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House Journal


Day 01 (01-11-2012)
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Day 06 (01-16-2012)
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Day 41 (02-20-2012)
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Day 45 (02-24-2012)
Day 48 (02-27-2012)
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Day 51 (03-01-2012)
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Day 58 (03-08-2012)
Day 61 (03-11-2012)
hdj2012-02-16-37



__________*__________




Thursday, February 16, 2012

THIRTY-SEVENTH 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 15, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

     Delegates Canterbury, Armstead, T. Campbell, Carmichael, Evans, Gearheart, Hamilton, C. Miller, Nelson, Sigler, Sumner and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 74 - "Requesting the Congressional Delegation from the State of West Virginia to ask the United State Department of State to make certain demands on the government of the United Arab Emirates."
     Whereas, The Government of Abu Dhabi, United Arab Emirates is in arrears on certain of its sovereign obligations; and
     Whereas, Some West Virginians are in possession of bonds issued by the Government of Abu Dhabi, bonds that are now in arrears and at risk of default; and
     Whereas, Repayment of these bonds by the Government of Abu Dhabi would result in significant tax revenues to the State of West Virginia and also return investors' capital for reinvestment in significant new projects in West Virginia; and
     Whereas, Members of the West Virginia Congressional Delegation have attempted to resolve this matter with the Embassy of the United Arab Emirates in Washington, D. C., but without result; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That West Virginia Congressional Delegation be requested to communicate further to the United State Department of State; and, be it
     Further Resolved, That, pursuant to the United States Constitution, Article 1, Section 8, Paragraph 3, which bestows on the United States Congress the duty to regulate commerce with foreign nations, the Congressional Delegation from the State of West Virginia should renew their resolve and ask their Congressional colleagues and every United States Legislator, on a bipartisan basis, to ask the United States Department of State to demand that the government of the United Arab Emirates honor and pay their sovereign financial obligations that are guaranteed by the Government of Abu Dhabi as evidenced by bonds signed by their own officials.
     Delegates Lawrence, Andes, Azinger, Boggs, D. Campbell, Cowles, Craig, Doyle, Ferns, Hall, Hamilton, Hartman, Householder, Howell, Marcum, Martin, J. Miller, Morgan, Pasdon, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, Poore, Reynolds, Romine, Rowan, Savilla, Shaver, Skaff, Smith, Stephens and Stowers offered the following resolution, which was read by the Clerk as follows:
     H. R. 25 - "Designating Thursday, February 16, 2012, as 'Generation West Virginia Day' at the Legislature."
     Whereas, Generation West Virginia is the statewide movement committed to cultivating and engaging young talent, those 21 to 45; and
     Whereas, The future of West Virginia relies heavily on the retention, recruitment, and advancement of young talent to ensure that our intellectual capital base is strong for the future success of our state's economy, communities and intellectual infrastructure; and
     Whereas, This collaborative and dynamic group of young talent within Generation West Virginia is creating an outstanding positive image within our state and on the national level by serving as a model for promoting young leaders and making our state a destination for young talent; and
     Whereas, Generation West Virginia is an innovative, results oriented, and dedicated organization that represents young talent from all walks of life, careers, communities who are committed to a positive and strong present and future for our great State; and
     Whereas, Those 21 to 45 years of age in West Virginia include more than 600,000 of our state's population and represent our State's future base of workers, dreamers, innovators, educators, entrepreneurs, leaders and most importantly our hope for a successful future; and
     Whereas, These young leaders are not just the future of our State, but the rising leaders of today who are making it possible for West Virginia to compete successfully with the world; and
     Whereas, By working to make our State attractive for young talent, steps are being taken to encourage a "brain gain" for West Virginia that will build a strong future for our State to become a global leader; ands
     Whereas, The House recognizes the importance of this growing movement and will listen and collaborate with its leadership and regional organizations to develop positive solutions and opportunities to create an abundance of prosperity in our State; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby designates Thursday, February 16, 2012, as "Generation West Virginia Day" and encourages all citizens to join the House of Delegates in this observance; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the representatives of Generation West Virginia.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 25) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     At the request of Delegate Boggs, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests.
Committee Reports

     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4070, Changing the basis for paying the county salary supplement equivalent pay rate for division of rehabilitation teachers,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4070 - "A Bill to amend and reenact §18-10A-2a of the Code of West Virginia, 1931, as amended, relating to changing the basis for the county salary supplement equivalent pay rate for division of rehabilitation teachers from the amount paid to teachers by the board of education of the county in which facility in which the teacher works is located to the amount paid to teachers by the board of education of the county in which the division of rehabilitation administrative headquarters are located",
     H. B. 4088, Repealing the West Virginia telecommunications tax,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4088 - "A Bill to repeal §11-13B-1, §11-13B-2, §11-13B-3, §11-13B-4, §11-13B-5, §11-13B-6, §11-13B-7, §11-13B-8, §11-13B-9, §11-13B-10, §11-13B-10a, §11-13B-11, §11-13B-12, §11-13B-13, §11-13B-14, §11-13B-15, §11-13B-16, §11-13B-17, §11-13B-18 and §11- 13B-19 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-10-5aa, all relating to repealing article creating the West Virginia Telecommunications Tax Act; and preserving provisions governing the confidentiality of and exemptions from disclosure of certain information received by tax commissioner during study of the business of telecommunications service and related businesses,"
     And,
     H. B. 4398, Declaring certain claims against the state and its agencies to be moral obligations of the state,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for 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,"
     With the recommendation that the committee substitutes each do pass.
     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:
     S. B. 30, Providing additional means to notify DMV of purchase of junked vehicle,
     And reports the same back with the recommendation that it do pass and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
     In the absence of objection, reference of the bill (S. B. 30) to the Committee on the Judiciary was abrogated.
     Chairman Butcher, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration:
     H. B. 4377, Creating "Nitro's Law" to honor fallen law-enforcement canines,
     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. 4377) 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. 4276, Ensuring that borrowers are provided accurate notice of their right to cure a default on any installment or other secured obligation,
     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. 4276) 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. 4401, Creating an exemption from licensure as an adjuster or certain individuals who conduct data entry into an automated claims adjudication system,
     And,
     H. B. 4468, Prohibiting insurance companies from discriminating against certain health care providers,     
     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. 4401 and H. B. 4468) were each referred to the Committee on the Judiciary.
     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. 4477, Providing that the inspecting of canopy tours is to be performed by special inspectors,
     And,
     H. B. 4430, Relating to employee work breaks,
     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. 4477 and H. B. 4430) were each referred to the Committee on the Judiciary.
     Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security, submitted the following report, which was received:
     Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
     H. B. 4037, Relating to the professional and occupational licensure and registration of former and current members of the Armed Forces of the United States,
     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. 4037) was referred to the Committee on the Judiciary.
     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 26, The "Worthington Veterans Bridge",
     H. C. R. 62, Requesting that the sacrifice and service of the crew members of the U.S.S. West Virginia be recognized and rewarded for their actions during the Battle of Suriago Strait,
     And,
     S. C. R. 15, Requesting DOH name portion of US Rt. 60 in Rainelle, Greenbrier County, "Major Jackie Willard Sanford Street",
     And reports the same back with the recommendation that they each be adopted.
     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. 4053, Relating to abduction, kidnaping and human trafficking,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4053 - "A Bill to amend and reenact §30-29-3 the Code of West Virginia, 1931, as amended; to amend and reenact §61-2-14a of said code; and to amend said code by adding a new section, designated §61-2-14h, all relating to kidnaping and human trafficking; authorizing the Governor's Committee on Crime, Delinquency and Correction to establish standards governing training to effectively investigate human trafficking offenses and procedures for implementation of a course in investigation of human trafficking offenses; amending the elements of the crime of kidnaping; creating new criminal offenses of human trafficking, involuntary servitude, sexual servitude of a minor, unlawful conduct with respect to documents and obstruction of the enforcement of human trafficking provisions; and specifying the penalties for the new human trafficking-related criminal offenses."
     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. 4053) to the Committee on Finance was abrogated.
     Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security, submitted the following report, which was received:
     Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
     H. B. 4493, Establishing special memorial days for certain military veterans,
     And reports back a committee substitute therefor, with a new title, as follows:        
     Com. Sub. for H. B. 4493 - "A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to establishing special memorial days for certain military veterans; declaring March 30 as a special memorial day to be known as Vietnam Veteran Recognition Day; declaring August 7 as a special memorial day to be known as Purple Heart Recognition Day; and declaring July 27 as a special memorial day to be known as Korean War Veteran Recognition Day,"
     With the recommendation that the committee substitute do pass.
     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. 4504, Relating to development and operation of a nursing home on the grounds of a nonprofit community health care organization,                         
     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. 4504) was referred to the Committee on the Judiciary.
     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. 4516, Allowing for greater cooperation canceling reports of abuse, neglect or exploitation of vulnerable adults among different entities,
     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. 4516) was 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. 2456, Prohibiting the modification of mufflers resulting in excessive noise levels,
     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. 2456) was 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. 4074, Giving bicycle, pedestrian and transit ways full consideration in the planning and development and redevelopment of state roads, railways and waterways,
     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. 4074) was referred to the Committee on Finance.
     Chairman Staggers, from the Committee on Roads and Transportation, submitted the following report, which was received:
     Your Committee on Roads and Transportation has had under consideration:
     H. B. 4092, Relating to signage for construction zones,
     And,
     H. B. 4093, Providing a clear zone in the event that a vehicle is stopped along a highway,
     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. 4092 and H. B. 4093) 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. 4449, Relating to the suspension or revocation of driver's licenses,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 4449) was referred to the Committee on Finance.
     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. 4332, Relating to transfer of service credit from Public Employees Retirement System to Emergency Medical Services Retirement System,
     And,
     S. B. 470, Requiring TRS disability medical examination by member's physician,
     And reports the same back with amendment, with the recommendation that they do pass, as amended, but that they first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bills (H. B. 4332 and S. B. 470) were each referred to the Committee on Finance.
     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. 4489, Strengthening authority of the West Virginia Municipal Pensions Oversight Board,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 4489) was referred to the Committee on Finance.
     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. 4436, Issuing citations for the misdemeanor offense of unauthorized use of dumpsters,
     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. 4436) was referred to the Committee on the Judiciary.
     On motions for leave, resolutions were introduced (Originating in the Committee on Constitutional Revision and reported with the recommendation that they each be adopted), which were read by their titles, as follows:
By Delegates Fleischauer, Guthrie, Brown, Hatfield, Marshall, Poore, Morgan, Perdue, Armstead, Lane and Overington:
     
H. J. R. 113 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment,"
     And,
By Delegates Fleischauer, Guthrie, Doyle, Ferro, Frazier, Moore, Ellem, Kump, Overington and Romine:
     
H. J. R. 114 - "Proposing an amendment to the Constitution of the State of West Virginia, by adding thereto a new section, Article X, section 1-d, relating to authorizing the legislature to grant or establish, by general law, exemptions or deferrals of certain ad valorem personal property taxes to members of the military or national guard while they are engaged in active military service outside the state."
     In the absence of objection, the Speaker referred the resolutions (H. J. R. 113 and H. J. R. 114)to the Committee on Finance.
Messages from the Executive

     Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on February 15, 2012, he approved S. B. 165.
Messages from the Senate

     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. 75 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-33-1, §19-33-2, §19-33-3, §19-33-4 and §19-33-5, all relating to creating the Equine Rescue Facilities Act; providing definitions; licensing of equine facilities; providing for inspections; authorizing legislative rules; 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. 164 - "A Bill to amend and reenact §25-1A-4 and §25-1A-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §25-1A-6a, all relating to sanctions imposed against prisoners for filing frivolous or malicious litigation and unmerited administrative complaints; and sanctions imposed against prisoners for filing certain frivolous litigation against licensed professionals providing services to the state and inmate population"; 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
     Com. Sub. for S. B. 245 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to credentialing verification organizations; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to a safety and treatment program; authorizing the Secretary of the Department of Health and Human Resources, the Insurance Commissioner and the Chair of the West Virginia Health Care Authority to promulgate a legislative rule relating to an all-payer claims database - data submission requirements; authorizing the Secretary of the Department of Health and Human Resources, the Insurance Commissioner and the Chair of the West Virginia Health Care Authority to promulgate a legislative rule relating to the all- payer claims database program's privacy and security; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems operators; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to wastewater systems and operations; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to vital statistics; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to manufactured home communities; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDS-related medical testing and confidentiality; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems design standards; authorizing the Division of Human Services to promulgate a legislative rule relating to family child care facility licensing requirements; authorizing the Division of Human Services to promulgate a legislative rule relating to family child care home registration requirements; authorizing the Division of Human Services to promulgate a legislative rule relating to a child care quality rating and improvement system; authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to fees for qualified interpreters; and authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to the establishment of required qualifications and ethical standards for interpreters and transliterators"; 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
     Com. Sub. for S. B. 287 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the State Tax Department to promulgate a legislative rule relating to the payment of taxes by electronic funds transfer; authorizing the State Tax Department to promulgate a legislative rule relating to the commercial patent incentives tax credit; authorizing the State Tax Department to promulgate a legislative rule relating to an exchange of information agreement between the State Tax Department and the Department of Commerce, the Department of Transportation and the Department of Environmental Protection; authorizing the Insurance Commissioner to promulgate a legislative rule relating to the licensing and conduct of insurance producers and agencies; authorizing the Insurance Commissioner to promulgate a legislative rule relating to surplus lines insurance; authorizing the Insurance Commissioner to promulgate a legislative rule relating to insurance holding company systems; authorizing the Insurance Commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers; authorizing the Insurance Commissioner to promulgate a legislative rule relating to mini COBRA; authorizing the Insurance Commissioner to promulgate a legislative rule relating to workers' compensation insurance for state agencies; authorizing the Division of Banking to promulgate a legislative rule relating to residential mortgage lenders, brokers and loan originators; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to licensed retailer operations; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the licensing of retail outlets; authorizing the Racing Commission to promulgate a legislative rule relating to simulcast pari-mutuel wagering at an authorized gaming facility in a historic hotel; authorizing the Athletic Commission to promulgate a legislative rule relating to mixed martial arts; and authorizing the Board of Directors of the West Virginia Health Insurance Plan to promulgate a legislative rule relating to a premium subsidy"; 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. 335
- "A Bill to amend and reenact §61-3-39e of the Code of West Virginia, 1931, as amended, relating to permitting payees or holders of electronic transfers that have been dishonored because of insufficient funds or credit may send notice to the drawer of the transfer and impose a fee up to $25"; which was referred to the Committee on Banking and Insurance then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 379 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-7-11a; and to amend said code by adding thereto a new article, designated §30-7E-1, §30-7E-2 and §30-7E-3, all relating generally to authorizing the West Virginia Board of Examiners for Registered Professional Nurses to designate programs in which persons regulated by the board may be monitored while they pursue treatment and recovery for alcohol abuse, chemical dependency or major mental illness; and enrolling on a voluntary basis without being subject to disciplinary action if the person complies with the goals and restrictions of the program"; which was referred to the Committee on Government Organization.
     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. 390
- "A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11B-2-20a; to amend and reenact §17-3-1 of said code; and to amend and reenact §31-15A-9 of said code, all relating to the Revenue Shortfall Reserve Fund, the Revenue Shortfall Reserve Fund - Part B and the creation of a West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying maximum aggregate funding amount for the Revenue Shortfall Reserve Fund; providing that interest and other earnings on Revenue Shortfall Reserve Fund - Part B shall be dedicated to and expended for and in support of the federal-state Medicaid program authorized by the Legislature or mandated by the federal government; providing that in, commencing and executing the provisions of this subdivision, the West Virginia Investment Management Board is not and shall not be obligated to sell any investments at a loss or otherwise take any action not in furtherance of its fiduciary duties and obligations in respect of funds and investments under its management and supervision; creating the West Virginia Infrastructure Modernization and Development Special Revenue Fund in the State Treasury; specifying the funding source for the West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying use of funds in the West Virginia Infrastructure Modernization and Development Special Revenue Fund; providing ability of State Road Fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund; and providing ability of West Virginia Infrastructure Fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund"; which was referred to the Committee on 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. 408 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to crimes against property involving graffiti; defining offense and terms; and establishing penalties"; which was referred to the Committee on 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
     S. B. 461
- "A Bill to amend and reenact §3-1-50 of the Code of West Virginia, 1931, as amended, relating to correcting language relating to election complaint procedures to conform the language to pertinent federal code"; 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. 500 - "A Bill to amend and reenact §5A-7-4a of the Code of West Virginia, 1931, as amended, relating to monthly statements of spending units; and allowing certain monthly statements to accumulate and be mailed in one statement"; which was referred to the Committee on Finance.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Iaquinta, Swartzmiller, Longstreth, Pethtel, Fleischauer, Smith, Staggers, Pasdon, Nelson and Paxton:
     
H. B. 4551 - "A Bill to amend and reenact §15-1H-2 and §15-1H-4 of the Code of West Virginia, 1931, as amended, all relating to public safety; and authorizing the Adjutant General to establish an entity to operate morale, welfare and recreation facilities within the state and to use funds for that purpose"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates J. Miller:
     
H. B. 4552 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-1B-3a, relating to employer verification of the legal status of workers using an electronic verification program, the 'E-Verify program', for all state agencies"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates J. Miller:
     
H. B. 4553 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §11-21-12j and §11-21-12k, all relating to personal income tax liability; modification reducing adjusted gross income for payor of child support by fifty percent of support payment; and modification increasing the adjusted gross income for payee of child support by fifty percent of support payment"; to the Committee on the Judiciary then Finance.
By Delegates Shaver, Perry, Williams and Pethtel:
     
H. B. 4554 - "A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended, relating to county boards of education; and accepting additional students for enrollment in early childhood education programs subject to space available by certain counties"; to the Committee on Education then Finance.
By Delegates Duke, Sumner, Kump, Canterbury, C. Miller, Longstreth, Sobonya, Romine and Overington:
     
H. B. 4555 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the first $20,000 of state pensions and social security benefits from West Virginia personal income tax, to be phased in over five years"; to the Committee on Pensions and Retirement then Finance.
By Delegates Duke, Cowles, Kump, Householder, Overington and J. Miller:
     
H. B. 4556 - "A Bill to amend and reenact §17B-2-13 of the Code of West Virginia, 1931, as amended, relating to married name changes and address changes when applying for or receiving a driver's license; identifying certain types of documentation; and granting rule-making authority"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Duke, Sumner, Kump, Canterbury, C. Miller, Longstreth, Sobonya, Romine, Overington and Householder:
     
H. B. 4557 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to reducing state income tax liability for certain retired public employees, certified by proper authority as permanently and totally disabled, and surviving spouses; increasing the amount of retirement income received from certain state and federal retirement systems that is excluded from the calculation of income subject to state personal income taxes; and establishing an effective date for the increased exclusion"; to the Committee on Finance.
By Delegates Duke, Cowles, Kump, Householder and Overington:
     
H. B. 4558 - "A Bill to amend and reenact §17B-3-3a of the Code of West Virginia, 1931, as amended, relating to suspension of a driver's license for failure to pay a fine or penalty imposed by a magistrate or municipal court for a motor vehicle violation; and providing for expungement of the suspension from a person's driving record within sixty days after payment of any applicable fine, penalty or license reinstatement fee"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Morgan, Craig, T. Campbell and C. Miller:
     
H. B. 4559 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-30, relating to authority of Lottery Commission; permitting limited charity fundraising events; defining terms and providing rule-making authority"; to the Committee on Government Organization then the Judiciary.
By Delegates Craig, Reynolds and Morgan:
     
H. B. 4560 - "A Bill to amend and reenact §33-6D-1 of the Code of West Virginia, 1931, as amended, relating to use of particular companies or locations providing automobile glass replacement or repair services; adding third-party administrator to those who may not require particular companies or locations when a claim is made under an insurance policy; and adding that those who may not require use of particular companies or locations may also not recommend particular companies or locations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Manypenny:
     
H. B. 4561 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-20, relating to employing best available control technology, as defined in the West Virginia Code of State Rules, to control air pollution from all stationary equipment associated with the natural gas industry; and rulemaking"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Householder, J. Miller and Gearheart:
     
H. B. 4562 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-14-1, §4-14-2, §4-14-3, §4-14-4 and §4-14-5, all relating to creating the Tea Party Act; making legislative findings; requiring spending cuts in state government and tax relief to taxpayers; requiring the spending cuts and half of any budget surplus to be deposited in a new account; requiring moneys in the account to be used to reduce taxes for all West Virginians; and establishing an effective date"; to the Committee on Government Organization then Finance.
By Delegates Householder, Overington, J. Miller, Gearheart, Michael, Cowles and Kump:
     
H. B. 4563 - "A Bill to amend and reenact §21-5A-5 of the Code of West Virginia, 1931, as amended, relating to the calculation of prevailing wages by changing the process and considerations and, also, altering the procedure used for hearing objections"; to the Committee on the Judiciary then Finance.
By Delegates Shaver, Skaff, Michael, Williams, Mahan, Smith, Walker, Stowers, Perry and Butcher:
     
H. B. 4564 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-6b, relating to the creation of county endowment funds comprised of a reallocation of five percent of gas severance tax revenues dedicated to gas-producing counties phased in over a five-year period after accounting for revenues dedicated to other funds; establishing state and local gas county reallocated endowment funds and providing for distribution of the moneys to the county commissions by the State Treasurer; establishing amounts each gas- producing county to receive, requiring the creation of local endowment funds into which moneys to be deposited; requiring moneys be expended solely for economic development projects and infrastructure projects; providing definitions; providing restrictions on the expenditure of moneys; providing duties of State Tax Commissioner; requiring report of expenditures to Joint Committee on Government and Finance; and authorizing legislative and emergency rules"; to the Committee on the Judiciary then Finance.
By Delegates Caputo, Duke, Williams, Guthrie, Mahan, Lawrence, Boggs and T. Campbell:
     
H. B. 4565 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to compensation of State Police for off-duty time when they are required to be on standby to be called back to work; and providing a stipend for housing cost for officers who reside in and are assigned to the top five counties according to median monthly housing cost"; to the Committee on Finance.
By Delegates Andes and Carmichael:
     
H. B. 4566 - "A Bill to repeal §30-27-1, §30-27-2, §30-27-3, §30-27-4, §30-27-5, §30-27-6, §30-27-7, §30-27-8, §30-27-8a, §30-27-9, §30-27-10, §30-27-11, §30-27-11a, §30-27-12, §30-27- 13, §30-27-14, §30-27-15, §30-27-16, §30-27-17, §30-27-18, §30-27-19, §30-27-20, §30-27-21, §30-27-22, §30-27-23 and §30-27-24 of the Code of West Virginia, 1931, as amended, relating to the Board of Barbers and Cosmetologists"; to the Committee on Government Organization.
By Delegates Iaquinta and Miley:
     
H. B. 4567 - "A Bill to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to permitting the Harrison county commission to levy a special district tax"; to the Committee on Political Subdivisions then Finance.
By Delegates Manypenny, Fleischauer and Doyle:
     
H. B. 4568 - "A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to providing rehabilitation treatment programs to inmates imprisoned in any jail in the state"; to the Committee on the Judiciary then Finance.
By Delegate Doyle:
     
H. B. 4569 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-2A-1, §48-2A-2, §48-2A-3, §48-2A-4, §48-2A-5, §48-2A-6, §48-2A-7, §48-2A-8, §48-2A-9, §48-2A-10, §48-2A-11, §48-2A-12, §48-2A-13 and §48-2A-14, all relating to civil unions generally; stating a legislative intent in creating a state recognized status for civil unions; providing a general purpose and rules of construction in relation to this article; definitions; preserving related religious freedom and rights; providing procedures for establishing a civil union; establishing minimum requirements for applicants; prohibiting civil unions between certain relationships; prohibiting persons from entering into a civil union while they are still partners or spouse to another by marriage, civil union or other substantially similar legal relationship, until that prior marriage or union is dissolved; requiring both parties to a civil union to be over the age of eighteen at the time of application; requiring at least one of the applicants to be a resident of the state at the time of application to enter into a civil union in this state; providing for the duties, requirements and obligations of county clerks regarding the receipt, processing and subsequent issuance of a license to enter into a civil union; providing a time limitation on the license; requiring solemnization or certification of civil union before it; relating to the qualifications of persons authorized to certify or solemnize a civil union in this state; requiring the return of a completed certificate to the county clerk by the officiant before a civil union is legally recognized; providing for the recordation of certificated civil unions by county clerks; establishing the obligations, responsibilities, protections and benefits afforded to parties to a civil unions; setting forth protections, obligations and responsibilities on the parties to a civil union equal to the protections afforded to spouses under the laws of West Virginia; providing procedures and standards by which civil unions may be dissolved or voided; recognition of civil unions and same sex marriages legally entered into other jurisdictions as civil unions in West Virginia; providing for pleadings for civil actions after civil union has been certificated; establishing jurisdiction and venue for hearing and addressing certain disputes; incorporating family court standards and procedures for civil union disputes"; to the Committee on the Judiciary then Finance.
By Delegates Hatfield, Staggers, Williams, Hartman, Shaver, Sumner, Evans, Barill, Cowles and Perry:
     
H. B. 4570 - "A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to requirements for employment of nurses in public schools; changing the student-school nurse staffing ratio; expanding its coverage to all grades; and eliminating a county's ability to obtain contract services for nursing"; to the Committee on Education then Finance.
By Delegates Manypenny, Mahan, Guthrie, Brown and Doyle:
     
H. B. 4571 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-15B-1, §22-15B-2, §22-15B-3, §22-15B-4, §22-15B-5, §22- 15B-6, §22-15B-7, §22-15B-8, §22-15B-9, §22-15B-10, §22-15B-11, §22-15B-12, §22-15B-13, §22-15B-14, §22-15B-15, §22-15B-16, §22-15B-17 and §22-15B-18, all relating to the imposition of advanced recovery fees on consumers for the purchase of electronic devices; definitions; administration by the Department of Environmental Protection; the creation of an E-Cycle Fund account; fee schedules for authorized collectors and recyclers and disbursements to authorized collectors, recyclers and manufacturers; manufacturer responsibilities; establishment of electronic device drop off centers in each county; civil penalties and sanctions; requirements when exporting covered electronic devices; and rule-making authority"; to the Committee on the Judiciary then Finance.
Special Calendar

Third Reading

     S. B. 209, Updating terms in Personal Income Tax Act; 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. 59), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Gearheart and Manchin.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 209) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 60), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Howell.
     Absent and Not Voting: Gearheart and Manchin.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 209) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 210, Updating terms in Corporation Net Income Tax Act; 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. 61), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Gearheart and Manchin.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 210) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken(Roll No. 62), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Howell.
     Absent and Not Voting: Gearheart and Manchin.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 210) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     H. B. 4087, Continuing the discontinuance of the severance and business privilege tax on the privilege of severing timber; 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. 63), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Gearheart and Manchin.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4087) 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. 4422, Relating to crane operator certification; on third reading, coming up in regular order, was reported by the Clerk.
     Delegate Morgan asked and obtained unanimous consent to amend the bill on third reading.
     On motion of Delegates Morgan and Caputo the bill was amended on page two, after the enacting section, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 3D. CRANE OPERATOR CERTIFICATION ACT.
§21-3D-1. Definitions.
     For purposes of this article:
     (a) 'Commissioner' means the Commissioner of the Division of Labor, or his or her authorized representative.
     (b) 'Crane' means a power-operated hoisting machine used in construction, demolition or excavation work, which has a power-operated winch and load line and a power-operated boom that moves laterally by the rotation of the machine on a carrier, and which has a manufacturer's rated lifting capacity of five tons or more than two thousand pounds. 'Crane' does not mean a forklift, digger derrick truck, bucket truck or any vehicle, aircraft or helicopter, or equipment which does not have a power-operated winch and load line.
     (c) 'Emergency basis' means an occurrence of an event, circumstance or situation that presents an imminent threat to persons or property and constitutes a serious health or safety hazard.
     (d) 'Employer' means any person, firm, corporation or other entity who hires or permits any individual to work.
     (e) 'Employee' means any individual employed by an employer and also as defined by the commissioner.
     (f) 'Tower crane' means a crane in which a boom, swinging jib, or other structural member is mounted on a vertical mast or tower.
     (g) 'Training or training course' means a course approved by the commissioner which includes some form of testing throughout, or a final written examination or practical test, or both, which ensures, or tends to ensure that learning has occurred and that the objectives of the training have been realized. The commissioner will evaluate whether the approved training adequately demonstrates competency to safely operate cranes.
§21-3D-2. Certification required; exemptions.
     (a) A person may not operate a crane or tower crane without certification issued under this article except for those persons exempted under subsection (b) of this section.
     (b) A person is not required to obtain certification under this article if the person:
     (1) Is a member of the Department of Defense or Armed Forces of the United States or an employee of the United States, when such member or employee is engaged in the work of a crane operator exclusively for such governmental unit; or
     (2) Is primarily an operator of farm machinery who is performing the work of a crane operator as part of an agricultural operation; or
     (3) Is operating a crane on an emergency basis; or
     (4) Is operating a crane for personal use and not for profit on the site of real property which the person owns or leases; or
     (5) Is an Operator-in-Training under the direct supervision of a certified crane operator and:
     (A) Who is enrolled in an industry recognized in-house training course based on the American National Standards Institute Standards for Crane Operators and who is employed by the entity that either taught the training course or contracted to have the training course taught, all of which is approved by the commissioner; or
     (B) Who is enrolled in an apprenticeship program or training program for crane operators approved by the United States Department of Labor, Bureau of Apprenticeship and Training;
     (6) Is an employee of and operating a crane at the direction of any manufacturing plant or other industrial establishment, including any mill, factory, tannery, paper or pulp mill, mine, colliery, breaker or mineral processing operation, quarry, refinery or well or is an employee of and operating a crane at the direction of the person, firm or corporation who owns or is operating such plant or establishment;
     (7) Is an employee of a public utility operating a crane to perform work in connection with facilities used to provide a public service under the jurisdiction of the Public Service Commission, Federal Energy Regulatory Commission or Federal Communications Commission; or
     (8) Is operating timbering harvesting machinery associated with the production of timber and the manufacturing of wood products.
§21-3D-3. Powers and duties of commissioner.
     
(a) The commissioner shall:
     (a) (1) Propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, which rules at the minimum must include provisions for:
     (1) (A) A Class A certification of program for individuals who operate cranes or tower cranes in the State of West Virginia, which certification process must include must require both a written examination and a practical demonstration, and which must utilize standards no less restrictive than those prescribed be accredited by the American society of mechanical engineers/American National Standards Institute Safety Code and Institute's Personnel Certification Accreditation standards; as of the effective date of this article: Provided, That the rule governing the practical examination must be a separate rule and provide for the implementation of the practical examination on or before July 1, 2001: Provided, however, That the successful completion of a training course approved by the commissioner may be substituted for the written examination and for the practical demonstration as set forth in section four of this article. Program;
     (B) A Class B certification program for individuals who operate cranes or tower cranes in the State of West Virginia, which must require the successful completion of a training course;
_____
(2) (C) Certification categories including lattice boom truck cranes; lattice boom crawler cranes; fixed cab-telescoping boom cranes; swing cab-telescoping boom cranes; and tower cranes: Provided, That the holders of a certification for the large telescoping boom crane, upon application for recertification, will be provided with a one time election to either be certified as an operator of a fixed-cab or swing-cab telescoping boom crane, and that holders of a certification for the small telescoping boom crane, upon application for recertification, will be automatically certified as a fixed cab operator;
     (3) (D) Class A certification renewal requirements of individuals who operate cranes in the State of West Virginia, that may not be more restrictive than those prescribed for the individual's initial certification, but must include a written examination and a current physician's certificate at least every five years; Provided, That and
_____(E) Class B certification renewal requirements of individuals who operate cranes in the State of West Virginia, that must include
the successful completion of a training course approved by the commissioner; may be substituted for the written examination.
     
(b) (2) Prescribe application forms for original and renewal certification;
     (c) (3) Set application fees in amounts that are reasonable and necessary to defray the costs of the administration of this article in an amount not to exceed $75 per year;
     (d) (4) Set examination and training course fees in an amount not to exceed the actual cost of the examination and the training course;
     (e) (5) Administer or cause to be administered the written examination, practical demonstrations and the training course as required for certification;
     (f) (6) Determine the standards for acceptable performance on the written examination, practical demonstration and the required training course: Provided, That the minimum standards must be consistent with national standards, current operating procedures and technology and be transferable to other states where possible; Provided, however, That the commissioner shall develop standards and criteria to establish a dual classification system of certification and implement this dual system of certification no later than January 1, 2001;
     (g) (7) Provide the option for applicants and crane operators to take examinations that meet or exceed requirements for national crane operator certification; and
_____
(h) (8) Take other action as necessary to enforce this article.
     (b) The commissioner, or his or her designee, upon receipt of information that a person has engaged in or is engaging in an act that constitutes a violation of this article, may issue a notice to the person to cease and desist and may apply to the circuit court for an order enjoining the act. Upon a showing that the person has engaged in or is engaging in an act that constitutes a violation of this article, the court may order an injunction, restraining order or other order as the court considers appropriate.
§21-3D-4. Minimum certification requirements.
     (a) The commissioner shall certify an applicant who:
     (1) Is at least eighteen years of age;
     (2) Meets the application requirements as prescribed by rule;
     (3) Passes the written examination;: Provided, That any person who documents at least two thousand hours of on-the-job experience operating a crane during the four years immediately preceding filing for application, or successfully completes a training course approved by the commissioner, and applies for certification no later than September 1, 2001, and meets all other requirements and pays all applicable fees, is entitled to certification without a written examination;
     (4) Passes the practical demonstration: Provided, That the practical demonstration approved by the commissioner may be administered on-site by a qualified company representative; Provided, however, That any person who documents at least two thousand hours of on-the-job experience operating a crane during the preceding four years next prior to filing for application or the successful completion of a training course approved by the commissioner is entitled to certification without a practical demonstration under this article if the person applies for certification no later than September 1, 2001, meets all other requirements and pays applicable application and examination fees;
     (5) Presents the original, or a photographic copy, of a physician's certificate that he or she is physically qualified to drive a commercial motor vehicle as required by 49 C.F.R. §391.41, as of the effective date of this article or an equivalent physician's certificate as approved by the commissioner; and
     (6) Pays the appropriate fees.
     (b) Certification issued under this article is valid throughout the state and is not assignable or transferable, and is valid for one year from the date on which it was issued.
     (c) Notwithstanding any other provision of this section, the Division of Labor may issue a temporary certification, to expire on January 1, 2001, to an applicant who: (1) Documents at least two thousand hours of on-the-job experience during the preceding four years; (2) submits scores for the written examination; and (3) provides proof of attendance at an approved crane safety training course, in an application for certification filed not later than July 1, 2000.
     
(d) (c) Notwithstanding any other provision of this article to the contrary, the commissioner shall establish a dual classification system of certification no later than January 1, 2001. as follows:
_____(1)
One classification Class A certification, which will provide eligibility for national certification, and for which the applicant must achieve a passing score of seventy on the national commission for the certification of crane operators written examination;
     (2) To be classified for West Virginia certification Class B certification, for which the commissioner may accept a lesser score on the national commission for the certification of crane operators written examination: Provided, That this score may not be less than sixty for state Class B certification. Provided, however, That the successful completion of a training course approved by the commissioner may be substituted for the written examination and for the practical demonstration if the applicant applies for certification no later than September 1, 2001. The commissioner shall propose a legislative rule as to the dual classification system no later than July 1, 2000.
     
(d) On and after November 10, 2014:
_____(1) All individuals who operate cranes in the State of West Virginia which are governed by the provisions of the Occupational Safety and Health Administration of the United States Department of Labor, 29 C.F.R §1926.1400, Subpart CC, are required to hold a Class A certification; and
_____(2) All individuals who operate cranes in the State of West Virginia which are not governed by any provision of the Occupational Safety and Health Administration of the United States Department of Labor are required to hold a Class B certification.
§21-3D-9. Reciprocity.
     
To the extent that other states provide for the certification of crane operators for similar action, the The commissioner, in his or her discretion, may grant certification of the same or equivalent classification to persons certified by other states, without examination or without the required training upon satisfactory proof furnished to the commissioner that the qualifications for the applicants are equal to the qualifications of the holders of similar certification in this state: and upon payment of the required application fee Provided, That the other states extend similar reciprocity privileges to persons certified by this state."
     Having been engrossed, the bill was then read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 64), and there were--yeas 86, nays 13, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Duke, Ellington, Gearheart, Howell, Lane, Nelson, Overington, Pasdon, Savilla, Sigler and Sobonya.
     Absent and Not Voting: Manchin.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4422) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     Com. Sub. for S. B. 343, Providing volunteer and part-volunteer fire departments' grace period to meet eligibility for certain funds allocation; on second reading, coming up in regular order, was read a second time.
    On motion of Delegate White, the bill was amended on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu the following:
"ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-8a. Eligibility for allocation from municipal pensions and protection fund and the Fire Protection Fund.
  
(a) In order to be eligible to receive revenues allocated from the municipal pensions and protection fund or the Fire Protection Fund, each volunteer or part volunteer fire company or department must meet the following requirements: listed in subdivisions (a) through (c) of this section.
  
Each volunteer or part volunteer fire company or department must:
  
(a) (1) Submit and maintain current submission of fire loss data to the State Fire Marshal, including verification, by notarized statement, if no fire loss has occurred;
  (b) (2) Complete or be in the process of receiving firefighters training, including section one of the West Virginia University fire service extension or its equivalent. Such The fire company or department must have at least ten members certified as having completed such the training or if a volunteer fire company or department has twenty or fewer members, fifty percent of the active volunteer members must have completed such training; and
  (c) (3) Comply with all applicable federal and state laws.
  (b) Each volunteer or part volunteer fire company or department shall have a grace period of ninety days, beyond the allocation date in which to comply with submission requirements to the State Fire Marshal. The State Fire Marshal shall notify each volunteer or part volunteer fire company or department of the due date for submitting the information required by this section and the grace period by certified mailing requiring signature and a return receipt.
__
(c) When the records of a volunteer or part volunteer fire company or department are destroyed by a fire or other natural disaster, then the affected volunteer or part volunteer fire company or department is exempt from the provisions of subdivision (1), subsection (a) of this section, for the three months period immediately following the destruction of the records."
  The bill was then ordered to third reading.
  H. B. 4007, Relating to unemployment benefits for certain spouses of military personnel; 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. 4015, Creating the Herbert Henderson Office of Minority Affairs; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
  H. B. 4018, Granting licensed real estate appraisers access to commercial or residential review documents; on second reading, coming up in regular order, was read a second time.
  An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, section twelve, line twenty-four, after the word "than", by striking out "$3" and inserting in lieu thereof "$10".
  The bill was then ordered to engrossment and third reading.
  Com. Sub. for H. B. 4114, Providing a grace period for volunteer fire companies or departments to comply with submission of data in order to meet eligibility requirements to receive allocations from municipal pensions and protection fund; on second reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.
  H. B. 4299, Authorizing a county board of education to use the services of a bus operator from another county in certain circumstances; 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. 4330, Providing that drivers licenses may contain information designating the licensee as a person who is an honorably discharged veteran; 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. 4338, Raising the maximum value amount of an abandoned motor vehicle; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
  H. B. 4403, Changing the filing deadline for certified write-in candidates; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
  H. B. 4415, Authorize a Prince Railroad Station Authority to acquire and maintain the railroad station building; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
  H. B. 4481, Relating to the Comprehensive Behavioral Health Commission; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

  The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
  Com. Sub. for H. B. 3174, Relating to liquor sampling events,
  H. B. 4119, Providing a definition for an athletic director who is employed by a county board of education,
  Com. Sub. for H. B. 4142, Authorizing the Department of Administration to promulgate legislative rules,
  Com. Sub. for H. B. 4245, Permitting certain auxiliary lighting on motorcycles,
  And,
  Com. Sub. for H. B. 4433
, Modifying the criteria for awarding high school diplomas to certain veterans.
Leaves of Absence

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

  Delegate Mahan asked and obtained unanimous consent that the remarks of Delegate L. Phillips regarding infants born with drug and alcohol addictions be printed in the Appendix to the Journal.
  At 11:58 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 17, 2012.

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