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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

House Journal


Day 01 (01-11-2012)
Day 02 (01-12-2012)
Day 03 (01-13-2012)
Day 06 (01-16-2012)
Day 07 (01-17-2012)
Day 08 (01-18-2012)
Day 09 (01-19-2012)
Day 10 (01-20-2012)
Day 13 (01-23-2012)
Day 14 (01-24-2012)
Day 15 (01-25-2012)
Day 16 (01-26-2012)
Day 17 (01-27-2012)
Day 20 (01-30-2012)
Day 21 (01-31-2012)
Day 22 (02-01-2012)
Day 23 (02-02-2012)
Day 24 (02-03-2012)
Day 27 (02-06-2012)
Day 28 (02-07-2012)
Day 29 (02-08-2012)
Day 30 (02-09-2012)
Day 31 (02-10-2012)
Day 34 (02-13-2012)
Day 35 (02-14-2012)
Day 36 (02-15-2012)
Day 37 (02-16-2012)
Day 38 (02-17-2012)
Day 41 (02-20-2012)
Day 42 (02-21-2012)
Day 43 (02-22-2012)
Day 44 (02-23-2012)
Day 45 (02-24-2012)
Day 48 (02-27-2012)
Day 49 (02-28-2012)
Day 50 (02-29-2012)
Day 51 (03-01-2012)
Day 52 (03-02-2012)
Day 55 (03-05-2012)
Day 57 (03-07-2012)
Day 58 (03-08-2012)
Day 61 (03-11-2012)
hdj2012-1-23-13


__________*__________




Monday, January 23, 2012

THIRTEENTH DAY

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

                              

     The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Friday, January 20, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Resolutions Introduced

     Delegate Hamilton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 34 - "Requesting the Division of Highways name bridge number 49-9-0.21 in Tennerton, Upshur County, West Virginia the 'Staff Sergeant Lesley Wayne Reed Memorial Bridge'."
     Whereas, Lesley Wayne Reed was born on January 11, 1946, the son of William Otto Reed and Christine Bonner Reed; and
     Whereas, Lesley Wayne Reed was raised in Upshur County and attended Upshur County public schools; and
     Whereas, Staff Sergeant Lesley Wayne Reed served in Vietnam with D Company, 1st Battalion, 8th Infantry, 4th Infantry Division, U.S. Army; and
     Whereas, Staff Sergeant Lesley Wayne Reed was killed in action on November 19, 1967, at Dak To, which was a major battle of the Vietnam War; and
     Whereas, For his valor, Staff Sergeant Lesley Wayne Reed was awarded the Silver Star and a Purple Heart. Staff Sergeant Reed also received a National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal and Army Good Conduct Medal; and
     Whereas, On that fateful day in November 1967, Staff Sargent Lesley Wayne Reed gave his last full measure of devotion to his country and to his comrades-in-arms; and
     Whereas, It is only fitting and proper that this bridge be named in his honor, and that it henceforth stand as a permanent memorial so that Staff Sargent Lesley Wayne Reed's supreme sacrifice for our nation will not be forgotten; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways name the bridge number 49-9-0.21 in Tennerton, Upshur County, West Virginia the "Staff Sergeant Lesley Wayne Reed Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the bridge as the "Staff Sergeant Lesley Wayne Reed Memorial Bridge" with a designation that Staff Sergeant Reed served in the Vietnam War; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Staff Sergeant Lesley Wayne Reed and to the Secretary of the Department of Transportation.
     Delegates Stowers and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 35 - "Requesting the Division of Highways to name County Route 36/1, known as Scites Road, from the intersection with the Branchland Bridge in Branchland, Lincoln County, West Virginia to the intersection of Sheridan Road and Two Mile Road, the 'Sergeant Larry W. Kinder Memorial Highway'."
     Whereas, Larry Kinder was born on February 7, 1944, the son of William and Ida Kinder; and
     Whereas, Larry Kinder grew up in Branchland, West Virginia with his brothers Jack and Vinson, and his sisters Ann and Brenda Kinder; and
     Whereas, Larry Kinder was married to Bernice Frye Kinder and had a daughter, Levetta Kinder; and
     Whereas, Sergeant Larry Kinder was serving as a member of Gun Section Number One with Battery C on Fire Support Base Tomahawk south of Phu Bai, Republic of South Vietnam, when his M109 Howitzer took a direct hit on June 19, 1969; and
     Whereas, Sergeant Larry Kinder was severely injured and was evacuated to the hospital ship U.S.S. Sanctuary, where he later succumbed to his injuries on June 23, 1969; and
     Whereas, On that fateful day in June 1969, Sargent Larry W. Kinder gave his last full measure of devotion to his country and to his comrades-in-arms; and
     Whereas, It is only fitting and proper that this stretch of road near his hometown of Branchland be named in his honor, and that it henceforth stand as a permanent memorial so that Sargent Larry W. Kinder's supreme sacrifice will not be forgotten; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways name County Route 36/1, known as Scites Road, from the intersection with the Branchland Bridge in Branchland, Lincoln County, West Virginia to the intersection of Sheridan Road and Two Mile Road, the "Sergeant Larry W. Kinder Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the road as the "Sergeant Larry W. Kinder Memorial Highway" with a designation that Sergeant Kinder served in the Vietnam War; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Larry Kinder and to the Secretary of the Department of Transportation.
     Delegates Fleischauer, Miley, Brown, Caputo, Hunt, Pino, Overington and Sobonya offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 36 - "Amending Rule 5a of the Joint Rules of the Senate and House, relating to processing of bills authorizing the promulgation of proposed legislative rules; duplication and distribution of proposed legislative rules."
     Resolved by the Legislature of West Virginia:
     That Rule 5a of the Joint Rules of the Senate and House be amended to read as follows:
     "Introduction and Processing of Bills Authorizing the Promulgation of Proposed Legislative Rules; Filing, Duplication and Distribution of Proposed Legislative Rules;
     5a. (1) On the first day of each regular session of the Legislature, the cochairs of the legislative rule-making review committee shall submit to the clerk of the respective houses of the legislature a copy of all proposed legislative rules which have been submitted to and considered by the committee pursuant to §29A-2-11 of the code and which have not been previously submitted to the Legislature for study, together with the recommendations of the committee with respect to such rules, a statement of the reasons for any recommendation that a rule be amended or withdrawn, a statement that a bill authorizing each legislative rule has been drafted, and copies as required by each house, of bills for introduction. To facilitate the submission of the committee's report and bills of authorization on the first day of each regular session, the committee shall complete its consideration of rules by November 30 of each year. The committee may withhold from its report any proposed legislative rule which was submitted to the committee fewer that two hundred twenty-five days before the end of the regular session. The clerk of each house shall submit the report to his or her house pursuant to §29A-3-12.
_____(2)
A 'bill authorizing the promulgation of proposed legislative rules' or a 'bill of authorization' is a measure intended to be enacted as general law, which incorporates by reference a proposed legislative rule, with or without amendments or substitutions set forth in the bill, and which authorizes the promulgation and implementation of the proposed legislative rule. The processing of bills authorizing the promulgation of proposed legislative rules shall be governed by the standing rules of the Senate and the House of Delegates, which are supplemented by the provisions of this joint rule. In the case of any conflict between this rule and a standing rule of the Senate or the House of Delegates, the provisions of this rule shall control.
     (1) (3) The requirement of either house that bills shall be presented in duplicate applies to bills authorizing the promulgation of proposed legislative rules, but does not apply to the proposed legislative rule which the bill incorporates by reference. Of the duplicate copies, only the designated original copy shall have appended thereto the full text of the proposed legislative rule as finally approved by the agency seeking permission for its promulgation. Other copies of the full text of the proposed legislative rule shall be made available to members of the Legislature as hereinafter provided.
     (2) Copies of the full text of each proposed legislative rule shall be reproduced by printing or duplication by the Clerk prior to, or as soon as is reasonably practicable after, the introduction of the bill which would authorize by law the promulgation of the proposed legislative rule. Prior to such printing or duplication, a notation shall be affixed to the proposed legislative rule which identifies the bill number of the introduced bill which would authorize its promulgation and which also identifies the committee or committees of the house to which the bill is to be referred by the presiding officer following its introduction. Otherwise, the copies printed or duplicated shall conform to the copy of the proposed legislative rule appended to the original bill, so as to facilitate the consideration and amendment of the rule throughout the legislative process.
_____(4) Upon introduction on bills authorizing the promulgation of proposed legislative rules, the clerk shall make available by electronic means the full text of each legislative rule to be authorized to each member on the floor of each house, to allow each member to view the text of each legislative rule.
_____
(3) (5) The clerk shall furnish to any member, upon his or her request, without cost, one copy of the full text of a proposed legislative rule as reproduced by the clerk in accordance with the provisions of subsection (2) (3) of this joint rule. For any request for an additional copy or copies of the proposed legislative rule, the member requesting the copy or copies shall pay to the clerk, in advance, a charge which the clerk has reasonably determined to be adequate to cover the actual cost of the printing or duplication: Provided, That the provisions herein for the clerk to furnish a member with an additional copy or copies, with a cost charged, may not interfere with or delay the prompt and otherwise timely consideration of bills of authorization by the house or its committees or subcommittees.
     (4) (6) Whenever the standing rules of either house require the printing or reprinting of a bill, the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same force and effect as they apply to other bills. However, no printing or reprinting of the proposed legislative rule which is incorporated by reference in the bill of authorization shall be required, other than the printing required by subsection (2) of this joint rule.
     (5) (7) Whenever the standing rules of either house require a bill to be read, or fully and distinctly read, the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same force and effect as they apply to other bills. However, no reading of the proposed legislative rule which is incorporated by reference in the bill of authorization shall be required."
     Delegates Nelson, Andes, Lane, Ashley, Storch, Anderson, Staggers, Hall, Skaff, Ferns and Hartman offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 9 - "Amending House Rule 94, relating to joint sponsors of bills."
     Resolved by the House of Delegates:
     
That House Rule 94 be amended to read as follows:
ORDER OF BUSINESS
Joint Sponsors of Bill
     94. Except those bills sponsored by the Speaker of the House, the Majority Leader or the Minority Leader, a bill may must be introduced bearing the names of at least three and not more than eleven members as joint sponsors of the bill.
Bill Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Thompson and Delegate Armstead
     [By Request of the Executive]:
     
H. B. 4252 - "A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11B-2-20a; to amend and reenact §17-3-1 of said code; and to amend and reenact §31-15A-9 of said code, all relating to the Revenue Shortfall Reserve Fund, the Revenue Shortfall Reserve Fund - Part B, and the creation of a West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying maximum aggregate funding amount for the Revenue Shortfall Reserve Fund; providing that interest and other earnings on Revenue Shortfall Reserve Fund - Part B shall be dedicated to and expended for and in support of the federal-state Medicaid program authorized by the Legislature or mandated by the federal government; providing that in commencing and executing the provisions of this subdivision, the West Virginia Investment Management Board is not and shall not be obligated to sell any investments at a loss or otherwise take any action not in furtherance of its fiduciary duties and obligations in respect of funds and investments under its management and supervision; creating the West Virginia Infrastructure Modernization and Development Special Revenue Fund in the State Treasury; specifying the funding source for the West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying use of funds in the West Virginia Infrastructure Modernization and Development Special Revenue Fund; providing ability of state road fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund; and providing ability of West Virginia Infrastructure Fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund"; to the Committee on Finance.
By Delegates Barill, Perry, Marshall, Fleischauer, Pasdon, Butcher, Frazier, Williams, Perdue and Lawrence:
     
H. B. 4253 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22l, relating to providing a one-time supplements to certain annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegates Perry, Ashley, Walters and Hall:
     
H. B. 4254 - "A Bill to amend and reenact §33-6-34 of the Code of West Virginia, 1931, as amended, relating to increasing the filing fees for insurers; permitting multiple insurers to make a single filing with a fee collected from each one; defining a term; and deleting an effective date"; to the Committee on Banking and Insurance then Finance.
By Delegates Moore, Reynolds and Azinger:
     
H. B. 4255 - "A Bill to amend and reenact §46A-4-111 of the Code of West Virginia, 1931, as amended, relating to the requirement of written documentation of a reasonable net tangible benefit to the borrower of any refinancing of a real estate secured loan by a regulated consumer lender, clarifying that the requirement applies to any refinancing that occurs within twenty-four months of the date of the original consumer loan or consumer credit sale secured by residential real estate"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Perry, Ashley, Walters and Hall:
     
H. B. 4256 - "A Bill to amend and reenact §33-31-2 of the Code of West Virginia, 1931, as amended, relating to captive insurance; limiting risk retention groups' risks on single subjects of insurance; and requiring captive insurance companies to notify the insurance commissioner of any material changes to certain information"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Iaquinta, Poore, Marshall, Crosier, Fleischauer and Duke
     [By Request of the Secretary of State's Office]:
     
H. B. 4257 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-2-6a, relating to late voter registration for any member of a uniformed service of the United States, as defined in 42 U.S.C §1973ff-6, any member of the Merchant Marine of the United States, any person who resides temporarily outside of the United States, and the spouse or dependent residing with a person that fits the criteria"; to the Committee on the Judiciary.
By Delegates Fleischauer, Brown, Hunt, Pino and Overington:
     
H. B. 4258 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5, §5-30-6, §5-30-7 and §5-30-8; to amend said code by adding thereto a new section, designated §7-1-16; and to amend and reenact §8-5-10 of said code, all relating to procedures for the transfer of power when certain elected officials are unable to fulfill the duties of their office; creating a procedure for the transfer of power due to disability or unavailability of the elected members of the Board of Public Works; requiring designation of chain of succession and waiver of HIPAA rights for certain elected officials; creating the disability evaluation panel; declaring procedures for voluntary temporary transfer of power and involuntary transfer of power; defining the process for reevaluation of findings by the disability evaluation panel; establishing procedures for declaration of unavailability; requiring that certain determinations be published in the State Register; providing for review of the disability evaluation panel's determinations by the Supreme Court of Appeals of West Virginia; directing the Supreme Court to create procedural rules pertaining to the review; requiring continuation of salary and insurance for certain disabled and unavailable elected officials; requiring counties to create a procedure for the transfer of power due to disability or unavailability; and requiring municipalities to create a procedure for the transfer of power due to disability or unavailability"; to the Committee on the Judiciary.
By Delegates Brown, Moye, Ellem, Poore, Hunt, Fleischauer, Miley, Moore, Caputo and Manchin:
     
H. B. 4259 - "A Bill to amend and reenact §23-1-1a of the Code of West Virginia, 1931, as amended, relating to rules promulgated by the Workers' Compensation Board of Managers; and providing that these rules are subject to the legislative review process"; to the Committee on the Judiciary.
By Delegates Fleischauer, Miley, Brown, Caputo, Hunt, Longstreth, Pino, Overington and Sobonya:
     
H. B. 4260 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16B-6e of said code; to amend and reenact §33-16-3v of said code; to amend and reenact §33-24-7k of said code; and to amend and reenact §33-25A-8j of said code, all relating to insurance coverage for autism spectrum disorders; specifying application of benefit caps; clarifying time frames; adding evaluation of autism spectrum disorder to included coverage; clarifying diagnosis, evaluation and treatment requirements; clarifying reporting requirements; and making technical corrections"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Miley, Brown, Caputo, Hunt, Pino, Overington and Sobonya:
     
H. B. 4261 - "A Bill to amend and reenact §29A-1-2 and §29A-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §29A-3-1a, §29A-3-4, §29A-3-6, §29A-3-8, §29A-3-15, §29A-3-15a and §29A-3-15b of said code; and to amend said code by adding three new sections, designated §29A-3-1c, §29A-3-1d and §29A-3-9a, all relating to review of state administrative agency rule-making; defining terms; altering designation of types of rules that have not been approved by the Legislature and that are exempt from legislative review; establishing deadline for action by agency action for certain proposed rules before the rule is deemed withdrawn; requiring agency response to public comments; requiring all sections of a rule be filed when agency proposing rule amendment; providing for methodology for repeal of rules; establishing new publishing and rule-making requirements for certain Department of Health and Human Services policy manuals; providing new process for review and approval of legislative rules incorporating federal mandated requirements; revising emergency rule-making process to allow for public comment, more information, and extended comment period; providing new process for provisional legislative rules; and altering certain agency filing requirements"; to the Committee on the Judiciary.
By Delegates Perry, Ashley, Walters and Hall:
     H. B. 4262 - "A Bill to amend and reenact §33-12-7 and §33-12-8 of the Code of West Virginia, 1931, as amended, all relating to the continuing education for insurance producers; revising certain membership requirements of the board of insurance producer education; providing for payment of certain expenses of board members; revising role of the board; reducing period in which a producer whose license has been suspended may demonstrate compliance; and permitting the Insurance Commissioner to propose a rule to change certain fees"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Barker, Caputo, Martin, Hamilton, Butcher and Stowers:
     
H. B. 4263 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §5I-1-1, §5I-1-2, §5I-1-3, §5I-1-4, §5I-1-5, §5I-1-6 and §5I-1-7, all relating to creating the 'Procurement of Domestic Products Act'; requiring state agencies to purchase products manufactured in the United States; permitting waivers; defining terms; establishing penalties; and granting rule-making authority"; to the Committee on the Judiciary then Finance.
By Delegates Varner, Stowers, Ferro, Perry, Cann, Shaver, Evans, R. Phillips, Pethtel, Hall and Williams:
     
H. B. 4264 - "A Bill to amend and reenact §29-3-9 of the Code of West Virginia, 1931, as amended, relating to requiring the State Fire Commission to establish standards and policies pursuant to legislative rulemaking; and including training and education in fire rescue as part of the rulemaking"; to the Committee on the Judiciary.
By Delegates Manypenny, Talbott, Mahan, Guthrie, Manchin, Barill, Barker, Walker, Fleischauer and Doyle:
     
H. B. 4265 - "A Bill to amend and reenact §22-6A-7 and §22-6A-8 of the Code of West Virginia, 1931, as amended, all relating to requiring flowback plans for all work on oil and gas wells; requiring a flowback tank with a closed loop system that prevents the release of volatile organic compounds and fugitive pollutants into the environment; permitting flowback pits to only be used under certain conditions; and requiring the proper disposal of drilling mud"; to the Committee on the Judiciary then Finance.
By Delegate Manypenny:
     
H. B. 4266 - "A Bill to amend and reenact §22-6A-7 of the Code of West Virginia, 1931, as amended, relating to requiring the posting of material data safety sheets and documentation of fracking fluid components at oil and gas well sites where fracking fluids are used and providing that information to workers at the sites, to emergency responders, to the local emergency planning committee, publishing in local newspapers and posting on the West Virginia Department of Environmental's website"; to the Committee on the Judiciary then Finance.
By Delegate Manypenny:
     
H. B. 4267 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-6A-6a, relating to studying the environmental and health impacts of shale gas development"; to the Committee on the Judiciary then Finance.
By Delegates Manchin, Hatfield, Ellem, Poore, Reynolds, Hunt and Miley:
     
H. B. 4268 - "A Bill to amend and reenact §55-2-21 of the Code of West Virginia, 1931, as amended, relating to limitations of actions and suits; and reducing the number of defendants named in the beginning of a lawsuit by tolling the statute of limitations against all tortfeasors upon filing direct claims against tortfeasors"; to the Committee on the Judiciary.
By Delegates Gearheart, Frazier, Hall, Moore, Sumner, O'Neal, Ellington, L. Phillips and Savilla:
     
H. B. 4269 - "A Bill to amend and reenact §17-16A-10 and §17-16A-18 of the Code of West Virginia, 1931, as amended, all relating to eliminating tolls on the West Virginia Turnpike before February 1, 2020, providing that no new bonds may be issued; providing an exception; and providing that the West Virginia Department of Highways accept ownership of the turnpike when the bonds secured by toll revenues have been paid"; to the Committee on Roads and Transportation then Finance.
By Delegate L. Phillips:
     
H. B. 4270 - "A Bill to amend and reenact §18A-4-7a of the Code of West Virginia, 1931, as amended, relating to school personnel; and providing that a member of the service personnel in the system may be hired as a coach when there is no qualified teacher in the system for the position of coach"; to the Committee on Education.
House Calendar

Third Reading

     Com. Sub. for H. B. 4078, Extending certain deadlines for mandated actions regarding higher education personnel; 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. 8), and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Anderson, T. Campbell, Hatfield, Manchin, Miley and Perdue.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4078) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 9), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Anderson, T. Campbell, Hatfield, Miley and Perdue.
     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. 4078) 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.
First Reading

     
Com. Sub. for H. B. 4001, Authorizing boards to establish fees by legislative rule; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     H. B. 4002, Relating to annual seminar requirements for professional licensing boards; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for H. B. 4003, Clarifying the law governing the duties of professional licensing boards; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for H. B. 4086, Designating certain property as a qualified capital addition to a manufacturing facility; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     Delegate Boggs moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
     Delegate Armstead requested to be excused from voting on the pending motion under the provisions of House Rule 49.
     The Speaker replied that such a request is proper at the passage stage of the bill, and stated that the Gentleman would be required to vote on the pending motion to suspend the constitutional rule.
     The Speaker then put the question on dispensing the constitutional rule, and on this question, the yeas and nays were taken (Roll No. 10), and there were--yeas 91, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Gearheart, Howell and J. Miller.
     Absent and Not Voting: Anderson, T. Campbell, Hatfield, Miley and Perdue.
     So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
     The bill was then read a second time and ordered to engrossment and third reading.
     Having been engrossed, the bill was then read a third time and put upon its passage.
     Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H. B. 4086 under the provisions of House Rule 49.
     The Speaker replied that Delegate Armstead was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 11), and there were--yeas 93, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: J. Miller.
     Absent and Not Voting: Anderson, T. Campbell, Hatfield, Miley and Perdue.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4086) passed.
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 12), and there were--yeas 91, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Gearheart, Howell and J. Miller.
     Absent and Not Voting: Anderson, T. Campbell, Hatfield, Miley and Perdue.
     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. 4086) takes effect July 1, 2012.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4097, Creating a license to practice hair styling; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Anderson, T. Campbell, Hatfield, Miley and Perdue.
Miscellaneous Business

     Delegates M. Poling and Moye noted to the Clerk that they were absent when the votes were taken on the passage of Com. Sub. for H. B. 2533 and H. B.4072 (Roll Nos. 5 and 6) , and had they been present, they would have voted "Yea" thereon.
     At 1:17 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 24, 2012.

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