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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)
hdj2012-02-07-28


__________*__________




Tuesday, February 7, 2012

TWENTY-EIGHTH 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, February 6, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     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. 4098, Providing a loan forgiveness program for dentists and hygienists,
     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, and with the further recommendation that it be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 4098) was referred to the Committee on the Judiciary, and in the absence of objection, was further 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. 4327, Requiring pulse oximetry testing for newborns,
     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. 4327) was referred to the Committee on the Judiciary.
     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. 4132, Requiring the Department of Health and Human Resources to reimburse the circuit clerk of the county where involuntary commitment hearings are held for certain expenses,
     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. 4132) was referred to the Committee on Finance.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
     Com. Sub. for S. B. 165, Creating criminal offense of sexual contact on incarcerated persons by correctional employees.
     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. 211 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to traffic safety; establishing the offense of operating a motor vehicle while sending or reading a text message or using a wireless communication device without hands-free technology; providing exceptions; providing definitions; and providing penalties"; 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. 360 - "A Bill to amend and reenact §11-10-13f of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §38-1-16, all relating to creating a procedure for deeming personal property abandoned following a transfer of real property by tax sale or foreclosure; requiring notice to the owner of personal property remaining on real property after the previous owner has vacated; creating a procedure for notice and setting a thirty-day period for removal of personal property; giving the purchaser of real property the authority to remove personal property after proper notice and waiting period; and prohibiting waiver of notice requirement prior to vacation of property"; 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. 429 - "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'"; 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 from passage, and requested the concurrence of the House of Delegates in the passage, of        
     S. B. 436 - "A Bill to repeal §18-2B-5 of the Code of West Virginia, 1931, as amended; to repeal §18-27-1, §18-27-2, §18-27-3, §18-27-4, §18-27-5, §18-27-6, §18-27-7, §18-27-8, §18-27-9, §18-27-10, §18-27-11, §18-27-12, §18-27-13, §18-27-14, §18-27-15, §18-27-16, §18-27-17, §18-27-18, §18-27-19, §18-27-20, §18-27-21 and §18-27-22 of said code; to amend and reenact §18-2-10 of said code; to amend and reenact §18-2B-1, §18-2B-2, §18-2B-3, §18-2B-4 and §18-2B-7 of said code; to amend said code by adding thereto a new article, designated §18-13-1, §18-13-2, §18-13-3, §18-13-4 and §18-13-5; to amend said code by adding thereto a new article, designated §18B-3B-1, §18B-3B-2 and §18B-3B-3; to amend and reenact §18B-3C-1, §18B-3C-2 and §18B-3C-4 of said code; and to amend said code by adding thereto a new section, designated §18B-14-1, all relating to public education generally; career and technical education; seamless curricula; programs of study; requiring state board to provide adult basic education programs on certain college campuses; creating West Virginia EDGE initiative; establishing initiative goals; providing for administration and accountability; requiring joint rule; clarifying that no specific level of appropriation is required; creating collaborative degree completion program; setting forth legislative findings, intent and program objectives; specifying program applicability; setting forth powers and duties of participating agencies; requiring certain agreements between community and technical college consortia and career and technical centers; clarifying legislative findings and intent regarding community and technical college system; clarifying duties of community and technical college consortia planning districts and specifying certain accountability procedures; assigning responsibility for developing collaborative degree completion programming; defining programs of study and directing consortia to focus on identifying and providing student programs of study leading to placement in high-demand, high-wage occupations; requiring initial consortia compacts and annual updates by certain date; specifying facilitating institutions for certain community and technical college consortium; providing for select committee to examine higher education outcomes-based funding models; specifying membership; requiring report of findings with recommendations to Legislative Oversight Commission on Education Accountability and Joint Committee on Government and Finance by certain date; updating names of agencies and institutions; making technical corrections; and deleting obsolete language"; which was referred to the Committee on Education.
     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. 470 - "A Bill to amend and reenact §18-7A-25 of the Code of West Virginia, 1931, as amended, relating to medical examinations to qualify for a disability annuity under the Teachers Retirement System"; which was referred to the Committee on Pensions and Retirement then Finance.
Resolutions Introduced

     Delegate Barker offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 51 - "Requesting the Division of Highways to name the bridge on Route 85, at Greenwood in Boone County, bridge number 3-85-7.71, as the 'Robert Earchil Adams Memorial Bridge'."
     Whereas, Robert Earchil Adams was born on August 25, 1975 to Stanley "Butch" and Sue Adams; and
     Whereas, Robert Earchil Adams had a love of football and began playing when he was seven years old and played for the varsity at Van High School; and
     Whereas, Robert Earchil Adams graduated from Van High School in 1994 and had his jersey number 55 retired; and
     Whereas, In 1996 Robert Earchil Adams was proud of his decision to join the United States Army and although he was anxious about leaving, he was also excited about becoming a ranger and jumping out of planes; and
     Whereas, Robert Earchil Adams died on February 4, 1996, just ten days before he was scheduled to leave for the U. S. Army; and
     Whereas, It is fitting to honor Robert Earchil Adams for his commitment to his nation and his community; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the bridge on Route 85 at Greenwood, in Boone County, bridge number 3-85-7.71, as the "Robert Earchil Adams 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 "Robert Earchil Adams Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of Highways, and to Robert Earchil Adams' parents, Stanley "Butch" and Sue Adams, and his sister, Christy Sampson.
     On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
     By Delegates Rodighiero and Reynolds:
     
H. J. R. 111 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article IV thereof by adding thereto a new section, designated section thirteen, relating to limiting all elected officeholders to serve no more than twelve years; excepting previous years in office by current officeholders; and providing that those offices that currently have a maximum time of less than twelve years, the lesser period shall control; 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 Perdue, Perry, Hamilton, Hartman, Poore, D. Campbell, M. Poling, Hatfield, Ellem, Hunt and Williams:
     
H. B. 4438 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4, §16-2L-5, §16-2L-6, §16-2L-7, §16-2L-8, §16-2L-9, §16-2L-10, §16-2L-11, §16-2L-12 and §16-2L-13, all relating to creating the Provider Sponsored Network Act; stating the purpose; making legislative findings; defining terms; describing the services to be performed and programs to be undertaken by a provider sponsored network; authorizing the Secretary of the Department of Health and Human Resources to recognize provider sponsored networks; assigning medicaid beneficiaries to a provider sponsored network; authorizing the Secretary of the Department of Health and Human Resources to contract with a provider sponsored network; providing for payment for services provided by a provider sponsored network; providing for participation of health care providers in a provider sponsored network; providing an exemption from anti-trust laws; addressing business and insurance risk; excluding insurance regulation; requiring studies and reports; providing for shared savings with the state and defining the shared amounts; providing minimum capital and surplus amounts; and requiring that the award of provider sponsored network contracts be an open application process using standards established by the secretary"; to the Committee on Health and Human Resources then Finance.
By Delegates Morgan and Stephens:
     
H. B. 4439 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-10a, relating to municipal authority; permitting a Class I city to use the design-build process"; to the Committee on Political Subdivisions then Government Organization.
By Delegates Craig, Reynolds and Morgan:
     
H. B. 4440 - "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; setting forth the requirements that must be met in order that damages may be awarded; setting forth time limits; and permitting sanctions to be entered against a third-party claimant whose claims are unwarranted"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Ellem, Manchin, D. Poling, Hunt, Rowan and Hamilton:
     
H. B. 4441 - "A Bill to amend and reenact §48-15-201 and §48-15-209 of the Code of West Virginia, 1931, as amended, all relating to removing driver and commercial driver licenses from the identified licenses which may be revoked when in arrearage on child support payments"; to the Committee on the Judiciary.
By Delegates Cowles, Hatfield and Lawrence:
     
H. B. 4442 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-27, relating to requiring automated external defibrillators in public schools"; to the Committee on Education then Finance.
By Delegates Ferns, Ferro, Givens, Hartman, Jones, R. Phillips, Morgan, Storch, Swartzmiller and Varner:
     
H. B. 4443 - "A Bill to amend and reenact §19-23-1, §19-23-3 and §19-23-6 of the Code of West Virginia, 1931, as amended, all relating to permitting the racing commission to regulate charity racing events and rule-making authority"; to the Committee on Government Organization then the Judiciary.
By Delegates Cowles, Kump, Duke, J. Miller, Householder and Overington:
     
H. B. 4444 - "A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931, as amended, relating to commercial mobile radio service providers; eliminating the three percent billing fee retained by commercial mobile radio service providers of the wireless enhanced 911 moneys collected by them; requiring the Public Service Commission to distribute the collected 911 moneys to counties on a monthly basis"; to the Committee on Government Organization then Finance.
By Delegates Hunt, Frazier, Poore, Skaff, Caputo, Cowles, Reynolds, Brown, Ellem, Miley and Wells:
     
H. B. 4445 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §49-6-11 of said code; and to amend said code by adding thereto a new section, designated §61-8-17, all relating to the crime of solicitation of a minor; registration as sex offender; and criminal penalties"; to the Committee on the Judiciary then Finance.
By Delegates Varner, Ferns, Cann, Perdue, Marshall, Boggs, White, Ferro, Pethtel and Storch:
     
H. B. 4446 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5b, relating generally to severance taxes collected for privilege of producing oil or natural gas; setting a baseline of tax collections; providing for the distribution of funds collected in excess of that baseline; providing how those funds may be used; creating the Marcellus Development Account; and defining terms"; to the Committee on the Judiciary then Finance.
By Delegates Ellington, Overington, Householder, Storch, Gearheart and Snuffer:
     
H. B. 4447 - "A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended, relating to reducing the motor fuel excise tax"; to the Committee on Finance.
By Delegates Skaff, Hall, Swartzmiller, Morgan and Staggers:
     
H. B. 4448 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to the use of low-speed vehicles in municipalities; and authorizing municipalities, by ordinance, to allow the use of low-speed vehicles on roads in municipalities with speed limits over twenty-five miles per hour and less than thirty-five miles per hour"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Swartzmiller, Staggers and Cowles
     [By Request of the Division of Motor Vehicles]:
     
H. B. 4449 - "A Bill to repeal §17B-3-3c of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17B-3-14; and to amend and reenact §17B-4-3 of said code, all relating to the suspension or revocation of driver's licenses; making legislative findings; establishing a driver's license restoration program; waiving certain reinstatement requirements to restore driving privileges; reducing the period for suspension upon receipt of notice of driving while suspended for nondriving under the influence offenses; and granting rule-making authority"; to the Committee on Roads and Transportation then Finance.
By Delegates Moye, Stephens, Morgan, Perdue, Reynolds and Craig:
     
H. B. 4450 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-11, relating to the Senior Farmers' Market Nutrition Program; making legislative findings and intent; and creating the Senior Farmers' Market Nutrition Program Fund"; to the Committee on Agriculture then Finance.
By Delegates Overington, Wells, Doyle, Frazier, Hunt, Ellem, Lane, Fragale and Fleischauer:
     
H. B. 4451 - "A Bill to amend and reenact §3-1-19 of the Code of West Virginia, 1931, as amended, relating to appointment of ballot commissioners"; to the Committee on the Judiciary. By Delegate Miley
     [By Request of the Secretary of State's Office]:
     
H. B. 4452 - "A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-1-3 of said code; and to amend and reenact §3-2-2, §3-2-4a, §3-2-18, §3-2- 19, §3-2-21, 3-2-23, §3-2-25 and §3-2-29 of said code, all relating to the maintenance of voter registration lists and related records"; to the Committee on the Judiciary.
By Delegates Swartzmiller, Iaquinta and Longstreth
     [By Request of the Adjutant General's Office]:
     
H. B. 4453 - "A Bill to amend and reenact §19-25-1, §19-25-3, §19-25-5, §19-25-6 and §19-25-7 of the Code of West Virginia, 1931, as amended, all relating to limiting the liability of landowners who make land available for military, law enforcement or homeland defense training"; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.
House Calendar

Second Reading

     H. B. 4271, Reporting requirements for residential mortgage lenders and broker licensees; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading:
     Com. Sub. for H. B. 4356, Creating the misdemeanor offense for child neglect resulting in a substantial risk of bodily injury; on second reading, coming up in regular order, was read a second time, advanced to third reading with the amendments pending and the rule was suspended to permit the offering and consideration of such amendments on that reading.
     Amendments filed with the Clerk, to be considered on third reading, were as follows:
No. 1.By Delegates Marcum, Lawrence, Hall, Moore, H. White, L. Phillips, Nelson, Ferns, R. Phillips:
     On page three, section four, subsection (c), line twenty-four, after the word "child", by inserting a comma and the words "then the parent, guardian or custodian".
     On page three, section four, subsection (d), line thirty-two, after the word "child", by striking out the remainder of the subsection and inserting in lieu thereof a comma and the words "then the parent, guardian or custodian, is guilty of a misdemeanor and, upon conviction thereof, for a first offense,shall be fined not less than $500 nor more than $1,000 or confined in jail not less than thirty days nor more than six months or both fined and confined. All persons convicted of a first offense under this subsection shall also be required to complete a parenting plan and parenting education class. For a second offense, the parent, guardian or custodian is guilty of a misdemeanor and, upon conviction thereof, shall be fined no more than $1,000 and confined in jail not less than thirty days nor not more than one year. For a third or subsequent offense, the parent, guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,000 and imprisoned in a state correctional facility not less than one year nor more than three years."
No. 2.By Delegates Marshall, Lane and Poore:
     On page four, section four, line thirty-six, by inserting a new subsection to read as follows:
     "(e) Any person who abuses alcohol or uses drugs not administered for medical treatment and, as a result, gives birth to an infant diagnosed with fetal alcohol syndrome or with the presence of any amount of a controlled substance or a metabolite of a controlled substance in his or her blood, urine or meconium and such presence is not the result of medical treatment administered to the mother or the infant, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 and confined to jail for not more than one year; Provided, That, any person convicted pursuant to this subsection may elect to obtain treatment from a drug and alcohol rehabilitation program for a minimum of ninety days and upon completion of the program may petition the court for expungement."
     And,
     By relettering the remaining subsections.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     S. B. 469, Relating generally to other post-employment benefits,
     And,
     Com. Sub. for H. B. 4127, Declaring August 7 as a special memorial day to be known as Purple Heart Recognition Day.
     At 11:40 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 8, 2012.

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