Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

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)
hdj2012-1-18-08


__________*__________




Wednesday, January 18, 2012

EIGHTH 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 Tuesday, January 17, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

     Delegate Hamilton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 22 - "Requesting that bridge number 49-3/4-2.40 in the Community of Kesling Mill in Upshur County, West Virginia, be named the 'Corporal Ronald Lee Kesling Memorial Bridge'."
     Whereas, Corporal Ronald Lee Kesling was born on March 4, 1947, in Buckhannon to Paul and Katherine Smith Kesling; and
     Whereas, Corporal Ronald Lee Kesling graduated from Towson High School in Towson, Maryland; and
     Whereas, Corporal Ronald Lee Kesling enlisted in the United States Marine Corps and began his tour of duty in Vietnam on January 26, 1967; and
     Whereas, Corporal Ronald Lee Kesling was killed on December 27, 1967 by hostile gunfire in the Quang Tri Province, South Vietnam; and
     Whereas, Corporal Ronald Lee Kesling was awarded the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal; and
     Whereas, Corporal Ronald Lee Kesling 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 49-3/4-2.40 in the Community of Kesling Mill in Upshur County, West Virginia the "Corporal Ronald Lee Kesling 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 "Corporal Ronald Lee Kesling 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 sisters, Barbara Weaver, Sue Barron and Lois Hain and his brother, Mike Keeling.
     Delegates Pethtel, Perry, Barill, Crosier, Fragale, Lawrence, Duke, Gearheart, Paxton, M. Poling, Rowan and Sumner offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 23 - "Encouraging the Governor, Legislature and State Board of Education to work together in moving toward implementation of the West Virginia Department of Education's Career and Technical Education College and Career Readiness Initiative."
     Whereas, In 1955, sixty percent of the American nonprofessional labor force was unskilled and twenty percent skilled. By 2008, the situation had reversed. Only twelve percent of the nonprofessional labor force was unskilled and sixty-eight percent skilled; and
     Whereas, It is estimated that one third to one half of jobs likely to become available in West Virginia in the next decade will require a two-year associate degree, one-year certificate degree or other training beyond high school. Therefore, the traditional "college for all" attitude should be broadened significantly and changed to a more appropriate "post high-school credential for all" attitude; and
     Whereas, Students need to develop a career plan that includes targeted programs of study in high school and beyond, and these career plans should identify requisite degrees or certifications required and/or desirable for students' career choices; and
     Whereas, The Department of Education's Career and Technical Education College and Career Readiness Initiative includes: (1) Development of career exploration modules for elementary and middle school students; (2) Redesign of the middle level technology education program to incorporate career exploration modules that provide career knowledge, awareness and reinforces academic skills; (3) Development of a Global 21.Me Learning Community for all students; and (4) The establishment of a career/career tech committee to focus on the transformation of Career Technical Education for the next decade; and
     Whereas, The Global 21.Me Learning Community is a digital platform for all students that incorporates career exploration; career planning; personal and career goal setting; personal skill development; online courses; curriculum-career connections; real world, career-relevant experiences; personalized curriculum; project-based learning; organizational and personal productivity skills; and other components; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Governor, Legislature and State Board of Education are encouraged to work together in moving toward implementation of the Department of Education's Career and Technical Education College and Career Readiness Initiative; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor and the State Board of Education.
     Delegates Pethtel, Barill, Crosier, Fragale, Lawrence, Duke, Gearheart, Paxton, M. Poling,
Rowan and Sumner offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 24 - "Encouraging the Governor, Legislature and West Virginia Board of Education to work together in moving toward implementation of the 10 Elements of High Quality Digital Learning."
     Whereas, As technology becomes an increasingly integral part of our society, it has become imperative for West Virginia's students to have digital media incorporated into their learning curriculums. Many students use digital media in every aspect of their lives outside of school, yet our approach to learning is roughly the same as it was fifty years ago. In order to keep students engaged, we must present information using a format they are familiar with, such as digital learning; and
     Whereas, The traditional approach to learning is resulting in a great number of West Virginia students dropping out of high school or graduating unprepared for college or the workforce. This is evidenced by the high number of students who enter college needing to take developmental courses; and
     Whereas, Finding resources to improve the education system is never easy. However, a high-quality education system should be viewed as an investment in the future economy that has a high rate of return. This return is a skilled workforce to fill high-wage jobs which is a valuable resource for the state; and
     Whereas, Digital learning can customize and personalize education allowing students to learn in their own style and at their own pace. Digital learning breaks down geographic barriers allowing every student to enroll in courses they would not otherwise have access to. Students in the most remote areas can enroll in high-quality college-prep and career-prep courses taught by a highly qualified teacher through multiple access points; and
     Whereas, Bob Wise, former Governor of West Virginia, and Jeb Bush, former Governor of Florida, created the Digital Learning Council to identify policies that will integrate current and future technological innovations into public education. This Council included more than 100 leaders from education, government, philanthropy, business, technology and think tanks; and
     Whereas, The Council established 10 Elements of High Quality Digital Learning which included:
     (1) Student Eligibility: All students are digital learners;
     (2) Student Access: All students have access to high quality digital content and online courses;
     (3) Personalized Learning: All students can customize their education using digital content through an approved provider;
     (4) Advancement: Students progress based on demonstrated competency;
     (5) Content: Digital content, instructional materials and online and blended learning courses are high quality;
     (6) Instruction: Digital instruction and teachers are high quality;
     (7) Providers: All students have access to multiple high quality providers;
     (8) Assessment and Accountability: Student learning is the metric for evaluating the quality of content and instruction;
     (9) Funding: Funding creates incentives for performance, options and innovation; and
     (10) Delivery: Infrastructure supports digital learning; and
     Whereas, The West Virginia Board of Education has adopted by resolution the Digital Learning Council's 10 Elements of High Quality Digital Learning; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Governor, Legislature and West Virginia Board of Education are encouraged to work together in moving toward implementation of the 10 Elements of High Quality Digital Learning.
     Delegates Perdue, Hatfield, Boggs, Caputo, Morgan, Stephens, Staggers, Hall, R. Phillips, Ferns, Moye, Swartzmiller, Talbott, Butcher, Hartman, Azinger, Border, Householder and Storch offered the following resolution, which was read by the Clerk as follows:
     H. R. 7 - " Designating January 18, 2012, as 'Disability Advocacy Day'."
     Whereas, There are more than 400,000 West Virginians with disabilities; and
     W
HEREAS , People with disabilities have the right to equal opportunity to live full productive lives in the community of their choice; and
     W
HEREAS , People with disabilities have the right to receive supports they need to exercise self-determination, achieve independence, contribute to their communities, and become productive employees in the workplace; and
     Whereas, Organizations representing the rights and issues that affect people with disabilities and West Virginia's citizens with disabilities, family members and other advocates have banded together in a collective group, called the "Fair Shake Network", to help bring their concerns to the forefront of public awareness; and
     W
HEREAS , The purpose of Disability Advocacy Day is to increase the awareness of legislators, administrators, policymakers and the public of the public policy issues that are important to people with disabilities; therefore, be it
     Resolved by the West Virginia House of Delegates:
     That January 18, 2012, is hereby declared "Disability Advocacy Day" in West Virginia; and, be it
     Further Resolved, That the Clerk of the House forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 7) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
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:
     H. B. 4006, Relating to elevator workers' licensure exemptions,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4006 - "A Bill to amend and reenact §21-3C-10a of the Code of West Virginia, 1931, as amended, relating to elevator workers; providing licensure requirements; and providing licensure exemptions,"
     With the recommendation that the committee substitute do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4041, Permitting Alcohol Beverage Control Commission employees to be included in the civil service,
     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 (H. B. 4041) 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:
     H. B. 3157, Adding an additional family court judge to the twenty-third family court district,
     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. 3157) was referred to the Committee on Finance.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4078, Extending certain deadlines for mandated actions regarding higher education personnel,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for 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 modifying dates; changing the date for a certain calculation; and extending certain deadlines for mandated actions regarding higher education personnel,"
     With the recommendation that the committee substitute do pass.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Staggers, L. Phillips, Barker, Ferro, Guthrie and Cowles:
     
H. B. 4103 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-2B-1, §17A-2B-2 and §17A-2B-3, all relating to consolidation of government services and enforcement of laws pertaining to the motor carrier industry; stating legislative findings and purpose; designating the Division of Motor Vehicles as the lead agency to develop a plan for the consolidation; and requiring the division to report its plan and recommendations for consolidation to the Joint Committee on Government and Finance"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Morgan, Stephens, Hatfield, Butcher, Cann, D. Poling, Craig and Swartzmiller:
     
H. B. 4104 - "A Bill to amend and reenact §30-1-7a of the Code of West Virginia, 1931, as amended, relating to authorizing professional licensing boards to exempt licensees who have been continuously licensed for twenty years or more from continuing education requirements"; to the Committee on Government Organization.
By Delegates Morgan, Stephens, Butcher, Talbott, Swartzmiller, Ferns, Jones, Romine, Kump, Nelson and Storch:
     
H. B. 4105 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-49b, relating to the disruption of emergency communication; defining terms; and establishing criminal penalties"; to the Committee on Government Organization then the Judiciary.
By Delegates Morgan, Stephens, Swartzmiller, Givens, Butcher, Talbott, Jones, Romine, Nelson and Storch:
     
H. B. 4106 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-49b, relating to the registration of pawnbrokers; requiring pawnbrokers to keep certain records; requiring pawnbrokers to obtain specific identification information for certain transactions; requiring pawnbrokers to submit certain information to law- enforcement agencies; providing that information obtained by pawnbrokers is to be kept confidential; requiring the State Police to maintain database of information received from pawnbrokers; specifying duration pawnbrokers and law-enforcement agencies are to retain information for three years; defining terms; establishing penalties; and providing rule-making authority"; to the Committee on Government Organization then the Judiciary.
By Delegates Morgan, Stephens, Hatfield, Talbott, Martin, Hartman, Staggers, Azinger, Howell and Snuffer:
     
H. B. 4107 - "A Bill to amend and reenact §29-3-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29-3-5d, all relating to volunteer firefighters; and requiring the State Fire Commission to establish training, equipment and performance standards by legislative rule"; to the Committee on Government Organization.
By Delegates Morgan, Stephens, Boggs, Hatfield, Talbott, Staggers and Snuffer:
     
H. B. 4108 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-1-15a, relating to authorizing the Secretary of the Department of Environmental Protection to regulate environmental sampling by legislative rule"; to the Committee on Government Organization then the Judiciary.
By Delegates Morgan, Givens, Martin, Cann, Hall, R. Phillips, Romine and Householder:
     
H. B. 4109 - "A Bill to amend and reenact §30-1A-2, §30-1A-3, §30-1A-5 and §30-1A-6 of the Code of West Virginia, 1931, as amended, all relating to professions and occupations; revising the sunrise process; deleting the requirement for substantial change; and providing for sunrise application when establishing a scope of practice"; to the Committee on Government Organization.
By Delegates Morgan, Stephens, Hall, Hartman, Householder, Howell, Nelson, Snuffer, Staggers and Swartzmiller:
     
H. B. 4110 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29A-3C-1 and §29A-3C-2, all relating to requiring agencies to review their legislative rules"; to the Committee on Government Organization then the Judiciary.
By Delegates Morgan, Stephens, Hatfield, Hartman and Swartzmiller:
     
H. B. 4111 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-20-23, relating to injunctions"; to the Committee on Government Organization then the Judiciary.
By Delegates Morgan, Stephens, Hall, Hatfield, Hartman, Householder, Howell, Nelson, Snuffer and Staggers:
     
H. B. 4112 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-30-1, §29-30-2, §29-30-3, §29-30-4, §29-30-5, §29-30-6 and §29-30-7, all relating to streamlining state government; creating the Commission on Streamlining Government and providing for the membership, powers, duties, and functions of the commission; providing a procedure for the submission, consideration, approval, and implementation of recommendations of the Commission on Streamlining Government; providing for staff support and finances for the commission; providing for cooperation with and support for the commission; providing for the applicability of other laws; providing for termination; and providing for related matters"; to the Committee on Government Organization then Finance.
By Delegates Morgan, Hall, Hatfield, Hartman, Staggers and Swartzmiller:
     
H. B. 4113 - "A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to the Municipal Home Rule Pilot Program; increasing by two the number of municipalities that may participate in the program; providing that the two legislative members of the Municipal Home Rule Board sit ex officio; and requiring any change to municipality's tax structure or authority be approved by the voters"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Perry and Staggers:
     
H. B. 4114 - "A Bill to amend and reenact §8-15-8a of the Code of West Virginia, 1931, as amended, relating to the eligibility of volunteer or part volunteer fire companies or departments to allocation from municipal pensions and protection fund and the Fire Protection Fund; providing a grace period for these volunteer fire companies or departments to comply with submission of data; and requiring the State Fire Marshal to notify these volunteer fire companies or departments of the dates and grace period"; to the Committee on Pensions and Retirement then Finance.
By Delegate Sumner:
     
H. B. 4115 - "A Bill to amend and reenact §20-2-42b and §20-2-42f of the Code of West Virginia, 1931, as amended, all relating to providing that a Class B resident fishing license and a Class F nonresident fishing license are effective one year from the date of purchase of the license"; to the Committee on Natural Resources then the Judiciary.
By Delegate Hunt:
     
H. B. 4116 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-33, relating to liquefied petroleum gas-consuming equipment and appliances and the business of selling at retail, supplying, handling or transporting certain types of liquefied petroleum gas; requiring certification of correctness as to design, construction and performance of domestic and commercial liquefied petroleum gas-consuming equipment and appliances; requiring installation of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system in accordance with the instructions of the manufacturer of the appliance, equipment or component; prohibiting the alteration, modification, maintenance or repair of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system unless done in accordance with the instructions of the manufacturer; providing protections from liability for persons engaged in the business of selling at retail, supplying, handling or transporting liquefied petroleum gas, for acts in which they did not participate; and using existing criminal penalty provisions for violations"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Lawrence:
     
H. B. 4117 - "A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to redistributing an existing excise tax paid upon the transfer of real property so that the tax is paid to the county where the property is situate instead of to the state; requiring counties to dedicate this excise tax to support regional jails; providing this be accomplished incrementally over a five-year period; and stylistic changes"; to the Committee on the Judiciary then Finance.
By Delegate Moore:
     
H. B. 4118 - "A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-12-9 of said code, all relating to professions and occupations; board of funeral service examiners; definitions; specifically including the surviving spouse and a designated individual previously chosen by the deceased as a person who may designate the manner of disposition of a deceased person's body; crimes and their punishment; postmortem examinations; permits required for cremation; criminal penalties; and establishing an order of precedence among persons as to disposition of remains"; to the Committee on the Judiciary.
By Delegates Perry and Lawrence:
     
H. B. 4119 - "A Bill to amend and reenact §18-1-1 of the Code of West Virginia, 1931, as amended, relating to providing definition of athletic director employed in the public schools; and responsibilities"; to the Committee on Education.
By Delegates Staggers, Hall and Ferro
     [By Request of the Division of Highways]:
     
H. B. 4120 - "A Bill to amend and reenact §17-3A-1 of the Code of West Virginia, 1931, as amended, relating to funding of the industrial access road fund"; to the Committee on Roads and Transportation then Finance.
By Delegates Staggers, Hall and Ferro
     [By Request of the Division of Highways]:
     
H. B. 4121 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-14C-49, relating to providing that if a federal tax on motor fuels should be eliminated an additional state tax would be imposed in the same amount"; to the Committee on Roads and Transportation then Finance.
By Delegates Perry, Shaver, D. Campbell, Lawrence, Pethtel, Armstead, Duke, Savilla, Sigler, Paxton and M. Poling:
     
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, all relating to alternative programs for teacher education; providing definitions and defining approved education provider; generally reorganizing section, updating terms and eliminating duplicative language; 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 reporting and recommendation requirements; and requiring certain legislative rules"; to the Committee on Education then Finance.
By Delegates Frazier, Miley, Barker, Manypenny, Michael, Moore, Skaff, Ellem and Lane:
     
H. B. 4123 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24; to amend said code by adding thereto two new sections, designated §15-9-6 and §15-9-7; to amend and reenact §25-1-1a and §25-1-15 of said code; to amend said code by adding thereto three new sections, designated §25-1-23, §25-1-24 and §25-1-25; to amend and reenact §28-5-27 of said code; to amend said code by adding thereto a new section, designated §31-20-33; to amend said code by adding thereto three new sections, designated §51-1-22, §51-1-23 and §51-1-24; to amend and reenact §60A-1-101 of said code; to amend said code by adding thereto a new section, designated, §60A-1-102; to amend and reenact §60A-4-401 and §60A-4-407 of said code; to amend said code by adding thereto two new sections, designated §60A-4-414 and §60A-4-415; to amend and reenact §62-1-5a of said code; to amend and reenact §62-1C-3 of said code; to amend said code by adding thereto a new section, designated §62-11C-3a; to amend said code by adding thereto fifteen new sections, designated §62-12-1a, §62-12-5a, §62-12-29, §62-12-30, §62-12-31, §62-12-32, §62-12-33, §62-12-34, §62-12-35, §62-12-36, §62-12-37, §62-12-38, §62-12-39, §62-12-40, §62-12-41; to amend and reenact §62-12-13 and §62-12-18 of said code; to amend said code by adding thereto a new section, designated §62-13-1; and to amend said code by adding thereto a new article, designated §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5, §62-16-6, §62-16-7, §62-16-8 and §62-16-9, all relating to the Public Safety and Offender Accountability Act; requiring completion of a Corrections Impact Statement to determine the fiscal impact of bills that propose to increase, decrease or otherwise impact incarceration; establishing baselines for performance and comparisons to national averages to measure and document possible cost savings from the Public Safety and Offender Accountability Act; reinvesting and distribution of savings; identifying the primary objective for the Division of Corrections and sentencing policy as maintaining public safety, holding offenders accountable and maintaining the lowest possible recidivism rate; requiring the Division of Corrections to administer validated risk and needs assessments for inmates eligible for parole; creating an intensive secured substance abuse recovery program; requiring evidence-based practice to be used in treatment and intervention programs; requiring the Division of Corrections to provide annual reports to the Governor and the Legislature; providing for additional good time credit for successful completion of education or treatment programs; providing additional good time credit for exceptionally meritorious service; requiring the Regional Jail and Correctional Facility Authority to provide annual reports to the Governor and the Legislature; requiring the Supreme Court of Appeals to provide annual reports to the Governor and the Legislature; amending the Uniform Controlled Substances Act; requiring the Supreme Court of Appeals to develop an online system that provides courts, attorneys, probation and parole officers and victims with information about sentencing; distinguishing between serious drug trafficking by maintaining severe penalties for serious drug traffickers; establishing a proportionate scale of penalties; reduces sentence for small quantities of certain controlled substances for a first offense; permitting deferred prosecution or a presumptive probation sentence for first and second time possession offenders; requiring a law-enforcement officer to issue a citation instead of making an arrest for many misdemeanor offenses and providing for exceptions, such as when the offender poses a risk of danger to himself or others; prohibiting bail amounts for misdemeanors to exceed the fines and fees of the offenses charged; requiring courts and corrections authorities to incorporate risk and needs assessment information into their decision-making process; requiring state expenditures on supervision and intervention programs for pretrial defendants, inmates and persons on parole and probation be spent on evidence-based programs; requiring offenders to be supervised using practices proven to reduce or otherwise maintain low recidivism rates; requiring the parole board to hear cases at least sixty days prior to the offender's parole eligibility date; requiring the use of administrative caseloads for low-risk offenders; authorizing compliance credits for parolees and early termination for probationers who successfully comply with supervision conditions; requiring six months of supervision for offenders who would otherwise be discharged without supervision at the end of their sentences; authorizing the Division of Corrections to allow offenders to complete required programming in the community and be monitored; increasing accountability for probation and parole violations by authorizing administrative, graduated sanctions for parole and probation violators; creating two pilot projects that require frequent drug testing with immediate sanctions for positive drug tests or other violations and referral to treatment, if necessary; and creating an intermediate punishment program that provides substance abuse treatment for offenders sentenced to a state correctional facility"; to the Committee on the Judiciary then Finance.
House Calendar

Third Reading

     H. B. 2402, Redefining the term "public record" as it is used in the Freedom of Information Act; on third reading, coming up in regular order, with an amendment pending and with restricted right to amend by Delegate Armstead, was reported by the Clerk.
     Delegate Armstead moved to amendment the bill, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That §§29B-1-2 and 29B-1-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. PUBLIC RECORDS.
§29B-1-2. Definitions.

     As used in this article:
     (1) 'Custodian' means the elected or appointed official charged with administering a public body.
     (2) 'Person' includes any natural person, corporation, partnership, firm or association.
     (3) 'Public body' means every state officer, agency, department, including the executive, legislative and judicial departments, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission council or agency thereof; and any other body which is created by state or local authority or which is primarily funded by the state or local authority.
     (4) 'Public record' includes any writing containing information relating prepared or received by a public body, the content or context of which, judged either by its content or context relates to the conduct of the public's business. prepared, owned and retained by a public body
     (5) 'Writing' includes any books, papers, maps, photographs, cards, tapes, recordings or other documentary materials regardless of physical form or characteristics.
29B-1-4. Exemptions.
     (a) The following categories of information are specifically exempt from disclosure under the provisions of this article:
     (1) Trade secrets, as used in this section, which may include, but are not limited to, any formula, plan pattern, process, tool, mechanism, compound, procedure, production data or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors;
     (2) Information of a personal nature such as that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance: Provided, That nothing in this article shall be construed as precluding an individual from inspecting or copying his or her own personal, medical or similar file;
     (3) Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examination;
     (4) Records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law-enforcement agencies which are maintained for internal use in matters relating to law enforcement;. Such agency shall, at the conclusion of any investigation resulting in a criminal charge, prepare a full report of such investigation; and, unless the agency determines that disclosure of that report would hinder prosecution of those criminal actions, or any other ongoing investigation, such report shall be subject to disclosure.
     (5) Information specifically exempted from disclosure by statute;
     (6) Records, archives, documents or manuscripts describing the location of undeveloped historic, prehistoric, archaeological, paleontological and battlefield sites or constituting gifts to any public body upon which the donor has attached restrictions on usage or the handling of which could irreparably damage such record, archive, document or manuscript;
     (7) Information contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions, except those reports which are by law required to be published in newspapers;
     (8) Internal memoranda or letters received or prepared by any public body, to the extent that these internal memoranda or letters contain information which would be specifically exempt from disclosure under any of the other subdivisions of this section;
     (9) Records assembled, prepared or maintained to prevent, mitigate or respond to terrorist acts or the threat of terrorist acts, the public disclosure of which threaten the public safety or the public health;
     (10) Those portions of records containing specific or unique vulnerability assessments or specific or unique response plans, data, databases and inventories of goods or materials collected or assembled to respond to terrorist acts; and communication codes or deployment plans of law enforcement or emergency response personnel;
     (11) Specific intelligence information and specific investigative records dealing with terrorist acts or the threat of a terrorist act shared by and between federal and international law-enforcement agencies, state and local law enforcement and other agencies within the Department of Military Affairs and Public Safety;
     (12) National security records classified under federal executive order and not subject to public disclosure under federal law that are shared by federal agencies and other records related to national security briefings to assist state and local government with domestic preparedness for acts of terrorism;
     (13) Computing, telecommunications and network security records, passwords, security codes or programs used to respond to or plan against acts of terrorism which may be the subject of a terrorist act;
     (14) Security or disaster recovery plans, risk assessments, tests or the results of those tests;
     (15) Architectural or infrastructure designs, maps or other records that show the location or layout of the facilities where computing, telecommunications or network infrastructure used to plan against or respond to terrorism are located or planned to be located;
     (16) Codes for facility security systems; or codes for secure applications for such facilities referred to in subdivision (15) of this subsection;
     (17) Specific engineering plans and descriptions of existing public utility plants and equipment;
     (18) Customer proprietary network information of other telecommunications carriers, equipment manufacturers and individual customers, consistent with 47 U.S.C. §222; and
     (19) Records of the Division of Corrections, Regional Jail Authority and the Division of Juvenile Services relating to design of corrections, jail and detention facilities owned or operated by the agency, and the policy directives and operational procedures of personnel relating to the safe and secure management of inmates or residents, that if released, could be utilized by an inmate or resident to escape a facility, or to cause injury to another inmate, resident or to facility personnel.
     (b) As used in subdivisions (9) through (16), inclusive, subsection (a) of this section, the term 'terrorist act' means an act that is likely to result in serious bodily injury or damage to property or the environment and is intended to:
     (1) Intimidate or coerce the civilian population;
     (2) Influence the policy of a branch or level of government by intimidation or coercion;
     (3) Affect the conduct of a branch or level of government by intimidation or coercion; or
     (4) Retaliate against a branch or level of government for a policy or conduct of the government.
     (c) Nothing in the provisions of subdivisions (9) through (16), inclusive, subsection (a) of this section should be construed to make subject to the provisions of this chapter any evidence of an immediate threat to public health or safety unrelated to a terrorist act or the threat thereof which comes to the attention of a public entity in the course of conducting a vulnerability assessment response or similar activity.
     (d) Any agency that denies access to records pursuant to the exemption set forth in this section, shall file with the Secretary of State, for inclusion in the state register, or other publicly accessible publication or resource, a detailed explanation of the information requested and the reasons for the denial of such access, with the specific exemptions claimed duly noted in the filing."
     On the adoption of the amendment, Delegate Armstead demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 2), and there were--yeas 35, nays 59, absent and not voting 5, with the yeas and absent and not voting being as follows:
     Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Hamilton, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
     Absent And Not Voting: T. Campbell, Hatfield, Marcum, Marshall and Skaff.
    So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
     There being no further amendments, and having been engrossed, the bill was then read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 3), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent And Not Voting: T. Campbell, Hatfield, Marcum, Marshall and Skaff.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2402) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 2521, Eliminating the requirement of serving domestic violence orders by certified mail; 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. 4), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent And Not Voting: T. Campbell, Hatfield, Marcum, Marshall and Skaff.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2521) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 3128, Relating to filing a civil petition for expungement of records relating to an arrest; 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. 5), and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: T. Campbell, Hatfield, Marcum, Marshall and Skaff.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3128) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 3132, Requiring a judge's permission before a juror's information can be released; on third reading, coming up in regular order, was reported by the Clerk.
     On motion of Delegate Miley, the bill was recommitted to the Committee on the Judiciary.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for H. B. 2533, Requiring the identities of signatories to a certificate for a person seeking ballot access to be made public and verified,
     And,
     H. B. 4072, Eliminating requirement for county boards of education to meet on the first Monday of July.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates T. Campbell, Hatfield, Marcum, Marshall and Skaff.
     At 11:40 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 19, 2012.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **