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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)
hdj2012-1-26-16


__________*__________




Thursday, January 26, 2012

SIXTEENTH 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 Wednesday, January 25, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect July 1, 2012, a bill of the House of Delegates as follows:
     Com. Sub. for H. B. 4086, Designating certain property as a qualified capital addition to a manufacturing facility.
Committee Reports

     Chairman Butcher, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration:
     H. B. 4135, Agriculture, inspection of meat and poultry,
     H. B. 4181, Agriculture, labeling of honey products,
     And,
     H. B. 4182, Agriculture, nutrient management certification,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 4135, H. B. 4181 and H. B. 4182) were each referred to the Committee on the Judiciary.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 4164, Insurance Commission, licensing and conduct of insurance producers and agencies,
     H. B. 4199, Health and Human Resources, credentialing verification organization,
     And,
     H. B. 4210, Insurance Commission, insurance holding company systems,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 4164, H. B. 4199 and H. B. 4210) were each referred to the Committee on the Judiciary.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 4166, Insurance commission, mini COBRA,
     And,
     H. B. 4167, Insurance commission, workers' compensation insurance for state agencies,
     And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 4166 and H. B. 4167) were each referred to the Committee on the Judiciary.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 4060, Relating to imposition of sexual intercourse or sexual intrusion on incarcerated persons,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4060 - "A Bill amend and reenact §61-8B-2 and §61-8B-10 of the Code of West Virginia, 1931, as amended, all relating to prohibiting state and local jail, correctional, probation and parole employees or contractors from engaging in sexual acts with persons who are incarcerated, on probation or parole; prohibiting sexual contact; removing consent of victim as a defense for criminal acts; and establishing criminal penalties,"
     With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for H. B. 4060) to the Committee on Finance was abrogated.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 4205, Bureau for public health, aids, related medical testing and confidentiality,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 4205) was referred to the Committee on the Judiciary.
     Chairman Staggers, from the Committee on Roads and Transportation, submitted the following report, which was received:
     Your Committee on Roads and Transportation has had under consideration:
     H. B. 4068, Providing that antique motor vehicles be valued at their salvage value for personal property tax purposes,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Finance .
     In accordance with the former direction of the Speaker, the bill (H. B. 4068) was referred to the Committee on Finance.
     Chairman Staggers, from the Committee on Roads and Transportation, submitted the following report, which was received:
     Your Committee on Roads and Transportation has had under consideration:
     H. B. 4206, Highways, construction and reconstruction of state roads,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 4206) was referred to the Committee on the Judiciary.
     Chairman Staggers, from the Committee on Roads and Transportation, submitted the following report, which was received:
     Your Committee on Roads and Transportation has had under consideration:
     H. B. 4091, Establishing the offense of operating a motor vehicle while sending or reading a text message,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 4091) was referred to the Committee on the Judiciary.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 4017, Relating to arts, entertainment and enterprise districts,
     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. 4017) was referred to the Committee on Finance.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 4113, Relating to the Municipal Home Rule Pilot Program,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 4113) was referred to the Committee on the Judiciary.
     Chairman Talbott, from the Committee on Natural Resources submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration:
     H. B. 4157, Forestry Division, sediment control timber harvesting operations, licensing,
     H. B. 4158, Forestry Division, sediment control timber harvesting operations, logger certification,
     And,
     H. B. 4221
, Natural resources, general trapping,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 4157, H. B. 4158 and H. B. 4221) were each referred to the Committee on the Judiciary.
     Chairman Talbott, from the Committee on Natural Resources submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration:
     H. B. 4171, Natural resources, hunting, trapping and fishing provisions,
     H. B. 4217, Natural resources, special boating,
     H. B. 4218, Natural resources, special motorboating,
     And,
     H. B. 4220
, Natural resources, prohibitions when hunting and trapping,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 4171, H. B. 4217, H. B. 4218 and H. B. 4220) were each referred to the Committee on the Judiciary.
     Chairman Poore, from the Committee on Enrolled Bills, submitted the following report, which was received:
     Your Committee on Enrolled Bills has examined, found truly enrolled and, on the 25th day of January, 2012, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (Com. Sub. for H. B. 4086), Designating certain property as a qualified capital addition to a manufacturing facility.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     Com. Sub. for S. B. 7 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-24, relating generally to allowing State Police, police, sheriffs and fire and emergency service personnel to possess Naloxone or other approved opioid antagonist to administer in opioid drug overdoses; defining terms; providing for training; establishing training requirements for first responders who may administer opioid antagonists; establishing criteria under which a first responder may administer an opioid antagonist; granting immunity to health care providers who prescribe, dispense or distribute Naloxone or other approved opioid antagonist related to a training program; granting immunity to initial responders who administer or fail to administer an opioid antagonist; providing for data gathering and reporting; and authorizing emergency rulemaking."; which was referred to the Committee on Health and Human Resources then the Judiciary.
Resolutions Introduced

     Delegate Hunt offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 40 - "Requesting the CSX overpass bridge on Kanawha Terrace, Kanawha County, West Virginia, specifically bridge number 20-60/14-2.47, be named the 'Norbert E. Eagloski Memorial Bridge'."
     Whereas, Norbert Edward "Norb" Eagloski of St. Albans, passed away Friday, April 30, 2010, at CAMC Memorial Division. He was born February 23, 1923, in Iron River, Michigan, the first born son of the late Vincent and Anna Eagloski, both of whom immigrated from Poland. Norb had four siblings: Delphine Eagloski Belkawitz, Vincent Eagloski, David Eagloski, and Ruth Eagloski Ostrowski. Norb grew up on a farm in Iron River, attended a one-room school and then went on to high school where he played ice hockey and football. He worked in the iron ore mines in the Upper Peninsula of Michigan and for General Motors in Chicago, Illinois, before enlisting in the military. During World War II he was assigned to the United States Army Air Corps where he obtained the rank of Technical Sergeant. He was stationed at Delphian Green Airfield, England with the 8th Air Force, 452nd Bomb Group, 730th Bombing Squadron and was the flight engineer on the B-17 named "Rose-Etta", after the pilot's young daughter. Norb flew thirty bombing missions over Germany including the infamous attacks against the Schweinfurt ball bearing plants and the German submarine pens. He was awarded many commendations for his heroism, including the Army Air Corps "Distinguished Flying Cross"; and
     Whereas, Norb Eagloski remained committed and dedicated to his fellow veterans throughout his life, making many donations and trips to the Veterans Hospital in Barboursville, West Virginia. Upon his discharge, Norb returned to Michigan where he graduated from Michigan State University with the aid of the GI Bill. There he met the love of his life, Peggy. They were married in La Plata, Maryland on July 3, 1947. Norb earned a degree in agricultural engineering and animal husbandry and Peggy received her degree in dietetics. Upon graduation, Norb's first job was with Michigan State University's Extension Agricultural Program where he traveled throughout Michigan teaching agricultural and animal husbandry classes. In the early 1950s, he brought his family to South Charleston where his wife had grown up. In the later fifties, he built a home on the banks of the Coal River in St. Albans where he lived until his passing. Norb and Peggy had five children all of whom still live in the Kanawha Valley/Teays Valley area. They are: Sharon L. Eagloski Kinder, whose husband is Raymond L. Kinder; Karen J. Eagloski; the Honorable Patti Ann Eagloski Schoen whose husband is Charles F. Schoen; Cathryn S. Eagloski whose husband is Joseph J. McQuaide; and the Honorable N. Edward Eagloski II. A prominent citizen of St. Albans, Norb was president of Intercity Realty Company and a general contractor by trade. He was a founding member and Life Director of the West Virginia Home Builders of Greater Charleston, a Life Director of the West Virginia Home Builders Association, a member of the National Home Builders Association and the West Virginia Landlords and Tenants Association. He enjoyed teaching others his skills and was attributed with giving many successful contractors their start in the business. He was a member of Saint Francis of Assisi Catholic Church and served on various church committees, contributing his time and talents. He also was a member of the Knights of Columbus; and
     Whereas, His personal humility and honesty are the characteristics that made him large in stature. His handshake was his word and he believed one should always leave things better than the way one found them. Norb was preceded in death by his loving wife of almost sixty years, Margaret Louise "Peggy" (Lillie) Eagloski and his brother, David Eagloski. He was extremely proud of his seven grandchildren, always encouraging and challenging them to do their best, telling them "the sky's the limit". His grandchildren are: Carl Kinder M.D.; Cindy Kinder Keith and her husband, Rob Keith, M.D.; Lisa Kinder Pattison, PhD. and her husband, Morgan Pattison, PhD.; Rebecca Schoen Balenovich, Esq. and her husband, John Balenovich, Esq.; David V. Schoen; and Capt Christina M. McQuaide, USAF. One of Norb's greatest joys was to interact and be with his ten great-grandchildren: Audrey Keith, Kaytlyn Keith, Robert Keith, Raymond Keith, Brendan Keith, Carter Morgan, Ella Rose Morgan, Tyler Francis Degnan-Schoen and Carson-David Maxwell Schoen; and
     Whereas, Norbert Edward "Norb" Eagloski was a man dedicated to serving his country, community and family and will be missed by all who knew him and is deserving of this tribute; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the CSX overpass bridge on Kanawha Terrace, Kanawha County, West Virginia, specifically bridge number 20-60/14-2.47, be named the "Norbert E. Eagloski Memorial Bridge"; 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 bridge, containing bold and prominent letters proclaiming the bridge to be named the "Norbert E. Eagloski Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and the surviving family of Norbert E. Eagloski.
     Delegate Perdue, Mr. Speaker, Mr. Thompon, and Delegate Marcum offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 41 - "Requesting the Division of Highways to name the bridge located at the intersection of County Highway 41 and Turkey Creek Road in Wilsondale, Wayne County, West Virginia, specifically bridge number 50-41/1-0.01, the 'Sgt. Dewey Marcum Memorial Bridge'."
     Whereas, Dewey Marcum was born on March 28, 1928 in Wayne County, West Virginia, to a coal miner and a housewife; and
     Whereas, He married young to Oretha Marie Collins-Marcum and started a family that now includes seventeen children, thirty-four grandchildren, twelve great grandchildren and one great- great grandchild; and
     Whereas, He enlisted in the United States Army and served with valor in the Korean War; and
     Whereas, He was wounded when a mortar struck his tank and ejected him from his vehicle; and
     Whereas, During his time in the Army, he quickly climbed to the ranks of Sergeant and after having received an Honorable Discharge, he returned home and began the task of rebuilding his life; and
     Whereas, He held several odd jobs and having seventeen children, they were sometimes two or three simultaneously; and
     Whereas, He worked as a truck driver for a local businessman, in the coal mines where he contracted black lung and owned his own saw mill for many years; and
     Whereas, In 1968, he contracted pneumonia and had to undergo a left lung removal, but he continued to work hard to provide for his family, until in 1986 he suffered a debilitating stroke which rendered him to bed, confined under the care of his wife, aunts and uncles; and
     Whereas, In February of 1990 he lost two daughters in a car wreck involving a coal truck and was never the same after this loss; and
     Whereas, Early on the morning of April 8, 1992, he passed away at the Huntington Veteran's Hospital, from complications associated with pneumonia at the age of 62; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the bridge located at the intersection of County Highway 41 and Turkey Creek Road in Wilsondale, Wayne County, West Virginia, specifically bridge number 50-41/1-0.01, the "Sgt. Dewey Marcum Memorial Bridge"; 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 entry of said bridge, containing bold and prominent letters proclaiming the bridge to be the "Sgt. Dewey Marcum 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 Transportation, the Commissioner of the Division of Highways, Matthew Derek Stroud and the surviving family members of Dewey Marcum.        
     Delegates Perdue and Mr. Speaker, Mr. Thompson offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 42 - "Requesting that bridge number 50-17-0.05 on County Route 17 near Wayne in Wayne County, West Virginia, be named the 'Staff Sergeant Sidney H. Blankenship Memorial Bridge'."
     Whereas, Sidney H. Blankenship was born on June 4, 1939, in East Lynn and passed away on December 22, 2010; and
     Whereas, Sidney H. Blankenship enlisted in the United States Marine Corps and attained the rank of staff sergeant before receiving an honorable disability discharge; and
     Whereas, Sidney H. Blankenship was awarded the Silver Star, the Bronze Star, three Purple Hearts, the National Defense Service Medal, the Vietnam Service Medal with one Star and the Vietnam Campaign Medal; and
     Whereas, Sidney H. Blankenship was awarded the Silver Star for his bravery with the 2nd Infantry Division on February 26, 1968, in Vietnam, where despite receiving two gunshot wounds and a hand grenade blast that wounded his hip and leg, he organized and encouraged an effective defense to a four hour attack and successfully called in a medical evacuation for himself and his wounded comrades; and
     Whereas, Sidney H. Blankenship was a member of the VFW Post 1064, the American Legion Post 177 and a Life Member of the Disabled American Veterans; and
     Whereas, Sidney H. Blankenship served his country and his state with outstanding honor and memorable distinction; therefore, be it
Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 50-17-0.05 on County Route 17 near Wayne in Wayne County, West Virginia the "Staff Sergeant Sidney H. Blankenship Memorial Bridge"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "Staff Sergeant Sidney H. Blankenship 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, the Ceredo-Kenova American Legion, Post 93, his loving wife of forty-nine years, Rebbie Craft Blankenship; his daughter, Marsha Ann Poff and her husband, Glen Poff; his four sisters, Lillian Lowe, Irene Artrip and her husband, Paul Artrip, Gladys Sue Dierdorff and her husband, Don Dierdorff, Sylvia Luther and her husband, Jim Luther; his three brothers, Hiram Blankenship, Jr. and his wife, Mary Blankenship, Ellis Blankenship and Willis Blankenship; a special granddaughter who was his pride and joy, Cassandra "Cassie" Poff; and a very special friend and caregiver, Cindy Petticrew.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Moye, Hatfield, Brown, Poore, Reynolds, Hunt, Miley, Manchin and Fleischauer:
     
H. B. 4301 - "A Bill to amend and reenact §16-29-1 and §16-29-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-29-3, all relating to reimbursement for copies of medical records; requiring that one copy of medical records be provided to a patient or representative, upon written request, free of charge; and limiting the fee for subsequent requests to ten dollars if an electronic format is used"; to the Committee on the Judiciary.
By Delegates Skaff, Brown, Manchin and Lawrence:
     
H. B. 4302 - "A Bill to amend and reenact §3-6-5 of the Code of West Virginia, 1931, as amended, relating to elections and write-in candidates"; to the Committee on the Judiciary.
By Delegate White:
     
H. B. 4303 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-22a, relating to electronic cash register automated sales suppression devices; providing definitions; stating it shall be unlawful to willfully and knowingly sell, purchase, install, transfer, or possess in this state any automated sales suppression device; providing for penalties and civil remedies; establishing that such devices and software are contraband; and providing for the seizure and destruction of such devices"; to the Committee on the Judiciary then Finance.
By Delegates Manchin, Lawrence, Cann, Doyle, Longstreth, Morgan and Varner:
     
H. B. 4304 - "A Bill to amend and reenact §5-16-4 of the Code of West Virginia, 1931, as amended, relating to the Public Employee Insurance Agency Finance Board, and changing the composition of the board"; to the Committee on Political Subdivisions then Government Organization.
By Delegates Manchin, Hatfield, Lawrence and Skaff:
     
H. B. 4305 - "A Bill to amend and reenact §3-10-7 and §3-10-8 of the Code of West Virginia, 1931, as amended, all relating to vacancies in offices of county commissioner, clerk of the county commission, clerk of the circuit court, prosecuting attorney, sheriff, assessor and surveyor"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Staggers, Frazier, Ellington, Fleischauer and Martin:
     
H. B. 4306 - "A Bill to amend and reenact §5-16-23 of the Code of West Virginia, 1931, as amended, relating to public employees insurance generally; and providing that members of the Legislature whose income is limited to their legislative compensation may be covered at the same rate as government employees"; to the Committee on Banking and Insurance then Finance.
By Delegates Miley, Frazier, Longstreth, Barill and Jones
     [By Request of the Supreme Court of Appeals]:
     H. B. 4307 - "A Bill to amend and reenact §48-27-502 and §48-27-1101 of the Code of West Virginia, 1931, as amended, all relating to domestic violence generally; clarifying that the practice and procedure for domestic violence civil proceedings are governed by court rule; and clarifying that a prohibition against possessing firearms and ammunition is a mandatory provision for domestic violence protective orders"; to the Committee on the Judiciary.
By Delegates Miley, Frazier, Longstreth, Barill, Jones and Manchin
     [By Request of the Supreme Court of Appeals]:
     
H. B. 4308 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exempting supreme court justices and retired justices from the prohibitions against carrying concealed weapons"; to the Committee on the Judiciary.
By Delegates Miley, M. Poling, Frazier, Longstreth, Barill, Jones, Stowers, Manchin and Boggs
     [By Request of the Supreme Court of Appeals]:
     H. B. 4309 - A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended, relating to child abuse and neglect; clarifying that a child who is physically healthy and presumed safe is a neglected child if the child is habitually absent from school without good cause"; to the Committee on Education then the Judiciary.
By Delegates Smith, Hunt, Lawrence and Miley:
     
H. B. 4310 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-12-11; and to amend and reenact §62-12-26 of said code, all relating to prohibiting sex offenders from living or working within one thousand feet of the outer perimeter of a school, child care facility, playground or a victim's home; prohibiting sex offenders on supervised release for a minimum term of ten years from living or working within one thousand feet of the outer perimeter of a school, child care facility, playground or a victim's home; defining terms; and providing penalties"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Marshall, Barill, D. Campbell, M. Poling, Pasdon, White, T. Campbell, C. Miller, Reynolds and Paxton:
     
H. B. 4311 - "A Bill to amend and reenact 18B-18A-3 of the Code of West Virginia, 1931, as amended, relating to adding $20 million to the West Virginia Trust Fund's Bucks for Brains initiative; and providing that those moneys may only go to West Virginia University and Marshall University to the extent they raise the same amount in matching funds"; to the Committee on Education then Finance.
By Delegates Manchin, Lawrence, Cann, Doyle, Longstreth, Morgan, Stephens and Varner:
     
H. B. 4312 - "A Bill to amend and reenact §8-11-3, of the Code of West Virginia, 1931 as amended, relating to municipalities; enactment of ordinances; and removing the requirement that a municipality must pass an ordinance to adopt a contract with another jurisdiction. " to the Committee on Political Subdivisions then the Judiciary.
By Delegates Manchin, Lawrence, Cann, Doyle, Longstreth, Morgan, Stephens and Varner:
     
H. B. 4313 - "A Bill to amend and reenact §8-12-13, of the Code of West Virginia, 1931, as amended, relating to authority of a municipality to adopt a building code; and requiring that the building code be the state building code"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Caputo, Longstreth, Manchin, Fragale, Barill, Marcum, Ellem, Boggs, Miley, Storch and Hunt:
     
H. B. 4314 - "A Bill to amend and reenact §50-1-6 of the Code of West Virginia, 1931, as amended, relating to the appointment of magistrates; requiring that when a vacancy occurs in the office of magistrate a person of the same political party as the former officeholder shall be appointed"; to the Committee on the Judiciary.
By Delegates Cann, Manchin, Doyle, Fragale, Iaquinta, Lawrence, Longstreth, Miley, Morgan and Varner:
     
H. B. 4315 - "A Bill to amend and reenact §8-2-6 and §8-2-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §8-3A-1 and §8-3A-2, all relating to Class IV towns or villages; permitting a new class IV town or village to select a form of government; and permitting a current Class IV town or village to change its form of government"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Manypenny, Longstreth and Perdue:
     
H. B. 4316 - "A Bill to amend and reenact §22-11-8 of the Code of West Virginia, 1931, as amended, relating to prohibiting underground injection of coal slurry in new permits or modifications and renewals of existing permits"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Swartzmiller, M. Poling, Hall, Skaff and Lawrence:
     
H. B. 4317 - "A Bill to amend and reenact §27-5-1, §27-5-2 and §27-5-4 of the Code of West Virginia, 1931, as amended, all relating to mentally ill persons; involuntary hospitalization; duties of sheriff; including the President of the West Virginia Sheriffs' Association in the development and proposal of a statewide system for evaluation and adjudication of mental hygiene petitions; and providing that the Department of Health and Human Resources shall reimburse the county commission for deposit into the sheriff's budget for expenses incurred in hearings conducted under the article"; to the Committee on the Judiciary then Finance.
By Delegates Miley, Caputo, Lawrence, Poore and Armstead:
     
H. B. 4318 - "A Bill to amend and reenact §61-3C-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8A-1 of said code, all relating to updating the definition of computer in the commission of certain crimes"; to the Committee on the Judiciary.
By Delegates Ferro, Barker and Caputo
     [By Request of the Division of Environmental Protection]:
     
H. B. 4319 - "A Bill to amend and reenact §22-5-19 of the Code of West Virginia, 1931, as amended, relating to the Department of Environmental Protection's requirements to inventory emissions of greenhouse gases; eliminating unneeded provisions; allowing reporting of greenhouse gases under the United States Environmental Protection Agency's Mandatory Reporting of Greenhouse Gases Rule to satisfy greenhouse gas reporting requirements in West Virginia"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Ferro, Barker and Caputo
     [By Request of the Division of Environmental Protection]:
     
H. B. 4320 - "A Bill to amend and reenact §22-18-17 of the Code of West Virginia, 1931, as amended, relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements, as an alternative to instituting a civil action in the circuit courts of the state"; to the Committee on the Judiciary.
By Delegates Miley, Frazier, Longstreth and Barill
     [By Request of the Supreme Court of Appeals]:
     
H. B. 4321 - "A Bill to amend and reenact §27-4-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §27-5-4 of said code; and to amend and reenact §61-7A-5 of said code, all relating generally to mental health; authorizing parent or guardian to commit a child without his or her consent when child is twelve or older; amending the procedures for petitioning to regain the right to possess firearms so that West Virginia is eligible for federal funding; and stylistic changes"; to the Committee on the Judiciary.
House Calendar

Second Reading

     The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
     Com. Sub. for H. B. 4238, Establishing procedures for address confidentiality program participants on the special absentee voting list,
     And,
     H. B. 4251, Relating generally to amendments to the uniform commercial code.
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. 4107, Relating to volunteer firefighter training,
     And,
     Com. Sub. for H. B. 4250
, Creating the Uniform Real Property Electronic Recording Act.
Remarks of Members

     Delegate Armstead addressed the House regarding the business climate of West Virginia, and of his proposals to improve the economy of West Virginia, and at the conclusion of his remarks, Delegate Andes asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
Miscellaneous Business

     Delegate Hartman announced that he was absent when the votes were taken on Roll Nos. 13 through 16, and that had he been present, he would have voted "Yea" thereon.
     At 11:44 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 27, 2012.


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