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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)
hdj2012-1-24-14


__________*__________




Tuesday, January 24, 2012

FOURTEENTH 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.
     The Clerk proceeded to read the Journal of Monday, January 23, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive

     The Speaker laid before the House of Delegates a communication from His Excellency the Governor, which was read by the Clerk as follows:
STATE OF WEST VIRGINIA

Earl Ray Tomblin

Governor

January 23, 2012

The Honorable Rick Thompson
Speaker of the House
State Capitol
Charleston, West Virginia 25305
Dear Mr. Speaker:
     Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed Phillip Diserio, 623 Wabash Drive, Follansbee, Brooke County, West Virginia 26037, as a Delegate representing the Second Delegate District of the House of Delegates, to fill the vacancy created by the resignation of The Honorable Timothy Ennis from this day through the remainder of the unexpired term of said office.
                                        Sincerely,
                                        Earl Ray Tomblin,
                                        Governor.
     The Speaker then announced that Delegate Diserio had previously qualified by taking and subscribing to the several oaths of office as prescribed by Article VI, section 16 of the Constitution.
     The Speaker also announced that Delegate Diserio was present in the Chamber for today's session and was ready to assume his duties as a member. (Applause, the members rising)
     Following which,
     The Speaker again called the House to order.
* * * * * * * * * *

Committee Reports

     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     H. B. 4126, Authorizing legislative rules for the Higher Education Policy Commission and Council for Community and Technical College Education,
     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. 4126) was referred to the Committee on Finance.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 4238, Establishing procedures for address confidentiality program participants on the special absentee voting list,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4238 - "A Bill to amend and reenact §3-3-1, §3-3-2 and §3-3-2b of the Code of West Virginia, 1931, as amended, relating to the provision of absentee ballots to participants of the Address Confidentiality Program; authorizing program participants to vote an absentee ballot by mail; authorizing the placement of program participants on special absentee voting list; describing duties of the office of the Secretary of State and county officials designated to supervise and conduct absentee voting; and providing for the removal of program participants from the special absentee voting list,"
     With the recommendation that the committee substitute do pass.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 4251, Relating generally to amendments to the uniform commercial code,
     And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (H. B. 4251) to the Committee on Finance was abrogated.
     Delegate Perry, on behalf of 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. 4160, Health insurance plan, board of directors, premium subsidy,
     H. B. 4207, Human services, family child care facility licensing requirements,
     And,
     H. B. 4208, Human services, family child care home registration requirements,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 4160, H. B. 4207 and H. B. 4208) were referred to the Committee on the Judiciary.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     S. B. 30
- "A Bill to amend and reenact §17A-4-10 of the Code of West Virginia, 1931, as amended, relating to vehicles scraped, compressed, dismantled or destroyed; providing an additional means to notify the division; prescribing form; extending time period for a person to surrender title; and providing for the use of additional brands used by other jurisdictions that are consistent with the National Motor Vehicle Title Information System"; which was referred to the Committee on Roads and Transportation then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 96 - "A Bill to amend and reenact §52-1-8 of the Code of West Virginia, 1931, as amended, relating to redefining the basis for disqualification of prospective jurors to include those who have been convicted of any crime punishable by imprisonment in excess of one year, perjury or false swearing"; which was referred to the Committee on the Judiciary.
Resolutions Introduced

     On motions for leave, Joint Resolutions were introduced, read by their titles and severally referred as follows:
     By Delegates Hatfield, Skaff, Manchin and Poore:
     
H. J. R. 105 - "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 simple majority rule on all county, city, school district and municipal excess levies and bonds; allowing counties, cities, school districts and municipal corporations to approve, by a vote of the people, excess levies and issue bonds by a majority of the votes cast for and against the same; 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 Delegates Fleischauer, Brown, Caputo, Hunt, Longstreth, Pino, Overington and Sobonya:
     
H. J. R. 106 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 4, article IV; section, 1, article VII; section 2, article VII; section 3, article VII; section 4, article VII; and section 16, article VII thereof, relating to the creation of the office of lieutenant governor in the executive department, the joint election of governor and lieutenant governor, the succession of the governor by the lieutenant governor and the filling of a vacancy in the office of lieutenant governor; 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.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Moore, Reynolds and Azinger:
     
H. B. 4271 - "A Bill to amend and reenact §31-17-11 of the Code of West Virginia, 1931, as amended, relating to the reporting requirements for residential mortgage lenders and broker licensees; providing that such reporting shall be done through the Nationwide Mortgage Licensing System and Registry for the periods established by the Nationwide Mortgage Licensing System and Registry; preserving the confidentiality of such reports; giving the Commissioner of Banking the discretion to direct that the reports shall be filed directly with the Division of Banking; and replacing the duty of the Commissioner of Banking to provide an aggregate analysis of the information contained in reports with a requirement that the commissioner shall publish annually a list of the licenses issued under this chapter and direct consumers to the public information available through the Nationwide Mortgage Licensing System and Registry"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Moore, Reynolds and Azinger:
     
H. B. 4272 - "A Bill to amend and reenact §61-3-39e of the Code of West Virginia, 1931, as amended, relating to permitting payees or holders of electronic transfers that have been dishonored because of insufficient funds or credit may send notice to the drawer of the transfer and impose a fee up to $25"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Moore, Reynolds and Azinger:
     
H. B. 4273 - "A Bill to amend and reenact §31-17-2 of the Code of West Virginia, 1931, as amended; relating to license required for residential mortgage lenders and brokers and exemptions thereto, eliminating the exemption for a lender under the regular supervision and examination for consumer compliance by any agency of the federal government"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Moore, Reynolds and Azinger:
     
H. B. 4274 - "A Bill to amend and reenact §46A-4-103 of the Code of West Virginia, 1931, as amended, relating to the authority of the Commissioner of Banking over consumer lender licensees; providing for a penalty of not more than $2,000 for each day a violation exists; and providing for hearings"; to the Committee on Banking and Insurance then Finance.
By Delegates Moore, Reynolds and Azinger:
     
H. B. 4275 - "A Bill to amend and reenact §31A-8C-2 of the Code of West Virginia, 1931, as amended, relating to the provision of financially-related services by banks and bank holding companies, providing that a West Virginia state-chartered banking institution may engage in a financially related activity directly if a federal or state thrift, federal credit union, or state bank chartered in another state may engage in that financially related activity"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Moore and Reynolds:
     
H. B. 4276 - "A Bill to amend and reenact §46A-2-106 of the Code of West Virginia, 1931, as amended; relating to requiring that at least twenty days prior to accelerating the maturity of the unpaid balance of any installment obligation or any other secured obligation, commencing any action or demand or taking possession of collateral on account of default, the lender must provide notice of consumer's right to cure default including a certification of the exact amount due in order to cure the default and a certification that the notice was in fact mailed to the borrower"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Moore, Reynolds and Azinger:
     
H. B. 4277 - "A Bill to amend and reenact §31A-2-1 of the Code of West Virginia, 1931, as amended, relating to the change of names of the Division of Banking or the Department of Banking to the Division of Financial Institutions; changing the names of the Commissioner of Banking and the Deputy Commissioner of Banking, to the Commissioner of Financial Institutions and the Deputy Commissioner of Financial Institutions, respectively; providing that all references in this code to the Division of Banking or the Department of Banking shall be read, construed and understood to mean and have reference to the Division of Financial Institutions; and providing that all references in this code to the Commissioner of Banking and the Deputy Commissioner of Banking shall be read, construed and understood to mean and have reference to the Commissioner of Financial Institutions and the Deputy Commissioner of Financial Institutions, respectively"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Moore, Reynolds and Azinger:
     
H. B. 4278 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated as §47-26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5, §47-26-6, §47-26-7, §47-26-8, §47-26-9, §47-26-10, §47-26-11, §47-26-12, §47-26-13, §47-26-14, §47-26-15, §47-26-16, §47-26-17, §47-26-18, §47-26-19, §47-26-20, §47-26-21, §47-26-22, §47-26-23, §47-26-24, §47-26-25, §47-26-26, §47-26-27, §47-26-28, §47-26-29, §47-26-30, §47-26-31, §47-26-32, §47-26-33, §47-26-34, §47-26-35, §47-26-36, §47-26-37, §47-26-38 and §47-26-39, all relating to creating 'The Uniform Debt Management Services Act'; regulating debt management services providers; providing for the registration of debt management service providers with the Division of Banking; defining terms; providing exemptions for certain agreements and persons; establishing the application information and fees required for registration; requiring applicants and registrants to provide the Commissioner of Banking with certain updated information provided as part of the application; establishing the grounds under which the commissioner may deny a registration; requiring the commissioner to act on a registration application within one hundred twenty days of receipt of the complete application; requiring an annual renewal of all registrations; requiring periodic reporting by providers; requiring a surety bond for registered providers; requiring providers of debt management services to act in good faith and maintain customer service access during ordinary business hours; establishing the prerequisites for providing debt management services; requiring certain provisions in all contracts to provide debt management services; providing for the ability to terminate a debt management services agreement upon notice; providing that all money paid to a debt management services provider shall be held in trust in an insured bank account; prohibiting the imposition of a fee or other charge for debt management services until the provider and customer have signed an agreement; providing that an individual may void an agreement and recover a refund of any moneys paid; providing a five-year period for retention of records; establishing prohibited acts and practices of a debt management service provider; requiring a provider to provide the commissioner with notice of any civil litigation against it relating to violation of this article; requiring certain disclosures in advertising by debt management services providers; authorizing the Division of Banking to examine providers for compliance; requiring background investigation of principals of providers; authorizing the Division of Banking and the Office of the Attorney General to enforce the act; providing for private enforcement remedies; and establishing statutes of limitations"; to the Committee on Banking and Insurance then the Judiciary.
House Calendar

Second Reading

     The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
     Com. Sub. for H. B. 4001, Authorizing boards to establish fees by legislative rule,
     H. B. 4002, Relating to annual seminar requirements for professional licensing boards,
     Com. Sub. for H. B. 4003, Clarifying the law governing the duties of professional licensing boards,
     And,
     H. B. 4097
, Creating a license to practice hair styling.
     At 11:33 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 25, 2012.

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