Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

House Journal


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


__________*__________




Monday, February 20, 2012

FORTY-FIRST 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 Friday, February 17, 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 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 for presentations by the House.
    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

    Delegate Perdue and Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by its title and referred to the Committee on Rules:
    H. C. R. 78 - "Requesting that bridge number 50-152-33.01 on County Route 152 near Wayne in Wayne County, West Virginia, be named the 'Staff Sergeant Sidney H. Blankenship Memorial Bridge'."
    Whereas, Sidney H. Blankenship was born on June 4, 1939, in East Lynn and passed away on December 22, 2010; and
    Whereas, Sidney H. Blankenship enlisted in the United States Marine Corps and attained the rank of staff sergeant before receiving an honorable disability discharge; and
    Whereas, Sidney H. Blankenship was awarded the Silver Star, the Bronze Star, three Purple Hearts, the National Defense Service Medal, the Vietnam Service Medal with one Star and the Vietnam Campaign Medal; and
    Whereas, Sidney H. Blankenship was awarded the Silver Star for his bravery with the 2nd Infantry Division on February 26, 1968, in Vietnam, where despite receiving two gunshot wounds and a hand grenade blast that wounded his hip and leg, he organized and encouraged an effective defense to a four hour attack and successfully called in a medical evacuation for himself and his wounded comrades; and
    Whereas, Sidney H. Blankenship was a member of the VFW Post 1064, the American Legion Post 177 and a Life Member of the Disabled American Veterans; and
    Whereas, Sidney H. Blankenship served his country and his state with outstanding honor and memorable distinction; therefore, be it
Resolved by the Legislature of West Virginia:
    That the Division of Highways is hereby requested to name bridge number 50-152-33.01 on County Route 152 near Wayne in Wayne County, West Virginia, be named the "Staff Sergeant Sidney H. Blankenship Memorial Bridge"; and, be it
    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "Staff Sergeant Sidney H. Blankenship Memorial Bridge"; and, be it
    Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, the Ceredo-Kenova American Legion, Post 93, his loving wife of forty-nine years, Rebbie Craft Blankenship; his daughter, Marsha Ann Poff and her husband, Glen Poff; his four sisters, Lillian Lowe, Irene Artrip and her husband, Paul Artrip, Gladys Sue Dierdorff and her husband, Don Dierdorff, Sylvia Luther and her husband, Jim Luther; his three brothers, Hiram Blankenship, Jr. and his wife, Mary Blankenship, Ellis Blankenship and Willis Blankenship; a special granddaughter who was his pride and joy, Cassandra "Cassie" Poff; and a very special friend and caregiver, Cindy Petticrew.
    On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
    By Delegates Lane and Mahan:
    H. J. R. 115
- "Proposing an amendment to the Constitution of the State of West Virginia, amending section four, article I thereof and section ten, article VI thereof, relating to representatives to Congress, the arrangement of Congressional, Senatorial and Delegate Districts after census by creating a Citizens' Redistricting Commission; designating the terms of office and duties of commissioners; providing that citizens' redistricting commission must submit redistricting plans to each house; providing that each house may reject its plan by a two thirds vote of the members elected; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of such proposed amendments"; to the Committee on Constitutional Revision then the Judiciary.
    Delegates Iaquinta, Longstreth, Swartzmiller, Smith, Azinger, Barill, Brown, Butcher, Craig, Diserio, Evans, Ferns, Ferro, Frazier, Guthrie, Hall, Hamilton, Hartman, Jones, Mahan, Manypenny, Moye, Paxton, Perry, L. Phillips, D. Poling, Reynolds, Shaver, Skaff, Staggers, Stephens, Talbott, Walters, Wells and Williams offered the following resolution, which was read by the Clerk as follows:
    H. R. 26 - "Designating Monday, February 20, 2012, as 'Veterans Visibility Day'."
    Whereas, From the Revolutionary War, which gave America its identity as a free and democratic nation, to this moment, America's men and women have always risen to the call of duty in order to defend and preserve our freedom and help maintain freedom throughout the world; and
    Whereas, Per capita, more citizens from West Virginia have served in our nation's armed forces than from any other state. We are proud of our citizens who, despite danger, have done what they must for peace and freedom; and
    Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives and thousands more have been wounded in battle; and
    Whereas, The House of Delegates is proud to honor those future veterans currently serving in harm's way in Iraq, Afghanistan and in other countries all over the world to protect democracy from the threat of terror; and
    Whereas, It is always important that we honor the many brave West Virginians who have faced the enemy, been wounded and even given their lives not only for our freedom, but for freedom around the world; therefore, be it
    Resolved by the House of Delegates:
    
That the House of Delegates hereby designates Monday, February 20, 2012, as "Veterans Visibility Day"; and, be it
    Further Resolved, That the Clerk of the House forward a copy of this resolution to the Division of Veterans' Affairs.
    At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 26) to a committee was dispensed with, and it was taken up for immediate consideration.
    The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas and nays, which demand was sustained.
    The yeas and nays having been ordered, they were taken (Roll No. 77), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
    Absent and Not Voting: Crosier, Fragale, Manypenny, Michael and Pasdon.
   So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 26) adopted.
Committee Reports

    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. 51, The "Robert Earchil Adams Memorial Bridge",
    H. C. R. 63, The "Dewayne Phillip Morgan Memorial Bridge",
    H. C. R. 73, Honoring the members of the 78th Infantry Division and Proclaiming April 4, 2012 as 78th Lighting Division Day,
    S. C. R. 17, Requesting DOH name bridge in Boone County "Fred York Memorial Bridge",
    And,
    S. C. R. 23, Requesting DOH name bridge in Boone County "Sgt. Ollie McComas, Jr., Memorial Bridge",
    And reports the same back with the recommendation that they each be adopted.
    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. 30, Requesting a sign honoring Anna Wallace be placed at the intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point.
    And reports back a committee substitute therefor, with a new title, as follows:
    Com. Sub. for H. C. R. 30 - "Requesting that a sign honoring Anna Wallace be placed at the intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point, in Pocahontas County, West Virginia, that reads 'Mill Point Unincorporated - Home of Anna Wallace',"
    With the recommendation that the committee substitute 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. 4459, Creating a juvenile sex offender registration,
    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. 4459) was referred to the Committee on Finance.
    Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
    Your Committee on the Judiciary has had under consideration:
    H. B. 2657, West Virginia Religious Freedom Restoration Act,
    And reports back a committee substitute therefor, with the same title, as follows:
    Com. Sub. for H. B. 2657 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11B-1, §5-11B-2 and §5-11B-3, all relating to establishing the West Virginia Religious Freedom Restoration Act; short title; definitions; applicability; construction; and remedies,"
    With the recommendation that the committee substitute do pass.
    Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
    Your Committee on the Judiciary has had under consideration:
    H. B. 4327, Requiring pulse oximetry testing for newborns,
    And reports back a committee substitute therefor, with a new title, as follows:
    Com. Sub. for H. B. 4327 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1 and §16-44-2, all relating to requiring pulse oximetry testing for newborns; authorizing the Commissioner of the Bureau of Public Health to require testing; providing timing requirements for testing; and requiring the Commissioner to adopt procedural and legislative rules,"
    And,
    H. B. 4451, Ensuring that county executive committees have control of designating the persons who serve as ballot commissioner,
    And reports back a committee substitute therefor, with a new title, as follows:
    Com. Sub. for 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; and authorizing county executive committees of the two largest political parties to make appointments,"
    With the recommendation that the committee substitutes each do pass.
    Chairman White, from the Committee on Finance, submitted the following report, which was received:
    Your Committee on Finance has had under consideration:
    H. B. 4020, Recognizing outstanding students who are top scorers on certain statewide tests,
   And reports back a committee substitute therefor, with the same title, as follows:
    Com. Sub. for H. B. 4020 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-8g, relating to recognizing outstanding students who are top scorers on certain statewide tests and providing rule-making authority to the state board,"
    H. B. 4049, Requiring the Department of Environmental Protection to maintain an Office of Internal Auditing,
    And reports back a committee substitute therefor, with the same title, as follows:
    Com. Sub. for H. B. 4049 - "A Bill to amend and reenact §22-1-7 of the Code of West Virginia, 1931, as amended, relating to requiring the Department of Environmental Protection to maintain an Office of Internal Auditing."
    And,
    H. B. 4260, Relating to insurance coverage for autism spectrum disorders,
    And reports back a committee substitute therefor, with the same title, as follows:
    Com. Sub. for H. B. 4260 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16B-6e of said code; to amend and reenact §33-16-3v of said code; to amend and reenact §33-24-7k of said code; and to amend and reenact §33-25A-8j of said code, all relating to insurance coverage for autism spectrum disorders; specifying application of benefit caps; clarifying time frames; adding evaluation of autism spectrum disorder to included coverage; clarifying diagnosis, evaluation and treatment requirements; clarifying reporting requirements; and making technical corrections,"     With the recommendation that the committee substitutes each do pass.
    
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
    Com. Sub. for S. B. 373 - "
A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to training at the West Virginia State Police Training Academy; requiring entry-level training to be provided without a fee; authorizing advanced training to be provided for a fee; creating a special revenue account to be known as the Academy Training and Professional Development Fund; and authorizing expenditures from the fund for specific training-related expenses"; 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. 410
- "A Bill to amend and reenact §11-21-77 of the Code of West Virginia, 1931, as amended, relating to personal income tax; and requiring backup withholding on certain gambling winnings"; 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. 428
- "A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to registration plates for state, county, municipal and other governmental vehicles; authorizing the Commissioner of the Division of Motor Vehicles to issue no more than five Class A registration plates to the division for vehicles to be used by investigators for commercial driver examination fraud investigation and driver's license issuance fraud detection and fraud prevention; authorizing the commissioner to issue Class A registration plates to Medicaid Fraud Control Unit and the West Virginia Insurance Fraud Unit; deleting an outdated requirement; and providing penalties"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of        
    Com. Sub. for S. B. 471 - "A Bill to amend and reenact §27-5-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the West Virginia Supreme Court of Appeals to establish a reasonable rate of compensation for mental hygiene services; and establishing a payment procedure for the compensation"; 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, to take effect July 1, 2012, and requested the concurrence of the House of Delegates in the passage, of
    Com. Sub. for S. B. 477 - "A Bill to amend and reenact §20-2-51 and §20-2-52 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §20-9-1, §20-9-2, §20-9-3, §20-9-4, §20-9-5, §20-9-6, §20-9-7 and §20-9-8, all relating to limiting the possession of wild and exotic animals; revising pet and roadside menagerie permits; expressing legislative intent; stating agency jurisdiction; defining certain terms; permitting expansion of the definitions; limiting custody and control of wild and exotic animals; permitting the Division of Natural Resources to issue a permit for a wild and exotic animal legally possessed prior to the effective date; setting forth permit requirements; requiring a notarized permit application and fee; involving the county animal control officer or the sheriff for inspections; requiring an emergency plan; requiring relinquishment of animal prior to euthanization; compliance with the Animal Welfare Act; providing exemptions; providing for confiscation and disposition of animals; requiring interagency cooperation; providing rule-making and emergency rule-making authority; requiring the division to report to the Joint Committee on Government and Finance; and providing criminal penalties and fines"; 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. 493
- "A Bill to amend and reenact §17C-15-36a of the Code of West Virginia, 1931, as amended, relating to exempting unmarked law-enforcement vehicles primarily used for covert or undercover enforcement from sun-screening restrictions"; 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. 499
- "A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as amended, relating to the nonapplicability of chapter thirty-three of this code, regulating insurance, to the Public Employees Insurance Agency"; 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. 527 - "A Bill to repeal §19-18-4, §19-18-5, §19-18-6, §19-18-7, §19-18-8, §19-18-9, §19-18-10, §19-18-11 and §19-18-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-18-1, §19-18-2 and §19-18-3 of said code, all relating to providing for general livestock trespass law; prohibiting livestock from trespassing; clarifying damages that may be recovered; permitting containment of livestock; requiring owner of trespassing livestock be notified; requiring containment costs be negotiated; permitting containment costs to be recovered in court; permitting the sheriff to take possession of unclaimed livestock; permitting unclaimed livestock be sold at auction; setting forth how the proceeds of a livestock sale shall be distributed and establishing misdemeanor penalties"; which was referred to the Committee on Agriculture then the Judiciary.
Bills Introduced

    On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Skaff, Stowers, Hall, Perry and Ferro:
    
H. B. 4614 - "A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to the State Police; civilian employee pay increase"; to the Committee on Government Organization then Finance.
By Delegates Cann, Varner, Ferns and Skaff:
    
H. B. 4615 - "A Bill to amend and reenact §47-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto five new sections, designated §47-2-14a, §47-2-14b, §47-2-14c, §47-2-14d and §47-2-14e, all relating to making trademark counterfeiting a crime; establishing the elements of the crime; establishing the different degrees of violation; establishing penalties; providing exceptions to those penalties; and defining a term"; to the Committee on the Judiciary.
By Delegates Miley, Fleischauer, Barker and Ellem:
    
H. B. 4616 - "A Bill to amend and reenact §55-7A-2 of the Code of West Virginia, 1931, as amended, relating to increasing parental liability for the willful, malicious or criminal acts of their juvenile children; eliminating the limitation on actual damages to out-of-pocket loss"; to the Committee on the Judiciary.
By Delegates Storch, Ferns, Ashley, Rowan, Miley, Ferro, O'Neal, Lane, Poore, Ellem and Hunt:
    
H. B. 4617 - "A Bill to repeal §55-7D-5 of the Code of West Virginia, 1931, as amended, relating to the construction of the Good Samaritan Food Donation Act as it relates to health department regulations and municipal, county and state health departments and officers"; to the Committee on the Judiciary.
By Delegates D. Poling:
    
H. B. 4618 - "A Bill to amend and reenact §55-2-12 of the Code of West Virginia, 1931, as amended, relating to limitations of actions and suits; and providing for an extension of limitations to file a civil action for a claim of sexual abuse against a minor causing psychological injury or illness"; to the Committee on the Judiciary.
By Delegate Canterbury:
    
H. B. 4619 - "A Bill to amend and reenact §24-2D-2 of the Code of West Virginia, 1931, as amended, relating to alternative fuel initiatives; and requiring the Public Service Commission to authorize natural gas utility companies to invest in natural gas compression equipment to be installed in residential property for compressed natural gas fueling of automobiles, without authority to make rates for compressed natural gas fueling of these automobiles"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates Sumner and Perry:
    
H. B. 4620 - "A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia, 1931, as amended, relating to higher education; institutional boards of governors; and the modification of the restriction on the number of terms that a chairman of a board of governors may serve"; to the Committee on Education.
By Delegates Miley, Fragale and Caputo:
    
H. B. 4621 - "A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to exempting nonresident property owners and their families from hunting, trapping and fishing license requirements when they are hunting, trapping or fishing on their own land"; to the Committee on Natural Resources then Finance.
By Delegate Hall:
    
H. B. 4622 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5F-1-5, relating to a requirement that two legislators serve as nonvoting, ex-officio members on all nonlicensing boards and commissions, appointed by the Speaker of the House of Delegates and the President of the Senate, respectively"; to the Committee on Government Organization.
By Delegates Skaff, R. Phillips, Marcum, Stowers and Pasdon:
    
H. B. 4623 - "A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to the time final wages are required to be paid to discharged employees; and authorizing payment by mail, if requested by the employee"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Hall (By Request):
    
H. B. 4624 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22C-3-27, relating to abolishing the Solid Waste Management Board and transferring its powers, duties, responsibilities, employees, equipment and records to the Secretary of the Department of Environmental Protection; and continuation of programs and rules"; to the Committee on Government Organization then the Judiciary.
By Delegates Fleischauer, L. Phillips, Brown, Border, Lawrence, D. Campbell, Poore, Hatfield, Marshall, Barill and M. Poling:
    
H. B. 4625 - "A Bill to amend and reenact §18-9F-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-28-2 of said code, all relating to the school access safety act; private, parochial or church schools, or schools of a religious order; and requiring that protocols for sports injuries be developed both for school-sponsored sports events and community sports events"; to the Committee on Education then Finance.
By Delegates Miley, Morgan, Swartzmiller, Lawrence and Snuffer:
    
H. B. 4626 - "A Bill to amend and reenact §15-2-4 of the Code of West Virginia, 1931, as amended, relating to the State Police appointment of commissioned officers, noncommissioned officers, other members; increasing principle supervisors to nineteen"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates C. Miller, Sobonya, Snuffer, Sumner, Savilla and Kump:
    
H. B. 4627 - "A Bill to amend and reenact §15-1-6 of the Code of West Virginia, 1931, as amended, relating to restricting certain aid to the Armed Forces of the United States by West Virginia agencies and employees that would place them in violation of the United States Constitution, the Constitution of West Virginia, any provision of the Code of West Virginia, any act of the Legislature or any rule in the West Virginia Code of State Rules"; to the Committee on Government Organization then the Judiciary.
By Delegates D. Poling, Ellem and Azinger:
    
H. B. 4628 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11A-3-75, relating to erroneous sale of tax lien"; to the Committee on the Judiciary then Finance.
By Delegates Skaff, Doyle, Reynolds, Pasdon, Staggers, Guthrie, L. Phillips, Nelson, Ferns, Barill and Marshall:
    
H. B. 4629 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6D-10, relating to permitting the transfer of tax credits for the purchase of alternative-fuel vehicles, the conversion to an alternative-fuelvehicle or the construction of alternative-fuel vehicle infrastructure"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Boggs:
    
H. B. 4630 - "A Bill to amend and reenact chapter 196 of the Acts of the Legislature, regular session, 1963, as last amended and reenacted by chapter 206 of the Acts of the Legislature, regular session, 1967, all relating to the Braxton County Recreational Development Authority; modifying the membership of the Braxton County Recreational Development Authority; transferring certain authority from the Braxton County Board of Education to the Braxton County Commission; and requiring the approval of the Braxton County Commission and the Braxton County Board of Education on land transactions conducted by the authority"; to the Committee on Political Subdivisions.
By Delegate Manypenny:
    
H. B. 4631 - "A Bill to amend and reenact §22-3-9 and §22-3-13 of the Code of West Virginia, 1931, as amended, all relating to dual liner requirements in new coal-waste impoundments, new coal-waste impoundments at existing facilities, replacement coal-waste impoundments at existing facilities and lateral coal-waste expansions of existing impoundments; requiring the Director of the West Virginia Department of Environmental Protection to promulgate rules for liners in these surface, coal-waste impoundments including that no impoundment may be situated closer than three miles up stream from any incorporated town of fifteen hundred population or more; and providing abatement procedures"; to the Committee on the Judiciary then Finance.
By Delegates Varner, Carmichael, Boggs, White and T. Campbell:
    
H. B. 4632 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4 and §11-13CC-5; and to amend and reenact §24-2-1j of said code, all relating to creating the Energy Intensive Industrial Consumers Revitalization Tax Credit Act; making legislative findings and declaring purpose; establishing tax credits for suppliers of coal to certain electric utilities who are subject to the coal severance tax; establishing a $40 million limit on the tax credits; setting forth when the tax credits may be taken; setting forth how the tax credits are calculated and allocated; setting forth how the payments triggered by the tax credits are to be made; establishing when the tax credit expires; granting the Public Service Commission certain authority concerning special rates; and requiring information on special rates in the Public Service Commission's annual report"; to the Committee on Finance.
By Delegate Michael:
    
H. B. 4633 - "A Bill to repeal §29-25-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-25-1, §29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-9, §29-25-12, §29-25-15, §29-25-18, §29-25-19, §29-25-20, §29-25-21, §29-25-22, §29-25-22a, §29-25-24 §29-25-28, §29-25-29, §29-25-30, §29-25-31, §29-25-32, §29-25-34, §29-25-35, §29-25-37 and §29-25-38 of said code; and to amend said code by adding thereto two new sections, designated §29-25-22b and §29-25-22c, all relating to miscellaneous boards and officers; authorized gaming facility; including a rural resort community as limited gaming facility; providing definition of rural resort community; creating the Rural Resort Community Fund and Rural Resort Community Human Resource Benefit Fund; otherwise providing for the regulation and control of a rural resort community; and repealing the local option provision of this article"; to the Committee on the Judiciary then Finance.
By Delegate White:
    
H. B. 4634 - "A Bill to repeal §60-2-21 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6C-1 of said code, all relating to removing the requirement for the Legislative Auditor to conduct certain fiscal audits of the Alcohol Beverage Control Commission and the Children's Trust Fund"; to the Committee on Government Organization then Finance.
By Delegates Manypenny and Doyle:
    
H. B. 4635 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-5b, relating to requiring persons giving testimony or providing information to the Legislature to attest to the truthfulness of the testimony or information; providing who may administer the oath; defining a term; and providing penalties"; to the Committee on the Judiciary then Finance.
By Delegates Poore, Frazier, D. Campbell, Morgan, D. Poling, Moye, Hartman, Craig and Stephens:
    
H. B. 4636 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated, §16-44-1, relating to health and human resources; and the authorization of a responsible parent pilot project by the Department of Health and Human Resources in conjunction with the Division of Corrections"; to the Committee on Health and Human Resources then Finance.
By Delegates Manypenny, Talbott and Brown:
    
H. B. 4637 - "A Bill to amend and reenact §22-6A-12 of the Code of West Virginia, 1931, as amended, relating to prohibiting the drilling of horizontal oil and gas wells beneath abandoned wells; and prohibiting fracking within five hundred feet of an abandoned well"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny and Fleischauer:
    
H. B. 4638 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-4a, relating to requiring hospitals and other medical service providers to bill Medicaid for eligible inmate hospital and professional services"; to the Committee on Health and Human Resources then Finance.
By Delegate Manypenny:
    
H. B. 4639 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to prohibiting provisions in agreements to settle litigation if the information could have an adverse impact on the health, safety or well being of the public or the environment"; to the Committee on the Judiciary.
By Delegate Manypenny:
    
H. B. 4640 - "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 and §16-2L-7, all relating to establishing a two year pilot program on the disposal of unused pharmaceuticals; authorizing rulemaking; and requiring a legislative report"; to the Committee on Health and Human Resources then Finance.
By Delegates Cowles, Andes, Householder, Snuffer, Nelson, Walters, Hall, R. Phillips, Stowers and Craig:
    
H. B. 4641 - "A Bill to amend and reenact §24-2F-5 of the Code of West Virginia, 1931, as amended, relating to awarding credits for use of alternative and renewable energy resources; and to remove language which sets a ceiling on the percentage of credits that can be used to meet compliance requirements from the generation or purchase of electricity generated from natural gas"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Caputo:
    
H. B. 4642 - "A Bill to amend and reenact §22A-6-6 of the Code of West Virginia, 1931, as amended, relating to the Board of Coal Mine Health and Safety; and requiring the Department of Commerce to provide administrative and logistical support as reasonably necessary to enable the Board of Coal Mine Health and Safety, or any other board or commission administered by the Health and Safety Administrator, to carry out its responsibilities under the provisions of article six, chapter twenty-two-a of this code"; to the Committee on the Judiciary.
By Delegates Andes, Carmichael, Armstead and Howell:
    
H. B. 4643 - "A Bill to amend and reenact §22-15A-22 of the Code of West Virginia, 1931, as amended, relating to removing the prohibition against the disposal of electronic devices in solid waste landfills; and eliminating rule-making authority"; to the Committee on Government Organization then the Judiciary.
By Delegates Manchin, Caputo and Longstreth:
    
H. B. 4644 - "A Bill to amend and reenact §7-18-1 of the Code of West Virginia, 1931, as amended, relating to limiting the exemption from the hotel occupancy tax"; to the Committee on Political Subdivisions then Finance.
By Delegates Manchin, Caputo and Longstreth:
    
H. B. 4645 - "A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia, 1931, as amended, relating to eligibility requirements for community and technical colleges board of governors"; to the Committee on Education.
By Delegates Manchin, Caputo and Longstreth:
    
H. B. 4646 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to requiring electric utilities to implement integrated resource plans; requiring the Public Service Commission to order development of integrated resource plans; specifying certain items that shall be evaluated and deadlines for the plans; requiring commission review, public hearing and option for requesting further information; addressing the commission's use of the plan; and defining terms"; to the Committee on Government Organization then Finance.
By Delegates C. Miller, Reynolds, Morgan and Craig:
    
H. B. 4647 - "A Bill to amend and reenact §9-5-18 of the Code of West Virginia, 1931, as amended, relating to funeral expenses for indigent persons; and restricting payments for burial services of indigents to only those services provided by a funeral director licensed by West Virginia"; to the Committee on Government Organization.
By Delegates Perry and Sigler
    [By Request of the Supreme Court of Appeals]:
    
H. B. 4648 - "A Bill to amend and reenact §48-27-301 of the Code of West Virginia, 1931, as amended; and to amend and reenact §51-2A-2 of said code, all relating to authorizing the Supreme Court of Appeals to utilize current judicial officers and resources to establish and implement a domestic violence court pilot project"; to the Committee on the Judiciary.
By Delegates Cann, Guthrie, Mahan, Marshall, Perdue, L. Phillips, D. Poling, Skaff, Stowers, Varner and Williams
    [By Request of the Treasury Department]:
    
H. B. 4649 - "A Bill to repeal §12-1-12c of the Code of West Virginia, 1931, as amended; to repeal §18-22D-1, §18-22D-2, §18-22D-3, §18-22D-4, §18-22D-5, §18-22D-6, §18-22D-7, §18-22D-8 and §18-22D-9 of said code; to repeal 48-2-604 of said code; to amend and reenact §5-10B-3, §5-10B-3a and §5-10B-8 of said code; to amend said code by adding thereto a new section, designated §5-10B-14; to amend and reenact §12-1-3, §12-1-8, §12-1-11 and §12-1-12b of said code; to amend and reenact §12-2-2 and §12-2-3 of said code; to amend and reenact §12- 3-1 of said code; to amend and reenact §12-3A-3 of said code; to amend and reenact §18-25-1 of said code; to amend and reenact §18-30-8 and §18-30-11 of said code; to amend and reenact §18A-4-12 of said code; and to amend and reenact §36-8-13 of said code, all relating to the State Treasurer's Office; repealing a duplicate code section dealing with the Cash Management Improvement Act; repealing the obsolete higher education student assistance loan program; repealing a duplicate fee for marriage licenses; authorizing Roth contributions, conversions and rollovers for the Internal Revenue Code §457 plan; authorizing the Treasurer to set the minimum contribution for automatic enrollments; clarifying tax treatment of Roth contributions; updating federal deposit insurance language; deleting archaic language pertaining to loan ratios to qualify as a state depository; clarifying what constitutes a conflict of interest for treasury employees; permitting bank officers to sign reports; authorizing banks to submit reports in an electronic format; changing quarterly reports to annual reports for the CMIA; changing the requirement for deposits to be made within twenty-four hours to one business day; authorizing the Treasurer to grant an exception when circumstances make compliance with the one business day rule difficult or expensive; requiring the Treasurer to establish standards for internal controls for receipting funds; requiring spending units to establish internal control procedures and to submit them for review when requested by the Treasurer; requiring spending units to adopt revisions offered by the Treasurer; authorizing the Treasurer to audit receipting of moneys by spending units; requiring audits pertaining to receipting moneys by internal and external auditors to include evaluation of internal controls; requiring copies of audits be sent to the Treasurer and Legislative Auditor; clarifying the differences in general revenue, special revenue and federal funds; changing the quarterly report to the Legislative Auditor pertaining to outside bank accounts to an annual report; updating procedures for stale dated state checks; authorizing the Treasurer to develop record retention requirements; amending deferred compensation programs for education employees to permit maximum contributions under the Internal Revenue Code; amending the college prepaid tuition and savings program administrative account to permit the moneys be used for matching grant contributions; amending the unclaimed property fund to permit the funds be used for operations; and clarifying that college prepaid tuition and savings program accounts are not to be considered for purposes of determining eligibility for income-based governmental financial assistance unless prohibited by federal law"; to the Committee on Government Organization then Finance.
By Delegates Sobonya, Miley, Sumner, Border and C. Miller:
    
H. B. 4650 - "A Bill to amend and reenact §49-6A-8 of the Code of West Virginia, 1931, as amended, relating to modifying criminal penalties for failing to report child abuse"; to the Committee on the Judiciary then Finance.

Special Calendar

Third Reading

    Com. Sub. for H. B. 3174, Relating to liquor and beer sampling events; 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. 78), and there were--yeas 68, nays 28, absent and not voting 4, with the nays and absent and not voting being as follows:
    Nays: Anderson, Armstead, Ashley, Azinger, Border, Canterbury, Ellem, Evans, Hamilton, Howell, Iaquinta, Ireland, Kump, Martin, C. Miller, J. Miller, Moye, O'Neal, Overington, L. Phillips, Romine, Rowan, Savilla, Smith, Snuffer, Sobonya, Sumner and Walker.
    Absent and Not Voting: Crosier, Fragale, Manypenny and Michael.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3174) passed.
    Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
    H. B. 4119, Providing a definition for an athletic director who is employed by a county board of education; 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. 79), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
    Absent and Not Voting: Crosier, Fragale, Manypenny and Michael.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4119) 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. 4142, Authorizing the Department of Administration to promulgate legislative rules; 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. 80), and there were--yeas 79, nays 17, absent and not voting 4, with the nays and absent and not voting being as follows:
    Nays: Andes, Armstead, Duke, Gearheart, Householder, Howell, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Savilla, Sigler, Sobonya, Sumner and Walters.
    Absent and Not Voting: Crosier, Fragale, Manypenny and Michael.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4142) passed.
    Delegate Boggs moved that the bill take effect from passage.
    On this question, the yeas and nays were taken (Roll No. 81), and there were--yeas 76, nays 19, absent and not voting 5, with the nays and absent and not voting being as follows:
    Nays: Andes, Armstead, Duke, Gearheart, Householder, Howell, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
    Absent and Not Voting: Crosier, Fragale, Hartman, Manypenny and Michael.
    So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4142) takes effect from passage.
    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. 4245, Permitting certain auxiliary lighting on motorcycles; 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. 82), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:
    Nays: Fleischauer, Lane and Walters.
    Absent and Not Voting: Crosier, Fragale, Manypenny and Michael.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4245) 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. 4433, Modifying the criteria for awarding high school diplomas to certain veterans; 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. 83), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
    Absent and Not Voting: Crosier, Fragale, Manypenny and Michael.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4433) 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

    
S. B. 30, Providing additional means to notify DMV of purchase of junked vehicle; on second reading, coming up in regular order, was read a second time and ordered to third reading.
    The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
    Com. Sub. for H. B. 4053, Relating to abduction, kidnaping and human trafficking,
    Com. Sub. for H. B. 4070, Changing the basis for paying the county salary supplement equivalent pay rate for division of rehabilitation teachers,
    Com. Sub. for H. B. 4088, Repealing the West Virginia telecommunications tax,
    Com. Sub. for H. B. 4398, Declaring certain claims against the state and its agencies to be moral obligations of the state,
    And,
    H. B. 4493, Establishing special memorial days for certain military veterans.
First Reading

    The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
    H. B. 4126, Authorizing legislative rules for the Higher Education Policy Commission and Council for Community and Technical College Education,
    Com. Sub. for H. B. 4139, Authorizing miscellaneous agencies and boards to promulgate legislative rules,
    Com. Sub. for H. B. 4220, Authorizing the bureau of commerce to promulgate legislative rules,
    And,
    Com. Sub. for H. B. 4351, Relating to mine safety.
Leaves of Absence

    At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Crosier, Fragale, Manypenny and Michael.
Remarks by Members

    Delegate Boggs addressed the House regarding the West Virginia Veterans Legacy Project at Glenville State University, and at the conclusion thereof, such remarks were ordered printed in the Appendix to the Journal.
    At 11:56 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 21, 2012.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****