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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)
hdj2012-1-25-15


__________*__________




Wednesday, January 25, 2012

FIFTEENTH 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 Tuesday, January 24, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     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. 4247, Increasing the compensation of attorneys who are appointed to represent criminal defendants,
     And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 4247) 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. 4250, Creating the Uniform Real Property Electronic Recording Act,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4250 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7, all relating to creating the Uniform Real Property Electronic Recording Act; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring any county clerk implementing the provisions of the act to comply with established standards; authorizing county clerks to receive, index, store, archive and transmit electronic documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to convert paper documents accepted for recording into electronic documents; authorizing county clerks to collect electronically any tax or fee relating to electronic recording of real property documents they are authorized by law to collect; authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents; creating the Real Property Electronic Recording Standards Advisory Committee to develop the standards necessary to electronically record real property documents; authorizing a legislative rule; providing for a report and recommendations to the Legislature; providing that members of the Real Property Electronic Recording Standards Advisory Committee pay their own expenses; setting forth areas for consideration when adopting or changing standards; providing for uniformity of application and construction of the act; and providing that this act modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act,"
     With the recommendation that the committee substitute 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 (Com. Sub. for H. B. 4250) to the Committee on Finance was abrogated.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4107, Relating to volunteer firefighter training,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4107 - "A Bill to amend and reenact §29-3-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29-3-5d, all relating to volunteer firefighters; requiring the State Fire Commission to establish training, equipment and performance standards by legislative rule; and authorizing emergency rules."
     With the recommendation that the committee substitute do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4111, Permitting the Board of Physical Therapists to request an injunction for unauthorized practice,   
     And,
     H. B. 4169, Massage therapy licensure board, schedule of fees,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 4111 and H. B. 4169) were each referred to the Committee on the Judiciary.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4168, Massage therapy licensure board, general provisions,
     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. 4168) was referred to the Committee on the Judiciary.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 3174, Relating to liquor sampling events,
     And,
     H. B. 4102, Relating to the regulation of fireworks,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 3174 and H. B. 4102) were each 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 
     Com. Sub. for S. B. 100 - "A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to collecting fees by circuit clerks; and removing the requirement that the circuit clerk charge three times the amount of actual postage when sending certain documents by mail or express"; which was referred to the Committee on 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. 118 - "A Bill to amend and reenact §37-6-11 of the Code of West Virginia, 1931, as amended, relating to termination of a residential lease upon the death of a tenant; permitting termination of a residential lease in certain situations; requiring notice and payment of certain rent: prohibiting waiver; and providing date for applicability of provisions"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2012, and requested the concurrence of the House of Delegates in the passage, of
     S. B. 129 - "A Bill to amend and reenact §36-3-5a of the Code of West Virginia, 1931, as amended, relating to descriptions of easements and rights-of-way in deeds and similar instruments; and amending centerline method of description to include width"; which was referred to the Committee on 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. 183 - "A Bill to amend and reenact §61-2-15a of the Code of West Virginia, 1931, as amended, relating to increasing special penalties for assault and battery on an athletic official so that maximum confinement is consistent with assault and battery on the general public"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     S. C. R. 7 - "Requesting the Division of Highways to name the bridge on U. S. Route 119, one and a half miles north of Clendenin at the Thorofare Road Junction, bridge number 20-59-0.01, in Clendenin, Kanawha County, West Virginia, the 'Smith Brothers Memorial Bridge'."
     Whereas, Five Smith brothers from Kanawha County, West Virginia, born to Ralph and Maggie Smith of Clendenin, served in the United States Army during WWII; and
     Whereas, The Smith brothers' service to their nation began in April 1941, when Wilton Russell Smith, born December 1, 1915, was inducted, serving with the 150th Infantry thirty-five months patrol at the Panama Canal, receiving an honorable discharge on October 4, 1945; and
     Whereas, Floyd Jacob Smith, born February 14, 1920, entered service in April 1942, with the Second Infantry Division, serving in Ireland, England and France, receiving an honorable discharge on December 3, 1945; and
     Whereas, Fred Ervin Smith, born January 24, 1922, entered service in October 1942, and headed for the South Pacific with the 5th Air Force, receiving an honorable discharge on December 31, 1945; and
     Whereas, Ralph Burton Smith, Jr., born January 3, 1911, entered the service in December 1942, and was assigned to the 786 Tank Battalion serving in England, Belgium, Germany and France, receiving an honorable discharge October 30, 1945; and
     Whereas, David Grant Smith, born August 29, 1907, entered the service in 1944 and served as an MP guarding German prisoners in Alabama, receiving an honorable discharge February 5, 1945; and
     Whereas, All brothers received ribbons and medals commensurate with the theaters they served with brother Fred being awarded the Purple Heart, having been wounded in France; and
     Whereas, Two of the Smith brothers' families continued with service to their country during the Vietnam War: Wilton's son, Bill, and Ralph's son, Danny; and
     Whereas, The Smith Brothers, who are still living and range in ages from 68 years to 83 years, all retired from Union Carbide with over one-hundred-fifty years total service between them; and
     Whereas, The Smith Brothers, unlike many young men who served during this period of our history, returned home safely, for which their families and communities are grateful; and
     Whereas, The Smith Brothers willingly, gallantly and proudly served their country during WWII and have given much to their community and state; and
     Whereas, The patriotic act of five brothers entering the armed forces of the United States in a time of world war, while not unique, is remarkable and their service to protecting the principles upon which this country was built and their service to their community and state should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the bridge on U. S. Route 119, one and a half miles north of Clendenin at the Thorofare Road Junction, bridge number 20-59-0.01, in Clendenin, Kanawha County, West Virginia, the "Smith Brothers Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed two signs, one on either end of the bridge, that identify the bridge, in bold and prominent lettering, as the "Smith Brothers Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to each Smith brother and to the Commissioner of the Division of Highways.
Resolutions Introduced

     Delegates Barker, Rodighiero, Butcher and Stowers offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 37 - "Requesting the Division of Highways to name the bridge on WV Route 17 in Ottawa, Boone County, bridge number 3-17-0.53, the 'PFC James J. Waters Memorial Bridge'."
     Whereas, PFC James J. Waters was born on December 22, 1918, in Sharples, Logan County, West Virginia; and
     Whereas, PFC James J. Waters enlisted in the United States Army on March 23, 1942, completing recruit training at Fort Thomas, Kentucky, before training at Fort Bragg, North Carolina; and
     Whereas, PFC James J. Waters was deployed to the European Theater on April 23, 1943 as a part of the 319th Glider, Field Artillery Battalion; and
     Whereas, PFC James J. Waters was killed in action during the D-Day invasion of Normandy, France on June 6, 1944; and
     Whereas, PFC James J. Waters was posthumously awarded the Purple Heart Medal; and
     Whereas, It is fitting and proper that PFC James J. Waters be remembered and acknowledged for his courageous action and ultimate sacrifice; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the bridge on WV Route 17 in Ottawa, Boone County, bridge number 3-17-0.53, the "PFC James J. Waters Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "PFC James J. Waters Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of James J. Waters.
     Delegate Barker offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 38 - "Requesting the Ashford/Nellis Road in Boone County, West Virginia, beginning at the Boone County Line on Route 1 then proceeding southwest on Route 1 and ending at the intersection of Route 3 and Route 1, be named the 'Vietnam Veteran Highway, In Honor of Cpl. Robert Lee Fleck, Sgt. Nile Dean Shumate, Cpl. Dana Edward Nelson and Cpl. James Charles Crose'."
     Whereas, Cpl. Robert Lee Fleck was born on February 6, 1948 in Costa, West Virginia, began his tour of duty in Vietnam on August 20, 1967 and died in action on October 19, 1967 in the Phu Yen Province, South Vietnam as the result of hostile gunfire; and
     Whereas, Sgt. Nile Dean Shumate was born on November 8, 1948 in Ashford, West Virginia, began his tour of duty in Vietnam on August 11, 1967 and died in action on June 1, 1968 in the Long An Province, South Vietnam as the result of hostile gunfire; and
     Whereas, Cpl. Dana Edward Nelson was born on October 26, 1949 in Costa, West Virginia, began his tour of duty in Vietnam on February 10, 1969 and died on March 28, 1969 in the Long Khanh Province, South Vietnam as the result of hostile gunfire; and
     Whereas, Cpl. James Charles Crose was born on October 5, 1947 in Ashford, West Virginia, began his tour of duty in Vietnam on February 25, 1969 and died on April 19, 1969 in the Tay Ninh Province, South Vietnam as the result of hostile gunfire; and
     Whereas, Cpl. Robert Lee Fleck, Sgt. Nile Dean Shumate, Cpl. Dana Edward Nelson and Cpl. James Charles Crose served their nation and state with honor and distinction, and all having given the ultimate sacrifice; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested that the Ashford/Nellis Road in Boone County, West Virginia, beginning at the Boone County Line on Route 1 then proceeding south on Route 1 and ending at the intersection of Route 3 and Route 1, be named the "Vietnam Veteran Highway, In Honor of Cpl. Robert Lee Fleck, Sgt. Nile Dean Shumate, Cpl. Dana Edward Nelson and Cpl. James Charles Crose"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the road, containing bold and prominent letters proclaiming the road to be named the "Vietnam Veteran Highway, In Honor of Cpl. Robert Lee Fleck, Sgt. Nile Dean Shumate, Cpl. Dana Edward Nelson and Cpl. James Charles Crose"; 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; Cpl. Robert Lee Fleck's brother, Johnny Fleck and his sisters, Loretta Fleck Cain and Sue Fleck Easter; Sgt. Nile Dean Shumate's aunt, Jewell Raney; Cpl. Dana Edward Nelson's brothers, Joe Nelson, Mitch Nelson and Mike Nelson, and his sister, Nancy Nelson Casto; and Cpl. James Charles Crose's sisters, Brenda Crose Whorton, Diana Crose Brown and Debbie Crose Mooney.
     Delegates
Sobonya, C. Miller, Reynolds, Stephens, Morgan and Craig
offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 39 - "Requesting the Division of Highways to name bridge number 06-101-0.36, commonly known as the 29th Street Overpass Bridge, in Huntington, Cabell County, West Virginia the 'PFC Herbert B. Murphy Memorial Bridge'."
     Whereas, Herbert Burgess Murphy was born on August 21, 1950, the son of Nellie D. Bowyer; and
     Whereas, Herbert Burgess Murphy was raised in Huntington, West Virginia and attended Cabell County public schools; and
     Whereas, PFC Herbert B. Murphy served in Vietnam with the 3rd Battalion, 5th Marines, Mike Company; and
     Whereas, PFC Herbert B. Murphy was killed in action in Quang Nam, South Vietnam on May 10, 1969 by an explosive device as he was assisting on a road mine sweeping detail; and
     Whereas, PFC Herbert B. Murphy was awarded the Purple Heart, National Defense Service Medal, Vietnam Service Medal and Republic of Vietnam Campaign Medal; and
     Whereas, On that fateful day in May 1969, PFC Herbert B. Murphy gave his last full measure of devotion to his country and to his comrades-in-arms; and
     Whereas, It is only fitting and proper that this bridge be named in his honor, and that it henceforth stand as a permanent memorial so that PFC Herbert B. Murphys supreme sacrifice will not be forgotten; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways name bridge number 06-101-0.36, commonly known as the 29th Street Overpass Bridge, in Huntington, Cabell County, West Virginia the "PFC Herbert B. Murphy 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 "PFC Herbert B. Murphy Memorial Bridge" with a designation that PFC Murphy served in the Vietnam War; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of PFC Herbert B. Murphy and to the Secretary of the Department of Transportation.
     On motion for leave, Joint Resolutions were introduced, read by their title and referred as follows:
By Delegates Walker, Cann, Barker, Longstreth, Michael, Crosier, Smith and Hamilton:
     
H. J. R. 107 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 16, article VII thereof, relating to how a vacancy in the governorship is filled; 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 Mr. Speaker, Mr. Thompson and Delegate Armstead
     
[By Request of the Executive]:
     
H. J. R. 108 - "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.
     Delegates Cowles, Overington, Armstead, Border, Ellington, Gearheart, Householder, Howell, Lane, J. Miller, Nelson, Pasdon, Savilla, Sigler, Snuffer, Sobonya, Storch and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 10 - "Expressing the sense of the House of Delegates that designating the observance of the last week in January 2012 as School Choice Week will increase awareness and understanding of the need for school choice."
     Whereas, All children in West Virginia should have the opportunity to attend the highest quality schools available; and
     Whereas, Citizens across West Virginia agree that improving the quality of education in this state and expanding access to great schools should be an issue of great importance to state leaders; and
     Whereas, West Virginia has a multitude of high-quality public schools and private schools; and
     Whereas, The vital need for education reform is one that transcends ideology and political party affiliation; and
     Whereas, Research conclusively demonstrates that providing children with multiple schooling options improves academic performance; therefore, be it
     Resolved by the House of Delegates of West Virginia:
     That the House of Delegates recognizes January 22 to January 28, 2012, to be School Choice Week in the State of West Virginia; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor, the State Superintendent of Schools and members of the State Board of Education.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Manchin, Lawrence, Cann, Doyle, Longstreth and Morgan:
     
H. B. 4279 - "A Bill to amend and reenact §8-5-5 of the Code of West Virginia, 1931 as amended, relating to the election of municipality officers; permitting municipalities to stagger the terms of elected officers; and making stylistic changes"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Skaff, Hatfield and Poore:
     
H. B. 4280 - "A Bill to amend and reenact §11A-2-2 of the Code of West Virginia, 1931, as amended, relating to collection of delinquent taxes"; to the Committee on Finance.
By Delegates White, Miley, Hunt, Poore, Skaff, Moore, Fleischauer and Sobonya:
     
H. B. 4281 - "A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to increasing the supplemental pay of members of the West Virginia State Police in lieu of overtime pay"; to the Committee on Finance.
By Delegates Ellem, Hamilton, D. Poling, Frazier and Border:
     
H. B. 4282 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-8-104a, relating to providing that adultery is a bar to alimony in a divorce proceeding"; to the Committee on the Judiciary.
By Delegates Ferro and Barker:
     [By Request of the Division of Environmental Protection]:
     
H. B. 4283 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-3-33, relating to the award of attorney fees and costs by the Surface Mine Board and courts"; to the Committee on the Judiciary then Finance.
By Delegate White:
     
H. B. 4284 - "A Bill to amend and reenact §11-21-77 of the Code of West Virginia, 1931, as amended, relating to personal income tax; requiring backup withholding on certain gambling winnings"; to the Committee on Finance.
By Delegates Swartzmiller, Moye, Sumner, Hall and Skaff:
     
H. B. 4285 - "A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to adding the county sheriff, or his or her designee, to those law-enforcement officials who are granted access to certain confidential pharmaceutical information to identify unusual or abnormal drug practices; and granting rule-making authority"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Staggers and L. Phillips:
     
H. B. 4286 - "A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to registration plates to state, county, municipal and other governmental vehicles; authorizing the Commissioner of the Division of Motor Vehicles to issue no more than five Class A registration plates to the division for vehicles to be used by investigators for commercial driver examination fraud investigation and driver's license issuance fraud detection and fraud prevention; authorizing the commissioner to issue Class A registration plates to Medicaid Fraud Control Unit and the West Virginia Insurance Fraud Unit; deleting an outdated requirement; and providing penalties"; to the Committee on Roads and Transportation then Finance.
By Delegates Staggers and L. Phillips:
     
H. B. 4287 - "A Bill to amend and reenact §17A-10-1 and §17A-10-3 of the Code of West Virginia, 1931, as amended, all relating to classification of motor vehicles for purpose of registration; changing the definition of Class A vehicles by increasing the maximum weight of Class A to include certain vehicles now classified as Class B; establishing the fee for those reclassified vehicles; and defining Class Farm Truck as Class X"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Mahan:
     
H. B. 4288 - "A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to the receipt and transfer of scrap metal; imposing of additional reporting requirements for certain purchases; permitting law-enforcement officers to confiscate such metals upon reasonable belief that a crime has been committed; and increasing criminal penalties for violations"; to the Committee on the Judiciary.
By Delegates Morgan, Stephens, Hatfield, Hartman, Householder, Howell, Staggers and Talbott:
     
H. B. 4289 - "A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eleven new sections, designated §5F-2-1a, §5F-2-1b, §5F-2-1c, §5F-2-1d, §5F-2-1e, §5F-2-1f, §5F-2-1g, §5F-2-1h, §5F-2-1i, §5F-2-1j, §5F-2-1k and §5F-2-1l, all relating to the organization of code provisions regarding the administration of state government agencies"; to the Committee on Government Organization then Finance.
By Delegates Barker, Williams, Longstreth, Swartzmiller, Walker and Talbott:
     
H. B. 4290 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §5I-1-1, §5I-1-2 and §5I-1-3, all relating to creating the Keep Jobs in West Virginia Act', prohibiting public agencies from awarding contracts to vendors who perform that work outside the United States; requiring vendors to certify that no work will be performed outside of the United States; defining terms; making findings; and providing remedies"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Miley, Frazier, Longstreth, Barill and Manchin
     [By Request of the Supreme Court of Appeals]:
     
H. B. 4291 - "A Bill to amend and reenact §51-8-8 of the Code of West Virginia, 1931, as amended, relating to county law libraries operated by the Supreme Court of Appeals"; to the Committee on the Judiciary.
By Delegates Miley, Frazier, Longstreth, Barill, Jones and Manchin
     [By Request of the Supreme Court of Appeals]:
     H. B. 4292 - "A Bill to amend and reenact §27-5-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the West Virginia Supreme Court of Appeals to establish a reasonable fee of compensation for mental hygiene services; and establishing a payment procedure for the compensation"; to the Committee on the Judiciary then Finance.
By Delegates Miley, Frazier, Longstreth, Barill and Jones
     [By Request of the Supreme Court of Appeals]:
     
H. B. 4293 - "A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to increasing the compensation caps for secretary-clerks and case coordinators in the family court system"; to the Committee on the Judiciary then Finance.
By Delegates Manchin, Lawrence, Cann, Doyle, Longstreth, Morgan and Varner:
     
H. B. 4294 - "A Bill to repeal §8-13-9 of the Code of West Virginia, 1931, as amended, relating to repealing the municipality motor vehicle operator's tax"; to the Committee on Political Subdivisions then Finance.
By Delegates Manchin, Hatfield and Lawrence:
     
H. B. 4295 - "A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to amending recount procedures"; to the Committee on the Judiciary.
By Delegates Morgan and Stephens:
     
H. B. 4296 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-20, relating to authorizing licensing boards to require applicants to submit to criminal background checks; declaring the background checks do not violate public policy; requiring the background checks to be consistent with federal standards; providing rule-making authority; and providing a confidentiality provision"; to the Committee on Government Organization then the Judiciary.
By Delegates Moore, Poore, Fleischauer, Skaff and Sobonya:
     H. B. 4297 - "A Bill to amend and reenact §17C-19-3 of the Code of West Virginia, 1931, as amended, relating to authorizing law enforcement to issue a charge by citation instead of prompt presentment before a magistrate when making an arrest for driving with a suspended or revoked license for miscellaneous reasons if a magistrate or judge is not reasonably available"; to the Committee on the Judiciary.
By Delegates Hatfield, Skaff, Armstead, Poore, Lane and Nelson:
     
H. B. 4298 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-3-1 of said code, all relating to limiting the amount a property reappraisal can increase over the previous amount"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 4299 - "A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to authorizing a county board of education to use the services of a bus operator from another county in certain circumstances"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 4300 - "A Bill to amend and reenact §29-29-3 of the Code of West Virginia, 1931, as amended, relating to medical service professionals under the volunteer for nonprofit youth organizations act"; to the Committee on the Judiciary.
House Calendar

Third Reading

     Com. Sub. for H. B. 4001, Authorizing boards to establish fees by legislative rule; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 13), and there were--yeas 67, nays 31, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Ellington, Gearheart, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
     Absent and Not Voting: T. Campbell and Hartman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4001) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4002, Relating to annual seminar requirements for professional licensing boards; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 14), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Ellington, Gearheart, Hamilton, Kump and Sobonya.
     Absent and Not Voting: T. Campbell and Hartman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4002) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 4003, Clarifying the law governing the duties of professional licensing boards; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 15), and there were--yeas 87, nays 11, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Duke, Ellem, Gearheart, Hamilton, Householder, Howell, Kump, Overington, Savilla, Sigler and Sobonya.
     Absent and Not Voting: T. Campbell and Hartman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4003) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4097, Creating a license to practice hair styling; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 16), and there were--yeas 86, nays 12, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Azinger, Ellem, Ellington, Evans, Gearheart, Hamilton, Ireland, Lane, Savilla, Sigler and Walters.
     Absent and Not Voting: T. Campbell and Hartman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4097) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for H. B. 4238, Establishing procedures for address confidentiality program participants on the special absentee voting list,
     And,
     H. B. 4251, Relating generally to amendments to the uniform commercial code.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates T. Campbell and Hartman.
     At 11:34 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 25, 2012.

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