__________*__________
Wednesday, March 9, 2005
The House of Delegates met at 11:00 a.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 Tuesday, March 8, 2005, 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. 18, Calling on the Congress of the United States to reject plans to privatize Social
Security,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. R. 18 - "Calling on the Congress of the United States to reject plans to
privatize Social Security by cutting Social Security's guaranteed benefits and diverting money out of Social Security into private investment accounts and, further, calling on Congress to commit to
repaying to the Social Security Trust Fund the moneys it has taken and spent for other purposes,"
With the recommendation that the committee substitute be adopted.
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. C. R. 10, Naming the new Watson Bridge over the West Fork River on U. S. Route 250
in Fairmont, Marion County, West Virginia, the "Watson Senior Citizens Bridge in Honor of Jim
Costello",
And reports the same back with the recommendation that it be adopted.
On motions for leave, resolutions were introduced (Originating in the Committee on Rules
and reported with the recommendation that they each be adopted), which were read by their titles as
follows:
By Mr. Speaker, Mr. Kiss, and Delegate Staton:
H. C. R. 37 - "Providing for an interim study to be conducted by the Joint Committee on
Joint Rules of the House of Delegates and Senate regarding the provisions of Joint Rule 3,
Disagreement and Conference, and providing that the results of such study are to be reported to the
respective houses of the Legislature at the commencement of the Regular Session, 2006."
Resolved by the Legislature of West Virginia:
That the Joint Committee on Joint Rules of the House of Delegates and Senate conduct a
joint interim study as to the question of the provisions of Joint Rule 3, specifically as such provisions
relate to one house amending the amendment or amendments of the other, and that the conclusions and recommendations of such study be reported to the respective houses of the Legislature by the
commencement of the Regular Session, 2006.
And,
By Mr. Speaker, Mr. Kiss, and Delegate Staton:
H. R. 24 - "Providing for an interim study to be conducted by the Committee on Rules of
the House of Delegates regarding the provisions of House Rule 125, Amendments to Senate Bills
and concurring in Senate amendments to House Bills with amendment, and providing that the results
of such study are to be reported to the House of Delegates by the commencement of the Regular
Session, 2006."
Resolved by the House of Delegates:
That the Committee on Rules of the House of Delegates conduct an interim study as to the
question of the provisions of House Rule 125, specifically as such provisions relate to the House
concurring in Senate amendments to House Bills with amendment, and that the conclusions and
recommendations of such study be reported to the House of Delegates by the commencement of the
Regular Session, 2006.
On motion for leave, a bill was introduced (Originating in the Committee on Government
Organization and reported with the recommendation that it do pass), which was read by its title, as
follows:
By Delegates Beane, Ennis, Barker and Yost:
H. B. 2958 - "A Bill to amend and reenact §5-16-4a of the code of West Virginia, 1931, as
amended, relating to continuing the Public Employees Insurance Agency Finance Board."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 2958) will be placed on the Consent
Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2702, Acupuncture, Board of, Rule for Dispensing of Materia Medica, Formulary and
Legend Drugs.
And reports the same back, with amendment, without recommendation as to its passage, but
that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2702) was referred to
the Committee on the Judiciary.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2227, Prescribing minimum standards for municipal judges and requiring criminal
background checks of persons applying for municipal judgeships,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2227 -"A Bill to amend and reenact §8-10-2 of the code of West
Virginia, 1931, as amended, relating to prescribing minimum standards for municipal judges;
requiring criminal background checks of persons applying for municipal judgeships; excluding
persons convicted of certain offenses from serving as municipal judge; and requiring municipal judges receive continuing legal training,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2227) will be placed on the Consent
Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2813, Relating to requirements for certificate of public convenience and necessity,
And,
H. B. 2869, Relating to permit the conversion of a domestic corporation to a domestic limited
liability company,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 2813 and H. B. 2869) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2429, Providing relief from property taxes for property damaged or destroyed in a
disaster,
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on
Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2429) was referred to
the Committee on Finance.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 9th
day of March, 2005, presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 269), Supplementing, amending, reducing and increasing items of existing
appropriations from State Road Fund to Department of Transportation, Division of Highways.
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
S. B. 78 -
"A Bill to amend and reenact sections 1, 2 and 3, chapter 232, Acts of the
Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia
Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing
the number of members"; which was referred to the Committee on 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. 411 -
"A Bill to extend the time for the county commission of Tyler County, West
Virginia, to meet as a levying body for the purpose of presenting to the voters of the county an
election on the question of authorizing the excess levy for vital public services in Tyler County from
between the seventh and twenty-eighth days of March until the second Monday of April, two
thousand five"; which was referred to the Committee on Political Subdivisions.
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. 452 - "A Bill to amend and reenact §29-12-12 of the Code of West Virginia, 1931, as
amended, relating to continuation of the state Board of Risk and Insurance Management"; which was
referred to the Committee on Government Organization.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Brown, Amores, Anderson, Argento, Armstead,
Azinger, Barker, Beane, Boggs, Browning, Butcher, Campbell, Cann, Canterbury, Caputo,
Carmichael, Craig, Crosier, DeLong, Doyle, Eldridge, Ellem, Ennis, Ferrell, Fragale, Frederick,
Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Hrutkay, Hunt, Iaquinta, Kominar, Leach, Long,
Longstreth, Louisos, Mahan, Manchin, Marshall, Martin, Michael, Miley, Moore, Morgan, Palumbo,
Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Romine, Rowan, Schadler, Schoen, Spencer,
Stalnaker, Staton, Stemple, Stephens, Sumner, Susman, Swartzmiller, Tabb, Talbott, Rick
Thompson, Ron Thompson, Trump, Tucker, Varner, Wakim, Walters, Webster, Wells, Gil White,
H. K. 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. 38 - "Requesting the executive departments to establish a coordinatedsuccession
planning process which includes components providing opportunities to correct the existing
system-wide gender pay disparity among state employees."
Whereas, The Pay Equity Study of West Virginia State Employees commissioned by the
Legislature and concluded in February, 2000 determined that there was a significant pattern of
inequitable pay for female job classes within state government; and
Whereas, Over the past three years, the Legislature has appropriated $700,000 which, in
conjunction with federal matching funds, has resulted in $1.7 million in gender pay equity salary
increases; and
Whereas, The Division of Personnel, at the request of the Equal Pay Commission,
reevaluated the pay equity study using current salaries, tenure, job classifications and turnover rates
and concluded that while some progress has been made, the state still has a way to go; and
Whereas, A system-wide gender pay disparity may be corrected by salary adjustment, by
moving women into higher paying positions or a combination of both; and
Whereas, A 2002 study by the West Virginia University Institute for Public Affairs found
that women state employees are concentrated in lower-paid, lower echelon positions across state
government agencies and that women's employment is concentrated in agencies which provide
services and funding for children and the poor which traditionally pay less than other agencies and
women are largely under-represented in administrative and managerial positions; and
Whereas, Currently, the top half of the state's workforce is devoid of female dominated
positions and women are largely under-represented in administrative and managerial positions; and
Whereas, Within the next ten years, over forty-two percent of state employees will retire or will qualify to retire, many in professional and management positions; and
Whereas, The magnitude of upcoming state employee retirements will result in the loss of
significant institutional knowledge and may result in certain agencies experiencing employee
shortages especially in currently difficult to fill positions; and
Whereas, The retirement of state employees also presents a unique opportunity to address
gender pay disparity; and
Whereas, The Equal Pay Commission has found that the level of knowledge and planning
for the upcoming retirements of state employees varies significantly among executive agencies;
therefore, be it
Resolved by the Legislature of West Virginia:
That the executive department is requested to establish a coordinated succession planning
process which includes components providing opportunities to correct the existing system-wide
gender pay disparity among state employees; and, be it
Further Resolved, That the Equal Pay Commission be provided with reports of all succession
planning activities; and, be it
Further Resolved, That a copy of this resolution be transmitted to the Director of the Division
of Personnel.
Delegates Morgan, Leach, Craig, Stephens, Howard and Sobonya offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 39 - "Requesting the West Virginia Division of Highways to name the bridge
located at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David Rickey
Carson Memorial Bridge"."
Whereas, David Rickey Carson, the son of Mr. and Mrs. Raymond Carson, was born on
September 8, 1947, at Lesage, Cabell County, West Virginia; and
Whereas, Specialist/4 David Rickey Carson was killed in action on January 31, 1968, at Gia
Dinh, Vietnam, while serving in the U.S. Army, 1st Log Command; and
Whereas, Specialist/4 David Rickey Carson was awarded the Purple Heart, posthumously;
and
Whereas, David Rickey Carson gave his young life in the service of his country on a
battlefield in a country far away, the supreme sacrifice for the cause of freedom; and
Whereas, The life of David Rickey Carson should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia Division of Highways to name
the bridge located at U.S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David
Rickey Carson Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways provide and erect a sign at
either end of the bridge displaying the name of the bridge; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the Commissioner of the Division of Highways, and to the surviving family of David Rickey Carson.
Delegates Armstead, Lane and Walters offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. C. R. 40 - "Naming the new bridge spanning the Elk River in Clendenin, West Virginia,
the 'Hardman Brothers Bridge'."
Whereas, The Hardman Brothers, Harper, Harry, Jack, Robert and Lawrence, grew up and attended school in Clendenin, West Virginia, and each later unselfishly served this country in the
armed services; and
Whereas, Harper Hardman, now deceased, served in the Air Force from 1941 to 1971 in
World War II, Korea and Vietnam; and
Whereas, Harry Hardman served in the Navy from 1941 to 1974 in World War II, Korea
and Vietnam; and
Whereas, Jack Hardman served in the Navy from 1948 to 1971 in Korea and Vietnam; and
Whereas, Richard Hardman served in the Navy from 1949 to 1954 in Korea; and
Whereas, Robert Hardman served in the Air Force from 1951 to 1973 in Korea and
Vietnam; and
Whereas, These five brothers served, combined, over one-hundred years of active duty
military service, including service during World War II, The Korean War and the Vietnam War;
therefore, be it
Resolved by the Legislature of West Virginia:
That the new bridge spanning the Elk River in Clendenin, West Virginia, be named the
"Hardman Brothers 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 "Hardman
Brothers Bridge" and to erect same at either end of the new bridge spanning the Elk River in
Clendenin, West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the West Virginia Chapter of the Veterans of Foreign Wars, Post 3522 of the Fourth District, located in this State and to the Commissioner of the Division of Highways.
Petitions
Delegate Poling presented a petition, signed by one thousand three hundred twenty-three
residents of the State, in support of H. B. 2880 and S. B. 346, relating to the Board of Veterinary
Medicine supporting low-cost animal spay and neuter programs; which was referred to the
Committee on Agriculture and Natural Resources.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Beane, Azinger, Webster, Amores, Stalnaker, G. White and Hrutkay:
H. B. 2944 - "A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as
amended, relating to removing the "within two years" time restriction in which an application by a
former police officer, thirty-five years old or older, who previously resigned from the police force,
may submit an application for reinstatement"; to the Committee on the Judiciary.
By Delegates Tabb, Wysong, Doyle, Amores, Webster, Duke and Trump:
H. B. 2945 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §46A-6-111, relating to prohibiting solicitors who leave empty
containers requesting water samples from state residents from doing so without contemporaneously
attaching or affixing with the container unambiguous documentation identifying the name of their
company, the address and telephone number of its principal place of business, the geographical
location of its main theater of operations, its correct corporate name, if applicable, the state wherein
it is incorporated, if applicable, a clear description of any prospective product or service it seeks to solicit for sale, the cost or costs involved to obtain the product or service, and a clear statement that
the person being solicited is not obligated to accept or purchase the product or service; providing a
civil penalty; and providing that persons who violate the prohibition have engaged in an unfair
method of competition and unfair or deceptive act or practice as defined in the article"; to the
Committee on the Judiciary.
By Delegates Palumbo. Webster, Brown, Amores, Howard and Morgan:
H. B. 2946 - "A Bill to amend and reenact §17C-15-46 of the Code of West Virginia, 1931,
as amended, relating to the use of child safety booster seats for children under eight years of age,
unless the child is at least four feet nine inches tall or taller"; to the Committee on the Judiciary.
By Delegates Hamilton, Stemple, H. White, Schadler, Sobonya, Ellem, Poling and
Crosier:
H. B. 2947 - "A Bill to amend and reenact §11A-3-2 and §11A-3-4 of the Code of West
Virginia, 1931, as amended, relating to 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"; to the Committee on the Judiciary.
By Delegates Schadler, Overington, Azinger, Wakim, Tansill, Rowan, Roberts, Ellem,
Hamilton, Walters and Blair:
H. B. 2948 - "A Bill to repeal chapter 17G of the Code of West Virginia, 1931, as amended,
relating to repealing the Racial Profiling Data Collection Act"; to the Committee on the Judiciary.
By Delegates Mahan:
H. B. 2949 - "A Bill to amend and reenact §17-16A-23 of the Code of West Virginia, 1931,
as amended, relating to providing for the installation of land-based telephone service along portions of the West Virginia Turnpike where no cellular telephone service exists"; to the Committee on the
Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Longstreth, Manchin, Caputo, Perdue,
Martin, Amores and Beane:
H. B. 2950 - "A Bill to amend and reenact §3-4A-9 of the Code of West Virginia, 1931, as
amended, relating to requiring a paper copy of a voter's votes when using an electronic voting system
to vote; providing that the paper copy can only be used for a random count of precincts or if an
election is contested, challenged or disputed; and providing that the Secretary of State may
promulgate rules"; to the Committee on the Judiciary.
By Delegates Mahan and Staton:
H. B. 2951 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-4A-5a, relating to requiring dentists that administer general
anesthesia to pediatric patients to comply with certain requirements regarding personnel, operating
facilities, equipment, monitoring procedures, recovery and discharge"; to the Committee on the
Judiciary.
By Delegates Frich, Stevens, and Tansill:
H. B. 2952 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to requiring all abortions performed during the
second or third trimester be performed in a hospital; and providing criminal penalties for violations";
to the Committee on Health and Human Resources then the Judiciary.
By Delegate Azinger:
H. B. 2953 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated section §16-2J-1, relating to requiring any abortion be performed
in a hospital or only by a physician with admitting privileges to a hospital; providing, if not
performed in a hospital, anesthesia must be given by a licensed anesthesiologist or licensed certified
nurse anesthetist; requiring certain reporting requirements of abortion or reproductive health centers
and for license suspension for failure to report; and, providing a basis for professional disciplinary
action, injunctive relief, damages and penalties for violations"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegates Craig, Leach, Morgan, Sobonya, Stephens and Howard:
H. B. 2954 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17-27-1, §17-27-2, §17-27-3 and §17-27-4, all relating to
establishing a State Trails Coordinator"; to the Committee on Government Organization then the
Judiciary.
By Delegates Boggs and Butcher:
H. B. 2955 - "A Bill to repeal §17D-4-15, §17D-4-16, §17D-4-17, §17D-4-18 and §17D-4-
19 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-3 of said code;
and to amend and reenact §17D-2A-3, §17D-2A-6, §17D-2A-7 and §17D-2A-8 of said code; to
amend and reenact §17D-5-3 of said code; and to amend and reenact §17D-6-2 of said code, all
relating to mandatory security upon motor vehicles; repealing the option of substituting the posting
of a bond or other security with the State Treasurer or the Commissioner of Motor Vehicles in lieu
of a motor vehicle liability policy; changing the method of random sampling for determining
compliance with the requirement to maintain security; changing the period of suspension of a
driver's license for failure to maintain security; requiring the court to forward evidence of compliance to the Division of Motor Vehicles; providing a criminal penalty for providing false or
fraudulent information related to mandatory security; requiring the Division to suspend the driver's
license of any person upon a showing of forging or filing any false evidence or proof of mandatory
security or information; and changing the requirements of obtaining a certificate of self insurance";
to the Committee on Banking and Insurance then the Judiciary.
By Delegate Paxton:
H. B. 2956 - "A Bill to amend and reenact §5-5-1 of the Code of West Virginia, 1931, as
amended, relating to the eligibility of faculty members at state institutions of higher education for
certain incremental pay; and making them eligible for the annual experience increment for state
employees"; to the Committee on Education then Finance.
By Delegates Hrutkay, Eldridge, Hall, Martin, Schoen, Butcher and Paxton:
H. B. 2957 - "A Bill to extend the time for the city council of Hurricane to meet as a levying
body for the purpose of presenting to the voters of the city of Hurricane an election to continue an
additional city levy to maintain the level of funding for maintenance and expenses for the street
department and public safety police department from between the seventh and twenty-eighth days
of March and the third Tuesday in April until the thirty-first day of May, two thousand five"; to the
Committee on Political Subdivisions.
Consent Calendar
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed
with him for the removal of bills from the Consent Calendar to the House Calendar:
Com. Sub. for H. B. 2002, on second reading, Consent Calendar, to the House Calendar, by
Delegate Amores.
H. B. 2469, on first reading, Consent Calendar, to the House Calendar, by Delegate Varner.
And,
H. B. 2640, on first reading, Consent Calendar, to the House Calendar, by Delegate Varner.
Third Reading
The following bills on third reading, coming up in regular order, were each read a third time:
H. B. 2892, Continuation of the Bureau for Child Support Enforcement,
And,
H. B. 2893, Continuation of the James "Tiger" Morton Catastrophic Illness Commission.
On the passage of the bills, the yeas and nays were taken (Roll No. 99), and there were--yeas
96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ennis, Ferrell, Fragale and Staton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bills (H. B. 2892 and H. B. 2893) passed.
Delegate Varner moved that H. B. 2892 take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 102), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ennis, Ferrell, Fragale and Staton.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2892) takes effect July 1, 2005.
Delegate Varner moved that H. B. 2893 take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 103), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale and Staton.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2893) takes effect July 1, 2005.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills 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:
H. B. 2150, Expanding the possible venues where a child neglect or abuse petition may be
filed,
H. B. 2271, Relating to the payment of expert fees in child abuse and neglect cases,
Com. Sub. for H. B. 2523 , Making it a crime for released inmates to contact correctional
employees and requiring that inmates be advised of such prohibition upon release,
H. B. 2525, Removing the requirement to contract for independent evaluation and report to
Legislative Oversight Commission every two years on character education program in public
schools,
And,
H. B. 2527, Authorizing employees of the multicounty vocational schools to administer the
performance tests of service personnel in the counties served by the school,
House Calendar
Unfinished Business
The following resolutions coming up in regular order, as unfinished business, were reported by the Clerk, and, on motion of Delegate Varner, laid over one day:
H. R. 17, Amending the Rules of the House of Delegates, relating to agreeing to Senate
Amendments,
And,
H. R. 19, Amending the rules of the House of Delegates relating to House concurrence on
Senate Amendments to House bills.
Third Reading
H. B. 2450, Relating to a child's right to nurse; 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. 104),
and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Canterbury, Duke, Schoen and Wakim.
Absent And Not Voting: Ferrell, Fragale and Staton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2450) 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. 2764 , Relating to allowing the Board of Medicine to issue a license
to a physician convicted of certain drug related offenses; on third reading, coming up in regular order
was read a third time.
Delegate Varner moved that the bill (Com. Sub. for H. B. 2764) take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 106), and there were--yeas 79, nays
18, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Duke, Eldridge, Ellem, Frich, Hamilton, Lane, Leggett, Louisos,
Overington, Porter, Romine, Schoen, Sobonya, Stevens, Deb, Sumner and Walters.
Absent And Not Voting: Ferrell, Fragale and Staton.
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. 2764) 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.
Second Reading
Com. Sub. for H. B. 2002, on second reading, coming up in regular order, was read a second
time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2078, Requiring the spaying or neutering of certain dogs and cats, on first reading,
H. B. 2469, Allowing an inmate to withdraw money from the mandatory 10% savings
account,
And,
H. B. 2640, Repealing the authority of county courts to provide for the working of prisoners.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Ferrell, Fragale and Staton.
At 12:06 p.m., on motion of Delegate Varner, the House of Delegates adjourned until 11:00
a.m., Thursday, March 10, 2005.