__________*__________
Tuesday, January 17, 2012
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 Monday, January 16, 2012, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive
The Speaker laid before the House of Delegates a communication from His Excellency the
Governor, which was read by the Clerk as follows:
STATE OF WEST VIRGINIA
Earl Ray Tomblin
Governor
January 16, 25305
The Honorable Richard Thompson
Speaker of the House
State Capitol
Charleston, West Virginia 25305
Dear Mr. Speaker:
Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed Justin Marcum,
Post Office Box 1985, Williamson, Mingo County, West Virginia 25661, as a Delegate representing
the Twentieth Delegate District of the House of Delegates, to fill the vacancy created by the
resignation of The Honorable K. Steven Kominar from this day through the remainder of the
unexpired term of said office.
Sincerely,
Earl Ray Tomblin,
Governor.
The Speaker then announced that Delegate Marcum had previously qualified by taking and
subscribing to the several oaths of office as prescribed by Article VI, section 16 of the Constitution.
The Speaker also announced that Delegate Marcum was present in the Chamber for today's
session and was ready to assume his duties as a member. (Applause, the members rising)
Following which,
The Speaker again called the House to order.
* * * * * * * * * *
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegates Stowers, R. Phillips, Butcher, and Rodighiero offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 18 - "Requesting the Division of Highways to name bridge number 22-10-13.01 on
WV Route 10 in Ranger, Lincoln County, the 'Aster C. Adkins Memorial Bridge'."
Whereas, Aster C. Adkins was born on August 21, 1913 and was a resident of Ranger, West
Virginia; and
Whereas, Aster C. Adkins was an employee of the United States Postal Service and during
the Christmas season would dress up as Santa Claus to hand out candy to children; and
Whereas, Aster C. Adkins was a member of the Ranger United Baptist Church and served
as choir director for more than 35 years; and
Whereas, Aster C. Adkins was instrumental in building a road from Gill, West Virginia to
Ranger, West Virginia; and
Whereas, Aster C. Adkins was very involved in his community, delivering commodities
to families who did not have transportation; and
Whereas, Aster C. Adkins was a caring and giving person, a respected member of his
community and his dedication and commitment to others served as a great example to us all;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 22-10-
13.01 on WV Route 10 in Ranger, Lincoln County, the "Aster C. Adkins Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Aster C. Adkins Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation and to the surviving family of Aster
C. Atkins.
Delegate Smith offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 19 - "Requesting the Division of Highways name the bridges on the north and south
bound lanes of I-79, numbered 21-79-98.57, near Weston, Lewis County, West Virginia the "Staff
Sergeant Raymond Armentrout Memorial Bridge."
Whereas, Raymond Armentrout was born on October 18, 1950, the son of the late Hansel
and Paige Armentrout; and
Whereas, Raymond Armentrout graduated from Saint Patrick's High School in Weston in
1968; and
Whereas, Raymond Armentrout attended West Virginia University the fall semester of 1968
and was an ROTC cadet at the university before enlisting in the Army on March 1, 1969; and
Whereas, Raymond Armentrout was sent to Viet Nam on July 6, 1970, where he served
with the 3rd squadron of the 17th Calvary, C Troop, known as "Charlie Horse"; and
Whereas, Raymond Armentrout was a crew chief and gunner on a OH-58A helicopter scout
ship whose dangerous mission was to fly low to the ground in search of North Vietnamese troops
while larger Cobra gun ships at higher altitudes would wait to engage additional support after the scout helicopter had drawn enemy fire; and
Whereas, Raymond Armentrout was killed in action on February 23, 1971, while his unit
was providing air support to a South Vietnamese invasion into Laos to cut off North Vietnamese
troops as they infiltrated south on the Ho Chi Minh Trail; and
Whereas, For his valor Raymond Armentrout was posthumously promoted to Staff Sargent
and awarded the Bronze Star and a Purple Heart. Raymond also received a National Defense Service
Medal, Air Medal, Vietnam Service Medal, Army Good Conduct Medal and Republic of Vietnam
Campaign Medal; and
Whereas, On that fateful day in 1971, Staff Sargent Raymond Armentrout gave his last full
measure of devotion to his country and to his comrades-in-arms; and
Whereas, It is only fitting and proper that these bridges be named in his honor, and that they
henceforth stand as a permanent memorial so that Staff Sargent Raymond Armentrout's supreme
sacrifice will not be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name the bridges on the north and south bound lanes of I-79,
numbered 21-79-98.57, near Weston, Lewis County, West Virginia the "Staff Sergeant Raymond
Armentrout Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying the bridge as the "Staff Sergeant Raymond Armentrout Memorial Bridge" with a
designation that Staff Sergeant Raymond Armentrout served in the Vietnam War; and, be it
Further Resolved, That the Clerk of the House of Delegates is requested to forward a certified
copy of this resolution to Raymond's brother, Tim Armentrout, and to the Secretary of the Department of Transportation.
Delegate Smith offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 20 - "Requesting that bridge number 21-119/1-0.01 on County Route 119/1 in
Lewis County, West Virginia, be named the 'SP5 Lynn Waitman Peters Memorial Bridge'."
Whereas, SP5 Lynn Waitman Peters was born to Floyd F. Peters and Loretta Self Peters on
December 22, 1938, at Pickle Street, Lewis County. He attended schools in Gilmer County
throughout his youth, leaving Troy High School to join the military. His father was the mail carrier
at Linn which is why he attended Troy school. While in high school, he was a member of the Future
Farmers of America and played trumpet in the band. He always had a love for music and also played
fiddle, mandolin and guitar; and
Whereas, SP5 Lynn Waitman Peters' lifetime dream was to become a Green Beret and to
proudly serve his country. After leaving high school he entered the Army in 1957, volunteering for
Special Forces and was a demolition expert. He attended parachute training school at Fort Benning,
Georgia and Special Forces school at Fort Bragg, North Carolina earning the rank of Specialist Five;
and
Whereas, SP5 Lynn Waitman Peters, served at Fort Knox, Kentucky from March 20, 1957
to November 1959, in Korea in September 1960, at Ft. Belvoir, Virginia from 1960 to 1963, at Ft.
Benning, Georgia from August 1963 to September 1963, at Ft. Bragg, North Carolina from
September 1963 to February 24, 1965 in the 7th Special Forces Group (Abn), and in Vietnam from
February 24, 1965 to May 25, 1965; and
Whereas, SP5 Lynn Waitman Peters was killed May 25, 1965 by sniper fire in Tay Ninh Province, South Vietnam while accompanying a convoy. He was a member of the DET A-324 (NUI
BA DEN) 5th Special Forces Group, U.S. Army; and
Whereas, SP5 Lynn Waitman Peters received the Purple Heart with one Oak Leaf Cluster,
the Bronze Star, the Vietnamese Military Merit Medal, the Vietnamese Gallantry Cross with Palm,
the Parachute Badge, the Sharp Shooter (pistol), the Good Conduct Medal and the Special Forces
Tab; and
Whereas, SP5 Lynn Waitman Peters was a young man who loved his family, his community
and his nation. He was affiliated with the Rock Grove Baptist Church and is buried in the family plot
in the Rock Grove Cemetery. His parents, along with two of his brothers, Carl F. Peters and Ronald
J. Peters and his sister, Nina L. Pyles are now buried near him; and
Whereas, SP5 Lynn Waitman Peters served his country and his state with honor and
distinction and gave the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 21-119/1-0.01 on
County Route 119/1 in Lewis County, West Virginia the "SP5 Lynn Waitman Peters Memorial
Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "SP5 Lynn Waitman Peters 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; his wife, Mary A. Peters of
Fayetteville, North Carolina; daughter Sheila Lynn Peters Baker of Fuquay-Varina, North Carolina; grandson Scott Waitman Baker of Fayetteville, North Carolina; brothers, Richard Peters, John Peters
and Michael Peters; and sisters, Mary Ann Hardbarger and Sharon Redcliff.
Delegate Hamilton offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 21 - "Requesting that bridge number 49-30-10.18 in the community of Ten Mile,
Upshur County, West Virginia, be named the 'Junior Ellsworth Reed Memorial Bridge'."
Whereas, Private First Class Junior Ellsworth Reed was born on March 6, 1931, the son of
Henry Ellsworth Reed and Frances Koon Reed of Ten Mile, West Virginia; and
Whereas, Being from a patriotic family, Private First Class Junior Ellsworth Reed enlisted
in the United States Army in Upshur County when he became of age to enlist; and
Whereas, Private First Class Junior Ellsworth Reed was deployed to Korea as a member of
the 5th Cavalry Regiment, 1st Cavalry Division of the United States Army; and
Whereas, Private First Class Junior Ellsworth Reed was killed in action August 15, 1950
while fighting the enemy in the Taegu Area of South Korea; and
Whereas, Private First Class Junior Ellsworth Reed was the first Upshur County soldier to
be reported killed in action in Korea; and
Whereas, Private First Class Junior Ellsworth Reed is buried in the Big Bend Church
Cemetery, Sago, West Virginia; and
Whereas, Private First Class Junior Ellsworth Reed is deserving of a fitting tribute, having
served his country and his state with honor and having given the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 49-30-10.18 in the community of Ten Mile, Upshur County, West Virginia, the "Junior Ellsworth Reed Memorial
Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "Junior Ellsworth Reed 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 to the Veterans of Foreign Wars,
West Virginia Post 3663, Buckhannon, WV.
Delegates Brown, Guthrie, Hatfield, Hunt, Poore, Skaff, Wells, Armstead, Lane, Nelson and
Walters offered the following resolution, which was read by the Clerk as follows:
H. R. 6 - "Recognizing the statewide contributions of the Clay Center for the Arts and
Sciences of West Virginia."
Whereas, The Clay Center opened its doors on July 13, 2003 as one of only three venues
in the country to combine science, visual and performing arts in one facility; and
Whereas, The Clay Center's Avampato Discovery Museum is West Virginia's only
interactive science museum; and
Whereas, The Clay Center's Juliet Museum of Art is one of just four public museums in
West Virginia with a permanent art collection; and
Whereas, More than fifty thousand students from fifty West Virginia counties and twenty-
one counties in surrounding states have benefitted from the Clay Center's science and art programs;
and
Whereas, More than six hundred fifty West Virginia students have received free instruments and music lessons through the Clay Community Arts program; and
Whereas, Through physical outreach presentations and virtual distance learning programs,
close to three thousand students from across the state have visited the Clay Center without ever
leaving the classroom; and
Whereas, More than 1.3 million people from forty-nine states have visited the Clay Center
since its opening; and
Whereas, Clay Center activities add approximately $16.4 million to West Virginia's
economy each year; and
Whereas, Close to four hundred jobs are generated by the Clay Center; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby honors the Clay Center for the Arts and Sciences of West
Virginia on January 17, 2012; and, be it
Further Resolved, That the House of Delegates invites all members of the West Virginia
Legislature and all citizens of West Virginia to join in recognizing the Clay Center for the Arts and
Sciences of West Virginia and its contributions to our State; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Clay Center of the Arts and Sciences of West Virginia.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 6) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Committee Reports
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4072, Eliminating requirement for county boards of education to meet on the first
Monday of July,
And reports the same back with the recommendation that it do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4027, Relating to providing salary equity supplement payments to teachers and service
personnel,
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. 4027) was referred to
the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4045, Relating to the practice of dietetics,
And,
H. B. 4046, Repealing obsolete code provisions,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4045 and H. B. 4046)
were each referred to the Committee on the Judiciary.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2533, Requiring the identities of signatories to a certificate for a person seeking ballot
access to be made public and verified,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2533 - "A Bill to amend and reenact §3-5-23 of the Code of West
Virginia, 1931, as amended, relating to nomination certificates for candidates for public office;
clarifying who may be a candidate; requiring the identities of signatories to a nominating certificate
for a person seeking ballot access to be made public; requiring the investigation of the validity of
signatures; and the verification of signatures by the Secretary of State if the office covers more than
one county,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3142, Increasing the allowable number of magistrate court deputy clerks by five,
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. 3142) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4043, Relating to the hospitalization of emancipated and unemancipated minors in
mental health facilities,
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. 4043) was referred to
the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 4086 - "A Bill to amend and reenact §11-6F-2 and §11-6F-4 of the Code of West
Virginia, 1931, as amended, all relating to designating certain property as a qualified capital addition
to a manufacturing facility and extending that property special valuation for twenty-five years"; to
the Committee on Energy, Industry and Labor, Economic Development and Small Business then
Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 4087 - "A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931,
as amended, relating to the severance and business privilege tax; and continuing the discontinuance
of the severance and business privilege tax on the privilege of severing timber"; to the Committee
on Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 4088 - "A Bill to repeal §11-13B-1, §11-13B-2, §11-13B-3, §11-13B-4, §11-13B-5,
§11-13B-6, §11-13B-7, §11-13B-8, §11-13B-9, §11-13B-10, §11-13B-10a, §11-13B-11, §11-13B-
12, §11-13B-13, §11-13B-14, §11-13B-15, §11-13B-16, §11-13B-17, §11-13B-18 and §11-13B-19
of the Code of West Virginia, 1931, as amended, all relating to the West Virginia
Telecommunications Tax Act"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 4089 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as
amended, relating to updating the meaning of federal adjusted gross income and certain other terms
used in the West Virginia Personal Income Tax Act; and specifying effective dates"; to the
Committee on Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 4090 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as
amended, relating to updating the meaning of 'federal taxable income' and certain other terms used
in the West Virginia Corporation Net Income Tax Act in order for the definitions to conform with the Internal Revenue Code's definitions"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 4091 - "A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §17C-14-15, all
relating to traffic safety; establishing the offense of operating a motor vehicle while sending or
reading a text message or using a wireless communication device without hands-free technology;
providing exceptions; providing definitions; providing penalties; and making graduated driver's
license provisions consistent with new offenses"; to the Committee on Roads and Transportation
then the Judiciary.
By Delegates Staggers, Hall and Ferro
[By Request of the Division of Highways]:
H. B. 4092 - "A Bill to amend and reenact §17C-3-4b of the Code of West Virginia, 1931,
as amended, relating to signage for construction zones and other traffic restrictions"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegates Staggers, Ferro and Hall
[By Request of the Division of Highways]:
H. B. 4093 - "A Bill to amend and reenact §17C-13-5 of the Code of West Virginia, 1931,
as amended, relating to the removal of vehicles from state highways in order to restore traffic
movement in emergency situations; liability"; to the Committee on Roads and Transportation then
the Judiciary.
By Delegates Michael, Hartman, Caputo, Romine and Williams:
H. B. 4094 - "A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931,
as amended, relating to eliminating the timber severance tax for an additional three years"; to the
Committee on Finance.
By Delegates Michael, Hartman, Caputo, Romine and Williams:
H. B. 4095 - "A Bill to amend and reenact §19-1A-4 of the Code of West Virginia, 1931,
as amended, relating to permitting the Director of the Division of Forestry to enter into stewardship
contracts with the United States Forest Service"; to the Committee on Government Organization
then the Judiciary.
By Delegates Perdue, Hatfield, Lawrence, Marshall, Moye, Poore, Staggers, Ferns,
Ellington, J. Miller and Rowan:
H. B. 4096 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4, all relating to
the creation of the Unintentional Pharmaceutical Drug Overdose Fatality Review Team under the
Office of the Chief Medical Examiner; setting forth membership of the team; setting forth
responsibilities of the team; providing for certain actions the team may not take in exercising its
duties; providing for an annual report to the Governor and Legislature and its contents; providing
for confidentiality of the team's proceedings, records and opinions; setting forth record-keeping
requirements; requiring other state agencies, hospitals and other health agencies to cooperate with
the team; and granting rule-making authority"; to the Committee on Health and Human Resources
then Government Organization.
By Delegates Morgan, Doyle and Lawrence:
H. B. 4097 - "A Bill to amend and reenact §30-27-3 and §30-27-8 of the Code of West Virginia, 1931 as amended, all relating to professions and occupations; Board of Barbers and
Cosmetologists; and creating a license to practice hair styling"; to the Committee on Government
Organization.
By Delegates Perdue, Hatfield, Lawrence, Marshall, Moye, Poore, Staggers, Ferns,
Ellington, J. Miller and Rowan:
H. B. 4098 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18C-3-1a, relating to providing a loan forgiveness program for
dentists and hygienists"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perdue, Hatfield, Lawrence, Marshall, Moye, Poore, Staggers, Ferns,
Ellington, J. Miller and Rowan:
H. B. 4099 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §9-5-12a, relating to the Department of Health and Human
Resources and Medicaid by requiring the coverage by Medicaid of dental services for the mother of
a child who is the recipient of Medicaid services"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Walker, Perry, Ellem, D. Poling and Hamilton:
H. B. 4100 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §61-2A-1, §61-2A-2, §61-2A-3, §61-2A-4, §61-2A-5 and
§61-2A-6, all relating to creation of new criminal offenses for the trafficking of persons, illegal
aliens and involuntary servitude; creating definitions; establishing involuntary servitude offenses;
establishing offenses involving sexual servitude of a minor; establishing offenses for trafficking of
persons for forced labor or services; and requiring restitution"; to the Committee on the Judiciary.
By Delegates Perry, Shaver, D. Campbell, Lawrence, Pethtel, Armstead, Duke, Savilla,
Sigler, Paxton and M. Poling:
H. B. 4101 - "A Bill to amend and reenact §18A-3-1 and 18A-3-2a of the code of West
Virginia, 1931, as amended, all relating to authorizing teacher-in-residence programs for certain
prospective teachers in lieu of student teaching; defining teacher-in-residence programs and
providing minimum requirements; providing use of certain funds for program support and student
stipend; creating teacher-in-residence permit and specifying conditions; conforming sections to other
provisions of law and removing duplicative and outdated language; and authorizing counties with
comprehensive induction programs to use consistent structure for supervision and training of student
teachers"; to the Committee on Education then the Judiciary.
By Delegates Morgan, Stephens, Hall, Hatfield, Hartman, Howell, Nelson, Snuffer,
Staggers and Swartzmiller:
H. B. 4102 - "A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended;
to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding
thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6,
§29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; to amend and
reenact §61-3E-1 and §61-3E-11 of said code, all relating to the regulation of fireworks; defining
terms; setting forth the State Fire Marshal's authority; requiring a registration, certification or permit;
establishing the requirements for a registration, certification and permit; establishing a special
revenue account; setting forth the State Fire Marshal's rule-making authority; providing authority
to investigate complaints; providing administrative fines; and providing criminal penalties"; to the
Committee on Government Organization then the Judiciary.
House Calendar
Second Reading
H. B. 2402, Redefining the term "public record" as it is used in the Freedom of Information
Act; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading, and the rule was suspended to permit the offering and consideration of an amendment
heretofore filed by Delegate Armstead.
Com. Sub. for H. B. 2521, Eliminating the requirement of serving domestic violence orders
by certified mail; on second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
Com. Sub. for H. B. 3128, Relating to filing a civil petition for expungement of records
relating to an arrest; on second reading, coming up in regular order, was read a second time and
ordered to engrossment and third reading.
H. B. 3132, Requiring a judge's permission before a juror's information can be released; on
second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.
At 11:25 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 18,
2012.