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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

House Journal


Day 01 (01-11-2012)
Day 02 (01-12-2012)
Day 03 (01-13-2012)
Day 06 (01-16-2012)
Day 07 (01-17-2012)
Day 08 (01-18-2012)
Day 09 (01-19-2012)
Day 10 (01-20-2012)
Day 13 (01-23-2012)
Day 14 (01-24-2012)
Day 15 (01-25-2012)
Day 16 (01-26-2012)
Day 17 (01-27-2012)
Day 20 (01-30-2012)
Day 21 (01-31-2012)
Day 22 (02-01-2012)
Day 23 (02-02-2012)
Day 24 (02-03-2012)
Day 27 (02-06-2012)
Day 28 (02-07-2012)
Day 29 (02-08-2012)
Day 30 (02-09-2012)
Day 31 (02-10-2012)
Day 34 (02-13-2012)
Day 35 (02-14-2012)
Day 36 (02-15-2012)
Day 37 (02-16-2012)
Day 38 (02-17-2012)
Day 41 (02-20-2012)
Day 42 (02-21-2012)
Day 43 (02-22-2012)
Day 44 (02-23-2012)
Day 45 (02-24-2012)
Day 48 (02-27-2012)
Day 49 (02-28-2012)
Day 50 (02-29-2012)
Day 51 (03-01-2012)
Day 52 (03-02-2012)
Day 55 (03-05-2012)
Day 57 (03-07-2012)
Day 58 (03-08-2012)
Day 61 (03-11-2012)
hdj2012-1-12-02


__________*__________




Charleston, Thursday, January 12, 2012

SECOND 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 Wednesday, January 11, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     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

     Delegate R. Phillips offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 2 - "Requesting that bridge number 23-119/5-3.24 on County Route 119/5 in Logan County, West Virginia, be named the 'PVT Ervin L. Arnold Memorial Bridge'."
     Whereas, Private Ervin L. Arnold was born to Fred and Effie Arnold on January 11, 1931 in Pine Creek, Logan County. He attended Omar Junior High School and loved to hunt and fish. He also enjoyed playing baseball and basketball and once made a basketball out of old coffee sacks and tape; and
     Whereas, Private Ervin L. Arnold enlisted in the U. S. Army in February 1952; and
     Whereas, Private Ervin L. Arnold was killed on November 20, 1952 in North Korea when a mortar shell hit his foxhole as he was writing a letter home; and
     Whereas, Private Ervin L. Arnold was a member of the Pine Creek Free Will Baptist Church and is buried at the Forest Lawn Cemetery in Logan County; and
     Whereas, Private Ervin L. Arnold 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 23-119/5-3.24 on County Route 119/5 in Logan County, West Virginia the "PVT Ervin L. Arnold 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 "PVT Ervin L. Arnold 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 brothers, Stacey Arnold and Dale Arnold, both of Pomeroy, Ohio; and his close childhood friend, Hobert Adkins.
     Delegate R. Phillips offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 3 - "Requesting that bridge number 23-44-9.12 on Route 44 in Logan County, West Virginia, be named the 'Warrant Officer Dale Shaheen Memorial Bridge'."
     Whereas, Warrant Officer Dale Shaheen was born to John and Annie Shaheen on May 19, 1925 in Buffalo Creek, Logan County. During his school years he worked at his parent's grocery store. He graduated from Logan High School; and
     Whereas, Warrant Officer Dale Shaheen enlisted in the U. S. Army in 1943 and on September 9, 1943 qualified for preactivation as a cadet in the Air Crew; and
     Whereas, Warrant Officer Dale Shaheen attended Flight School and became a pilot of a B- 25 bomber; and
     Whereas, Following his discharge in 1946 Warrant Officer Dale Shaheen opened both a grocery store and a beer distributorship in Omar; and
     Whereas, Warrant Officer Dale Shaheen was a pilot for the Middle East Airlines for two years beginning in 1958; and
     Whereas, From 1960 until retirement Warrant Officer Dale Shaheen successfully operated a Stewart's Root Beer drive-in and a Mary Carter Paint store in Williamson; and
     Whereas, In his spare time Warrant Officer Dale Shaheen's passions were flying his twin engine Beechcraft airplane and giving his time and energy to the community; and
     Whereas, Warrant Officer Dale Shaheen died of cancer on March 3, 1996 and his ashes were buried at the Forest Lawn Cemetery where his parents were laid to rest; and
     Whereas, Warrant Officer Dale Shaheen served his country and his state with honor and distinction; therefore, be it
Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 23-44-9.12 on Route 44 in Logan County, West Virginia the "Warrant Officer Dale Shaheen 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 "Warrant Officer Dale Shaheen 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 sister Cosette Dickenson of Priestly Ridge, West Virginia; and his close friend, Hobert Adkins.
     Delegate R. Phillips offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 4 - "Requesting the Division of Highways to name bridge number 23-119/05-3.56 on Pine Creek Road, in Logan County, West Virginia, the "Gordon M. Sorrell Memorial Bridge".
     Whereas, Gordon M. Sorrell was born on October 17, 1921, in Gilbert, Mingo County; and
     Whereas, Gordon M. Sorrell graduated from Logan High School in 1940; and
     Whereas, Gordon M. Sorrell was inducted into the United States Army Air Corp on October 30, 1945; and
     Whereas, Gordon M. Sorrell attained the rank of Staff Sergeant, 4000th AAF; and
     Whereas, Gordon M. Sorrell was in a plane that was shot down over Germany during his fourteenth mission on September 28, 1944; and
     Whereas, Gordon M. Sorrell was a prisoner of war in a German prison camp for seven months and five days; and
     Whereas, Gordon M. Sorrell was awarded the Purple Heart Medal, the Air Medal with two Oak Leaf Clusters, three Bronze Stars and the Good Conduct Medal; and
     Whereas, Gordon M. Sorrell served his country with honor and distinction until his honorable discharge on October 27, 1945; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 23-119/05-3.56 on Pine Creek Road, in Logan County, the "Gordon M. Sorrell 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 "Gordon M. Sorrell 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 family of Gordon M. Sorrell.  
     Delegate R. Phillips offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 5 - "Requesting the Division of Highways to name County Route 119/05, Pine Creek Road, located in Logan County, West Virginia, the 'Adkins Brothers Memorial Road'."
     Whereas, Harvey, Jason, Billy, Franklin, Clifton, Leon, Lowell, Vernon and Linden Adkins are brothers, all of whom were raised in West Virginia;
     Whereas, Harvey Adkins enlisted in the United States Army in 1943, and served in Europe during World War II; and
     Whereas, Jason Adkins enlisted in the United States Army in 1945, and served between the end of World War II and the Korean conflict; and
     Whereas, Clifton Adkins enlisted in the United States Army in 1959, and served until 1981; and
     Whereas, Vernon Adkins enlisted in the United States Army in 1958, and served in Vietnam; and
     Whereas, Linden Adkins enlisted in the United States Army in 1965, and served until 1967; and
     Whereas, Leon Adkins enlisted in the United States Air Force in 1948, and served during the Korean conflict; and
     Whereas, Lowell Adkins enlisted in the United States Air Force in 1954, and served in both Thailand and Vietnam; and
     Whereas, Billy Adkins served in both the United States Army and the United States Air Force beginning in 1948, and served in Europe during the Korean conflict; and
     Whereas, Franklin Adkins served in both the United States Army and the United States Air Force beginning in 1956, and served until 1976; and
     Whereas, The nine Adkins brothers honorably served a combined total of 101 years and three months in the military; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name County Route 119/05, located in Logan County, West Virginia, the "Adkins Brothers Memorial Road"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to cause to have made and be placed signs to read in prominent lettering "Adkins Brothers Memorial Road" at each entrance of the road, indicating that the road has been so named; 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 Department of Transportation and the surviving family of the nine Adkins Brothers.
     Delegates Iaquinta, Cann, Fragale and Miley offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 6 - "Requesting that bridge number 17-20-1.14 on Route 20 in Harrison County, West Virginia, be named the "John Charles Giese Memorial Bridge."
     Whereas, John Charles Giese was born on October 21, 1926 in St. Petersburg, Florida and passed away on March 12, 2011; and
     Whereas, John Charles Giese graduated in 1950 from the University of Florida with a Bachelor's Degree in Civil Engineering; and
     Whereas, Immediately following graduation, John Charles Giese accepted a postgraduate internship with the American Bridge Company in Ambridge, Pennsylvania as a Structural Detailer and later accepted a position with Bridge and Marine Test Branch at Fort Belvoir, in Virginia testing military bridges; and
     Whereas, In 1995 John Charles Giese moved to West Virginia working as a bridge engineer with the firm of Frank McEnteer; and
     Whereas, In 1997 John Charles Giese opened his own firm, John C. Giese Engineers, Inc., in Clarksburg and continued working on Interstate 81; and
     Whereas, John Charles Giese designed the first full cloverleaf in West Virginia on Interstate 81; and
     Whereas, John Charles Giese served in the United State Navy and in 2007 was elected to the West Virginia Academy of Civil Engineers; and
     Whereas, During his fifty-eight years as an engineer John Charles Giese designed approximately six hundred bridges in West Virginia; and
     Whereas, John Charles Giese's wife Sylvia earned her master's degree at West Virginia University and four of their six children graduated from West Virginia University, their eldest son having received a Masters in Civil Engineering; and
     Whereas, In 2008 John Charles Giese and his wife Sylvia moved to Crystal River, Florida where he passed away; and
     Whereas, John Charles Giese was a member of the Immaculate Conception Parish in Clarksburg and St. Benedict's Catholic Church in Crystal River; and
     Whereas, John Charles Giese served his country and his state with honor and distinction; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 17-20-1.14 on Route 20 in Harrison County, West Virginia the "John Charles Giese 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 "John Charles Giese 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 loving wife, Sylvia Giese; his daughters, Sylvia G. Casey, Virginia G. Karlsen and Dr. Alexis A. Giese; and his sons, J. Christopher Giese, Patrick Giese and Samuel Giese.
     Delegates Brown, Guthrie and Hatfield offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 7 - "Requesting that bridge number 20-64-49.73 on Interstate 64 in Kanawha County, West Virginia, be named the 'Second Lieutenant Theodore Remington Woo Memorial Bridge'."
     Whereas, Second Lieutenant Theodore Remington Woo was born on December 6, 1925 in Charleston and graduated from Charleston High School in 1946; and
     Whereas, Being from a patriotic family, Second Lieutenant Theodore Remington Woo was, like other relatives, such as Grant Woo, Wilson Woo, Benjamin Franklin Woo and George Woo, named after a president or other significant figure in United States history; and
     Whereas, Second Lieutenant Theodore Remington Woo loved West Virginia spending his youth with his family residing on Summers Street and helping out at the family restaurant, The Canton. He also spent many hours along the Kanawha River and visited his brother George Woo, a former member of the West Virginia House of Delegates, on weekends in South Charleston.
     Whereas, Second Lieutenant Theodore Remington Woo attended West Virginia University before enlisting in the United States Army and saw combat action with the 93rd Division of the Third Army in France, Germany and Czechoslovakia; and
     Whereas, During his service in Europe, then a Private First Class, Second Lieutenant Theodore Remington Woo received the Bronze Star for "Meritorious Achievement in Ground Operations Against the Enemy in European Theater of Operations"; and
     Whereas, Following his discharge in 1946 Second Lieutenant Theodore Remington Woo reenrolled at West Virginia University and resumed his studies. During his senior year in December 1950, he was recalled to active duty to Fort Knox where he served as an infantry instructor until September 1951; and
     Whereas, On September 27, 1951 Second Lieutenant Theodore Remington Woo arrived in Korea as a Platoon Leader in Company E, 2nd Battalion, 5th Cavalry Regiment (Infantry), lst Cavalry Division; and
     Whereas, On October 3, 1951 Second Lieutenant Theodore Remington Woo distinguished himself by extraordinary heroism in action at Mago-Ri, near Chorwan, Korea where he gave his life; and
     Whereas, For his heroism on that day Second Lieutenant Theodore Remington Woo was awarded the Distinguished Service Cross Citation. That citation reads, "Lieutenant Woo led his platoon to the company's objective under intense mortar and small-arms fire. In the initial assault, he outdistanced his leading elements and knocked out an enemy bunker. Although wounded in the arm, he left the hill, reorganized the platoon, and again led them to the objective. Before he could organize to hold the captured hill, a powerful enemy counterattack struck the position. Lieutenant Woo was again wounded, the platoon's ammunition was exhausted and its withdrawal became necessary. While he was courageously directing the withdrawal and evacuation of the wounded, he was killed by an enemy mortar shell. Lieutenant Woo's heroic action and unhesitating devotion to duty are in keeping with the best traditions of the military service."; and
     Whereas, Second Lieutenant Theodore Remington Woo was the first soldier of Chinese descent from West Virginia to die in combat in any war in which the nation has been engaged; and
     Whereas, Second Lieutenant Theodore Remington Woo is buried in Boston, Massachusetts alongside his father Matthew J. Woo, his mother Loo Shee Woo, his brothers George Woo, Henderson Woo, Grant Woo, Wilson Woo, and his sisters, Virginia Woo Dare and Irene Woo.
     Whereas, In addition to the Bronze Star and Distinguished Service Cross Citation, Second Lieutenant Theodore Remington Woo was also awarded the Purple Heart, the Combat Infantryman's Badge, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Korean Presidential Unit Citation and the Republic of Korea War Service Medal; and
     Whereas, In 1963, the l02nd South Korean Army Engineer Battalion, fifteen miles north of Seoul, Korea, changed the name of the South Korea army camp to Camp Woo to honor Second Lieutenant Theodore Remington Woo's distinguished service and extraordinary heroism; and
     Whereas, Second Lieutenant Theodore Remington Woo served his country and his state with extraordinary honor and distinction 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 20-64-49.73 on Interstate 64 in Kanawha County, West Virginia, the "Second Lieutenant Theodore Remington Woo 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 "Second Lieutenant Theodore Remington Woo 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 his brothers B. Franklin Woo, Davis Woo and Raymond Woo, his niece Lisa Jane Woo and his nephew Theodore Joseph Woo.
     On motion for leave, Joint Resolutions were introduced, read by their titles and referred as follows:
By Delegates Manchin, Caputo, Frazier, Doyle, Longstreth, D. Poling, Stephens and Varner:
     
H. J. R. 101 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to reducing from sixty percent to a simple majority the number of votes required for approval of an excess levy, bond issue of incurring of indebtedness by a county, a municipality or a county board of education; allowing counties, cities, school districts and municipal corporations to approve, by a vote of the people, levies, excess levies, the incurring of indebtedness and bond issues by a majority of the votes cast for and against the same, notwithstanding any other provision of the Constitution to the contrary; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
     By Delegate Kump:
     H. J. R. 102 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof, relating to imposing a limit of eight consecutive years that a legislator may serve; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
     By Delegate Kump:
     
H. J. R. 103 - "Proposing an amendment to the Constitution of the State of West Virginia, amending sections one, two and seventeen, article VII thereof, relating to the executive department and creating the Office of Lieutenant Governor; election and vacancy in the lieutenant governorship; providing that the Lieutenant Governor will serve as the chairperson of the Public Service Commission; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
     Delegates Staggers and L. Phillips offered the following resolution, which was read by the Clerk as follows:
     H. R. 4 - "Designating January 12, 2012, as 'Transportation Day at the Capitol'."
     Whereas, West Virginia's extensive system of roads, highways and bridges provide the state's residents, visitors and businesses with a high level of mobility; and
     Whereas, As West Virginia looks to enhance and build a thriving, growing and dynamic state, it will be critical that it is able to provide a 21st Century network of roads, highways and bridges that can accommodate the mobility demands of a modern society; and
     Whereas, The United States and West Virginia look to rebound from the current economic downturn, improving the state's transportation system could play an important role in enhancing West Virginia's economic well being by providing critically needed jobs in the short term by improving the productivity and competitiveness of the state's businesses in the long term; and
     Whereas, West Virginia is only one in four states that takes care of both state and county roads; and
     Whereas, West Virginia's Department of Transportation has the responsibility for roughly 39,000 miles of public highway, which makes it the sixth largest state maintained highway network in the nation; and
     Whereas, West Virginia leads the nation in percentage of miles that are state maintained at 94 percent; and
     Whereas, Vehicle travel in West Virginia increased by 33 percent from 1990 to 2007, jumping from 15.4 billion vehicle miles traveled in 1990 to 20.6 billion in 2007; and
     Whereas, By 2025 it is estimated that vehicle travel in West Virginia will increase by another 25 percent; and
     Whereas, $38 billion in goods are shipped from sites in West Virginia with another $37 billion in goods being shipped annually to sites in West Virginia, mainly by truck; and
     Whereas, Commercial trucking in West Virginia is projected to increase 36 percent by 2020; and
     Whereas, Since fiscal year 1994, the state's road fund has experienced a decline of nearly one-third in the real value of total dedicated tax revenues; and
     Whereas, The West Virginia Department of Transportation projects transportation funding shortfalls of approximately $5 billion from 2009 to 2018; and
     Whereas, Transportation funding challenges and possible shortfalls could result in job losses for many West Virginians whose employment is connected directly to the state's construction or engineering industries or whose business or jobs are dependent on a safe, modern and reliable transportation infrastructure; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby designates January 12, 2012, as "Transportation Day at the Capitol"; and, be it
     Further Resolved, That the House of Delegates understands the importance of developing a long-term plan for the state's transportation needs and priorities; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor of West Virginia, the Cabinet Secretary of the West Virginia Department of Transportation and the Contractors Association of West Virginia.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 4) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Petitions

     Delegate Walker presented a petition on behalf of his constituents, expressing opposition to any proposal which will result in the closure of the United States Post Office located at Nebo, Clay County, West Virginia; which was referred to the Committee on Political Subdivisions.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Morgan, Stephens, Hatfield, Hartman, Staggers and Talbott:
     
H. B. 4001 - "A Bill to amend and reenact §30-1-6 of the Code of West Virginia, 1931, as amended, relating to professional licensing boards; authorizing boards to establish fees by legislative rule notwithstanding specific fees established in code; and providing for methods of notifying licensees of proposal of fees in legislative rules"; to the Committee on Government Organization.
By Delegates Morgan, Stephens, Hatfield, Hartman, Staggers and Talbott:
     
H. B. 4002 - "A Bill to amend and reenact §30-1-2a of the Code of West Virginia, 1931, as amended, relating to annual seminar requirements for professional licensing boards"; to the Committee on Government Organization.
By Delegates Morgan, Stephens, Hatfield, Hartman, Householder, Staggers and Talbott:
     
H. B. 4003 - "A Bill to amend and reenact §30-1-5 of the Code of West Virginia, 1931, as amended, relating to professional licensing boards; modifying who has the authority to call meetings and administer oaths; clarifying the establishment of quorums; providing that persons who report violations in good faith are not subject to civil damages; requiring boards to maintain a business office open to the public; and requiring board members to adhere to ethical standards for appointed officials requiring boards to maintain a business office open to the public"; to the Committee on Government Organization.
By Delegates Morgan, Stephens, Hatfield, Hartman, Householder, Staggers and Talbott:
     
H. B. 4004 - "A Bill to amend and reenact §30-1-4a of the Code of West Virginia, 1931, as amended, relating to the appointment of citizen members to professional licensing boards"; to the Committee on Government Organization.
By Delegates Frazier, Smith, Butcher, Perry, Wells, Doyle, Hunt, Moore, Border and Ellem:
     
H. B. 4005 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-3, relating to prohibiting the use of a mobile communication device to engage in text messaging or additional technologies while operating a motor vehicle; exceptions and providing penalties"; to the Committee on the Judiciary.
By Delegate Manchin:
     
H. B. 4006 - "A Bill to amend and reenact §21-3C-10a of the Code of West Virginia, 1931, as amended, relating to elevator workers' licensure exemptions"; to the Committee on Government Organization.
By Delegates Iaquinta, Longstreth, Fleischauer, Jones, Stephens, Walker and Azinger:
     
H. B. 4007 - "A Bill to amend and reenact amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to unemployment benefits for certain spouses of military personnel; providing that an individual who has voluntarily quit employment to accompany a spouse serving in active military service who has been reassigned from one military assignment to another is not disqualified for benefits; and providing that the account of the employer of the individual who leaves employment to accompany a spouse reassigned from one military assignment to another may not be charged for those benefits"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegate Staggers:
     
H. B. 4008 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5X-1, §16-5X-2 and §16-5X-3, all relating to a requirement that physicians and other licensed prescribers offer the drug Naloxone to their patients who are prescribed opiates for chronic pain or patients who are engaged in methadone or suboxone treatment programs in order that the medication be readily available in the event of an accidental overdose and, therefore, lifesaving; education of patient and family or caregivers"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Howell, Kump, Cowles, Evans and Rowan:
     
H. B. 4009 - "A Bill to amend and reenact §51-2A-3 of the Code of West Virginia, 1931, as amended, relating to courts and their officers; family courts; and adding one family court judge to the twenty-third family court circuit"; to the Committee on the Judiciary then Finance.
By Delegates Smith and Lawrence:
     
H. B. 4010 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-19, relating to requiring a convicted sex offender who volunteers for an organization whose volunteers have contact with minors to inform that organization of his or her conviction; requiring the organization that accepts the sex offender as a volunteer to notify the parents or guardians of those minors of his or her conviction; and setting forth penalties"; to the Committee on the Judiciary then Finance.
By Delegates Butcher, Stowers and Barker:
     
H. B. 4011 - "A Bill to amend and reenact §19-23-10 the Code of West Virginia, 1931, as amended, relating to the distribution of funds from certain racing funds; requiring deposits into the West Virginia Greyhound Breeding Development Fund be used for: (1) Supplemental purse awards, stake races and training track facilities; (2) administration, promotion and education; and (3) for greyhound adoption programs, including spaying and neutering of West Virginia whelped greyhounds; setting forth the percentages for each use; providing that any moneys remaining in the fund be used for supplemental purse awards to owners and breeders of West Virginia whelped greyhounds on a pro rata basis to those owners and breeders having earned supplemental purse awards; increasing the minimum percentage of the total moneys deposited into the development fund to be given as bonus awards; modifying the provisions for restricted races; and providing rulemaking authority"; to the Committee on Agriculture then Finance.
By Delegates Morgan, Manypenny, Martin and Swartzmiller:
     
H. B. 4012 - "A Bill to amend and reenact §16-1-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-16-4 of said code; and to amend and reenact §30-26-3 of said code; all relating to boards; changing the membership of boards; removing the Commissioner of the Bureau for Public Health from certain boards; removing the requirement that the commissioner provide support to certain boards; and updating the name of certain boards"; to the Committee on Government Organization.
By Delegates Caputo, Longstreth, Manchin, M. Poling, Givens, Rowan, Smith, Martin, Ellem, Walker and Frazier:
     
H. B. 4014 - "A Bill to amend and reenact §18A-3A-2 of the Code of West Virginia, 1931, as amended, relating to creating the 'Jason Flatt Act of 2012'; providing teachers, administrators and others having direct contact with students on the warning signs and resources to assist with suicide prevention; and providing teachers, administrators and others having direct contact with students with the education and training necessary to ensure the safety of state schools"; to the Committee on Education then Finance.
By Delegates Moore, Guthrie, Lawrence, Marshall, Stephens and Caputo:
     
H. B. 4015 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the Herbert Henderson Office of Minority Affairs; establishing the powers and duties of the office; providing for an executive director, staff and office; requiring annual reports to the Governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund"; to the Committee on the Judiciary then Finance.
By Delegates Doyle, Brown, Hatfield, Marshall, Ellem, Moore, Fleischauer and D. Poling:
     
H. B. 4016 - "A Bill to amend and reenact §3-12-6 of the Code of West Virginia, 1931, as amended; relating to public campaign financing; providing sources of revenue for the Supreme Court of Appeals Public Campaign Financing Fund; authorizing a transfer from the Treasurer's Unclaimed Property Trust Fund to the financing fund; authorizing fair administration of justice attorney fees; authorizing fair administration of justice court fees; requiring attorneys to pay additional fees; requiring the payment of additional fees to file civil actions; and providing for the collection and deposit of those funds into the financing fund"; to the Committee on the Judiciary then Finance.
By Delegate Guthrie:
     
H. B. 4017 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6 and §5B-2I-7, all relating to arts, entertainment and enterprise districts; establishing a board for the purpose of designating areas as an arts, entertainment and enterprise district; providing for the makeup of the board; definitions; providing for application by municipalities and political subdivisions to designate an area an arts, entertainment and enterprise district; requiring the board to adopt by-laws and establish and application procedure and criteria for the designation of arts, entertainment and enterprise districts; and requiring the chairperson of the board to report to the Legislature on the efforts of other states to create arts, entertainment and enterprise districts and the benefit of related tax credits and potential funding sources for related tax credits"; to the Committee on Political Subdivisions then Finance.
By Delegates Hunt, Miley, Moore, Wells, Skaff, Poore and Hatfield:
     
H. B. 4018 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-2-12, relating to granting licensed real estate appraisers access to commercial or residential review documents"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Iaquinta, Crosier, Skaff, Lawrence, Fragale, Marshall, Rowan, Border and Talbott:
     
H. B. 4019 - "A Bill to amend and reenact §48-27-505 of the Code of West Virginia, 1931, as amended, relating to increasing the effective period for domestic violence protective orders; increasing the effective period for domestic violence protective orders in cases not involving aggravating factors from ninety days or six months to six months or one year; and increasing the effective period for a domestic violence protective order in cases where aggravating factors are proven from one year to two years"; to the Committee on the Judiciary.
By Delegates Iaquinta, Crosier, Fragale, M. Poling, Barker, Duke, White, Ferro, Azinger and Miley:
     
H. B. 4020 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-8g, relating to recognizing outstanding students who are top scorers on certain statewide tests and providing rule-making authority to the state board"; to the Committee on Education then Finance.
By Delegates Miley and Ferro:
     
H. B. 4021 - "A Bill to amend and reenact §3-1A-6 of the Code of West Virginia,1931, as amended, relating to emergency powers of the Secretary of State"; to the Committee on the Judiciary.
By Delegates Armstead, Lane and Walters:
     
H. B. 4022 - "A Bill to amend and reenact §17C-7-9 of the Code of West Virginia, 1931, as amended, relating to driving on roadways laned for traffic; prohibiting use of turning lanes for through traffic under certain circumstances; and providing criminal penalties"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Ellem, Border, Perdue, Miley, Ellington, Hamilton and Reynolds:
     
H. B. 4023 - "A Bill to repeal §60A-10-5 and §60A-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-6, §60A-10-7 and §60A-10-11 of said code, all relating to requiring a prescription to receive drug products that contain as an active ingredient ephedrine, pseudoephedrine, phenylpropanolamine and other precursors of methamphetamine; making those drugs Schedule III drugs; eliminating certain provisions and definitions that are no longer applicable; adding legislative findings; exempting wholesalers from certain requirements of the United States Drug Enforcement Administration relating to storage, reporting, record keeping or physical security control requirements for controlled substances containing ephedrine, pseudoephedrine or phenylpropanolamine; adding affirmative defenses; requiring a legislative report; and providing rule-making authority"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perry, Skaff, Morgan and Ellem:
     
H. B. 4024 - "A Bill to amend and reenact §25-7-11 of the Code of West Virginia, 1931, as amended, relating to allowing the Commissioner of Corrections to use excess funds from the Correctional Industries account for certain operational costs of the division; and creating special revenue accounts for the excess funds"; to the Committee on the Judiciary then Finance.
By Delegate Manchin:
     
H. B. 4025 - "A Bill to amend and reenact §16-29-2 of the Code of West Virginia, 1931, as amended, relating to requiring health care providers to provide the first request for a copy of a patient's medical records without charge and imposing a fee limit of $1 per page for subsequent requests"; to the Committee on the Judiciary.
By Delegates Morgan, Swartzmiller, Givens, Staggers, Hartman and Butcher:
     
H. B. 4026 - "A Bill to repeal §30-1-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code; and to amend said code by adding thereto a new section, designated §30-1-20, all relating to professional licensing boards; repealing antiquated, ineffective provisions; revising requirements for specific subject matter at orientation sessions; clarifying who may call a board meeting; establishing quorums; reporting violations; requiring boards to maintain a business office open to the public; authorizing boards to propose fees notwithstanding specific fees established in code; notifying licensees of proposal of fees in legislative rules; authorizing boards to levy fines; hiring administrative law judges; clarifying law governing hearings and administrative hearings; requiring board members to adhere to ethical standards for appointed officials; permitting boards to establish a process for modifying or waiving continuing education requirements or renewal fees for licensees in active duty military service; and requiring regulatory board reviews"; to the Committee on Government Organization then the Judiciary.
By Delegates M. Poling, Paxton, Doyle, Fragale, Perry, Sumner and Anderson:
     
H. B. 4027 - "A Bill to amend and reenact §18A-4-2, §18A-4-5 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to providing salary equity supplement payments to teachers and service personnel in order to achieve salary equity among the counties; specifying the amounts of those equity supplements; requiring the Department of Education to request additional funds if it determines the equity objective is not being met; clarifying the amount of equity supplement to be paid from state funds; and deleting obsolete provisions"; to the Committee on Education then Finance.
By Delegates Staggers, Butcher, Lawrence, Mahan, Moye and Perry:
     
H. B. 4028 - "A Bill to amend and reenact §16-4C-6 and §16-4C-9 of the Code of West Virginia, 1931, as amended, all relating to emergency medical services; clarifying rule-making authority; and providing for the temporary suspension of certification of emergency medical service personnel or licensure of emergency medical service agencies without a hearing or prior notice in certain circumstances"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Staggers:
     
H. B. 4029 - "A Bill to amend and reenact §29-3-9 of the Code of West Virginia, 1931, as amended, relating to training requirements of certain members of volunteer fire departments"; to the Committee on the Judiciary then Finance.
By Delegates Williams, Shaver and Hunt:
     
H. B. 4030 - "A Bill to amend and reenact §50-3-2a of the Code of West Virginia, 1931, as amended, relating to prioritizing the payment of fees, costs, bonds, fines or other sums charged or assessed in magistrate courts in civil and criminal matters"; to the Committee on the Judiciary then Finance.
By Delegates Williams and Shaver:
     
H. B. 4031 - "A Bill to amend and reenact §18-5-18 of the Code of West Virginia, 1931, as amended, relating to requiring kindergarten programs be provided for children who have attained the age of five prior to the August 1"; to the Committee on Education then Finance.
By Delegates Williams, Shaver and Hartman:
     
H. B. 4032 - "A Bill to amend §55-7-15 of the Code of West Virginia, 1931, as amended, relating to providing immunity from civil liability hospital volunteers who in good faith render emergency care at a hospital, without remuneration, from civil liability for rendering those services"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Manypenny:
     
H. B. 4033 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-18; and to amend said code by adding thereto a new section, designated §30-3-19, all relating to requiring doctors and hospitals to bill patients within one year of when the goods and services were provided; and requiring doctors and hospitals to state with specificity any charges identified as miscellaneous"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Moye, Staggers, Manypenny, Hamilton and Cann:
     
H. B. 4034 - "A Bill to amend and reenact §60A-4-410 of the Code of West Virginia, 1931, as amended, relating to the possession of multiple prescribed medications or prescriptions for controlled substances with the same or similar therapeutic medical purposes, exceptions, limitations and criminal penalties"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perry, Shaver and Smith:
     
H. B. 4035 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-3-10, relating to public safety; requiring wireless telecommunications service providers to provide call locations for emergencies; providing for the Kelsey Smith Act"; to the Committee on the Judiciary.
By Delegate L. Phillips:
     
H. B. 4036 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-1c; and to amend said code by adding thereto a new section, designated §60A-8-6a, all relating to requiring prescription drugs prior to being dispensed or delivered to be labeled whether the drug may be crushed or otherwise altered from its prescribed form; prohibiting the crushing or other alteration of a prescribed drug; and providing penalties"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Iaquinta, Longstreth, Fleischauer, Jones, Stephens, Walker and Azinger:
     
H. B. 4037 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §30-1-6a and §30-1-6b, all relating to the professional and occupational licensure and registration of former and current members of the Armed Forces of the United States; requiring consideration of military education, training and experience for qualification for professional licensure; providing legislative findings; requiring acceptance of certain military education, training and experience toward qualification for licensure or registration; providing rule-making authority for licensing or registration boards; providing exceptions; and requiring the extension of licenses and the waiver of certain requirements for licenses or registration of persons and accompanying spouses on active duty in the Armed Forces of the United States"; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.
By Delegates Iaquinta, Longstreth, Fleischauer, Jones, Stephens, Walker and Azinger:
     
H. B. 4038 - "A Bill to amend §59-1-10 of the Code of West Virginia, 1931, as amended, relating to death certificates of military veterans; providing for the issuance, without charge, of up to five certified copies of a veterans' death certificate by the clerk of the county commission"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegate Howell:
     
H. B. 4039 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to prohibiting the disruption of emergency communications by sabotage; providing penalties"; to the Committee on the Judiciary then Finance.
By Delegate Kump:
     
H. B. 4040 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-11B-1, §21-11B-2, §21-11B-3, §21-11B-4, §21-11B-5, §21- 11B-6, §21-11B-7 and §21-11B-8, all relating to employment choices and making it a criminal offense and actionable in court to impose an obligation on a person, as a condition of employment, to affiliate or not affiliate with a labor organization and pay dues and other fees; providing penalties; and providing relief"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Caputo, Pethtel, Williams, D. Poling, Varner, Mahan, Ferro, Shaver, Hamilton and Boggs:
     
H. B. 4041 - "A Bill to amend and reenact §11-16-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-2-12 of said code, all relating to the Alcohol Beverage Control Commission; requiring the Division of Personnel review and evaluate the employees of the Alcohol Beverage Control Commission; permitting Alcohol Beverage Control Commission employees to be included in the civil service; providing exemption of inclusion of certain positions; requiring a report to the Legislature; and removing out-dated language from the code"; to the Committee on Government Organization then Finance.
By Delegates Miley, Brown and Moore:
     
H. B. 4042 - "A Bill to amend and reenact §48-27-209 of the Code of West Virginia, 1931, as amended, and to amend and reenact §61-7-7 of said code, all relating to domestic violence protective orders; redefining the term 'protective order'; and clarifying when the enforcement of firearms possession prohibition can occur after a domestic violence protective order is issued"; to the Committee on the Judiciary.
By Delegates L. Phillips and Hall:
     
H. B. 4043 - "A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia, 1931, as amended, all relating to the hospitalization of emancipated and unemancipated minors in mental health facilities"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Ashley and Manchin:
     
H. B. 4044 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4, §11-13CC-5, §11-13CC-6, §11-13CC-7, §11-13CC-8, §11-13CC-9, §11-13CC-10, §11-13CC-11, §11-13CC-12 and §11-13CC-13, all relating to authorizing a tax credit against business franchise tax, corporate net income tax or personal income tax for eligible expenditures incurred in placing in service a residential or nonresidential energy-efficient building; defining terms; establishing the amount of tax credit permitted; authorizing rulemaking; and requiring reports to be made"; to the Committee on Finance.
By Delegates Morgan, Stephens and Martin:
     
H. B. 4045 - "A Bill to repeal §30-35-2a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-35-1, §30-35-2, §30-35-3, §30-35-4, §30-35-5, §30-35-6, §30-35-7, §30- 35-8, §30-35-9, §30-35-10, §30-35-11, §30-35-12, §30-35-13 and §30-35-14 of said code; and to amend said code by adding thereto four new sections, designated §30-35-15, §30-35-16, §30-35-17 and §30-35-18, all relating to the practice of dietetics; providing that it is unlawful to practice dietetics without a license; defining terms; providing board member qualifications; describing conditions and terms of board appointments; describing powers and duties of the board; defining board rule-making authority; continuing the board of Licensed Dieticians Fund in the State Treasury; establishing conditions for licensure; defining the scope of practice of dieticians; authorizing the issuance of temporary permits; requiring license renewal; requiring display of a license; providing the board may enjoin licensees; authorizing the board to investigate complaints; providing for due process for licensees; describing procedures for hearings and rights of appeal; authorizing criminal proceedings and describing penalties for violations of the act"; to the Committee on Government Organization then the Judiciary.
By Delegates Morgan, Swartzmiller, Hartman, Givens, Manypenny and Staggers:
     
H. B. 4046 - "A Bill to repeal §16-1-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-6-1 of said code; to amend and reenact §5A-1-11 of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §17B-2-7a of said code; to amend and reenact §17C-15-44 of said code; to amend and reenact §18-10A-2 of said code; to amend and reenact §19-1-3a of said code; to amend and reenact §19-12A-3 of said code; to amend and reenact §22C-12-6 of said code; to amend and reenact §24-1-3 of said code; to amend and reenact §24A-1A-2 of said code; to amend and reenact §24E-1-11 of said code; and to amend and reenact §47A-1-1 of said code, all relating to repealing obsolete code provisions"; to the Committee on Government Organization then the Judiciary.
By Delegates Morgan, Stephens, Givens, Hartman, Hatfield, Martin, Staggers, Swartzmiller, Cowles, C. Miller and Rowan:
     
H. B. 4047 - "A Bill to repeal §30-5-1a, §30-5-1b, §30-5-2a, §30-5-3a, §30-5-5a, §30-5-5b, §30-5-6a, §30-5-7a, §30-5-7b, §30-5-7c, §30-5-9a, §30-5-10a, §30-5-12b, §30-5-12c, §30-5-14a, §30-5-14b, §30-5-16a, §30-5-16b, §30-5-16c and §30-5-22a of the Code of West Virginia, 1931, as amended; to amend and reenact §16-5A-9a of said code; to amend and reenact §30-5-1, §30-5-2, §30-5-3, §30-5-4, §30-5-5, §30-5-6, §30-5-7, §30-5-8, §30-5-9, §30-5-10, §30-5-11, §30-5-12, §30-5-13, §30-5-14, §30-5-15, §30-5-16, §30-5-17, §30-5-18, §30-5-19, §30-5-20, §30-5-21, §30-5-22, §30-5-23, §30-5-24, §30-5-25, §30-5-26, §30-5-27, §30-5-28, §30-5-29 and §30-5-30 of said code; to amend said code by adding thereto four new sections, designated §30-5-31, §30-5-32, §30-5-33 and §30-5-34; and to amend and reenact §60A-10-3 of said code, all relating to the practice of pharmacist care; prohibiting the practice of pharmacist care without a license; permitting a licensed practitioner to dispense in certain settings; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, registration and permit requirements; creating a scope of practice; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirement to participate in collaborative pharmacy practice; providing requirement for dispensing generic drugs; requiring the registration of pharmacies requiring a permit for mail-order pharmacies and manufacturing of drugs; providing requirements of filling prescriptions; providing requirements for the display of a board authorization; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and updating references"; to the Committee on Health and Human Resources then the Judiciary.
     At 11:25 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 13, 2012.

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