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House Journal


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


__________*__________




Monday, January 30, 2012

TWENTIETH DAY

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

                              

     The House of Delegates met at 1:00 p.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 Friday, January 27, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Resolutions Introduced

     Delegates Armstead, Lane and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 44 - "Requesting the Division of Highways to name the bridge on U.S. Route 119, one and a half miles north of Clendenin at the Thorofare Road Junction, number 20-59-0.01, in Clendenin, Kanawha County, West Virginia, the 'Smith Brothers Memorial Bridge'."
     Whereas, Five Smith brothers from Kanawha County, West Virginia, born to Ralph and Maggie Smith of Clendenin, served in the United States Army during WWII; and
     Whereas, The Smith brothers' service to their nation began in April 1941, when Wilton Russell Smith, born December 1, 1915, was inducted, serving with the 150th Infantry thirty-five months patrol at the Panama Canal, receiving an honorable discharge on October 4, 1945; and
     Whereas, Floyd Jacob Smith, born February 14, 1920, entered service in April, 1942, with the Second Infantry Division, serving in Ireland, England and France, receiving an honorable discharge on December 3, 1945; and
     Whereas, Fred Ervin Smith, born January 24, 1922, entered service in October, 1942, and headed for the South Pacific with the 5th Air Force, receiving an honorable discharge on December 31, 1945; and
     Whereas, Ralph Burton Smith, Jr., born January 3, 1911, entered the service in December, 1942, and was assigned to the 786 Tank Battalion serving in England, Belgium, Germany and France, receiving an honorable discharge October 30, 1945; and
     Whereas, David Grant Smith, born August 29, 1907, entered the service in 1944 and served as an MP guarding German prisoners in Alabama, receiving an honorable discharge February 5, 1945; and
     Whereas, All brothers received ribbons and medals commensurate with the theaters they served with brother Fred being awarded the Purple Heart, having been wounded in France; and
     Whereas, Two of the Smith brothers' families continued with service to their country during the Vietnam War: Wilton's son, Bill, and Ralph's son, Danny; and
     Whereas, The Smith Brothers, who are still living and range in ages from sixty-eight years to eighty-three years, all retired from Union Carbide with over one-hundred-fifty years total service between them; and
     Whereas, The Smith Brothers, unlike many young men who served during this period of our history, returned home safely, for which their families and communities are grateful; and
     Whereas, The Smith Brothers willingly, gallantly and proudly served their country during WWII and have given much to their community and state; and
     Whereas, The patriotic act of five brothers entering the Armed Forces of the United States in a time of world war, while not unique, is remarkable and their service to protecting the principles upon which this country was built and their service to their community and state should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the bridge on U.S. Route 119, one and a half miles north of Clendenin at the Thorofare Road Junction, bridge number 20-59-0.01, in Clendenin, Kanawha County, West Virginia, the "Smith Brothers Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed two signs, one on either end of the bridge, that identifies the bridge, in bold and prominent lettering, as the "Smith Brothers Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House forward a certified copy of this resolution to each Smith brother and to the Commissioner of the Division of Highways.
     Delegates Hartman and D. Campbell offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 45 - "Requesting the Division of Highways to name bridge number 42-33-23.03, on US 33 crossing the Cheat River which is about ten miles east of Elkins, West Virginia, the 'Sergeant Robert Dewey Thompson Memorial Bridge'."
     Whereas, Robert Dewey Thompson was born on October 10, 1944, to Dewey and Margie Thompson in Wymer, West Virginia; and
     Whereas, Sergeant Thompson entered the service on September 20, 1965, and trained at Fort Bevens, Massachusetts; and
     Whereas, Mr. Thompson achieved the rank of sergeant in the 196th Light Infantry Brigade; and
     Whereas, Sergeant Thompson tragically died while bravely serving his country on May 23, 1967, as a result of an exploding land mine in Vietnam; and
     Whereas, Sergeant Thompson was posthumously awarded the Purple Heart, Bronze Star and various awards from the South Vietnamese government; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Commissioner of the Division of Highways to name bridge number 42-33-23.03, located on US 33 crossing the Cheat River which is about ten miles east of Elkins, West Virginia, the "Sergeant Robert Dewey Thompson 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 "Sergeant Robert Dewey Thompson 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, and the surviving family of Robert Dewey Thompson.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Iaquinta, Longstreth, Ashley, Azinger, O'Neal, Givens, Ferro, Rowan, Craig and Paxton:
     
H. B. 4337 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to crimes against property; and creating misdemeanor offense of depriving rightful heir to possession of Civil War medals or medals and citations awarded from any other war in which the Armed Forces of the United States participated; when affidavit required; and criminal penalties"; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.
By Delegates Butcher, Stowers, Barill, Barker, R. Phillips, Hunt, Varner, Perdue, Moore, D. Poling and Cann:
     
H. B. 4338 - "A Bill to amend and reenact §17-24A-4 of the Code of West Virginia, 1931, as amended, relating to raising the maximum value amount of an abandoned motor vehicle $2,500 to $7,500 before someone hired by an enforcement agency may sell that vehicle; requiring an additional fee be paid to the Division of Motor Vehicles for titling an abandoned vehicle; and clarifying definitions"; to the Committee on Roads and Transportation then Finance.
By Delegates Boggs, Fragale, Guthrie, Manchin, Moore, Moye, Pethtel, Poore, Stephens, Duke and Sumner:
     
H. B. 4339 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22l; and to amend said code by adding thereto a new section, designated §18-7A-26w, all relating to providing an increase to all annuitants of the Public Employees Retirement and Teachers Retirement Systems"; to the Committee on Pensions and Retirement then Finance.
By Delegates Morgan, Perdue, Craig, Hatfield, Perry, Cann, Ferro, Stephens, M. Poling, Hall and Poore:
     
H. B. 4340 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Secondary School Activities Commission; and requiring the commission to propose legislative rules concerning concussions"; to the Committee on Education then the Judiciary.
By Delegates Shaver, Pethtel, Williams, Pino, Frazier, R. Phillips, Givens, Perry, Barill, Mahan and Stowers:
     
H. B. 4341 - "A Bill to amend and reenact §29-6-27 of the Code of West Virginia, 1931, as amended, relating to permitting a civil service employee to receive donated leave from another employee to care for a member of his or her household in a medical emergency"; to the Committee on Government Organization then Finance.
By Delegates Miley and Poore
     [By Request of the Secretary of State's Office]:
     
H. B. 4342 - "A Bill to amend and reenact §3-2-30 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §59-1-2b, all relating to the preparation and sale of voter registration lists; establishing the fees to be collected; requiring the fees to be deposited in the State Election Fund; and permitting a county clerk to collect an additional fee for list preparation"; to the Committee on the Judiciary then Finance.
By Delegates Miley, Frazier, Longstreth and Barill
     [By Request of the Supreme Court of Appeals]:
     
H. B. 4343 - "A Bill to amend and reenact §51-9-4, §51-9-6, §51-9-6a and §51-9-6b of the Code of West Virginia, 1931, as amended, all relating to the judicial retirement system; adjusting the contribution rate of judges; eliminating contribution requirement for judges who are fully vested and eligible for retirement; and increasing benefits for certain judges of record and their annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegates Manypenny, Fragale, Guthrie, Mahan and Talbott:
     
H. B. 4344 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-10-6, relating to the control of potentially dangerous wild animals, as specified, to protect the public against health and safety risks and to establish criminal penalties"; to the Committee on Natural Resources then the Judiciary.
By Delegates Boggs, D. Campbell, Fragale, Diserio, Marcum, Moore, Phillips, R. and White:
     
H. B. 4345 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-2-17, relating to prohibiting the unauthorized sale of railroad scrap metal"; to the Committee on the Judiciary.
By Delegates Boggs, D. Campbell, Fragale, Givens, Iaquinta, Jones, Longstreth, Diserio, Swartzmiller, Walker and White:
     
H. B. 4346 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting disabled veterans who have suffered a hundred percent total and permanent service-connected disability as certified by the Director of the Department of Veterans' Affairs of West Virginia from state income tax"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Manypenny, Doyle, Walker and Shaver:
     
H. B. 4347 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-3-8a, relating to requiring persons who are not members of the American Association of Professional Landmen to have two years or more of experience in contracting for oil and gas leases before being able to represent lessors in the exploration or development of natural gas in the Marcellus Shale geologic formation; requiring those persons to also successfully complete an ethics class; making findings; defining a term; and establishing penalties"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Manypenny:
     
H. B. 4348 - "A Bill to amend and reenact §22-6A-7 of the Code of West Virginia, 1931, as amended, relating to revocation of current and future horizontal well permits when a driller or well operators violates conditions or road bonds or other well pad and site operating requirements"; to the Committee on the Judiciary then Finance.
By Delegate Manypenny:
     
H. B. 4349 - "A Bill to amend and reenact §22-6A-15 of the Code of West Virginia, 1931, as amended, relating to a requirement that operators post a bond for performance and recompense of landowners for each well for the life of the well and until all performance requirements and obligations to landowners have been satisfied"; to the Committee on the Judiciary then Finance.
By Delegate Manypenny:
     
H. B. 4350 - "A Bill to amend and reenact §22-6A-10 and §22-6A-11 of the Code of West Virginia, 1931, as amended, all relating to providing landowners of property adjacent to proposed well sites copies of the application, the erosion and sediment control plan and the well plat by personal service, registered mail or other method requiring a receipt or signature confirmation; giving notice to the public and those required to receive written notice of a proposed permit of their option to request a hearing on a proposed permit; requiring the secretary to consider all comments submitted; and authorizing the secretary to call and hold a public hearing"; to the Committee on the Judiciary then Finance.

House Calendar

Third Reading

     Com. Sub. for H. B. 4107, Relating to volunteer firefighter training; 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. 19), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent and Not Voting: Border, T. Campbell and Mahan.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4107) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 20), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent and Not Voting: Border, T. Campbell and Mahan.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4107) takes effect from passage.
     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. 4250, Creating the Uniform Real Property Electronic Recording Act; 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. 21), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent and Not Voting: Border, T. Campbell and Mahan.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4250) 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. 4060, Relating to prohibiting sexual acts between correctional personnel and persons incarcerated, or on parole or probation; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading:
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. 4046, Repealing obsolete code provisions,
     Com. Sub. for H. B. 4062, Creating an in-home direct care workforce registry,
     H. B. 4103, Consolidating of government services and enforcement of laws pertaining to the motor carrier industry,
     Com. Sub. for H. B. 4125, Correcting date for schools to send notice to parents alerting them to the existence of the school's crisis response plan,
     And,
     H. B. 4291, Relating to county law libraries established by the Supreme Court of Appeals.

Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Border, T. Campbell and Mahan.
Remarks by Members

     Delegate Andes asked and obtained unanimous consent that the remarks of Delegate Cowles regarding the Renewable Portfolio Standards Sustainable Energy Act be printed in the Appendix to the Journal.
Miscellaneous Business

     Delegate Longstreth noted to the Clerk that had she been present on Friday when the votes were taken on the passage of Com. Sub. for H. B. 4238 and H. B. 4251 (Roll No. 17 and 18), she would have voted "Yea" thereon.
     At 1:29 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 31, 2012.

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