__________*__________
Monday, January 23, 2012
THIRTEENTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Rick
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, January 20, 2012, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Resolutions Introduced
Delegate Hamilton offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 34 - "Requesting the Division of Highways name bridge number 49-9-0.21 in
Tennerton, Upshur County, West Virginia the 'Staff Sergeant Lesley Wayne Reed Memorial
Bridge'."
Whereas, Lesley Wayne Reed was born on January 11, 1946, the son of William Otto Reed
and Christine Bonner Reed; and
Whereas, Lesley Wayne Reed was raised in Upshur County and attended Upshur County
public schools; and
Whereas, Staff Sergeant Lesley Wayne Reed served in Vietnam with D Company, 1st
Battalion, 8th Infantry, 4th Infantry Division, U.S. Army; and
Whereas, Staff Sergeant Lesley Wayne Reed was killed in action on November 19, 1967,
at Dak To, which was a major battle of the Vietnam War; and
Whereas, For his valor, Staff Sergeant Lesley Wayne Reed was awarded the Silver Star and
a Purple Heart. Staff Sergeant Reed also received a National Defense Service Medal, Vietnam
Service Medal, Republic of Vietnam Campaign Medal and Army Good Conduct Medal; and
Whereas, On that fateful day in November 1967, Staff Sargent Lesley Wayne Reed gave
his last full measure of devotion to his country and to his comrades-in-arms; and
Whereas, It is only fitting and proper that this bridge be named in his honor, and that it
henceforth stand as a permanent memorial so that Staff Sargent Lesley Wayne Reed's supreme
sacrifice for our nation will not be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name the bridge number 49-9-0.21 in Tennerton, Upshur
County, West Virginia the "Staff Sergeant Lesley Wayne Reed Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made, and be placed,
signs identifying the bridge as the "Staff Sergeant Lesley Wayne Reed Memorial Bridge" with a
designation that Staff Sergeant Reed served in the Vietnam War; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the family of Staff Sergeant Lesley Wayne Reed and to the Secretary of the Department
of Transportation.
Delegates Stowers and Butcher offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 35 - "Requesting the Division of Highways to name County Route 36/1, known as
Scites Road, from the intersection with the Branchland Bridge in Branchland, Lincoln County, West
Virginia to the intersection of Sheridan Road and Two Mile Road, the 'Sergeant Larry W. Kinder Memorial Highway'."
Whereas, Larry Kinder was born on February 7, 1944, the son of William and Ida Kinder;
and
Whereas, Larry Kinder grew up in Branchland, West Virginia with his brothers Jack and
Vinson, and his sisters Ann and Brenda Kinder; and
Whereas, Larry Kinder was married to Bernice Frye Kinder and had a daughter, Levetta
Kinder; and
Whereas, Sergeant Larry Kinder was serving as a member of Gun Section Number One with
Battery C on Fire Support Base Tomahawk south of Phu Bai, Republic of South Vietnam, when his
M109 Howitzer took a direct hit on June 19, 1969; and
Whereas, Sergeant Larry Kinder was severely injured and was evacuated to the hospital ship
U.S.S. Sanctuary, where he later succumbed to his injuries on June 23, 1969; and
Whereas, On that fateful day in June 1969, Sargent Larry W. Kinder gave his last full
measure of devotion to his country and to his comrades-in-arms; and
Whereas, It is only fitting and proper that this stretch of road near his hometown of
Branchland be named in his honor, and that it henceforth stand as a permanent memorial so that
Sargent Larry W. Kinder's supreme sacrifice will not be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name County Route 36/1, known as Scites Road, from the
intersection with the Branchland Bridge in Branchland, Lincoln County, West Virginia to the
intersection of Sheridan Road and Two Mile Road, the "Sergeant Larry W. Kinder Memorial
Highway"; and, be it
Further Resolved, That the Division of Highways is requested to have made, and be placed,
signs identifying the road as the "Sergeant Larry W. Kinder Memorial Highway" with a designation
that Sergeant Kinder served in the Vietnam War; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Larry Kinder and to the Secretary of the Department of Transportation.
Delegates Fleischauer, Miley, Brown, Caputo, Hunt, Pino, Overington and Sobonya offered
the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 36 - "Amending Rule 5a of the Joint Rules of the Senate and House, relating to
processing of bills authorizing the promulgation of proposed legislative rules; duplication and
distribution of proposed legislative rules."
Resolved by the Legislature of West Virginia:
That Rule 5a of the Joint Rules of the Senate and House be amended to read as follows:
"Introduction and Processing of Bills Authorizing the Promulgation of Proposed Legislative
Rules; Filing, Duplication and Distribution of Proposed Legislative Rules;
5a. (1) On the first day of each regular session of the Legislature, the cochairs of the
legislative rule-making review committee shall submit to the clerk of the respective houses of the
legislature a copy of all proposed legislative rules which have been submitted to and considered by
the committee pursuant to §29A-2-11 of the code and which have not been previously submitted to
the Legislature for study, together with the recommendations of the committee with respect to such
rules, a statement of the reasons for any recommendation that a rule be amended or withdrawn, a
statement that a bill authorizing each legislative rule has been drafted, and copies as required by each
house, of bills for introduction. To facilitate the submission of the committee's report and bills of
authorization on the first day of each regular session, the committee shall complete its consideration
of rules by November 30 of each year. The committee may withhold from its report any proposed
legislative rule which was submitted to the committee fewer that two hundred twenty-five days
before the end of the regular session. The clerk of each house shall submit the report to his or her
house pursuant to §29A-3-12.
_____(2) A 'bill authorizing the promulgation of proposed legislative rules' or a 'bill of
authorization' is a measure intended to be enacted as general law, which incorporates by reference
a proposed legislative rule, with or without amendments or substitutions set forth in the bill, and which authorizes the promulgation and implementation of the proposed legislative rule. The
processing of bills authorizing the promulgation of proposed legislative rules shall be governed by
the standing rules of the Senate and the House of Delegates, which are supplemented by the
provisions of this joint rule. In the case of any conflict between this rule and a standing rule of the
Senate or the House of Delegates, the provisions of this rule shall control.
(1) (3) The requirement of either house that bills shall be presented in duplicate applies to
bills authorizing the promulgation of proposed legislative rules, but does not apply to the proposed
legislative rule which the bill incorporates by reference. Of the duplicate copies, only the designated
original copy shall have appended thereto the full text of the proposed legislative rule as finally
approved by the agency seeking permission for its promulgation. Other copies of the full text of the
proposed legislative rule shall be made available to members of the Legislature as hereinafter
provided.
(2) Copies of the full text of each proposed legislative rule shall be reproduced by printing
or duplication by the Clerk prior to, or as soon as is reasonably practicable after, the introduction of
the bill which would authorize by law the promulgation of the proposed legislative rule. Prior to
such printing or duplication, a notation shall be affixed to the proposed legislative rule which
identifies the bill number of the introduced bill which would authorize its promulgation and which
also identifies the committee or committees of the house to which the bill is to be referred by the
presiding officer following its introduction. Otherwise, the copies printed or duplicated shall
conform to the copy of the proposed legislative rule appended to the original bill, so as to facilitate
the consideration and amendment of the rule throughout the legislative process.
_____(4) Upon introduction on bills authorizing the promulgation of proposed legislative rules, the
clerk shall make available by electronic means the full text of each legislative rule to be authorized
to each member on the floor of each house, to allow each member to view the text of each
legislative rule.
_____(3) (5) The clerk shall furnish to any member, upon his or her request, without cost, one copy of the full text of a proposed legislative rule as reproduced by the clerk in accordance with the
provisions of subsection (2) (3) of this joint rule. For any request for an additional copy or copies
of the proposed legislative rule, the member requesting the copy or copies shall pay to the clerk, in
advance, a charge which the clerk has reasonably determined to be adequate to cover the actual cost
of the printing or duplication: Provided, That the provisions herein for the clerk to furnish a member
with an additional copy or copies, with a cost charged, may not interfere with or delay the prompt
and otherwise timely consideration of bills of authorization by the house or its committees or
subcommittees.
(4) (6) Whenever the standing rules of either house require the printing or reprinting of a bill,
the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same
force and effect as they apply to other bills. However, no printing or reprinting of the proposed
legislative rule which is incorporated by reference in the bill of authorization shall be required, other
than the printing required by subsection (2) of this joint rule.
(5) (7) Whenever the standing rules of either house require a bill to be read, or fully and
distinctly read, the rules apply to bills authorizing the promulgation of a proposed legislative rule
with the same force and effect as they apply to other bills. However, no reading of the proposed
legislative rule which is incorporated by reference in the bill of authorization shall be required."
Delegates Nelson, Andes, Lane, Ashley, Storch, Anderson, Staggers, Hall, Skaff, Ferns and
Hartman offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. R. 9 - "Amending House Rule 94, relating to joint sponsors of bills."
Resolved by the House of Delegates:
That House Rule 94 be amended to read as follows:
ORDER OF BUSINESS
Joint Sponsors of Bill
94. Except those bills sponsored by the Speaker of the House, the Majority Leader or the Minority Leader, a bill may must be introduced bearing the names of at least three and not more than
eleven members as joint sponsors of the bill.
Bill Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 4252 - "A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931,
as amended; to amend said code by adding thereto a new section, designated §11B-2-20a; to amend
and reenact §17-3-1 of said code; and to amend and reenact §31-15A-9 of said code, all relating to
the Revenue Shortfall Reserve Fund, the Revenue Shortfall Reserve Fund - Part B, and the creation
of a West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying
maximum aggregate funding amount for the Revenue Shortfall Reserve Fund; providing that interest
and other earnings on Revenue Shortfall Reserve Fund - Part B shall be dedicated to and expended
for and in support of the federal-state Medicaid program authorized by the Legislature or mandated
by the federal government; providing that in commencing and executing the provisions of this
subdivision, the West Virginia Investment Management Board is not and shall not be obligated to
sell any investments at a loss or otherwise take any action not in furtherance of its fiduciary duties
and obligations in respect of funds and investments under its management and supervision; creating
the West Virginia Infrastructure Modernization and Development Special Revenue Fund in the State
Treasury; specifying the funding source for the West Virginia Infrastructure Modernization and
Development Special Revenue Fund; specifying use of funds in the West Virginia Infrastructure
Modernization and Development Special Revenue Fund; providing ability of state road fund to
accept and expend funds transferred from the West Virginia Infrastructure Modernization and
Development Special Revenue Fund; and providing ability of West Virginia Infrastructure Fund to
accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund"; to the Committee on Finance.
By Delegates Barill, Perry, Marshall, Fleischauer, Pasdon, Butcher, Frazier, Williams,
Perdue and Lawrence:
H. B. 4253 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10-22l, relating to providing a one-time supplements to certain
annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegates Perry, Ashley, Walters and Hall:
H. B. 4254 - "A Bill to amend and reenact §33-6-34 of the Code of West Virginia, 1931, as
amended, relating to increasing the filing fees for insurers; permitting multiple insurers to make a
single filing with a fee collected from each one; defining a term; and deleting an effective date"; to
the Committee on Banking and Insurance then Finance.
By Delegates Moore, Reynolds and Azinger:
H. B. 4255 - "A Bill to amend and reenact §46A-4-111 of the Code of West Virginia, 1931,
as amended, relating to the requirement of written documentation of a reasonable net tangible benefit
to the borrower of any refinancing of a real estate secured loan by a regulated consumer lender,
clarifying that the requirement applies to any refinancing that occurs within twenty-four months of
the date of the original consumer loan or consumer credit sale secured by residential real estate"; to
the Committee on Banking and Insurance then the Judiciary.
By Delegates Perry, Ashley, Walters and Hall:
H. B. 4256 - "A Bill to amend and reenact §33-31-2 of the Code of West Virginia, 1931, as
amended, relating to captive insurance; limiting risk retention groups' risks on single subjects of
insurance; and requiring captive insurance companies to notify the insurance commissioner of any
material changes to certain information"; to the Committee on Banking and Insurance then the
Judiciary.
By Delegates Iaquinta, Poore, Marshall, Crosier, Fleischauer and Duke
[By Request of the Secretary of State's Office]:
H. B. 4257 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §3-2-6a, relating to late voter registration for any member of a
uniformed service of the United States, as defined in 42 U.S.C §1973ff-6, any member of the
Merchant Marine of the United States, any person who resides temporarily outside of the United
States, and the spouse or dependent residing with a person that fits the criteria"; to the Committee
on the Judiciary.
By Delegates Fleischauer, Brown, Hunt, Pino and Overington:
H. B. 4258 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5, §5-30-6, §5-30-7 and
§5-30-8; to amend said code by adding thereto a new section, designated §7-1-16; and to amend and
reenact §8-5-10 of said code, all relating to procedures for the transfer of power when certain elected
officials are unable to fulfill the duties of their office; creating a procedure for the transfer of power
due to disability or unavailability of the elected members of the Board of Public Works; requiring
designation of chain of succession and waiver of HIPAA rights for certain elected officials; creating
the disability evaluation panel; declaring procedures for voluntary temporary transfer of power and
involuntary transfer of power; defining the process for reevaluation of findings by the disability
evaluation panel; establishing procedures for declaration of unavailability; requiring that certain
determinations be published in the State Register; providing for review of the disability evaluation
panel's determinations by the Supreme Court of Appeals of West Virginia; directing the Supreme
Court to create procedural rules pertaining to the review; requiring continuation of salary and
insurance for certain disabled and unavailable elected officials; requiring counties to create a
procedure for the transfer of power due to disability or unavailability; and requiring municipalities
to create a procedure for the transfer of power due to disability or unavailability"; to the Committee
on the Judiciary.
By Delegates Brown, Moye, Ellem, Poore, Hunt, Fleischauer, Miley, Moore, Caputo
and Manchin:
H. B. 4259 - "A Bill to amend and reenact §23-1-1a of the Code of West Virginia, 1931, as
amended, relating to rules promulgated by the Workers' Compensation Board of Managers; and
providing that these rules are subject to the legislative review process"; to the Committee on the
Judiciary.
By Delegates Fleischauer, Miley, Brown, Caputo, Hunt, Longstreth, Pino, Overington
and Sobonya:
H. B. 4260 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as
amended; to amend and reenact §5-16B-6e of said code; to amend and reenact §33-16-3v of said
code; to amend and reenact §33-24-7k of said code; and to amend and reenact §33-25A-8j of said
code, all relating to insurance coverage for autism spectrum disorders; specifying application of
benefit caps; clarifying time frames; adding evaluation of autism spectrum disorder to included
coverage; clarifying diagnosis, evaluation and treatment requirements; clarifying reporting
requirements; and making technical corrections"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Miley, Brown, Caputo, Hunt, Pino, Overington and Sobonya:
H. B. 4261 - "A Bill to amend and reenact §29A-1-2 and §29A-1-3 of the Code of West
Virginia, 1931, as amended; to amend and reenact §29A-3-1a, §29A-3-4, §29A-3-6, §29A-3-8,
§29A-3-15, §29A-3-15a and §29A-3-15b of said code; and to amend said code by adding three new
sections, designated §29A-3-1c, §29A-3-1d and §29A-3-9a, all relating to review of state
administrative agency rule-making; defining terms; altering designation of types of rules that have
not been approved by the Legislature and that are exempt from legislative review; establishing
deadline for action by agency action for certain proposed rules before the rule is deemed withdrawn;
requiring agency response to public comments; requiring all sections of a rule be filed when agency
proposing rule amendment; providing for methodology for repeal of rules; establishing new
publishing and rule-making requirements for certain Department of Health and Human Services
policy manuals; providing new process for review and approval of legislative rules incorporating
federal mandated requirements; revising emergency rule-making process to allow for public comment, more information, and extended comment period; providing new process for provisional
legislative rules; and altering certain agency filing requirements"; to the Committee on the Judiciary.
By Delegates Perry, Ashley, Walters and Hall:
H. B. 4262 - "A Bill to amend and reenact §33-12-7 and §33-12-8 of the Code of West
Virginia, 1931, as amended, all relating to the continuing education for insurance producers;
revising certain membership requirements of the board of insurance producer education; providing
for payment of certain expenses of board members; revising role of the board; reducing period in
which a producer whose license has been suspended may demonstrate compliance; and permitting
the Insurance Commissioner to propose a rule to change certain fees"; to the Committee on Banking
and Insurance then the Judiciary.
By Delegates Barker, Caputo, Martin, Hamilton, Butcher and Stowers:
H. B. 4263 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new chapter, designated §5I-1-1, §5I-1-2, §5I-1-3, §5I-1-4, §5I-1-5, §5I-1-6 and §5I-1-7,
all relating to creating the 'Procurement of Domestic Products Act'; requiring state agencies to
purchase products manufactured in the United States; permitting waivers; defining terms;
establishing penalties; and granting rule-making authority"; to the Committee on the Judiciary then
Finance.
By Delegates Varner, Stowers, Ferro, Perry, Cann, Shaver, Evans, R. Phillips, Pethtel,
Hall and Williams:
H. B. 4264 - "A Bill to amend and reenact §29-3-9 of the Code of West Virginia, 1931, as
amended, relating to requiring the State Fire Commission to establish standards and policies pursuant
to legislative rulemaking; and including training and education in fire rescue as part of the
rulemaking"; to the Committee on the Judiciary.
By Delegates Manypenny, Talbott, Mahan, Guthrie, Manchin, Barill, Barker, Walker,
Fleischauer and Doyle:
H. B. 4265 - "A Bill to amend and reenact §22-6A-7 and §22-6A-8 of the Code of West Virginia, 1931, as amended, all relating to requiring flowback plans for all work on oil and gas wells;
requiring a flowback tank with a closed loop system that prevents the release of volatile organic
compounds and fugitive pollutants into the environment; permitting flowback pits to only be used
under certain conditions; and requiring the proper disposal of drilling mud"; to the Committee on
the Judiciary then Finance.
By Delegate Manypenny:
H. B. 4266 - "A Bill to amend and reenact §22-6A-7 of the Code of West Virginia, 1931,
as amended, relating to requiring the posting of material data safety sheets and documentation of
fracking fluid components at oil and gas well sites where fracking fluids are used and providing that
information to workers at the sites, to emergency responders, to the local emergency planning
committee, publishing in local newspapers and posting on the West Virginia Department of
Environmental's website"; to the Committee on the Judiciary then Finance.
By Delegate Manypenny:
H. B. 4267 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §22-6A-6a, relating to studying the environmental and health
impacts of shale gas development"; to the Committee on the Judiciary then Finance.
By Delegates Manchin, Hatfield, Ellem, Poore, Reynolds, Hunt and Miley:
H. B. 4268 - "A Bill to amend and reenact §55-2-21 of the Code of West Virginia, 1931, as
amended, relating to limitations of actions and suits; and reducing the number of defendants named
in the beginning of a lawsuit by tolling the statute of limitations against all tortfeasors upon filing
direct claims against tortfeasors"; to the Committee on the Judiciary.
By Delegates Gearheart, Frazier, Hall, Moore, Sumner, O'Neal, Ellington, L. Phillips
and Savilla:
H. B. 4269 - "A Bill to amend and reenact §17-16A-10 and §17-16A-18 of the Code of West
Virginia, 1931, as amended, all relating to eliminating tolls on the West Virginia Turnpike before
February 1, 2020, providing that no new bonds may be issued; providing an exception; and providing that the West Virginia Department of Highways accept ownership of the turnpike when the bonds
secured by toll revenues have been paid"; to the Committee on Roads and Transportation then
Finance.
By Delegate L. Phillips:
H. B. 4270 - "A Bill to amend and reenact §18A-4-7a of the Code of West Virginia, 1931,
as amended, relating to school personnel; and providing that a member of the service personnel in
the system may be hired as a coach when there is no qualified teacher in the system for the position
of coach"; to the Committee on Education.
House Calendar
Third Reading
Com. Sub. for H. B. 4078, Extending certain deadlines for mandated actions regarding
higher education personnel; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 8), and
there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being as
follows:
Absent and Not Voting: Anderson, T. Campbell, Hatfield, Manchin, Miley and Perdue.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4078) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 9), and there were--yeas 94, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Anderson, T. Campbell, Hatfield, Miley and Perdue.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4078) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
Com. Sub. for H. B. 4001, Authorizing boards to establish fees by legislative rule; on first
reading, coming up in regular order, was read a first time and ordered to second reading.
H. B. 4002, Relating to annual seminar requirements for professional licensing boards; on
first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for H. B. 4003, Clarifying the law governing the duties of professional licensing
boards; on first reading, coming up in regular order, was read a first time and ordered to second
reading.
Com. Sub. for H. B. 4086, Designating certain property as a qualified capital addition to a
manufacturing facility; on first reading, coming up in regular order, was read a first time and ordered
to second reading.
Delegate Boggs moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
Delegate Armstead requested to be excused from voting on the pending motion under the
provisions of House Rule 49.
The Speaker replied that such a request is proper at the passage stage of the bill, and stated
that the Gentleman would be required to vote on the pending motion to suspend the constitutional
rule.
The Speaker then put the question on dispensing the constitutional rule, and on this question,
the yeas and nays were taken (Roll No. 10), and there were--yeas 91, nays 3, absent and not voting
5, with the nays and absent and not voting being as follows:
Nays: Gearheart, Howell and J. Miller.
Absent and Not Voting: Anderson, T. Campbell, Hatfield, Miley and Perdue.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H.
B. 4086 under the provisions of House Rule 49.
The Speaker replied that Delegate Armstead was a member of a class of persons possibly to
be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein,
and refused to excuse the Member from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 11),
and there were--yeas 93, nays 1, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: J. Miller.
Absent and Not Voting: Anderson, T. Campbell, Hatfield, Miley and Perdue.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4086) passed.
Delegate Boggs moved that the bill take effect July 1, 2012.
On this question, the yeas and nays were taken (Roll No. 12), and there were--yeas 91, nays
3, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Gearheart, Howell and J. Miller.
Absent and Not Voting: Anderson, T. Campbell, Hatfield, Miley and Perdue.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4086) takes effect July 1, 2012.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4097, Creating a license to practice hair styling; on first reading, coming up in regular
order, was read a first time and ordered to second reading.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Anderson, T. Campbell, Hatfield, Miley and Perdue.
Miscellaneous Business
Delegates M. Poling and Moye noted to the Clerk that they were absent when the votes were
taken on the passage of Com. Sub. for H. B. 2533 and H. B.4072 (Roll Nos. 5 and 6) , and had they
been present, they would have voted "Yea" thereon.
At 1:17 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 24, 2012.