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

House Journal


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


__________*__________




Thursday, February 2, 2012

TWENTY-THIRD 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 Wednesday, February 1, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Talbott, from the Committee on Natural Resources submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration:
     H. B. 4219, Natural Resources, defining the terms used in all hunting and trapping,
     H. B. 4222, Natural Resources, special fishing rule,
     H. B. 4322, Adding coyote and fox to the list of species in which any color artificial light is permitted for hunting at night,
     And,
     H. B. 4328
, Removing bobcats from the list of species requiring a field tag,
     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. 4219, H. B. 4222, H. B. 4322 and H. B. 4328) were each referred to the Committee on the Judiciary.
     Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 4138, Banking, WV Division of, residential mortgage lenders, brokers and loan originators rules,
     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. 4138) was referred to the Committee on the Judiciary.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 4165, Insurance Commission, surplus lines insurance,
     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. 4165) was referred to the Committee on the Judiciary.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 4211, Insurance Commission, continuing education,
     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. 4211) was referred to the Committee on the Judiciary.
     Chairman Skaff, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
     H. B. 4180, Department of Administration, certification for small, women and minority-owned businesses,
     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. 4180) was referred to the Committee on the Judiciary.
     Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 4274, Expanding the authority of the Commissioner of Banking over regulated consumer lender licensees, and providing a penalty for violations,
     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. 4274) was referred to the Committee on Finance.
     Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
     H. B. 4290, Keep Jobs in West Virginia Act,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 4290) 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. 4241, Establishing nurse health programs,
     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 Government Organization.
     In accordance with the former direction of the Speaker, the bill (H. B. 4241) was referred to the Committee on Government Organization.
     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. 4315, Permitting a new class IV town or village to select a form of government,
     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. 4315) 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. 4305, Relating to vacancies in offices of county commissioner, clerk of the county commission, clerk of the circuit court, prosecuting attorney, sheriff, assessor and surveyor,
     And,
     H. B. 4279, Permitting municipalities to stagger the terms of elected officers,
     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. 4305 and H. B. 4279) were each referred to the Committee on the Judiciary.
     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. 4162, Highways, transportation of hazardous wastes,
     H. B. 4216, Division of motor vehicles, compulsory motor vehicle liability insurance,
     H. B. 4229, State police, career progression system,
     H. B. 4287 Expanding the definition of Class A vehicles and designating class farm trucks as Class X,
     And,
     H. B. 4330, Providing that drivers licenses may contain information designating the licensee as a person who is an honorably discharged veteran,
     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. 4162, H. B. 4216, H. B. 4229, H. B. 4287 and H. B. 4330) were each referred to the Committee on the Judiciary.
     Chairman Pethtel, from the Committee on Pensions and Retirement, submitted the following report, which was received:
     Your Committee on Pensions and Retirement has had under consideration:
     H. B. 4141, Consolidated Public Retirement Board, refund, reinstatement, loan and employer error interest factors,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 4141) was 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. 31 - "A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, all relating to establishing voting precincts and changing the composition of standard receiving boards; increasing the limit on the size of voting precincts to three thousand registered voters in urban areas and one thousand five hundred in rural areas; permitting precincts in urban or rural areas to have fewer than the minimum numbers of registered voters allowed; permitting an increase in the size of standard receiving boards in enlarged precincts; providing an option to have more poll workers and commissioners; and permitting fewer poll workers in precincts during a municipal election where there is no simultaneous state or county election"; which was referred to the Committee on the Judiciary then Finance.
     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. 167 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-5-2a; and to amend and reenact §8-13-15 of said code, all relating to the acceptance of credit cards as a form of payment; and authorizing a fee to be assessed for the use of a credit card as a form of payment"; which was referred to the Committee on Political Subdivisions 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
     S. B. 367 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to the liability of a possessor of real property for harm to a trespasser"; 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. 382 - "A Bill to amend and reenact §15-12-2, §15-12-3, §15-12-5 and §15-12-10 of the Code of West Virginia, 1931, as amended, all relating to the sex offender registration generally; requiring persons convicted of offenses relating to distributing obscene matter to minors to register; requiring offenders to provide palm prints; and requiring registration and updating of information only at the State Police detachment covering the offender's county of residence"; 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
     S. B. 385 - "A Bill to amend and reenact §61-3C-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8A-1 of said code, all relating to updating the definition of 'computer' in the commission of certain crimes"; which was referred to the Judiciary.
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of        
     S. B. 469 - "A Bill to amend and reenact §5-16-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §5-16-5a and §5-16- 5b; to amend said code by adding thereto a new section, designated §5-16D-7; to amend and reenact §11-21-96 of said code; and to amend and reenact §18-9A-24 of said code, all relating to other post- employment benefits generally; directing the Director of the Public Employees Insurance Agency to evaluate and administer programs that ensure the long-term effectiveness of the agency; requiring the director to issue annual progress reports to the Legislature; prohibiting the Public Employees Insurance Agency Finance Board from including in the financial plans any subsidy from the Retiree Health Benefit Trust for the cost of coverage for retired employees who were hired on or after July 1, 2010; creating the Post-July 1, 2010 Employee Trust; allowing appointment of a joint committee; directing a certain amount of personal income tax into the West Virginia Retiree Health Benefit Trust Fund until Governor certifies that trust fund is fully funded or July 1, 2037, whichever date is later; directing an amount of personal income tax into the Post-July 1, 2010 Employee Trust Fund; and specifying that portions of the employer annual required contribution of county boards of education shall be billed to and be a responsibility of the state"; which was referred to the Committee on Finance.
Resolutions Introduced

     On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
     By Delegates Givens and Caputo:
     
H. J. R. 110 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article ten thereof, relating to homestead exemption and surviving spouse; 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 Finance.
     Delegates Gearheart, Ellington and Frazier offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 13 - "Celebrating the history and contribution of the Bluefield Coal Show to Mercer County and the West Virginia coal industry."
     Whereas, From its humble beginnings in 1934 as a local festival in which twenty-five exhibitors celebrated the coal industry and crowds reaching as many as forty-three thousand per year, to its demise in its original format in 1958; and
     Whereas, Over the past three and a-half decades since it was resurrected in 1976, the Bluefield Coal Show which is labeled as "The Coal Show for Coal People" has grown from seventy- five to two hundred and thirty-seven exhibitors from thirty-seven states, the United Kingdom, Canada and Germany; and
     Whereas, The Bluefield Coal Show utilizes hundreds of local volunteers interested in showcasing the coal industry by working together to create a professional trade show; and
     Whereas, The leadership of the coal show has been in place for many years and has ensured the long-term success into the foreseeable future; and
     Whereas, The Bluefield Coal Show attracts over six thousand coal industry people from around the world to Mercer County over the course of the Coal Show's weekend dates; and
     Whereas, The Bluefield Coal Show provides coal operators and miners with information on technological advancements in coal mining, and provides a forum for an exchange of new developments in underground coal mining safety; and
     Whereas, Year after year the best and brightest minds and most successful operators present educational information for the betterment of the coal industry; and
     Whereas, The Bluefield Coal Show is considered one of the best coal exhibitions of its kind in the nation; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby honors the Bluefield Coal Show; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Greater Bluefield Chamber of Commerce.
     Delegates Duke, Cowles, Lane, Andes, Kump, Howell, Ashley, Ireland, Armstead, Sumner, C. Miller, Sobonya, Canterbury, Walters, Savilla, Carmichael, Ellem, Azinger, Evans, Storch, Householder, Nelson, Pasdon, Border, Overington, J. Miller, O'Neal, Snuffer, Gearheart, Sigler, Anderson, Rowan, Hamilton, Romine and Ellington offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 14 - "Amending the rules of the House of Delegates, relating to removal of name as joint sponsor of bill."
     Resolved by the House of Delegates:
     That the Standing Rules of the House of Delegates be amended by adding thereto a new rule as follows:
"Removal of Name as Joint Sponsor of Bill
_____
94b. Any time prior to passage by the House of a House bill or action on an amendment by the Senate to a House bill, any joint sponsor of said bill may instruct the Clerk of the House to remove his or her name and the Clerk shall be compelled to do so."
     Delegate Lane offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 15 - "Amending the rules of the House of Delegates, relating to requiring a Jobs Impact Statement be attached to proposed legislation affecting employment or taxes in the state."
     Resolved by the House of Delegates:
     That the Standing Rules of the House of Delegates be amended by adding thereto a new rule as follows:
"Jobs Impact Statement.
_____95c. Prior to consideration, by the House or by any of its committees, of any bill that increases or decreases the revenue or fiscal liability of individual citizens, employers, the state or any of its political subdivisions or in any manner changes or modifies any existing tax or rate of taxation or in any manner proposes to enact, amend or repeal any provision generally relating to employment within the state, the bill shall have attached to it a Jobs Impact Statement. The statement must conform to the requirements of form and content as prescribed by the Jobs Impact Statement Manual prepared and adopted by the Committee on Rules.
_____When required, it is the responsibility of the member introducing the bill to obtain the Jobs Impact Statement.
_____This rule does not prohibit consideration of a bill where, in the opinion of the chairman of the committee to which the bill has been referred or in the opinion of the Speaker, a reasonable amount of time has transpired between when a Jobs Impact Statement was requested and no statement, or an incomplete one, has been provided.
_____The phrase 'Jobs Impact Statement' or the initials 'JS' must be clearly stamped or endorsed on the jackets of all bills that have statements attached to them.
_____No act is void or voidable for noncompliance with this rule.
_____This rule takes effect on January 12, 2013.
"
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Longstreth, Frazier, Ellem and Ireland
     [By Request of the State Police]:
     
H. B. 4391 - "A Bill to amend and reenact §17C-15-36a of the Code of West Virginia, 1931, as amended, relating to exempting unmarked law-enforcement vehicles primarily used for covert or undercover enforcement from sun screening restrictions"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Boggs, M. Poling, Moore, Barill, L. Phillips, White, Hall, Pethtel, Jones and Frazier
     [By Request of the Supreme Court of Appeals]:
     
H. B. 4392 - "A Bill to amend and reenact § 50-1-3, §50-1-8, §50-1-9 and § 50-1-9a, of the Code of West Virginia, 1931, as amended, all relating to equally compensating all state magistrates, magistrate assistants, magistrate court clerks and magistrate court deputy clerks"; to the Committee on the Judiciary then Finance.
By Delegates Frazier, Pino, Ellem, Caputo, Lane, Manchin, Manypenny and Fleischauer:
     
H. B. 4393 - "A Bill to amend and reenact §11A-3-19 and §11A-3-21 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11A-3-23a; to amend and reenact §11A-3-52 and §11A-3-54 of said code; and to amend said code by adding thereto a new section, designated §11A-3-58a, all relating to permitting surface owners to purchase the mineral interests that lay below the property when the mineral interest becomes subject to a tax lien; establishing the purchase price to be twice the amount owed by the mineral interest owner; setting forth the procedure for clerks and deputy commissioners; establishing a nonrefundable $20 administrative fee to be paid by surface owners; providing a procedure if more than one surface owner desires to purchase the delinquent mineral interest; and modifying notices to redeem that are sent to property owners identifying the additional rights available to surface owners"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny, Fleischauer, Manchin, Swartzmiller, Boggs, Doyle, Perry, Canterbury, Brown, Shaver and Staggers:
     
H. B. 4394 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-6A-6a, relating to studying injection induced seismic activity associated with to horizontal well drilling and waste injection sites; development of guidelines for monitoring seismic activity; and rulemaking"; to the Committee on the Judiciary.
By Delegates Swartzmiller and D. Poling:
     
H. B. 4395 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-14D-12a, relating to providing a one-time supplement for certain annuitants and survivor beneficiaries after being retired at least three consecutive years "; to the Committee on Pensions and Retirement then Finance.
By Delegates Swartzmiller and D. Poling:
     
H. B. 4396 - "A Bill to amend and reenact §5H-1-1 and §5H-1-2 of the Code of West Virginia, 1931, as amended, all relating to permitting a death benefit to the families of law- enforcement officers who die in the performance their duties"; to the Committee on Finance.
By Delegates Marshall, Barill, Iaquinta, Lawrence and Longstreth:
     
H. B. 4397 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-5-17a, relating to making it a crime for preventing an individual from calling emergency service personnel, including penalties"; to the Committee on the Judiciary then Finance.
By Delegates Marshall, Iaquinta, Reynolds, Stowers, Anderson and Evans:
     
H. B. 4398 - "A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof"; to the Committee on Finance.
By Delegates Manchin, Poore and Hunt:
     
H. B. 4399 - "A Bill to amend and reenact §55-7B-9 of the Code of West Virginia, 1931, as amended, relating to several liability for health care providers"; to the Committee on the Judiciary.
By Delegates Hunt, Ellem, Manchin, Poore, Evans and Fleischauer:
     
H. B. 4400 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-11-11, relating to unfair trading practices by insurance companies; providing a third-party claimant may collect damages from an insurance company that has intentionally engaged in an unfair trade practice; and setting forth the requirements that must be met before damages may be awarded"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Perry, Ashley, Hall and Hartman:
     
H. B. 4401 - "A Bill to amend and reenact §33-12B-1, §33-12B-5 and §33-12B-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-12B-4a, all relating to insurance; licensure of adjusters; definitions, including a definition of 'automated claims adjudication system'; and exemptions for certain individuals from adjuster licensure in this state and licensing of residents of Canada in this state"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Miley
     [By Request of the Secretary of State's Office]:
     
H. B. 4402 - "A Bill to amend and reenact §3-1-50 of the Code of West Virginia, 1931, as amended, relating to election complaint procedure"; to the Committee on the Judiciary.
By Delegates Miley, Manchin, Lawrence and Fleischauer
     [By Request of the Secretary of State's Office]:
     
H. B. 4403 - "A Bill to amend and reenact §3-6-4a of the Code of West Virginia, 1931, as amended, relating to changing the filing deadline for certified write-in candidates"; to the Committee on the Judiciary.
By Delegates Ellington, Householder, Gearheart, R. Phillips, Overington, Hall, Sobonya and Savilla:
     
H. B. 4404 - "A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, relating to requiring holders of graduated driver's licenses to pass drug tests"; to the Committee on Roads and Transportation then Finance.
By Delegates Perry, Hall, Skaff, Barker and Caputo:
     
H. B. 4405 - "A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; and amend and reenact §7-7-1 and §7-7-4 of said code, all relating to compensation of elected county officials and county commissioners for each class of county; certain appointive state officers, specifically the Executive Director, Prosecuting Attorneys Institute; legislative findings; and authorizing increasing this compensation after July 1, 2012"; to the Committee on Political Subdivisions then Finance.
By Delegates Andes, Carmichael and Savilla:
     
H. B. 4406 - "A Bill to repeal §7-7-3, §7-7-4 and §7-7-4a of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-7-1, §7-7-6a and §7-7-6b of said code, all relating to the classification of counties for purpose of determining compensation of elected county officials; compensation of elected county officials and county commissioners for each class of county; legislative findings; authorizing the option of full-time status for part-time prosecuting attorneys; Assessors and their additional compensation for additional duties; and, additional compensation of assessors according to county classification"; to the Committee on Political Subdivisions then Finance.
By Delegates Miley, Lawrence, Smith and Poore
     [By Request of the State Police]:
     
H. B. 4407 - "A Bill to amend and reenact §61-8C-1 and §61-8C-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto six new sections, designated §61-8C-6, §61-8C-7, §61-8C-8, §61-8C-9, §61-8C-10, §61-8C-11, and §61-8C-12 of the Code of West Virginia, 1931, as amended, all relating crimes and their punishment; filming of sexually explicit conduct of minors; Legislative findings; including 'lascivious' and 'child erotica' in definitions; establishing procedures for seizure, sale and forfeiture of assets and other real property used for the exploitation of children; and criminal penalties"; to the Committee on the Judiciary then Finance.
By Delegates Lawrence, Manchin and Miley
     [By Request of the Secretary of State's Office]:
     
H. B. 4408 - "A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-2-5, §3-2-6, §3-2-7, §3-2-10, §3-2-11 and §3-2-18 of said code, all relating to online registration of voters"; to the Committee on the Judiciary then Finance.
House Calendar

Third Reading

     Com. Sub. for S. B. 165, Creating criminal offense of sexual contact on incarcerated persons by correctional employees; 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. 27), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
     Absent and Not Voting: Mahan.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 165) passed.
     On motion of Delegate Miley, the title of the bill was amended to read as follows:
     Com. Sub. for S. B. 165 - "A Bill to amend and reenact §61-8B-2 and §61-8B-10 of the Code of West Virginia, 1931, as amended, all relating to prohibiting sexual acts between persons who are incarcerated, on probation or parole with state and local jail, correctional, probation and parole employees or contractors; prohibiting sexual contact; removing consent of victim as a defense for criminal acts; and establishing criminal penalties."
     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. 4063, Relating to civil service commissions in political subdivisions,
     Com. Sub. for H. B. 4239, Increasing the membership of the West Virginia Board of Osteopathy,
     Com. Sub. for H. B. 4257, Providing late voter registration opportunities to individuals covered by the Uniformed and Overseas Citizens Act of 1986,
     H. B. 4314, Relating to the appointment of magistrates,
     And,
     H. B. 4320
, Relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Mahan.
Remarks by Members

     Delegate Hunt addressed the House regarding H. B. 4260, Relating to insurance coverage for autism spectrum disorders, and at the conclusion thereof, Delegate Poore asked and obtained unanimous consent that his remarks be printed in the Appendix to the Journal.
     Delegate Lane then addressed the House regarding health care regulations that would force religious employers to violate their religious beliefs, and at the conclusion of his remarks, Delegate Andes asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
     At 11:42 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 3, 2012.

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