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House Journal


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


__________*__________




Friday, February 24, 2012

FORTY-FIFTH 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 Thursday, February 23, 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 a presentation 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.
     Delegates Stephens, C. Miller, Sobonya, Morgan, Craig and Reynolds offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 88 - "Requesting the Division of Highways to name the Merritt Creek Bridge on WV Route 10 in Cabell County, bridge number 06-10-4.99, the '1st Lt. Therrel Shane Childers Memorial Bridge'."
     Whereas, 1st Lt. Therrel Shane Childers was born on June 19, 1972, to Joseph and Judy Childers in West Hamlin, Lincoln County; and
     Whereas, 1st Lt. Therrel Shane Childers enlisted in the United States Marine Corp shortly after graduating from high school in 1990 in Harrison, Mississippi; and
     Whereas, 1st Lt. Therrel Shane Childers served in the 1991 Persian Gulf War; and
     Whereas, 1st Lt. Therrel Shane Childers graduated from the Citadel in 2001 while on active duty; and
     Whereas, 1st Lt. Therrel Shane Childers was deployed to the Middle East for a second time in February, 2003, as a 2nd Lieutenant assigned to the 1st Battalion, 5th Marine Regiment, 1st Marine Division; and
     Whereas, 1st Lt. Therrel Shane Childers was killed in action as a result of being shot in the stomach while leading his platoon in securing an oil facility in southern Iraq; and
     Whereas, 1st Lt. Therrel Shane Childers was the first American soldier killed in Operation Iraqi Freedom; and
     Whereas, 1st Lt. Therrel Shane Childers was posthumously promoted to the rank of 1st Lieutenant by the Marine Corps Commandant; and
     Whereas, It is fitting and proper that 1st Lt. Therrel Shane Childers be remembered and acknowledged for his courageous action and ultimate sacrifice; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the Merritt Creek Bridge on WV Route 10 in Cabell County, bridge number 06-10-4.99, the "1st Lt. Therrel Shane Childers Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "1st Lt. Therrel Shane Childers Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of 1st Lt. Childers.
     Delegates Stephens, Reynolds, Morgan, Sobonya, C. Miller and Craig offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 89 - "Requesting the Division of Highways to name the 4-H Camp Bridge on County Road 42 at Barboursville, Cabell County, bridge number 06-42-9.34, the 'PFC Rodney Kent Ranson Memorial Bridge'."
     Whereas, Rodney Kent Ranson was born on November 18, 1948, at Huntington, Cabell County, the son of Manford Kirby Ranson and Thelma Frances McCoy Ranson. He was educated in Cabell County, graduating from Barboursville High School, Barboursville, Cabell County in 1965. He attended Marshall University before entering the Army in February 1969. Rodney Kent Ranson married Linda Sue Sexton in Ashland, Boyd County, Kentucky, in February, 1969; and
     Whereas, PFC Rodney Kent Ranson began his tour of duty on July 28, 1969, with the 7th Cavalry Regiment of the 1st Air Cavalry Division in Tay Ninh Province, Republic of Vietnam, near the Cambodian border. He was killed in action on November 20, 1969, in Tay Ninh Province, Republic of Vietnam, while on a protective reaction mission with his platoon. He was survived by his widow, Linda Sue Sexton Ranson, his mother and father, Manford and Thelma Ranson, a sister, and two brothers; and
     Whereas, PFC Rodney Kent Ranson was described by those who served with him as an exemplary soldier whose enthusiasm and devotion to duty marked him as an outstanding soldier. He commanded the respect of his superiors as well as his fellow platoon members and a soldier who died gallantly serving his country. He was awarded posthumously the Bronze Star Medal with First Oak Leaf Cluster for heroism, Air Medal, Purple Heart and the Good Conduct Medal. Prior to his death, PFC Rodney Kent Ranson had been awarded the National Defense Service Medal, Vietnam Service Medal with one Bronze Star, Vietnam Campaign Medal, Combat Infantryman Badge, Sharpshooter Badge with rifle bar and the Marksman Badge with machine gun and automatic rifle bars. PFC Rodney Kent Ranson died in the service of his nation, two days after his twenty-first birthday. As President Richard Nixon wrote in his condolences letter to PFC Ranson's widow, "The only consolation I can offer is the profound respect of the nation he died to serve, and the humble recognition of a sacrifice no man can measure and no words can describe. Those who give their own lives to make freedom of others possible live forever in honor." The sacrifice of PFC Rodney Kent Ranson and his dedication and commitment to his family, community, state and country served as a great example to us all and should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the 4-H Camp Bridge on County Road 42 at Barboursville, Cabell County, bridge number 06-42-9.34, the "PFC Rodney Kent Ranson Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "PFC Rodney Kent Ranson Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of PFC Rodney Kent Ranson.
     Delegate J. Miller offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 90 - "Applying for an Article V Amendments Convention to Propose a Constitutional Amendment permitting an increase in the federal debt requires approval by a majority vote of two thirds of the State Legislatures."
     Whereas, Article V of the Constitution of the United States provides authority for a Convention to be called by the Congress of the United States for the purpose of proposing amendments to the Constitution upon application of two thirds of the Legislatures of the several states ("amendments convention"); and
     Whereas, The Legislature of the State of West Virginia favors the proposal and ratification of an amendment to said Constitution which shall provide that an increase in the federal debt requires approval from a majority of the Legislatures of the separate states; therefore, be it
     Resolved by the Legislature of West Virginia:
     That, as provided in Article V of the Constitution of the United States, the Legislature of the State of West Virginia herewith respectfully applies for an amendments convention to be called for the purpose of proposing an amendment which shall provide that an increase in the federal debt requires approval from a majority of the Legislatures of the separate states; and, be it
     Further Resolved, That the amendments convention contemplated by this application shall be entirely focused upon and exclusively limited to the subject matter of proposing for ratification an amendment to the Constitution providing that an increase in the federal debt requires approval from a majority of the Legislatures of the separate states; and, be it
     Further Resolved, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two thirds of the Legislatures of the several states have made application for an equivalently limited amendments convention; and, be it
     Further Resolved, That the Clerk of the House of Delegates transmit copies of this resolution to the President of the United States Senate, to the Speaker of the United States House of Representatives, the members of the West Virginia Congressional Delegation, and to the presiding officers of each house of the several state Legislatures, requesting their cooperation in applying for the amendments convention limited to the subject matter contemplated by this application.
     Delegates Overington, Anderson, Andes, Azinger, Border, Canterbury, Carmichael, Cowles, Craig, Duke, Ellem, Ellington, Evans, Gearheart, Hall, Hamilton, Hartman, Householder, Howell, Ireland, Michael, C. Miller, J. Miller, Nelson, O'Neal, Pasdon, Reynolds, Rodighiero, Romine, Rowan, Savilla, Sigler, Skaff, Snuffer, Sobonya, Storch, Sumner and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 91 - "Calling for the Congress of the United States to call an Amendment Convention Pursuant to Article V of the United States Constitution for the Limited Purpose to propose a Balanced Budget Amendment."
     Whereas, The Legislature of the of State of West Virginia hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing an amendment to the Constitution of the United States requiring that in the absence of a national emergency the total of all Federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated Federal revenues for that fiscal year; and
     Whereas, This application is to be considered as covering the same subject matter as the presently outstanding balanced budget applications from other states, including, but not limited to, previously-adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, Pennsylvania and Texas; and this application shall be aggregated with same for the purpose of attaining the two-thirds of states necessary to require the calling of a convention, but shall not be aggregated with any applications on any other subject; and
     Whereas, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two-thirds of the several states have made applications on the same subject. It supersedes all previous applications by this Legislature on the same subject;
therefore, be it
     Resolved by the Legislature of West Virginia:
     That the State of West Virginia hereby applies and makes application to the Congress of the United States to call an amendment convention pursuant to Article V of the United States Constitution for the limited purpose of proposing a Balanced Budget Amendment and, be it
     Further Resolved, That the Clerk of the House of Delegates transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the West Virginia Congressional Delegation so that they may be apprised of the sense of the West Virginia House of Delegates in this matter and also to transmit copies hereof to the presiding officers of each of the legislative houses in the several States, requesting their cooperation.
     Delegates Paxton, Barill, Brown, Butcher, D. Campbell, Cann, Canterbury, Caputo, Crosier, Diserio, Doyle, Ferro, Frazier, Guthrie, Hartman, Hatfield, Iaquinta, Lawrence, Manypenny, Martin, Morgan, Moye, Perry, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Rodighiero, Skaff, Smith, Talbott, Varner and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 28 - "Designating September 26 as 'Mesothelioma Awareness Day'."
     Whereas, Mesothelioma is an aggressive, asbestos-related cancer that affects the linings of the lungs, abdomen, heart or testicles; and
     Whereas, The heavy use of asbestos in manufacturing, industry and construction has been recognized as the worst occupational health disaster in United States history; and
     Whereas, Asbestos was used in the construction of virtually all office buildings, public schools, and homes built before 1975; and
     Whereas, A high percentage of all mesothelioma victims were exposed to asbestos on naval ships and in shipyards; and
     Whereas, This is now believed to include many of the firefighters, police officers, and rescue workers from Ground Zero on 9/11/01; and
     Whereas, Exposure to asbestos for as little as one month can result in mesothelioma 30 years later; and
     Whereas, Because of occupational, Navy-service related, household, or even incidental exposures and the very long latency of the disease, tens of millions of Americans are now at risk for developing mesothelioma; and
     Whereas, For decades the need for research to develop effective treatments for mesothelioma was overlooked; and
     Whereas, The result of this neglect is that treatments available today generally have only limited effect and most patients die within only 12 to 15 months from diagnosis; and
     Whereas, In 1999, the Mesothelioma Applied Research Foundation was formed to eradicate the life-ending and vicious effects of mesothelioma, and early progress in developing effective treatments for the disease is now being made; and
     Whereas, The establishment of Mesothelioma Awareness Day would raise public awareness of the disease and of the need to develop effective treatments for it; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates designates September 26, as "Mesothelioma Awareness Day"; and, be it
     Further Resolved, That the House of Delegates invites all Members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing September 26, as "Mesothelioma Awareness Day"; and, be it
     Further Resolved, The Clerk of the House of Delegates forward a copy of this resolution to the Mesothelioma Applied Research Foundation.
     Delegates Poore, Mr. Speaker, Mr. Thompson, Armstead, Azinger, Barill, Boggs, Brown, Butcher, D. Campbell, Cann, Caputo, Cowles, Doyle, Evans, Ferns, Frazier, Guthrie, Hall, Hartman, Hatfield, Householder, Hunt, Iaquinta, Lane, Lawrence, Longstreth, Manypenny, Marshall, Miley, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Reynolds, Rowan, Skaff, Smith, Storch, Talbott, Walker and Wells offered the following resolution, which was read by the Clerk as follows:
     H. R. 29 - "Recognizing the Blue Ridge Chapter of the National MS Society."
     Whereas, Multiple sclerosis (MS) is a chronic, often disabling disease of the central nervous system that affects approximately 4,000 people in West Virginia; and
     Whereas, Most people with multiple sclerosis are diagnosed between the ages of 15 and 50 but the unpredictable physical and emotional effects can be lifelong; and
     Whereas, Studies show that early and ongoing treatment with an FDA-approved therapy can reduce future disease activity and improve the quality of life for many people with MS; and
     Whereas, Multiple sclerosis is a disease that not only affects the person with the condition, but also greatly impacts family, friends and the community; and
     Whereas, The exact cause of multiple sclerosis is still unknown, and there is no known cure; and
     Whereas, The symptoms of MS may be mild such as numbness in the limbs, or severe, such as paralysis or loss of vision; and
     Whereas, Every hour of every day, someone is newly diagnosed with multiple sclerosis; and
     Whereas, The National Multiple Sclerosis Society envisions a world free of MS; and
     Whereas, The Blue Ridge Chapter of the National Multiple Sclerosis Society provides West Virginia residents with programs and services to address the challenges of everyone affected by MS; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby recognizes the many individuals who work hard every day to help those afflicted with Multiple Sclerosis; and, be it
     Further Resolved, That the House of Delegates extends its sincere appreciation to the members of the Blue Ridge Chapter of the National Multiple Sclerosis Society for its many contributions to the State of West Virginia; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the appropriate representatives of the Blue Ridge Chapter of the National Multiple Sclerosis Society.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 29) to a committee was dispensed with, and it was taken up for immediate consideration and 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. 79, The "Jack D. Miller Memorial Bridge",
     S. C. R. 10, Requesting DOH name bridge in Breeden, Mingo County, "Jacob & Ellen Vance Memorial Bridge",
     S. C. R. 13, Requesting DOH name portion of Lincoln County Rt. 8, "Platoon Sergeant John C. Fitzwater Memorial Road",
     S. C. R. 14, Requesting DOH name bridge in Nicholas County "Lee Tucker Memorial Bridge",
     S. C. R. 21, Requesting DOH name bridge in McDowell County "Adam Bailey Memorial Bridge",
     S. C. R. 24, Requesting DOH name bridge in Mingo County "Reverend Arnold and Nell Mollette Memorial Bridge",
     And,
     Com. Sub. for S. C. R. 25, Requesting DOH name portion of Rt. 62 in Mason County "1SG Robert Nicholas Barton II Memorial Highway",
     And reports the same back with the recommendation that they each be adopted.
     Chairman Poore, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 23rd day of February, 2012, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. 343), Providing volunteer and part-volunteer fire departments' grace period to meet eligibility for certain funds allocation.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     Com. Sub. for S. B. 221, Creating Jason Flatt Act of 2012,
     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 Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for S. B. 221) to the Committee on Finance was abrogated.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4595, Relating to annual business fees paid to the Secretary of State,
     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. 4595) was referred to the Committee on Finance.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4634, Removing the requirement for the Legislative Auditor to conduct certain fiscal audits of the Alcohol Beverage Control Commission and the Children's Trust Fund,
     And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (H. B. 4634) to the Committee on Finance was abrogated.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4064, Increasing the maximum cash award the Employee Suggestion Award Board may make,
     H. B. 4293, Increasing the compensation caps for secretary-clerks and case coordinators in the family court,
     And,
     H. B. 4567, Permitting the Harrison County Commission to levy a special district tax,
     And reports the same back with the recommendation that they 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. J. R. 113, The "Homestead Exemption Increase Amendment",
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. J. R. 113 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section one-d, relating to the homestead exemption; authorizing an alternative amount or method of calculating the homestead exemption under certain circumstances; authorizing a surviving spouse to qualify for a homestead exemption under certain circumstances; designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment",
     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 given further consideration:
     H. B. 4257, Providing late voter registration opportunities to individuals covered by the Uniformed and Overseas Citizens Act of 1986,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended.
     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. 2793, Defining "spelunking" as a recreational purpose and activity for which a landowner's liability for injury is limited,
     H. B. 4315, Permitting a new class IV town or village to select a form of government,
     And,
     S. B. 224, Renaming Division of Banking as Division of Financial Institutions,
     And reports the same back with the recommendation that they each 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. 2816, Permitting private clubs to purchase alcoholic liquors from retail liquor stores in any market zone in the state,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2816 - "A Bill to amend and reenact §60-7-11 of the Code of West Virginia, 1931, as amended, relating to permitting private clubs to purchase alcoholic liquors from retail liquor stores in any market zone in the state; permitting private clubs to purchase an alcoholic liquor product from a retail licensee who serves adjacent market zones, if the product is not stocked by the retail licensee within its designated market zone,"
     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 back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4276 - "A Bill to amend and reenact §46A-2-106 of the Code of West Virginia, 1931, as amended; relating generally to the notice of a default and consumer's right to cure a default; modifying the time period in which the default may be cured after the notice is sent; requiring certification of the amount needed to cure the default; certifying the date the notice of right to cure was mailed; and providing limitations of liability for violation of the notice of default and right to cure requirements,"
     H. B. 4279, Permitting municipalities to stagger the terms of elected officers,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4279 - "A Bill to amend and reenact §8-5-5 of the Code of West Virginia, 1931 as amended, relating to the election of municipality officers; permitting municipalities to stagger the terms of elected officers; providing election to determine length and time-frame of terms; providing method of selecting officials with shortened terms; and making stylistic changes,"
     H. B. 4307, Clarifying that the practice and procedure for domestic violence civil proceedings are governed by court rule,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4307 - "A Bill to amend and reenact §48-27-502 and §48-27-1101 of the Code of West Virginia, 1931, as amended, all relating to domestic violence generally; clarifying that the practice and procedure for domestic violence civil proceedings are governed by court rule; providing that a prohibition against possessing firearms and ammunition is a mandatory provision for domestic violence protective orders; and, providing that a domestic violence protective order state that possession of firearms and ammunition while subject to domestic violence protective order is a criminal violation of state and federal law,"
     With the recommendation that the committee substitutes each 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. 4425, Requiring a landlord address issues of the accumulation of moisture and the growth of mold,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4425 - "A Bill to amend and reenact §37-6-30 of the Code of West Virginia, 1931, as amended, relating to landlord and tenant; the duty to maintain a premise; requiring a landlord to address issues of accumulation and the growth of mold; and requiring the landlord to perform mold remediation in accordance with Centers for Disease Control and Prevention standards,"
     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. 4425) to the Committee on Finance was abrogated.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 3142, Increasing the allowable number of magistrate court deputy clerks by five,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3142 - "A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to increasing the allowable number of magistrate court deputy clerks by six,"
     H. B. 3157, Adding an additional family court judge to the twenty-third family court district,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 3157 - "A Bill to amend and reenact §51-2A-3 of the Code of West Virginia, 1931, as amended, relating to providing for an additional family court judge for the twenty- third family court district,"
     H. B. 4130, Creating the felony criminal offense of sale or purchase of a child,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4130 - "A Bill to repeal §48-22-803 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-22-303 of said code; and to amend and reenact said code by adding thereto a new section, designated §61-2-14h, all relating to crimes against the person; increasing criminal penalties relating to the increase the penalty for the criminal offenses involving money in exchange for locating, providing or procuring a minor child in certain circumstances; providing circumstances deemed abuse and neglect; and providing exceptions from thereto for certain acts relating to lawful adoptions,"
     H. B. 4247, Increasing the compensation of attorneys who are appointed to represent criminal defendants,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4247 - "A Bill to amend and reenact §29-21-13a of the Code of West Virginia, 1931, as amended, relating to increasing the compensation of court appointed panel attorneys who represent individuals in abuse and neglect, juvenile, criminal and other proceedings,"
     H. B. 4376, Licensing wine sales at certain professional baseball stadiums,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4376 - "A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to licensing wine sales at certain professional baseball stadiums; providing license fees; providing a definition of professional baseball stadium; providing standards for licensing and authority for the commissioner to regulate such sales; and granting rule-making authority,"
     H. B. 4418, Creating the Aviation Fund and the Fleet Management Office Fund,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4418 - "A Bill to amend and reenact §5A-3-52 of the Code of West Virginia, 1931, as amended, relating to state travel management; creating the Aviation Fund and the Fleet Management Office Fund; terminating the travel management special fund; providing for transfer of certain funds; specifying the use of the fund; and providing that costs and expenses of aviation or fleet services will be borne by the agency or department using the aviation or fleet services,"
     H. B. 4489, Strengthening authority of the West Virginia Municipal Pensions Oversight Board,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4489 - "A Bill to amend and reenact §8-22-18a, §8-22-19a and §8-22- 25 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8-22-18c, all relating to municipal policemen and firemen pensions; providing powers and duties of the West Virginia Municipal Oversight Board; requiring certain notice of lawsuit to the West Virginia Municipal Oversight Board; limiting certain court orders under certain circumstances; clarifying refunds to members; and clarifying circumstances in which a member may retire when the member's service has been interrupted by duty with the Armed Forces of the United States,"
     H. B. 4511, Creating the Shale Research, Education, Policy and Economic Development Center at West Virginia University,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4511 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-12B-1, §18B-12B-2, §18B-12B-3, §18B-12B-4 and §18B-12B-5, all relating to the creation of the Shale Research, Education, Policy and Economic Development Center at West Virginia University,"
     H. B. 4554, Accepting additional students for enrollment in early childhood education programs,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4554 - "A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended, relating to early childhood education programs offered by county boards of education; allowing counties with a fully implemented early childhood education program to accept addition students; and clarifying reporting requirements,"
     H. B. 4581, Making grants from state and other funds to provide civil legal services to low income persons,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4581 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-9A-4, relating to establishing a special revenue account designated as the Fund for Civil Legal Services for Low Income Persons; establishing potential sources of funding; and authorizing the Director of the Division of Justice and Community Services to make grants to nonprofit agencies which provide civil legal services to low income persons,"
     H. B. 4601, Authorizing the West Virginia National Guard to participate in a federal asset forfeiture or sharing program,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4601 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-27, relating to authorizing the West Virginia National Guard to participate in a federal asset forfeiture or sharing program; creating the West Virginia National Guard Counterdrug Forfeiture Fund administered by the Adjutant General; and authorizing the Adjutant General to propose rules,"
     And,
     H. B. 4605, Providing a premarital education option to applicants for marriage licenses,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4605 - "A Bill to amend and reenact §48-2-104 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §48-2-701 and §48-2-702; and to amend and reenact §59-1-10 of said code, all relating generally to premarital education; providing a premarital education incentive to applicants for marriage licenses; providing for curriculum requirements for premarital education; identifying instructors for premarital education; increasing the fee for marriage license without completion of a premarital education course; and creating a fund for purposes of administering the premarital education,"
     With the recommendation that the committee substitutes each do pass.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     On motion for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates White, Cann, Iaquinta, Mahan, Marshall, Perdue, Ashley and Carmichael:
     
H. B. 4652 - "A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2012, to the Department of Administration - Children's Health Insurance Agency, fund 8838, fiscal year 2012, organization 0230, to the Department of Environmental Protection - Division of Environmental Protection, fund 8708, fiscal year 2012, organization 0313, to the Department of Health and Human Resources - Division of Health - Central Office, fund 8802, fiscal year 2012, organization 0506, to the Department of Health and Human Resources - Division of Health - West Virginia Safe Drinking Water Treatment, fund 8824, fiscal year 2012, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 8722, fiscal year 2012, organization 0511, and to Miscellaneous Boards and Commissions - Coal Heritage Highway Authority, fund 8861, fiscal year 2012, organization 0942, by supplementing and amending the appropriations for the fiscal year ending June 30, 2012,"
     And,
By Delegates White, T. Campbell, Cann, Guthrie, Iaquinta, Mahan, Marshall, Perdue, Skaff, Stowers and Cowles:
     H. B. 4653 - "A Bill to repeal §11-1C-5b of the Code of West Virginia, 1931, as amended; to repeal §18-9A-2a of said code; and to amend and reenact §18-9A-2 and §18-9A-11 of said code, all relating to public school support computation of local share; removing provisions for using assumed assessed values for the purpose of computation; and removing provisions for increasing counties' local share responsibility for funding basic foundation education formula when property assessments are not at least fifty-four percent of market value as indicated by assessment ratio study; revising definitions."
     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. 4521, Permitting the restructuring of child support payments of an inmate who is released under certain circumstances,
     And,
     H. B. 4522, Providing additional contempt powers for family court judges,
     And reports the same back with the recommendation that they each 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. 4426, Requiring a copayment to a physical therapist and an occupational therapist be the same as a physician or osteopath,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4426 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; to amend said code by adding thereto a new section, designated §33-16D-17; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating to copayments required in certain policies, provisions, contracts, plans or agreements to provide health care benefits; providing that a copayment imposed for services rendered by a licensed occupational therapist, licensed speech-language pathologist or licensed physical therapist may not exceed a copayment imposed for the services of a primary care physician or an osteopathic physician,"
     And,
     H. B. 4468, Prohibiting insurance companies from discriminating against certain health care providers,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4468 - "A Bill to amend and reenact §33-15-14 of the Code of West Virginia, 1931, as amended, to amend and reenact §33-16-10 of said code; to amend and reenact §33-24-43 of said code; to amend and reenact §33-25-20 of said code; and to amend and reenact §33-25A-31 of said code, relating to prohibiting insurance companies from discriminating against certain health care providers; and proscribing discrimination by health care providers,"
     With the recommendation that the committee substitutes each do pass.
Messages from the Executive

     Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on February 23, 2012, he approved Com. Sub. for H. B. 4107.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     Com. Sub. for S. B. 501 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend said code by adding thereto a new section, designated §33- 24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of hearing aids for individuals under eighteen years of age; providing for an effective date for coverage; providing definitions; setting age limitations; providing for coverage limits and time frames; providing that the provisions are only required to the extent required by federal law; and modifying required benefits for accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations"; 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
     S. B. 544
- "A Bill to amend and reenact §17C-13A-3 of the Code of West Virginia, 1931, as amended, relating to Diesel-Powered Motor Vehicle Idling Act; regulating the idling time of a diesel-powered motor vehicle; exceptions; and extending the expiration date of exemptions for occupied vehicles with sleeper-berth compartments from May 1, 2012, to May 1, 2017"; which was referred to the Committee on Roads and Transportation then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     Com. Sub. for S. C. R. 16 - "Requesting the Division of Highways to name the bridge on WV Route 82, crossing South Fork Fishing Creek in Wetzel County, bridge number 52-82-0.03, as the 'Ralph Ice Bridge'."
     Whereas, Ralph Ice was born on March 31, 1921, in Smithfield, West Virginia, one of twelve children of Esten and Flossie Bell Ice; and
     Whereas, Ralph Ice enlisted in the United States Army in 1942, and was sent to fight in Battle of the Bulge in 1944; and
     Whereas, Ralph Ice was a member of the 89th Infantry Division that liberated Ohrdruf, the first Nazi concentration camp to be liberated by U. S. Troops in Germany, on April 4, 1945; and
     Whereas, Ralph Ice was awarded the Bronze Star Medal, the Combat Infantry Medal, and a medal for Service Behind Enemy Lines, all earned for his brave service in Germany, England, Belgium and Austria; and
     Whereas, Ralph Ice married Fairy Louise LaSure Kelley in 1946, and together they moved to Jacksonburg, WV, where they raised six children and two foster children; and
     Whereas, Ralph Ice was the longest serving Postmaster of Jacksonburg, serving thirty-nine years from 1948 until 1986; and
     Whereas, Ralph Ice was the President of the Jacksonburg School PTA and the Sportsman's Club of Buffalo, and was instrumental getting the Jacksonburg streets paved; and
     Whereas, Ralph Ice and his family moved to New Martinsville in 1972, where they opened Magnolia Carpet Store; and
     Whereas, It is fitting to honor Ralph Ice for his life-long service to our nation and his community; and
     Whereas, The naming of a bridge in honor of Ralph Ice's exemplary life is but a small gesture of gratitude and appreciation; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the bridge on WV Route 82, crossing South Fork Fishing Creek in Wetzel County, bridge number 52-82-0.03, as the "Ralph Ice Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Ralph Ice Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of Highways, Ralph Ice and the family of Ralph Ice.
Special Calendar

Unfinished Business

     
H. C. R. 20, The "SP5 Lynn Waitman Peters Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. C. R. 70, The "Jones Brothers Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk.
     On motion of Delegate Perry, the resolution was amended on page two, line twenty, following the word "his", by striking out the words "entire family of siblings" and inserting the word "brothers".
     And,
     On page three, line eighteen, by striking out the words "the closest" and inserting the words "a close".
     The question before the House being the adoption of the resolution, as amended, the same was put and prevailed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. C. R. 74, Requesting the state congressional delegation to ask the US Department of State to make certain demands on the government of the United Arab Emirates; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. C. R. 76, The "Cory Matthew Price Memorial Road"; coming up in regular order, as unfinished business, was reported by the Clerk.
     On motion of Delegate Butcher, the resolution was amended on page three, by striking out the paragraph following the resolved clause and inserting in lieu thereof the following:
     "That the Division of Highways provide an honorary name to a one mile section of County Route 03/00 beginning at the northernmost intersection in the town of Chapmanville and ending at the corporate boundary limits, the "Cory Matthew Price Memorial Road'; and, be it".
     On page three, line thirteen, following the first "the" by inserting the words "honorary section of the".
     And,
     By amending the title of the resolution to read as follows:
     H. C. R. 76 - "Requesting the Division of Highways provide an honorary name to a one mile section of County Route 03/00 beginning at the northernmost intersection in the town of Chapmanville and ending at the corporate boundary limits, the 'Cory Matthew Price Memorial Road'."
     The question before the House being the adoption of the resolution, as amended, the same was put and prevailed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. C. R. 81, The "Joe 'Bug' Marcum Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Today being Friday, the House of Delegates proceeded to the consideration of business on the Local Calendar.
Local Calendar

          Third Reading

     
Com. Sub. for H. B. 4630, Modifying the membership of the Braxton County Recreational Development Authority; 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. 103), 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, Givens, Michael and L. Phillips.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4630) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 104), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Gearheart and Howell.
     Absent and Not Voting: Crosier, Fragale, Givens, Michael and L. Phillips.
     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. 4630) 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.
     The Local Calendar having been disposed of, the House of Delegates proceeded to further business on the Special Calendar.
Special Calendar

-Continued-

Third Reading

     Com. Sub. for S. B. 379, Authorizing Board of Registered Professional Nurses designate certain treatment and recovery programs for licensees;
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. 105), 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, Givens, Michael and L. Phillips.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 379) 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. 2740, Making covenants that restrict the installation or use of solar energy systems unenforceable ; 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. 106), and there were--yeas 83, nays 12, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Carmichael, Gearheart, Householder, Lane, Marcum, J. Miller, Nelson, Savilla, Walters and White.
     Absent and Not Voting: Crosier, Fragale, Givens, Michael and L. Phillips.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2740) 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. 4028, Authorizing the temporary suspension of certification of emergency medical service personnel or licensure of emergency medical service agencies without a hearing or prior notice if there is probable cause; 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. 107), 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, Givens, Michael and L. Phillips.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4028) 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. 4037, Relating to the professional and occupational licensure and registration of former and current members of the Armed Forces of the United States; 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. 108), 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, Givens, Michael and L. Phillips.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4037) 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. 4530, Authorizing the Public Service Commission to consider and issue a financing order to certain regulated electric utilities to permit the recovery of expanded net energy costs; 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. 109), 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, Givens, Michael and L. Phillips.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4530) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 110), and there were--yeas 94, nays 1, absent and not voting 5, with the absent and not voting being as follows:
     Nays: Howell
     Absent and Not Voting: Crosier, Fragale, Givens, Michael and L. Phillips.
     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. 4530) 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.
Second Reading

     
Com. Sub. for H. B. 2278, Authorizing the use of additional medium for use in archiving government records; 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. 4236, Relating to exclusions from the definition of professional personnel for evaluation purposes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 4322, Adding coyote and fox to the list of species in which any color artificial light is permitted for hunting at night; 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. 4424, Relating to modified mental hygiene procedures; 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. 4486, Relating to the disclosure of insurance coverage; on second reading, coming up in regular order, was read a second time.
     At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with restricted right to amend by Delegate Miley, and the rule was suspended to permit the consideration of the amendment on that reading.
     H. B. 4583, Changing certain deadlines associated with the termination, resignation and transfer of school personnel; 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. 4030, Prioritizing the payment of fees, costs, bonds, fines or other sums charged or assessed in magistrate courts in civil and criminal matters,
     Com. Sub. for H. B. 4068, Providing that antique motor vehicles be valued at their salvage value for personal property tax purposes,
     H. B. 4274, Expanding the authority of the Commissioner of Banking over regulated consumer lender licensees, and providing a penalty for violations,
     Com. Sub. for H. B. 4281, Increasing the supplemental pay of members of the West Virginia State Police,
     Com. Sub. for H. B. 4332, Relating to transfer of service credit from Public Employees Retirement System to Emergency Medical Services Retirement System,
     H. B. 4357, Modifying the bonding requirement for closing-out sales,
     Com. Sub. for H. B. 4392, Compensating all state magistrates, magistrate assistants, magistrate court clerks equally,
     Com. Sub. for H. B. 4475, Reducing federal adjusted gross income for recent graduates of higher education institutions,
     Com. Sub. for H. B. 4488, Reforming, altering or modifying a county commission,
     Com. Sub. for H. B. 4645, Changing the membership requirements for a board of governors,
     And,
     H. B. 4648, Implementing a domestic violence court pilot project.
     At 11:53 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 3:00 p.m., and reconvened at that time.
* * * * * * *

Afternoon Session

* * * * * * *

     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     H. B. 4626, Increasing state police principal supervisors to nineteen,
     And reports the same back with the recommendation that it 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. 2046, Exempting from the sales and use tax special equipment installed in a motor vehicle for the use of a person with physical disabilities,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2046 - "A Bill to amend and reenact §11-15-9i of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17A-3-4a, all relating to special equipment installed in a motor vehicle for the use of a person with physical disabilities; excluding the equipment from the sales and use tax; and excluding the value of equipment when determining the value of the vehicle for imposition of the tax on the privilege of effecting the certification of the title of the vehicle,"
     H. B. 4077, Relating to activities that may be performed by a dental hygienist without a prior exam by a dentist,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4077 - "A Bill to amend §30-4-17 of the Code of West Virginia, 1931, as amended, relating to activities that may be performed by a dental hygienist without a prior exam by a dentist,"
     H. B. 4310, Prohibiting sex offenders from living or working within one thousand feet of the outer perimeter of a school, child care facility, playground or a victim's home,
     And reports back a committee substitute, therefor, with a new title, as follows:
     Com. Sub. for H. B. 4310 - "A Bill to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to limitations and restrictions placed on sex offenders who have been adjudicated as violent sexual predators or who are under active supervision as a condition of release on parole or probation; and clarifying the statutory restrictions against such persons living or working within one thousand feet of a school, child care facility or residence of a former victim; defining terms,"
     H. B. 4438, Provider Sponsored Network Act,
     And reports back a committee substitute, therefor, with a new title, as follows:
     Com. Sub. for H. B. 4438 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4, §16-2L-5, §16-2L-6, §16-2L-7, §16-2L-8, §16-2L-9, §16-2L-10, §16-2L-11, §16-2L-12, §16-2L-13 and §16- 2L-14, all relating to creating the Provider Sponsored Network Act; stating the purpose; making legislative findings; defining terms; describing the services to be performed and programs to be undertaken by a provider sponsored network; authorizing the Secretary of the Department of Health and Human Resources to recognize provider sponsored networks; assigning medicaid beneficiaries to a provider sponsored network; authorizing the Secretary of the Department of Health and Human Resources to contract with a provider sponsored network; providing for payment for services provided by a provider sponsored network; providing for participation of health care providers in a provider sponsored network; providing an exemption from anti-trust laws; addressing business and insurance risk; addressing insurance regulation of provider sponsored networks; requiring studies and reports; providing for shared savings with the state and defining the shared amounts; providing minimum capital and surplus amounts; requiring that the designation of provider sponsored networks be an open application process; providing rule-making authority and providing that reimbursement for reasonable costs will be paid by the network,"
     H. B. 4547, Creating the West Virginia Innovation Free-Trade Business Technology Property Valuation Act and the West Virginia Innovation Free-Trade Tax Credit Act,
     And reports back a committee substitute, therefor, with the same title, as follows:
     Com. Sub. for H. B. 4547 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11-6L-7; and to amend said code by adding thereto a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4, §11-13CC-5, §11-13CC-6, §11-13CC-7, §11-13CC-8, §11-13CC-9, §11-13CC-10, §11-13CC-11, §11-13CC-12, §11-13CC-13, §11-13CC-14, §11-13CC-15, §11-13CC-16, §11-13CC-17 and §11-13CC-18, all relating to creating the West Virginia Innovation Free-Trade Business Technology Property Valuation Act and the West Virginia Innovation Free-Trade Tax Credit Act; defining terms; specifying method for valuation of certain property; providing for application to county assessors by specified date; providing procedure for protest and appeal of determination by county assessor; requiring the West Virginia Development Office to report to the Joint Committee on Government and Finance on the economic impact; specifying effective date; making legislative findings; allowing credits and exemptions from certain taxes; providing for computation of credit, application of credit and period for which credit is allowed; requiring application to claim credit; requiring that new jobs be good-paying jobs with health benefits; requiring identification of investment credit property and recomputation of credit in event of premature disposition of investment property; providing for forfeiture of unused tax credits and redetermination of credit allowed; imposing recapture tax under specified circumstances to recover state taxes and property taxes; allowing transfer of qualified investment to successors; providing for tax credit review and accountability; specifying effective date and termination date; providing rule-making authority; and providing a severability clause,"
     And,
     H. B. 4613, Relating to development of broadband infrastructure and broadband deployment in this state,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4613 - "A Bill to amend and reenact §31-15A-2 of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto sixteen new sections, designated §31-15A-9a, §31-15A-9b, § 31-15A-10a, §31-15A-11a, §31-15A-12a, §31-15A-13a, §31-15A-14a, §31-15A-15a, §31-15A-17c, §31-15A-18a, §31-15A-19a, §31-15A-20a, §31-15A-21a, §31-15A-22a, §31-15A-23a and §31-15A-24a, all relating generally to development of broadband middle mile infrastructure in this state; defining terms in West Virginia Infrastructure and Jobs Development Act; creating separate infrastructure fund for broadband middle mile infrastructure projects and providing for deposits and expenditures from the fund; giving additional powers to Infrastructure and Jobs Development Council and Water Development Authority regarding broadband middle mile infrastructure projects; creating advisory committee to advise Infrastructure and Jobs Development Council on disposition of applications for grants and loans; providing process for review of applications by Development Office; requiring notice of public hearing on applications for grants and loans, providing for hearings and public comment period; creating Infrastructure Fund for Broadband Middle Mile Infrastructure Revenue Debt Service Fund; providing for disposition of funds on termination or dissolution of authority; providing that broadband middle mile projects funded by authority are public improvements under specified circumstances; authorizing authority to issue broadband middle mile revenue bonds; creating Broadband Middle Mile Infrastructure Debt Service Fund; providing for funding of debt service fund; specifying requirements for and manner of issuance of bonds; providing for contents of trust agreement and trustee for bonds; specifying legal remedies of bondholders, noteholders and trustee; making broadband middle mile infrastructure revenue bonds lawful investments; providing for purchase, cancellation and refunding of bonds; specifying that bonds are not debt of state or any political subdivision thereof and are exempt from taxation,"
     With the recommendation that the committee substitutes each do pass.
     On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:
     By Delegates M. Poling and Paxton:
     
H. B. 4655 - "A Bill to amend and reenact §18A-4-8e of the Code of West Virginia, 1931, as amended, relating to school service personnel certification; modifying the conditions for issuance and revocation of certain certification; and specifying authority of county board regarding issues not related to certification".
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4542, Relating to unemployment compensation benefits,
     And,
     H. B. 4549, Imposing a monetary penalty on unemployment compensation recipients for obtaining benefits through the use of fraudulent statements,
     And reports the same back with the recommendation that they each 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. 4256, Relating to captive insurance,
     And reports back committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4256 - "A Bill to amend and reenact §33-31-2 of the Code of West Virginia, 1931, as amended, relating to captive insurance; limiting risk retention groups' risks on single subjects of insurance; and requiring captive insurance companies to notify the insurance commissioner of any material changes to certain information,"
     H. B. 4261, Relating to review of state administrative agency rule-making,
     And reports back a committee substitute therefor, with the
same title, as follows:
     Com. Sub. for H. B. 4261 - "A Bill to amend and reenact §29A-1-2 and §29A-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §29A-3-1a, §29A-3-4, §29A-3-6, §29A-3-8, §29A-3-15, §29A-3-15a and §29A-3-15b of said code; and to amend said code by adding three new sections, designated §29A-3-1c, §29A-3-1d and §29A-3-9a, all relating to review of state administrative agency rule-making; defining terms; altering designation of types of rules that have not been approved by the Legislature and that are exempt from legislative review; establishing deadline for action by agency action for certain proposed rules before the rule is deemed withdrawn; requiring agency response to public comments; requiring all sections of a rule be filed when agency proposing rule amendment; providing for methodology for repeal of rules; establishing new publishing and rule-making requirements for certain Department of Health and Human Services policy manuals; providing new process for review and approval of legislative rules incorporating federal mandated requirements; revising emergency rule-making process to allow for public comment, more information, and extended comment period; providing new process for provisional legislative rules; and altering certain agency filing requirements,"
     With the recommendation that the committee substitutes each 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. 4296, Authorizing licensing boards to require applicants to submit to criminal background checks,
     And,
     H. B. 4523, Relating to the Bureau for Child Support enforcement and reporting employment and income of an independent contractor,
     And reports the same back with the recommendation that they each 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. 2252, Limiting liability for persons donating and charitable organizations accepting certain food and grocery items,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2252 - "A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §55-7D-6; relating to limiting liability for persons donating and charitable organizations accepting certain food and grocery items; and directing the Department of Health to promulgate a legislative rule establishing exceptions from commercial food preparation and distribution requirements for certain prepared and donated food stuffs that comply with the promulgated rule,"
     H. B. 4118, Including the surviving spouse and a designated individual previously chosen by the deceased as a person who may designate the manner of disposition of a deceased person's body,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4118 - "A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-12-9 of said code, generally relating to cremation; definition of persons authorized to order cremation; inquiry about deceased's desires; individuals authorized to express desires of the deceased; definition of person authorized to agree to a cremation contract; and establishing an order of precedence among persons as to cremation and disposition of remains,"
     And,
     H. B. 4301, Relating to reimbursement for copies of medical records,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4301 - "A Bill to amend and reenact §16-29-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-29-2 of said code, all relating to reimbursement for copies of medical records; copies of medical records in electronic format; and limiting the reimbursement fee for electronic records,"
     With the recommendation that the committee substitutes each do pass.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     H. B. 4504, Relating to development and operation of a nursing home on the grounds of a nonprofit community health care organization,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4504 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-5c, relating to development and operation of a nursing home on the grounds of a nonprofit community health care organization; meeting certain restrictions and exempting them from nursing home moratorium,"
     H. B. 4506, Relating to absentee ballot fraud,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4506 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-9-14, relating to absentee ballot fraud and providing felony criminal penalties,"
     And,
     H. B. 4585, Exempting volunteer fire departments from the definition of "public authority" if they are constructing a facility to replace one that has been destroyed,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4585 - "A Bill to amend and reenact §21-5A-3 and §21-5A-6 of the Code of West Virginia, 1931, as amended, relating to wages for construction of public improvements by volunteer fire departments,"
     With the recommendation that the committee substitute do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4647, Relating to funeral expenses for indigent persons,
     And reports the same back with the recommendation that it do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     On motion for leave a bill was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do pass), which was read by its title, as follows:
     By Delegates Morgan and Stephens:
     
H. B. 4654 - "A Bill to amend and reenact §5-10D-6 of the Code of West Virginia, 1931, as amended, relating to voluntary deductions by the Consolidated Public Retirement Board from monthly benefits to pay retiree organization dues; requiring the Consolidated Public Retirement Board to provide mailing services upon request of certain retiree organizations; authorizing the Consolidated Public Retirement Board to contract with a third party to provide mailing services if the third party agrees to maintain the confidentiality of the list; providing that the Consolidated Public Retirement Board is not liable for providing the mailing lists; and terminating the authority to request and provide mailing services as of a certain date."
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4263, Procurement of Domestic Products Act,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4263 - "
A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §5I-1-1, §5I-1-2, §5I-1-3, §5I-1-4, §5I-1-5 and §5I-1-6, all relating to creating the West Virginia Buy American Act; requiring any public agency construction contracts for public buildings or public works which utilize state grants or state loans in part to finance all or part of the construction costs to contain a provision requiring that the iron, steel, manufactured goods, coal and timber used or supplied for the project be manufactured or produced in the United States; permitting waivers; waivers and exemptions; providing remedies for intentional violations; defining terms; making findings; and declaring policy,"
     H. B. 4459, Creating a juvenile sex offender registration,
     And reports back a committee substitute, therefor, with a new title, as follows:
     Com. Sub. for H. B. 4459 - "A Bill to amend and reenact §15-12-2, §15-12-5 and §15-12-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5-13b of said code, all relating to authorizing a court to require a convicted juvenile sex offender whose underlying offense constitutes a first or second degree sexual assault and who is sixteen years of age or older to register as a sex offender; and maintaining confidentiality of juvenile sex offender registration information except for disclosure to law enforcement, school administration and counsel until the juvenile attains the age of eighteen years,"
     H. B. 4514, Updating the Wholesale Drug Distribution Act of 1991,
     And reports back a committee substitute, therefor, with the same title, as follows:
     Com. Sub. for H. B. 4514 - "A Bill to repeal §60A-8-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-8-3, §60A-8-5 and §60A-8-7 of said code; and to amend said article by adding thereto three new sections, designated §60A-8-14, §60A-8-15 and §60A-8-16, all relating generally to wholesale drug distributors licensed by Board of Pharmacy; specifying purpose of article; defining terms; specifying wholesale drug distributor licensing requirements; specifying powers of Board of Pharmacy; authorizing board to take certain disciplinary action against licensees, including civil penalties; providing for register of wholesale and pharmacy distributors of prescription drugs; and providing for the disposition of fees,"
     H. B. 4572, Relating to school service personnel classification and compensation,
     And reports back a committee substitute, therefor, with a new title, as follows:
     Com. Sub. for H. B. 4572 - "A Bill to amend and reenact §18-20-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-2-4 of said code; and to amend and reenact §18A-4-8 and §18A-4-8a of said code, all relating to school service personnel classification and compensation; modifying and updating certain classification titles; modifying certain pay grade levels; providing for additional compensation in certain circumstances; and modifying the conditions for issuance and revocation of certain certifications,"
     And,
H. B. 4636 Authorizing a responsible parent pilot project,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for 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 a responsible parent program pilot project; authorizing Department of Health and Human Resources in conjunction with the Division of Corrections to create the pilot project; providing criteria to participate in the project; providing educational topics for the project; and providing reporting requirements,"
     With the recommendation that the committee substitutes each do pass.
Remarks by Members

     Delegate Staggers asked and obtained unanimous consent that the remarks of Delegate Moye regarding prescription drug addition be printed in the Appendix to the Journal.
Miscellaneous Business

     Delegate Nelson noted to the Clerk that he was absent when the votes were taken on Roll Nos. 97 through 100, and that had he been present, he would have voted "Yea" thereon.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Crosier, Fragale, Givens, Michael and L. Phillips.
     At 3:12 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 27, 2012.

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