hdj2012-02-28-49
__________*__________
Tuesday, February 28, 2012
FORTY-NINTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 27, 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.
Resolutions Introduced
Delegates Longstreth, Caputo, Manchin, Barker, D. Poling, Staggers and Frazier offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 93 - "Requesting the Joint Committee on Government and Finance to study issues surrounding bullying in the workplace and possible remedies for hostile work environments."
Whereas, The social and economic well-being of the state is dependent upon healthy and
productive employees; and
Whereas, Between thirty-seven percent and fifty-nine percent of employees directly
experience health-endangering workplace bullying, abuse and harassment and this mistreatment is
approximately four times more prevalent than sexual harassment alone; and
Whereas, Workplace bullying, mobbing and harassment can inflict serious harm upon
targeted employees including feelings of shame and humiliation, severe anxiety, depression, suicidal
tendencies, cardiovascular disease and symptoms consistent with posttraumatic stress disorder; and
Whereas, Abusive work environments can have serious consequences for employers
including reduced employee productivity and morale, higher turnover and absenteeism rates and
increases in medical and workers' compensation claims; and
Whereas, If mistreated employees who have been subjected to abusive treatment at work
cannot establish that the behavior was motivated by race, color, sex, sexual orientation, national
origin or age, they are unlikely to be protected by the law against such mistreatment; and
Whereas, Legal protection from abusive work environments should not be limited to
behavior grounded in protected class status as that provided under employment discrimination
statuses; and
Whereas, Existing workers' compensation plans and common-law tort actions are
inadequate to discourage this behavior or to provide adequate relief to employees who have been
harmed by abusive work environments; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study issues
surrounding bullying in the workplace and possible remedies for hostile work environments; and,
be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations together with
drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Frazier, Ellington and Gearheart offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 94 - "Requesting the Division of Highways to name a section of Rt. 104 in
Princeton, West Virginia, beginning at the intersection with Rt. 20, known as the Princeton-Athens
Crossroads, and extending west on Rt. 104 along Roger Street, Brick Street and Stafford Drive to
the intersection with Rt. 19 at the corner of Stafford Drive and Courthouse Road, the 'Hunnicutt
Family Highway'."
Whereas, H.P. and Anne S. Hunnicutt moved to Princeton, West Virginia in the 1930's,
after they were awarded a Pepsi-Cola franchise there; and
Whereas, The Hunnicutt's Pepsi-Cola operation persevered through the Depression, World
War II, a coal shortage in the late 1940's and a major plant fire in 1964 to become a thriving and
prosperous business. In the 1970's the Hunnicutts added additional Pepsi-Cola bottling franchises
in Huntington and Parkersburg, and added other regional warehouses around the state; and
Whereas, The Hunnicutt's Pepsi-Cola franchises were so successful they were eventually
purchased by RKO Bottlers, a subsidiary of RKO Pictures of Hollywood, California; and
Whereas, The Hunnicutts were investors and partners in numerous other successful business
ventures in the Princeton area, and were also active in civic affairs; and
Whereas, In 1987, H.P. Hunnicutt decided to use the success of his business operations to
establish the H.P. and Anne S. Hunnicutt Foundation to give back to the community which had
supported him and had helped his Pepsi business survive a depression, a war, a coal shortage and
a fire; and
Whereas, In 1988, the foundation provided funding for its first of many projects in the
community when the Anne S. Hunnicutt Stadium was built, which is the home of the Princeton High
School Tigers football team; and
Whereas, Since that beginning, the H.P. and Anne S. Hunnicutt Foundation has provided
major funding to numerous other important projects in southern West Virginia, including H.P.
Hunnicutt Field, which is the home of the Princeton Rays minor league baseball team and the
Princeton High School Tigers baseball team; the Ann "Dink" Stafford Princeton Public Library,
which was a $4 million renovation project that turned a former post office into a beautiful new
library; the Chuck Mathena Center, which is a modern, state of the art performing arts center; the
Princeton High School Soccer Complex; the Mercer County Civil Air Patrol's new headquarters
facility; and the Fellowship Hall of the First United Methodist Church; and
Whereas, In addition to such major "brick and mortar" projects, the H.P. and Anne S.
Hunnicutt Foundation has provided support for numerous other projects in southern West Virginia
such as establishing wrestling programs at Princeton High School, Bluefield High School and
Pikeview High School, and supported numerous charitable organizations such as the Salvation
Army and the Tender Mercies Food Ministry; and
Whereas, Sadly, Anne S. Hunnicutt passed away in 1989 and Harold P. Hunnicutt passed
away in 1991, but their wonderful legacy continues today; and
Whereas, Since their passing, the H.P. and Anne S. Hunnicutt Foundation has been
administered by the Hunnicutt children, grandchildren and great-grandchildren, and today the
Foundation continues to give back to the community as H.P. and Anne had envisioned at the
Foundation's inception in 1987; and
Whereas, The descendants of H.P. and Anne S. Hunnicutt who have continued the
Foundation's work include their late children, Jodi Sarver and her husband, James "Buck" Sarver
(also deceased), and Ann "Dink" Stafford and her husband, William "Bill" Stafford; their
grandchildren and their wives, Mr. and Mrs. James "Jim" Sarver, Mr. and Mrs. William "Will" Stafford, and Mr. and Mrs. Joseph "Joe" Stafford; and their great-grandchildren and their wives, Mr.
and Mrs. James "Rusty" Sarver and Mr. and Mrs. Adam Sarver; and
Whereas, It is only fitting and proper that we hereby acknowledge the enduring
contributions of Harold P. and Anne S. Hunnicutt and their descendants who have done so much to
enrich the lives of the people of Princeton and greater southern West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is requested to name a section of Rt. 104 in Princeton, West
Virginia, beginning at the intersection with Rt. 20, known as the Princeton-Athens Crossroads, and
extending west on Rt. 104 along Roger Street, Brick Street and Stafford Drive to the intersection with
Rt. 19 at the corner of Stafford Drive and Courthouse Road, the "Hunnicutt Family Highway"; and,
be it
Further Resolved, That the Division of Highways is requested to have made, and be placed,
signs identifying the highway as the "Hunnicutt Family Highway"; 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, to the City of Princeton, to William
"Bill" Stafford, Mr. and Mrs. James "Jim" Sarver, Mr. and Mrs. William "Will" Stafford, Mr. and
Mrs. Joseph "Joe" Stafford, Mr. and Mrs. James "Rusty" Sarver and Mr. and Mrs. Adam Sarver.
Mr. Speaker, Mr. Thompson, and Delegates Morgan, Craig, C. Miller, Reynolds, Sobonya,
Stephens, Perdue, Anderson, Armstead, Ashley, Boggs, Border, Butcher, T. Campbell, Caputo,
Carmichael, Fragale, Frazier, Givens, Hamilton, Hartman, Hatfield, Martin, Miley, Moore, Moye,
Paxton, Perry, L. Phillips, R. Phillips, D. Poling, M. Poling, Rodighiero, Smith, Staggers, Stowers,
Sumner, Talbott, Varner, Wells and White offered the following resolution, which was read by the
Clerk as follows:
H. R. 31 - "Designating February 28, 2012 as 'Marshall University Day'."
Whereas, 2012 marks the 175
th anniversary of Marshall University, the oldest institution of
higher education in West Virginia founded in 1837 as Marshall Academy in honor of Chief Justice John Marshall; and
Whereas, Marshall University is one of the state's premier institutions of higher education,
and educates more than 14,000 students at campuses in Huntington, Point Pleasant, South Charleston,
Beckley, Logan and Gilbert; and
Whereas, Marshall University offers degrees at the associate, baccalaureate, master's and
doctoral levels; and
Whereas, A university-record 2,003 new freshmen enrolled at Marshall University in fall
2011; and
Whereas, At this time of unprecedented growth, Marshall University has begun construction
on more than $100 million in new capital projects; and
Whereas, Marshall University has built a national reputation for research in biotechnology,
forensics and medicine; and
Whereas, 10 new high-demand degree majors or programs have recently been launched or
are under development; and
Whereas, With every dollar the State invests in Marshall University, the University generates
nearly $20 spent in the West Virginia economy, resulting in an estimated economic output of $1.5
billion per year; and
Whereas, Marshall University is creating new, high-value job opportunities through the
Marshall Institute for Interdisciplinary Research as part of West Virginia's Bucks for Brains
initiative; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing serves all 55
state counties providing expertise to manufacturers across West Virginia; and
Whereas, The Nick J. Rahall, II Appalachian Transportation Institute of Marshall University
is setting national standards in transportation; and
Whereas, Marshall University's Health Sciences train hundreds of West Virginians to serve
as doctors, nurses, therapists and health technicians each year; and
Whereas, Marshall University graduates number nearly 82,000 across the globe; therefore,
be it
Resolved by the House of Delegates:
That the House hereby designates February 28, 2012, as Marshall University Day; and
Further Resolved, That the House hereby recognizes Marshall University for its tremendous
contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk forward a copy of this resolution to Stephen J. Kopp,
President of Marshall University.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H.
R. 31) to a committee was dispensed with, and it was taken up for immediate consideration and
adopted.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4396, West Virginia Fire, EMS and Law-Enforcement Officer Survivor Benefit Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4396 - "A Bill to amend and reenact §5H-1-1, §5H-1-2 and §5H-1-3 of
the Code of West Virginia, 1931, as amended, all relating to authorizing a death benefit to the
surviving spouse or designated beneficiary or contingent beneficiaries of law-enforcement officers
who die in the performance their duties,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Boggs, and by unanimous consent, the bill (Com. Sub.
for H. B. 4396) was taken up for immediate consideration, read a first time and ordered to second
reading.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 100, Relating to fees collected by circuit court clerks,
S. B. 205, Relating to construction zone signage,
S. B. 385, Expanding definition of "computer"in commission of certain crimes,
Com. Sub. for S. B. 429, Relating to motor vehicle classifications,
And,
Com. Sub. for S. B. 434, Providing suggestion and suggestee execution contain certain
information,
And reports the same back with the recommendation that they each do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of
concurrent resolutions of the House of Delegates as follows:
H. C. R. 6, The "John Charles Giese Memorial Bridge",
H. C. R. 19, The "Staff Sergeant Raymond Armentrout Memorial Bridge",
H. C. R. 26, The "Worthington Veterans Bridge",
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,
H. C. R. 32, Erecting signs at either end of Quite Dell, Harrison County, that reads "Home of
Hershel Woodrow 'Woody' Williams: United States Congressional Medal of Honor Recipient",
H. C. R. 51, The "Robert Earchil Adams Memorial Bridge",
H. C. R. 63, The "Dewayne Phillip Morgan Memorial Bridge",
H. C. R. 72, The "Tim Belt Memorial Bridge",
H. C. R. 78, The "Staff Sergeant Sidney H. Blankenship Memorial Bridge",
H. C. R. 86, The "USMC PFC Woodrow Wilson Barr Memorial Bridge",
And,
H. C. R. 87, The "U.S. Army Tech/Sgt. James 'Aubrey' Stewart Memorial Highway".
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. 76 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating to
requiring new building construction projects of public agencies and projects receiving state funds to
be designed and constructed complying with the ICC International Energy Conservation Code and the
ANSI/ASHRAE/IESNA Standard 90.1-2007"; which was referred to the Committee on Government
Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 212 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-49b, relating to the disruption of communications and
public utility services; defining terms; and establishing criminal penalties"; which was referred to the
Committee on Government Organization 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. 386 - "A Bill to amend and reenact §11-24-13f of the Code of West Virginia, 1931, as
amended, relating to taxation of water's-edge corporations; and providing for clarification of the entities to be included in a water's-edge group for corporation net income tax purposes"; which was
referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 514 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-9D-11, relating to providing that any person who
maintains a roll-your-own cigarette machine at a retail establishment is deemed a manufacturer of
cigarettes and that the resulting product is deemed to be cigarettes sold to a consumer for purposes of
the Tobacco Master Settlement Agreement, enforcement of the Tobacco Master Settlement Agreement,
tobacco products excise tax and reduced cigarette ignition propensity"; which was referred to the
Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 521 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5-16-27, relating to the subrogation rights of the Public
Employees Insurance Agency to recover claims paid on behalf of covered employees and dependents";
which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 547 - "A Bill to amend and reenact §61-11-26 of the Code of West
Virginia, 1931, as amended, relating to the expungement of certain criminal convictions generally;
permitting expungement of certain felony convictions; establishing the amount of time after conviction of felony before expungement may be sought; and creating exceptions"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 572 - "A Bill to amend and reenact §30-7-1 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new section, designated §30-7-1a; and to
amend and reenact §30-7-15a, §30-7-15b and §30-7-15c of said code, all relating to replacing the term
'advanced nurse practitioner' with 'advanced practice registered nurse'; providing a new definition;
making technical corrections; and providing a grandfather clause; permitting the West Virginia Board
of Examiners for Registered Professional Nurses to set an application fee; and providing rule-making
authority"; which was referred to the Committee on Health and Human Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2012, and
requested the concurrence of the House of Delegates in the passage, of
S. B. 579 - "A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as
amended, relating to the Surface Coal Mining and Reclamation Act; special reclamation tax and funds;
and continuing and reimposing the special reclamation tax on clean coal mined at an increased rate";
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. 596 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §61-8C-3a, relating to prohibiting child erotica; creating a misdemeanor
offense for producing, possessing, displaying or distributing child erotica; providing criminal penalty;
and defining terms"; 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. 606 - "A Bill to amend and reenact §60A-7-706 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto six new sections, designated §61-8C-6, §61-8C-7,
§61-8C-8, §61-8C-9, §61-8C-10 and §61-8C-11, all relating to forfeiture of certain property; correcting
a technical error; stating legislative findings; providing for the forfeiture of certain materials related
to recording sexually explicit conduct of minors or soliciting minors; establishing a procedure for
seizure of forfeitable property; creating procedures for forfeiture; setting process for disposition and
distribution of forfeited moneys, securities and negotiable instruments; and creating process for
disposition and distribution of other forfeited properties"; which was referred to the Committee on the
Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and
requested the concurrence of the House of Delegates in the passage, of
S. B. 646 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §18-2-6b, relating to the General Educational Development Diploma (GED);
making legislative findings; setting forth legislative intent; and requiring the State Board of Education
to study GED issues and make a report with recommendations by a certain date"; which was referred
to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and
requested the concurrence of the House of Delegates in the passage, of
S. B. 650 - "A Bill making a supplementary appropriation of public moneys out of the Treasury
from the balance of moneys remaining as an unappropriated balance in the State Fund, General
Revenue, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2012, organization 0511, by supplementing and amending the appropriation for the fiscal
year ending June 30, 2012"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 656 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4, §16-1C-5,
§16-1C-6 and §16-1C-7, all relating generally to requiring health care providers to wear identification
badges; setting forth legislative findings and purpose; providing definitions; establishing identification
badge requirement; setting forth exemptions; addressing enforcement providing for applicability; and
granting rule-making authority"; which was referred to the Committee on Health and Human
Resources.
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:
S. C. R. 43 - "Requesting the Division of Highways to name the bridge on U. S. Route 33,
crossing Henry's Fork in Roane County, bridge number 44-33-20.43, as the 'Corder Bridge'."
Whereas, This bridge on the Roane-Calhoun county line has informally been known as the
"Corder Bridge" for decades; and
Whereas, Joseph A. Corder, 1854-1932, owned the land on which the bridge currently stands,
having inherited the property, extending into both Calhoun and Roane Counties, from Jeremiah and
Sarah Mace, who adopted Joseph at a young age; and
Whereas, Henry's Fork, the stream that flows beneath the bridge, was named after Henry
Mace, an ancestor of Jeremiah; and
Whereas, The Corder Family was a prominent family in west-central West Virginia; and
Whereas, Joseph A. Corder was a member of the district board of education and a member
of the Roane County Court; and
Whereas, Joseph A. Corder was instrumental in having the first bridges built in Roane
County; and
Whereas, Edward Corder, Joseph's brother, was a respected attorney in Spencer, West
Virginia; and
Whereas, It is fitting to honor the historical legacy of the Corder family in Roane and Calhoun
Counties; and
Whereas, The Calhoun County Historical Society, the Calhoun County Commission, the
Grantsville Lions Club, West Fork Community Action, Inc. and descendants of the Corder family all
support the official naming of said bridge as the "Corder Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on U. S.
Route 33, crossing Henry's Fork in Roane County, bridge number 44-33-20.43, as the "Corder
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 "Corder 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 Calhoun County Historical
Society; the Calhoun County Commission; the Grantsville Lions Club; West Fork Community Action,
Inc; and Harley Downs, representing the Corder family descendants.
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:
S. C. R. 44 - "Requesting the Division of Highways to name a portion of Interstate 79 at the
exit 152 (Westover/Morgantown) interchange, as the 'Charles J. Whiston Interchange'."
Whereas, Charles J. Whiston worked in the local coal mines while attending Morgantown
High School and after graduation. He is a lifetime member of Westover United Methodist Church,
where he taught Sunday School service of fifty-seven years. He began his outstanding political career
as deputy sheriff in the late 1940's and served six years as an elected Monongalia County
Commissioner beginning in 1952. He served two terms as elected Mayor of the City of Westover,
served as elected State President of the West Virginia Sheriff's Association, served as the State
President of the West Virginia County Commissioner Association, was named West Virginia Sheriff
of the year in 1975 and 1976 and was honored with an appointment to the West Virginia Sheriff's
Bureau by Governor Jay Rockefeller in June, 1979; and
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:
S. C. R. 47 - "Requesting the Division of Highways to name that portion of WV Route 129 in
Nicholas County, from its intersection with U. S. Route 19, northeast to its intersection with WV
Route 41 in Mt. Nebo, West Virginia, and that portion of WV Route 41, from its intersection with WV
Route 129, north to its intersection with U. S. Route 19 in Nicholas County, as 'St. Patrick
Boulevard'."
Whereas, It is fitting that the portions of highway crossing through the community of Mt.
Nebo, the home of the annual Mt. Nebo St. Patrick's Day Parade, be named "St. Patrick Boulevard";
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name that portion of WV
Route 129 in Nicholas County, from its intersection with U. S. Route 19, northeast to its intersection with WV Route 41 in Mt. Nebo, West Virginia, and that portion of WV Route 41, from its intersection
with WV Route 129, north to its intersection with U. S. Route 19 in Nicholas County, as "St. Patrick
Boulevard"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the aforementioned portions of WV Route 129 and WV Route 41 as "St.
Patrick Boulevard"; 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.
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:
S. C. R. 49 - "Requesting the Division of Highways to name County Route 0061/07 in
Wyoming County, from the Logan County line, the 'Private Floyd Cline Memorial Highway'."
Whereas, Floyd Cline was born on June 18, 1890, in Uno, Wyoming County, the son of David
and Margaret Toler Cline. The history of his early childhood is not generally known. His participation
in World War I presents a story upon which legends are formed. He became the first West Virginian
to receive the second-highest award for a soldier, the Distinguished Service Cross for extraordinary
heroism, an award requiring the honoree to be saluted by the President of the United States; and
Whereas, Floyd Cline was awarded the Distinguished Service Cross, for an act of bravery that
was termed "his fearlessness" on the Argonne Front in World War I during a fierce battle at a place
called Tuilerie Farm near La Charmel, France. The French and American forces were on a little bluff
with the outer edge a cliff with several ledges overlooking a river. They were suddenly surprised by
heavy artillery and machine gun fire. The forces were ordered to retreat. Before they could, the cliff
was lined with dead and wounded soldiers, with many of their comrades knocked into the river by
falling rocks struggling with the water for their lives. There are conflicting accounts of what next occurred, but they all agree that Private Floyd Cline did not retreat. Instead, he apparently dived into
the river and rescued approximately twenty soldiers. In spite of this act of heroism, Private Floyd
Cline was brought up for court martial by his captain for disobeying a command. His captain, knowing
why Private Floyd Cline stayed behind, stated that Cline's action was one of the greatest displays of
bravery that he had ever witnessed. The captain then recommended that the highest honor for an act
of bravery be conferred upon Private Floyd Cline and the case was dismissed; and
Whereas, Private Floyd Cline was asked to go to Washington, D. C. shortly after his return
from the war in 1919 to receive his medal. He refused; and he did not respond to letters from
Washington to come and receive the medals and military honors. Years later, Floyd Cline supposedly
explained his reasons for refusing the honors because he did not like the high cost of food in
Washington nor having to stand at attention for three hours upon his return to the States. He is
reported as having said that "They'd never get him back in that town for a million medals". However,
it has been opined that Private Floyd Cline having been brought up among the hills believed that he
was right in his refusal and he had a sense of appreciation that did not require an array of medals.
Private Floyd Cline is buried in Morgan Cemetery at Long Branch, Wyoming County. He belonged
to a bygone era and held to a philosophy where the cardinal virtues reign supreme. When asked if he
would enlist if there was another war, Private Floyd Cline said, "Yep, I'll join every time they start
one". He was a soldier who did not want to stand at attention again and never received, during his
lifetime, the proper attribution for his bravery in France. His dedication and commitment to his state
and country serve as a great example and reminder 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 County Route 0061/07
in Wyoming County, from the Logan County Line, the "Private Floyd Cline Memorial Highway"; and,
be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying this section of highway as the "Private Floyd Cline Memorial Highway"; 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 and to the surviving family of Private
Floyd Cline.
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:
S. C. R. 50 - "Requesting the Division of Highways to name bridge number 31-68-9.40 on
Interstate 68 crossing Cheat Lake, Monongalia County, West Virginia, the 'Lt. Col. Carroll Baxter
Lilly Memorial Bridge'."
Whereas, Carroll Baxter Lilly was born December 1, 1938, to parents Mildred A. and
Raymond P. Lilly; and
Whereas, Carroll Baxter Lilly was the son of a coal company mine foreman and a public
school teacher and the younger brother of Jan Hylton Lilly; and
Whereas, Carroll Baxter Lilly was raised in various mining communities of Logan County
and attended school in Gilbert, Omar and later, Morgantown, West Virginia where he moved with the
family when the father began working for Pittsburgh Consolidated Coal Company; and
Whereas, Carroll Baxter Lilly entered his sophomore year at Morgantown High School, where
his main interests were mathematics, mechanical drawing, science and machine shop; and
Whereas, Carroll Baxter Lilly worked during high school years at Marv's Pizza shop on
Campus Drive in the Sunnyside area of Morgantown and, after graduating from Morgantown High
School in 1958, managed the shop for a short period; and
Whereas, Carroll Baxter Lilly joined the United States Air Force, and after earning high
scores on aptitude tests, was trained as a navigator, commissioned a Second Lieutenant, and assigned
to Schilling Air Force Base, Kansas; and
Whereas, Carroll Baxter Lilly rose through the ranks in the Air Force, and during the Vietnam
War, was classified as a pilot and promoted to the rank of Lieutenant Colonel; and
Whereas, During a tour of duty Lt. Col. Carroll Baxter Lilly was shot down in southern Laos
on April 9, 1971; and
Whereas, The body of Lt. Col. Carroll Baxter Lilly was never found; and
Whereas, Lt. Col. Carroll Baxter Lilly was awarded a Purple Heart (Posthumously),
Distinguished Flying Cross with one oak leaf cluster, Air Medal with two oak leaf clusters, Air Force
Commendation Medal, Combat Readiness Medal, Good Conduct Medal, Vietnam Service Medal and
Small Arms Expert Marksman Ribbon; and
Whereas, It is fitting that an enduring memorial to Lt. Col. Carroll Baxter Lilly be established
in recognition of his outstanding service in the United States Air Force, his devotion to duty and his
supreme sacrifice for his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 31-68-
9.40 on Interstate 68 crossing Cheat Lake, Monongalia County, West Virginia, the "Lt. Col. Carroll
Baxter Lilly 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
"Lt. Col. Carroll Baxter Lilly Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Commissioner of the Division of Highways, and to Mr. Jan H. Lilly, 5104 Black
Diamond Ct., Raleigh, NC 27604.
Petitions
Delegate Evans presented a petition on behalf of the citizens of Grant County in support of
upgrading County Route 5; which was referred to the Committee on the Roads and Transportation.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported
by the Clerk and adopted:
Com. Sub. for S. C. R. 16, Requesting DOH name bridge in Wetzel County Ralph Ice Bridge,
S. C. R. 20, Requesting DOH name portion of Wayne County Rt. 35 Crum Brothers Memorial
Highway,
And,
H. C. R. 84, The First Lieutenant Charles Barrett II Memorial Bridge.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein on those requiring the same.
Third 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; on third reading, coming up in
regular order, was read a third time.
Delegate Butcher requested to be excused from voting on the passage of Com. Sub. for H. B.
4030 under the provisions of House Rule 49, stating that he was seeking election to the office of
magistrate.
The Speaker replied that the Delegate was a member of a class of persons possibly to be affected
by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to
excuse the Member from voting.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 119), and
there were--yeas 87, nays 9, absent and not voting 4, with the nays and absent and not voting being as
follows:
Nays: Armstead, Border, Duke, Ellem, Howell, Kump, C. Miller, Savilla and Sobonya.
Absent and Not Voting: Brown, Craig, Givens and Hunt.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4030) 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. 4068, Providing that antique motor vehicles be valued at their salvage
value for personal property tax purposes; 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. 120), and
there were--yeas 92, nays 3, absent and not voting 5, with the nays and absent and not voting being as
follows:
Nays: Householder, J. Miller and Smith.
Absent and Not Voting: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4068) passed.
Delegate Boggs moved that the bill take effect July 1, 2012.
On this question, the yeas and nays were taken
(Roll No. 121), 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: Brown, Craig, Givens, Hunt and Walters.
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. 4068) takes effect July 1, 2012.
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. 4257, Providing late voter registration opportunities to individuals covered
by the Uniformed and Overseas Citizens Act of 1986; 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. 122), and
there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as
follows:
Nays: Gearheart.
Absent and Not Voting: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4257) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for H. B. 4257 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated
§3-2-6a, relating to voter registration for members of the
armed services, Merchant Marines, persons who, by reason of employment or study, resides temporarily
outside of the United States, and their spouses or dependents."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4274, Expanding the authority of the Commissioner of Banking over regulated consumer
lender licensees, and providing a penalty for violations; 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. 123), 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: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4274) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported
by the Clerk and adopted, amending the title to read as follows:
H. B. 4274 - "A Bill to amend and reenact §46A-4-103 of the Code of West Virginia, 1931, as
amended, relating to the authority of the Commissioner of Banking over regulated consumer lender
licensees; authorizing the commissioner to impose a fine or penalty upon a licensee for violation of
chapter forty-six-a or chapter thirty-one-a of this Code or any other law or rule that the Division of
Banking is authorized to enforce that is applicable to regulated consumer lenders; and providing for an
administrative hearing to contest a fine or penalty."
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. 4281, Increasing the supplemental pay of members of the West Virginia
State Police; 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. 124), 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: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4281) passed.
Delegate Boggs moved that the bill take effect July 1, 2012.
On this question, the yeas and nays were taken
(Roll No. 125), 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: Brown, Craig, Givens, Hunt and Walters.
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. 4281) takes effect July 1, 2012.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4328, Removing bobcats from the list of species requiring a field tag; 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. 126), 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: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4328) 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. 4332, Relating to transfer of service credit from Public Employees
Retirement System to Emergency Medical Services Retirement System; 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. 127), 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: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4332) 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. 4351, Relating to mine safety; on third reading, coming up in regular
order, was read a third time.
Extensive debate ensued on the passage of the bill.
During the portion of the debate, the Speaker called Speaker Pro Tempore Fragale to the podium
to preside.
The Speaker, having vacated the Chair, took his place on the floor of the House and spoke on
the passage of the bill.
At the conclusion of his remarks, the Speaker then again took the Chair and presided over the
remainder of the debate.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 128), 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: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4351) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 4351 - "A Bill to amend and reenact §15-5B-3 of the Code of West
Virginia, 1931,
as amended; to amend said code by adding thereto a new section, designated §15-5B-6;
to amend said code by adding thereto two new sections, designated §22A-1-13a and 22A-1-40; to
amend and reenact §22A-1-4, §22A-1-14 and §22A-1-21 of said code; to amend said code by adding
thereto a new article, designated §22A-1A-1, §22A-1A-2, §22A-1A-3 and §22A-1A-4; to amend said
code by adding thereto a new section, designated §22A-2-43a; to amend and reenact §22A-2-2,
§22A-2-12, §22A-2-16, §22A-2-20, §22A-2-24, §22A-2-43, §22A-2-55 and §22A-2-66 of said code;
to amend said code by adding thereto two new sections, designated §22A-6-13 and §22A-6-14; to
amend and reenact §22A-6-4 of said code; to amend said code by adding thereto a new section,
designated §22A-7-5a; to amend and reenact §22A-7-5 of said code; and to amend said code by adding
thereto a new section, designated §22A-12-1, all relating to mine safety, generally; requiring coal mine
operators to provide reports to and notify certain entities in the event of an emergency; establishing a
mine safety anonymous tip hotline; exempting information provided to the hotline from the Freedom of Information Act; permitting the Director of the Office of Miners' Health, Safety and Training to
share information regarding certification suspensions or revocations with other states and to promulgate
certain legislative rules; requiring a study be conducted regarding mine inspector qualifications,
compensation, training and inspections; creating a criminal offense and establishing criminal penalties
for providing advance notice of an inspection or an inspector's presence at a mine; increasing civil and
criminal penalties; allowing inspectors investigate impaired miners; creating a criminal penalty for
willful violation of mine safety laws of rules causing fatality; providing confidentiality of certain
meetings relating to violations and mining accidents; excepting certain statements from release under
freedom of information act; providing conditions relating to statements to director; allowing designation
of certain persons by miner family members to attend interviews and hearings in certain circumstances
and providing limitations thereto; providing that Director to prepare list of persons to assist families
following accidents; providing for suspension of mining certificates in certain circumstances; requiring
coal mining operators to implement substance abuse screening policy and program for certain persons;
providing procedures and minimum requirements of substance abuse screening policy and program;
requiring substance abuse screening upon preemployment, rehiring or transfer of miner; requiring coal
mine operators to notify the Director of the Office of Miners' Health, Safety and Training of failed
screening tests and certain screening policy violations; allowing operator policies to be more restrictive
than minimum statutory requirements; requiring substance abuse screening of all persons in safety
sensitive positions; requiring immediate suspension of miner certificates as a result of suspensions or
revocations for substance abuse in other jurisdictions and reciprocity; providing procedure for board
of appeals hearings on certification suspensions and judicial review of board decisions; providing
exemptions from and exceptions to the disclosure of substance abuse screening results; proving rule-
making on thresholds and other protocols and requirements; providing internal effective date; revising
procedure for approval, review, comment and enforcement of mine ventilation plans; increasing the
number of days an apprentice must work within sight and sound of mine foreman or experienced miner;
authorizing additional training when conduct creating hazardous condition at mine; requiring methane detectors be maintained in accordance with manufacturer specifications; requiring periodic review
copies of fire boss books by the mining superintendent or senior person at the mine, and duties thereto;
directing director to proscribe fire boss book; revising examination and reporting requirements relating
to certain shift inspections; increasing the percentage of rock dust to be maintained in coal mines and
providing certain information upon request; prescribing actions required to detect and respond to excess
methane gas levels in coal mines; establishing new safety levels and testing requirements relating to
methane and providing for rules relating thereto; prescribing requirements for persons to operate or
repair mining machinery; providing for increased training regarding the use of self-contained self-rescue
devices; providing additional notification by coal mine operators in the event of an accident; allowing
reduction of civil penalties when mitigating circumstances exist; authorizing board to conduct
investigation in accidents resulting in a fatality; requiring study of and report on the safety of working
or traveling in bleeder or gob areas of certain coal mines; requiring studies of expanding certification
and mandatory substance abuse program and authorizing emergency rule-making by the Board and
Director relating thereto; directing additional education for certain miners rights and protections;
requiring study of and report on education, training and examination associated with certifying miners;
and requiring a study and report on enforcement procedures.
"
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
* * * * * * * *
On the passage of the bill, Delegates' remarks were requested to be printed in the Appendix to
the Journal, as follows:
Delegate Marshall's remarks, requested by Delegate Snuffer.
The Speaker's and Delegate Caputo's remarks, requested by Delegate Boggs
Delegate Butcher's remarks, requested by Delegate Walker.
Delegates Armstead, Hamilton and Snuffer's remarks, requested by Delegate Lane.
* * * * * * * *
H. B. 4357, Modifying the bonding requirement for closing-out sales; 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. 129), and
there were--yeas 95, nays one, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4357) 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. 4392, Compensating all state magistrates, magistrate assistants, magistrate
court clerks equally; on third reading, coming up in regular order, was read a third time.
Delegate Butcher requested to be excused from voting on the passage of Com. Sub. For H. B.
4030 under the provisions of House Rule 49, stating that he was seeking election to the office of
magistrate.
The Speaker replied that Delegate Butcher was a member of a class of persons possibly to be
affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and
refused to excuse him from voting.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 130), and
there were--yeas 65, nays 30, absent and not voting 5, with the nays and absent and not voting being
as follows:
Nays: Anderson, Andes, Armstead, Azinger, Border, Carmichael, Duke, Ellington, Evans,
Gearheart, Householder, Howell, Ireland, Kump, Lane, Martin, C. Miller, J. Miller, Nelson, O'Neal,
Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch and Sumner.
Absent and Not Voting: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4392) passed.
Delegate Boggs moved that the bill take effect July 1, 2012.
On this question, the yeas and nays were taken
(Roll No. 131), and there were--yeas 66, nays
29, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Carmichael, Cowles, Duke, Ellem, Ellington, Evans,
Gearheart, Householder, Howell, Ireland, Kump, Lane, Martin, C. Miller, J. Miller, Nelson, O'Neal,
Overington, Pasdon, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch and Sumner.
Absent and Not Voting: Brown, Craig, Givens, Hunt and Walters.
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. 4392) takes effect July 1, 2012.
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. 4475, Reducing federal adjusted gross income for recent graduates of
higher education institutions; 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. 132), and
there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting being as
follows:
Nays: Householder, Howell, J. Miller and Sigler.
Absent and Not Voting: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4475) 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. 4488, Reforming, altering or modifying a county commission; 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. 133), and
there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting being
as follows:
Nays: Anderson, Cann, Cowles, Ellem, Hamilton, Householder, Howell, Nelson, Sigler and
Storch.
Absent and Not Voting: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4488) 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. 4645, Changing the membership requirements for a board of governors;
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. 134), and
there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as
follows:
Nays: Andes.
Absent and Not Voting: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4645) 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. 4648, Implementing a domestic violence court pilot project; 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. 135), 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: Brown, Craig, Givens, Hunt and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4648) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 12:47 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 2:30 p.m.,
and reconvened at that time.
* * * * * * *
Afternoon Session
* * * * * * *
Special Calendar
Second Reading
Com. Sub. for H. J. R. 113, The Homestead Exemption Increase Amendment; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
Com. Sub. for S. B. 221, Creating Jason Flatt Act of 2012; on second reading, coming up in
regular order, was read a second time and ordered to third reading.
S. B. 224, Renaming Division of Banking as Division of Financial Institutions; on second
reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 564, Creating Aviation Fund and Fleet Management Office Fund; on
second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for 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; 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. 2252, Limiting liability for persons donating and charitable organizations
accepting certain food and grocery items; on second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
H. B. 2793, Defining "spelunking" as a recreational purpose and activity for which a
landowner's liability for injury is limited; 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. 2816, Permitting private clubs to purchase alcoholic liquors from retail
liquor stores in any market zone in the state; 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. 3142, Increasing the allowable number of magistrate court deputy clerks
by five; 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. 3157, Adding an additional family court judge to the twenty-third family
court district; 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. 4006, Relating to elevator workers' licensure exemptions; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported
by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
"That §21-3C-1, §21-3C-10a and §21-3C-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3C. ELEVATOR SAFETY.
§21-3C-1. Definitions.
(1) 'Accessibility equipment' means lifting devices designated to remove access barriers in
public buildings and private residences for persons with physical challenges, including residential
elevators, and limited use/limited application elevators, vertical platforms, inclined platform lifts and
stairway chairlifts.
(2) 'Certificate of acceptance' means a certificate issued by the Division of Labor certifying that
a newly installed elevator has been inspected and was found to be installed in compliance with the
safety standards set forth in the American Society of Mechanical Engineers Safety Code for Elevators
and Escalators (ASME) A17.1-3, 'Safety Code for Elevators' and ASME A18.1, 'Safety Code for
Platform Lifts and Stairway Chairlifts'.
(3) 'Certificate of competency' means a certificate issued by the Division of Labor certifying
that an individual is qualified to inspect elevators.
(4) 'Certificate of operation' means a certificate issued by the Division of Labor certifying that
an elevator has been inspected and is safe for operation.
(5) 'Commissioner' means the Commissioner of the Division of Labor.
(6) 'Division' means the Division of Labor.
(7) 'Division inspector' means an employee or contractor of the division who has been
examined and issued a certificate of competency and who only inspects elevators in state owned
buildings.
(8) 'Elevator' means all the machinery, construction, apparatus and equipment used in raising
and lowering a car, cage or platform vertically between permanent rails or guides and includes all
elevators, power dumbwaiters, escalators, gravity elevators and other lifting or lowering apparatus
permanently installed between rails or guides, but does not include hand operated dumbwaiters,
platform lifts for loading docks, manlifts of the platform type with a platform area not exceeding nine
hundred square inches, construction hoists or other similar temporary lifting or lowering apparatus.
(9) 'Elevator apprentice' means a person who meets the requirements set forth in legislative rule
promulgated pursuant to this article.
(10) 'Elevator mechanic' means a person who possesses an elevator mechanic's license in
accordance with the provisions of this article and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related conveyances
covered by this article.
(11) 'Freight elevator' means an elevator used for carrying freight and on which only the
operator, by the permission of the employer, is allowed to ride.
(12) 'Inspector' means both a division inspector and a private inspector.
(13) 'License' means a license issued to an elevator mechanic pursuant to this article.
(14) ' Private residence elevator' means a passenger elevator of which use is limited by size,
capacity, rise and speed, and access is limited by its location, by the requirement of a key for its
operation or by other restriction.
(15) 'Passenger elevator' means an elevator that is designed to carry persons to its contract
capacity.
(16) 'Limited Use/Limited Application elevator' means a power elevator in which the use and
application is limited by size, capacity, speed, and rise.
_____(17) 'Private inspector' means a person who has been examined and issued a certificate of
competency to inspect elevators within this state.
§21-3C-10a. License requirements for elevator mechanics, accessibility technicians, limited
technicians; contractor's license requirements; supervision of elevator
apprentice's requirements.
(a) A person may not engage or offer to engage in the business of erecting, constructing,
installing, altering, servicing, repairing or maintaining elevators or related conveyances covered by this
article in this state, unless he or she has a license issued by the commissioner
of Labor in accordance
with this article.
(b) A person licensed under this article must:
(1) Have in his or her possession a copy of the license issued pursuant to this article on any job
on which he or she is performing elevator mechanic work; and
(2) Be, or be employed by, a contractor licensed pursuant to the provisions of article eleven,
chapter twenty-one of this code unless the work is performed by a historic resort hotel's regular
employees, for which the employees are paid regular wages and not a contract price, on property owned
or leased by the historic resort hotel which is not intended for speculative sale or lease;
(c)
(1) To obtain
an elevator mechanic's license a person
must shall:
(1) Complete a four-year apprenticeship program, registered by the United States Department
of Labor, qualifying for a commercial license;
____(A) Hold an active elevator mechanic license issued by a jurisdiction that has a licensing
program that is at least equivalent to the elevator mechanic licensing program established under this
article;
____(B) (i) Successfully complete one of the following formal four year educational programs that
is registered with the Bureau of Apprenticeship and Training of the United States Department of Labor,
including all required examinations and work experience:
____(I) The National Elevator Industry Educational Program; or
____(II) The Certified Elevator Technician (CET) Educational Certification Program; or
____(ii) If an applicant successfully completed a program as described in subparagraphs (I) and (II)
prior to the program being registered with the Bureau of Apprenticeship and Training of the United
States Department of Labor, the division may grant a license to an applicant after the applicant
successfully proves to the division that he or she has successfully completed all the test and work
experience requirements;
____(
C) (i) Provide an acceptable combination of documented experience and educational credits
of not less than three years of recent and active experience in the elevator industry in construction,
maintenance, or service/repair or any combination thereof, as verified by current and previous
employers licensed to do business in this state, on a sworn affidavit; and
____(ii) Obtain a score of 70% or better on a written competency examination approved or provided
by the division.
____(2) A licensed elevator mechanic may work on all elevators covered by this article.
____(d) (1) To obtain an accessibility technician's license a person shall:
____(A) Provide a certificate of completion of an accessibility training program for the elevator
industry such as the Certified Accessibility Training (CAT)program by the National Association of
Elevator Contractors, or equivalent nationally recognized training program; or
____(B) (i) Have at least eighteen months experience in the construction, maintenance, service and
repair, or any combination thereof, as verified by current and previous employers, licensed to do
business in this state, on a sworn affidavit, of accessibility lifts;
____(ii) At least one year of documented vocational training and/or an associate degree in a related
field; and
____(iii) Obtain a score of 70% or better on a written competency examination approved or provided
by the division.
____(2) Complete a two-year apprenticeship program, registered by the United States Department
of Labor, qualifying for an accessibility license.
(2) A person holding an accessibility license may only perform work on accessibility
equipment.
; or
(e) (1) An applicant for a limited use/limited application (LULA) elevator endorsement must
satisfy all of the following:
____(A) Hold a current accessibility technician license;
____(B) Provide certificate of LULA manufacturer's training; and
____(C) Provide at least one year of documented work experience, on a sworn affidavit, in the
construction, maintenance, service and repair of LULA elevators and comparable equipment, while
under the supervision of a licensed accessibility technician; or
____(2) Any person having at least eighteen months of accessibility technician's experience, as of
July 1, 2012, in construction, maintenance, service and repair, or any combination thereof, as verified
by current and previous employers, licensed to do business in this state, on a sworn affidavit, shall
receive an accessibility technician's license to continue to work on this type of equipment: Provided,
That an additional one year of documented work as an accessibility technician with certification of
manufacturer's factory training, is required before a LULA endorsement may be obtained.
(3)
Any person carrying an accessibility license as of July 1, 2012, shall receive the required
endorsement to continue to work on this type of equipment, and will be qualified to supervise future
applicants as described in this section.
____(f) To obtain a limited technician's license a person must:
____(3)(1) (A) Complete a certified apprenticeship program, registered by the United States
Department of Labor established at a historic resort hotel, qualifying for a limited technician license;
or
____(B) Provide an acceptable combination of documented experience, and educational credits: not
less than three years of recent and active experience in the elevator industry, in maintenance, or
service/repair or any combination thereof, as verified by current and previous employers authorized to
do business in this state, on a sworn affidavit; and obtain a score of 70% or better on a written
competency examination approved or provided by the division.
____(2) A person holding a limited technician license may only perform work at a historic resort
hotel.
(d)(
3)For the purposes of section, 'historic resort hotel' has the same meaning ascribed to it in
section two, article twenty-five, chapter twenty-nine of this code.
(e)(g) An elevator apprentice who is enrolled in a four-year apprenticeship program approved
by the commissioner, and who is in good standing in the program, may work under the supervision of
a licensed elevator mechanic, as follows:
(f)(1) An apprentice who has not successfully completed the equivalent of at least one year of
the program may work only under the direct supervision of a licensed elevator mechanic who is present
on the premises and available to the apprentice at all times;
(2) An apprentice who has successfully completed the equivalent of at least one year of the
program may:
(A) Work under the direct supervision of a licensed elevator mechanic as set forth in subdivision
(1) of this subsection; and
(B) Perform the tasks set forth in this paragraph, only if delegated by and performed under the
general supervision of a licensed elevator mechanic, who must, at a minimum, meet the apprentice on
the job at the beginning of each day to delegate the specific tasks, and who remains responsible for the
delegated tasks:
(i) Oiling, cleaning, greasing and painting;
(ii) Replacing of combplate teeth;
(iii)
Reclamping Relamping and fixture maintenance;
(iv) Inspection, cleaning and lubricating of hoistway doors, car tops, bottoms and pits; and
(v) Observing operation of equipment.
§21-3C-11. Disposition of fees; legislative rules.
(a) The division shall propose rules for legislative approval in accordance with the provisions
of article three, chapter twenty-nine-a of this code, for the implementation and enforcement of the
provisions of this article, which shall provide:
(1) Standards, qualifications and procedures for submitting applications, taking examinations,
and issuing and renewing licenses, certificates of competency and certificates of operation of the three
licensure classifications set forth in section ten-a of this article;
(2) For the renewal of a license, even if the licensee is unemployed or not working in the
industry: Provided, That to engage or offer to engage in the business of erecting, constructing,
installing, altering, servicing, repairing, or maintaining an elevator or related conveyance covered by
this article the licensee shall be a contractor, or be employed by a contractor licensed pursuant to the
provisions of section ten-a, article eleven, chapter twenty-one of the code;
____(2)(3) Qualifications and supervision requirements for elevator apprentices;
and
____(3) (4) Provisions for the granting of licenses without examination, to applicants who present
satisfactory evidence of having the expertise required to perform work as defined in this article and who
apply for licensure on or before July 1, 2010: Provided, That if a license issued under the authority of
this subsection subsequently lapses, the applicant may, at the discretion of the commissioner, be subject
to all licensure requirements, including the examination.
(b) Issuance and renewal of licenses fees.
____(1) Upon approval of an application, the division may issue a license, which shall be renewable
biennially. The fee for the license and for renewal shall be set by the commissioner.
____(2) The commission shall renew a person's license, even if unemployed or not working in the
industry: Provided, however, That to engage or offer to engage in the business of erecting, constructing,
installing, altering, servicing, repairing, or maintaining elevator or related conveyance covered by this article in this state must be, or be employed by a contractor licensed pursuant to the provisions of article
eleven, chapter twenty-one of the code.
____(3) Whenever an emergency exists in the state due to disaster, act of God or work stoppage and
the number of persons in the state holding licenses granted by the division is insufficient to cope with
the emergency, elevator contractors shall respond as necessary to assure the safety of the public. Any
person certified by a licensed elevator contractor to have an acceptable combination of documented
experience and education to perform elevator work without direct and immediate supervision shall seek
an emergency elevator mechanic license from the commissioner within five business days after
commencing work requiring a license. The commissioner shall issue emergency elevator mechanic
licenses. The elevator contractor shall furnish proof of competency as the commissioner may require.
Each license shall state that it is valid for a period of forty-five days from the date thereof and for such
particular elevators or geographical areas as the commissioner may designate and otherwise shall entitle
the licensee to the rights and privileges of an elevator mechanic license issued in this chapter. The
commissioner shall renew an emergency elevator mechanic license during the existence of an
emergency. No fee shall be charged for any emergency elevator mechanic license or renewal thereof.
____(3) An elevator contractor shall notify the commissioner when there are no licensed personnel
available to perform elevator work. The elevator contractor may request that the Commissioner of
Labor issue temporary elevator mechanic licenses to persons certified by the licensed elevator
contractor to have an acceptable combination of documented experience and education to perform
elevator work without direct and immediate supervision. Any person certified by an elevator contractor
to have an acceptable combination of documented experience and education to perform elevator work
without direct and immediate supervision shall immediately seek a temporary elevator mechanic license
from the commissioner and shall pay such fee, as the commissioner shall determine. Each license shall
state that it is valid for the term specified pursuant to this section and while employed by the licensed elevator contractor that certified the individual as qualified. A temporary license may be renewed as
long as the shortage of license holders continues.
____(4) Excluding subdivisions two and three, subsection (b) of this section, the renewal of all
licenses granted under the provisions of this section shall be conditioned upon the submission of a
certificate of completion of a course designed to ensure the continuing education of licensees on new
and existing provisions of the regulations of the division. The course shall consist of not less than eight
hours of instruction that shall be attended and completed within one year immediately preceding any
such license renewal.
____(5) The continuing education courses shall be taught by instructors through continuing education
providers that may include, but shall not be limited to, association seminars, and labor training
programs. The commissioner shall approve the continuing education providers. All instructors shall be
approved by the commissioner and exempt from the requirements of the preceding paragraph with
regard to their application for license renewal provided that such applicant was qualified as an instructor
at any time during the one year immediately preceding the scheduled date for such renewal.
____(6) A licensee who is unable to complete the continuing education course required under this
section prior to the expiration of their license due to a temporary disability may apply for a waiver from
the commissioner. This will be on a form provided by the commissioner which shall be signed under
the pains and penalties of perjury and accompanied by a certified statement from a competent physician
attesting to such temporary disability. Upon the termination of such temporary disability, such licensee
shall submit to said board a certified statement from the same physician, if practicable, attesting to the
termination of such temporary disability. At which time a waiver sticker, valid for 90 days, shall be
Issued to such licensee and affixed to his license.
____(7) Approved training providers shall keep uniform records, for a period of ten years, of
attendance of licensees following a format approved by the commissioner and such records shall be
available for inspection by the commissioner at his or her request. Approved training providers shall be responsible for the security of all attendance records and certificates of completion: Provided, That
falsifying or knowingly allowing another to falsity such attendance records or certificates of completion
shall constitute grounds for suspension or revocation of the approval required under this section.
____(8) A license shall be issued to an individual holding a valid license from a state having
standards substantially equivalent to those of this article, upon application and without examination as
outlined in section ten-a of this article;
____(8) (9) Procedures for investigating complaints and revoking or suspending licenses, certificates
of competency and certificates of operation, including appeal procedures;
(9) (10) Fees for testing, issuance and renewal of licenses, certificates of competency and
certificates of operation, and other costs necessary to administer the provisions of this article;
(10) (11) Enforcement procedures; and
(11) (12) Any other rules necessary to effectuate the purposes of this article.
(b) (c) The rules proposed for promulgation pursuant to section eleven shall establish the
amount of any fee authorized pursuant to the provisions of this article:
Provided, That in no event may
the fees established for the issuance of certificates of operation exceed $50.
(c) (d) All fees collected pursuant to the provisions of this article shall be deposited in an
appropriated special revenue account hereby created in the State Treasury known as the 'Elevator Safety
Fund' and expended for the implementation and enforcement of this article:
Provided, That amounts
collected which are found from time to time to exceed funds needed for the purposes set forth in this
article may be transferred to other accounts or funds and redesignated for other purposes by
appropriation of the Legislature.
(d) (e) The division may enter into agreements with counties and municipalities whereby such
counties and municipalities be permitted to retain the inspection fees collected to support the
enforcement activities at the local level.
(e) (f) The commissioner and his or her deputy commissioner or any compliance officer of the
division as authorized by the commissioner may consult with engineering authorities and organizations
concerned with standard safety codes, rules and regulations governing the operation, maintenance,
servicing, construction, alteration, installation and the qualifications which are adequate, reasonable and
necessary for the elevator mechanic and inspector."
The bill was then ordered to engrossment and third reading.
H. B. 4064, Increasing the maximum cash award the Employee Suggestion Award Board may
make; 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. 4077, Relating to activities that may be performed by a dental hygienist
without a prior exam by a dentist; 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. 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; 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. 4130, Creating the felony criminal offense of sale or purchase of a child;
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. 4247, Increasing the compensation of attorneys who are appointed to
represent criminal defendants; 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. 4256, Relating to captive insurance; 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. 4261, Relating to review of state administrative agency rule-making; 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 an amendment pending, and the rule was suspended to permit the offering and
consideration of the amendment on that reading.
Com. Sub. for H. B. 4263, Procurement of Domestic Products Act; 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 amendments pending, and the rule was suspended to permit the offering and consideration
of four amendments by Delegate Cowles on that reading.
Com. Sub. for H. B. 4276, Ensuring that borrowers are provided accurate notice of their right
to cure a default on any installment or other secured obligation; on second reading, coming up in regular
order, was read a second time.
On motion of Delegate Miley, the bill was amended on page tow, section one hundred-six, line
seven, after the word "creditor", by striking out the word "shall" and inserting in lieu thereof the word
"may", and on page five, section one hundred-six, line sixty-five, after the word "until", by striking out
the word "twenty" and inserting in lieu thereof the word "ten".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4279, Permitting municipalities to stagger the terms of elected officers;
on second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.
H. B. 4293, Increasing the compensation caps for secretary-clerks and case coordinators in the
family court; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
H. B. 4296, Authorizing licensing boards to require applicants to submit to criminal background
checks; 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. 4301, Relating to reimbursement for copies of medical 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. 4307, Clarifying that the practice and procedure for domestic violence
civil proceedings are governed by court rule; 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. 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; on
second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.
H. B. 4315, Permitting a new class IV town or village to select a form of government; on second
reading, coming up in regular order, was read a second time.
On motion of Delegates Manchin and Miley the bill was amended on page eight, section one,
line one, by striking out the word "Notwithstanding" and inserting in lieu thereof, the words "In absence
of".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4376, Licensing wine sales at certain professional baseball stadiums; on
second reading, coming up in regular order, was read a second time.
On motion of Delegates Skaff, Andes and White the bill was amended on page twelve, section
three, line two hundred three, following the word "commissioner", by striking out the word "shall" and
inserting in lieu thereof "has the authority to".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4418, Creating the Aviation Fund and the Fleet Management Office Fund;
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. 4425, Requiring a landlord address issues of the accumulation of moisture
and the growth of mold; 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. 4426, Requiring a copayment to a physical therapist and an occupational
therapist be the same as a physician or osteopath; 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. 4438, Provider Sponsored Network Act; 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. 4459, Creating a juvenile sex offender registration; on second reading,
coming up in regular order, was read a second time.
On motion of Delegate White the bill was amended on page ten, section two, line one hundred
sixty-two, by striking out all of subdivision (3) and inserting in lieu thereof the following:
"
(3) Notwithstanding any other provision of this code to the contrary, the provisions of this
article with respect to special reporting requirements, confidentiality and disclosure are not applicable
on or after the juvenile attains the age of eighteen years. Upon the date the juvenile attains the age of
eighteen years, he or she shall thereafter be subject to each provision of this article as if he or she had
been an adult when the crime was committed and therefor convicted of a violation of section three or
four, article eight-b, chapter sixty-one of this code. Notwithstanding any provision of article five,
chapter forty-nine of this code to the contrary, on and after the date the juvenile attains the age of
eighteen years, upon request of the West Virginia State Police, the circuit clerk of the court in which the order was issued under subdivision (5), subsection (a), section thirteen-b, article five, chapter forty-
nine of this code shall deliver to the West Virginia State Police a copy of the records of the juvenile
proceeding in which the order was issued without cost and without order of the court. Those records
may be used for all purposes under the provisions of this article to the extent that the same would
otherwise be used if they were a court's records of the proceedings under which he or she had been an
adult when the crime was committed and therefor convicted of a violation of section three or four,
article eight-b, chapter sixty-one of this code."
And,
By redesignating the remaining subdivisions accordingly.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4468, Prohibiting insurance companies from discriminating against certain
health care providers; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Miley the bill was amended on page two, section fourteen, line nine,
after the word "practitioners", by inserting a comma.
On page four, section ten, line nine, after the word "practitioners", by inserting a comma.
On page five, section forty-three, line nine, after the word "practitioners", by inserting a comma.
On page six, section twenty, line nine, after the word "practitioners", by inserting a comma.
And,
On page seven, section thirty-one, line nine, after the word "practitioners", by inserting a
comma.
The bill was then ordered to engrossment and third reading.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned
to further consideration of Com. Sub. for H. B. 4263.
Unanimous consent having been obtained, the House abrogated the former directive to advance
the bill to Third Reading with the four Cowles amendments pending.
Unanimous consent having been obtained, the bill was then returned to Second Reading.
Com. Sub. for H. B. 4263, Procurement of Domestic Products Act; on second reading, coming
up in regular order, was then reported by the Clerk.
Delegate Cowles then moved to amend the bill on page five, paragraph (A), subdivision (1),
subsection (c) of section three of article one at line twenty following the word "the", by striking out the
words "cumulative cost of such material will increase the cost of the contract" and inserting in lieu
thereof the words "cost of such material exceeds the cost of foreign material".
The question being on the adoption of the amendment, the same was put and did not prevail.
Delegate Cowles moved to amend the bill on page six, line thirty-one, subsection (c), section
three, article one, following the word "interest" by inserting the word "or" .
And, by inserting the following new subdivision:
"(4) The total contract amount does not exceed one million dollars."
On the adoption of the amendment, Delegate Cowles demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 136), and there were--yeas
33, nays 62, absent and not voting 5, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Border, Carmichael, Cowles, Duke,
Ellem, Ellington, Evans, Gearheart, Householder, Howell, Ireland, Kump, Lane, Michael, C. Miller,
J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya,
Storch and Sumner.
Absent and Not Voting: Craig, Givens, Hunt, Iaquinta and Walters.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
On motion of Delegate Cowles, the bill was amended on page eleven, line seventeen,
subdivision (1), section six, article one following the word "material", by inserting the words "Material
costs of less than two thousand five hundred dollars are not covered by this article and are to considered
as de minimus expenses."
Delegate Cowles then moved to amend the bill on page thirteen, line forty-three, subdivision
(6),section six, article one, following the word "institutions", by striking out the words "and all units
and political subdivisions, including local school districts".
On the adoption of this amendment, Delegate Cowles demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 137), and there were--yeas
31, nays 64, absent and not voting 5, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Border, Carmichael, Cowles, Duke,
Ellington, Evans, Gearheart, Hartman, Householder, Howell, Ireland, Kump, Lane, Michael, C. Miller,
J. Miller, Nelson, O'Neal, Overington, Pasdon, Rowan, Savilla, Sigler, Snuffer, Sobonya and Sumner.
Absent and Not Voting: Craig, Givens, Hunt, Iaquinta and Walters.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
There being no further amendments, the bill was ordered to engrossment and third reading.
Com. Sub. for H. B. 4489, Strengthening authority of the West Virginia Municipal Pensions
Oversight Board; 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. 4504, Relating to development and operation of a nursing home on the grounds of a nonprofit community health care organization; 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. 4506, Relating to absentee ballot fraud; 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. 4511, Creating the Shale Research, Education, Policy and Economic
Development Center at West Virginia University; 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. 4514, Updating the Wholesale Drug Distribution Act of 1991; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
H. B. 4521, Permitting the restructuring of child support payments of an inmate who is released
under certain circumstances; on second reading, coming up in regular order, was read a second time and
ordered to engrossment and third reading.
H. B. 4522, Providing additional contempt powers for family court judges; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4523, Relating to the Bureau for Child Support enforcement and reporting employment
and income of an independent contractor; on second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
H. B. 4542, Relating to unemployment compensation benefits; 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. 4547, Creating the West Virginia Innovation Free-Trade Business
Technology Property Valuation Act and the West Virginia Innovation Free-Trade Tax Credit Act; on
second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.
H. B. 4549, Imposing a monetary penalty on unemployment compensation recipients for
obtaining benefits through the use of fraudulent statements; 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 an amendment by Delegates C. Miller, Gearheart, Border, Pasdon and Sobonya pending,
and the rule was suspended to permit the offering and consideration of the amendment on that reading.
Com. Sub. for H. B. 4554, Accepting additional students for enrollment in early childhood
education programs; on second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
H. B. 4567, Permitting the Harrison county commission to levy a special district tax; 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. 4572, Relating to school service personnel classification and
compensation; 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. 4581, Making grants from state and other funds to provide civil legal
services to low income persons; 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. 4585, Exempting volunteer fire departments from the definition of public
authority if they are constructing a facility to replace one that has been destroyed; 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. 4601, Authorizing the West Virginia National Guard to participate in a
federal asset forfeiture or sharing program; 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. 4605, Providing a premarital education option to applicants for marriage
licenses; 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. 4613, Relating to development of broadband infrastructure and broadband
deployment in this state; 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 an amendment by Delegate White pending, and the rule was suspended to permit the
offering and consideration of the amendment on that reading.
H. B. 4626, Increasing state police principal supervisors to nineteen; on second reading, coming
up in regular order, was read a second time and ordered to engrossment and third reading.
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; 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. 4636, Authorizing a responsible parent pilot project; on second reading,
coming up in regular order, was read a second time.
On motion of Delegates Poore, Marshall, Skaff and Andes the bill was amended on page two,
section one, line one, by striking out the words "Department of Health and Human Resources in
conjunction with the".
On page two, section one, line five, following the words "may implement a", by striking out the
word "twelve" and inserting in lieu thereof "twenty-four".
On page three, section one, line eighteen, following the word "Raleigh" and the comma, by
inserting the word "Mason" and a comma.
On page four, section one, line thirty-seven, following the words "Corrections, that agency" and
the comma, by striking the words "in conjunction with the Department of Health of Human Resources" and the comma.
And,
On page four, section one, line forty, following the words "Committee on Judiciary" by striking
out the words "one year after" and inserting in lieu thereof the words "each year during."
The bill was then ordered to engrossment and third reading.
H. B. 4647, Relating to funeral expenses for indigent persons; on second reading, coming up
in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4652, Making a supplementary appropriation to various agencies; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4653, Relating to public school support computation of local share; on second reading,
coming up in regular order, was read a second time.
Delegate Duke moved to amend the bill on page eight, subsection (n), section two, article nine-
a, line one hundred eighteen, following the word "code", by inserting the following:
"
Provided, That beginning July 1, 2012, 'levies for general current expense purposes' means
eighty-five percent of the levy rate for county boards of education calculated or set by the Legislature
pursuant to the provisions of section six-f, article eight, chapter eleven of this code; and provided
further, that beginning July 1, 2013, "levies for general current expense purposes" means eighty percent
of the levy rate for county boards of education calculated or set by the Legislature pursuant to the
provisions of section six-f, article eight, chapter eleven of this code."
On the adoption of the amendment, Delegate Duke demanded the yeas and nays, which demand
was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 138), and there were--yeas
30, nays 63, absent and not voting 7, with the yeas and absent and not voting being as follows:
Yeas: Andes, Armstead, Azinger, Border, Carmichael, Cowles, Doyle, Duke, Ellem, Ellington,
Evans, Hamilton, Householder, Howell, Ireland, Kump, Lane, Lawrence, C. Miller, J. Miller, Nelson,
Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Sobonya, Storch and Sumner.
Absent and Not Voting: Craig, Givens, Hall, Hunt, Iaquinta, Manypenny and Walters.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
The bill was then ordered to engrossment and third reading.
H. B. 4654, Relating to the provision of mailing services by the CPRB to certain retiree
organizations; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
H. B. 4655, Relating to school service personnel certification; on second reading, coming up
in regular order, was read a second time.
On motion of Delegates M. Poling, Paxton and Gearheart, the bill was amended on page one,
by striking out everything after the enacting section and inserting in lieu thereof the following:
"
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8e. Competency testing for service personnel; and recertification testing for bus operators.
(a) The State Board
of Education shall develop and make available competency tests for all of
the classification titles defined in section eight of this article and listed in section eight-a of this article
for service personnel. Each classification title defined and listed is considered a separate classification
category of employment for service personnel and has a separate competency test, except for those class
titles having Roman numeral designations, which are considered a single classification of employment
and have a single competency test.
(1) The cafeteria manager class title is included in the same classification category as cooks and
has the same competency test.
(2) The executive secretary class title is included in the same classification category as
secretaries and has the same competency test.
(3) The classification titles of chief mechanic, mechanic and assistant mechanic are included
in one classification title and have the same competency test.
(b) The purpose of these tests is to provide county boards a uniform means of determining
whether school service personnel who do not hold a classification title in a particular category of
employment meet the definition of the classification title in another category of employment as defined
in section eight of this article. Competency tests may not be used to evaluate employees who hold the
classification title in the category of their employment.
(c) The competency test consists of an objective written or performance test, or both.
Applicants may take the written test orally if requested. Oral tests are recorded mechanically and kept
on file. The oral test is administered by persons who do not know the applicant personally.
(1) The performance test for all classifications and categories other than bus operator is
administered by an employee of the county board or an employee of a multicounty vocational school
that serves the county at a location designated by the superintendent and approved by the board. The
location may be a vocational school that serves the county.
(2) A standard passing score is established by the state Department of Education for each test
and is used by county boards.
(3) The subject matter of each competency test is commensurate with the requirements of the
definitions of the classification titles as provided in section eight of this article. The subject matter of
each competency test is designed in such a manner that achieving a passing grade does not require
knowledge and skill in excess of the requirements of the definitions of the classification titles.
Achieving a passing score conclusively demonstrates the qualification of an applicant for a
classification title.
(4) Once an employee passes the competency test of a classification title, the applicant is fully
qualified to fill vacancies in that classification category of employment as provided in section eight-b
of this article and may not be required to take the competency test again.
(d) An applicant who fails to achieve a passing score is given other opportunities to pass the
competency test when
making application applying for another vacancy within the classification
category.
(e) Competency tests are administered to applicants in a uniform manner under uniform testing
conditions. County boards are responsible for scheduling competency tests, notifying applicants of the
date and time of the one day of training prior to taking the test, and the date and time of the test. County
boards may not use a competency test other than the test authorized by this section.
(f) When scheduling of the competency test conflicts with the work schedule of a school
employee who has applied for a vacancy, the employee is excused from work to take the competency
test without loss of pay.
(g) A minimum of one day of appropriate in-service training is provided to employees to assist
them in preparing to take the competency tests.
(h) Competency tests are used to determine the qualification of new applicants seeking initial
employment in a particular classification title as either a regular or substitute employee.
(I) Notwithstanding any provisions in this code to the contrary, once an employee holds or has
held a classification title in a category of employment, that employee is considered qualified for the
classification title even though that employee no longer holds that classification.
(j) The requirements of this section do not alter the definitions of class titles as provided in
section eight of this article or the procedure and requirements of section eight-b of this article.
(k) Notwithstanding any other provision of this code to the contrary and notwithstanding any
rules of the School Board concerning school bus operator certification,
in effect on the effective date of this section the certification test for school bus operators shall be required as follows, and school bus
operators
shall may not be required to take the certification test more frequently:
(1) For substitute school bus operators and for school bus operators with regular employee status
but on a probationary contract, the certification test shall be administered annually;
(2) For school bus operators with regular employee status and continuing contract status, the
certification test shall be administered triennially; and
(3) For substitute school bus operators who are retired from a county board and who at the time
of retirement had ten years of experience as a regular full-time bus operator, the certification test shall
be administered triennially.
(4) School bus operator certificate. --
____(A) A school bus operator certificate may be issued to a person who has attained the age of
twenty-one, completed the required training set forth in State Board rule, and met the physical
requirements and other criteria to operate a school bus set forth in State Board rule.
____(B) The State Superintendent may, after ten days' notice and upon proper evidence, revoke the
certificate of any bus operator for any of the following causes:
____(i) Intemperance, untruthfulness, cruelty or immorality;
____(ii) Conviction of or guilty plea or plea of no contest to a felony charge;
____(iii) Conviction of or guilty plea or plea of no contest to any charge involving sexual misconduct
with a minor or a student;
____(iv) Just and sufficient cause for revocation as specified by State Board rule; and
____(v) Using fraudulent, unapproved or insufficient credit to obtain the certificates.
____(vi) Of the causes for certificate revocation listed in this paragraph (B), the following causes
constitute grounds for revocation only if there is a rational nexus between the conduct of the bus operator and the performance of the job:
____(I) Intemperance, untruthfulness, cruelty or immorality;
____(II) Just and sufficient cause for revocation as specified by State Board rule; and
____(III) Using fraudulent, unapproved or insufficient credit to obtain the certificate.
____(C) The certificate of a bus operator may not be revoked for either of the following unless it can
be proven by clear and convincing evidence that the bus operator has committed one of the offenses
listed in this subsection and his or her actions render him or her unfit to operate a school bus:
____(I) Any matter for which the bus operator was disciplined, less than dismissal, by the employing
county board; or
____(ii) Any matter for which the bus operator is meeting or has met an improvement plan
determined by the county board.
____(D) The State Superintendent may designate a review panel to conduct hearings on certificate
revocations or denials and make recommendations for action by the State Superintendent. The State
Board, after consultation with the West Virginia School Service Personnel Association, shall
promulgate a rule to establish the review panel membership and composition, method of appointment,
governing principles and meeting schedule.
____(E) It is the duty of any county superintendent who knows of any acts on the part of a bus
operator for which a certificate may be revoked in accordance with this section to report the same,
together with all the facts and evidence, to the State Superintendent for such action as in the State
Superintendent's judgment may be proper.
____(F) If a certificate has been granted through an error, oversight or misinformation, the State
Superintendent may recall the certificate and make such corrections as will conform to the requirements
of law and State Board rules.
____(5) The State Board shall promulgate in accordance with article three-b, chapter twenty-nine-a of this code, revised rules in compliance with this subsection."
The bill was then ordered to engrossment and third reading.
Delegate Brown announced that she was absent when the votes were taken on Roll Nos. 119
through 135, and that had she been present, she 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 Craig, Givens and Hunt.
At 3:13 p.m., the House of Delegates adjourned until 10:00 a.m., Wednesday, February 29,
2012.