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House Journal


Day 61 (03-11-2012) - [PDF]
Day 58 (03-08-2012) - [PDF]
Day 57 (03-07-2012) - [PDF]
Day 55 (03-05-2012) - [PDF]
Day 52 (03-02-2012) - [PDF]
Day 51 (03-01-2012) - [PDF]
Day 50 (02-29-2012) - [PDF]
Day 49 (02-28-2012) - [PDF]
Day 48 (02-27-2012) - [PDF]
Day 45 (02-24-2012) - [PDF]
Day 44 (02-23-2012) - [PDF]
Day 43 (02-22-2012) - [PDF]
Day 42 (02-21-2012) - [PDF]
Day 41 (02-20-2012) - [PDF]
Day 38 (02-17-2012) - [PDF]
Day 37 (02-16-2012) - [PDF]
Day 36 (02-15-2012) - [PDF]
Day 35 (02-14-2012) - [PDF]
Day 34 (02-13-2012) - [PDF]
Day 31 (02-10-2012) - [PDF]
Day 30 (02-09-2012) - [PDF]
Day 29 (02-08-2012) - [PDF]
Day 28 (02-07-2012) - [PDF]
Day 27 (02-06-2012) - [PDF]
Day 24 (02-03-2012) - [PDF]
Day 23 (02-02-2012) - [PDF]
Day 22 (02-01-2012) - [PDF]
Day 21 (01-31-2012) - [PDF]
Day 20 (01-30-2012) - [PDF]
Day 17 (01-27-2012) - [PDF]
Day 16 (01-26-2012) - [PDF]
Day 15 (01-25-2012) - [PDF]
Day 06 (01-16-2012) - [PDF]
Day 02 (01-12-2012) - [PDF]
Day 14 (01-24-2012) - [PDF]
Day 13 (01-23-2012) - [PDF]
Day 10 (01-20-2012) - [PDF]
Day 09 (01-19-2012) - [PDF]
Day 08 (01-18-2012) - [PDF]
Day 07 (01-17-2012) - [PDF]
Day 03 (01-13-2012) - [PDF]
Day 01 (01-11-2012) - [PDF]
hdj2012-1-16-06


__________*__________




Monday, January 16, 2012

SIXTH DAY

[Speaker Pro Tempore Fragale, in the Chair]



     The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Richard Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Friday, January 13, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
[Mr. Speaker, Mr. Thompson, in the Chair]

Messages from the Executive

     The Speaker presented annual reports from various state agencies as required by the provisions of law, as follows:     
     Accountancy, Board of
Alcohol Beverage Control Administration
Consolidated Budget Report -
               Coal Severance Tax Fund
               Gas and Oil Severance Tax
          Children's Health Insurance Program
     Banking, Division of
Budget Office
     Consolidated Report of Federal Funds
     Children's Health Insurance Program
     Chiropractic, Board of
Conservation Agency
Consolidated Public Retirement Board
     State Police Disability Experience
     Consumer Advocate, Office of
Council for Community and Technical Education
Court System
Dentists and Dental Hygienists, Board of
Education, Department of
Master Plan for Professional Development
Energy, Division of
     Annual Development Plan
     Ethics Commission Advisory Opinions
     Environmental Protection, Department of
     Environmental Protection Advisory Council
     Hazardous Waste Management Fee Fund
     Landfill Closing Assistance Program
          Oil and Gas Reclamation Fund
          Oil and Gas Operating Permit and Processing
     Stream Restoration Fund
     Underground Storage Tank Status
Finance, Division of
Comprehensive Annual Financial Report
Tobacco Settlement Finance Authority
Fire Commission
Forestry, Division of
     Logging Sediment Control Act
     Managed Timberland Program
     Outdoor Heritage Conservation Fund      
     Geological and Economic Survey
Governor's Office
     Health Enhancement and Lifestyle Planning
          Breast and Cervical Cancer Diagnostic and Treatment
     Children, Juveniles and Other Individuals, Committee on
     Health Care Authority
     Health Facility licensure and Certification
     Long Term Care
          James "Tiger" Morton Catastrophic Illness Commission
          Maternal Mortality Review Team
     Newborn Hearing Screening Project
Higher Education Policy Commission
Investment Management Board Performance Audit
Labor, Division of
     Licensed Practical Nurses, Board of
     Medical Imaging and Radiation Therapy Technology Board of Examiners
     Medicine, Board of
     Military Affairs and Public Safety, Department of
          Corrections, Division of
     Municipal Bond Commission
     Occupational Pneumoconiosis Board
     Occupational Therapy, Board of
Osteopathy, Board of
Parole Board
     Prestera
     Professional Engineers, Board of
Professional Surveyors, Board of   
     Prosecuting Attorneys Institute Report
Psychologists, Board of Examiners of    
     Public Service Commission
          Consumer Advocate Division
          Initial Results of Alternative and Renewable Energy Planning Assessment
     Purchasing Division
          Comprehensive Procurement Program for Recycled Products
Sole Source Report
          Stringing Report
    Real Estate Commission
Social Work Examiners, Board of
Speech Language Pathology and Audiololgy
     Tax Department, State
Classified Assessed Valuations Taxes Levied
Manufacturing Property Tax Adjustment Credit Report
Tax Commissioner, Biennial Report
Transportation, Department of
Transportation Coordinating Council
Water Development Authority
     Workers' Compensation Maximum Reimbursement Fee Schedule
     The above- referenced reports are on file in the Clerk's Office.        
Resolutions Introduced

     Delegates R. Phillips, Stowers and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 11 - "Requesting the Division of Highways to name the first bridge, number 23- 16/1-0.01, in Accoville Hollow of Buffalo Creek Road on Route 16, Logan County, West Virginia, the 'Cpl. Druey L. Hatfield Memorial Bridge'."
     Whereas, Cpl. Druey L. Hatfield was born August 2, 1950, in Gallia, Ohio, the son of Wayne B. Hatfield and Ettie P. Hatfield; and
     Whereas, Cpl. Druey L. Hatfield died in combat in South Vietnam on March 28, 1971, while a member of the 1st Battalion, 46th Infantry, 23rd Infantry Division, while defending Fire Support Base Mary Ann in Quang Tin Province, when that base came under attack by artillery, rocket and mortar fire; and
     Whereas, Cpl. Druey L. Hatfield died instantly as a result of wounds suffered during this attack. He was awarded medals which included the Army Commendation, National Defense Service, Vietnam Service, Bronze Star, Republic of Vietnam Campaign, Purple Heart, Combat Infantry Badge, U. S. Marksman Pistol and U. S. Army Expert Automatic Rifle. Cpl. Druey L. Hatfield was promoted posthumously to the grade of CPL E-4, AUS as of March 27, 1971, under the provisions of P.L. 680, 77th Congress, as amended; and
     Whereas, Cpl. Druey L. Hatfield paid the supreme sacrifice in the service of his state and country and his dedication to protecting the principles upon which this country was built and that sacrifice should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the first bridge, number 23-16/1- 0.01, in Accoville Hollow of Buffalo Creek Road on Route 16, Logan County, West Virginia, the "Cpl. Druey L. Hatfield Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed, signs identifying the bridge as the "Cpl. Druey L. Hatfield Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the surviving family of Cpl. Druey L. Hatfield and the Secretary of the Department of Transportation.
     Delegates R. Phillips, Stowers and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 12 - "Requesting the Division of Highways to name bridge number 23-16-5.11, on Buffalo Creek Road, Route 16, at the east end of Proctor Bottom Road., Amherstdale, Logan County, West Virginia, the 'Cpl. Robert F. Lohr Memorial Bridge'."
     Whereas, Cpl. Robert F. Lohr was born April 2, 1930, in Logan County, West Virginia; and
     Whereas, Cpl. Robert F. Lohr was a member of Company M, 3rd Battalion, 31st Infantry Regiment, 7th Infantry Division during the Korean War; and
     Whereas, Cpl. Robert F. Lohr was killed in action while fighting the enemy in the Chosin Reservoir, Eastern Shore, North Korea on December 3, 1950, and his remains were not recovered; and
     Whereas, Cpl. Robert F. Lohr paid the supreme sacrifice in the service of his state and country and his dedication to protecting the principles upon which this country was built and that sacrifice should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge, number 23-16-5.11, on Buffalo Creek Road, Route 16, at the east end of Proctor Bottom, Amherstdale, Logan County, West Virginia, the "Cpl. Robert F. Lohr Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed, signs identifying the bridge as the "Cpl. Robert F. Lohr Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the surviving family of Cpl. Robert F. Lohr and the Secretary of the Department of Transportation.
     Delegates R. Phillips, Stowers and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 13 - "Requesting that bridge number 23-10-21.79 over the Guyandotte River on Route 10 in Logan County, West Virginia, be named the 'Reverend Glenn White Jr. Bridge'."
     Whereas, Glenn White Jr. was born to Glenn White and Nevada Counts White on May 6, 1925 in Henlawson, West Virginia; and
     Whereas, Glenn White Jr. attended public schools in Logan County and graduated from Logan High School; and
     Whereas, Glenn White Jr. served with the 376th Heavy Bombardment Group, 15th Army Air Force in World War II and was a tail gunner on a B-24 Liberator that flew twenty-six missions. Glenn's plane was shot down over Innsbruck, Austria, in 1944, he was listed as missing in action for approximately three months before his safe return. Glenn served his country with valor and distinction, and had risen to the rank of Staff Sargent by the war's end; and
     Whereas, Upon his return from World War II, Glenn White Jr. obtained a teaching degree from Marshall University and taught school at Omar Junior High; and
     Whereas, Reverend Glenn White Jr. was called to the ministry and was ordained in 1955. He became Assistant Pastor at the Central United Baptist Church in Logan that year, and in 1957, he became Pastor of the church. Today Reverend White is still ministering the needs of his congregation at Central United Baptist Church some fifty-four years later; and
     Whereas, In addition to his ministry at the Central United Baptist Church, Reverend White has long been active in Logan civic affairs; and
     Whereas, Reverend Glenn White Jr. and his late wife, Catherine, raised two sons, Gary Glenn White, who with his wife, JoAnn, lives in Mitchell Heights, and John Keith White, who with his wife, Donna, lives in Whitman. Reverend White also has three grandchildren, Jennifer, Darren and Tiffany; and
     Whereas, Reverend Glenn White Jr has dedicated his life to ministering the spiritual needs of others and has contributed in so many meaningful ways to the community of Logan; and
     Whereas, It is only fitting and proper that we acknowledge Reverend Glenn White Jr. for his many years of service to God and his country, and for the important contributions he has made to the community of Logan; therefore, be it
Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 23-10-21.79 over the Guyandotte River on Route 10 in Logan County, West Virginia, the "Reverend Glenn White Jr. 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 "Reverend Glenn White Jr. 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 and to Reverend Glenn White Jr.
     Delegates R. Phillips, Stowers and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 14 - "Requesting the Division of Highways to name the bridge on State Route 73, over Cherrytree Hill Road in Mt. Gay, Logan County, bridge number 23-73-2.31, the 'LCPL Danny M. Greene Memorial Bridge'."
     Whereas, LCPL Danny M. Greene was born the second son of Richard E. Greene and Reba Mae Acres Greene on October 28, 1947 in Cora, West Virginia; and
     Whereas, LCPL Danny M. Greene attended Mt. Gay Elementary School, Logan Central Junior High School and Logan High School; and
     Whereas, LCPL Danny M. Greene inscribed his initials under the antecedent bridge along with his best friend, Frankie Thompson, in 1964; and
     Whereas, LCPL Danny M. Greene entered the Marine Corps in February, 1966, and completed basic training in Paris Island, South Carolina; and
     Whereas, LCPL Danny M. Greene was deployed to Vietnam in July, 1966; and
     Whereas, LCPL Danny M. Greene had one daughter, Regina Dawn Greene, whom he never had the chance to meet, born in April, 1967; and
     Whereas, LCPL Danny M. Greene was killed in action in the vicinity of Huong Hoa, Republic of Vietnam, on May 9, 1967, the only resident of Mt. Gay to lose his life while on active duty in Vietnam; and
     Whereas, It is fitting and proper, that LCPL Danny M. Greene be remembered and acknowledged for his courageous action and ultimate sacrifice; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the bridge on State Route 73, over Cherrytree Hill Road in Mt. Gay, Logan County, bridge number 23-73-2.31 the "LCPL Danny M. Greene 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 "LCPL Danny M. Greene 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 LCPL Danny M. Greene.
     Delegate Hamilton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 15 - "Requesting that bridge number 42-151-0.01 on Route 151 in the Community of Ellamore in Randolph County, West Virginia, be named the 'Technician Fifth Grade Victor A. Osburn Memorial Bridge'."
     Whereas, Technician Fifth Grade Victor A. Osburn was born on November 3, 1918, in Kedron, Upshur County, West Virginia, to Chesley and Vertie Osburn, formerly Hornbeck; and
     Whereas, Technician Fifth Grade Osburn attended Fairview School, a one room school house, in Upshur County; and
     Whereas, Prior to enlisting in the United States Army, Technician Fifth Grade Victor A. Osburn was a truck driver for a lumber company in Elkins, West Virginia; and
     Whereas, While in the United States Army, Osburn served with the elite 509th parachute infantry battalion, the most decorated paratroop unit of WWII in the European Theater of operations; and
     Whereas, Technician Fifth Grade Victor A. Osburn was killed in action on August 21, 1944, in France; and
     Whereas, On August 21, 1944, the infantry company to which Technician Fifth Osburn was attached as a medical aid man was approaching a wooded ridge for attack through a deep, rockbound valley; and
     Whereas, Osburn's company was engaged by the enemy with machine gun and artillery fire, the entire length of the valley, under circumstances which rendered it impossible to advance or withdraw; and
     Whereas, Despite repeated pleas from his comrades to be more careful, Technician Fifth Osburn worked tirelessly, going from one wounded soldier to another, exposing himself time and again to enemy sniper and machine gun fire; and
     Whereas, After removing three wounded men who lay among the rocks exposed to sniper and shell fire to safety, Osburn was mortally wounded as he attempted to aid yet another soldier; and
     Whereas, Osburn's actions on August 21, 1944, is attributed with inspiring his company to maintain its attack until the enemy was overcome; and
     Whereas, At the direction of the President of the United States, Osburn was posthumously awarded the Silver Star "for gallantry in action", one of the highest awards made and believed to be the first awarded to an Upshur countian; and 
     Whereas, In addition to the Silver Star, Technician Fifth Osburn was posthumously awarded the Purple Heart for sacrificing his life in defense of his country; and
     Whereas, Technician Fifth Victor A. Osburn served his country and his state with gallantry, courage, honor and distinction and gave the ultimate sacrifice; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 42-151-0.01 in the Community of Ellamore, Randolph County, West Virginia, the "Technician Fifth Grade Victor A. Osburn 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 "Technician Fifth Grade Victor A. Osburn 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; Mr. Leslie Shreve; and Victor A. Osburn's surviving next of kin consisting of the following nieces and nephews: Annalee Cowgar, Mary Todd, Jean Baxter, Betty Hefner, Corella Shockey, Lula May Woodring, George Ervin Osburn, James E. Osburn, Bargara Gahring, Meredith Osburn, Alma Marko, Shirleen Ramsey, Wanda Spangler, Gary Osburn, Bertha Kluskey, Beatrice Clayton, Mary Mullens, Loraine Ellett, Linda Holley, Richard Rohr, Jimmy Rohr, Martin Rohr, Janice Dunning, Norman Rohr, Hershel Lantz, Lou Ellen Renner, Ellis French Lantz, Margaret Jane Deadrick, Harold Joseph Osburn, Patricia Reger, Leslie Shreve, John Hepler, Dennis Evans, Theida Harman, Terry Evans, Jimmy Osburn and Jean Goff.
     Delegate Hamilton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 16 - "Requesting that bridge number 49-20/10-1.12 on Alton Road in French Creek, Upshur County, West Virginia, be named the 'Staff Sergeant Cecil Y. Ware Memorial Bridge'."
     Whereas, Staff Sergeant Cecil Y. Ware was born on February 15, 1932, in French Creek, West Virginia, to Rosie and Coleman Ware; and
     Whereas, Staff Sergeant Ware attended schools in Adrian, West Virginia, and prior to enlisting in the United States Army, skidded logs for Harry J. Hall and was employed by Brent Freeman of Adrian; and
     Whereas, Staff Sergeant Ware enlisted in the United States Army on September 24, 1952, and was sent to Indiantown Gap, Pennsylvania, prior to being transferred to Korea where he served for 18 months; and
     Whereas, Staff Sergeant Ware returned to the United States and was transferred to Germany where he served for four years and married Giesla Klos; and
     Whereas, Staff Sergeant Ware was returned to Korea for a 12 month tour of duty, returned to the United States for one year and was then transferred to Vietnam, beginning his Vietnam tour on October 16, 1965; and
     Whereas, On February 24, 1966, Staff Sergeant Cecil Y. Ware was killed in Binh Duong Province, 20 miles north of Saigon, when hit by mortar fire as his platoon in the First Infantry Division was moving up on a machine gun nest of the Viet Cong; and
     Whereas, Staff Sergeant Ware was the first Upshur County serviceman to lose his life in the Vietnam war; and
     Whereas, Staff Sergeant Cecil Y. Ware was the recipient of the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal; and
     Whereas, Staff Sergeant Cecil Y. Ware served his country and his state with honor and distinction and gave the ultimate sacrifice; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 49-20/10-1.12 on Alton Road in French Creek, Upshur County, West Virginia, the "Staff Sergeant Cecil Y. Ware Memorial Bridge"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "Staff Sergeant Cecil Y. Ware 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 and to surviving siblings Frank Ware of French Creek, Mavis Small of Kesling Mill, Rosa Lee Ware of Buchannon and Norma Jean Faultner of Parkersburg.
     Delegates R. Phillips, Stowers and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 17 - "Requesting the Division of Highways to name the bridge on Buffalo Creek Road in Logan County, bridge number 23-16/6-0.01, the 'Chester William Fields Sr. Memorial Bridge'."
     Whereas, Chester William Fields Sr. was born on April 19, 1922 in Three Forks, Logan County, West Virginia, died November 1, 2011, a life long resident of Logan County and a member of the United Mine Workers of America; and
     Whereas, Chester William Fields Sr. was inducted into the United States Army on October 24, 1942; and
     Whereas, Chester William Fields Sr. attained the rank of Private First Class; and
     Whereas, Chester William Fields Sr. was wounded in Germany on June 23, 1945; and
     Whereas, Chester William Fields Sr. was awarded the Purple Heart Medal, the Good Conduct Medal, the Meritorious Unit Award, the American Theater Ribbon, the European-African- Middle Eastern Theater Ribbon, and the World War II Victory Ribbon; and
     Whereas, Chester William Fields Sr. served his country with honor and distinction until his honorable discharge on January 9, 1946; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name bridge number 23- 16/6-0.01 on Buffalo Creek Road in Logan County, West Virginia, the "Chester William Fields Sr. 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 "Chester William Fields Sr. 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 Mr. Fields' surviving children, Melinda Fields McDonald and Chester Fields Jr.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Perdue, Hatfield, Moore, Moye and Staggers:
     
H. B. 4076 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend and reenact §33-16E-2 of said code; to amend said code by enacting thereto a new section, designated §33-24-7l; to amend said code by enacting thereto a new section, designated §33-25-8i; and to amend said code by enacting thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of maternity and contraceptive services in certain circumstances; providing maternity and contraceptive services for all individuals participating in or receiving insurance coverage under a health insurance policy if those services are covered under the policy; and modifying required benefits for public employees insurance, accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Perdue, Hatfield, Lawrence, Marshall, Moye, Poore, Staggers, Ferns, Ellington, Miller, J. and Rowan:
     
H. B. 4077 - "A Bill to amend §30-4-17 of the Code of West Virginia, 1931, as amended, relating to activities that may be performed by a dental hygienist without a prior exam by a dentist"; to the Committee on Health and Human Resources then Finance.
By Delegates M. Poling, Paxton, Doyle, Fragale, Perry and Sumner:
     
H. B. 4078 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-9A-9, relating to extending certain deadlines for mandated actions regarding higher education personnel"; to the Committee on Education.
By Delegates Kump, Householder, Rowan and Savilla:
     
H. B. 4079 - "A Bill to amend and reenact §61-8B-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §61-8D-2, §61-8D-2a and §61-8D-5 of said code; and to amend and reenact §62-3-15 of said code, all relating to eliminating eligibility for parole for the offenses of first degree murder, first degree sexual assault, murder of a child by a parent, guardian or custodian by refusal to supply necessities or by delivery of a controlled substance, death of a child by a parent, guardian or custodian by child abuse, or sexual abuse of a child by a parent, guardian or custodian"; to the Committee on the Judiciary then Finance.
By Delegates Kump, Canterbury and Howell:
     
H. B. 4080 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §1-2-2c, relating to the redistricting of the House of Delegates into one hundred single member districts after the 2020 census"; to the Committee on the Judiciary then Finance.
By Delegate Kump:
     
H. B. 4081 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-1-4a, relating to providing petitioners to referendums, elections or any other ballot issue be afforded the same privacy rights as voters"; to the Committee on the Judiciary.
By Delegates Frazier, Longstreth, Crosier, Barill, Doyle, Paxton, Iaquinta, White, Michael, Ireland and Rowan:
     
H. B. 4082 - "A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended, relating to permitting a military veteran to be identified as a veteran on a driver's license or identification card issued by the Division of Motor Vehicles; and permitting a veteran to be issued a replacement license or card without charge if the request is made before the expiration date of the current license or card"; to the Committee on Roads and Transportation then Finance.
By Delegates L. Phillips, Frazier, Ellington, Gearheart and Moore:
     
H. B. 4083 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting nonprofit, tax exempt corporations or organizations affiliated with a church or association of churches from consumer sales and service tax"; to the Committee on Finance.
By Delegates Frazier, Miley, Barker, Manypenny and Michael:
     
H. B. 4084 - "A Bill to amend the Code of West Virginia, 1931, as 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, §53-8-17 and §53-8-18, all relating to personal safety orders; confidentiality of proceedings; who may file a petition; contents of petition; temporary hearing and relief available; contents of temporary order; respondent's opportunity to be heard; notice to respondent; final hearing and forms of relief; modification and rescission; appeals; criminal penalties; priority of petitions; fees and costs; service by law enforcement; rules and forms; limitation on use of information; immunity from liability; and the sealing of records"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegates Marshall, Caputo, Boggs, Miley, Butcher, Mahan, Moye, Barker, Sumner and Hamilton:
     
H. B. 4085 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5B-6; to amend and reenact §22A-1-15, §22A-1-21, §22A-1-22 of said code; to amend said code by adding thereto a new section, designated §22A-1-40; to amend and reenact §22A-2-2, §22A-2-12, §22A-2-16, §22A-2-43 and §22A-2-78 of said code; to amend and reenact §22A-7-5 of said code; and to amend said code by adding thereto a new article, designated §22A-12-1 and §22A-12-2, all relating to miners health and safety; directing the creation of a hotline to receive anonymous tips regarding mine safety; extending payment of wages period for idled miners when operator fails to abate hazardous condition; establishing and enhancing criminal and civil penalties for certain violations on mining laws and regulations; authorizing withdraw by miner from unsafe area or condition and providing process for restatement; allowing persons interviewed in a mine accident investigation to allow certain persons to be present; allowing family members of miners to have representatives attend accident investigations when miner not available; providing ventilation surveys and review by the director; directing Board of Miners' Training, Education and Certification to conduct training at mines where certain safety violations occur; requiring mine superintendent or owner-operator to verify all mine reports; requiring that cutter heads, long wall shears and other mining machines automatically shut-off when the methane level reaches one and twenty-five one hundredths percent; establishing an Underground Mining Accident Investigation Panel when serious mining accidents occur; directing the Governor to constitute the panel when an accident occurs; providing membership and appointment, duties and operation of the panel; and providing that the Director of the Office of Miners' Health, Safety and Training undertake a program overview of enforcement laws, procedures and protocols to make recommendations on how to better enforce state mining laws"; to the Committee on the Judiciary.
House Calendar

First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     H. B. 2402, Redefining the term "public record" as it is used in the Freedom of Information Act,
     Com. Sub. for H. B. 2521, Eliminating the requirement of serving domestic violence orders by certified mail,
     Com. Sub. for H. B. 3128, Relating to filing a civil petition for expungement of records relating to an arrest,
     And,
     H. B. 3132, Requiring a judge's permission before a juror's information can be released.
Miscellaneous Business

     Delegate Barill asked and obtained unanimous consent that he be added as a co-sponsor to H. B. 4048, Relating to conduct and circumstances of child abuse.
     At 1:28 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 17, 2012.

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