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House Journal


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


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Friday, March 2, 2012

FIFTY-SECOND DAY

[Mr. Speaker, Mr. Thompson, in the Chair]

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Thursday, March 1, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 83, The "Vernon Craddock Memorial Bridge",
     And,
     H. C. R. 85, The "Cox Joe Gollie Memorial Bridge",
     And reports the same back with the recommendation that they each be adopted.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     Com. Sub. for S. B. 167, Authorizing counties and municipalities accept credit or check card as payment,
     And reports the same back with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 167) was referred to the Committee on the Judiciary.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     S. B. 156, Allowing Corrections Commissioner use excess funds to offset operational costs,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (S. B. 156) was referred to the Committee on Finance.
     Vice Chairman Hatfield, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     Com. Sub. for S. B. 4, Declaring child's right to nurse,        
     And reports the same back with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 4) was referred to the Committee on the Judiciary.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     S. B. 166, Making disarming or attempting to disarm correctional officer felony,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (S. B. 166) was referred to the Committee on Finance.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     S. B. 566, Relating to contracts with nonprofit and charitable entities for inmate work-release and transitional housing; court-ordered direct placement,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (S. B. 566) was referred to the Committee on Finance.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     Com. Sub. for S. B. 185, Relating to Employee Suggestion Award Program,
     Com. Sub. for S. B. 362, Authorizing bond issuance for Cacapon Resort State Park and Beech Fork State Park capital improvements,
     S. B. 430, Conforming code provisions to Streamlined Sales and Use Tax Agreement,
     Com. Sub. for S. B. 471, Authorizing Supreme Court establish mental hygiene commissioners' compensation,
     And reports the same back with the recommendation that it do pass.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     Com. Sub. for S. B. 186, Providing salary equity supplement payments to teachers and service personnel,
     And,
     S. B. 410, Requiring backup withholding for certain gambling prizes,
     And reports the same back, with amendments, with the recommendation that they each do pass, as amended.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B 517, Including community beautification and reclamation programs in authorized community corrections programs,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 517) was referred to the Committee on Finance.
Messages from the Executive

     Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on March 1, 2012, he approved S. B. 30, H. B. 4087 and H. B. 4415.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 4122, Relating to alternative programs for teacher education.      On motion of Delegate Boggs, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That §18A-3-1a and §18A-3-1b of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18A-3-12, all to read as follows:
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.
§18A-3-1a. Alternative programs for the education of teachers; legislative rules required.
     
(a) By August 15, 2005, the state board, after consultation with the Secretary of Education and the Arts, shall promulgate rules in accordance with the provisions of article three-b, chapter twenty-nine-a of this code for the approval and operation of teacher education programs which are an alternative to the regular college or university programs for the education of teachers.
     
(a) Definitions. -- For the purposes of this section, the following terms have the meaning ascribed to them, unless the context in which a term is used clearly requires a different meaning:
_____(1) 'Alternative program teacher certificate' means a certificate issued for one year to a candidate who does not meet the standard educational requirements for teacher certification;
_____(2) 'Approved education provider' means a partnership between one or more schools, school districts or regional educational service agencies and an institution of higher education in this state with a regionally accredited program for the education of professional educators approved by the state board or an entity affiliated with such an institution's approved program, that has submitted to the state board a plan and agreement between the organizations for the delivery of an alternative program in accordance with this section, and the state board has approved the plan and agreement; and
_____(3) 'Area of critical need and shortage' means an opening in an established, existing or newly-created position which has been posted at least two times in accordance with section seven-a, article four of this chapter and for which no fully-qualified applicant has been employed.
_____(b) Establishment of alternative teacher education programs. -- After consultation with the Secretary of Education and the Arts and the Chancellor of the Higher Education Policy Commission, the state board shall promulgate a legislative rule or rules in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this section. The proposed rule or rules shall be submitted to the Legislative Oversight Commission on Education Accountability for review prior to adoption. The rule or rules shall include, but are not limited to, the following issues:
_____(1) Separate procedures for the approval and operation of each of the alternative teacher education programs as provided in this section:
_____(A) These programs are an alternative to the regular college or university programs for the education of teachers and may only be offered by approved education providers; and
_____(B) Each program is separate from other programs established by this section;
_____(2) Procedures for approving an approved education provider as defined in this section. Approval is required prior to implementation the provider's program leading to certification to teach in the public schools of this state;
_____(3) An alternative program teacher may not be employed in a school, school district or regional educational service agency unless the school, school district or regional educational service agency is a part of a partnership that qualifies as an approved education provider as defined in subsection (a) of this section;
_____(4) Provisions for
setting tuition charges to offset program costs;
_____(5) The recommendation to rehire an alternative education program teacher, is subject to satisfactory progress in the applicable alternative education program by the holder of the alternative program certificate; and
_____
(6) When making decisions affecting the hiring of a teacher authorized to teach under an alternative program certificate as provided in this section, a county board shall give preference to applicants who hold a valid West Virginia professional teaching certificate.
_____
(c) Alternative teacher education program. --
_____
(1) To participate in an approved alternative teacher education program, the candidate must hold an alternative program teacher certificate issued by the state superintendent and endorsed for the instructional field in which the candidate seeks certification. An alternative program teacher certificate is a certificate issued for one year to a candidate who does not meet the standard educational requirements for certification.
     
(2) The certificate may be renewed no more than two times twice and no individual may hold an alternative program teacher certificate for a period exceeding three years. The alternative program teacher certificate shall be considered is equivalent to a professional teaching certificate for the purpose of the issuance of issuing a continuing contract.
     (3) To be eligible for an alternative program teacher certificate, an applicant shall meet the following criteria:
_____
(1) (A) Possess at least a bachelor's degree from a regionally accredited institution of higher education in a discipline taught in the public schools. except that the rules established by the board may exempt candidates in selected vocational and technical areas who have at least ten years' experience in the subject field from this requirement
     
(2) (B) Pass an appropriate state board approved the same basic skills and subject matter test or tests required by the state board for traditional program candidates to become certified in the area for which licensure is being sought;
     (3) (C) Be a citizen of the Hold United States citizenship; be of good moral character and be physically, mentally and emotionally qualified to perform the duties of a teacher; and have attained
     
(D) Attain the age of eighteen years on or before October 1 of the year in which the alternative program teacher certificate is issued;
     (4) (E) Have been offered Receive a formal offer of employment in an area of critical need and shortage by from a county board superintendent; in an area of critical need and shortage and
     
(5) (F) Qualify for employment following a criminal history check pursuant to section ten of this article;
_____(G) In the case of an applicant pursuing certification to teach American Sign Language, in lieu of paragraphs (A) and (B) of this subdivision, the applicant shall possess at least a bachelor's degree from a regionally accredited institution of higher education and pass an appropriate state board approved test or tests demonstrating the applicant's proficiency in American Sign Language; and
_____(H) In the case of applicants who have at least four years of experience in the subject field and are pursuing certification to teach in selected vocational and technical areas, in lieu of paragraphs (A) and (B) of this subdivision, the applicant shall pass an appropriate state board approved test or tests demonstrating the applicant's proficiency in the basic skills and occupational content areas.
_____
(4) Persons A person who satisfy satisfies the requirements set forth in subdivisions (1) through (5) subdivision (3) of this subsection shall be granted a formal document which will enable them authorizing him or her to work in a public school in West Virginia.
     (b) The rules adopted by the board shall include provisions for the approval of alternative teacher education programs which may be offered by schools, school districts, consortia of schools, or regional educational service agency and for the setting of tuition charges to offset the program costs. An approved alternative teacher education program shall be in effect for a school, school district, consortium of schools or regional educational service agency before an alternative program teacher may be employed in that school, school district, consortium of schools or regional educational service agency.
     
(5) An approved alternative program shall provide provides essential knowledge and skills to alternative program teachers through the following phases of training:
     (1) (A) Instruction. -- The alternative preparation program shall provide a minimum of eighteen semester hours of instruction in the areas of student assessment; development and learning; curriculum; classroom management; the use of educational computers and other technology; and special education and diversity. All programs shall contain a minimum of three semester hours of instruction in special education and diversity out of the minimum eighteen required semester hours. Subject to the approval of the state board, an approved education provider may provide instruction equivalent to the eighteen semester hours required by this paragraph through nontraditional methods, including, but not limited to, methods such as a series of modules covering the various topics, electronically delivered instruction, summer sessions, professional development and job-embedded mentoring.
_____
(2) (B) Phase I. -- Phase I shall consist consists of a period of intensive, on-the-job supervision by an assigned mentor and the school administrator for a period of not less fewer than two weeks and no more than four weeks. The assigned mentor shall meet the requirements for a beginning teacher internship mentor set forth in section two-b of this article and shall be paid the stipend authorized pursuant to that section. During this time, the teacher The state board shall provide, in its rule for the approval and operation of this program, requirements for the frequency and duration of time periods for the person holding an alternative certificate to observe in the classroom of the mentor. The person holding an alternative certificate shall be observed daily by the mentor or the school administrator during this phase. This phase shall include includes an orientation to the policies, organization and curriculum of the employing district. The alternative program teacher shall begin to receive formal instruction in those areas listed in subdivision (1) paragraph (A) of this subsection subdivision.
_____
(3) (C) Phase II. -- Phase II shall consist consists of a period of intensive, on-the-job supervision beginning the first day following the completion of Phase I and continuing for a period of at least ten weeks. During Phase II, the alternative program teacher shall be is visited and critiqued no less than at least one time per week by members of a professional support team, as defined in subsection (c) subdivision (6) of this section subsection, and shall be is observed and formally evaluated by the appropriately certified members of the team at the end of five weeks and again at the end of ten weeks by the appropriately certified members of the team at five-week intervals until the completion of this phase. At the end of the ten-week period completion of this phase, the alternative program teacher shall receive a formal written progress report from the chairperson of the support team evaluation by the principal. The alternative program teacher shall continue to receive formal instruction in those areas listed above under in paragraph (A), subdivision (1) of this subsection subdivision.
_____
(4) (D) Phase III. -- Phase III shall consist consists of an additional period of continued supervision and evaluation of no less fewer than twenty weeks duration. The professional support team will determine determines the requirements of this phase, with but those requirements shall include at least one formal evaluation being conducted at the completion of the phase by the principal. The alternative program teacher shall continue to receive formal instruction in those areas listed above in paragraph (A) subdivision (1) of this subsection subdivision, and receive shall be given opportunities to observe the teaching of experienced colleagues.
     (C) (6) Professional support team. --
_____
(A) Training and supervision of alternative program teachers shall be are provided by a professional support team comprised of a school principal, or his or her designee, an experienced classroom teacher who satisfies the requirements for mentor for the Beginning Educator Internship as specified in pursuant to section two-b of this article, a college or university education faculty member a representative of the institution of higher education that is a part of the partnership that qualifies as an approved education provider as defined in subsection (a) of this section or an entity affiliated with that institution, and a curriculum supervisor or other central office administrator with certification and training relevant to the training and supervision of the alternative program candidate.
_____
(B) Districts or schools which do not employ curriculum supervisors or have been unable to establish a relationship with a college or university shall provide for comparable expertise on the team.
     (C) The school principal, or his or her designee, shall serve serves as chairperson of the team.
     (D) The duration of each of the three phases of the program specified in paragraphs (B), (C) and (D), subdivision (5) of this subsection, in excess of the minimum durations provided in those paragraphs, shall be determined by the professional support team within guidelines provided by the state board in its rule for the approval and operation of this program.
_____
(E) In addition to other duties assigned to it under this section and section one-b of this article, the approved education provider shall submit a written evaluation of the alternative program teacher to the county superintendent. The written evaluation shall be in a form specified by the county superintendent and submitted on a date specified by the county superintendent that is prior to the first Monday of May. The evaluation shall report the progress of the alternative program teacher toward meeting the academic and performance requirements of the program.
     (d) (F) The training for professional support team members shall may be coordinated and provided by the Center for Professional Development in coordination with the school district, consortium of schools, regional educational service agency, and institution of higher education approved education provider or any combination of these agencies as set forth in the plan approved by the state board pursuant to subsection (e) subdivision (8) of this section subsection.
     (7) In lieu of and as an alternative to the professional support team specified in subdivision (6) of this subsection and its specific duties throughout the program phases as set forth in subdivision (5) of this section, a school or school district that has implemented a comprehensive beginning teacher induction program may, subject to the approval of the state board, provide for the training and supervision of alternative program teachers using a structure consistent with the structure implemented for the support, supervision and mentoring of beginning teachers: Provided, That all final decisions on the progress of the alternative program teacher and recommendations upon program completion shall rest with the principal.
_____
(e) (8) A school, school district, consortium of schools, or regional educational service agency An approved education provider seeking to employ approval for an alternative certification program teacher must shall submit a plan to the state board. and receive approval
_____(A) No alternative certification program may be implemented prior to receiving state board approval.
_____
(B) Each plan shall describe how the proposed training program will accomplish the key elements of an alternative program for the education of teachers as set forth in this section. Each school, school district, consortium of schools or regional educational service agency shall show evidence in its plan of having sought joint sponsorship of their training program with institutions of higher education.
     
(f) The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code for the approval and operation of alternative education programs to prepare highly qualified special education teachers that
_____(d) Alternative highly qualified special education teacher education program. --
_____
(1) These programs are separate from the programs established under the other provisions of this section and are applicable only to teachers who have at least a bachelor's degree in a program for the preparation of teachers from a regionally accredited institution of higher education.
     (2) These programs are subject to the other provisions of this section only to the extent specifically provided for in the rule.
     (3) These programs may be an alternative to the regular college and university programs for the education of special education teachers and also may address the content area preparation of certified special education teachers.
     (4) The programs shall incorporate professional development to the maximum extent possible to help teachers who are currently certified in special education to obtain the required content area preparation.
     (5) Participation in an alternative education program pursuant to this subsection shall may not affect any rights, privileges or benefits to which the participant otherwise would otherwise be entitled as a regular employee nor does it and may not alter any rights, privileges or benefits of participants on continuing contract status. The state board shall report to the Legislative Oversight Commission on Education Accountability on the programs authorized under this subsection during the July, 2005, interim meetings or as soon thereafter as practical prior to implementation of the programs.
     
(g) The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code for the approval and operation of alternative education programs to prepare highly qualified special education teachers that
     
(e) Additional alternative education program to prepare highly qualified special education teachers. --
_____
(1) These programs are separate from the programs established under the other provisions of this section and are applicable only to persons who hold a bachelor's degree from a regionally accredited institution of higher education.
     (2) These programs are subject to the other provisions of this section only to the extent specifically provided for in this the rule.
     (3) These programs may be an alternative to the regular college and university programs for the education of special education teachers and also may address the content area preparation of such these persons. The state board shall report to the Legislative Oversight Commission on Education Accountability on the programs authorized under this subsection during the July, 2005, interim meetings or as soon thereafter as practical prior to implementation of the programs.
     
(h) For the purposes of this section, 'area of critical need and shortage' means an opening in an established, existing or newly created position which has been posted in accordance with the provisions of section seven-a, article four of this chapter, and for which no fully qualified applicant has been employed.
     
(I) The recommendation to rehire an alternative education program teacher, pursuant to section eight-a, article two of this chapter is subject to the position being posted and no fully qualified applicant being employed: Provided, That this provision does not apply to teachers who hold a valid West Virginia professional teaching certificate and who are employed under a program operated pursuant to subsection (f).
     
(j) When making decisions affecting the hiring of an alternative program teacher under the provisions of this section, a county board shall give preference to applicants who hold a valid West Virginia professional teaching certificate.
§18A-3-1b. Recommendation for certification of alternative program teachers.
     At the conclusion of an alternative teacher education program, the principal chairperson of the professional support team, approved education provider shall prepare a comprehensive evaluation report on the alternative program teacher's performance. This report shall be submitted directly to the State Superintendent of Schools and shall contain a recommendation as to whether or not a professional certificate should be issued to the alternative program teacher. The report shall be made on standard forms developed by the State Superintendent.
     The comprehensive evaluation report shall include one of the following recommendations:
     (1) Approved: Recommends issuance of a professional certificate;
     (2) Insufficient: Recommends that a professional certificate not be issued but that the candidate be allowed to seek reentry on one or more occasions in the future into an approved alternative teacher education program; or
     (3) Disapproved: Recommends that a professional certificate not be issued and that the candidate not be allowed to enter into another approved alternative teacher education program in this state, but shall not be prohibited from pursuing teacher certification through other approved programs for the education of teachers in this state.
     The chairperson of the professional support team approved education provider shall provide the alternative program teacher with a copy of the alternative program teacher's written evaluation report and certification recommendation before submitting it to the state superintendent. If the alternative program teacher disagrees with the chairperson's provider's recommendation, the alternative program teacher may, within fifteen days of receipt, request an appeal in accordance with the certification appeals process established by the State Board of Education.
§18A-3-12. Technology integration specialists.
     The Legislature finds that technology integration specialists are becoming more crucial as technology plays a continuously increasing role in the education of students. In order to address the need for more technology integration specialists, the teacher preparation programs in this state shall cooperate with the state board to ensure that:
     (1) A portion of the technology integration hours required to apply for the Advanced Credential endorsed for Technology Integration Specialist is offered at each teacher preparation program while students are still working toward their teaching degree;
     (2) Teacher education program students are aware of the option of attaining a Technology Integration Specialist Advanced Credential and Temporary Authorization early enough so that they can take advantage of the hours offered; and
     (3) Alternative education programs are established by the teacher preparation programs to assist teachers who have already received their teaching certification attain the required hours necessary to earn a Technology Integration Specialist Advanced Credential. These alternative education programs are separate from programs required to be established by section one-a of this article."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4122 - "A Bill to amend and reenact §18A-3-1a and §18A-3-1b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-3-12, all relating to alternative programs for teacher education; providing definitions; including entity affiliated with approved teacher education programs to be a partner in offering programs; defining approved education provider; modifying definition of area of critical need and shortage; generally reorganizing section, updating terms and eliminating duplicative language; modifying alternative program teacher certificate requirements; eliminating requirement to post position of alternative program teacher each year prior to rehiring; authorizing alternative methods of instructional delivery and candidate supervision and modifying existing methods; modifying professional support team provisions; modifying reporting and recommendation requirements; requiring certain legislative rules; and requiring teacher education programs to cooperate with the state board to ensure that certain assistance is provided to help students pursuing a teaching degree and certified teachers attain the required hours to earn a Technology Integration Specialist Advanced Credential."
     On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 218), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
     Absent and Not Voting: Cann, Crosier, Givens, Kump, Longstreth, Michael, Moye and Talbott.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4122) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Resolutions Introduced

     Delegates T. Campbell, Azinger, Brown, Butcher, D. Campbell, Cann, Canterbury, Cowles, Craig, Crosier, Diserio, Ellington, Evans, Ferns, Ferro, Fragale, Guthrie, Hamilton, Hartman, Hatfield, Iaquinta, Jones, Manypenny, Michael, Miley, Morgan, Nelson, Overington, Pethtel, R. Phillips, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Skaff, Smith, Stowers, Swartzmiller, Varner and Walker offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 98 - "Designating 'My Home Among the Hills' by E. W. James, an official state
song.
     Whereas, At this time, "The West Virginia Hills," "This is My West Virginia," and "West Virginia, My Home Sweet Home" are the official state songs; and
     Whereas, State songs have not been updated since last adopted in 1963; and
     Whereas, "My Home Among the Hills" is well known to many West Virginians and is sung at many school ceremonies and functions; and
     Whereas, The music was composed by West Virginia Wesleyan College trustee E. W. "Bill" James, who was also the mayor of Clarksburg from 1957 to 1961; and
     Whereas, "My Home Among the Hills" comes from a larger work, "Out of the Whirlwind," that was written for the centennial celebration of the Statehood of West Virginia; and
     Whereas, The words that follow "My Home Among the Hills" honor West Virginia in a magnificent manner:
     "There's a land of rolling mountains where the sky is blue above.
     And though I may roam, I hurry home, to those friendly hills I love.
     Where moonlit meadows ring with the call of whippoorwills always you will find me in my home among the hills.
     And where the sun draws rainbows in the mist of waterfalls and mountain rills my heart will be always in the West Virginia Hills.
    There, autumn hillsides are bright with scarlet trees and in the spring, the robins sing while apple blossoms whisper in the breeze.
     And there is music in the flashing streams and joy in the fields of daffodils.
     Laughter through the happy valleys of my home among the hills."
     Whereas, "My Home Among the Hills" has found its way into some music method books for children; and
     Whereas, The Chanticleer Children's Chorus of West Virginia and many high school choirs include it in their performances; and
     Whereas, "My Home Among the Hills" is considered an unofficial state song and should be made official; and    
     Whereas, It is deemed desirable to add "My Home Among the Hills" as an official state song; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That "My Home Among the Hills" by E. W. James be designated an official state song; and, be it
     Further Resolved, That the Clerk of the House of Delegates is requested to forward a certified copy of this resolution to the Governor.
     Delegates Howell, Anderson, Azinger, Boggs, T. Campbell, Ellem, Evans, Fragale, Gearheart, Guthrie, Hall, Iaquinta, Manypenny, Marcum, Marshall, Moore, O'Neal, Pasdon, D. Poling, Romine, Savilla, Snuffer, Staggers, Wells and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 99 - "Requesting the Joint Committee on Government and Finance to study the use of the increase in personal and corporate income taxes and other types of taxes generated by the development of a designated area as a means of funding the highway or related development project."
     Whereas, Tax Increment Financing, or "TIF", is a public financing method that is used for subsidizing the creation or renovation of infrastructure, and other community-improvement projects in many countries, including the United States; and
     Whereas, Tax Increment Financing uses the projected increase in tax revenue to be gained by developing an area to assist in paying for the development project; and
     Whereas, Tax Increment Financing dedicates a portion of the projected increase in tax revenue within a certain defined district to finance the debt that is issued to pay for the project; and
     Whereas, The District of Columbia, and every state, except Arizona and Wyoming, have enabling legislation for tax increment financing; and
     Whereas, Currently, thousands of TIF districts operate nationwide in the US, from small and mid-sized cities, to the state of California, which originated Tax Increment Financing in the United States in 1952 and now maintains over four hundred TIF Districts; and
     Whereas, On November 5, 2002, the people of West Virginia ratified Amendment One to the West Virginia Constitution allowing the use of tax increment financing secured by property taxes to fund economic development and job creation in the state; and
     Whereas, Amendment One was implemented by the West Virginia Tax Increment Financing Act (W. Va. Code § 7-11B-1 et seq.,), which was passed by the West Virginia State Legislature during the 2002 regular legislative session; and
     Whereas, The success of tax increment financing in West Virginia and elsewhere makes it desirable to investigate the use of the increase in personal and corporate income taxes and other types of taxes generated by the development of a designated area as a means of funding the highway or related development project; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the use of the increase in personal and corporate income taxes and other types of taxes generated by the development of a designated area as a means of funding the highway or related development project; 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 necessary 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 R. Phillips, Rodighiero, Stowers and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 100 - "Requesting the Division of Highways to name bridge number 23-16-3.92 on Buffalo Creek Road at the Braeholm Straight Stretch, known as the 'Braeholm Bridge', in Logan County, the 'Donald J. Bragg Memorial Bridge'."
     Whereas, Donald J. Bragg was born on October 27, 1937, the son of Valentine and Caroline Bragg at Latrobe West Virginia. He had ten siblings: Charles Bragg, Jamie Bragg, Bobby Bragg, Danny Bragg, Larry Bragg, Kenny Bragg, Shirley Hollis, Frances Scaggs, Diana Brown, and Drema Stepp. All seven sons serving in the Armed Forces; and
     Whereas, Donald J. Bragg, as a young man, worked as a custodian at the Guyan Eagle Grill at Amherstdale, West Virginia. Donald enlisted in the U.S. Army at age 23 and served his country for nine years. During his military service, Donald was stationed at Fort Knox Kentucky, Fort Devens Massachusetts, Fort Riley Kansas, and the 38th parallel in Korea. He was called to serve his country in the Republic of Vietnam in January 1967 until January 1968 as a Combat Engineer assigned to the 20th Engineer Brigade. He distinguished himself during his tour in Vietnam through tireless devotion to duty and gallantry, receiving The Bronze Star Medal for Meritorious Achievement in Ground Operations Against Hostile Forces in that conflict. He also received The National Defense Service Medal, Vietnam Service Medal with Bronze Star attachment, Republic of Vietnam Campaign Ribbon with device (1960), The Good Conduct Medal and Expert Rifle. After his tour in Vietnam, Donald was assigned to burial detail as a Non-Commissioned Officer in charge of the burial of Killed in Action servicemen returning from Vietnam. He was honorably discharged from active duty on March 5, 1969, as an E-6 Staff Sergeant. Donald J. Bragg was a Disabled Vietnam Veteran and a proud lifetime member of the Veterans of Foreign Wars; and
     Whereas, While serving his country, Donald J. Bragg, started his own family with Eunice R. Adkins of Robinette. They married and raised eight children: Jimmy Ray Adkins, Charles Edward Urconis, Ricky Gene Bragg, Randy Lee Bragg, Trina Michele Bragg, Donald Gene Bragg, Randall Lee Bragg and Kent Valentine Bragg. Eventually there were twenty-one wonderful grandchildren and twelve great grandchildren. Donald was always a proud veteran and good employee stemming from the values placed on him from his childhood. He was a valuable employee and trusted confidante. He was employed after his military service with C.H. Jimerson Construction Company, helped start Tridelphia Bit Company and was the shop foreman for many years. Donald eventually co-founded and became a business owner himself of B&B Bit Company at Amherstdale, West Virginia. All his life Donald was a proud father, devoted family man, outstanding provider, and wonderful husband. Donald fought one final battle in his life losing it to cancer on February 7, 2009. His contributions to his country, state and community 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 bridge number 23-16- 3.92 on Buffalo Creek Road at the Braeholm Straight Stretch, known as the "Braeholm Bridge", in Logan County, the "Donald J. Bragg Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Donald J. Bragg Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Donald J. Bragg.
     Delegates Iaquinta, Cann, Fragale and Miley offered the following resolution, which was read by the Clerk as follows:
     H. C. R. 101 - "Requesting that bridge number 17-20-1.14 on Route 20 in Harrison County, West Virginia, be named the 'John Charles Giese Memorial Bridge'."
     Whereas, John Charles Giese was born on October 21, 1926 in St. Petersburg, Florida and passed away on March 12, 2011; and
     Whereas, John Charles Giese graduated in 1950 from the University of Florida with a Bachelor's Degree in Civil Engineering; and
     Whereas, Immediately following graduation, John Charles Giese accepted a postgraduate internship with the American Bridge Company in Ambridge, Pennsylvania as a Structural Detailer and later accepted a position with Bridge and Marine Test Branch at Fort Belvoir, in Virginia testing military bridges; and
     Whereas, In 1995 John Charles Giese moved to West Virginia working as a bridge engineer with the firm of Frank McEnteer; and
     Whereas, In 1997 John Charles Giese opened his own firm, John C. Giese Engineers, Inc., in Clarksburg and continued working on Interstate 81; and
     Whereas, John Charles Giese designed the first full cloverleaf in West Virginia on Interstate 81; and
     Whereas, John Charles Giese served in the United State Navy and in 2007 was elected to the West Virginia Academy of Civil Engineers; and
     Whereas, During his fifty-eight years as an engineer John Charles Giese designed approximately six hundred bridges in West Virginia; and
     Whereas, John Charles Giese's wife Sylvia earned her master's degree at West Virginia University and four of their six children graduated from West Virginia University, their eldest son having received a Masters in Civil Engineering; and
     Whereas, In 2008 John Charles Giese and his wife Sylvia moved to Crystal River, Florida where he passed away; and
     Whereas, John Charles Giese was a member of the Immaculate Conception Parish in Clarksburg and St. Benedict's Catholic Church in Crystal River; and
     Whereas, John Charles Giese served his country and his state with honor and distinction; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 17-20-1.14 on Route 20 in Harrison County, West Virginia the "John Charles Giese 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 "John Charles Giese Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Commissioner of the Division of Highways, his loving wife, Sylvia Giese; his daughters, Sylvia G. Casey, Virginia G. Karlsen and Dr. Alexis A. Giese; and his sons, J. Christopher Giese, Patrick Giese and Samuel Giese.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H.C. R. 101) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Special Calendar

Unfinished Business

     The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
     H. R. 28, Designating September 26 as "Mesothelioma Awareness Day",
     H. C. R. 49, The "LTC Spencer J. Campbell Memorial Bridge",
     H. C. R. 75, The "McCellan Highway and Jerry Lee Richards Memorial Highway",
     And,
     H. C. R. 96, The "Fields Brothers Memorial Highway".
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

     
Com. Sub. for S. B. 100, Relating to fees collected by circuit court clerks; 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. 219), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Cann, Crosier, Givens, Kump, Longstreth and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 100) passed.
     On motion of Delegate Miley, the title of the bill was amended to read as follows:
     Com. Sub. for S. B.100 - "A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to collecting fees by circuit clerks; removing the requirement that the circuit clerk charge three times the amount of actual postage when sending certain documents by mail or express; and allowing for the collection of a fee equal to the actual amount of the postage and express costs for sending decrees, orders or records that have not been ordered to be sent by mail or express."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 205, Relating to construction zone signage; 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. 220), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Cann, Crosier, Givens, Kump, Longstreth and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 205) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 385, Expanding definition of "computer" in commission of certain crimes; 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. 221), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Cann, Crosier, Givens, Kump, Longstreth and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 385) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 429, Relating to motor vehicle classifications; 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. 222), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Cann, Crosier, Givens, Kump, Longstreth and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 429) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 434, Providing suggestion and suggestee execution contain certain information; 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. 223), and there were--yeas 94, nays 0, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Cann, Crosier, Givens, Kump, Longstreth and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 434) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 224), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Cann, Crosier, Givens, Kump, Longstreth and Michael.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 434) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     Com. Sub. for S. B. 191, Relating to personal safety orders; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following language:
     "That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §53-8-1, §53-8-2, §53-8-3, §53-8-4, §53-8-5, §53-8-6, §53-8-7, §53-8-8, §53-8-9, §53-8-10, §53-8-11, §53-8-12, §53-8-13, §53-8-14, §53-8-15, §53-8-16 and §53-8-17, all to read as follows:
ARTICLE 8. PERSONAL SAFETY ORDERS.
§53-8-1. Definitions.
     In this article the following words have the meanings indicated.
     (1) Final personal safety order. -- 'Final personal safety order' means a personal safety order issued by a magistrate under section seven of this article.
     (2) Incapacitated adult. - 'Incapacitated adult' means any person who by reason of physical, mental or other infirmity is unable to physically carry on the daily activities of life necessary to sustaining life and reasonable health.
     (3) Law-enforcement officer. -- 'Law-enforcement officer' means any duly authorized member of a law-enforcement agency who is authorized to maintain public personal safety and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality thereof, other than parking ordinances.
     (4) Petitioner. -- 'Petitioner' means an individual who files a petition under section four of this article.
     (5) Place of employment. -- 'Place of employment' includes the grounds, parking areas, outbuildings and common or public areas in or surrounding the place of employment.
     (6) Residence. - 'Residence' includes the yard, grounds, outbuildings and common or public areas in or surrounding the residence.
     (7) Respondent. -- 'Respondent' means an individual alleged in a petition to have committed an act specified in subsection (a), section four of this article against a petitioner.
     (8) School. -- 'School' means an educational facility comprised of one or more buildings, including school grounds, a school bus or any school-sponsored function or extracurricular activities. For the purpose of this subdivision, 'school grounds' includes the land on which a school is built together with such other land used by students for play, recreation or athletic events while attending school. 'Extracurricular activities' means voluntary activities sponsored by a school, a county board or an organization sanctioned by a county board or the State Board of Education and include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, organizations and clubs.
     (9) Sexual offense. -- 'Sexual offense' means the commission of any of the following sections:
     (A) Section nine, article eight, chapter sixty-one of this code;
     (B) Section twelve, article eight, chapter sixty-one of this code;
     (C) Section two, article eight-a, chapter sixty-one of this code;
     (D) Section four, article eight-a, chapter sixty-one of this code;
     (E) Section five, article eight-a, chapter sixty-one of this code;
     (F) Section three, article eight-b, chapter sixty-one of this code;
     (G) Section four, article eight-b, chapter sixty-one of this code;
     (H) Section five, article eight-b, chapter sixty-one of this code;
     (I) Section seven, article eight-b, chapter sixty-one of this code;
     (J) Section eight, article eight-b, chapter sixty-one of this code;
     (K) Section nine, article eight-b, chapter sixty-one of this code;
     (L) Section two, article eight-c, chapter sixty-one of this code;
     (M) Section three, article eight-c, chapter sixty-one of this code;
     (N) Section three-a, article eight-d, chapter sixty-one of this code;
     (O) Section five, article eight-d, chapter sixty-one of this code; and
     (P) Section six, article eight-d, chapter sixty-one of this code.
     (10) Temporary personal safety order.-- 'Temporary personal safety order' means a personal safety order issued by a magistrate under section five of this article.
§53-8-2. Confidentially of proceedings.
     (a) General Provisions. -- All orders, findings, pleadings, recordings, exhibits, transcripts or other documents contained in a court file are confidential and are not available for public inspection: Provided, That unless the file is sealed pursuant to section eighteen of this article or access is otherwise prohibited by order, any document in the file shall be available for inspection and copying by the parties, attorneys of record, guardians ad litem, designees authorized by a party in writing and law enforcement. A magistrate or circuit judge may open and inspect the entire contents of the court file in any case pending before the magistrate's or judge's court. When sensitive information has been disclosed in a hearing, pleading or document filing, the court may order such information sealed in the court file. Sealed court files shall be opened only pursuant to section eighteen of this article.
     (b) (1) Proceedings are not open to the public. -- Hearings conducted pursuant to this article are closed to the general public except that persons whom the court determines have a legitimate interest in the proceedings may attend.
     (2) A person accompanying the petitioner may not be excluded from being present if his or her presence is desired by the person seeking a petition unless the person's behavior is disruptive to the proceeding.
     (c) Orders permitting examination or copying of file contents. -- Upon written motion, for good cause shown, the court may enter an order permitting a person who is not permitted access to a court file under subsection (a) to examine and/or copy documents in a file. Such orders shall set forth specific findings which demonstrate why the interests of justice necessitate the examination, copying, or both, and shall specify the particular documents to be examined and/or copied and the arrangements under which such examination, copying, or both, may take place.
     (d) Obtaining confidential records. -- Unless both the petitioner and the respondent waive confidentiality in writing, records contained in the court file may not be obtained by subpoena but only by court order and upon full compliance with statutory and case law requirements.
§53-8-3. Who may file; exclusivity; applicability of article.

     (a) Who may file a petition. -- A petition for relief under this article may be filed by:
     (1) A person seeking relief under this article for herself or himself; or
     (2) A parent, guardian or custodian on the behalf of a minor child or an incapacitated adult.
     (b) Other remedies generally not precluded. -- By proceeding under this article, a petitioner is not limited to or precluded from pursuing any other legal remedy.
     (c) Circumstances where article is inapplicable. -- This article does not apply to a petitioner who is a person eligible for relief under article twenty-seven, chapter forty-eight of this code.
     (d) Right to file. -- No person may be refused the right to file a petition under the provisions of this article. No person may be denied relief under the provisions of this article if she or he presents facts sufficient under the provisions of this article for the relief sought.
§53-8-4. Petition seeking relief.
     (a) Underlying acts. -- A petitioner may seek relief under this article by filing with a magistrate court a petition that alleges the commission of any of the following acts against the petitioner by the respondent:
     (1) A sexual offense or attempted sexual offense as defined in section one of this article; or
     (2) A violation of section nine-a, article two, chapter sixty-one of this code.
     (b) Contents. --
     The petition shall:
     (1) Be verified and provide notice to the petitioner that an individual who knowingly provides false information in the petition is guilty of a misdemeanor and on conviction is subject to the penalties specified in subsection (d) of this section;
     (2) Subject to the provisions of subsection (c) of this section, contain the address of the petitioner; and
     (3) Include all information known to the petitioner of:
     (A) The nature and extent of the act specified in subsection (a) of this section for which the relief is being sought, including information known to the petitioner concerning previous harm or injury resulting from an act specified in subsection (a) of this section by the respondent;
     (B) Each previous and pending action between the parties in any court; and
     (C) The whereabouts of the respondent.
     (c) Address may be stricken. -- If, in a proceeding under this article, a petitioner alleges, and the court finds, that the disclosure of the address of the petitioner would risk further harm to the petitioner or a member of the petitioner's household, that address may be stricken from the petition and omitted from all other documents filed with, or transferred to, a court.
     (d) Providing false information. -- An individual who knowingly provides false information in a petition filed under this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $1,000 or confined in jail not more than ninety days, or both.
     (e) Withdrawal or dismissal of a petition prior to adjudication operates as a dismissal without prejudice. -- No action for a personal safety order may be dismissed because the respondent is being prosecuted for a crime against the petitioner. For any action commenced under this article, dismissal of a case or a finding of not guilty, does not require dismissal of the action for a civil protection order.
§53-8-5. Temporary personal safety orders.
     (a) Authorized; forms of relief available. --
     (1) If after a hearing on a petition, whether ex parte or otherwise, a magistrate finds that there is reasonable cause to believe that the respondent has committed an act specified in subsection (a), section four of this article, against the petitioner, the magistrate shall issue a temporary personal safety order to protect the petitioner.
     (2) The temporary personal safety order may include any or all of the following relief:
     (A) Order the respondent to refrain from committing or threatening to commit an act specified in subsection (a), section four of this article against the petitioner;
     (B) Order the respondent to refrain from contacting, attempting to contact or harassing the petitioner directly, indirectly or through third parties regardless of whether those third parties know of the order;
     (C) Order the respondent to refrain from entering the residence of the petitioner;
     (D) Order the respondent to remain away from the place of employment, school or residence of the petitioner;
     (E) Order the respondent not to visit, assault, molest or otherwise interfere with the petitioner and, if the petitioner is a child, the petitioner's siblings and minors residing in the household of the petitioner;
     (F) The court, in its discretion, may prohibit a respondent from possessing a firearm as defined in section seven, article seven, chapter sixty-one of this code if:
     (I) A weapon was used or threatened to be used in the commission of the offense predicating the petitioning for the personal safety order;
     (ii) The respondent has violated any prior order as specified under this article; or
     (iii) The respondent has been convicted of an offense involving the use of a firearm;
     (G) Direct the respondent to participate in professionally supervised counseling or, if the parties are amenable, mediation; and
     (H) Order either party to pay filing fees and costs of a proceeding pursuant to section thirteen of this article.
     (3) If the magistrate issues an order under this section, the order shall contain only the relief necessary to protect the petitioner.
     (b) Immediate. -- The temporary personal safety order shall be immediately served on the respondent by law enforcement, or at the option of the petitioner, pursuant to rules promulgated pursuant to section fifteen of this article.
     (c) Length of effectiveness. --
     (1) The temporary personal safety order shall be effective for not more than thirty days after service of the order.
     (2) The magistrate may extend the temporary personal safety order as needed but not to exceed an additional thirty days and to effectuate service of the order where necessary to provide protection or for other good cause.
     (d) Final personal safety order hearing. -- The magistrate may proceed with a final personal safety order hearing instead of a temporary personal safety order hearing if:
     (1) (A) The respondent appears at the hearing; or
     (B) The court otherwise has personal jurisdiction over the respondent; and
     (2) The petitioner and the respondent expressly consent to waive the temporary personal safety order hearing.
§53-8-6. Respondent's opportunity to be heard; notice to respondent.
     (a) Respondent's opportunity to be heard. -- A respondent shall have an opportunity to be heard on the question of whether the magistrate should issue a final personal safety order subject to the provisions of this section.
     (b) Personal safety order hearing. -- Date and time; notice.
     (1) (A) The temporary personal safety order shall state the date and time of the final personal safety order hearing.
     (B) Unless continued for good cause, the final personal safety order hearing shall be held no later than thirty days after the temporary personal safety order is served on the respondent.
     (2) The temporary personal safety order shall include notice to the respondent:
     (A) In at least ten-point bold type, that if the respondent fails to appear at the final personal safety order hearing, the respondent may be served by first-class mail at the respondent's last known address with the final personal safety order and all other notices concerning the final personal safety order;
     (B) Specifying all the possible forms of relief under subsection (d) of section seven, that the final personal safety order may contain;
     (C) That the final personal safety order shall be effective for the period stated in the order, not to exceed two years; and
     (D) In at least ten-point bold type, that the respondent must notify the court in writing of any change of address.
§53-8-7. Personal safety hearing; forms of relief.
     (a) Final personal safety order hearing. --
     Proceeding; issuance of order. -- If the respondent appears for the final personal safety order hearing, has been served with a temporary personal safety order or the respondent waives personal service, the magistrate:
     (1) May proceed with the final personal safety order hearing; and
     (2) May issue a final personal safety order to protect the petitioner if the court finds by a preponderance of the evidence that:
     (A) (I) The respondent has committed an act specified in subsection (a), section four of this article against the petitioner; and
     (ii) The petitioner has a reasonable apprehension of continued unwanted or unwelcome contacts by the respondent; or
     (B) The respondent consents to the entry of a personal safety order.
     (b) A final personal safety order may be issued only to an individual who has filed a petition or on whose behalf a petition was filed under section three of this article.
     (c) In cases where both parties file a petition under section four of this article, the court may issue mutual personal safety orders if the court finds by a preponderance of the evidence that:
     (1) Each party has committed an act specified in subsection (a), section four of this article against the other party; and
     (2) Each party has a reasonable apprehension of continued unwanted or unwelcome contacts by the other party.
     (d) Personal safety order - Forms of relief. --
     (1) The final personal safety order may include any or all of the following relief:
     (A) Order the respondent to refrain from committing or threatening to commit an act specified in subsection (a), section four of this article against the petitioner;
     (B) Order the respondent to refrain from contacting, attempting to contact or harassing the petitioner directly, indirectly, or through third parties regardless of whether those third parties know of the order;
     (C) Order the respondent to refrain from entering the residence of the petitioner;
     (D) Order the respondent to remain away from the place of employment, school or residence of the petitioner;
     (E) Order the respondent not to visit, assault, molest or otherwise interfere with the petitioner and, if the petitioner is a child, the petitioner's siblings and minors residing in the household of the petitioner.
     (F) The court, in its discretion, may prohibit a respondent from possessing a firearm as defined in section seven, article seven, chapter sixty-one of this code if:
     (I) A weapon was used or threatened to be used in the commission of the offense predicating the petitioning for the personal safety order;
     (ii) The respondent has violated any prior order as specified under this article; or
     (iii)The respondent has been convicted of an offense involving the use of a firearm.
     (G) Direct the respondent to participate in professionally supervised counseling or, if the parties are amenable, mediation; and
     (H) Order either party to pay filing fees and costs of a proceeding pursuant to section thirteen of this article.
     (2) If the magistrate issues an order under this section, the order shall contain only the relief necessary to protect the petitioner.
     (e) Personal safety order - Service. --
     (1) A copy of the final personal safety order shall be served on the petitioner, the respondent, the appropriate law-enforcement agency and any other person the court determines is appropriate, including a county board of education, in open court or, if the person is not present at the final personal safety order hearing, by first-class mail to the person's last known address or by other means in the discretion of the court.
     (2) (A) A copy of the final personal safety order served on the respondent in accordance with subdivision (1) of this subsection or the hearing the announcement of the court's ruling in court, constitutes actual notice to the respondent of the contents of the final personal safety order.
     (B) Service is complete upon mailing.
     (f) Length of effectiveness. -- All relief granted in a final personal safety order shall be effective for the period stated in the order, not to exceed two years.
§53-8-8. Modification and rescission.
     (a) A personal safety order may be modified or rescinded during the term of the personal safety order after:
     (1) Giving notice to the petitioner and the respondent; and
     (2) A hearing.
     (b) Modification may include extending the term of the personal safety order if the order was previously issued for a term of less than the two-year maximum term set forth in section seven of this article.
§53-8-9. Appeals.
     (a) If a magistrate grants or denies relief under a petition filed under this article, a respondent or a petitioner may appeal to the circuit court for the county where the magistrate court is located.
     (b) An appeal taken under this section shall be heard de novo in the circuit court.
     (c) (1) If an appeal is filed under this section, the magistrate court judgment shall remain in effect until superseded by a judgment of the circuit court; and
     (2) Unless the circuit court orders otherwise, modification or enforcement of the magistrate court order shall be by the magistrate court.
§53-8-10. Statement concerning violations.
     A temporary personal safety order and final personal safety order issued under this article shall state that a violation of the order may result in:
     (1) Criminal prosecution; and
     (2) Incarceration, fine or both.
§53-8-11. Penalties.
     (a) Fines or incarceration. -- An individual who fails to comply with the relief granted in a temporary personal safety order or a final personal safety order entered pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall:
     (1) For a first offense, be fined not more than $1,000 or confined in jail not more than ninety days, or both; and
     (2) For a second or subsequent offense, be fined not more than $2,500 or confined in jail not more than one year, or both.
     (b) Arrest. -- A law-enforcement officer shall arrest with or without a warrant and take into custody an individual who the officer has probable cause to believe is in violation of a temporary or final personal safety order in effect at the time of the violation.
§53-8-12. Priority of petitions.
     Any petition filed in magistrate court under the provisions of this article shall be given priority over any other civil action before the court, except actions pursuant to article twenty-seven, chapter forty-eight of this code and those in which trial is in progress, and shall be docketed immediately upon filing.
§53-8-13. Fees and costs.
     (a) Charges for fees and costs postponed. -- No fees may be charged for the filing of petitions or other papers, service of petitions or orders, copies of orders or other costs for services provided by, or associated with, any proceedings under this article until the matter is brought before the court for final resolution.
     (b) Assessment of court costs and fees when temporary order is denied. -- If the petition is denied, court costs and fees shall be assessed by the magistrate against the petitioner at the conclusion of the temporary hearing, unless a fee waiver affidavit reflecting inability to pay has been filed or prohibited by federal law.
     (c) Costs and fees may not be assessed against a prevailing party.
     (d) Assessment of court costs and fees when personal safety order is granted. -- Except as in subsection (c), court costs and fees shall be assessed by the court at the conclusion of a proceeding, unless a fee waiver affidavit reflecting inability to pay has been filed.
     (e) Assessment of court costs and fees when petitioner moves to terminate order. -- No court costs or fees shall be assessed against a petitioner who moves to terminate an order, whether the court grants or denies the motion.
     (f) A person seeking waiver of fees, costs or security pursuant to section one, article two, chapter fifty-nine of this code shall execute before the clerk where the matter is pending a fee waiver affidavit which shall be kept confidential. An additional fee waiver affidavit shall be filed whenever the financial condition of the person no longer conforms to the financial condition established by the Supreme Court of Appeals for determining inability to pay fees or whenever an order has been entered directing the filing of a new affidavit.
§53-8-14. Service by law enforcement.
     Notwithstanding any other provision of this code to the contrary, all law-enforcement officers are hereby authorized and required to serve all pleadings and orders filed or entered pursuant to this article on Sundays and legal holidays. No law-enforcement officer may refuse to serve any pleadings or orders entered pursuant to this article. Law enforcement shall attempt to serve all orders without delay: Provided, That service of process shall be attempted within seventy-two hours of law enforcement's receipt of the order. If service is not made, law enforcement shall continue to attempt service on the respondent until proper service is made.
§53-8-15. Rules and forms.
     (a) Authorized. -- The Supreme Court of Appeals may adopt rules and forms to implement the provisions of this article.
     (b) Petition form. --
     (1) The Supreme Court of Appeals is requested to adopt a form for a petition under this article.
     (2) A petition form shall contain notice to a petitioner that an individual who knowingly provides false information in a petition filed under this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in section four of this article.
§53-8-16. Limitation on use of information.
     Nothing in this article authorizes the inclusion of information contained in petition, pleadings or orders provided for by this article to be submitted to any local, state, interstate, national or international systems of criminal identification pursuant to section twenty-four, article two, chapter fifteen of this code. Nothing in this section prohibits the West Virginia State Police from processing information through its criminal identification bureau with respect to any actual charge or conviction of a crime.
§53-8-17. Sealing of records.
(a) Definitions. --
     (1) In this section the following words have the meanings indicated.
     (2) 'Court record' means an official record of a court about a proceeding that the clerk of a court or other court personnel keeps. 'Court record' includes an index, a docket entry, a petition or other pleading, a memorandum, a transcription of proceedings, an electronic recording, an order and a judgment.
     (3) 'Seal' means to remove information from public inspection in accordance with this section.
     (4) 'Sealing' means:
     (A) With respect to a record kept in a courthouse, removing to a separate secure area to which persons who do not have a legitimate reason for access are denied access;
     (B) With respect to electronic information about a proceeding on the website maintained by the magistrate court, circuit court or the Supreme Court of Appeals, removing the information from the public website; and
     (C) With respect to a record maintained by any law-enforcement agency, by removing to a separate secure area to which persons who do not have a legitimate reason for access are denied access.
     (b) Written request. -- Either party to a petition filed pursuant to this article may file a written request with the circuit to seal all court records relating to the proceeding.
     (c) Timing. -- A request for sealing under this section may not be filed within two years after the entry of a final order, or the denial or dismissal of the petition.
     (d) Notice, hearing and findings. --
     (1) On the filing of a request for sealing under this section, the circuit court shall schedule a hearing on the request.
     (2) The court shall give notice of the hearing to the parties.
     (3) After the hearing, the court shall order the sealing of all court records relating to the proceeding if the court finds:
     (A) Good cause to grant the request. In determining whether there is good cause to grant the request to seal court records, the court shall balance the privacy and potential danger of adverse consequences to the parties against the potential risk of future harm and danger to the petitioner and the community; and
     (B) That none of the following are pending at the time of the hearing:
     (I) A temporary personal safety order or protective order issued against the respondent in a proceeding between the petitioner and the respondent; or
     (ii) A criminal charge against the respondent arising from an alleged act described in subsection (a) section four of this article in which the petitioner is the victim.
     (e) Access to a sealed record. --
     (1) This section does not preclude the following persons from accessing a sealed record for a legitimate reason:
     (A) A law-enforcement officer;
     (B) An attorney who represents or has represented the petitioner or the respondent in a proceeding;
     (C) A prosecuting attorney; or
     (D) An employee of the Department of Health and Human Resources.
     (2) (A) A person not listed in subdivision (1) of this subsection may subpoena or file a motion for access to a record sealed under this section.
     (B) If the circuit court finds that the person has a legitimate reason for access, the court may grant the person access to the sealed record under the terms and conditions that the court determines.
     (C) In ruling on a motion under this subdivision, the court shall balance the person's need for access to the record with the respondent's right to privacy and the potential harm of unwarranted adverse consequences to the respondent that the disclosure may create.
     (f) Compliance with order. -- Within sixty days after entry of an order under subdivision (3), subsection (d) of this section, each custodian of court records that are subject to the order of sealing shall advise in writing the court and the parties of compliance with the order."
     The bill was then ordered to third reading.
     S. B. 214, Clarifying sunrise review requirement for establishment, revision or expansion of professional scope of practice; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for S. B. 382, Relating to sex offender registration; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for S. B. 536, Authorizing Auditor's land department accept credit, debit or charge card payments; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to further consideration of S. B. 191, having been read a second time in earlier proceedings.
     On motion of the same gentleman, S. B. 191 was advanced to third reading, with restricted right to amend by Delegates Manchin and Ellem.
First Reading

     S. B. 365, Increasing membership of PEIA Finance Board; on first reading, coming up in regular order, was read a first time and ordered to second reading:
     At 11:30 a.m., on motion of Delegate Boggs, the House of Delegates recessed for fifteen minutes, and reconvened at that time.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     Com. Sub. for S. B. 76, Creating Green Buildings Act,
     And reports the same back, with amendment, with the recommendation it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 76) was referred to the Committee on Finance.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     Com. Sub. for S. B. 621, Requiring DOH concurrence that major subdivisions or land developments provide sufficient access,
     And,
     S. B. 655, Allowing licensure of certain veterinarians by endorsement,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     S. B. 424, Exempting certain barbers from continuing education requirement,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     Com. Sub. for S. B. 387, Requiring training of floodplain managers,
     And reports the same back with the recommendation that it do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     Com Sub. for S. B. 528, Relating to scrap metal dealers and scrap metal,
     Com Sub. for S. B. 623, Authorizing PSC promulgate rules establishing capacity improvement fee requirements,
     And,
     Com Sub. for S. B. 647, Providing Boards of Medicine, Dental Examiners and Osteopathy initiate disciplinary proceedings related to controlled substance monitoring program data,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 528, Com. Sub. for S. B. 623 and Com. Sub. for S. B. 647) were each referred to the Committee on the Judiciary.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     Com. Sub. for S. B. 212, Creating criminal offense for disrupting communications and public utility services,
     And reports the same back with the recommendation it do pass, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 212) was referred to the Committee on the Judiciary.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     On motion for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as follows:
By Delegates White, T. Campbell, Guthrie, Iaquinta, Mahan, Perdue, L. Phillips, M. Poling, Reynolds, Williams and Evans:
     H. B. 4656 - "A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2012, to the Division of Human Services - Temporary Assistance for Needy Families, fund 8816, fiscal year 2012, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2012,"
     And,
By Delegates White, T. Campbell, Guthrie, Iaquinta, Marshall, L. Phillips, D. Poling, M. Poling, Williams, Ashley and Canterbury:
     H. B. 4657 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2012, to the Department of Administration, Department of Administration - Office of the Secretary - Employee Pension and Health Care Benefit Fund, fund 2044, fiscal year 2012, organization 0201, to the Department of Administration - Division of Purchasing - Purchasing Improvement Fund, fund 2264, fiscal year 2012, organization 0213, to the Department of Environmental Protection - Division of Environmental Protection - Oil and Gas Operating Permit and Processing Fund, fund 3323, fiscal year 2012, organization 0313, to the Department of Environmental Protection - Division of Environmental Protection - Stream Restoration Fund, fund 3349, fiscal year 2012, organization 0313, to the Department of Environmental Protection - Division of Environmental Protection - Mountaintop Removal Fund, fund 3490, fiscal year 2012, organization 0313, to the Department of Health and Human Resources - Division of Human Services - West Virginia Works Separate State Two-Parent Program Fund, fund 5468, fiscal year 2012, organization 0511, to a new item of appropriation designated to the to the Department of Military Affairs and Public Safety - West Virginia State Police - State Police Academy Post Exchange, fund 6544, fiscal year 2012, organization 0612, to the Department of Revenue - Racing Commission - General Administration, fund 7305, fiscal year 2012, organization 0707, to the Miscellaneous Boards and Commissions - WV State Board of Examiners for Licensed Practical Nurses, fund 8517, fiscal year 2012, organization 0906, and to the Miscellaneous Boards and Commissions - Public Service Commission - Consumer Advocate, fund 8627, fiscal year 2012, organization 0926, by supplementing and amending chapter 11, Acts of the Legislature, regular session, 2011, known as the Budget Bill."
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     Com. Sub. for S. B. 371, Providing school system under declared state of emergency participate as innovation zone pilot project,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for S. B. 371) to the Committee on Finance was abrogated.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Cann, Crosier, Givens, Kump, Longstreth and Michael.
     At 11:59 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 5, 2012.

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