hdj2008-02-11-34

__________*__________

Monday, February 11, 2008
THIRTY-FOURTH 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 8, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.

The Majority Leader noted the presence of Delegate Marshall, who had been absent due to the recent severe illness and subsequent death of her husband. The Majority Leader and the Speaker expressed heartfelt condolences at Delegate Marshall's great loss and welcomed her return.

At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
Committee Reports

Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

H. B. 4364, Amending various requirements for motor vehicle dealers,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, 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. 4364) was referred to the Committee on the Judiciary.

Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

H. B. 4435, Exempting vehicles in a funeral procession from paying tolls on the West Virginia Turnpike,

And reports the same back, with amendment, 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. 4435) was referred to the Committee on the Finance.

Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:
S. B. 257, Repealing outdated penitentiary code provisions,

S. B. 258, Repealing outdated code provisions relating to Huttonsville Correctional Center,

And,
S. B. 262, Repealing outdated code provisions relating to Denmar State Hospital,

And reports the same back with the recommendation that they each do pass.

Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:

H. B. 4150, Requiring the purchasing of American-made flags with state funds,

And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 4150 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-6-1; to amend and reenact §7-3-2a of said code, and to amend and reenact §18-5-24 of said code, all relating to requiring that the purchase of United States flag or flags of the State of West Virginia only be made from manufacturers in the United States when public funds are used,"

With the recommendation that the committee substitute do pass and with the recommendation that the second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for H. B. 4150) to the Committee on Finance was abrogated.
Messages from the Senate

A message from the Senate, by

The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

Com. Sub. for S. B. 20 - "Urging the United States Congress pass legislation to protect the American public from toxic and hazardous imports."

Whereas, Toxic and hazardous imports such as tires, fake drugs, auto parts, contaminated food and pet food, toothpaste and lead-laden baby products and children's toys are threatening the health and safety of the American public; and

Whereas, Toxic imports are the undesirable fruit of trading with much lesser developed countries which have no incentive to raise safety, labor or environmental standards; and

Whereas, Questionable international agreements have resulted in the importation of products manufactured with lowered standards, which threaten all citizens and workers and the environment in the United States; and

Whereas, It is now time to alter course and insist that international trade agreements raise world standards for product safety, labor and the environment; and

Whereas, We are paying too high a price for inexpensive imports from countries such as China; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby urges the United States Congress to pass legislation to protect the American public from toxic and hazardous imports; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the members of the West Virginia delegation to the United States Congress.; which was referred to the Committee on Rules.
Resolutions Introduced

Delegates Cann, Fragale, Iaquinta, Miley, Andes, Azinger, Beach, Browning, Campbell, Cowles, Craig, Crosier, Eldridge, Ellis, Frederick, Hartman, Higgins, Hrutkay, Kessler, Kominar, Long, Longstreth, Mahan, Manchin, Michael, C. Miller, Palumbo, Paxton, Pino, Porter, Reynolds, Rodighiero, Rowan, Shaver, Shook, Stalnaker, Stemple, Stephens, Swartzmiller, Tabb, Varner, Williams and Yost offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 37 - "Urging the Government of Turkey to cease its discrimination of the Ecumenical Patriarchate, to grant the Ecumenical Patriarch appropriate international recognition, allow ecclesiastical succession and the right to train clergy of all nationalities, and to respect the property rights and human rights of the Ecumenical Patriarchate."

Whereas, The Ecumenical Patriarchate, located in Istanbul, Turkey, is the sacred See that presides in a spirit of brotherhood over a communion of self-governing churches of the Orthodox Christian world; and

Whereas, The See is led by Ecumenical Patriarch Bartholomew, who is the 269th in direct succession to the Apostle Andrew and hold titular primacy as primus inter pares, meaning "first among equals" in the community of Orthodox churches worldwide; and

Whereas, In 1994 Ecumenical Patriarch Bartholomew, along with leaders of the Appeal of Conscience Foundation, cosponsored the Conference on Peace and Tolerance, which brought together Christian, Jewish and Muslim religious leaders for an interfaith dialogue to help end the Balkan conflict and the ethnic conflict in the Caucasus region; and

Whereas, Following the terrorist attacks on our nation on September 11, 2001, Ecumenical Patriarch Bartholomew gathered a group of international religious leaders to produce the first joint statement with Muslim leaders that condemned the 9/11 attacks as "anti-religious"; and

Whereas, In October 2005 the Ecumenical Patriarch, along with Christian, Jewish and Muslim leaders, cosponsored the Conference on Peace and Tolerance II to further promote peace and stability in southeastern Europe, the Caucasus region and central Asia via religious leaders' interfaith dialogue, understanding and action; and

Whereas, The Orthodox Christian Church, in existence for nearly 2,000 years, numbers approximately 300 million members worldwide with more than two million members in the United States; and

Whereas, Since 1453 the continuing presence of the Ecumenical Patriarchate in Turkey has been a living testament to the religious coexistence of Christians and Muslims; and

Whereas, This religious coexistence is in jeopardy because the Government of Turkey refuses to recognize the rights and religious freedoms of the Ecumenical Patriarchate, which is considered a minority religion by the Turkish government; and

Whereas, The Government of Turkey has limited the candidates available to hold the office of Ecumenical Patriarchate to only Turkish nationals at the turn of the 20th century, and due to the continued policies of minority discrimination during this period by the Turkish government, there remain less than 3,000 of the Ecumenical Patriarchs flock left in Turkey today; and

Whereas, The Government of Turkey has reneged on its agreement to reopen the Theological School on the island of Halki, which the Turkish government closed in 1971, thus impeding training for Orthodox Christian clergy; and

Whereas, The Turkish government has confiscated nearly 94 percent of the properties of the Ecumenical Patriarchate and has placed a 42 percent tax retroactive to 1999 on the Baloukli Hospital and Home for the Aged, a charity hospital run by the Ecumenical Patriarchate; and

Whereas, The European Union, a group of nations with a common goal of promoting peace and the well-being of its peoples, began accession negotiations with Turkey on October 3, 2005; and

Whereas, The European Union defined membership criteria for accession at the Copenhagen European Council in 1993, obligating candidate countries to achieve certain levels of reform , including stability of institutions guaranteeing democracy, adherence to the rule of law and respect for and protection of minorities and human rights; and

Whereas, The Turkish government's current treatment of the Ecumenical Patriarchate is inconsistent with the membership conditions and goals of the European Union; and

Whereas, Orthodox Christians in the State of West Virginia and throughout the United States stand to lose their spiritual leader because of the continued actions of the Turkish government; therefore, be it

Resolved by the Legislature of West Virginia:

The State of West Virginia urges the Government of Turkey to uphold and safeguard religious and human rights without compromise; cease its discrimination of the Ecumenical Patriarchate; grant the Ecumenical Patriarch appropriate international recognition, ecclesiastic succession and the right to train clergy of all nationalities; and respect the property rights and human rights of the Ecumenical Patriarchate; and, be it

Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the President of the United States, to the United States Ambassador to the Republic of Turkey, to the Ambassador of the Republic of Turkey to the United States, and to Angelo Koukoulis.

Delegates Evans, Rowan and Schadler offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 38 - "Requesting the Joint Committee on Government and Finance study historical tourism in West Virginia and the allocation of funds for historical preservation."

Whereas, West Virginia has increased tourism and tourism spending over the past six years; and

Whereas, West Virginia is centrally located to the population centers in the Eastern United States and is home to many historically significant locations; and

Whereas, West Virginia can capitalize upon such locations by increasing awareness in historical tourism; and

Whereas, West Virginia is losing many of her historically significant locations due to neglect and deterioration; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study historical tourism in West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance study include historical sites for tourism advertising grants and any new grant programs to promote, preserve and protect the historical sites of West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Delegates Stephens, C. Miller, Craig, Morgan, Reynolds 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 Division of Highways name bridge number O6-O2-0.10, in Cabell County, the 'Sgt. Jackie L. Waymire Memorial Bridge'."

Whereas, Sgt. Jackie L. Waymire tragically lost his life in the Republic of Vietnam on January 9, 1967; and

Whereas, Sgt. Jackie L. Waymire's base camp came under automatic weapons fire from a reinforced Viet Cong platoon; and

Whereas, Sgt. Jackie L. Waymire led his platoon on an assault against the insurgent flank; and

Whereas, Sgt. Jackie L. Waymire charged an enemy automatic weapons emplacement and killed three insurgents before he was fatally wounded; and

Whereas, Sgt. Jackie L. Waymire was awarded the Distinguished Service Cross for extraordinary heroism for his actions on January 9, 1967; and

Whereas, It is fitting that this bridge be named for Sgt. Jackie L. Waymire to honor his life and his faithful and courageous service to his country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways to name the Third Avenue bridge, number O6-O2-0.10 in Cabell County, the "Sgt. Jackie L. Waymire 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 "Sgt. Jackie L. Waymire Memorial Bridge, Recipient of the Distinguished Service Cross, Died in Vietnam January 9, 1967 "; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.

Mr. Speaker, Mr. Thompson, and Delegates Schadler, Evans and Rowan offered the following resolution, which was read by the Clerk:

H. R. 18 - "Commemorating the death of James T. Nicol, gentleman, soldier, educator, public servant, and a great asset to his country, and faith."

Whereas, He served his country with honor in the United States Air Force, retiring in 1975 after twenty years of distinguished service; following his honorable discharge, he returned to West Virginia and added much to the state by his dedication and many contributions; and

Whereas, James T. Nicol was an outstanding citizen of West Virginia, obtaining his education at Keyser High School, West Virginia University, Fairmont State College, West Virginia University and Frostburg State College, where he excelled as an undergraduate and was awarded a Masters Degree in Education; and

Whereas, Following his education, James T. Nicol chose a rewarding career serving as a teacher of communications, electronics, social studies and English at the Vo-Tech Center in Keyser and Elk Garden High School for many years and serving as vice principal of his alma mater, Keyser High School; and

Whereas, James T. Nicol served his state as a member of the West Virginia House of Delegates from 1993-1994, serving on the Education Committee, the Agricultural and Natural Resources Committee, and the Political Subdivisions Committee; and

Whereas, Mr. Nicol was active and served the communities where he lived in many leadership posts and roles including: A director of the Chessie Federal Credit Union Board of Directors, a member of the West Virginia Student Affairs Committee; and serving as member of many organizations such as the Keyser Rotary, the National Association of Secondary School Principals, VFW Post 3518, the American Legion, Davis Lodge No. 51, Royal Arch Mason Chapter 19, Knight Templar Damascus No. 23, Boyce Houser Post 41; and

Whereas, Mr. Nicol was a deacon, elder, superintendent and teacher at the Keyser Presbyterian Church, and served his faith, country, state and community unselfishly giving of his time and resources; and

Whereas, The death of James T. Nicol should not go unnoticed; therefore, be it

Resolved by the House of Delegates:
That regret is hereby expressed by the members at the death of one of their own former members, James T. Nicol, educator, soldier, public servant, and beloved gentleman who touched many lives for the better; a man who loved his family and his beloved West Virginia, and above all made the world a better place; and, be it

Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this resolution for the family of James T. Nicol, who has suffered a great loss, including his beloved wife, Sharon Ann (Fraser) Nicol, his daughter, Sally (Raines) Brown and her husband, Wayne; and his daughter, Nancy (Raines) Mason and her husband, Kenny and; as well as to the pastor of the Keyser Presbyterian Church, the President of the Chessie Federal Credit Union and the Principal of Keyser High School.

At the respective requests of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 18) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegates M. Poling, Hartman, Paxton, Williams and Perry:
H. B. 4479 - "A Bill to amend and reenact §18A-2-9 of the Code of West Virginia, 1931, as amended, relating to mandating that school principals submit recommendations for the superintendent regarding the appointment, assignment, promotion, transfer and dismissal of all personnel; and technical changes"; to the Committee on Education.

By Delegate Michael:
H. B. 4480 - "A Bill to amend and reenact §17D-4-2 and §17D-4-12 of the Code of West Virginia, 1931, as amended, all relating to proof of financial responsibility in motor vehicle insurance"; to the Committee on Roads and Transportation then Finance.

By Delegates Beach and Shook:
H. B. 4481 - "A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to authorizing the West Virginia Commissioner of Highways to install 'move over' signs along interstate highways applicable to motorists approaching disabled or emergency vehicles on the shoulders or berms"; to the Committee on Roads and Transportation then Government Organization.

By Delegates White, Kominar, Barker, Perdue and Browning:
H. B. 4482 - "A Bill to amend and reenact §17-16A-13 of the Code of West Virginia, 1931, as amended, relating to relating to payments by the West Virginia parkways, economic development and tourism authority to the Hatfield-McCoy regional recreation authority for the purpose of funding projects of the Hatfield-McCoy regional recreation authority"; to the Committee on Agriculture and Natural Resources the Finance.

By Delegates Fragale, Iaquinta, Miley, Cann and Stalnaker:
H. B. 4483 - "A Bill to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility, school bus stop, or other child safety zone"; to the Committee on the Judiciary.
By Delegates Webster, Mahan, Fleischauer, Hrutkay, Guthrie, Long, Staggers, Shook, Varner, Brown and Pino:

H. B. 4484 - "A Bill to amend and reenact §61-2-9a of the Code of West Virginia, 1931, as amended, all relating the criminal offense of stalking, including penalties"; to the Committee on the Judiciary.
By Delegates Webster, Brown, Manchin, Moore, Hutchins, Palumbo, Reynolds, Wysong, Doyle, Ellem and Fleischauer:

H. B. 4485 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2B-15; and to amend and reenact §57-5-11 of said code, all relating to a requirement to retain any biological material that is secured in the investigation or prosecution of a criminal case for the period that a defendant remains incarcerated in connection with that case; and establishing criminal penalties"; to the Committee on the Judiciary.

By Delegates Brown, Hatfield, Staggers and Long:
H. B. 4486 - "A Bill to amend and reenact §16-4D-2, §16-4D-3 and §16-4D-4 of the Code of West Virginia, 1931, as amended, all relating to adding definitions for anticipated and unanticipated users of external defibrillators and limiting liability toward unanticipated users who render aid"; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Kessler (By Request), Burdiss, Gall, Hamilton, Rodighiero, Eldridge, Ellis
and Stephens:

H. B. 4487 - "A Bill to amend §17C-4-9 of the Code of West Virginia, 1931, as amended, relating to accident reports no longer including a driver's or involved individual's social security number"; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Kessler, Burdiss, Rodighiero, Eldridge and Stephens:
H. B. 4488 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-65, relating to prohibiting timber or land holding companies or other entities from setting up and charging for hunting club organizations; and requiring these companies or entities to permit, for a fee, licensed hunters to hunt on property owned or held by the companies or entities"; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Rodighiero, Hrutkay, Ellis, Eldridge and Reynolds:
H. B. 4489 - "A Bill to amend and reenact §50-1-8 of the Code of West Virginia, 1931, as amended, relating to requiring magistrate courts to maintain records relating to successful collection rates and making reports available to claimants and general public"; to the Committee on the Judiciary.
By Delegates Stalnaker, Tucker, Craig, Manchin, Anderson and Evans:
H. B. 4490 - "A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof"; to the Committee on Finance.

By Delegates Morgan, C. Miller, Craig, Palumbo and Higgins:
H. B. 4491- "A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to enhanced criminal penalties for violating statutory requirements for purchasing scrap metal when the scrap metal is a catalytic converter"; to the Committee on the Judiciary.
By Delegates Webster, Proudfoot, Palumbo, Mahan, Hrutkay, Higgins, Tucker, Yost, Guthrie, Sumner and White:

H. B. 4492 - "A Bill to amend and reenact §17C-5-4 and §17C-5-7 of the Code of West Virginia, 1931, as amended, all relating to requiring drivers to submit to evidentiary breath tests, blood or urine tests; setting forth requirements for blood or urine tests; authorizing issuance of warrants to perform chemical analysis of the blood or urine of persons charged with driving under the influence; and penalties"; to the Committee on the Judiciary.

By Delegates Overington, J. Miller, Shook, Sobonya, Barker and Martin:
H. B. 4493 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the first twenty thousand dollars of state pensions and social security benefits from West Virginia personal income tax"; to the Committee on Finance.
By Delegates Morgan, White, Campbell, Hutchins, Higgins, Palumbo, Andes and Kominar:

H. B. 4494 - "A Bill to amend and reenact §30-9-2, §30-9-8, §30-9-13, §30-9-16, §30-9-17, §30-9-19 and §30-9-26 of the Code of West Virginia, 1931, as amended, all relating to the regulation of the practice of accountancy"; to the Committee on Government Organization then the Judiciary.
By Delegates Martin, DeLong, Armstead, Morgan, Higgins, Hatfield, Stephens, Perdue, Hrutkay, Border and Reynolds:

H. B. 4495 - "A Bill to amend and reenact §30-7-10 of the code of West Virginia, 1931, as amended, relating to limiting the use of the titles 'registered nurse', 'nurse practitioner', and 'nurse' to certain qualified individuals"; to the Committee on Government Organization.

By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 4496 - "A Bill to repeal §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C- 6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13, and §18-7C-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-7A-14 of said code; and to amend said code by adding thereto a new article, designated §18-7D-1, §18-7D-2, §18-7D-3, §18- 7D-4, §18-7D-5, §18-7D-6, §18-7D-7, §18-7D-8, §18-7D-9 §18-7D-10, and §18-7D-11, all relating to the State Teachers Retirement System and the Teachers Defined Contribution System generally; relating to the voluntary transfer of assets from the Teachers Defined Contribution Retirement System to the State Teachers Retirement System; providing legislative findings and purpose; providing definitions; providing for election on the question of actively contributing members of the Teachers Defined Contribution Retirement System voluntarily transferring assets to the State Teachers Retirement System; setting forth requirements of election; providing responsibilities of the Consolidated Public Retirement Board; setting forth dates and time periods for transition and election; providing for education about election and transfer; requiring legal notice to members; allowing Consolidated Public Retirement Board to contract directly for professional services for purposes of performing its responsibilities related to the voluntary transfer and conducting the election; permitting only one election; providing for voluntary transfer from the Teachers Defined Contribution Retirement System to the State Teachers Retirement System upon affirmative vote by seventy percent or more of the actively contributing members; providing for transfer of assets from the Teachers Defined Contribution Retirement System to the State Teachers Retirement System upon favorable vote; providing for service credit in the State Teachers Retirement System; permitting transferring members to pay an Actuarial Reserve in order to receive full credit upon transfer; addressing withdrawals and cash outs; addressing qualified domestic relations orders; providing for vesting of members and minimum guarantees of benefits for them; and providing for due process and right to appeal"; to the Committee on Pensions and Retirement then Finance.
Special Calendar
Unfinished Business

The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

H. C. R. 21, Requesting the Joint Committee on Government and Finance to undertake a study of long-term care as it relates to the number of state residents in out-of-state long-term health facilities,
H. C. R. 22, Requesting the Division of Highways to name the Walnut Street bridge, spanning the Tygart Valley River in Grafton, West Virginia the "Mother's Day Bridge",
H. C. R. 23, Requesting the Division of Highways to name the Yates Avenue bridge, spanning Berkeley Run in Grafton, West Virginia, the "Bearcat Bridge",
H. C. R. 25, Requesting that bridge number 46-119-7.93 located in the City of Grafton be named the "Memorial City Bridge",

And,
H. C. R. 32, The "William Bradley Fulks Memorial Bridge".

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. R. 17, Expressing support for West Virginia Institute of Technology's revitalization and continued presence in Montgomery, West Virginia; coming up in regular order, as unfinished business, was read by the Clerk and adopted.
Third Reading
Com. Sub. for H. B. 4137, Clarifying that a municipality and county will be notified by an insurance company when a total loss to a structure occurs; 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. 53), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent And Not Voting: Campbell and Hutchins.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4137) 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. 4337, Authorizing the Board of Barbers and Cosmetologists to increase fees for one year; 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. 54), and there were--yeas 73, nays 25, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Andes, Armstead, Ashley, Beach, Blair, Border, Cann, Canterbury, Carmichael, Duke, Ellem, Fleischauer, Hamilton, Ireland, Lane, Marshall, Michael, C. Miller, J. Miller, Overington, Porter, Romine, Sobonya, Sumner and Walters.

Absent And Not Voting: Campbell and Hutchins.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4337) 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. 4329, Allowing a registrant to register a Class G vehicle for a two-year period and providing for alternative methods of payment of fees ,
H. B. 4348, Adding language to the code for fees for tests and certificates that were already imposed,
H. B. 4385, Revising certain powers and duties of the Legislative Auditor,
Com. Sub. for H. B. 4423, Ensuring that beer kegs are not considered scrap metal unless received directly from a beer manufacturer,

And,

H. B. 4478, Relating to the authority of certain aides to exercise control over students.
Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Campbell and Hutchins.
Miscellaneous Business

Delegate Marshall announced that she was necessarily absent when the votes were taken on Roll Nos. 2 through 52, and that had she been present, she would have voted "Yea" thereon.

Delegate Marshall addressed the House concerning her absence and the difficulties she and her family had recently experienced with the illness and death of her husband. She profusely thanked the members and staff for their concerns, for their telephone calls and visits, and for their collective friendship during the time of her bereavement.

At 11:37 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 12, 2008.