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Monday, February 13, 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 10, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. R. 12, Declaring that the Engineering Program of the West Virginia University of Technology should remain in Montgomery,
And,
H. C. R. 31, Requesting the Division of Highways to name a portion of Sago Road in Upshur County the "Coal Miner's Memorial Roadway",
And reports the same back with the recommendation that they each be adopted.
On motion for leave, a resolution was introduced (Originating in the Committee on Rules and reported with the recommendation that it be adopted), which was read by its title as follows:
By Mr. Speaker, Mr. Kiss:

H. R. 14 - "Creating a Select Committee on Mine Safety Issues.
Resolved by the House of Delegates:
That for the remainder of the Second Regular Session of the 77th Legislature, there is hereby created a Select Committee on Mine Safety Issues, consisting of not more than fifteen members of the House of Delegates, to be appointed by the Speaker. Notwithstanding the provisions of any House Rule to the contrary, the Select Committee hereby created shall have jurisdiction of any and all legislative proposals to propose, revise and recodify the statutory provisions, including, but not limited to: (1) Response and recovery; (2) State-supported disaster recovery teams; and (3) technology currently available or to be available to assist in timely and effective recovery efforts.
The rules of the House governing Standing Committees shall govern the actions and proceedings of this Select Committee insofar as applicable.
Messages from the Senate

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. 270 - "A Bill to amend and reenact §31A-3-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31A-3-5, all relating to the appointment of members of banking institutions to the Board of Banking and Financial Institutions; qualifications of members appointed to represent the public on the board; and continuing the Board of Banking and Financial Institutions"; which was referred to the Committee on Banking and Insurance then Government Organization.
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. 462 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-1B-8, relating to filing interstate compacts in the office of the Secretary of State; time for filing; additional information required; indexing documents; public inspection of compacts; and compacts entered into prior to effective date of this section to be filed"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 505 - "A Bill to extend the time for the city council of Fairmont, Marion County, to meet as a levying body for the purpose of presenting to the voters of the city an election for a municipal excess levy for purposes of providing funding for the operation, maintenance and repair of the streets and roadways of the city of Fairmont from between the seventh and twenty-eighth days of March and the third Tuesday in April until the nineteenth day of May, two thousand six"; which was referred to the Committee on Political Subdivisions then the Judiciary.
Resolutions

Delegates Talbott, Hamilton, Argento, Armstead, Ashley, Azinger, Barker, Beane, Blair, Boggs, Brown, Browning, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Crosier, DeLong, Duke, Eldridge, Ellem, Ennis, Evans, Fragale, Frederick, Hartman, Hatfield, Houston, Howard, Hrutkay, Hunt, Iaquinta, Lane, Leach, Leggett, Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Miley, Moore, Morgan, Overington, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Rowan, Schadler, Sobonya, Spencer, Stalnaker, Staton, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb, Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wakim, Walters, Webster, Wells, G. White, Williams, Wysong and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 43 - "Requesting the Division of Highways name the bridge on State Route 20 that spans the Little Kanawha River at the Upshur/Webster County Line, the 'Jerry Lee Groves and Thomas Paul Anderson Memorial Bridge'."
Whereas, The miners who did not survive the disaster at the Sago Mine were fathers, sons and husbands, and most of them had labored in the coal mines all their adult lives following their fathers and grandfathers into an occupation that is inherently dangerous, but which offered a choice for a better future; and
Whereas, The notes left for their families and friends by the men who lost their lives makes us all aware of the strength that faith in God gives us and the courage to labor for the benefit of our country in an extremely dangerous environment where the sun never shines; and
Whereas, Every household and business in the country relies, to some degree, on coal generated electric power which is essential to the economic viability of our nation; and
Whereas, West Virginians are familiar with loss of life from mining disasters, and it is imperative that the loss of these miners demand better methods to protect and rescue those who survive; and
Whereas, Jerry and Tom died while engaged in an honorable and difficult occupation with ten of their fellow miners, with dignity and with grace, but before their time; and
Whereas, We should remember and honor Jerry and Tom and the miners that died at Sago, and, we must also remember not only the wives, sons, daughters, parents and family members who survived, but the friends, neighbors and West Virginians that all lived through this tragic occurrence; and
Whereas, We should remember (Psalm 78:6), "That the generations to come might know", that by dedicating this bridge and naming it in honor of Jerry Groves and Tom Anderson that it will serve as a marker for this state and country to begin the process of making coal mining a less dangerous occupation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on State Route 20 that spans the Little Kanawha River at the Upshur/Webster County Line, the "Jerry Lee Groves and Thomas Paul Anderson 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 "Jerry Lee Groves and Thomas Paul Anderson Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Division of Highways, and to the families of Jerry Groves and Tom Anderson.

Delegates Eldridge, Butcher, Hrutkay and Barker offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 44 - "Requesting the Division of Highways to name the truss bridge at Midkiff, Lincoln County, the 'Sanders Brothers Veterans Bridge'."
Whereas, The brothers, Wetzel Sanders and Howard Sanders, are lifelong residents of Midkiff, Lincoln County, and represent the patriotic spirit of all the citizens of Lincoln County who have unselfishly and bravely served this country in the armed services in the time of war; and
Whereas, Wetzel Sanders was born July 25, 1923, in Midkiff, and is the only Pearl Harbor survivor in Lincoln County; and
Whereas, Wetzel Sanders served in both the United States Army and Marine Corps, including action in combat in Pearl Harbor, the Fiji Islands, Guadalcanal and Bougainville. He was awarded the American Defense Medal with three bronze battle stars and the World War II Victory Medal; and
Whereas, Wetzel Sanders is a member of the Veterans of Foreign Wars, the American Legion and a Member of the Pearl Harbor Survivors Unit. He was instrumental in the renaming of I-77 north of Charleston, West Virginia the "Pearl Harbor Survivor Highway." He attended the 60th Pearl Harbor Reunion in Hawaii in 2000. He retired from the West Virginia Division of Highways and is currently transporting passengers for Tri River Transit at the age of 82. He is Married to Kathleen; and
Whereas, Howard Sanders served in the United States Navy during World War II and fought in battles in Saipan, Guam, Palau, Titan and Leyte Gulf; and
Whereas, Howard Sanders was stationed on the Aircraft Carrier U.S.S. Kalinin Bay CVE 68. He received the American Area Ribbon, the Presidential Unit Badge, the Philippine Liberation with one battle star medal, the Asiatic-Pacific Area Ribbon, the Victory Medal, World War II medal, Philippine Republic Presidential Citation Badge. He is a retired businessman who still resides in Midkiff with his wife, Aileen; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the truss bridge at Midkiff, Lincoln County, West Virginia, the "Sanders Brothers Veterans Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be manufactured appropriate signs with the prominent display of the words "Sanders Brothers Veterans Bridge" and to erect the sign at either end of the truss bridge at Midkiff, Lincoln County, West Virginia; 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 and to the brothers, Wetzel Sanders and Howard Sanders.
Delegates Caputo, Manchin and Longstreth offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 45 - "Requesting the West Virginia Division of Highways to designate and name the new bridge located near Mannington, Marion County, off U.S. Route 250 and now known as the Pine Grove Bridge, the 'William Calvin Sandy Bridge'."
Whereas, William Calvin Sandy served the State of West Virginia and the Department of Highways for twenty-six and one-half years first as a construction project supervisor and rising to Assistant Director of Construction responsible for highway construction in the northern half of this state and eventually serving as a Regional Construction Engineer, Director of the Procedures Compliance Evaluation Division and Bond Fund Program Engineer. His work included supervision of the Interstate 70, Wheeling Tunnel, Interstate 77, U.S. 50 and U.S. 179 projects; and
Whereas, William Calvin Sandy was born in the Marion County Sheriff's residence adjoining the Marion County Courthouse (now the Marion County Historical Society Museum) Fairmont, West Virginia, on April 3, 1913, the eldest son of Sheriff Arch F. Sandy and his wife Nannie M. Conaway Sandy; and
Whereas, William Calvin Sandy is married to Helen Sandy and he is the father of one daughter, Mary Sue Malvin and three step-daughters, Anna Lee Gillett, Janet Sue Hass and Mary Lou Nethken; and
Whereas, William Calvin Sandy graduated from Barrackville High School in 1929, attended the West Virginia University College of Engineering from 1929 to 1932 and received a Regents AB Degree from Fairmont State College in 1977, where he taught classes in surveying, building codes and construction specifications. He also passed the West Virginia professional engineers examination in October, 1950, and received his registration certificate as a professional engineer; and
Whereas, The life, dedication, contributions to his country, state, community and family and the engineering accomplishments of William Calvin Sandy, a true Mountaineer and great American, should be recognized; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to designate and name the new bridge located near Mannington, Marion County, off U.S. Route 250 and now known as the Pine Grove Bridge the "William Calvin Sandy 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 and the family of William Calvin Sandy.
Delegate Hrutkay offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 46 - "Requesting the Division of Highways name the bridge spanning the Guyandotte River, currently referred to as the "Henlawson Thru Truss Bridge" located on County Route 12/4 at mile post 0.05, the 'Robert T. (Bob) Carper Vietnam Veteran Bridge'."
Whereas, Among his many endeavors and activities in life, Robert T. "Bob" Carper was a devoted citizen, soldier, husband, father, active veteran and Christian; and
Whereas, From March 1965 to March, 1969, he unselfishly and courageously served as a United States Marine for two tours of duty in Vietnam, achieving and being honored with the Navy Achievement Medal with Combat "V" for service, the Combat Action Ribbon for service in Vietnam, the Presidential Unit Citation awarded to 3rd Marine Division for Service in Vietnam, the Navy Unit Commendation awarded to Task Force Yankee for service in Vietnam, the National Defense Service Medal, the Vietnam Service Medal with one silver star, the Republic of Vietnam Meritorious Unit Citation for gallantry under fire, and the Republic of Vietnam Campaign Medal; and
Whereas, Robert T. "Bob" Carper was a life member of the Vietnam Veterans of America, Norman R. Miller Chapter where he served variously as first Vice President and Treasurer; and
Whereas, Robert T. "Bob" Carper was absolutely dedicated to veterans' causes, routinely working tirelessly to promote and advance worthwhile endeavors on behalf of veterans; a sampling of his many veteran-related activities included bringing the Traveling Vietnam Memorial to Logan, maintaining the Veterans Memorial Doughboy statue in Logan in an honored fashion, working with the Huntington Veterans Administration Hospital and the Regional Office of Veterans Affairs in hosting a "stand down" in an effort to secure health care benefits as well as the basic necessities of food and clothing for homeless veterans; and
Whereas, The passing of this tireless and dedicated veteran's life from the earthly bonds of this world leaves behind a proud and distinguished legacy upon which family and friends may find solace, and from which fellow veterans and fellow citizens will find an example worthy of emulation; and
Whereas, As a small token of this collective legislative bodies' gratitude and recognition for this dedicated soldier and veteran's good works and patriotic spirit, it is hereby decreed that the Division of Highways shall name the bridge spanning the Guyandotte River, currently referred to as the "Henlawson Thru Truss Bridge," located on County Route 12/4 at mile post 0.05, the "Robert T. (Bob) Carper Vietnam Veteran Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge currently referred to as the "Henlawson Thru Truss Bridge" located on County Route 12/4 at mile post 0.05, the "Robert T. (Bob) Carper Vietnam Veteran 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 "Robert T. (Bob) Carper Vietnam Veteran Bridge"; 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. Carper, including his wife Sandy, his two sons, Tom of St. Albans and Jason of Carmel, California, and his daughter, Leah Carper of Henlawson and the Vietnam Veterans of America, Norman R. Miller Chapter.
Delegates Carmichael, Walters, Palumbo, Wells, Hunt and Webster offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 47 - "Requesting the Commissioner of the Division of Highways to name the recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the 'Dewey Russell Crowder Bridge'."
Whereas, Dewey Russell Crowder lived on Douglas Branch off Frame Road near Elkview at the time he entered the Army; and
Whereas, Dewey Russell Crowder was killed in action on November 22, 1944, near the Elbe River in Germany while serving with General George S. Patton's 3rd Army in World War II; and
Whereas, Dewey Russell Crowder was only 19 years old when he paid the ultimate price in defense of his country; and
Whereas, Dewey Russell Crowder and others like him who made the supreme sacrifice to preserve our country's freedom are worthy of our deepest gratitude and remembrance; and
Whereas, It is only fitting that the new bridge on Frame Road near Dewey Russell Crowder's childhood home be named in his honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the "Dewey Russell Crowder Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge as the "Dewey Russell Crowder 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 and to the surviving family of Dewey Russell Crowder.
Delegates Stevens, Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Caputo, Carmichael, Ellem, Evans, Fragale, Frederick, Frich, Hall, Hamilton, Houston, Howard, Lane, Leggett, Long, Longstreth, Mahan, Manchin, Marshall, Martin, Overington, Paxton, Poling, Porter, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Stephens, Stevens, Sumner, Tansill, Trump, Wakim, Walters and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 48 - "Requesting the Division of Highways to name the bridge which exits Davis in Tucker County, located on Route 32, the 'Thomas Patrick Memorial Bridge'."
Whereas, Thomas P. Patrick, DDS, originally from Charleston, transplanted his roots to Davis in Tucker County where he lived the most significant portion of his life, prospering in business while exhibiting exceptional leadership attributes as a Boy Scout Leader and board member of the Tucker Community Endowment Foundation; and
Whereas, Thomas P. Patrick, a devoted husband and father, lusted for life and was one of those most rare of individuals, achieving his greatest enjoyment by observing the happiness and well- being of others, while encouraging them to live their lives to the fullest extent; and
Whereas, Thomas P. Patrick's vivaciously optimistic persona remained remarkably resilient and intact, even to the end, after being stricken and consumed in the wretched throes of Lou Gehrig's disease; and
Whereas, It is a fitting tribute to the life and times of this indomitably free and soaring- spirited man's legacy to name the bridge located on Route 32 in Davis, Tucker County, "the Thomas Patrick Memorial Bridge;" therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is here by requested to name the bridge which exits Davis in Tucker County, located on Route 32, be named "the Thomas Patrick Memorial Bridge;" and, be it
Further Resolved, That the Division of Highways place signs at each entrance of that bridge containing in bold and prominent fashion, the words "The Thomas Patrick Memorial Bridge;" and, be it
Further Resolved, That a certified copy of this resolution be provided to Dr. Patrick's children, Erin, Keri, Anna and Matthew - to his beloved and surviving spouse, Donna, and to the Division of Highways.
Delegates Kominar and H. White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 49 - "Requesting the Division of Highways name the bridge at the junction of Route 65 and Route 49 in Matewan, Mingo County, the 'Earl Stafford Memorial Bridge'."
Whereas, In the early 1960s, Earl Stafford, unselfishly and in the interest of his fellow coal miners, underwent dangerous and vigorous medical testing to help determine the cause and effects of pneumoconiosis; and
Whereas, As is known today, this chronic disease of the lungs is an occupational disease which, in the case of Earl Stafford, is the result of repeated inhalation of coal dust; and
Whereas, The tests and studies that Earl Stafford permitted to be performed on him to determine the effects of pneumoconiosis have helped develop treatment for the disease as well as allow coal miners to receive compensation; and
Whereas, It is fitting that a lasting tribute be made to the memory of Earl Stafford; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge at the junction of Route 65 and Route 49 in Matewan, Mingo County, the "Earl Stafford 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 "Earl Stafford Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.
Delegates Kominar and H. White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 50 - "Requesting the Division of Highways name the bridge on U. S. Route 119 at Miller's Creek, Mingo County, also known as the North Nolan Bridge, the 'Arnold J. Starr Memorial Bridge'."
Whereas, Arnold J. Starr was born January 22, 1906, the son of Minnis and Nancy Marcum Starr; and
Whereas, Arnold J. Starr knew the importance of education. He attended Morehead State University in Kentucky, Concord College in Athens, Mercer County, and graduated with a degree in Early Childhood Education from Marshall University; and
Whereas, Arnold J. Starr was an educator in Mingo County and served as principal of Naugatuck Grade School and Red Jacket Junior High School. He also served as coach of the boys' basketball team; and
Whereas, In the 1940s, Arnold J. Starr purchased and operated a grocery store in Williamson until he was elected Mingo County Assessor, a position he held until January 1973. While serving as Assessor, he also served as President of the West Virginia County Officials Association and as a member of the West Virginia Assessors Association; and
Whereas, After leaving public service as an elected official, Arnold J. Starr continued to serve his community as an ordained minister. He also served the State of West Virginia in the National Guard where he obtained the rank of 1st Lieutenant. He was very active in a number of civic-minded organizations as well; and
Whereas, It is fitting that a lasting tribute be established to recognize the outstanding dedication and commitment Arnold J. Starr made to the State of West Virginia as an educator, elected county official and minister; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on U. S. Route 119 at Miller's Creek, Mingo County, also known as the North Nolan Bridge, the "Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways be requested to have made and be placed signs identifying the bridge as the "Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.
Delegates Wysong, Tabb and Doyle offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 16 - "Acknowledging the intrinsic value of Happy Retreat as a historical landmark, and expressing support for the efforts of the City of Charles Town to acquire Happy Retreat from its willing seller."
Whereas, Happy Retreat, located in Charles Town, Jefferson County, West Virginia was the home of Charles Washington, founder of the City of Charles Town; and
Whereas, Charles Washington was the brother of our nation's first President, George Washington; and
Whereas, The original home was built in 1780 and both Charles Washington and his wife, Mildred, are buried on the property; and
Whereas, Happy Retreat holds historic significance within the City of Charles Town, Jefferson County, the State of West Virginia and the United States of America; and
Whereas, Happy Retreat is located on the Washington Heritage Trail National Scenic Byway; and
Whereas, Heritage travel is one of the fastest growing segments of the national tourism and travel industry, and heritage travelers tend to stay longer and spend more money than other tourists; and
Whereas, The City of Charles Town is seeking to preserve this historic property as a heritage center or park; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby acknowledges the intrinsic value of Happy Retreat as a historical landmark, and expresses support for the efforts of the City of Charles Town to acquire Happy Retreat from its willing seller; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor.
Delegate Pino offered the following resolution, which was read by its title.
H. R. 17 - "Designating the month of March, 2006, as 'American Red Cross Month'."
Whereas, The American Red Cross was founded in 1881 by Clara Barton and chartered by the United States Congress in 1905; and
Whereas, From terrorist attacks in 2001, to record-breaking hurricanes in the south and fires in the west, disasters in America have challenged our nation; and
Whereas, The American Red Cross is recognized as a humanitarian organization that provides compassionate care in times of disaster; and
Whereas, American Red Cross volunteers from West Virginia responded to more than 700 disasters in 2005 by providing food, clothing, shelter and support to victims; and
Whereas, In West Virginia, the American Red Cross has trained nearly 65,000 people in life-saving techniques such as CPR, first aid, lifeguard training, water safety and HIV/AIDS education; and
Whereas, The American Red Cross recruits West Virginians to donate life-saving blood for medical treatments; and
Whereas, The American Red Cross could not supply the vital services it provides without the generous contributions from the American people; therefore, be it
Resolved by the House of Delegates:
That the House hereby designates the month of March, 2006, as "American Red Cross Month"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the appropriate representatives of the American Red Cross.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 17) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Petitions

Delegate Swartzmiller presented resolutions adopted by the Chester/Newell Chamber of Commerce and the Weirton Area Chamber of Commerce, urging the Legislature to pass H. B. 4314, Relating to local option elections on whether table games will be allowed at existing licensed pari-mutuel racetracks; which was referred to the Committee on the Judiciary.
Delegate Longstreth presented a petition signed by over nine thousand residents of the State expressing strong support and endorsement of the establishment of Miner's Day; which was referred to the Committee on the Judiciary.
Delegates Butcher, Eldridge, Hrutkay and Ferrell presented a petition signed by over six thousand residents of their area of the State, expressing strong support and endorsement of the enactment of H. B. 4528, providing for immunity from civil or criminal liability for defense of self, others and property; which was referred to the Committee on the Judiciary.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4500
- "A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; to amend and reenact §9A-1-5 of said code; to amend and reenact §15-2-2 of said code; to amend and reenact §16-5P-5 of said code; to amend and reenact §17-2A-3 of said code; to amend and reenact §19-1A-5 of said code; to amend and reenact §20-1-5 of said code; to amend and reenact §21-1-2 of said code; to amend and reenact §22-1-6 of said code; to amend and reenact §24-1-3 of said code; to amend and reenact §29-1-1 of said code; and to amend and reenact §60-2-9 of said code, all relating to compensation of state officials; providing for salary adjustments for certain appointive state officers; and adjusting annual stipend for the Chair of the Public Service Commission"; to the Committee on Finance.
By Delegates Fragale, DeLong, Martin, Louisos, Perry, Duke, Sumner and Paxton:
H. B. 4501
- "A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended, relating to increasing the compensation for aides and para-professionals with large numbers of pupils in kindergarten and grades one through six"; to the Committee on Education then Finance.
By Delegate Romine:
H. B. 4502
- "A Bill to amend the Code of West Virginia, 1931 as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion when the woman seeking it is doing so solely on account of the gender of the fetus; prescribing a criminal penalty for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Boggs, Perdue, Rick Thompson, Ashley, Barker, Varner and Craig:
H. B. 4503
- "A Bill to amend and reenact §61-2-29 of the Code of West Virginia, 1931, as amended, relating to increasing penalties for financial exploitation of an elderly person or incapacitated adult"; to the Committee on the Judiciary.
By Delegates Wells, Palumbo, Hatfield, Brown, Spencer, Hunt, Webster, Amores, Walters, Armstead and Craig:

H. B. 4504 - "A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931, as amended, relating to reverting the 911 fee on wireless telephones from three dollars to seventy-five cents; and reverting the distribution formula for 911 fees to the previous formula"; to the Committee on Political Subdivisions then Finance.
By Delegates Williams, Perry, Varner, Paxton, Stemple and Argento:
H. B. 4505
- "A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended, relating to providing a two thousand eight dollar salary increase for each employee of the Division of Corrections"; to the Committee on Finance.
By Delegates Williams, Perry, Varner, Paxton, Stemple and Argento:
H. B. 4506
- "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to reducing state income tax for state correctional officer retirees by exempting state correctional officers' retirement income from the federal adjusted gross income for calculating adjusted gross income for state income tax purposes"; to the Committee on Pensions and Retirement then Finance.
By Delegates Stephens, Eldridge, Howard and Sobonya:
H. B. 4507
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-42-1 and §16-42-2; and to amend and reenact §17A-3-14 of said code, all relating to establishing a "Choose Life" fund; providing for "Choose Life" license plates; providing that moneys in the "Choose Life" fund be used by the Director for the Bureau for Public Health to fund eligible private, nonprofit organizations that provide services to pregnant women who are planning to place their children for adoption"; to the Committee on Health and Human Resources then Finance.
By Delegate G. White:
H. B. 4508
- "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the issuance of a special Sons of the American Revolution license plate; and assessing a special initial application fee and a special annual fee for the license plate"; to the Committee on Roads and Transportation then Finance
By Delegates Roberts and Porter:
H. B. 4509
- "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to the issuance of a special registration plate for horse enthusiasts"; to the Committee on Roads and Transportation then Finance.
By Mr. Speaker, Mr. Kiss, and Delegates Beane, Amores, Browning, Campbell, Ennis, Staton, Ashley, Azinger, Ellem and G. White:

H. B. 4510 - "A Bill to amend and reenact §5-14-2, §5-14-3, §5-14-5 and §5-14-6 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Commission for the Deaf and Hard of Hearing generally; removing the requirement that the commission maintain a register of persons who are deaf or hard of hearing; removing the requirement that the commission conduct and maintain a census of both populations in West Virginia; clarifying the voting power of certain members of the commission; and making certain other technical changes"; to the Committee on Government Organization.
By Delegate Doyle:
H. B. 4511
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-20-3a, relating to expanding the definition of capital improvements and services which may be funded with county impact fees to include libraries, library services and affordable housing for individuals or families with low or moderate income"; to the Committee on Political Subdivisions then Finance.
By Delegate Doyle:
H. B. 4312
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-20-3a, relating to empowering certain county and municipalities to deny a development activity if adequate public facilities, assets and services are not available to support the activity; delegation of authority; and expanding the list of capital improvements and services which may be determined to be adequate to include libraries and library services"; to the Committee on Political Subdivisions then Finance.
By Delegate H. White:
H. B. 4513
- "A Bill to amend and reenact §33-4-8 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-41-8b; and to amend and reenact §33-41-11 of said code, all relating to insurance fraud; clarifying that the insurance code contains specific criminal penalties for felony offenses; authorizing certain employees of the fraud unit of the Insurance Commission to present criminal complaints directly to a magistrate; and extending the statute of limitations for certain misdemeanors involving insurance fraud"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Iaquinta, Argento, Barker, Hartman, Manchin, Crosier, Yost, Fragale,
Pethtel and Azinger:

H. B. 4514
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16C-9a, relating to providing unused, unexpired nonnarcotic drugs to free health care clinics in the state from deceased nursing home patients or residents with the consent of the family of the decedent"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Iaquinta, Fragale, Poling, Hartman, Trump, Miley, H. White, Michael, Campbell, Evans and Webster:

H. B. 4515 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-8-1b, relating to the denial of course credits for unexcused absences in school"; to the Committee on Education.
By Delegates Anderson and Border:
H. B. 4516
- "A Bill to amend and reenact §17B-3-3a, §17B-3-3c and §17B-3-4 of the Code of West Virginia, 1931, as amended, all relating to providing that accessible parking violations will be considered motor vehicle violations and criminal offenses for certain penalty and record keeping purposes"; to the Committee on the Judiciary.
By Delegate Amores:
H. B. 4517
- "A Bill to amend and reenact §3-1-30 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-2-6 of said code, all relating to changing the nomination process for election officials; and changing the registration deadline for voting eligibility"; to the Committee on the Judiciary.
By Delegates Caputo, DeLong, Martin, Louisos, Paxton, Perry, Duke and Sumner:
H. B. 4518
- "A Bill to amend and reenact §18A-4-8g of the Code of West Virginia, 1931, as amended, relating to substitute service personnel seniority"; to the Committee on Education then Finance.
By Delegate Louisos:
H. B. 4519
- "A Bill to amend and reenact §11-19-2 of the Code of West Virginia, 1931, as amended, relating to earmarking the first two million dollars collected annually from the Soft Drinks Tax to be distributed for the benefit of West Virginia University Institute of Technology"; to the Committee on Finance.
By Delegate Stalnaker:
H. B. 4520
- "A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended, relating to removal of the age cap for certified law-enforcement officers for qualification purposes"; to the Committee on the Judiciary.
By Delegate Stalnaker:
H. B. 4521
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-14-17a, relating to transferability for certified law-enforcement officers from one department to another throughout the state; civil service status; and benefits"; to the Committee on the Judiciary.
By Delegate H. White:
H. B. 4522
- "A Bill to amend and reenact §33-25A-3 of the Code of West Virginia, 1931, as amended, relating to removing the Commissioner of Insurance as the attorney in fact for HMO's for service of process purposes"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates H. White and Wakim:
H. B. 4523
- "A Bill to amend and reenact §16-2I-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-2I-1a, all relating to defining terms relating to abortion clinics, hospitals, nursing homes and nursing care facilities; regulation of facilities; and licensure of facilities"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Boggs, Pethtel, Stemple, Beach, Crosier and Tansill:
H. B. 4524
- "A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended, relating to the requirements for obtaining a driver's license or identification card; and allowing persons who possess a valid driver's license to also obtain an identification card"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Spencer, Caputo, Longstreth, Trump, Hatfield and Palumbo:
H. B. 4525
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §60A-10-1, §60A-10-2, §60A-10-3 and §60A-10-4, all relating to creation of the West Virginia Meth Free Act; setting forth findings and a purpose; providing a short title; regulating the sale of precursor products to the manufacture of methamphetamine; providing a criminal penalty for persons who intentionally violate a provision of section two of the article; requiring the State Police to maintain a registry of names of those convicted of crimes related to methamphetamine production or distribution; and, requiring the circuit clerks to provide abstracts of judgment to the State Police that reflect criminal convictions of persons relative to methamphetamine production or distribution"; to the Committee on the Judiciary then Finance.
By Delegates Kominar, Craig, H. White, Michael and Stemple:
H. B. 4526
- "A Bill to amend and reenact §51-9-4 of the Code of West Virginia, 1931, as amended, relating to judges and justices generally; providing that a judge becoming eligible for retirement is not required to contribute to the retirement system; and clarifying that, for judicial retirement purposes, credited service includes certain time served as an elected or appointed municipal judge"; to the Committee on Pensions and Retirement then Finance.
By Delegates Brown, Longstreth, Caputo, Manchin, Hrutkay, Moore, DeLong and Amores:

H. B. 4527
- "A Bill to amend and reenact §48-27-510 of the Code of West Virginia, 1931, as amended, relating to clarifying that the denial of a final domestic violence protective order may be appealed to circuit court the same way that the granting of the order may be appealed"; to the Committee on the Judiciary.
By Delegates Butcher, Eldridge, Beach, DeLong, Hrutkay, Barker, Stemple, Rick
Thompson and Boggs:

H. B. 4528
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-22a, relating to defense of self, others and property; and providing immunity from civil or criminal liability"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Browning, Moore, Staton, G. White, Stalnaker, Poling, Kominar, H. White, Varner and Beane:

H. B. 4529
- "A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as amended, relating to allowing nonprofit organizations and their employees to participate in the Public Employees Insurance Program effective the first day of January, two thousand eight"; to the Committee on Banking and Insurance then Finance.
By Delegates Stemple and Williams:
H. B. 4530
- "A Bill to amend and reenact §20-2-57 of the Code of West Virginia, 1931, as amended, relating to providing criminal penalties for wounding or killing a person while pursuing, taking or killing wild animals or wild birds while under the influence of alcohol, controlled substances or drugs; and permitting court-ordered restitution"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Morgan, Leach, Craig, Howard and Rick Thompson:
H. B. 4531
- "A Bill to amend and reenact §11-3-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §11A-2-13 of said code; and to amend and reenact §11A-3-2 and §11A-3-13 of said code, all relating to increasing the interest rate to be imposed by county assessors for real and personal property found to have been omitted from the land and personal property books from six percent to nine percent for the period of time the property was omitted from the books; and, doubling the amount of fees to be paid in order to redeem or purchase delinquent property"; to the Committee on the Judiciary.
By Delegate Hall (By Request):
H. B. 4532
- "A Bill to amend and reenact §20-2-32 of the Code of West Virginia, 1931, as amended, relating to the prohibition of the West Virginia Director of the Division of Natural Resources from obtaining an applicant's social security number when issuing a license to hunt, fish and trap"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegate Hall (By Request):
H. B. 4533
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7d, relating to requiring all middle schools and high schools to teach fetal development; and providing that nothing contained in the section can be construed as approving of abortion"; to the Committee on Education then Finance.
By Delegates Leach, Perdue, Susman, Hall, Boggs, Brown and Border:
H. B. 4534
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5R-7, relating to the establishment of an Alzheimer's Disease Registry within West Virginia University to act as a central information data base for policy and planning relative to Alzheimer's disease"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Williams and Campbell:
H. B. 4535
- "A Bill to amend and reenact §18A-4-3 of the Code of West Virginia, 1931, as amended, relating to increasing the salary increments paid to principals and assistant principals"; to the Committee on Education then Finance.
By Delegate Amores:
H. B. 4536
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2E-2, relating generally to improving competition among telephone public utilities providing landline services; prohibiting telephone public utilities from using automatic renewal provisions in their landline customer services agreements; prohibiting initial term of landline customer services agreement greater than five years; providing that after initial term of landline customer services agreement the term shall be on a month-to-month basis unless customer signs new landline customer services agreement; limiting termination fees charged by telephone public utilities for landline service and providing method of computing termination fee; specifying how this act applies to existing landline customer services agreements, whether in their original term or in a rollover term; and providing that act does not apply to services agreements between two telephone public utilities"; to the Committee on the Judiciary.
By Delegate Marshall:
H. B. 4537
- "A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, relating to clarifying the criteria for an employee to sustain a lawsuit for intentional injury under the workers' compensation law"; to the Committee on the Judiciary then Finance.
By Delegate Martin (By Request):
H. B. 4538
- "A Bill to amend and reenact §29-22B-1408 of the Code of West Virginia, 1931, as amended, relating to reallocating the proceeds from limited video lottery by increasing the percentages payable to counties, municipalities and retailers"; to the Committee on the Judiciary then Finance.
Consent Calendar

The following bills on third reading, coming up in regular order, were each read a third time:
S. B. 370, Creating personal property tax exemption for farm equipment and livestock,
Com. Sub. for H. B. 2312, Relating to minimum grab bar standards for hotel and motel rooms that are specifically designated or intended for use by handicapped or disabled guests,
H. B. 4041, Providing limited immunity from civil damages for persons who volunteer their services to public health departments,
H. B. 4065, Relating to notification of parole hearings,
Com. Sub. for H. B. 4107, Clearly defining the offense of abuse or neglect of incapacitated adults or elder persons which result in the death of such persons, to include the offense of murder,
And,
Com. Sub. for H. B. 4240, Changing the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College.
Delegates Azinger, Blair, Border, DeLong, Evans, Hamilton, Michael, Overington, Paxton, Perdue, Poling, Proudfoot, Stemple, Susman, Swartzmiller, Tabb, Talbott, Rick Thompson, Tucker, Walters and Williams requested to be excused from voting on the passage of S. B. 370 under the provisions of House Rule 49.
The Speaker stated that the foregoing members were of a class of persons to be affected by the passage of the bill and refused to excuse them from voting thereon.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent right to make, interpret and enforce our rules of procedure as established by our sovereign, non- reviewable Constitutional authority, and shall be binding in all other potential venues.

On the passage of the bills, the yeas and nays were taken (Roll No. 81), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Carmichael, Ferrell, Schadler, Spencer and Stevens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (S. B. 370, Com. Sub for H. B. 2312, H. B. 4041, H. B. 4065, Com. Sub. for H. B. 4107 and Com. Sub. for H. B. 4240) passed.
An amendment to the title of S. B. 370, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title of the bill to read as follows:
S. B. 370 - "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting personal property employed exclusively in agriculture and owned by the producer from personal property taxation."
Delegate Staton moved that S. B. 370 take effect July 1, 2006
On this question, the yeas and nays were taken (Roll No. 88), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Carmichael, Ferrell, Schadler, Spencer and Stevens.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 370) takes effect July 1, 2006.
Delegate Staton moved that Com. Sub. for H. B. 4240 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 89), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Carmichael, Ferrell, Schadler 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. 4240) takes effect from its passage.
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

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. 2947, Requiring payments for delinquent real estate taxes submitted fourteen days prior to the date of the sheriff's sale, be made by cashiers check, money order, certified check or United States currency,
Com. Sub. for H. B. 4063, Expanding the authority of the Commissioner of Banking concerning use of certain banking terms in connection with the name of a business,
H. B. 4295, Establishing a bird dog training permit,
And,
H. B. 4307, Extending the weekend driving privileges of antique motor vehicles and motorcycles.
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. 4072, Prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog without the permission of the owner,
H. B. 4355, Providing for the temporary detention of juveniles who are the named respondent in an emergency domestic violence protective order when the juvenile resides with the petitioner,
And,
Com. Sub. for H. B. 4447, Authorizing county boards of education to lease school buses for transportation associated with fairs, festivals and other educational and cultural events.
Special Calendar

Unfinished Business

H. C. R. 17, Requesting the Governor of the State of West Virginia and the West Virginia Development Office to put the highest priority on putting forward locations in the southern coalfield counties for the proposed coal conversion facilities; coming up in regular order, as unfinished business, was reported by the Clerk.
Delegate Susman asked and obtained unanimous consent that the following members be added as cosponsors to H. C. R. 17:
Delegates Long, Perdue, H. White, Kominar, Frederick, Porter, Moore, Susman, Lane and Mahan.
On motion of Delegates Rick Thompson, Long, Perdue, H. White, Kominar, Frederick, Moore and Porter the resolution was amended on page two, line five, following the word "built", by inserting the words "King Coal Highway, Tolsia Highway and".
The question before the House being on the adoption of the resolution, as amended, the same was put and prevailed.
Delegates Manchin, Longstreth and Caputo requested the Clerk to record them as having voted "Nay" on the adoption of H. C. R. 17.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 32, Designating December 6 annually as "Miner's Day"; coming up in regular order, as unfinished business, was reported by the Clerk.
The question now being on the adoption of the resolution, Delegate Caputo demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 90), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Carmichael, Ferrell, Schadler and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 32) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

S. B. 539, Relating to qualifications for Miners' Health, Safety and Training director; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
There being no amendments, 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. 91), and there were--yeas 56, nays 39, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Argento, Armstead, Ashley, Barker, Blair, Border, Brown, Butcher, Canterbury, Duke, Eldridge, Ellem, Frederick, Hall, Hamilton, Hatfield, Howard, Hrutkay, Hunt, Iaquinta, Lane, Leach, Martin, Overington, Poling, Porter, Roberts, Rowan, Schoen, Sobonya, Stephens, Stevens, Sumner, Susman, Tansill, Trump, Tucker, Wakim, Walters and Webster.
Absent And Not Voting: Anderson, Carmichael, Ferrell, Schadler, and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 539) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 92), and there were--yeas 66, nays 29, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Armstead, Barker, Blair, Border, Brown, Butcher, Canterbury, Duke, Eldridge, Ellem, Hall, Hamilton, Hatfield, Hrutkay, Iaquinta, Lane, Martin, Overington, Poling, Porter, Schoen, Sobonya, Stephens, Stevens, Sumner, Trump, Tucker, Wakim and Walters.
Absent And Not Voting: Anderson, Carmichael, Ferrell, Schadler and Spencer.
So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the motion to make the bill effective from its passage did not prevail.
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. 4105, Requiring persons who have judgments against them and their wages to notify the court of any change of job status or employer,
Com. Sub. for H. B. 4260, Requiring state board review of system of education performance audits,
And,
Com. Sub. for H. B. 4309, Relating to the collection of racial profiling data.
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Anderson, Carmichael, Ferrell, Schadler and Spencer.
Miscellaneous Business

Delegate Stevens announced that she was absent when the votes were taken on Roll Nos. 81 through 88 and that had she been present, she would have voted "Yea" thereon.
Delegate Stevens asked and obtained unanimous consent that the remarks of Delegate Trump regarding the anniversary of the birth of Abraham Lincoln be printed in the Appendix to the Journal.
Delegate Longstreth asked and obtained unanimous consent that the remarks of Delegate Caputo concerning S. B. 539 be printed in the Appendix to the Journal.
At 2:31 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 14, 2006.