hdj2010-02-08-27
__________*__________
Monday, February 8, 2010
TWENTY-SEVENTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 5, 2010, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Resolutions Introduced
Delegates Shott, Anderson, Andes, Armstead, Ashley, Azinger, Border, Campbell, Cann,
Canterbury, Cowles, Craig, Duke, Eldridge, Ellem, Evans, Hall, Hamilton, Ireland, Louisos,
McGeehan, Michael, C. Miller, J. Miller, Morgan, Overington, Porter, Reynolds, Romine, Rowan,
Schadler, Schoen, Shook, Sobonya, Spencer, Sumner and Williams offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 34 - "Expressing the will of the Legislature in supporting the adoption by the United
States Senate and the United States House of Representatives of Senate Joint Resolution 26
disapproving a rule submitted by the Environmental Protection Agency relating to the endangerment
finding and the cause or contribute findings for greenhouse gases under section 202(a) of the Clean
Air Act, and requesting that West Virginia's Congressional Delegation support the adoption of said
resolution."
Whereas, On April 17, 2009, the Environmental Protection Agency formally issued an
endangerment finding declaring carbon dioxide and five other heat-trapping gases to be pollutants
that endanger public health and welfare under the Clean Air Act; and
Whereas, On January 21, 2010, a bipartisan group of 39 United States Senators introduced
a disapproval resolution, Senate Joint Resolution 26, pursuant to the provisions of the Congressional
Review Act to stop the Environmental Protection from regulating carbon dioxide emissions under
the Clean Air Act; and
Whereas, The Environmental Protection Agency's efforts to impose back-door climate
regulations with no input from Congress will not only add a thick new layer of federal bureaucracy,
but also serve to depress economic activity - to slow it down, to make it more expensive, to render
it less efficient; and
Whereas, The Environmental Protection Agency's adoption and implementation of
regulations restricting carbon dioxide emissions will have serous financial economic implications
for the State of West Virginia; and
Whereas, At a time when West Virginia is fighting to save jobs and stabilize the economy,
we cannot afford to stand idly by while the Environmental Protection Agency acts in an unprecedented and risky manner, especially when any regulation of carbon dioxide and other
greenhouse gases is a matter that should be left to Congress; and
Whereas, For the sake of those individuals and families who depend upon the industries that
would be adversely affected by a restriction on the emission of carbon dioxide, the House of
Delegates, the West Virginia Senate, the Governor and West Virginia's Congressional Delegation
must work together to ensure that the Congress retain exclusive authority to regulate carbon dioxide
and greenhouse gas emissions under the Clean Air Act;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia supports the bi-partisan efforts reflected in Senate Joint
Resolution 26 to prevent the Environmental Protection Agency from acting independently to regulate
carbon dioxide as a pollutant while there continues to be a vigorous, legitimate and substantive
debate in Congress and the scientific community regarding the need for any such regulation; and, be
it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to United States Senators Robert C. Byrd and John D. Rockefeller IV and Representatives
Alan B. Mollohan, Shelley Moore Capito and Nick J. Rahall.
Delegate Talbott 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 bridge number 51-15-8.40 on
State Route 15 in Diana, Webster County, the 'Dr. Mabel Nichols Bridge'."
Whereas, Dr. Mabel Nichols was born June 13, 1913, and was raised in Diana, West Virginia; and
Whereas, Dr. Mabel Nichols graduated from Sutton High School, and then received her
two-year Standard Normal Teaching Certificate from Glenville State College; and
Whereas, Dr. Mabel Nichols began her teaching career in Webster County, was at Cool
Springs, and then transferred to Diana Elementary where she taught until 1944; and
Whereas, Dr. Mabel Nichols began teaching at Webster Springs High School in 1944, and
after for a brief stint at University High School in Morgantown from 1953-1955, she returned to
Webster Springs High School to finish her teaching career. Dr. Nichols also taught fifteen summer
terms at Glenville State College; and
Whereas, Dr. Mabel Nichols furthered her education by receiving a Bachelor of Arts from
Glenville State College in 1941, a Master of Arts from West Virginia University in 1946 and a life-
time principal certificate, a Bachelor of Science from West Virginia University in 1955 and a
Doctorate of Education from Burton College and Seminary in 1963; and
Whereas, In 1964, Dr. Mabel Nichols was the very first recipient of the State Department
of Education's West Virginia Teacher of the Year Award - which of all her accomplishments in this
earthly life, was probably the one in which she was most proud; and
Whereas, Dr. Mabel Nichols was also very active outside the school system, especially in
her church. She served as church school superintendent for twenty-two years and she faithfully
attended Laurel Mountain Church as long as her health permitted. She was a member of Church
Women United and a Delegate to the Methodist Conference for many years. Dr. Nichols was a 4-H
Allstar, a 4-H leader for fourteen years and taught 4-H classes at Jackson Mill for seven years. Dr.
Nichols was a life member of Webster Springs Chapter #145 of the Eastern Star, a life member of Delta Kappa Gamma Society, and an AARP volunteer for more than twenty-five years. Dr. Nichols
was also a diligent community worker who spent many hours on the committee which helped obtain
the Continuous Care Center in Cowen and she was active in the Webster County Senior Citizens
program; and
Whereas, Dr. Mabel Nichols departed this life on August 8, 2008, at the age of ninety-five;
and
Whereas, Upon her passing, Dr. Mabel Nichols left a $50,000 scholarship fund to be
awarded to deserving students attending Glenville State College; and
Whereas, It is only fitting and proper that Dr. Mabel Nichols' many accomplishments and
her life-time of service in the field of education be remembered and acknowledged; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 51-15-8.40 on
State Route 15 in Diana, Webster County, the "Dr. Mabel Nichols 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 "Dr. Mabel Nichols Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the family of Dr. Mabel Nichols and the Secretary of the Department of Transportation.
Delegate Longstreth, Caputo and Manchin offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 36 - "Requesting the bridge number 25-19/80-1.12, located at the East Fairmont
Exit of Interstate 79 and connecting to downtown Fairmont, be named 'The Marion County Veterans
Memorial Bridge'."
Whereas, The veterans of Marion County have committed themselves to faithful and
dedicated service in the various branches of the United States Military, including the Army, Army
Air Corps, Air Force, Marine Corps, Navy, National Guard, United States Reserve Components,
Coast Guard and Merchant Marines with honor and distinction; and
Whereas, The war veterans of Marion County have participated in America's wars and
stand ready to serve their state and country in the future; and
Whereas, The service of the brave men and women of Marion County, West Virginia,
exemplifies the courage and bravery of West Virginians in time of war and this service and sacrifice
should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 25-19/80-1.12,
located at the East Fairmont Exit of Interstate 79 and connecting to downtown Fairmont, be named
"The Marion County Veterans Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named "The Marion County 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 and the Veteran's Organizations of
Marion County.
Delegates Craig Morgan and C. Miller offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. C. R. 37 - "Requesting the Route 60 bridge at the Western edge of Milton, Cabell County,
West Virginia, specifically bridge number 06-60-20.49, be named the 'CMS Marshall Irvin Pauley
Memorial Bridge, Killed in Action, Vietnam 1966'."
Whereas, Chief Master Sergeant Marshall Irvin Pauley was born in Miami, Kanawha
County, West Virginia, October 17, 1941, the son of George W. Pauley and Anne Taylor Pauley.
He graduated from Hannah High School in the Class of 1960 and considered Milton, West Virginia
his home; and
Whereas, Chief Master Sergeant Marshall Irvin Pauley joined the United States Air Force
and in 1966 was with the 4
th Air Command Squadron at DaNang Airfield, South Vietnam. On
March 9, 1966, his unit departed DaNang Airfield in their Douglas AC47D on an armed
reconnaissance mission along Route 92 that ran through the dense jungle covered mountains of
Quang Nam Province, South Vietnam. Neither the unit nor aircraft was heard from again. Search
efforts were launched and then terminated on March 14, 1966, with no findings or sightings of the
missing aircraft or crew; and
Whereas, A presumptive finding of death was finally made on January 9, 1978, and the
remains of Chief Master Sergeant Marshall Irvin Pauley have never been recovered. He was one of
several members of the Milton community who served in the Armed Forces during the Vietnam War.
He served his community, state and country with distinction, making the supreme sacrifice while on
a mission in Vietnam. The Veterans of Foreign Wars Post 9796, American Legion Post 139 and the
Milton city council believe that it is fit and proper to honor the achievements and sacrifice of Chief
Master Sergeant Marshall Irvin Pauley by naming a new bridge after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested that the Route 60 bridge at the Western
edge of Milton, Cabell County, West Virginia, specifically bridge number 06-60-20.49, be named
the "CMS Marshall Irvin Pauley Memorial Bridge, Killed in Action, Vietnam 1966"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "CMS Marshall Irvin Pauley Memorial
Bridge, Killed in Action, Vietnam 1966"; 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 Veterans of Foreign Wars Post
9796, American Legion Post 139 and the Milton City Council.
Delegates Andes and Lane offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. R. 18 - "Amending Rule 65 of the Rules of the House of Delegates, relating to the order
of business, introduction of guests."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates be amended by amending Rule 65 of the
House of Delegates as follows:
ORDER OF BUSINESS
Daily
65. The daily order of business shall be as follows:
I. To read, correct and approve the Journal.
II. Introduction of guests.
III II. To receive and consider reports of standing committees.
IV III. To receive and consider reports of select committees.
V IV. To receive and consider messages from the executive, state officials, and other
communications and remonstrances.
VI V. To receive messages from the Senate, and consider amendments proposed by the
Senate to bills passed by the House.
VII VI. To receive (a) resolutions, (b) petitions, (c) motions.
VIII VII. Bills introduced on motion for leave and referred to appropriate committees.
IX VIII. To act on unfinished business of the preceding day, and resolutions lying over from
previous day, but no resolution shall lose its place on the calendar by not being acted upon on the
day following that on which it was offered.
X IX. House and Senate Bills on third reading.
XI X. House and Senate Bills on second reading.
XII XI. House and Senate Bills on first reading.
XIII XII. To act upon leave of absence for members.
XIV XIII. Remarks by members of the House.
XIV. Introduction of guests.
XV. Miscellaneous business.
Item
XIV XIII, Remarks by members of the House, shall not be operative after the forty-
seventh day of the session.
Delegates Andes, Border, Carmichael, J. Miller and Rowan offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. R. 19 - "Amending the rules of the House of Delegates, relating to requiring a searchable
online database."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates be amended by adding thereto a new rule
as follows:
Duties of Clerk.
17. It shall be the Clerk's duty to read to the House all papers ordered to be read; to call the
roll and note and report the absentees, when a call of the House if ordered; to call the roll and note
the answers of members, when a question is taken by the yeas and nays to assist, under the direction
of the Speaker, in taking the count when any vote of the House is taken; to notify committees of their
appointment and the business referred to them; to superintend the execution of all printing ordered
by the House, and to report to the Speaker, to be submitted to the House, every failure of the printer
to execute the same properly and promptly. He shall attest all writs, warrants and subpoenas issued
by order of the House and shall certify to the passage of all bills, and to the adoption of all joint and
concurrent resolutions by the Legislature. In addition to his other duties, the Clerk shall keep the
accounts for pay and mileage of members, officers and employees, and for printing and other
contingent expenses of the House, and prepare and sign warrants or requisitions for the same.
The Clerk shall superintend the recording of the Journal of the proceedings, the engrossing
and enrolling of bills, and shall cause to be kept and prepared for the printer the Daily Journal of the
proceedings of the House.
The Clerk shall superintend the preparation of a database, accessible through the Internet, for
the use of the public, consisting of the voting records and bills introduced by each member, searchable by the names of members, short titles of each bill, and by bill number, and shall also
cause to be kept and prepared for the database all roll call votes.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Skaff, Stowers, Hall and Reynolds:
H. B. 4384 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4 and
§11-13AA-5; and to amend and reenact §11-21-12 of said code, all relating to establishing the 'Stay
Home and Work Income Tax Incentive Act'; providing a tax credit for graduates of a higher
education institution for a portion of the interest paid on student loans; providing for the
promulgation of rules by the State Tax Commissioner for such purpose; establishing a one-time
modification reducing federal adjusted gross income for recent graduates of higher education
institutions up to the first $30,000.00 with a five year eligibility for such modification; providing that
such modification be revoked if the eligible taxpayer establishes residency outside of West Virginia;
and providing for the promulgation of rules by the Tax Commissioner for such purpose"; to the
Committee on Finance.
By Delegates Marshall, Beach, Fleischauer and Shook:
H. B. 4385 - "A Bill to amend and reenact §24A-2-1 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §24A-3-1 of said code, all relating to the Public Service
Commission; common carriers by motor vehicles; contract carriers by motor vehicles; modifying the
commission's role in controlling certain services for solid waste collections and taxi service in Class I and Class II cities; and authorizing Class I and Class II cities to enact ordinances governing
additional standards pertaining to their particular service areas and direct the issuing of permits and
develop oversight requirements to solid waste collection operators and licensing of taxi company
operators"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates D. Walker, Paxton, Iaquinta, Smith, Crosier, Butcher, Hall and Michael:
H. B. 4386 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17-5-13; to amend said code by adding thereto a new section,
designated §62-11A-5; all relating to restricting the state convict road force from working around
schools and child care centers"; to the Committee on the Judiciary.
By Delegates Caputo, Boggs, Fragale, Hatfield, Martin, Moye and Stephens:
H. B. 4387 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3, §21-5G-4, §21-5G-5, §21-5G-6
and §21-5G-7, all relating to establishing the Flexible Leave Act; definitions; application; use of
leave with pay earned; prohibited acts; and affect on leave granted under the Federal Family and
Medical Leave Act of 1993"
; to the Committee on Energy, Industry and Labor, Economic
Development and Small Business then Finance.
By Delegates Hamilton, Perdue, Louisos, Morgan and Guthrie:
H. B. 4388 - "A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931,
as amended, relating to increasing the barrel tax on nonintoxicating beer; and requiring the increased
moneys from this tax to be expended on alcohol and drug abuse programs"; to the Committee on the
Judiciary then Finance.
By Delegates Fragale, Williams, Shaver, Perry, Hartman, Romine, Michael and Sumner:
H. B. 4389 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-9l, relating to exempting sales of tangible personal property
and services by any public or private school in this state of any one or more grade levels
prekindergarten through grade twelve; limiting amount of sales subject to exemption; and
authorizing designation by the Tax Commissioner of the exemption as a per se exemption for which
exemption certificates are not required"; to the Committee on Education then Finance.
By Delegates Ross, Hartman, Martin, D. Poling, Cann, Ireland, Andes, Longstreth,
Williams, Hamilton and Iaquinta:
H. B. 4390 - "A Bill to amend and reenact §11-4-5 of the Code of West Virginia, 1931, as
amended, relating to information to be obtained from landowners by assessor; corrections in
landbook of previous year; and providing that with regard to reporting requirements by county
assessors of farm property, the report be made every five years; and providing an exception"; to the
Committee on Political Subdivisions then Finance.
By Delegates Manypenny, Doyle, Talbott, Canterbury, Moore, Brown, Wells, Staggers,
Susman, Barker and Shook:
H. B. 4391 - "A Bill to amend and reenact §24-2F-4 and §24-2F-8 of the Code of West
Virginia, 1931, as amended, all relating to interconnection and net-metering of customer-generators
of renewable energy; providing ownership of renewable energy credits; and requiring the Public
Service Commission to propose rules regarding net-metering and interconnection standards in this
state"; to the Committee on the Judiciary.
By Delegates Martin, Caputo, Klempa and Fragale:
H. B. 4392 - "A Bill to amend and reenact §5-10D-6 of the Code of West Virginia, 1931,
as amended, relating to voluntary deductions by the Consolidated Public Retirement Board from
monthly benefits to retirees to pay association dues; permitting retiree associations to receive
increased dues by certifying to the Consolidated Public Retirement Board current increased dues
without retirees written approval; and requiring the Consolidated Public Retirement Board and other
public retirement systems to provide retiree associations or organizations lists of plan beneficiaries
and addresses for blind mailings purposes"; to the Committee on Pensions and Retirement then
Finance.
By Delegates Iaquinta and Swartzmiller:
H. B. 4393 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-1F-11, relating to adopting the Servicemembers Civil Relief
Act into West Virginia law"; to the Committee on Veterans' Affairs and Homeland Security then
the Judiciary.
By Delegates Iaquinta and Swartzmiller:
H. B. 4394 - "A Bill to amend §5A-11-3 and §5A-11-6 of the Code of West Virginia, 1931,
as amended, all relating to the use of mineral rights to benefit state agencies, institutions or
departments"; to the Committee on Government Organization then the Judiciary.
By Delegates Perry and Ashley
[By Request of the Division of Motor Vehicles]:
H. B. 4395 - "A Bill to amend and reenact §17A-3-3 of the Code of West Virginia, 1931,
as amended; to amend and reenact §17D-2A-1, §17D-2A-2, §17D-2A-3, §17D-2A-6 and §17D-2A-7
of said code; to amend said code by adding thereto a new section, designated §17D-2A-6a; and to amend said code by adding thereto a new section, designated §33-6-31g, all relating to enforcement
of the required security upon motor vehicles; requiring insurance companies licensed to do business
in this state to provide policy information to the Division of Motor Vehicles or its agent; authorizing
the commissioner to establish a system for online real-time insurance verification; and establishing
administrative and criminal penalties"; to the Committee on Banking and Insurance then the
Judiciary.
By Delegate White
[By Request of the Department of Administration]:
H. B. 4396 - "A Bill to amend and reenact §5A-2-33 of the Code of West Virginia, 1931,
as amended, relating to the financial accounting and reporting section of the Finance Division of the
Department of Administration and the powers and duties of the Comptroller to give the authority to
take actions necessary to require audited and unaudited agencies to comply with the deadlines set
forth for the preparation of the comprehensive annual financial report"; to the Committee on
Government Organization then Finance.
By Delegates Caputo, Boggs, Pethtel, Martin, D. Walker, Staggers, D. Poling, T.
Walker, Spencer, Campbell and Hamilton:
H. B. 4397 - "A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as
amended, relating to requiring the Superintendent of the State Police to implement a plan to increase
the number of troopers to a minimum of eight hundred troopers by July 1, 2014"
; to the Committee
on Finance.
By Delegate Fragale:
H. B. 4398 - "A Bill to amend and reenact §18A-4-14 of the Code of West Virginia, 1931, as amended, relating to daily planning period for certain employees"; to the Committee on
Education.
By Delegates Fleischauer, Marshall, Beach, Shook, Fragale, Frazier, Manypenny,
Miley, Staggers and Williams:
H. B. 4399 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18B-2D-1, §18B-2D-2, §18B-2D-3 and §18B-2D-4, all relating
to the Higher Education Merit Screening Advisory Committee, legislative findings; creation of the
Higher Education Merit Screening Advisory Committee; purpose, composition and terms of the
committee; meetings and quorum; compensation and expenses; powers and duties of the committee";
to the Committee on Education.
By Delegates Rodighiero, Perdue, Eldridge, Butcher and Louisos:
H. B. 4400 - "A Bill to amend and reenact §30-3-16 of the Code of West Virginia, 1931, as
amended, relating to changing standards for continued certification of physicians assistants"; to the
Committee on Government Organization.
By Delegate Martin
[By Request of the Division of Motor Vehicles]:
H. B. 4401 - "A Bill to amend and reenact §17B-2-1a, §17B-2-4 and §17B-2-5a of the Code
of West Virginia, 1931, as amended; and to amend and reenact §17E-1-3, §17E-1-4, §17E-1-6,
§17E-1-12, §17E-1-13 and §17E-1-25 of said code, all relating to the issuance of driver's licenses;
background checks for employees involved in the issuance of driver's licenses; and updating the
criteria for issuance, renewal, disqualification, surrender and maintenance of a commercial driver's
license in conformance with federal law"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Williams, Beach and Shaver:
H. B. 4402 - "A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931,
as amended; to amend and reenact §17A-1-1 of said code; to amend and reenact §17A-3-2 and
§17A-3-7 of said code; to amend said code by adding thereto a new section, designated §17A-3-2a;
to amend and reenact §17A-3A-2 and §17A-3A-3 of said code; to amend and reenact §17A-6-1 of
said code; and to amend and reenact §17A-10-1 and §17A-10-3 of said code, all relating to the sale
and use of mini-trucks; authorizing the Division of Motor Vehicles to title, register and establish
ownership documentation requirements for mini-trucks; establishing where mini-trucks may be
operated; setting forth specific equipment that must be on a mini-truck; permitting annual safety
inspections to be waived if certain conditions are met; requiring operators of mini-trucks to have
proofs of insurance and financial responsibility; exempting mini-trucks from federal safety and
emission standards; requiring sellers to provide to prospective purchasers full disclosure on whether
a mini-truck conforms to certain federal safety and environmental standards; defining the term 'mini-
truck'; establishing the registration class and fee for a mini-truck; and redefining the term 'all-terrain
vehicle'"; to the Committee on Roads and Transportation then the Judiciary.
House Calendar
Unfinished Business
H. C. R. 31, Expressing the will of the Legislature in supporting the Credit Card Act enacted
by Congress in May of 2009; 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. 27), and there were--yeas
86, nays 4, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Andes, McGeehan, J. Miller and Walters.
Absent And Not Voting: Anderson, Argento, Campbell, Eldridge, Mahan, Manchin,
Marshall, Michael, Rodighiero and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. C. R. 31) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
The following resolutions, coming up in regular order, as unfinished business, were each
reported by the Clerk and adopted:
S. C. R. 1, Requesting DOH name bridge in Doddridge County "SPC Jason N. Marchand
Memorial Bridge",
S. C. R. 2, Requesting DOH name portion of Route 16 in Fayette County "Robert K. 'Bob'
Holliday Highway",
S. C. R. 3, Requesting DOH name bridge in Fayette County "Eugene Mitchell Skaggs
Memorial Bridge",
S. C. R. 5, Requesting DOH name bridge in Parsons, Tucker County, "Sheriff O. Gay
Hovatter Memorial Bridge",
And,
S. C. R. 6, Requesting DOH name bridge in Mingo County "Matoma C. Sansom Memorial Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Third Reading
Com. Sub. for H. B. 2663, Expanding the power of municipal parking authority officers;
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. 28),
and there were--yeas 89, nays 4, absent and not voting 7, with the nays and absent and not voting
being as follows:
Nays: Andes, Ellem, Porter and Romine.
Absent And Not Voting: Anderson, Argento, Campbell, Mahan, Manchin, Michael and
Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2663) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4140, Relating to the board of physical therapy; 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. 29),
and there were--yeas 89, nays 4, absent and not voting 7, with the nays and absent and not voting
being as follows:
Nays: Armstead, Carmichael, McGeehan and J. Miller.
Absent And Not Voting: Anderson, Argento, Campbell, Mahan, Manchin, Michael and
Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4140) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4166, Expanding the age for firefighters over thirty-five years of age
for persons already employed by another paid fire department; 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. 30),
and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being
as follows:
Absent And Not Voting: Anderson, Argento, Campbell, Mahan, Manchin, Michael and
Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4166) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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. 2773, Increasing the monetary penalties for selling tobacco products to minors,
Com. Sub. for H. B. 4128, Relating to insurance companies deemed to be in hazardous
financial condition,
Com. Sub. for H. B. 4134, Removing non-utilized code sections,
Com. Sub. for H. B. 4194, Codifying the Division of Criminal Justice Services being
incorporated into the Department of Military Affairs and Public Safety,
And,
H. B. 4247, Providing counties the discretion to accompany an electronic poll book with a
printed poll book.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Anderson, Argento, Campbell, Mahan, Manchin, Michael and Shook.
Miscellaneous Business
Delegates Eldridge, Marshall and Rodighiero announced that they were absent when the vote
was taken on H. C. R. 31 (Roll No. 27), and that had they been present, they would have voted
"Yea" thereon.
At 11:22 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 9,
2010.