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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)
hdj2012-1-17-07


__________*__________




Tuesday, January 17, 2012

SEVENTH 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 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 Monday, January 16, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     
Messages from the Executive

     The Speaker laid before the House of Delegates a communication from His Excellency the Governor, which was read by the Clerk as follows:
STATE OF WEST VIRGINIA

Earl Ray Tomblin

Governor

January 16, 25305

The Honorable Richard Thompson
Speaker of the House
State Capitol
Charleston, West Virginia 25305
Dear Mr. Speaker:
     Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed Justin Marcum, Post Office Box 1985, Williamson, Mingo County, West Virginia 25661, as a Delegate representing the Twentieth Delegate District of the House of Delegates, to fill the vacancy created by the resignation of The Honorable K. Steven Kominar from this day through the remainder of the unexpired term of said office.
                                        Sincerely,
                                        Earl Ray Tomblin,
                                        Governor.
     The Speaker then announced that Delegate Marcum had previously qualified by taking and subscribing to the several oaths of office as prescribed by Article VI, section 16 of the Constitution.
     The Speaker also announced that Delegate Marcum was present in the Chamber for today's session and was ready to assume his duties as a member. (Applause, the members rising)
     Following which,
     The Speaker again called the House to order.
* * * * * * * * * *

     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

     Delegates Stowers, R. Phillips, Butcher, and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 18 - "Requesting the Division of Highways to name bridge number 22-10-13.01 on WV Route 10 in Ranger, Lincoln County, the 'Aster C. Adkins Memorial Bridge'."
     Whereas, Aster C. Adkins was born on August 21, 1913 and was a resident of Ranger, West Virginia; and
     Whereas, Aster C. Adkins was an employee of the United States Postal Service and during the Christmas season would dress up as Santa Claus to hand out candy to children; and
     Whereas, Aster C. Adkins was a member of the Ranger United Baptist Church and served as choir director for more than 35 years; and
     Whereas, Aster C. Adkins was instrumental in building a road from Gill, West Virginia to Ranger, West Virginia; and
     Whereas, Aster C. Adkins was very involved in his community, delivering commodities to families who did not have transportation; and
     Whereas, Aster C. Adkins was a caring and giving person, a respected member of his community and his dedication and commitment to others served as a great example to us all; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name bridge number 22-10- 13.01 on WV Route 10 in Ranger, Lincoln County, the "Aster C. Adkins 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 "Aster C. Adkins 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 Aster C. Atkins.
     Delegate Smith offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 19 - "Requesting the Division of Highways name the bridges on the north and south bound lanes of I-79, numbered 21-79-98.57, near Weston, Lewis County, West Virginia the "Staff Sergeant Raymond Armentrout Memorial Bridge."
     Whereas, Raymond Armentrout was born on October 18, 1950, the son of the late Hansel and Paige Armentrout; and
     Whereas, Raymond Armentrout graduated from Saint Patrick's High School in Weston in 1968; and
     Whereas, Raymond Armentrout attended West Virginia University the fall semester of 1968 and was an ROTC cadet at the university before enlisting in the Army on March 1, 1969; and
     Whereas, Raymond Armentrout was sent to Viet Nam on July 6, 1970, where he served with the 3rd squadron of the 17th Calvary, C Troop, known as "Charlie Horse"; and
     Whereas, Raymond Armentrout was a crew chief and gunner on a OH-58A helicopter scout ship whose dangerous mission was to fly low to the ground in search of North Vietnamese troops while larger Cobra gun ships at higher altitudes would wait to engage additional support after the scout helicopter had drawn enemy fire; and
     Whereas, Raymond Armentrout was killed in action on February 23, 1971, while his unit was providing air support to a South Vietnamese invasion into Laos to cut off North Vietnamese troops as they infiltrated south on the Ho Chi Minh Trail; and
     Whereas, For his valor Raymond Armentrout was posthumously promoted to Staff Sargent and awarded the Bronze Star and a Purple Heart. Raymond also received a National Defense Service Medal, Air Medal, Vietnam Service Medal, Army Good Conduct Medal and Republic of Vietnam Campaign Medal; and
     Whereas, On that fateful day in 1971, Staff Sargent Raymond Armentrout gave his last full measure of devotion to his country and to his comrades-in-arms; and
     Whereas, It is only fitting and proper that these bridges be named in his honor, and that they henceforth stand as a permanent memorial so that Staff Sargent Raymond Armentrout's supreme sacrifice will not be forgotten; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways name the bridges on the north and south bound lanes of I-79, numbered 21-79-98.57, near Weston, Lewis County, West Virginia the "Staff Sergeant Raymond Armentrout 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 "Staff Sergeant Raymond Armentrout Memorial Bridge" with a designation that Staff Sergeant Raymond Armentrout served in the Vietnam War; and, be it
     Further Resolved, That the Clerk of the House of Delegates is requested to forward a certified copy of this resolution to Raymond's brother, Tim Armentrout, and to the Secretary of the Department of Transportation.
     Delegate Smith offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 20 - "Requesting that bridge number 21-119/1-0.01 on County Route 119/1 in Lewis County, West Virginia, be named the 'SP5 Lynn Waitman Peters Memorial Bridge'."
     Whereas, SP5 Lynn Waitman Peters was born to Floyd F. Peters and Loretta Self Peters on December 22, 1938, at Pickle Street, Lewis County. He attended schools in Gilmer County throughout his youth, leaving Troy High School to join the military. His father was the mail carrier at Linn which is why he attended Troy school. While in high school, he was a member of the Future Farmers of America and played trumpet in the band. He always had a love for music and also played fiddle, mandolin and guitar; and
     Whereas, SP5 Lynn Waitman Peters' lifetime dream was to become a Green Beret and to proudly serve his country. After leaving high school he entered the Army in 1957, volunteering for Special Forces and was a demolition expert. He attended parachute training school at Fort Benning, Georgia and Special Forces school at Fort Bragg, North Carolina earning the rank of Specialist Five; and
     Whereas, SP5 Lynn Waitman Peters, served at Fort Knox, Kentucky from March 20, 1957 to November 1959, in Korea in September 1960, at Ft. Belvoir, Virginia from 1960 to 1963, at Ft. Benning, Georgia from August 1963 to September 1963, at Ft. Bragg, North Carolina from September 1963 to February 24, 1965 in the 7th Special Forces Group (Abn), and in Vietnam from February 24, 1965 to May 25, 1965; and
     Whereas, SP5 Lynn Waitman Peters was killed May 25, 1965 by sniper fire in Tay Ninh Province, South Vietnam while accompanying a convoy. He was a member of the DET A-324 (NUI BA DEN) 5th Special Forces Group, U.S. Army; and
     Whereas, SP5 Lynn Waitman Peters received the Purple Heart with one Oak Leaf Cluster, the Bronze Star, the Vietnamese Military Merit Medal, the Vietnamese Gallantry Cross with Palm, the Parachute Badge, the Sharp Shooter (pistol), the Good Conduct Medal and the Special Forces Tab; and
     Whereas, SP5 Lynn Waitman Peters was a young man who loved his family, his community and his nation. He was affiliated with the Rock Grove Baptist Church and is buried in the family plot in the Rock Grove Cemetery. His parents, along with two of his brothers, Carl F. Peters and Ronald J. Peters and his sister, Nina L. Pyles are now buried near him; and
     Whereas, SP5 Lynn Waitman Peters 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 21-119/1-0.01 on County Route 119/1 in Lewis County, West Virginia the "SP5 Lynn Waitman Peters 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 "SP5 Lynn Waitman Peters 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 wife, Mary A. Peters of Fayetteville, North Carolina; daughter Sheila Lynn Peters Baker of Fuquay-Varina, North Carolina; grandson Scott Waitman Baker of Fayetteville, North Carolina; brothers, Richard Peters, John Peters and Michael Peters; and sisters, Mary Ann Hardbarger and Sharon Redcliff.
     Delegate Hamilton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 21 - "Requesting that bridge number 49-30-10.18 in the community of Ten Mile, Upshur County, West Virginia, be named the 'Junior Ellsworth Reed Memorial Bridge'."
     Whereas, Private First Class Junior Ellsworth Reed was born on March 6, 1931, the son of Henry Ellsworth Reed and Frances Koon Reed of Ten Mile, West Virginia; and
     Whereas, Being from a patriotic family, Private First Class Junior Ellsworth Reed enlisted in the United States Army in Upshur County when he became of age to enlist; and
     Whereas, Private First Class Junior Ellsworth Reed was deployed to Korea as a member of the 5th Cavalry Regiment, 1st Cavalry Division of the United States Army; and
     Whereas, Private First Class Junior Ellsworth Reed was killed in action August 15, 1950 while fighting the enemy in the Taegu Area of South Korea; and
     Whereas, Private First Class Junior Ellsworth Reed was the first Upshur County soldier to be reported killed in action in Korea; and
     Whereas, Private First Class Junior Ellsworth Reed is buried in the Big Bend Church Cemetery, Sago, West Virginia; and
     Whereas, Private First Class Junior Ellsworth Reed is deserving of a fitting tribute, having served his country and his state with honor and having given 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 49-30-10.18 in the community of Ten Mile, Upshur County, West Virginia, the "Junior Ellsworth Reed 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 "Junior Ellsworth Reed 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 the Veterans of Foreign Wars, West Virginia Post 3663, Buckhannon, WV.
     Delegates Brown, Guthrie, Hatfield, Hunt, Poore, Skaff, Wells, Armstead, Lane, Nelson and Walters offered the following resolution, which was read by the Clerk as follows:
     H. R. 6 - "Recognizing the statewide contributions of the Clay Center for the Arts and Sciences of West Virginia."
     Whereas, The Clay Center opened its doors on July 13, 2003 as one of only three venues in the country to combine science, visual and performing arts in one facility; and
     Whereas, The Clay Center's Avampato Discovery Museum is West Virginia's only interactive science museum; and
     Whereas, The Clay Center's Juliet Museum of Art is one of just four public museums in West Virginia with a permanent art collection; and
     Whereas, More than fifty thousand students from fifty West Virginia counties and twenty- one counties in surrounding states have benefitted from the Clay Center's science and art programs; and
     Whereas, More than six hundred fifty West Virginia students have received free instruments and music lessons through the Clay Community Arts program; and
     Whereas, Through physical outreach presentations and virtual distance learning programs, close to three thousand students from across the state have visited the Clay Center without ever leaving the classroom; and
     Whereas, More than 1.3 million people from forty-nine states have visited the Clay Center since its opening; and
     Whereas, Clay Center activities add approximately $16.4 million to West Virginia's economy each year; and
     Whereas, Close to four hundred jobs are generated by the Clay Center; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby honors the Clay Center for the Arts and Sciences of West Virginia on January 17, 2012; and, be it
     Further Resolved, That the House of Delegates invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the Clay Center for the Arts and Sciences of West Virginia and its contributions to our State; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Clay Center of the Arts and Sciences of West Virginia.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 6) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4072, Eliminating requirement for county boards of education to meet on the first Monday of July,
     And reports the same back with the recommendation that it do pass.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4027, Relating to providing salary equity supplement payments to teachers and service personnel,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
    In accordance with the former direction of the Speaker, the bill (H. B. 4027) was referred to the Committee on Finance.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4045, Relating to the practice of dietetics,
     And,
     H. B. 4046, Repealing obsolete code provisions,
     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 (H. B. 4045 and H. B. 4046) were each 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:
     H. B. 2533, Requiring the identities of signatories to a certificate for a person seeking ballot access to be made public and verified,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2533 - "A Bill to amend and reenact §3-5-23 of the Code of West Virginia, 1931, as amended, relating to nomination certificates for candidates for public office; clarifying who may be a candidate; requiring the identities of signatories to a nominating certificate for a person seeking ballot access to be made public; requiring the investigation of the validity of signatures; and the verification of signatures by the Secretary of State if the office covers more than one county,"
     With the recommendation that the committee substitute do pass.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 3142, Increasing the allowable number of magistrate court deputy clerks by five,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 3142) was referred to the Committee on Finance.
     Chairman Perdue, 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:
     H. B. 4043, Relating to the hospitalization of emancipated and unemancipated minors in mental health facilities,
     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 (H. B. 4043) was referred to the Committee on the Judiciary.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Thompson and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 4086 - "A Bill to amend and reenact §11-6F-2 and §11-6F-4 of the Code of West Virginia, 1931, as amended, all relating to designating certain property as a qualified capital addition to a manufacturing facility and extending that property special valuation for twenty-five years"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 4087 - "A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to the severance and business privilege tax; and continuing the discontinuance of the severance and business privilege tax on the privilege of severing timber"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 4088 - "A Bill to repeal §11-13B-1, §11-13B-2, §11-13B-3, §11-13B-4, §11-13B-5, §11-13B-6, §11-13B-7, §11-13B-8, §11-13B-9, §11-13B-10, §11-13B-10a, §11-13B-11, §11-13B- 12, §11-13B-13, §11-13B-14, §11-13B-15, §11-13B-16, §11-13B-17, §11-13B-18 and §11-13B-19 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Telecommunications Tax Act"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 4089 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act; and specifying effective dates"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 4090 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of 'federal taxable income' and certain other terms used in the West Virginia Corporation Net Income Tax Act in order for the definitions to conform with the Internal Revenue Code's definitions"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 4091 - "A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17C-14-15, all relating to traffic safety; establishing the offense of operating a motor vehicle while sending or reading a text message or using a wireless communication device without hands-free technology; providing exceptions; providing definitions; providing penalties; and making graduated driver's license provisions consistent with new offenses"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Staggers, Hall and Ferro
     [By Request of the Division of Highways]:
     
H. B. 4092 - "A Bill to amend and reenact §17C-3-4b of the Code of West Virginia, 1931, as amended, relating to signage for construction zones and other traffic restrictions"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Staggers, Ferro and Hall
     [By Request of the Division of Highways]:
     
H. B. 4093 - "A Bill to amend and reenact §17C-13-5 of the Code of West Virginia, 1931, as amended, relating to the removal of vehicles from state highways in order to restore traffic movement in emergency situations; liability"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Michael, Hartman, Caputo, Romine and Williams:
     
H. B. 4094 - "A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to eliminating the timber severance tax for an additional three years"; to the Committee on Finance.
By Delegates Michael, Hartman, Caputo, Romine and Williams:
     
H. B. 4095 - "A Bill to amend and reenact §19-1A-4 of the Code of West Virginia, 1931, as amended, relating to permitting the Director of the Division of Forestry to enter into stewardship contracts with the United States Forest Service"; to the Committee on Government Organization then the Judiciary.
By Delegates Perdue, Hatfield, Lawrence, Marshall, Moye, Poore, Staggers, Ferns, Ellington, J. Miller and Rowan:
     
H. B. 4096 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4, all relating to the creation of the Unintentional Pharmaceutical Drug Overdose Fatality Review Team under the Office of the Chief Medical Examiner; setting forth membership of the team; setting forth responsibilities of the team; providing for certain actions the team may not take in exercising its duties; providing for an annual report to the Governor and Legislature and its contents; providing for confidentiality of the team's proceedings, records and opinions; setting forth record-keeping requirements; requiring other state agencies, hospitals and other health agencies to cooperate with the team; and granting rule-making authority"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Morgan, Doyle and Lawrence:
     
H. B. 4097 - "A Bill to amend and reenact §30-27-3 and §30-27-8 of the Code of West Virginia, 1931 as amended, all relating to professions and occupations; Board of Barbers and Cosmetologists; and creating a license to practice hair styling"; to the Committee on Government Organization.
By Delegates Perdue, Hatfield, Lawrence, Marshall, Moye, Poore, Staggers, Ferns, Ellington, J. Miller and Rowan:
     
H. B. 4098 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-3-1a, relating to providing a loan forgiveness program for dentists and hygienists"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perdue, Hatfield, Lawrence, Marshall, Moye, Poore, Staggers, Ferns, Ellington, J. Miller and Rowan:
     
H. B. 4099 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-12a, relating to the Department of Health and Human Resources and Medicaid by requiring the coverage by Medicaid of dental services for the mother of a child who is the recipient of Medicaid services"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Walker, Perry, Ellem, D. Poling and Hamilton:
     
H. B. 4100 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-2A-1, §61-2A-2, §61-2A-3, §61-2A-4, §61-2A-5 and §61-2A-6, all relating to creation of new criminal offenses for the trafficking of persons, illegal aliens and involuntary servitude; creating definitions; establishing involuntary servitude offenses; establishing offenses involving sexual servitude of a minor; establishing offenses for trafficking of persons for forced labor or services; and requiring restitution"; to the Committee on the Judiciary.
By Delegates Perry, Shaver, D. Campbell, Lawrence, Pethtel, Armstead, Duke, Savilla, Sigler, Paxton and M. Poling:
     
H. B. 4101 - "A Bill to amend and reenact §18A-3-1 and 18A-3-2a of the code of West Virginia, 1931, as amended, all relating to authorizing teacher-in-residence programs for certain prospective teachers in lieu of student teaching; defining teacher-in-residence programs and providing minimum requirements; providing use of certain funds for program support and student stipend; creating teacher-in-residence permit and specifying conditions; conforming sections to other provisions of law and removing duplicative and outdated language; and authorizing counties with comprehensive induction programs to use consistent structure for supervision and training of student teachers"; to the Committee on Education then the Judiciary.
By Delegates Morgan, Stephens, Hall, Hatfield, Hartman, Howell, Nelson, Snuffer, Staggers and Swartzmiller:
     
H. B. 4102 - "A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to the regulation of fireworks; defining terms; setting forth the State Fire Marshal's authority; requiring a registration, certification or permit; establishing the requirements for a registration, certification and permit; establishing a special revenue account; setting forth the State Fire Marshal's rule-making authority; providing authority to investigate complaints; providing administrative fines; and providing criminal penalties"; to the Committee on Government Organization then the Judiciary.
House Calendar

Second Reading

     H. B. 2402, Redefining the term "public record" as it is used in the Freedom of Information Act; on second reading, coming up in regular order, was read a second time.
     At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading, and the rule was suspended to permit the offering and consideration of an amendment heretofore filed by Delegate Armstead.
     Com. Sub. for H. B. 2521, Eliminating the requirement of serving domestic violence orders by certified mail; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 3128, Relating to filing a civil petition for expungement of records relating to an arrest; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 3132, Requiring a judge's permission before a juror's information can be released; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     At 11:25 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 18, 2012.

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