professional school personnel for a salary supplement; on third reading, coming up in regular order, was read a third time.
Delegate Martin requested to be excused from voting on the passage of Com. Sub. for H. B. 2826 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 199), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2826) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 200), and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Canterbury, Craig, Michael and Spencer.
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. 2826) takes effect July 1, 2007.
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. 2844, Relating to malicious assault on a police officer, including a public service commission enforcement officer; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 201), and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael, Spencer and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2844) 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. 2864, Relating to residential resident security deposits; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
Com. Sub. for H. B. 2926, Relating to providing notification that a domestic violence protective order has been extended; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 202), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2926) 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. 2931, Providing for payment of tuition and fees for members of the West Virginia National Guard enrolled in graduate study; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 203), and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Amores, Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2931) 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. 2938, Including motor carrier inspectors and enforcement officers in the definition of law-enforcement officer; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 204), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2938) 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. 2986, Providing advance notice to the public regarding the pending closure of certain public or private health care facilities or hospitals; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 205), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2986) 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. 3056, Authorizing pharmacists to administer immunizations; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 206), and there were--yeas 92, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Cowles, Ellem and Frederick.
Absent And Not Voting: Craig, Doyle, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B.3056) 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. 3074, Relating to the carrying of concealed weapons; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 207), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3074) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3075, Restricting minor children's physical access to tobacco products; 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. 208), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3075) 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. 3093, Providing a form for a combined medical power of attorney and living will; 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. 209), and there were--yeas 95, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Schoen.
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3093) 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. 3094, Prohibiting county and district school officers, teachers and school officials from having a pecuniary interest in certain contracts; 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. 210), and there were--yeas 79, nays 17, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Blair, Border, Carmichael, Cowles, Duke, Hamilton, Lane, C. Miller, J. Miller, Overington, Porter, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3094) 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. 3106, Increasing the number of family court judges and realigning certain districts to address excessive workloads; on third reading, coming up in regular order, was, on motion of Delegate DeLong, laid over one day.
H. B. 3141, Relating to whom assessors may issue proof of payment of personal property taxes; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
There being no amendments, and having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 211), and there were--yeas 95, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Caputo, Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3141) 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. 3145, West Virginia Film Industry Investment Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 212), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3145) 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. 3161, Relating to the theft of oil, natural gas, water, telecommunications, electric and solid waste service; on third reading, coming up in regular order, was read a third time.
Delegates Armstead and Stemple requested to be excused from voting on the passage of Com. Sub. for H. B. 3161 under the provisions of House Rule 49 stating that their employers represented natural gas interests.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 213), and there were--yeas 95, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Kessler.
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3161) 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. 3164, Pharmaceutical Availability and Affordability Act of 2007; on
third reading, coming up in regular order, was read a third time.
Debate ensued on the passage of the bill.
Delegate Fragale, Speaker Pro Tempore, presided over the House during a portion of the debate.
Speaker Thompson assumed the Chair for the remainder of the debate, and at the conclusion thereof propounded "Shall the bill pass?"
On the passage of the bill, the yeas and nays were taken (Roll No. 214), and there were--yeas 76, nays 19, paired 2, absent and not voting 2, with the nays, paired and absent and not voting being as follows:
Nays: Amores, Andes, Armstead, Azinger, Blair, Border, Carmichael, Cowles, Evans, Frederick, Lane, Long, Miller, C, Overington, Schadler, Schoen, Sobonya, Tansill and Walters.
Paired:

Spencer (Yea)
J. Miller (Nay)

Absent And Not Voting: Craig and Michael.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3164) 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. 3166, Exempting community action agencies from the certificate of title tax for vehicles used for their Head Start program; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 215), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3166) passed.
Delegate DeLong moved that the bill take effect July 1, 2007.
On this question, the yeas and nays were taken (Roll No. 216), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
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. 3166) takes effect July 1, 2007.
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. 3180, Relating to the granting of workers' compensation benefits on review or appeal; 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. 217), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3180) 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. 3194, Relating to determining defendants' ability to pay cost of incarceration be done at time of sentencing; 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. 218), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3194) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3228, Providing that home confinement officers are subject to criminal prohibition of engaging in sexual intercourse with person incarcerated; 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. 219), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3228) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 3228 - "A Bill to amend and reenact §61-8B-10 of the Code of West Virginia, 1931, as amended, providing that it is a crime for home confinement officers to engage in sexual intercourse or sexual intrusion with persons incarcerated; defining the phrase 'incarcerated in this state' to include home confinement subject to the Home Incarceration Act; and providing penalties."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3229, Increasing default late fees and shortening the period given to an occupant to cure a default before an owner may enforce a lien for self-service storage facilities; 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. 220), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3229) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3270, Relating to the compensation and expenses of fiduciaries; on third reading, coming up in regular order, was read a third time.
Delegate Campbell requested to be excused from voting on the passage of H. B. 3270 under the provisions of House Rule 49, stating that he was a fiduciary.
The Speaker refused to excuse the Member from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
Delegate Schoen requested to be excused from voting on the passage of H. B. 3270 under the provisions of House Rule 49, stating that she was employed in this field of work.
The Speaker refused to excuse the Member from voting, stating that she was a member of a class of persons possibly to be affected by the passage of the bill and that she demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 221), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3270) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3271, Clarifying spendthrift trusts; 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. 222), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3271) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3272, Relating to total return unitrusts; 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. 223), and there were--yeas 96, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Michael and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3272) 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:

Com. Sub. for H. B. 2390, Relating to the definition of domestic animals and livestock;

Com. Sub. for H. B. 2422, Providing cost-saving measures in connection with providing medical care in regional jails,
Com. Sub. for H. B. 2461, Providing that all employees have the right to review and copy the contents of their personnel files,
H. B. 2710, Relating to the elimination of the licensure exemption for certain contractors of manufactured housing installation,
Com. Sub. for H. B. 2940, Increasing the age of dependents for health insurance coverage;
Com. Sub. for H. B. 3167, Allowing teachers employed by a statewide service personnel association to count this service towards retirement credit,
And,
H. B. 3184, Relating to confidentiality, disclosure and authorization for disclosure of mental health information.
Com. Sub. for H. B. 3220, Relating to medical qualifications of school bus operators; on second reading, coming up in regular order was read a second time.
On motion of Delegates Border, Fleischauer, Moore and Lane the bill was amended on page two, section ten-a, line two, by striking out the words "currently or formerly employed" and inserting in lieu thereof the words "employed or seeking employment".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 3223, Restricting public access to concealed weapons permit records; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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. 171, Continuing Board of Accountancy,
S. B. 172, Continuing Board of Respiratory Care Practitioners,
S. B. 186, Continuing Board of Embalmers and Funeral Directors,
And,
S. B. 190, Continuing Board of Examiners of Psychologists.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Spencer and Craig.
Miscellaneous Business
On the passage of S. B. 412, on February 26, 2007, Delegate Schoen submitted a written vote explanation, and requested that it be included in the Journal of today, which was as follows:
Delegate Schoen. Mr. Speaker, although I agree with the intent of S. B. 412, which is to discourage imprudent driving behavior in order to keep our highways safe, I feel that this bill does not properly allocate the associated penalties. Under S. B. 412, those minors holding a level one instruction permit who violate the provisions of this bill will be penalized.
The purpose of a level one instruction permit is for minors (generally fifteen year olds) to learn proper driving behavior under the supervision of a licensed driver twenty-one years of age or older or a driver's education instructor. Indeed, current law prohibits the holder of a level one instruction permit from driving without the supervision of a licensed driver twenty-one years of age or older or a driver's education instructor.
I fell that it is the responsibility of the supervising driver to ensure that the minor holding the level one instruction permit does not engage a wireless device while operating a motor vehicle, and therefore, the associated penalty provided for in S. B. 412 should also be placed on the supervising driver. As such, I voted "Nay" in protest.
At 1:09 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 28, 2008.