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House Journal


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


__________*__________




Thursday, January 19, 2012

NINTH 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 Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     Delegate Boggs was recognized and called attention to today's being the sixth anniversary of the Aracoma mine disaster.
     The members then arose and stood in silent tribute.
     The Speaker again called the House to order and proceeded to the orders of the day.
     The Clerk proceeded to read the Journal of Wednesday, January 18, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security, submitted the following report, which was received:
     Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
     H. B. 4007, Relating to unemployment benefits for certain spouses of military personnel,
     And,
     H. B. 4038, Relating to death certificates of military veterans,
     And reports the same back with the recommendation that each do pass, but that they first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bills (H. B. 4007 and H. B. 4038) were referred to the Committee on Finance.
     Chairman Skaff, from the Committee on Energy, Industry, and Labor and Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Energy, Industry, and Labor and Economic Development and Small Business has had under consideration:
     H. B. 4086, Designating certain property as a qualified capital addition to a manufacturing facility,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 4086) was referred to the Committee on Finance.
     Chairman Staggers, 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. 4103, Consolidating of government services and enforcement of laws pertaining to the motor carrier industry,
     And reports the same back with the recommendation that it do pass, 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. 4013) was referred to the Committee on the Judiciary.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 4063, Relating to civil service commissions in political subdivisions,
     And reports the same back with the recommendation that it do pass, 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. 4063) was referred to the Committee on the Judiciary.
     Chairman Butcher, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration:
     H. B. 2683, Providing for aged or disabled farmers to continue to receive the benefit of having their farm land appraised as farm property after they cease farming,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 2683) 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. 4036, Requiring prescription drugs prior to being dispensed or delivered to be labeled whether the drug may be crushed or otherwise altered,
     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. 4036) was referred to the Committee on the Judiciary.
Resolutions Introduced

      Delegates Guthrie, Wells, Hunt and Hatfield offered the following resolution, which was read by its title and referred to the Committee on Rules:   
     H. C. R. 25 - "Requesting the Division of Highways to name bridge number 20-79/3-13.30, crossing Cabin Creek on County Route 79/3, Kanawha County, the 'Samuel L. "Monty" Shelton Memorial Bridge'."
     Whereas, Samuel L. "Monty" Shelton was born May 24, 1921 and lived a full life until he passed away October 14, 2011; and
     Whereas, Samuel L. "Monty" Shelton married Leathie Francis Hill Shelton, who was the foundation of his being for sixty-seven years. Samuel L. "Monty" Shelton and Leathie Francis Hill Shelton shared six children, nineteen grandchildren, thirty-two great grandchildren, and ten great- great grandchildren; and
     Whereas, Samuel L. "Monty" Shelton founded Shelton Produce in 1948 and made countless trips from the Carolinas providing the residents of Kanawha County with fresh produce; and
     Whereas, Samuel L. "Monty" Shelton served Kanawha County schools in his capacity as a school bus driver for seventeen years and played an instrumental role in unionizing Kanawha County school service personnel; and
     Whereas, Samuel L. "Monty" Shelton served thirteen years from 1997 to 2010 as a member of the Chelyan Public Service District where he served the citizens of eastern Kanawha County helping to provide fresh potable water and sanitary sewer systems; and
     Whereas, Samuel L. "Monty" Shelton was a lifelong resident of Ronda in Cabin Creek, West Virginia. Naming a bridge after Samuel L. "Monty" Shelton near his home would be a small tribute to a man who was very well thought of and helped so many people along the way; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name bridge number 20- 79/3-13.30, crossing Cabin Creek on County Route 79/3, Kanawha County, the "Samuel L. 'Monty' Shelton 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 "Samuel L. 'Monty' Shelton 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 Samuel L. "Monty" Sheldon.
     Delegates Caputo, Longstreth and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 26 - "Requesting that bridge number 25-90-1.64 on County Route 90, Marion County, West Virginia, be named the 'Worthington Veterans Bridge'."
     Whereas, The town of Worthington, Marion County, West Virginia, has numbered many veterans among the members of its community, both past and present; and
     Whereas, The citizens of the town of Worthington wish to express their appreciation to the many veterans who have honorably and nobly served the nation; and
     Whereas, The citizens of the town of Worthington wish to provide a fitting and public tribute in remembrance of the service given by its many veterans; and
     Whereas, On October 18, 2011, the Town Council of Worthington passed a motion requesting that bridge number 25-90-1.64 on County Route 90, Marion County, West Virginia, presently known as the Worthington Bridge, be renamed the "Worthington Veterans Bridge" ; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 25-90-1.64 on County Route 90, Marion County, West Virginia, the "Worthington Veterans 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 "Worthington Veterans 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 Honorable Sandy Hulsey, Mayor, 247 Main Street, Worthington, WV, 26591.
     Delegates White, Boggs, Marcum and Moore offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 27 - "Including West Virginia Route 80 in Mingo County as a Blue Star Memorial Highway."
     Whereas, The Blue Star Memorial Highway was projected by the National Garden Clubs, Inc. as a living tribute to the men and women of the Nation's Armed Forces; and
     Whereas, It is fitting and appropriate that further recognition be accorded the services and sacrifices of our citizens so valiantly rendered; and
     Whereas, The Blue Star Memorial Highway of West Virginia is sponsored by the Honeysuckle Garden Club in cooperation with the Division of Highways; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the scope of the Blue Star Memorial Highway be extended to include State Route 80 in Mingo County; and, be it
     Further Resolved, That the Clerk of the House forward a certified copy of this resolution to the Commissioner of the Division of Highways as tangible evidence to support the inclusion of Route 80 in Mingo County as a Blue Star Memorial Highway and to the Honeysuckle Garden Club.
Messages from the Executive

     The Clerk read a letter from the Legislative Rule-Making Review Committee as follows:
West Virginia Legislature

Legislative Rule-Making Review Committee

January 16, 2012


The Honorable Darrell Holmes
Clerk, Senate
State Capitol
Charleston, WV 25305

The Honorable Gregory M. Gray
Clerk, House of Delegates
State Capitol
Charleston, WV 25305

Gentlemen:

     In accordance with the provisions of W.Va. Code, §29A-3-12, we have attached copies of the proposed legislative rules which have been submitted to and acted upon by the Legislative Rule-Making Review Committee, pursuant to the provisions of W.Va. Code, §29A-3-11, and which have not previously been submitted to the Legislature for study.

     Also, attached is a report listing the proposed legislative rules considered by the Committee, and setting forth the recommendations of the Committee with respect to the proposed legislative rules. This letter also serves as a statement that a separate bill authorizing the promulgation of each proposed legislative rule has been drafted by the staff of the Legislative Rule-Making Review Committee.

     In accordance with W.Va. Code, §29A-3-11, the draft bills are available for any member to introduce to the Legislature. The undersigned, as Co-Chairmen of the Legislative Rule-Making Review Committee, are requesting that, the names of all Committee members be placed upon the draft bills as sponsors in their respective houses, except for those members who specifically request otherwise. Attached is a list of the Committee members.

     Thank you for your cooperation.

                                   Sincerely,

                                   Joseph Minard,
                                    Senate.

                                   Bonnie Brown,
                                    House of Delegates.

     Whereupon,
     Mr. Speaker, Mr. Thompson, presented the report of the Legislative Rule-Making Review Committee in accordance with section twelve, article three, chapter twenty-nine of the code, which was read by the Clerk, and the accompanying rules were referred as follows:
West Virginia Legislature

Legislative Rule-Making Review Committee


January 16, 2012


West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:

     In accordance with the provisions of West Virginia Code, §29A-3-12, as chairmen of the Legislative Rule-Making Review Committee we submit this report of its activities. A bill, in the form approved by the Committee, authorizing each of the proposed legislative rules below as submitted or as modified has been drafted by the staff of the Legislative Rule-Making Review Committee pursuant to West Virginia Code §29A-3-11.

     The Committee submits the following proposed rules to the Legislature with the recommendation that the proposed rules be authorized for promulgation by the respective agencies as submitted:

Accountancy, WV Board of
Board Rules and Rules of Professional Conduct, 1CSR1 [H. B. 4134].
                                                  
Agriculture, WV Department of
Inspection of Meat and Poultry, 61CSR16 [H. B. 4135].

Alcohol Beverage Control Commission, WV
Licensing of Retail Outlets, 175CSR5 [H. B. 4136.
                                             
Auditor, Office of the State
Transaction Fee and Rate Structure, 155CSR4 [H. B. 4137.

Banking, WV Division of
Rule Pertaining to Residential Mortgage Lenders, Brokers, and Loan Originators, 106CSR5 [H. B. 4138.]

Barbers and Cosmetologists, WV Board of
Procedures, Criteria and Curricula for Examinations and Licensure of Barbers, Cosmetologists, Manicurists and Aestheticians, 3CSR1 [H. B. 4139.]
Barbers and Cosmetologists, WV Board of
Shampoo Assistants, 3CSR8 [H. B. 4140.]

Consolidated Public Retirement Board
Refund, Reinstatement, Retroactive Service, Loan and Employer Error Interest Factors, 162CSR7 [H. B. 4141.]

Consolidated Public Retirement Board
West Virginia State Police, 162CSR9 [H. B. 4142]

Deaf and Hard of Hearing, WV Commission for the
Fees for Qualified Interpreters, 192CSR1 [H. B. 4143.]

DEP - Air Quality
Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality, 45CSR14 [H. B. 4144.]

DEP - Air Quality
Standards of Performance for New Stationary Sources, 45CSR16 [H. B. 4145.]

DEP - Air Quality
Control of Air Pollution from Combustion of Solid Waste, 45CSR18 [H. B. 4146.]

DEP - Air Quality
Permits for Construction and Major Modifications of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas, 45CSR19 [H. B. 4147.]

DEP - Air Quality
Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities, 45CSR25 [H. B. 4148.]

DEP - Air Quality
Requirements for Operating Permits, 45CSR30 [H. B. 4149.]

DEP - Air Quality
Emission Standards for Hazardous Air Pollutants, 45CSR34 [H. B. 4150.]
          
DEP - Air Quality
Determining Conformity of General Federal Actions to Applicable Implementation Plans (General Conformity), 45CSR35 [H. B. 4151.] 

DEP - Air Quality
Greenhouse Gas Emissions Inventory Program, 45CSR42 [H. B. 4152.]
DEP - Air Quality
Ambient Air Quality Standards, 45CSR8 [H. B. 4153.]

DEP - Secretary's Office
Voluntary Remediation and Redevelopment Rule, 60CSR3 [H. B. 4154.]

DEP - Water and Waste Management
Solid Waste Management Rule, 33CSR1 [H. B. 4155.]

DEP - Water and Waste Management
Hazardous Waste Management System, 33CSR20 [H. B. 4156.]

Forestry, WV Division of
Sediment Control During Commercial Timber-Harvesting Operations - Licensing, 22CSR2 [H. B. 4157.]

Forestry, WV Division of
Sediment Control During Commercial Timber-Harvesting Operations - Logger Certification, 22CSR3 [H. B. 4158.]

Funeral Service Examiners, WV Board of
Crematory Requirements, 6CSR2 [H. B. 4159.]

Health Insurance Plan, Board of Directors of the WV
Premium Subsidy, 113CSR1 [H. B. 4160.]

Health, WV Bureau for Public
Public Water Systems Design Standards, 64CSR77 [H. B. 4161.]

Highways, WV Division of
Transportation of Hazardous Wastes Upon the Roads and Highways, 157CSR7 [H. B. 4162.]

Human Rights Commission, WV
Rules Regarding Housing Discrimination Against Persons with Disabilities Who Utilize Assistance Animals, 77CSR9 [H. B. 4163.]

Insurance Commission, WV
Licensing and Conduct of Insurance Producers and Agencies, 114CSR2 [H. B. 4164.]

Insurance Commission, WV
Surplus Lines Insurance, 114CSR20 [H. B. 4165.]
     
Insurance Commission, WV
Mini COBRA, 114CSR93 [H. B. 4166.]

Insurance Commission, WV
Workers' Compensation Insurance for State Agencies, 114CSR94 [H. B. 4167.]

Massage Therapy Licensure Board, WV
General Provisions, 194CSR1 [H. B. 4168.]

Massage Therapy Licensure Board, WV
Schedule of Fees, 194CSR4 [H. B. 4169.]

Medicine, WV Board of
Formation and Approval of Professional Limited Liability Companies, 11CSR7 [H. B. 4170.]

Natural Resources, WV Division of
Hunting, Trapping and Fishing Provisions, 58CSR45A [H. B. 4171.]

Occupational Therapy, WV Board of
Fees for Services Rendered by the Board, 13CSR3 [H. B. 4172.]

Osteopathy, WV Board of
Licensing Procedures for Osteopathic Physicians, 24CSR1 [H. B. 4173.]

Pharmacy, WV Board of
Rules Regarding Immunizations Administered by Pharmacists, 15CSR12 [H. B. 4174.]

Pharmacy, WV Board of
Rules of the Board of Pharmacy for the Uniform Controlled Substances Act, 15CSR2 [H. B. 4175.]

Pharmacy, WV Board of
Board of Pharmacy Rules for Continuing Education for Licensure of Pharmacists, 15CSR3 [H. B. 4176.]

Pharmacy, WV Board of
Licensure of Wholesale Drug Distributors, 15CSR5 [H. B. 4177.]

Racing Commission, WV
Simulcast Pari-Mutual Wagering at Authorized Gaming Facility in Historic Resort Hotel, 178CSR7 [H. B. 4178.]
Secretary, Department of Health and Human Resources, Insurance Commissioner and Chair, West Virginia Health Care Authority
All-Payer Claims Database Program's Privacy and Security Rule, 114ACSR2 [H. B. 4179.]
     
     The Committee submits to the Legislature the following proposed rules which were modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which were approved by the Committee with the modifications with the recommendation that the proposed rules be authorized for adoption by the respective agencies as modified:

Administration, WV Department of
Certification for Small, Women and Minority-Owned Businesses, 148CSR22 [H. B. 4180.]

Agriculture, WV Department of
Labeling of Imported Honey, Honey Products or Honey Bee By-Products; Adulterated Honey, Honey Products or Honey Bee By-Products, 61CSR2A [H. B. 4181.]

Agriculture, WV Department of
Nutrient Management Certification, 61CSR6D [H. B. 4182.]

Alcohol Beverage Control Commission, WV
Licensed Retailer Operations, 175CSR1 [H. B. 4183.]

Athletic Commission, WV State
Administrative Rules of the West Virginia State Athletic Commission Regulating Mixed Martial Arts, 177CSR2 [H. B. 4184.]

Barbers and Cosmetologists, WV Board of
Rules and Regulations for Licensing Schools of Barbering and Beauty Culture, 3CSR3 [H. B. 4185.]

Consolidated Public Retirement Board
Public Employee Retirement System, 162CSR5 [H. B. 4186.]

Corrections, WV Division of
Fees for Electronic Monitoring of Offenders, 90CSR8 [H. B. 4187.]

Courthouse Facilities Improvement Authority , WV
Courthouse Facilities Improvement Fund, 203CSR1 [H. B. 4188.]

Deaf and Hard of Hearing, WV Commission for the
Establishment of Required Qualifications and Ethical Standards for Interpreters and Transliterators, 192CSR3 [H. B. 4189.]

Dental Examiners, WV Board of
Fees Established by the Board, 5CSR3 [H. B. 4190.]

Development Office, WV
Brownfield Economic Development Districts, 145CSR11 [H. B. 4191.]

Development Office, WV
Use of Coalbed Methane Severance Tax Proceeds, 145CSR13 [H. B. 4192.]

Foresters, WV State Board of Registration for
Certification of Registered Foresters, 200CSR1 [H. B. 4193.]

Foresters, WV State Board of Registration for
Schedule of Fees, 200CSR4 [H. B. 4194.]

Foresters, WV State Board of Registration for
Code of Ethics, 200CSR5 [H. B. 4195.]

Governor's Committee on Crime, Delinquency and Correction
Law Enforcement Training Standards, 149CSR2 [H. B. 4196.]

Governor's Committee on Crime, Delinquency and Correction
Motor Vehicle Search Standards, 149CSR6 [H. B. 4197.]

Health and Human Resources, WV Department of
Safety and Treatment Program, 64CSR98 [H. B. 4198.]

Health and Human Resources, WV Department of & Insurance Commissioner
Credentialing Verification Organization, 64CSR89B [H. B. 4199.]

Health, WV Bureau for Public
Public Water System, 64CSR3 [H. B. 4200.]

Health, WV Bureau for Public
Vital Statistics, 64CSR32 [H. B. 4201.]

Health, WV Bureau for Public
Public Water Systems Operators, 64CSR4 [H. B. 4202.]

Health, WV Bureau for Public
Manufactured Home Communities, 64CSR40 [H. B. 4203.]

Health, WV Bureau for Public
Wastewater Systems and Operations, 64CSR5 [H. B. 4204.]

Health, WV Bureau for Public
Aids - Related Medical Testing and Confidentiality, 64CSR64 [H. B. 4205.]

Highways, WV Division of
Construction and Reconstruction of State Roads, 157CSR3 [H. B. 4206.]

Human Services, WV Division of
Family Child Care Facility Licensing Requirements, 78CSR18 [H. B. 4207.]

Human Services, WV Division of
Family Child Care Home Registration Requirements, 78CSR19 [H. B. 4208.]

Human Services, WV Division of
Child Care Quality Rating and Improvement System, 78CSR22 [H. B. 4209.]

Insurance Commission, WV
Insurance Holding Company Systems, 114CSR35 [H. B. 4210.]

Insurance Commission, WV
Continuing Education For Individual Insurance Producers, 114CSR42 [H. B. 4211.]

Labor, WV Division of
Zipline and Canopy Tour Responsibility Act, 42CSR10 [H. B. 4212.]

Labor, WV Division of
Amusement Rides and Amusement Attractions Safety Act, 42CSR17 [H. B. 4213.]

Labor, WV Division of
Supervision of Elevator Mechanics and Apprentices, 42CSR21A [H. B. 4214.]

Miners' Health, Safety and Training, WV Office of
Rules and Regulations Governing the Application Process for the West Virginia Innovative Mine Safety Technology Tax Credit Act, 56CSR14 [H. B. 4215.]

Motor Vehicles, WV Division of
Compulsory Motor Vehicle Liability Insurance, 91CSR13 [H. B. 4216.]

Natural Resources, WV Division of
Special Boating, 58CSR26 [H. B. 4217.]

Natural Resources, WV Division of
Special Motorboating, 58CSR27 [H. B. 4218.]

Natural Resources, WV Division of
Defining the Terms Used in all Hunting and Trapping, 58CSR46 [H. B. 4219.]

Natural Resources, WV Division of
Prohibitions when Hunting and Trapping, 58CSR47 [H. B. 4220.]

Natural Resources, WV Division of
General Trapping, 58CSR53 [H. B. 4221.]

Natural Resources, WV Division of
Special Fishing Rule, 58CSR61 [H. B. 4222.]

Nursing Home Administrators Licensing Board, WV
Nursing Home Administrators, 21CSR1 [H. B. 4223.]

Personnel, WV Division of
Administrative Rule of the West Virginia Division of Personnel, 143CSR1 [H. B. 4224.]
     
Personnel, WV Division of
Workers'Compensation Temporary Total Disability, 143CSR3 [H. B. 4225.]

Secretary of State
Vote-by-Mail Pilot Project Phase 2: Voting by Mail, 153CSR39 [H. B. 4226.]

Secretary of State
Rules for General Management and Preservation of State Records, 153CSR42 [H. B. 4227.]

Secretary, Department of Health and Human Resources, Insurance Commissioner and Chair, West Virginia Health Care Authority
All-Payer Claims Database - - Data Submission Requirements, 114ACSR1 [H. B. 4228.]

State Police, WV
West Virginia State Police Career Progression System, 81CSR3 [H. B. 4229.]        
                    
State Police, WV
West Virginia State Police Modified Vehicle Inspection Manual, 81CSR4 [H. B. 4230.]

Surveyors, WV Board of Professional
Examination and Licensing of Professional Surveyors in West Virginia, 23CSR1 [H. B. 4231.]

Tax Department, WV State
Payment of Taxes by Electronic Funds Transfer, 110CSR10F [H. B. 4232.]

Tax Department, WV State
Commercial Patent Incentives Tax Credit, 110CSR13Q [H. B. 4233.]

Tax Department, WV State
Exchange of Information Agreement Between the State Tax Department and the Department of Commerce, the Department of Transportation and the Department of Environmental Protection, 110CSR50G [H. B. 4234.]

                                   Sincerely,

                                   Joseph Minard,
                                    Senate.

                                   Bonnie Brown,
                                    House of Delegates.

Resolutions Introduced

      Delegates Guthrie, Wells, Hunt and Hatfield offered the following resolution, which was read by its title and referred to the Committee on Rules:   
     H. C. R. 25 - "Requesting the Division of Highways to name bridge number 20-79/3-13.30, crossing Cabin Creek on County Route 79/3, Kanawha County, the 'Samuel L. "Monty" Shelton Memorial Bridge'."
     Whereas, Samuel L. "Monty" Shelton was born May 24, 1921 and lived a full life until he passed away October 14, 2011; and
     Whereas, Samuel L. "Monty" Shelton married Leathie Francis Hill Shelton, who was the foundation of his being for sixty-seven years. Samuel L. "Monty" Shelton and Leathie Francis Hill Shelton shared six children, nineteen grandchildren, thirty-two great grandchildren, and ten great- great grandchildren; and
     Whereas, Samuel L. "Monty" Shelton founded Shelton Produce in 1948 and made countless trips from the Carolinas providing the residents of Kanawha County with fresh produce; and
     Whereas, Samuel L. "Monty" Shelton served Kanawha County schools in his capacity as a school bus driver for seventeen years and played an instrumental role in unionizing Kanawha County school service personnel; and
     Whereas, Samuel L. "Monty" Shelton served thirteen years from 1997 to 2010 as a member of the Chelyan Public Service District where he served the citizens of eastern Kanawha County helping to provide fresh potable water and sanitary sewer systems; and
     Whereas, Samuel L. "Monty" Shelton was a lifelong resident of Ronda in Cabin Creek, West Virginia. Naming a bridge after Samuel L. "Monty" Shelton near his home would be a small tribute to a man who was very well thought of and helped so many people along the way; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name bridge number 20- 79/3-13.30, crossing Cabin Creek on County Route 79/3, Kanawha County, the "Samuel L. 'Monty' Shelton 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 "Samuel L. 'Monty' Shelton 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 Samuel L. "Monty" Sheldon.
     Delegates Caputo, Longstreth and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 26 - "Requesting that bridge number 25-90-1.64 on County Route 90, Marion County, West Virginia, be named the 'Worthington Veterans Bridge'."
     Whereas, The town of Worthington, Marion County, West Virginia, has numbered many veterans among the members of its community, both past and present; and
     Whereas, The citizens of the town of Worthington wish to express their appreciation to the many veterans who have honorably and nobly served the nation; and
     Whereas, The citizens of the town of Worthington wish to provide a fitting and public tribute in remembrance of the service given by its many veterans; and
     Whereas, On October 18, 2011, the Town Council of Worthington passed a motion requesting that bridge number 25-90-1.64 on County Route 90, Marion County, West Virginia, presently known as the Worthington Bridge, be renamed the "Worthington Veterans Bridge" ; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 25-90-1.64 on County Route 90, Marion County, West Virginia, the "Worthington Veterans 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 "Worthington Veterans 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 Honorable Sandy Hulsey, Mayor, 247 Main Street, Worthington, WV, 26591.
     Delegates White, Boggs, Marcum and Moore offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 27 - "Including West Virginia Route 80 in Mingo County as a Blue Star Memorial Highway."
     Whereas, The Blue Star Memorial Highway was projected by the National Garden Clubs, Inc. as a living tribute to the men and women of the Nation's Armed Forces; and
     Whereas, It is fitting and appropriate that further recognition be accorded the services and sacrifices of our citizens so valiantly rendered; and
     Whereas, The Blue Star Memorial Highway of West Virginia is sponsored by the Honeysuckle Garden Club in cooperation with the Division of Highways; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the scope of the Blue Star Memorial Highway be extended to include State Route 80 in Mingo County; and, be it
     Further Resolved, That the Clerk of the House forward a certified copy of this resolution to the Commissioner of the Division of Highways as tangible evidence to support the inclusion of Route 80 in Mingo County as a Blue Star Memorial Highway and to the Honeysuckle Garden Club.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Smith, Lawrence, L. Phillips, M. Poling, D. Campbell, Walker and Hunt:
     
H. B. 4124 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to creating the criminal offense of online impersonation for purposes of harming, intimidating, threatening or defrauding another person; providing criminal penalty for violation; providing definitions; and providing that the offense is supplemental to other laws"; to the Committee on the Judiciary.
By Delegates M. Poling, Paxton, Perry, Moye and Fragale:
     
H. B. 4125 - "A Bill to amend and reenact §18-9F-9 of the Code of West Virginia, 1931, as amended, relating to correcting date of beginning school year for schools to send notice to parents and guardians on crisis response plan and the ability to review redacted copy"; to the Committee on Education.
By Delegates M. Poling, Paxton, Perry, Moye and Fragale:
     
H. B. 4126 - "A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to higher education; legislative rules; authorizing a rule for the Higher Education Policy Commission regarding tuition and fees; and authorizing a rule for the Council for Community and Technical College Education regarding the Workforce Development Initiative Program and tuition and fees"; to the Committee on Education then Finance.
By Delegates Smith, Lawrence, Shaver, Crosier, R. Phillips, Frazier, White, Talbott, Longstreth, Iaquinta and Paxton:
     
H. B. 4127 - "A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to declaring August 7 as a special memorial day to be known as Purple Heart Recognition Day"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates D. Poling, Ellem, Azinger, Anderson and Border:
     
H. B. 4128 - "A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to providing an exemption for the official mascot of Parkersburg South High School, commonly known as 'The Patriot", which would allow the mascot to carry a musket on school grounds when the mascot is acting in his or her official capacity"; to the Committee on the Judiciary.
By Delegates Storch, Ferns, Ferro, Varner, Pethtel, Givens, Jones, Miley, Swartzmiller, Pasdon and Romine:
     
H. B. 4129 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5b, relating to reallocating and dedicating three percent of oil and gas severance tax revenues up to $20 million annually to the oil and gas producing counties of origin and their respective municipalities; establishing state and local oil and gas county reallocated severance tax funds and providing for distribution of the moneys to the county commissions and governing bodies of the municipalities by the State Treasurer; establishing amounts each oil and gas producing county and their respective municipalities are to receive; requiring the creation of local funds into which moneys are to be deposited; requiring moneys be expended solely for economic development projects and infrastructure projects; providing definitions; providing restrictions on the expenditure of moneys; providing duties of State Tax Commissioner; requiring report of expenditures to Joint Committee on Government and Finance; providing audits of distributed funds when authorized by the Joint Committee on Government and Finance; and authorizing legislative and emergency rules"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Smith, Lawrence and Hunt:
     
H. B. 4130 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-14h, relating to crimes against the person; creating the felony criminal offense of sale or purchase of a child; and providing for penalties"; to the Committee on the Judiciary then Finance.
By Delegates Howell, Rowan, Evans and Miley:
     
H. B. 4131 - "A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to creating a magistrate court deputy clerk for Mineral county"; to the Committee on the Judiciary then Finance.
By Delegates Smith, C. Miller, Morgan, Stephens, Sobonya, Craig and Reynolds:
     
H. B. 4132 - "A Bill to amend and reenact §27-5-4 of the Code of West Virginia, 1931, as amended, relating to requiring the Department of Health and Human Resources to reimburse the circuit clerk of the county where involuntary commitment hearings are held for expenses of filing, postage and copies"; to the Committee on the Judiciary then Finance.
By Delegates Hamilton, Longstreth, Azinger, Evans, Rowan, M. Poling, Anderson, Ferro, Walker, Ireland and Iaquinta:
     
H. B. 4133 - "A Bill to amend and reenact §17B-2-12 of the Code of West Virginia, 1931, as amended, relating to extending the expiration of driver's licenses for active military members' spouses"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:
     
H. B. 4134 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Accountancy to promulgate a legislative rule relating to the Board and rules of professional conduct"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4135 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry"; to the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4136 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the licensing of retail outlets"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4137 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Auditor to promulgate a legislative rule relating to the transaction fee and rate structure"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4138 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Banking to promulgate a legislative rule relating to residential mortgage lenders, brokers and loan originators"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Overington:
     
H. B. 4139 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the procedures, criteria and curricula for examinations and licensure of barbers, cosmetologists, manicurists and aestheticians"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Overington:
     
H. B. 4140 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to shampoo assistants"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4141 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest factors"; to the Committee on Pensions and Retirement then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4142 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police"; to the Committee on Pensions and Retirement then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4143 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to fees for qualified interpreters"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4144 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4145 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4146 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4147 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modifications of major stationary sources which cause or contribute to nonattainment areas"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4148 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4149 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements for operating permits"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4150 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4151 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to determining conformity of general federal actions to applicable implementation plans (general conformity)"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4152 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the greenhouse gas emissions inventory program"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4153 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4154 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4155 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to solid waste management"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4156 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4157 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Forestry to promulgate a legislative rule relating to sediment control during commercial timber-harvesting operations - licensing"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4158 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Forestry to promulgate a legislative rule relating to sediment control during commercial timber-harvesting operations - logger certification"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4159 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Funeral Service Examiners to promulgate a legislative rule relating to crematory requirements"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4160 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Directors of the West Virginia Health Insurance Plan to promulgate a legislative rule relating to a premium subsidy"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4161 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems design standards"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4162 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4163 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Human Rights Commission to promulgate a legislative rule relating to housing discrimination against persons with disabilities who utilize assistance animals"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4164 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to the licensing and conduct of insurance producers and agencies"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4165 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to surplus lines insurance"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4166 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to mini COBRA"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4167 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to Workers' Compensation Insurance for state agencies"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Overington:
     
H. B. 4168 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to general provisions"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, Poling, D. and Fleischauer:
     
H. B. 4169 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to a schedule of fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4170 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to the formation and approval of professional limited liability companies"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4171 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to hunting, trapping and fishing"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4172 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to fees for services rendered by the Board"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4173 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Osteopathy to promulgate a legislative rule relating to licensing procedures for osteopathic physicians"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4174 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4175 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to the Uniform Controlled Substances Act"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4176 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to continuing education for the licensure of pharmacists"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4177 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to the licensure of wholesale drug distributors"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4178 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to simulcast pari-mutual wagering at an authorized gaming facility in a historic hotel"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4179 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of the Department of Health and Human Resources, the Insurance Commissioner and the Chair of the West Virginia Health Care Authority to promulgate a legislative rule relating to the all-payer claims database program's privacy and security"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4180 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to certification for small, women and minority-owned businesses"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4181 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the labeling of imported honey, honey products or honey bee by-products and adulterated honey, honey products or honey bee by-products"; to the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4182 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to nutrient management certification"; to the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4183 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to licensed retailer operations"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4184 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Athletic Commission to promulgate a legislative rule relating to mixed martial arts"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Overington:
     
H. B. 4185 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to licensing schools of barbering and beauty culture"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4186 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System"; to the Committee on Pensions and Retirement then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4187 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Corrections to promulgate a legislative rule relating to fees for electronic monitoring of offenders"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4188 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Courthouse Facilities Improvement Authority to promulgate a legislative rule relating to the Courthouse Facilities Improvement Fund"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4189 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to the establishment of required qualifications and ethical standards for interpreters and transliterators"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4190 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, authorizing the Board of Dental Examiners to promulgate a legislative rule relating to fees established by the Board"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4191 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Development Office to promulgate a legislative rule relating to brownfield economic development districts"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4192 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Development Office to promulgate a legislative rule relating to the use of coalbed methane severance tax proceeds"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4193 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to the certification of registered foresters"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4194 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to a schedule of fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4195 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to a code of ethics"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4196 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training standards"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4197 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to motor vehicle search standards"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4198 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to a safety and treatment program"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4199 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to credentialing verification organizations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4200 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4201 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to vital statistics"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4202 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems operators"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Overington:
     
H. B. 4203 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to manufactured home communities"; to the Committee on the Judiciary.
By Delegates Brown, Poling, D. and Fleischauer:
     
H. B. 4204 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to wastewater systems and operations"; to the Committee on Finance.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4205 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDs-related medical testing and confidentiality"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4206 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the construction and reconstruction of state roads"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4207 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Human Services to promulgate a legislative rule relating to family child care facility licensing requirements"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4208 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Human Services to promulgate a legislative rule relating to family child care home registration requirements"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4209 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Human Services to promulgate a legislative rule relating to a child care quality rating and improvement system"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4210 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to insurance holding company systems"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4211 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4212 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Zipline and Canopy Tour Responsibility Act"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4213 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4214 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
     
H. B. 4215 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Miners' Health, Safety and Training to promulgate a legislative rule relating to the application process for the West Virginia Innovative Mine Safety Technology Tax Credit Act"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4216 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to compulsory motor vehicle liability insurance"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4217 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4218 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4219 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4220 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4221 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4222 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special fishing"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Overington:
     
H. B. 4223 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Nursing Home Administrators Licensing Board to promulgate a legislative rule relating to nursing home administrators"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4224 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Personnel to promulgate a legislative rule relating to the administration of the Division"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4225 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Personnel to promulgate a legislative rule relating to Workers' Compensation temporary total disability"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4226 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the Vote-by-Mail Pilot Project Phase 2: Voting by Mail"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4227 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the general management and preservation of state records"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4228 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of the Department of Health and Human Resources, the Insurance Commissioner and the Chair of the West Virginia Health Care Authority to promulgate a legislative rule relating to an all-payer claims database -- data submission requirements"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4229 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police Career Progression System"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4230 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Police to promulgate a legislative rule relating to the West Virginia State Police Modified Vehicle Inspection Manual"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4231 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Professional Surveyors to promulgate a legislative rule relating to the examination and licensing of professional surveyors in West Virginia"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4232 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the payment of taxes by electronic funds transfer"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4233 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the commercial patent incentives tax credit"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Overington:
     
H. B. 4234 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to an exchange of information agreement between the State Tax Department and the Department of Commerce, the Department of Transportation and the Department of Environmental Protection"; to the Committee on Finance then the Judiciary.
House Calendar

Second Reading

     Com. Sub. for H. B. 2533, Requiring the identities of signatories to a certificate for a person seeking ballot access to be made public and verified; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 4072, Eliminating requirement for county boards of education to meet on the first Monday of July; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for H. B. 4006, Relating to elevator workers' licensure exemptions,
     And,
     Com. Sub. for H. B. 4078, Extending certain deadlines for mandated actions regarding higher education personnel.
Miscellaneous Business

     Delegate Marshall announced that she was absent on yesterday when the votes were taken on Roll Nos. 2 through 5, and that had she been present, she would have voted "Nay" on Roll No. 2, and "Yea" on Roll Nos. 3, 4 and 5.
     At 11:16 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 20, 2012.

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