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)
hdj2012-1-20-10


__________*__________




Friday, January 20, 2012

TENTH DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Thursday, January 19, 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 D. Campbell offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 28 - "Requesting that bridge number 42-14-05, the Big 'T' Bridge on County Route 14 at mile post 0.06 at Crystal Springs, Randolph County, West Virginia, be named the 'L/CPL David Lee Cosner Memorial Bridge'."
     Whereas, L/CPL David Lee Cosner was born to Harold L. and Marva Lynn Cosner on May 6, 1961, in Elkins, West Virginia; and
     Whereas, L/CPL David Lee Cosner was reared and educated in Randolph County, graduating from Elkins High School in 1979 and employed at Webb Ford Sales until sworn into the United States Marine Corps in May, 1982; and
     Whereas, L/CPL David Lee Cosner was stationed in Bierut, Lebanon, during a United Nations' peacekeeping mission, serving as an administrative assistant in the personnel office of Battalion Landing Team, 1st Bn 8th Marines, 2nd Marine Division; and
     Whereas, L/CPL David Lee Cosner was tragically killed on October 23, 1983, as a result of multiple fragmentation wounds to the body sustained in the bombing of the Marine barracks by terrorists in Beirut; and
     Whereas, L/CPL David Lee Cosner was one of five native West Virginia residents and the only son of Randolph County, West Virginia, to lose his life during the occupation of Beirut; and
     Whereas, The ultimate sacrifice of this brave and courageous son of Randolph County, West Virginia, requires us to honor L/CPL David Lee Cosner and thereby ensure that future generations are made aware of his sacrifice in the cause of freedom; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 42-14-05, the Big "T" Bridge on County Rt. 14 at Mile Post 0.06 at Crystal Springs, Randolph County, West Virginia, the "L/CPL David Lee Cosner 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 "L/CPL David Lee Cosner 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; L/CPL Cosner's father, Harold L. "Red" Cosner of Elkins, West Virginia; his daughter, Leanna Cosner of Elkins, West Virginia; his grandson, David McCoy of Elkins, West Virginia; and to Richard R. Ware, Commandant, Detachment 956, MCL, of Elkins, West Virginia.
     Delegate D. Campbell offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 29 - "Requesting that bridge number 42-35-5.78 on County Route 35 in Cassity, Randolph County, West Virginia, the 'Major Arnold James Zirkle Memorial Bridge'."
     Whereas, Major Arnold James Zirkle was was born February 5, 1939 to Arnold Kermit Zirkle and Ester Gaye Westfall Zirkle, and was raised in Cassity, Randolph County, West Virginia; and
     Whereas, Upon graduating from Coalton High School, Major Arnold James Zirkle enlisted into the United States Army on December 3, 1959; and
     Whereas, Major Arnold James Zirkle was a career army officer who served during the Vietnam War with the 11th Armored Calvary Regiment "L" and "HQ" Troops; and
     Whereas, Major Arnold James Zirkle was awarded the Bronze Star Medal with Combat "V" for distinguished service, the Purple Heart, the Air Medal, the Meritorious Service Medal, the Army Commendation Medal, the National Defense Medal, the Vietnam Service Medal, the Republic of Vietnam Commendation Medal, the Parachute Badge, the Republic of Vietnam Army Badge, the Vietnamese Cross of Gallantry with Palm and the Good Conduct Medal; and
     Whereas, Major Arnold James Zirkle attained the rank of major on August 8, 1975; and
     Whereas, Major Arnold James Zirkle's father Arnold Kermit Zirkle, his uncles, Arden Austin Zirkle, Alson Howard Zirkle, Armond Ulysses Zirkle, Ariel Cleston Zirkle and Aryus Kilmer Zirkle and brother-in-law Merl Keith Fox served in the United States Army, all residents of Randolph County; and
     Whereas, After his retirement from the Army, Major Arnold James Zirkle worked for the West Virginia Department of Transportation and was a member of the St. Brendan Catholic Church; and
     Whereas, Major Arnold James Zirkle passed away on November 12, 2010 and is interred in the American Legion's Little Arlington Cemetery near Elkins; and
     Whereas, Major Arnold James Zirkle served his country and his state with honor and distinction; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 42-35-5.78 on County Route 35 in Cassity, Randolph County, West Virginia, the "Major Arnold James Zirkle 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 "Major Arnold James Zirkle 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, Gayle S. Swihart Zirkle of Buckhannon, West Virginia; daughters, Joyce Weiskircher of Hurricane, West Virginia and Nikki Ortuglio of Baltimore, Maryland; his son, Gary George; and sister, Carrol Zirkle Fox of Cassity.
     Delegate D. Campbell offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 30 - "Requesting that a sign honoring Anna Wallace be placed at the intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point, in Pocahontas County, West Virginia, that reads 'Anna Wallace First Woman To Be Elected As Pocahontas County Superintendent of Schools 1923-1927'."
     Whereas, Anna Wallace was a dedicated school teacher for many years in Pocahontas County, including when the Nineteenth Amendment to the United States Constitution giving women the right to vote was ratified on August 18, 1920; and
     Whereas, In the first election women were allowed to vote, 1922, Anna Wallace was one of ten women in West Virginia elected as county superintendents of schools; and
     Whereas, In the 1922 general election Anna Wallace soundly defeated her male opponent, C. E. Flynn, two thousand three votes to one thousand seven hundred votes; and
     Whereas, Anna Wallace served one term as the Pocahontas County Superintendent of Schools, from 1923 to 1927, and remains the only woman so elected in Pocahontas County; and
     Whereas, Anna Wallace lived with her father Dr. Matt Wallace in a house that still stands at intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point; and
     Whereas, The life of Anna Wallace shall be recognized and honored; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested that a sign honoring Anna Wallace be placed at the intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point, in Pocahontas County, West Virginia, that reads "Anna Wallace First Woman To Be Elected As Pocahontas County Superintendent of Schools 1923-1927"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point, in Pocahontas County, West Virginia, reading "Anna Wallace First Woman To Be Elected As Pocahontas County Superintendent of Schools 1923-1927"; 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 Cindy L. Cramer.
     Delegates White, Marcum and Varner offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 31 - "Requesting the Division of Highways name bridge number 30-52-17.40, located in Mingo County, the 'GMGC Bobby Lee Jarrell United States Navy Memorial Bridge'."
     Whereas, Bobby Lee Jarrell was born August 16, 1935, in Purtain Mines, West Virginia; and
     Whereas, Bobby Lee Jarrell graduated from Burch High School in 1953, and immediately enlisted in the United States Navy; and
     Whereas, Bobby Lee Jarrell had a distinguished 22 year career in the Navy, which took him all over the world to places such as Antarctica, Vietnam and Korea; and
     Whereas, Bobby Lee Jarrell served as a Chief Gunner's Mate and was awarded the Navy Commendation and Navy Achievement Medals, the Combat Action ribbon, the Navy Unit Commendation and Good Conduct (five awards), National Defense Service, Anarctic Service, Vietnam Service (two stars), Vietnam Campaign, Navy Expert Rifleman and Navy Expert Pistol Shot Medals; and
     Whereas, Bobby Lee Jarrell returned to Mingo County after his Navy retirement where he served as the Manager of Maintenance for Mingo County Schools until his retirement in 1999; and
     Whereas, Bobby Lee Jarrell was married to his beloved wife Betty, with whom he shared the joy of having their sons Michael and Ricky and their daughter Cheryl; and
     Whereas, Sadly, Bobby Lee Jarrell passed away at his home on May 10, 2009, leaving behind a host of family and friends, and a grateful country; and
     Whereas, It is fitting, to honor the memory of Bobby Lee Jarrell, who served his country and community honorably, by naming bridge number 30-52-17.40, located in Mingo County, the "GMGC Bobby Lee Jarrell United States Navy Memorial Bridge"; therefore, be it
     Resolved by the West Virginia Legislature:
     That the Legislature hereby requests the Division of Highways name bridge number 30-52- 17.40, located in Mingo County, the "GMGC Bobby Lee Jarrell United States Navy 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 "GMGC Bobby Lee Jarrell United States Navy 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 the family of Bobby Lee Jarrell.
     Delegates Caputo, Longstreth and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 32 - "Requesting the Division of Highways to erect signage at each end of Quiet Dell, Harrison County, West Virginia, on Route 310, that states 'Home of Hershel Woodrow "Woody" Williams: United States Congressional Medal of Honor Recipient'."
     Whereas, Hershel Woodrow "Woody" Williams was born on October 2, 1923, in Fairmont, West Virginia, growing up on a dairy farm in nearby Quiet Dell, Harrison County; and
     Whereas, Hershel Woodrow "Woody" Williams enlisted in the Marine Corps Reserve in Charleston, West Virginia, on May 26, 1943, and eventually trained as a demolition man and in the use of flame throwers; and
     Whereas, During July and August 1944, Williams participated in action against the Japanese at Guam; and
     Whereas, Williams' next tour of duty was at Iwo Jima where he distinguished himself with action for which he would be awarded the Medal of Honor; and
     Whereas, Williams, now a corporal, landed on Iwo Jima on February 21, 1945, and two days later, when American tanks were trying to open a lane for infantry and encountered a network of reinforced pillboxes, buried mines and black volcanic sands, Williams went forward alone with his 70-pound flame thrower in an attempt to reduce the devastating machine-gun fire from the unyielding positions; and
     Whereas, Covered by only four riflemen, Williams fought desperately for hours under terrific enemy small-arms fire, repeatedly returning to his own lines to prepare demolition charges and to obtain serviced flame throwers; and
     Whereas, Following each return to his own lines, Williams struggled back, frequently to the rear of hostile emplacements, to wipe out one position after another; and
     Whereas, On one occasion, Williams daringly mounted a pillbox to insert the nozzle of his flame thrower through the air vent, extinguishing the occupants and silencing the gun; and
     Whereas, On another occasion, Williams grimly charged enemy riflemen who attempted to stop him with bayonets, destroying them with a burst of flame from his weapon; and
     Whereas, Williams unyielding determination and extraordinary heroism in the face of ruthless enemy resistance were directly instrumental in neutralizing one of the most fanatically defended Japanese strong points encountered by his regiment and aided in enabling his company to reach its objective; and
     Whereas, Williams, on March 6, 1945, was wounded on Iwo Jima and received the Purple Heart; and
     Whereas, On October 5, 1945, the President of the United States, Harry S. Truman, presented the Medal of Honor to Williams for "conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty as Demolition Sergeant serving with the First Battalion, Twenty-First Marines, Third Marine Division, in action against enemy Japanese forces on Iwo Jima, Volcano Island, 23 February, 1945"; and
     Whereas, Williams retired from the Marine Corps Reserve in 1969 after approximately 17 years of service; and
     Whereas, Williams served as chaplain of the Congressional Medal of Honor Society for 35 years; and
     Whereas, Williams received the West Virginia's Distinguished Service Medal in 1965 and the Veteran's Administration Vietnam Service Medal in 1967 for service as a civilian counselor to the Armed Forces; and
     Whereas, The West Virginia National Guard Armory at Fairmont, West Virginia, a bridge at Barboursville, West Virginia, and an athletic field at Huntington, West Virginia, are named in his honor; and
     Whereas, Williams was selected for the City of Huntington Foundations's "Wall of Fame" in 1999; and
     Whereas, In addition to his many military related activities, Williams was active in his church and community and operated a boarding and training barn for horses at Ona, West Virginia, with his wife, Ruby, and grandson for twenty-seven years; and
     Whereas, Williams' aggressive fighting spirit and continuing valiant devotion to duty has not gone unnoticed by the President of the United States and several other organizations and should not go unnoticed by this House; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to cause to have made and be erected signage at either end of Quiet Dell, Harrison County, West Virginia, on Route 310, that states "Home of Hershel Woodrow 'Woody' Williams: United States Congressional Medal of Honor Recipient"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, to Hershel Woodrow "Woody" Williams and to Mayor Sandra Hulsea.
     Delegates T. Campbell and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 33 - "Requesting that the 'Certified Business Location' signs on roads that enter Greenbrier County be replaced with signs that read 'Home of the Greenbrier - America's Resort'."
     Whereas, The Greenbrier is a Forbes four-star and AAA Five Diamond Award winning luxury resort located in Greenbrier County; and
     Whereas, In 1858 The Grand Central Hotel was built on the grounds of The Greenbrier, but known to long-time patrons as the Old White. This hotel boasted three stories of porches to catch summer breezes and ample space to promenade one's stylish attire. While it was torn down in 1922, in 1913 The Greenbrier Hotel was built and the name of the property was officially changed to The Greenbrier; and
     Whereas, For the one hundred years following the end of the Civil War, The Greenbrier was one of the classic railroad resorts in North America. During that period trains brought visitors from New York, Washington, Richmond, Atlanta, Detroit, Chicago, Cleveland and scores of points in between; and
     Whereas, In September 1942 the U.S. Army purchased The Greenbrier estate, converted the hotel into a two thousand-bed hospital. In four years over twenty-four thousand soldiers were admitted and treated, while the resort served the war effort as a surgical and rehabilitation center. At the war's conclusion, the Army closed the hospital. The Chesapeake and Ohio Railway reacquired the property from the government in 1946. The company immediately commissioned a comprehensive interior redecoration by the noted designer Dorothy Draper. The origin of The Greenbrier's distinctive décor goes back to this much-publicized redecoration, at a period when Dorothy Draper was at the peak of her fame; and
     Whereas, Twenty-six Presidents, numerous foreign dignitaries and other notable persons have stayed at The Greenbrier; and
     Whereas, The Greenbrier was added to the National Register of Historic Places in 1974 and in 1990 became a National Historical Landmark; and
     Whereas, At the dawn of the Twenty-First Century, attention turned to an extraordinarily ambitious expansion, the largest at The Greenbrier for many decades. The Greenbrier Sporting Club developed selected portions of the resort's six thousand five hundred acres into neighborhoods of custom-designed homes featuring panoramic views of the surrounding Allegheny Mountains; and
     Whereas, In May 2009 a prominent West Virginian, Jim Justice, purchased The Greenbrier and turned his considerable energies into plans to revitalize America's Resort. He immediately presented his vision of a casino like no other, one that would include shops, restaurants and entertainment in a smoke-free environment. Construction began in August 2009, and Carleton Varney was commissioned to extend the legendary "High Style of Dorothy Draper" throughout the new entertainment venue. Casino Club at The Greenbrier opened in grand fashion on July 2, 2010; and
     Whereas, Mr. Justice arranged to relocate a PGA Tour event with a multi-year contract under the name The Greenbrier Classic. The first tournament was held July 26 through August 1, 2010; and
     Whereas, The Greenbrier stands as the nation's most recognizable luxury resort and is a source of pride not only for its many employees and citizens of Greenbrier County but also for all West Virginians; therefore, be it
    Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to replace the "Certified Business Location" signs on roads that enter Greenbrier County with signs that read "Home of the Greenbrier - America's Resort"; 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.
     Delegates Poore, D. Poling, Mr. Speaker, Mr. Thompson, Barill, Barker, Boggs, Brown, Butcher, D. Campbell, T. Campbell, Cann, Caputo, Crosier, Doyle, Ellem, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hamilton, Hartman, Hatfield, Hunt, Iaquinta, Jones, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marcum, Marshall, Martin, Michael, Moore, Morgan, Moye, Paxton, Perdue, Perry, L. Phillips, Pino, M. Poling, Reynolds, Rodighiero, Staggers, Stephens, Stowers, Swartzmiller, Walker, Wells, White and Williams offered the following resolution, which was read by the Clerk and referred to the Committee on Rules:
     H. R. 8 - "Opposing the United States Supreme Court's interpretation of the Constitution in Citizens United regarding the constitutional rights of corporations, supporting an amendment to the Constitution to provide that corporations are not entitled to the entirety of protections or 'rights' of natural persons, specifically so that the expenditure of corporate money to influence the electoral process is no longer a form of constitutionally protected speech, and calling on Congress to begin the process of amending the Constitution."
     Whereas, In 2010 the United States Supreme Court issued its decision in Citizens United v. Federal Election Committee, holding that independent spending on elections by corporations and other groups could not be limited by government regulations; and
     Whereas, This decision rolled back the legal restrictions on corporate spending in the electoral process, allowing for the unlimited corporate spending to influence elections, candidate selection, and policy decisions; and
     Whereas, In reaching this decision, a majority of the Supreme Court, relying on prior decisions, interpreted the First Amendment of the Constitution to afford corporations the same free speech protections as natural persons; and
     Whereas, In his eloquent dissent, Justice John Paul Stevens rightly recognized that "corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their 'personhood' often serves as a useful legal fiction. But they are not themselves members of "We the People by whom and for whom our Constitution was established"; and
     Whereas, The Court's decision in Citizens United severely hampers the ability of federal, state and local governments to enact reasonable campaign finance reforms and regulations regarding corporate political activity; and
     Whereas, Corporations should not be afforded the entirety of protections or "rights" of natural persons, such that the expenditure of corporate money to influence the electoral process is a form of constitutionally protected speech; and
     Whereas, Several proposed amendments to the Constitution have been introduced in Congress that would allow government to regulate the raising and spending of money by corporations to influence elections; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegate of West Virginia opposes the Supreme Court's interpretation of the Constitution in Citizens United regarding the constitutional rights of corporations, and supports amending the Constitution to provide that corporations are not entitled to the entirety of protections or "rights" of natural persons, specifically so that the expenditure of corporate money to influence the electoral process is no longer a form of constitutionally protected speech, and the calls on Congress to begin the process of amending the Constitution; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Clerk of the Supreme Court of the United States and to the members of Congress from West Virginia.
Committee Reports

     Chairman Williams, from the Committee on Senior Citizen Issues, submitted the following report, which was received:
     Your Committee on Senior Citizen Issues has had under consideration:
     H. B. 4062, Clarifying the duties of the Commissioner of the Bureau of Senior Services as executive and administrative head of the Bureau of Senior Services,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.
     In the absence of objection, reference of the bill (H. B. 4062) to the Committee on Government Organization was dispensed with.
     On motion of Delegate Boggs, the bill (H. B. 4062) was then 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. 4020, Recognizing outstanding students who are top scorers on certain statewide tests,
     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. 4020) 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. 4070, Changing the basis for paying the county salary supplement equivalent pay rate for division of rehabilitation teachers,
     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. 4070) 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. 4001, Authorizing boards to establish fees by legislative rule,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4001 - "A Bill to amend and reenact §30-1-6 of the Code of West Virginia, 1931, as amended, relating to professional licensing boards; authorizing boards to establish fees by legislative rule notwithstanding specific fees established in code; providing for methods to notify licensees of proposal of fees in legislative rules; and clarifying the requirement to redact social security numbers from records released to the public,"
     And,
     Com. Sub. for H. B. 4003 - "A Bill to amend and reenact §30-1-5 of the Code of West Virginia, 1931, as amended, relating to professional licensing boards; modifying who has the authority to call meetings and administer oaths; clarifying the establishment of quorums; providing that persons who report violations in good faith are not subject to civil damages; requiring boards to maintain a business office open to the public; requiring board offices to be identified with a sign or directory on the building or in the entranceway or lobby of the building; requiring board members to adhere to ethical standards for appointed officials; and clarifying that boards may issue notices to cease and desist unlawful or unlicensed practice,"
     With the recommendation that each 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. 4002, Relating to annual seminar requirements for professional licensing boards,
     And,
     H. B. 4097, Creating a license to practice hair styling,
     And reports the same back with the recommendation that they each do pass.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4086, Designating certain property as a qualified capital addition to a manufacturing facility,
    And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for 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 to the twenty-fifth year succeeding the year in which the qualified capital addition is first placed in service,"
     With the recommendation that the committee substitutes each do pass.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     S. C. R. 1 - "Requesting the Division of Highways to name bridge number 30-3/5-3.01, in Mingo County, the 'Brittany Nicole Dentro Memorial Bridge'."
     Whereas, Brittany Nicole Dentro was born at Williamson Memorial Hospital in 1991, the daughter of Tony and Ginger Dentro; and
     Whereas, Brittany Nicole Dentro lived in Lenore, West Virginia, where she attended Lenore from Kindergarten through the eighth grade and played softball, basketball and was a cheerleader; and
     Whereas, Brittany Nicole Dentro attended Logan High School, where she participated in many activities, including coaching the Tug Valley Midget League cheerleading team; and
     Whereas, Brittany Nicole Dentro loved spending time with her sisters, Alisha and Heather; and
     Whereas, Brittany Nicole Dentro was diagnosed with juvenile diabetes at the age of eight; and
     Whereas, Brittany Nicole Dentro attended a diabetes camp in Wheeling and Charleston, West Virginia, Camp Kno-Koma, where she eventually became a counselor to help others with other young children diagnosed with diabetes; and
     Whereas, Brittany Nicole Dentro enjoyed helping her grandfather operate his convenience store and helping her grandmother with patients in the ICU at Williamson Memorial Hospital; and
     Whereas, Brittany Nicole Dentro would have graduated from Logan High School in May 2009, and was planning to attend Marshall University, where she was accepted in the nursing program and planned on becoming a registered nurse; and
     Whereas, Sadly, Brittany Nicole Dentro passed on April 20, 2009, bringing to an end a young, precious life that was filled with compassion and love for others and unlimited potential; and
     Whereas, Brittany Nicole Dentro left behind a host of family and friends all of whom will miss her dearly; and
     Whereas, It is fitting, to name this bridge as a memorial to the life of Brittany Nicole Dentro; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name bridge number 30- 3/5-3.01, in Mingo County, the "Brittany Nicole Dentro 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 "Brittany Nicole Dentro Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Brittany Nicole Dentro.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     S. C. R. 2 - "Requesting the Division of Highways to name bridge number 31-43-2.48(4303) on County Route 43 and crossing Morgan's Run Road in Monongalia County, West Virginia, the 'Colonel Zackquill Morgan Memorial Bridge-Founder of Morgantown'."
     Whereas, Colonel Zackquill Morgan was a son of a Welsh-born Colonel Morgan Morgan and mother, Catherine Garretson Morgan in Berkeley County, Virginia now West Virginia in 1735. He served the Virginia forces during the French and Indian War participating in both the ill-fated Braddock's expedition and the more successful expedition by General Forbes in 1758. He rendered valuable service as leader of the rear guard during the Revolutionary War and advance guard of the Republic, serving in the capacity as "County Lieutenant" of Monongalia County with the title of Colonel during the Revolutionary War. Colonel Zackquill Morgan commanded approximately 600 Virginia Minute Men with General Gates during the Battle of Saratoga in October 1777, having lost nearly half his men in this battle; and
     Whereas, Colonel Zackquill Morgan accompanied by his brother David Morgan migrated to the region now known as Monongalia County, having had land surveyed for him on April 29, 1778, to include 220 acres on Decker's Creek and the Monongahela River. In 1782, with the extension of the Mason-Dixon line, Colonel Zackquill Morgan's home and county seat became part of Pennsylvania and as such moved south to what was then called Morgan's Town, establishing the county court in Colonel Morgan's home while a new courthouse was under construction. In October 1785, by request of Colonel Zackquill Morgan, the Virginia General Assembly specified that 50 acres of land be surveyed to establish half acre lots and a town named Morgan's Town, Virginia, now known as Morgantown, West Virginia to be established on this site. Colonel Zackquill Morgan maintained and operated the town's first tavern in 1783 and lived in a house on Front Street until his death on January 1, 1795, several years after peace had been declared with England. He was buried in a remote cemetery at Prickett's Fort, Marion County, Virginia, the grave was marked by a simple sandstone slab with the words "Z. M. Morgan, Jan. 1, 1795" crudely chiseled into its face; and
     Whereas, Colonel Zackquill Morgan shall be remembered as having served throughout the Revolutionary War and as founder of present day Morgantown, West Virginia, and the life and contributions of Colonel Zackquill Morgan shall be recognized and honored; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 31-43-2.48(4303) on County Route 43 and crossing Morgan's Run Road in Monongalia County, West Virginia, the "Colonel Zackquill Morgan Memorial Bridge-Founder of Morgantown"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs at each entry of said bridge, containing bold and prominent letters proclaiming the bridge to be the "Colonel Zackquill Morgan Memorial Bridge-Founder of Morgantown"; and, be it
     Further Resolved, That the Clerk of the Senate is directed to forward a certified copy of this resolution to the Secretary of Transportation and the Zackquill Morgan Chapter Daughters of the
American Revolution.
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. 4235 - "A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §18-5B-3a, relating to allowing flexibility within county school systems; authorizing the State Board of Education to select a county school system to serve as a county innovation zone pilot project; authorizing the State Board of Education to promulgate rules and emergency rules; providing the procedure and criteria for application and selection as a county innovation zone; requiring the development of county innovation zone plans and setting forth their contents; requiring a public meeting to obtain feedback; permitting exceptions from county and state board rules, policies and interpretations; permitting exceptions from statutes subject to legislative approval; requiring annual performance reviews and reports; and permitting the posting of certain teaching vacancies"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 4236 - "A Bill to amend and reenact §18A-2-12 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18A-3C-1, §18A-3C-2 and §18A-3C-3, all relating to exclusions from the definition of professional personnel for evaluation purposes; new system of performance evaluations of professional personnel, specifically teachers, principals and assistant principals; instituting specific percentages for the evaluation score based on student performance and peer evaluations; implementing new standards for teacher mentoring program; and potential loss of funding for not instituting new teacher mentoring standards"; to the Committee on Education then Finance.
By Delegates Butcher, M. Poling, Barill, D. Poling, Williams, Swartzmiller, Manypenny, Michael and R. Phillips:
     
H. B. 4237 - "A Bill to amend and reenact §19-29-2 of the Code of West Virginia, 1931, as amended, relating to allowing the inclusion of white- tailed deer and its subspecies in the definition of 'nontraditional agriculture'"; to the Committee on Natural Resources then the Judiciary.
By Delegates Poore, Marshall, Fleischauer and Boggs
     [By Request of the Secretary of State's Office]:
     
H. B. 4238 - "A Bill to amend and reenact §3-3-2b of the Code of West Virginia, 1931, as amended, relating to the provision of absentee ballots to participants of the Address Confidentiality Program"; to the Committee on the Judiciary.
By Delegates Morgan and Perdue:
     
H. B. 4239 - "A Bill to amend and reenact §30-14-3 of the Code of West Virginia, 1931, as amended, relating to increasing the membership of the West Virginia Board of Osteopathy by adding an additional licensed osteopathic physician and a licensed osteopathic physician assistant"; to the Committee on Government Organization.
By Delegates Lawrence, Smith, Miley, Skaff, T. Campbell, Manchin, Marshall, White, Stowers, Phillips, L. and Carmichael:
     
H. B. 4240 - "A Bill to amend and reenact §49-6A-1, §49-6A-2, §49-6A-8 and §49-6A-10 of the Code of West Virginia, 1931, as amended, all relating to increasing the persons mandated to report abuse and neglect of children; increasing the criminal penalties for failure to report; and providing funding for educational programs for reporting and preventing child abuse and neglect"; to the Committee on the Judiciary then Finance.
By Delegates D. Campbell, Ferro, Hartman, Hatfield, Iaquinta, Mahan, Morgan, Poore, Staggers, Talbott, Walker and Williams:
     
H. B. 4241 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-7E-1, §30-7E-2 and §30-7E-3, all relating to professions and occupations; establishing nurse health programs; definitions; and authority of the West Virginia Board of Examiners for Registered Professional Nurses to designate these programs"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Mahan, Fleischauer, Barill, Brown, Ferro, Fragale, Frazier, Longstreth, Phillips, L. and Stowers:
     
H. B. 4242 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to establishing criminal penalties for failure to report a missing child by the child's custodian"; to the Committee on the Judiciary then Finance.
By Delegates Smith, Lawrence and Hunt:
     
H. B. 4243 - "A Bill to amend and reenact §15-12-5 of the Code of West Virginia, 1931, as amended, relating to disclosure of sex offender registration to public and private elementary and secondary schools, and institutions of higher education where the registrant is employed or attends school"; to the Committee on Education then the Judiciary.
By Delegates Kump, Rowan and Householder:
     
H. B. 4244 - "A Bill to amend and reenact §61-2-29 and §61-2-29a of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8D-2, §61-8D-2a, §61-8D-4a and §61- 8D-5 of said code, all relating to eliminating eligibility for parole for the offenses of abuse, neglect or death of an incapacitated adult, murder of a child by a parent, guardian or custodian by refusal to supply necessities, death of a child by a parent, guardian or custodian by child abuse, child neglect resulting in death, or sexual abuse of a child by a parent, guardian or custodian"; to the Committee on the Judiciary.
By Delegates Overington, Butcher, Barill, Barker, Caputo, Sobonya, Frazier, Michael and Perdue:
     
H. B. 4245 - "A Bill to amend and reenact §17C-15-23 of the Code of West Virginia, 1931, as amended, relating to lighting equipment; and permitting permit certain auxiliary lighting on motorcycles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Butcher, Guthrie, Stowers, Mahan, Poore, Wells, Barill, Brown, Longstreth and Marshall:
     
H. B. 4246 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4, §19-20C-5, §19- 20C-6, §19-20C-7, §19-20C-8, §19-20C-9, §19-20C-10 and §19-20C-11, all relating to creating the 'West Virginia Companion Animal Protection Act'; providing a short title; definitions; and generally governing the manner in which animals are to be treated by sheltering agencies and rescue groups; providing animal care standards, including humane treatment and killing of animals; requiring record keeping; and providing for court procedure to compel compliance with animal care standards"; to the Committee on Agriculture then the Judiciary.
By Delegates Frazier, Barill, Miley, T. Campbell and Hunt:
     
H. B. 4247 - "A Bill to amend and reenact §29-21-13a of the Code of West Virginia, 1931, as amended, relating to increasing the compensation of attorneys who are appointed to represent criminal defendants"; to the Committee on the Judiciary then Finance.
By Delegates Moore, Reynolds, Azinger and Mahan:
     
H. B. 4248 - "A Bill to amend and reenact §31A-2-4 of the Code of West Virginia, 1931, as amended; relating to the powers and duties of the Commissioner of Banking; authorizing the Commissioner of Banking to establish relationships or contracts with the Nationwide Mortgage Licensing System and Registry, or other entities designated by the Nationwide Mortgage Licensing System and Registry, to collect and maintain records related to criminal background investigations and fingerprinting for persons subject to this subsection; providing that the Commissioner of Banking may use the Nationwide Mortgage Licensing System and Registry, or its designated vendor, as a channeling agent for requesting information from and distributing information to the Department of Justice or any governmental agency; providing that the Commissioner of Banking may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting and distributing information to and from any source so directed by the Commissioner; authorizing the Commissioner of Banking to conduct examinations of third-party providers of information technology services to financial institutions; and creating a special revenue account to be known as the 'Consumer Education Fund', which may be expended by the commissioner to promote consumer awareness and understanding of issues related to residential mortgage lending; providing that ten percent of all civil administrative penalties collected by the Division of Banking during each fiscal year shall be deposited into that account, which may be invested and retain all earnings and interest; and providing that at the end of each fiscal year, any remaining balance less than $500,000, including accrued interest, shall remain in the account and that any balance exceeding $500,000 shall revert to the General Revenue Fund"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Morgan, Stephens, Swartzmiller, Hall, Hatfield, Hartman, Skaff, Stowers, Williams, Frazier and Snuffer:
     
H. B. 4249 - "A Bill to amend and reenact §24-2A-1 of the Code of West Virginia, 1931, as amended, relating to reduced utility rates for low-income residential customers"; to the Committee on Government Organization then Finance.
By Delegates Doyle, Rodighiero, Ferro, Frazier, Reynolds, Storch and Walters:
     
H. B. 4250 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7, all relating to creating the Uniform Real Property Electronic Recording Act; providing short title; defining terms; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring any county clerk implementing the provisions of the act to comply with established standards; authorizing county clerks to receive, index, store, archive and transmit electronic documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to convert paper documents accepted for recording into electronic documents; authorizing county clerks to collect electronically any tax or fee relating to electronic recording of real property documents they are authorized by law to collect; authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents; creating the Real Property Electronic Recording Standards Council to develop the standards necessary to electronically record real property documents; authorizing a legislative rule; providing for a report and recommendations to the Legislature; providing that members of the Real Property Electronic Recording Standards Council pay their own expenses; setting forth areas for consideration when adopting or changing standards; providing for uniformity of application and construction of the act; and providing that this act modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act"; to the Committee on the Judiciary then Finance.
By Delegates Doyle, Rodighiero, Ferro, Frazier, Reynolds and Storch:
     
H. B. 4251 - "A Bill to repeal §46-11-101, §46-11-102, §46-11-103, §46-11-104, §46-11- 105, §46-11-106, §46-11-107 and §46-11-108 of the Code of West Virginia, 1931, as amended; to amend and reenact §46-2A-103 of said code; to amend and reenact §46-9-102, §46-9-105, §46-9- 307, §46-9-311, §46-9-316, §46-9-317, §46-9-326, §46-9-406, §46-9-408, §46-9-502, §46-9-503, §46-9-507, §46-9-515, §46-9-516, §46-9-518, §46-9-607 and §46-9-625; and to amend said code by adding thereto nine new sections, designated §46-9-801, §46-9-802, §46-9-803, §46-9-804, §46- 9-805, §46-9-806, §46-9-807, §46-9-808 and §46-9-809, all relating generally to amendments to the uniform commercial code; improving the system for filing financing statements; greater protection for existing secured party having a security interest in after-acquired property upon relocation of debtor; reforming the correction statement process; technical changes; and transition rules"; to the Committee on the Judiciary then Finance.
House Calendar

Third 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; 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. 6), and there were--yeas 86, nays 1, absent and not voting 12, with the nays and absent and not voting being as follows:
     Nays: Kump.
     Absent and Not Voting: Cann, Carmichael, Crosier, Ellem, Givens, Hunt, Longstreth, Michael, Moye, M. Poling, Stephens and Swartzmiller.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2533) 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. 4072, Eliminating requirement for county boards of education to meet on the first Monday of July; 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. 7), and there were--yeas 87, nays none, absent and not voting 12, with the absent and not voting being as follows:
     Absent and Not Voting: Cann, Carmichael, Crosier, Ellem, Givens, Hunt, Longstreth, Michael, Moye, M. Poling, Stephens and Swartzmiller.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4072) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     Com. Sub. for H. B. 4006, Relating to elevator workers' licensure exemptions; on second reading, coming up in regular order, was reported by the Clerk.
     On motion of Delegate Boggs, the bill (H. B. 4006) was recommitted to the Committee on Government Organization.
     Com. Sub. for H. B. 4078, Extending certain deadlines for mandated actions regarding higher education personnel; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Cann, Carmichael, Crosier, Ellem, Givens, Hunt, Longstreth, Michael, Moye, M. Poling, Stephens and Swartzmiller.
Miscellaneous Business

     Delegate Hatfield announced that she was absent when the votes were taken on Roll Nos. 2 through 5, and that had she been present, she would have voted "Nay" on Roll No. 2, and "Yea" on Roll Nos. 3, 4 and 5.
     At 11:26 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, January 23, 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 ***