_________*__________
Monday, February 20, 2006
The House of Delegates met at 1:00 p.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 17, 2006, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 4578, Extending the expiration date of provisions permitting retired teachers to accept
employment as substitutes in areas of critical need and shortage for an unlimited number of days
without affecting retirement benefits,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 4578) will be placed on the Consent
Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4331, Removing the "within two years " time restriction in which an application by a
former police officer or firefighter, thirty-five years old or older, who previously resigned, may
submit an application for reinstatement,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4331 - "A Bill to amend and reenact §8-14-12 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §8-15-17 of said code, all relating to changing
the 'within two years' time restriction to a 'within ten years' time restriction in which an application
by a former police officer or firefighter, who previously resigned, and who meets other criteria set
forth in the law, may submit an application for reinstatement and may be appointed by reinstatement
without a competitive examination,"
And,
H. B. 4431, Allowing the clerk of the county commission to set reasonable fees charged for
electronic or other medium versions of documents recorded in the office of clerk of the county
commission,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 4431 - "A Bill to amend and reenact §59-1-10 of the Code of West
Virginia, 1931, as amended, relating to allowing the clerk of the county commission to set reasonable
fees charged for electronic or other medium versions of documents received or duplicated,"
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 4331 and Com. Sub. for H.
B. 4431) will be placed on the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4354, Minimizing the likelihood that a reader might be induced to believe that he or
she had more time than actually existed to perfect a lien upon the subject property,
And,
H. B. 4437, Authorizing West Virginia Department of Agriculture emergency response
vehicles to utilize red flashing warning lights,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 4354 and H. B. 4437) will be placed on the
Consent Calendar.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 50, Requesting the Division of Highways to name the bridge on US Route 119 at
Miller's Creek, the "Arnold J. Starr Memorial Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 245 - "A Bill to repeal §8-8-1, §8-8-2, §8-8-3, §8-8-4, §8-8-5, §8-8-6,
§8-8-7, §8-8-8, §8-8-9, §8-8-10, §8-8-11, §8-8-12, §8-8-13, §8-8-14, §8-8-15, §8-8-16, §8-8-17 and
§8-8-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto
a new chapter, designated §7A-1-1, §7A-1-2, §7A-1-3, §7A-1-4, §7A-2-1, §7A-2-2, §7A-2-3,
§7A-2-4, §7A-3-1, §7A-3-2, §7A-3-3, §7A-3-4, §7A-3-5, §7A-3-6, §7A-3-7, §7A-4-1, §7A-4-2,
§7A-4-3, §7A-5-1, §7A-5-2, §7A-5-3, §7A-5-4, §7A-5-5, §7A-5-6, §7A-5-7, §7A-5-8, §7A-6-1,
§7A-6-2, §7A-6-3, §7A-6-4, §7A-6-5, §7A-6-6, §7A-6-7, §7A-7-1, §7A-7-2, §7A-7-3, §7A-7-4,
§7A-7-5, §7A-7-6, §7A-7-7, §7A-7-8 and §7A-8-1, all relating to creating the Consolidated Local
Government Act; stating legislative findings and definitions; authorizing municipal consolidation,
county consolidation and metro consolidation; setting forth powers of consolidated governments;
establishing powers to be construed broadly; stating local consolidated government to be treated like
municipality in municipal consolidation, county in county consolidation and municipality and county
in metro consolidation; limiting taxing authority in metro consolidation; addressing jurisdiction and limitations of consolidated local governments; commencing consolidation by petition from voters
or resolution by governing bodies; creating charter review committees; stating powers and duties of
charter review committees; allowing reimbursement of expenses for committee members; submitting
charter review committee budget to governing bodies; studying consolidation; addressing territory,
fiscal impact, name, seat, representation, governing body, effective date, transition of service and
dissolution in charter; drafting proposed charter; providing multiple public hearings; providing for
notice of hearing; approving proposed charter and submitting proposed charter to governing bodies
to hold elections; providing election by fifty-five percent of the votes cast in each affected local
government for municipal consolidation and county consolidation; providing election by fifty-five
percent of the votes cast in the principal city and fifty-five percent of the votes cast in the county,
excluding the principal city, for metro consolidation; providing for notice of election and ballot;
allocating payment for cost of elections; permitting reconsideration of second proposed charter if
first is defeated; leaving municipalities incorporated in metro consolidation; disallowing new
consolidation effort for two years after defeat; allowing subsequent joining of local governments to
consolidated local government after one year of consolidation; and permitting charter to be
amended"; which was referred to the Committee on Government Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 1 - "Requesting the Division of Highways name the bridge crossing the Guyandotte
River at Allen Junction, Wyoming County, the ?Staff Sergeant Grover Robert Taylor Memorial Bridge'."
Whereas, Grover Robert Taylor was born April 30, 1941, in Allen Junction, Wyoming
County, the son of Grant and Mary Taylor; and
Whereas, At the age of 17, Grover Robert Taylor joined the United States Army. He
attained the rank of Staff Sergeant and served as a drill instructor at Fort Jackson, South Carolina;
and
Whereas, In 1965, Staff Sergeant Grover Robert Taylor volunteered to go to Vietnam and
served as a gunner on a helicopter. After completing his tour, he was sent to Hawaii where he served
as a drill instructor for several months. Later the same year, he went back to Vietnam and served
with the U. S. Army Calvary, nicknamed the Wolfhounds; and
Whereas, On April 20, 1966, 25 miles northwest of Saigon, Vietnam, Staff Sergeant Grover
Robert Taylor was killed in action. He was posthumously awarded the Silver Star for heroism; and
Whereas, It is fitting that a lasting tribute be made in honor of Staff Sergeant Grover Robert
Taylor who was killed in service to this nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge crossing
the Guyandotte River at Allen Junction, Wyoming County, the "Staff Sergeant Grover Robert Taylor
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 Grover Robert Taylor Memorial Bridge"; and, be
it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 15 - "Requesting the Department of Transportation name the Division of Motor
Vehicles' facility in Williamson, Mingo County, the ?Tom C. Chafin Division of Motor Vehicles
Memorial Facility'."
Whereas, Tom C. Chafin, a lifelong resident of Mingo County, was born April 30, 1911,
on Mate Creek, Mingo County; and
Whereas, Mr. Chafin distinguished himself as a leader in southern West Virginia politics
and his perennial influence extended from the smallest of Appalachian communities to the State
Capitol in Charleston and the nation's Capitol in Washington, D. C.; and
Whereas, From his relatively humble beginnings as a coal miner and merchant, Mr. Chafin
learned the common touch which served him exceedingly well later in his political and private life;
and
Whereas, Mr. Chafin was a highly successful and popular public servant, spending
approximately 36 years in public life where he variously served as Constable, County Clerk and
Sheriff of Mingo County and was often the top vote-getter on the Democratic ballot; and
Whereas, Mr. Chafin was proud of his distinguished lineage which included the Chafins
and Hatfields, two prominent pioneer Mingo families. Mr. Chafin's father was Allen Chafin and his
mother was Lydia Hatfield Chafin, daughter of Ellison Hatfield (a brother to "Devil Anse" Hatfield); and
Whereas, Mr. Chafin passed away in April, 1997, leaving behind his beloved wife, sons and
countless friends and acquaintances; and
Whereas, It is fitting that a lasting tribute be made in honor of this uniquely homegrown
political leader; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of Transportation name the Division of
Motor Vehicles' facility in Williamson, Mingo County, the "Tom C. Chafin Division of Motor
Vehicles Memorial Facility"; and, be it
Further Resolved, That the Department of Transportation is hereby requested to commission
the fabrication of a nameplate of appropriate size, prominence and design containing the words
"Tom C. Chafin Division of Motor Vehicles Memorial Facility"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and the surviving members of Mr.
Chafin's immediate family.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 557 - "A Bill to amend and reenact §17-16A-6, §17-16A-11 and §17-16A-13 of the
Code of West Virginia, 1931, as amended, all relating to the West Virginia Parkways, Economic
Development and Tourism Authority; removing the requirement that a Shady Spring connector be
completed before additional bonds are authorized; and restoring rate of tolls charged"; which was referred to the Committee on Finance.
Resolutions Introduced
Delegates Pino, Perry, Argento, Stemple, Crosier and Louisos offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 58 - "Requesting the West Virginia Division of Highways name the Vista as seen
off Route 60 at Mile Marker 10.57 in Gauley Bridge, the William ?Billy? Giacomo Memorial Vista."
Whereas, William "Billy" Giacomo was born on August 27, 1972 to William L. And Nancy
Giacomo; and
Whereas, "Billy" Giacomo graduated from Gauley Bridge High School and there-after
graduated from West Virginia State College with honors, attaining both associate and Bachelor of
Science Degrees in Criminal Justice; and
Whereas, "Billy" Giacomo became a member of the Fayette Fire Investigation Team and
conducted special projects with the State Fire Marshall's office; and
Whereas, "Billy" Giacomo was a member and Captain with the Boomer Volunteer Fire
Department, which he joined when he was only sixteen years of age; and
Whereas, "Billy" Giacomo worked as a policeman of the Gauley Bridge Police Department
in 1997 and 1998 attaining the rank of Corporal and graduated at the West Virginia State Police
Academy in 1998; and
Whereas, "Billy" Giacomo married his high school sweetheart Miss Staci Foster on July
13, 1996, and together they were exemplary in love and devotion; and
Whereas, "Billy" was an avid hunter, fisherman, golfer, rappeller and skier. In short, he
loved the great outdoors, in particular, the West Virginia hills; and
Whereas, "Billy" Giacomo exhibited tremendous talent as photographer, particularly of
outdoor scenes, as well as a designer of t-shirts, murals and uniform patches still worn by the
Boomer Volunteer Fire Department; and
Whereas, William "Billy" Giacomo was hired by the Nicholas County Sheriff's Department
as a Deputy Sheriff on October 16,1998 where he was recognized as an outstanding officer and it
was in the performance of his duty, that he was fatally shot by an offender of the law on September
11, 2000; and
Whereas, Deputy Sheriff Giacomo was a loving son, brother of Linda Giacomo and devoted
husband, and even in death continues to benefit others as an organ donor; and
Whereas, Deputy William "Billy" Giacomo gave his life, in the line of duty, protecting
others. His sacrifice was made to ensure that we could live in peace and safety; and
Whereas, The town of Gauley Bridge has expressed its desire to name the vista in memory
of William "Billy" Giacomo; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to dedicate a location on the East End of
Route 60 at Mile Marker 10.57 in Gauley Bridge as the "Deputy William "Billy" Giacomo Memorial
Vista" and to construct a sign to be place at the location; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and
the family of Mr. William Giacomo.
Delegates Eldridge, Hrutkay, Butcher, Barker and DeLong offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 59 - "Requesting the Division of Highways to name the bridge located on Route 10
in Harts, West Virginia, the ?Harts Veterans' Memorial Bridge?."
Whereas, An inordinate number of the citizens from Harts in Lincoln County, West
Virginia, have committed themselves to faithful and dedicated service in the various branches of
the United States Military, including the Army, Navy, Air Force, Marine Corp and Coast Guard, and
in doing so, have performed admirably, honorably, and with distinction; and
Whereas, The veterans from Harts, in times both of peace and conflict, have consistently
placed the welfare of the United States of America above personal need; and
Whereas, The faithful and dedicated service of the many citizens of Harts who have served
in the military should receive official recognition from this legislative body; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge located on
Route 10 in Harts, West Virginia, the "Harts Veterans' Memorial Bridge."; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed at
each entrance to the bridge signs proclaiming it as the "Harts Veterans' Memorial Bridge"; and, be
it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to the Commissioner of the Division of Highways, the Director of the Division of
Veterans' Affairs and to the Mayor and Town Council for the Town of Harts.
Delegates Craig, Eldridge, Leach, Morgan, Stephens and Hrutkay offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 60 - "Requesting the United States Congress include a portion of State Highway 10 as a corridor to the Appalachian Highway Development System."
Whereas, In order to achieve comprehensive economic development and social growth as
intended by the Appalachian Regional Development Act of 1965, it is necessary to provide access
to this area of Appalachia; and
Whereas, The existing section of highway must be upgraded to facilitate safe and effective
transportation of goods and products through the area while allowing for safe and convenient passage
of new business employees and customers alike; and
Whereas, The southern terminus of the newly established corridor will be the connection
of the corridor with Corridor G in Chapmanville. The Northern Terminus of the corridor will be the
intersection of the corridor with Interstate Highway 64 at exit 11, Hal Greer Boulevard; therefore,
be it
Resolved b\y the Legislature of West Virginia:
That the Congress of the United States is hereby urged to include the above mentioned
section of State Highway 10 into the Appalachian Highway Development System; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to West Virginia's congressional delegation.
Petitions
Delegate Williams presented a petition, signed by one thousand twenty-nine residents of the
State, urging support for Home Schoolers to be able to participate in public school sports programs;
which was referred to the Committee on Education.
Motions
Under the provisions of House Rule 50, the Clerk read the following written motion submitted by Delegate Trump:
Delegate Trump. Mr. Speaker, pursuant to House Rule 82, I move that the Committee on
Finance be discharged from consideration of H. B. 4088, eliminating the sales tax on food, after the
thirtieth day of June, two thousand six.
The Minority Leader (Delegate Trump) spoke in favor of the motion and the Majority Leader
(Delegate Staton) spoke against.
The question being the motion to discharge the committee, Delegate Trump demanded the
yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 121), and there were--yeas
31, nays 66, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Duke, Ellem,
Frich, Hall, Hamilton, Howard, Lane, Leggett, Louisos, Overington, Porter, Roberts, Romine,
Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Tansill, Trump, Wakim, Walters and White,
Gil.
Absent and Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting not having voted in the affirmative, the
motion to discharge did not prevail.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Staton, Amores and Craig:
H. B. 4632 - "A Bill to amend and reenact §15-5-15 of the Code of West Virginia, 1931, as amended, relating to employing homeland security and emergency service personnel"; to the
Committee on the Judiciary.
By Delegate Lane:
H. B. 4633 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §4-1-2a, relating to directing one half of any budget surplus in a
fiscal year equally to every West Virginia family or individual within two hundred percent of the
poverty level in the form of a tax rebate to be mailed July 1, 2006; and providing rule-making
authority to the Tax Commissioner for implementing this rebate"; to the Committee on Finance.
By Delegates Palumbo, Blair, Webster and Morgan:
H. B. 4634 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17B-2-3b; and to amend and reenact §17B-3-6 of said code, all
relating to prohibiting wireless communication use while driving by a minor holding a learner's
instructional permit or provisional license"; to the Committee on the Judiciary.
By Delegates DeLong, Tabb, Wysong and Doyle:
H. B. 4635 - "A Bill to amend and reenact §19-23-3 of the Code of West Virginia, 1931, as
amended, relating to 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; and providing for a five-year sunset provision
relative to the applicability of this definition at any pari-mutuel racing facility in Ohio County"; to
the Committee on the Judiciary.
By Delegates Schoen, Caputo, Beane and Amores:
H. B. 4636 - "A Bill to amend and reenact §48-1-228 of the Code of West Virginia, 1931, as amended, relating to the definition of gross income for purposes of determining child support;
providing that certain employment-related expenses are excluded from gross income"; to the
Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4637 - "A Bill to amend and reenact §21-10-4, §21-10-5 and §21-10-6 of the Code of
West Virginia, 1931, as amended, all relating to requiring the Division of Labor, and not third
parties, to conduct annual amusement ride/attraction inspections"; to the Committee on Government
Organization.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4638 - "A Bill to amend and reenact §8-33-3 of the Code of West Virginia, 1931, as
amended, relating to permitting a member of a county building commission to hold office or
employment with the United States of America, the State of West Virginia, any county or political
subdivision thereof, or any political party, so long as that member recuse himself or herself from
voting on any matter in which that member might have a personal or financial interest"; to the
Committee on Government Organization.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4639 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-24-12a, relating to providing a tax credit for company land
donated to the state"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4640 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-71b, relating to income tax withholding on sales or transfers of real property by nonresident individuals or entities"; to the Committee on the Judiciary
then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4641 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as
amended, relating to providing for a minimum of two magistrates to serve each county"; to the
Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4642 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-6-1c, relating to providing for a public nuisance law for
residential areas outside incorporated municipalities"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4643 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated 18A-4-10e, relating to authorizing county boards of education to
provide for the use of sick leave days by surviving spouse in certain circumstances"; to the
Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4644 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-5-12a relating to providing pharmacists may exercise moral
discretion without legal consequence to refuse to fill a prescription for 'the morning after pill'"; to
the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Manchin, Stalnaker, Caputo, Eldridge,
Hamilton, Longstreth, Stephens, Hrutkay, Ellem and Wells:
H. B. 4645 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to the calculation of West Virginia adjusted gross income for personal income
tax purposes; subtracting the first twenty thousand dollars of public retirement income from federal
adjusted gross income to the extent included in federal gross income for federal income tax
purposes"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Mahan:
H. B. 4646 - "A Bill to amend and reenact §48-27-502 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §48-27-703, all
relating to providing for mandatory domestic violence education; establishing a Domestic Violence
Officer Program"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 4647 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §30-5A-1, §30-5A-2, §30-5A-3, §30-5A-4, §30-5A-5, §30-5A-6
and §30-5A-7, all relating to illegal Internet pharmacies; and providing for criminal penalties and
fines"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss :
H. B. 4648 - "A Bill to amend and reenact §30-3-10 of the Code of West Virginia, 1931, as
amended, relating to granting the board of medicine flexibility under special circumstances to issue
a license to applicants who otherwise do not meet the requirement of the article"; to the Committee
on Government Organization.
By Mr. Speaker, Mr. Kiss:
H. B. 4649 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-13A-26, relating to a one-time assessment for public service
districts"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss:
H. B. 4650 - "A Bill to amend and reenact §5-10-25 of the Code of West Virginia, 1931, as
amended, relating to deleting the provision that requires reduction of disability retirement when a
person attains the age of sixty-five"; to the Committee on Pensions and Retirement then Finance.
By Mr. Speaker, Mr. Kiss:
H. B. 4651 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18B-11B-1, §18B-11B-2, §18B-11B-3, §18B-11B-4, §18B-11B-5
and §18B-11B-6, all relating to continuing the statewide poison center generally; setting forth
legislative findings; providing for the continuation of the poison center as the West Virginia Poison
Control Center; requiring certification; establishing an advisory board; providing for an annual
report; setting forth certain responsibilities of the West Virginia Poison Control Center; setting forth
certain powers and responsibilities of the director of the center; and providing for general immunity
for the center and its employees for actions taken in good faith"; to the Committee on Government
Organization.
By Delegate Staton:
H. B. 4652 - "A Bill to amend the Code of West Virginia, 1931, as amended, by amending
and reenacting §48-8-101, relating to the termination of alimony upon the death of the payor or
payee, or the remarriage of the payee, in the absence of an agreement or court order"; to the
Committee on the Judiciary.
By Delegates Staton, Browning and Varner:
H. B. 4653 - "A Bill to amend and reenact §16-13A-25 of the Code of West Virginia, 1931,
as amended: and to amend and reenact §24-2-11 of said code, all relating to modifying the review
by the Public Service Commission of public convenience and necessity applications where the
project has been approved by Infrastructure and Jobs Development Council; providing that
infrastructure and jobs development council approved projects receiving a certificate of public
convenience may not be compelled to reopen"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4654 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5-16D-1, §5-16D-2, §5-16D-3, §5-16D-4, §5-16D-5 and §5-16D-
6, all relating to the West Virginia Retiree Health Benefit Trust Fund, providing for retiree post-
employment health care benefits, operation and funding"; to the Committee on Health and Human
Resources then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4655 - "A Bill to amend and reenact §5A-6-1, §5A-6-2, §5A-6-4, §5A-6-5 and §5A-6-
6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three
new sections, designated §5A-6-4a, §5A-6-4b and §5A-6-9, all relating to the office of technology;
making legislative findings; defining certain terms; detailing duties, powers, and authority of the
chief technology officer; establishing a project management office; requiring state spending units
to provide notice and obtain approval of Chief Technology Officer for certain information
technology and telecommunication projects; and establishing and providing the administration for the West Virginia Technology Infrastructure Fund"; to the Committee on Government Organization
then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4656 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §33-25G-1, §33-25G-2, §33-25G-3, §33-25G-4, §33-25G-5, §33-
25G-6, §33-25G-7, §33-25G-8, §33-25G-9, §33-25G-10, §33-25G-11, §33-25G-12, §33-25G-13 and
§33-25G-14, all relating to pharmacy benefit managers; requiring licensure, providing requirements
for license application; defining terms; requiring certain disclosures; establishing fees; requiring
retention of records; providing for annual statement; authorizing access to records; establishing
special revenue account; providing for confidentiality of information; establishing penalties for
violations; authorizing promulgation of rules; requiring annual report to the Legislature and
Governor; and setting effective date"; to the Committee on Health and Human Resources then
Finance.
By Delegates DeLong, Tucker, Hrutkay, Barker, Caputo, Marshall, Fragale, Eldridge,
Miley and Moore:
H. B. 4657 - "A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as
amended, relating to raising the ?years of service? supplemental salary increase for public
employees"; to the Committee on Finance.
Consent Calendar
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2548, The Diabetes Care Plan Act,
Com. Sub. for H. B. 4291, Relating to the consideration of aggravated circumstances of
neglect and abuse committed against children in the same household or blended family,
Com. Sub. for H. B. 4481, Establishing a permissive provision for using ballot-scanning
devices for election night tabulations,
And,
H. B. 4550, Clarifying current law requiring legislative approval of final designation of
streams of special concern.
On the passage of the bills, the yeas and nays were taken (Roll No. 122), and there were--yeas
96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (Com. Sub. for H. B. 2548, Com. Sub. for H. B. 4291, Com. Sub. for H. B. 4481
and H. B. 4550) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on Consent Calendar bills and request concurrence therein.
Second Reading
H. B. 4116, Increasing the amount of timber that can be sold on state Wildlife Management
Areas, without sealed bids, from $500 to $5,000; on second reading, coming up in regular order, was
read a second time.
An amendment, recommended by the Committee on Agriculture and Natural Resources
Committee, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-7. Additional powers, duties and services of director.
In addition to all other powers, duties and responsibilities granted and assigned to the director
in this chapter and elsewhere by law, the director is hereby authorized and empowered to:
(1) With the advice of the commission, prepare and administer, through the various divisions
created by this chapter, a long-range comprehensive program for the conservation of the natural
resources of the state which best effectuates the purpose of this chapter and which makes adequate
provisions for the natural resources laws of the state;
(2) Sign and execute in the name of the state by the "Division of Natural Resources" any
contract or agreement with the federal government or its departments or agencies, subdivisions of
the state, corporations, associations, partnerships or individuals;
(3) Conduct research in improved conservation methods and disseminate information matters
to the residents of the state;
(4) Conduct a continuous study and investigation of the habits of wildlife, and for purposes
of control and protection, to classify by regulation the various species into such categories as may
be established as necessary;
(5) Prescribe the locality in which the manner and method by which the various species of
wildlife may be taken, or chased, unless otherwise specified by this chapter;
(6) Hold at least six meetings each year at such time and at such points within the state, as
in the discretion of the natural resources commission may appear to be necessary and proper for the
purpose of giving interested persons in the various sections of the state an opportunity to be heard concerning open season for their respective areas, and report the results of the meetings to the natural
resources commission before such season and bag limits are fixed by it;
(7) Suspend open hunting season upon any or all wildlife in any or all counties of the state
with the prior approval of the Governor in case of an emergency such as a drought, forest fire hazard
or epizootic disease among wildlife. The suspension shall continue during the existence of the
emergency and until rescinded by the director. Suspension, or reopening after such suspension, of
open seasons may be made upon twenty-four hours' notice by delivery of a copy of the order of
suspension or reopening to the wire press agencies at the State Capitol;
(8) Supervise the fiscal affairs and responsibilities of the division;
(9) Designate such localities as he or she shall determine to be necessary and desirable for
the perpetuation of any species of wildlife;
(10) Enter private lands to make surveys or inspections for conservation purposes, to
investigate for violations of provisions of this chapter, to serve and execute warrants and processes,
to make arrests and to otherwise effectively enforce the provisions of this chapter;
(11) Acquire for the state in the name of the 'Division of Natural Resources' by purchase,
condemnation, lease or agreement, or accept or reject for the state, in the name of the Division of
Natural Resources, gifts, donations, contributions, bequests or devises of money, security or
property, both real and personal, and any interest in such property, including lands and waters, which
he or she deems suitable for the following purposes:
(a) For state forests for the purpose of growing timber, demonstrating forestry, furnishing or
protecting watersheds or providing public recreation;
(b) For state parks or recreation areas for the purpose of preserving scenic, aesthetic, scientific, cultural, archaeological or historical values or natural wonders, or providing public
recreation;
(c) For public hunting, trapping or fishing grounds or waters for the purpose of providing
areas in which the public may hunt, trap or fish, as permitted by the provisions of this chapter, and
the rules issued hereunder;
(d) For fish hatcheries, game farms, wildlife research areas and feeding stations;
(e) For the extension and consolidation of lands or waters suitable for the above purposes by
exchange of other lands or waters under his or her supervision;
(f) For such other purposes as may be necessary to carry out the provisions of this chapter;
(12) Capture, propagate, transport, sell or exchange any species of wildlife as may be
necessary to carry out the provisions of this chapter;
(13) Sell with the approval in writing of the governor, timber for not less than the value
thereof, as appraised by a qualified appraiser appointed by the director, from all lands under the
jurisdiction and control of the director, except those lands that are designated as state parks and those
in the Kanawha State Forest. The appraisal shall be made within a reasonable time prior to any sale,
reduced to writing, filed in the office of the director and shall be available for public inspection.
When the appraised value of the timber to be sold is more than five hundred dollars, the director,
before making sale thereof, The director must obtain the written permission of the Governor to sell
timber when the appraised value is more than five thousand dollars. The director shall receive sealed
bids therefor, after notice by publication as a Class II legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and the publication area for such
publication shall be each county in which the timber is located. The timber so advertised shall be sold at not less than the appraised value to the highest responsible bidder, who shall give bond for
the proper performance of the sales contract as the director shall designate; but the director shall have
the right to reject any and all bids and to readvertise for bids. If the foregoing provisions of this
section have been complied with, and no bid equal to or in excess of the appraised value of the
timber is received, the director may, at any time, during a period of six months after the opening of
the bids, sell the timber in such manner as he or she deems appropriate, but the sale price shall not
be less than the appraised value of the timber advertised. No contract for sale of timber made
pursuant to this section shall extend for a period of more than ten years. And all contracts heretofore
entered into by the state for the sale of timber shall not be validated by this section if the same be
otherwise invalid. The proceeds arising from the sale of the timber so sold, shall be paid to the
Treasurer of the State of West Virginia, and shall be credited to the division and used exclusively
for the purposes of this chapter: Provided, That nothing contained herein shall prohibit the sale of
timber which otherwise would be removed from rights-of-way necessary for and strictly incidental
to the extraction of minerals;
(14) Sell or lease, with the approval in writing of the Governor, coal, oil, gas, sand, gravel
and any other minerals that may be found in the lands under the jurisdiction and control of the
director, except those lands that are designated as state parks. The director, before making sale or
lease thereof, shall receive sealed bids therefor, after notice by publication as a Class II legal
advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and
the publication area for such publication shall be each county in which such lands are located. The
minerals so advertised shall be sold or leased to the highest responsible bidder, who shall give bond
for the proper performance of the sales contract or lease as the director shall designate; but the director shall have the right to reject any and all bids and to readvertise for bids. The proceeds
arising from any such sale or lease shall be paid to the Treasurer of the State of West Virginia and
shall be credited to the division and used exclusively for the purposes of this chapter;
(15) Exercise the powers granted by this chapter for the protection of forests, and regulate
fires and smoking in the woods or in their proximity at such times and in such localities as may be
necessary to reduce the danger of forest fires;
(16) Cooperate with departments and agencies of state, local and federal governments in the
conservation of natural resources and the beautification of the state;
(17) Report to the Governor each year all information relative to the operation and functions
of the division and the director shall make such other reports and recommendations as may be
required by the Governor, including an annual financial report covering all receipts and
disbursements of the division for each fiscal year, and he or she shall deliver such report to the
Governor on or before the first day of December next after the end of the fiscal year so covered. A
copy of such report shall be delivered to each house of the Legislature when convened in January
next following;
(18) Keep a complete and accurate record of all proceedings, record and file all bonds and
contracts taken or entered into, and assume responsibility for the custody and preservation of all
papers and documents pertaining to his or her office, except as otherwise provided by law;
(19) Offer and pay, in his or her discretion, rewards for information respecting the violation,
or for the apprehension and conviction of any violators, of any of the provisions of this chapter;
(20) Require such reports as he or she may deem to be necessary from any person issued a
license or permit under the provisions of this chapter, but no person shall be required to disclose secret processes or confidential data of competitive significance;
(21) Purchase as provided by law all equipment necessary for the conduct of the division;
(22) Conduct and encourage research designed to further new and more extensive uses of the
natural resources of this state and to publicize the findings of such research;
(23) Encourage and cooperate with other public and private organizations or groups in their
efforts to publicize the attractions of the state;
(24) Accept and expend, without the necessity of appropriation by the Legislature, any gift
or grant of money made to the division for any and all purposes specified in this chapter, and he or
she shall account for and report on all such receipts and expenditures to the Governor;
(25) Cooperate with the state historian and other appropriate state agencies in conducting
research with reference to the establishment of state parks and monuments of historic, scenic and
recreational value, and to take such steps as may be necessary in establishing such monuments or
parks as he or she deems advisable;
(26) Maintain in his or her office at all times, properly indexed by subject matter, and also,
in chronological sequence, all rules and regulations made or issued under the authority of this
chapter. Such records shall be available for public inspection on all business days during the
business hours of working days;
(27) Delegate the powers and duties of his or her office, except the power to execute
contracts, to appointees and employees of the division, who shall act under the direction and
supervision of the director and for whose acts he or she shall be responsible;
(28) Conduct schools, institutions and other educational programs, apart from or in
cooperation with other governmental agencies, for instruction and training in all phases of the natural resources programs of the state;
(29) Authorize the payment of all or any part of the reasonable expenses incurred by an
employee of the division in moving his or her household furniture and effects as a result of a
reassignment of the employee: Provided, That no part of the moving expenses of any one such
employee shall be paid more frequently than once in twelve months; and
(30) Promulgate rules, in accordance with the provisions of chapter twenty-nine-a of this
code, to implement and make effective the powers and duties vested in him or her by the provisions
of this chapter and take such other steps as may be necessary in his or her discretion for the proper
and effective enforcement of the provisions of this chapter."
The bill was then ordered to engrossment and third reading.
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 4283, Providing a preference to West Virginia veterans in the awarding of state
contracts in the competitive bidding process,
And,
H. B. 4470, Updating the definition of "medicare supplement policy
"
.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 4253, Removing the requirement for dual membership of certain higher
education governing board chairs,
H. B. 4383, Continuing the pilot program offered through a Community Access Program to coordinate health care provider reimbursements indefinitely as determined by the insurance
commissioner,
H. B. 4386, Ratifying the National Crime Prevention and Privacy Compact,
Com. Sub. for H. B. 4488, Creating a commission to complete a comprehensive study of
the state's behavioral health system,
Com. Sub. for H. B. 4489, Testing of electronic voting machines used for early voting in
order to allow their use on election day,
Com. Sub. for H. B. 4491, Establishing the third week of October as Disability History
Week for the State of West Virginia,
And,
H. B. 4603, Authorizing rules for the Higher Education Policy Commission and the West
Virginia Council for Community and Technical College Education regarding authorization of degree
granting institutions.
Special Calendar
Third Reading
Com. Sub. for H. B. 3258, Permitting the sale of nonintoxicating beer within a certain
distance from a church that consents to the sale;
on third reading, coming up in regular order, with
the right to amend, was reported by the Clerk.
Delegates
Carmichael, Ellem, Overington, Leggett, Tansill, Lane, Romine, Trump, Rowan,
Blair, Sumner, Porter, Schoen, Anderson, Border, Ashley, Canterbury, Hamilton, Howard, Sobonya,
Frich, Armstead, Azinger, Evans, Roberts, Schadler, Louisos and Walters moved to amend the bill
on page six, section eight, line ninety-two , following the word "That", by inserting the words "for applications for licenses filed for periods beginning after the thirtieth day of June, two thousand six,
measurement of the three hundred foot distance between the place or building in which the applicant
proposes to do business and any church, shall be by the closest property boundaries rather than from
the front door to front door: Provided however, That",
And,
On page six, section eight, line ninety-five, by striking out the word "however" and inserting
in lieu thereof the word "further".
On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 127), and there were--yeas
45, nays 52, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael,
DeLong, Duke, Eldridge, Ellem, Ennis, Evans, Fragale, Frich, Hall, Hamilton, Hartman, Hatfield,
Howard, Lane, Leggett, Louisos, Miley, Overington, Palumbo, Porter, Roberts, Romine, Rowan,
Schadler, Schoen, Sobonya, Stephens, Stevens, Sumner, Susman, Tabb, Tansill, Thompson, Rick,
Trump, Tucker, Walters and Wysong.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
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. 128),
and there were--yeas 61, nays 35, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Blair, Border, Cann, Carmichael, Ellem, Ennis, Fragale, Frich,
Hamilton, Howard, Iaquinta, Lane, Leggett, Louisos, Miley, Overington, Paxton, Poling, Porter,
Roberts, Romine, Schadler, Schoen, Sobonya, Stephens, Stevens, Sumner, Susman, Tabb, Tansill,
Thompson, Rick, Tucker and Walters.
Absent And Not Voting: Brown, Ferrell, Moore 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. 3258) 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. 4018, Relating to the community corrections subcommittee of the Governor's
Committee on Crime, Delinquency and Correction;
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. 129),
and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Schadler and Schoen.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4018) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 130), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Schoen.
Absent And Not Voting: Brown, Ferrell and Moore.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4018) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4075, Relating to the dedication of moneys to the Regional Jail Partial Reimbursement
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. 131),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4075) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 132), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Ferrell and Moore.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4075) 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.
Com. Sub. for H. B. 4243, Relating to salvage certificates for certain wrecked vehicles; 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. 133),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Lane.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub for H. B. 4243) 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. 4341, Requiring that instructional support and enhancement days are held twice before
December thirty-first, and three times after January first of the instructional term; on third reading,
coming up in regular order, was, on motion of Delegate Staton, laid over one day.
H. B. 4406, Removing the requirement to evaluate certain classroom teachers at least every
three years; 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. 134),
and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Armstead, Ashley, Carmichael, Lane, Overington, Schadler and Walters.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4406) 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. 4458, Relating to the sale of bulk data in electronic format from the Uniform
Commercial Code and Corporation Data Bases; 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. 135),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4458) 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. 4479, Relating to Manufactured Housing Construction and Safety Standards; 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. 136),
and there were--yeas 87, nays 10, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Blair, Frich, Hall, Lane, Louisos, Rowan, Sobonya, Stevens, Sumner and Walters.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4479) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 137), and there were--yeas 87, nays
10, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Blair, Carmichael, Frich, Hall, Lane, Louisos, Sobonya, Stevens, Sumner and Walters.
Absent And Not Voting: Brown, Ferrell and Moore.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4479) 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.
Com. Sub. for H. B. 4483, Making the use of a fictitious name in the conduct of business
with intent to misrepresent the geographic origin or location of the business an Unfair Trade
Practice; 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. 138),
and there were--yeas 79, nays 18, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Armstead, Ashley, Blair, Carmichael, Hall, Lane, Louisos, Miley, Overington, Porter,
Roberts, Schoen, Sobonya, Sumner, Tansill, Trump, Wakim and Walters.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4483) 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
H. B. 4522, Removing the Commissioner of Insurance as the attorney in fact for HMO's for
service of process purposes; on second reading, coming up in regular order, was, on motion of
Delegate Staton, laid over one day.
First Reading
Com. Sub. for H. B. 4256, Providing a procedure for removal of county, district or
municipal officers; 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 Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Brown, Ferrell and Moore.
Miscellaneous Business
Delegate Beach announced that he was absent on today when the vote was taken on Roll No.
122, and that had he been present, he would have voted "Yea" thereon.
The Clerk received a communication from the Speaker, appointing members of the Select
Committee on Mine Safety Issues, heretofore created by resolution of the House, which members
were as follows:
Delegates Kominar (Chair), Hamilton, Browning, Boggs, Craig, Moore, Frederick, Caputo,
Stevens, Lane, Porter and Armstead.
At 3:07 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 21, 2006.