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)
hdj2012-2-01-22      


__________*__________


Wednesday, February 1, 2012

TWENTY-SECOND 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 Tuesday, January 31, 2011, 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

     Delegates Fleischauer, Marshall, Barill, Longstreth, Manypenny, Manchin, Pethtel, Caputo and Pasdon offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 48 - "Requesting the Division of Highways to name bridge number 31-119/39-0.12 crossing over Deckers Creek in Morgantown, Monongalia County, the 'John W. Pyles Bridge'."
     Whereas, John W. Pyles has devoted fifty-three years of his life in service to Monongalia County and the community of Morgantown; and
     Whereas, John W. Pyles, as an elected representative of the West Virginia House of Delegates, worked tirelessly to better the quality of life in Monongalia County and Morgantown; and
     Whereas, John W. Pyles served as the leader of the Democratic Party and Assessor of Monongalia County and then was elected as a member of the County Commission; and
     Whereas, John W. Pyles volunteered his time and talents serving in many capacities on Morgantown and Monongalia County Boards and Committees such as the United Way of Monongalia and Preston Counties, Monongalia County Development Authority, Metropolitan Foundation Board, Morgantown Convention and Visitors Bureau, Main Street Morgantown, Monongalia County Historical Landmarks Committee and the Greater Morgantown Community Trust; and
     Whereas, John W. Pyles was a founder of the Morgantown Celebration of America Committee to observe the birth of our great nation on July 4th, with special recognition of veterans and other community members who worked faithfully in service to America; and
     Whereas, John W. Pyles proposed and obtained funding for the Veterans Plaza at the Monongalia County Court House Square that recognizes veterans of all wars; and
     Whereas, John W. Pyles spearheaded the renaming of South University Avenue in Morgantown as Don Knotts Boulevard and is currently working to place a statue of Don Knotts on the Boulevard; and                                          
     Whereas, John W. Pyles, in 1998, worked with Governor Cecil Underwood to gain state funding to replace the South High Street Bridge when it fell into complete disrepair; and
     Whereas, It is fitting to honor John W. Pyles for his commitment, dedication and public service to Morgantown, Monongalia County and the State of West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 31-119/39-0.12 crossing over Deckers Creek in Morgantown, Monongalia County, the "John W. Pyles Bridge"; and, be it      Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "John W. Pyles 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 John W. Pyles.
     Delegate Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 49 - "Requesting the Division of Highways to name the bridge on the West Virginia Turnpike at mile marker 89.5 at the Marmet Interchange over Route 94, number 20-77-89.50, in Kanawha County, the 'LTC Spencer J. Campbell Memorial Bridge'."
     Whereas, Spencer J. Campbell was born on March 20, 1948, to Wilbur and Jessie Campbell of Campbell's Creek in Kanawha County, West Virginia; and was a resident of Fayetteville, North Carolina when he died on April 13, 2011 at the age of 63 years. He is survived by his wife, Kathy, daughter, Wendy Campbell Elswick and grandsons, Brayden and Saxon; and
     Whereas, Spencer J. Campbell held a Ph. D. degree in social work, specializing in post traumatic distress syndrome at the Ft. Bragg Special Operations Center. He was retired from the United States Army with the rank of Lieutenant Colonel. During his life time, he was a city patrolman on the Charleston Police Department, deputy sheriff for Kanawha County and served in the West Virginia National Guard. He had a 38 year military career beginning in 1966 as a private in the United States Marine Corp and ended with his retirement from the Army in 2005. He had combat tours that included Vietnam, Desert Storm, Afghanistan and Iraq. He was awarded numerous decorations, medals, badges, citations and campaign ribbons, including the Purple Heart, Bronze Star and Silver Star; and
     Whereas, Spencer J. Campbell was a sincere person with a healthy mind, high morals and great spirit. His studies, travels and many experiences made him knowledgeable on many subjects. He was a caring and giving person, a respected member of his community and his dedication and commitment to his family, community, state and country served as a great example to us all and should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the bridge on the West Virginia Turnpike at mile marker 89.5 at the Marmet Interchange over Route 94, number 20- 77-89.50, in Kanawha County, the "LTC Spencer J. Campbell 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 "LTC Spencer J. Campbell Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Spencer J. Campbell.
     Delegates Caputo, Boggs, Brown, D. Campbell, T. Campbell, Doyle, Ferro, Fleischauer, Fragale, Givens, Guthrie, Hall, Hartman, Hatfield, Jones, Manypenny, Miley, Paxton, Pethtel, R. Phillips, Poore, Reynolds, Shaver, Skaff, Smith, Swartzmiller, Walker, Wells, Azinger and Evans offered the following resolution, which was read by the Clerk as follows:
     H. R. 11 - "Designating February 1, 2012, as 'Community Action Day'."
     Whereas, Community action agencies in the Mountain State work to assist low-income West Virginians; and
     Whereas, Community action agencies strive to find the causes of poverty and then assist the impoverished in achieving self-sufficiency; and
     Whereas, Community action agencies have been serving low-income families throughout West Virginia's 55 counties for more than 40 years; and
     Whereas, Community action agencies conduct programs to meet the needs of low-income West Virginians; and
     Whereas, These programs consist of Head Start, weatherization, energy assistance, home rehabilitation, job training and placement, nutrition for the elderly and children, healthy living, education assistance, welfare reform, family mentoring and many others; and
     Whereas, Community action agencies, in partnerships with elected officials, the private sector and the citizens of West Virginia, continue to identify low-income conditions and pursue solutions; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby designates February 1, 2012, as "Community Action Day"; and, be it
     Further Resolved, That the House of Delegates invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the value and importance of community action programs in West Virginia; and, be it
     Further Resolved, The Clerk of the House of Delegates forward a certified copy of this resolution to the West Virginia Community Action Partnership.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 11) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     Delegates Poore, Barker, Brown, D. Campbell, Diserio, Doyle, Ferns, Ferro, Fragale, Guthrie, Hartman, Hatfield, Iaquinta, Lawrence, Manypenny, Marcum, Marshall, Martin, Moore, Morgan, D. Poling, M. Poling, Reynolds, Rodighiero, Skaff, Wells, Williams, Anderson, Armstead, Border, Canterbury, Carmichael, Ellem, Ellington, Gearheart, Lane, Nelson, Sigler and Storch offered the following resolution, which was read by the Clerk as follows:
     H. R. 12 - "Recognizing Professional Social Workers on February 1, 2012."
     Whereas, Social workers are positive change agents who dedicate their careers to helping people transform their lives, or improving environments that make such progress possible; and
     Whereas, Social workers are advocates for access, equality and fairness; and
     Whereas, Social workers improve the fabric of society by caring for those who have been left behind or for those who have lost their voice; and
     Whereas, Social workers help people explore new opportunities in the face of serious life changes and challenges; and
     Whereas, The Social Work profession was established more than 100 years ago to help Americans overcome poverty, illness, addiction, abuse, discrimination and other adversities to reach their full potential; and
     Whereas, The Social Work profession works to change systems and customs that limit the ability of vulnerable individuals and groups to lead fulfilling and productive lives; and
     Whereas, Schools of Social Work train socially conscious people to make a real difference in the world through service and leadership; and
     Whereas, Social Workers strengthen communities, expand options, and work to facilitate humane changes in policies and legislation that improve the lives of everyone; and
     Whereas, Every day Social Workers wake up believing they will give an individual, a family, or a community renewed hope in the future; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby recognizes and honors Professional Social Workers on February 1, 2012; and, be it
     Further Resolved, That the House of Delegates recognizes the professional social workers and their commitment and dedication to individuals, families, and communities everywhere through service delivery, research, education and advocacy; and, be it
     Further Resolved, That the House of Delegates calls upon all citizens to join with the National Association of Social Workers, West Virginia Chapter in celebration and support of social workers and the social work profession; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the National Association of Social Workers, West Virginia Chapter and all other appropriate organizations.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 12) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

     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. 4314, Relating to the appointment of magistrates,
     And,
     H. B. 4320, Relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements,
     And reports the same back with the recommendation that they each do pass.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 4063, Relating to civil service commissions in political subdivisions,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4063 - "A Bill to amend and reenact §7-14-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14B-3 of said code; to amend and reenact §8- 14-7 of said code; and to amend and reenact §8-15-12 of said code, all relating to certain county and municipal civil service commissions; continuing the commissions as previously established; composition of the commissions; eligible qualifications for commissioners; appointment procedure for commissioners; terms of commissioners; grounds and procedures for removal from the commission; and procedures for replacement of vacancies,"
     And,
     H. B. 4257, Providing late voter registration opportunities to individuals covered by the Uniformed and Overseas Citizens Act of 1986B,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4257 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-2-6a, relating to voter registration for members of the armed services, Merchant Marines, persons who resides temporarily outside of the United States, and their spouses or dependents,"
     With the recommendation that the committee substitutes each 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. 4289, Creating new code sections which separate the executive departments,
     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. 4289) 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. 4239, Increasing the membership of the West Virginia Board of Osteopathy,
     And reports back a committee substitute therefor, with the new title, as follows:
     Com. Sub. for H. B. 4239 - "A Bill to amend and reenact §30-14-3 of the Code of West Virginia, 1931, as amended, relating to West Virginia Board of Osteopathy; increasing board membership; increasing the term length; adding certain requirements to qualify to serve on the board,"
     With the recommendation that the committee substitute do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4170, Board of Medicine, formation and approval of professional limited liability companies,
     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. 4170) was referred to the Committee on the Judiciary.
     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. 4134, Accountancy, board rules,
     H. B. 4172, Occupational therapy board, fees for services rendered,
     H. B. 4173, Osteopathy board, licensing procedures,
     H. B. 4223, Nursing home administrators licensing board, nursing home administrators,
     And,
     H. B. 4231, Surveyors board, examination and licensing,
     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. 4134, H. B. 4172, H. B. 4173, H. B. 4223 and H. B. 4231) were each referred to the Committee on the Judiciary.
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 
     S. B. 202 - "A Bill to amend and reenact §19-1A-4 of the Code of West Virginia, 1931, as amended, relating to permitting the Director of the Division of Forestry to enter into stewardship contracts with the United States Forest Service"; which was referred to the Committee on Government Organization then the Judiciary.
     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
     S. B. 331
- "A Bill to amend and reenact §61-11A-2 and §61-11A-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-12-23 of said code, all relating to adding persons who reside with crime victims to those who are provided notice of matters in the prosecutorial process; and the right to be heard at sentencing and parole proceedings"; which was referred to the Committee on the Judiciary.
     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. 8 - "Requesting the Division of Highways to name bridge number 05-2spur-0.01 over the Ohio River at Wellsburg, West Virginia, currently known as the Market Street Bridge, the 'Bernie Kazienko Memorial Bridge'."
     Whereas, Bernard "Bernie" Lee Kazienko was born January 8, 1952 to the late Clara Evelyn Yonder and John Kazienko of Wellsburg, West Virginia; and
     Whereas, Bernie Kazienko was born in Wheeling but spent his entire life living in Wellsburg. Bernie was a star football player at Wellsburg High School and earned the honor of playing in the OVAC All-Star game for the State of West Virginia, and earned a scholarship to Shepherd University. His stay at Shepherd was short lived and he then returned home to Wellsburg to attend West Liberty State College and major in Criminal Justice; and
     Whereas, Bernie Kazienko proudly served the citizens of Brooke County as a Sheriff's Deputy for twenty-two years starting in 1974 after training at the West Virginia Police Academy near Charleston. He rose to the rank of Chief Deputy before being elected Sheriff in 1996. Bernie served for eight years before term limits forced him out of office. However, Bernie was elected as Brooke County Commissioner in 2004 for a six year term and was reelected in 2010 for an additional six years; and
     Whereas, Bernie Kazienko reintroduced an annual toy drive in the 1980's that was originally started by his late uncle Hillman Isinghood in the 1970's, in what has become known as "Bernie's Kids". Each year monetary donations, and new and gently used toys are collected for needy children in the area. One poignant story about Bernie's involvement in this program which speaks to his great generosity and kind heart happened two years ago on Christmas Eve when a father from Wellsburg placed a desperate call to Bernie for help. The man's wife had left him and their three children with no money for food, much less toys. Bernie and his brother Tom went shopping for toys and food that evening, and when they arrived at the man's home they found him and his children eating spaghetti with ketchup on top because it was all they had. Overcome with joy the young man cried to Tom that there was indeed a Santa Claus and his name was Bernie Kazienko; and
     Whereas, Bernie Kazienko became a stalwart in Charleston representing Brooke County and the entire Northern Panhandle in seeking grants from the State. He was elected to the board of county commissioners. In 2008 Bernie won Wellsburg's Citizen of the Year Award for outstanding service to the city. In 2011 the Brooke County Bar Association lobbied and succeeded in having the newly renovated courtroom at the Brooke County Courthouse renamed in Bernie's honor due to his efforts in securing funding for the project as well as his dedication to the county; and
     Whereas, Bernie Kazienko also secured the funding and the space for the new Brooke County Animal Shelter. Bernie and his family even used their own money to supply the ceramic tile for the facility. He also spearheaded the turning lane upgrade to West Virginia Route 2 in Wellsburg to encourage new business on the road; and
     Whereas, Bernie Kazienko was a member of the Upper Ohio Valley Convention and Visitors Bureau and was instrumental in bringing the filming of the JJ Abrams and Steven Spielberg movie "Super 8" to Weirton and other parts of Brooke County; and
     Whereas, Sadly, Bernie Kazienko passed away on December 5, 2011, just over one month shy of his sixtieth birthday after a four year battle with a rare and incurable form of cancer; and
     Whereas, Bernie Kazienko was a member of St. John the Evangelist Church in Wellsburg. He is survived by his son Kirk and wife Carrie of Wellsburg, daughter Shaney Clifton and her husband Tracy of Columbus, Ohio, Monica Sickles of Arlington, Virginia, Lindsay Dolfi and her husband Mike, also of Columbus, Ohio; two grandsons, Tyrus Clifton and Dominic Dolfi; brothers Charles of Hoschton, Georgia, Tom of Wellsburg and Mike of Germantown, Maryland; Sisters Eleanor "Bubs" Manack of Follansbee, West Virginia, Marion Kleiner of Follansbee and Marsha Kazienko of Wellsburg. He is also survived by his loving companion Tina Konkle of Wellsburg. In addition to his parents, he was preceded in death by his brother John Kazienko of Downers Grove, Illinois; and
     Whereas, In his relatively short life on this earth, Bernie Kazienko did so much to improve the quality of life for the people of his region, and he touched the hearts of so many in the process; and
     Whereas, It is only fitting and proper that Bernie Kazienko's many good deeds and important contributions to the City of Wellsburg, to Brooke County and to the greater northern panhandle be so honored and remembered; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 05-2spur-0.01 over the Ohio River at Wellsburg, West Virginia, currently known as the Market Street Bridge, the "Bernie Kazienko Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed, signs at both ends of the bridge identifying it as the "Bernie Kazienko 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 Commissioner of the Division of Highways and to the family of Bernie Kazienko.      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. 10 - "Requesting the Division of Highways to name the bridge on 12 Pole Creek Road, in Breeden, Mingo County, bridge number 30-3/5-19.82, as the 'Jacob & Ellen Vance Memorial Bridge'."
     Whereas, Jacob and Ellen Vance were residents of Breeden, Mingo County, West Virginia; and
     Whereas, Jacob and Ellen Vance owned property on either side of said bridge, where they raised eight children; and
     Whereas, Jacob Vance was a farmer who worked on the railroad as a tree cutter and Ellen Vance was a housewife; and
     Whereas, Jacob and Ellen Vance passed away leaving their property to their grandchildren: Barbara Vance Perry, Kenneth D. Vance, Wanda Vance Perry and Roland G. Maynard; and
     Whereas, It is fitting to honor Jacob and Ellen Vance by naming the bridge that spans the property of their decedents; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the bridge on 12 Pole Creek Road, in Breeden, Mingo County, bridge number 30-3/5-19.82, as the "Jacob & Ellen Vance 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 "Jacob & Ellen Vance Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to the Secretary of the Department of Transportation; and to Mr. and Mrs. Vance's surviving grandchildren: Barbara Vance Perry, Kenneth D. Vance, Wanda Vance Perry and Roland G. Maynard.
     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. 12 - "Requesting that the Division of Highways name 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 Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways; Major Arnold James Zirkle's 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.
     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. 13 - "Requesting the Division of Highways name Lincoln County Route 8 beginning at its intersection with the Route 119 bridge to the Alum Creek bridge at Route 214, known as Little Coal River Road, the 'Platoon Sergeant John C. Fitzwater Memorial Road'."
     Whereas, Platoon Sergeant John C. Fitzwater was born on May 2, 1936 in Charleston; and
     Whereas, Platoon Sergeant John C. Fitzwater served in the United States Marines from 1954 to 1958; and
     Whereas, Platoon Sergeant John C. Fitzwater entered the United States Army in January 1960 and attained the rank of sergeant first class; and
     Whereas, Platoon Sergeant John C. Fitzwater was killed in action at Tay Ninh Province, South Vietnam on January 10, 1969 when his unit came under heavy attack by a large enemy force and his company was sustaining many wounded. Without thinking of his own safety Platoon Sergeant John C. Fitzwater attempted to rescue and evacuate his wounded men and died instantly from enemy gunfire; and
     Whereas, Platoon Sergeant John C. Fitzwater was awarded the Bronze Star and the Purple Heart; and
     Whereas, Platoon Sergeant John C. Fitzwater served his country and state with honor and distinction, having given the ultimate sacrifice; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name Lincoln County Route 8 beginning at its intersection with the Route 119 bridge to the Alum Creek bridge at Route 214, known as Little Coal River Road, the "Platoon Sergeant John C. Fitzwater Memorial Road"; 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 road, containing bold and prominent letters proclaiming the road to be named the "Platoon Sergeant John C. Fitzwater Memorial Road"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and the surviving family of Platoon Sergeant John C. Fitzwater.
     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. 14 - "Requesting the Division of Highways to name bridge number 34-129-00.01, in Nicholas County and located on State Route 129, the 'Lee Tucker Memorial Bridge'."
     Whereas, Lee Tucker was born August 8, 1939, and later married Loretta Canterbury, producing three children from that union: Byron Tucker, Randy Tucker and Sandra Tucker; and
     Whereas, Lee Tucker was actively involved in the Democratic Party in Nicholas County for several years including having served on the County Executive Committee; and
     Whereas, Lee Tucker was a mining safety advocate for the United Mine Workers of America and worked tirelessly for making the workplace safer for miners at Cannelton and throughout the industry; and
     Whereas, Lee Tucker placed high priorities on the area's youth and served as a scoutmaster for the Boy Scouts in Keslers Cross Lanes; and
     Whereas, Lee Tucker was a committed and respected public servant and worked tirelessly on many issues for the benefit of the citizens of Keslers Cross Lanes by being instrumental in having public water extended to Keslers Cross Lanes and forming the Keslers Cross Lanes Volunteer Fire Department, where he served as its chief until his death; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 34-129-00.01, in Nicholas County and located on State Route 129, the "Lee Tucker Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Lee Tucker Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to the Secretary of the Department of Transportation and Lee Tucker's children: Byron Tucker, Randy Tucker and Sandra Tucker.

Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Morgan, Stephens, Hatfield and Householder:
     
H. B. 4365 - "A Bill to amend and reenact §30-1-10 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of excess funds which may be retained by licensing boards"; to the Committee on Government Organization then Finance.
By Delegates Morgan, Stephens, D. Poling, Hatfield and Butcher:
     
H. B. 4366 - "A Bill to repeal §21-3-2, §21-3-3, §21-3-3a, §21-3-4, §21-3-5, §21-3-6, §21-3-8, §21-3-9, §21-3-10, §21-3-11, §21-3-12, §21-3-13, §21-3-16 and §21-3-18 of the Code of West Virginia, 1931, as amended; and to amend, reenact and redesignate §21-3-7, §21-3-10a, §21-3-14, §21-3-15, §21-3-17, §21-3-19, §21-3-20 and §21-3-21, all relating to safety and welfare of employees; relating to the regulation of steam boilers by the Division of Labor; relating to meal breaks; relating to the power of the Commissioner of Labor as to witnesses; relating to the records and reports of the Commissioner of Labor; relating to employers not to require payment of fees for medical examination as condition of employment; providing that discrimination for use of tobacco products is prohibited; prohibiting the use of video and other electronic surveillance devices by employers; and continuing a special revenue fund for the Division of Labor"; to the Committee on Government Organization then the Judiciary.
By Delegates Morgan, Stephens and Hatfield:
     
H. B. 4367 - "A Bill to amend and reenact §6-9A-2 and §6-9A-3 of the Code of West Virginia, 1931, as amended, all relating to Open Governmental Proceedings; defining terms; clarifying existing notice requirements; requiring state executive branch agencies to electronically file public meeting notices with the Secretary of State for publication on Secretary of State's website; eliminating the requirement that state agency meeting notices be filed in the State Register; and providing rule-making authority"; to the Committee on Government Organization then the Judiciary.
By Delegates Walker, D. Poling, Diserio, Butcher, Hamilton, Barill and Barker:
     
H. B. 4368 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-2A-1 and §61-2A-2, all relating to creating the criminal offense of trafficking of illegal aliens; providing definitions; and establishing a criminal penalty"; to the Committee on the Judiciary then Finance.
By Delegates Duke, Overington, Householder, Cowles, J. Miller, Kump, Rowan, Longstreth, Miley, M. Poling and T. Campbell:
     
H. B. 4369 - "A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to the senior citizens' tax credit; and increasing eligibility for the low-income qualification"; to the Committee on Senior Citizen Issues then Finance.
By Delegates Duke, Overington, Doyle, Householder, Cowles, J. Miller, Kump, Rowan, T. Campbell, Stowers and Perry:
     
H. B. 4370 - "A Bill to amend and reenact §18-9A-11 of the Code of West Virginia, 1931, as amended, relating to reforming the school aid formula by reducing, in fiscal year 2012-2013, each county's local share to eighty-five percent plus reductions for usual losses in collections and for money due each assessor's office; and, in fiscal year 2013-2014, and thereafter, reducing each county's local share to eighty percent plus reductions for usual losses in collections and for money due each assessor's office"; to the Committee on Education then Finance.
By Delegates Walker, Butcher, Barill and Barker:
     
H. B. 4371 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6A-3b, relating to selling classic and antique motor vehicles in 'as is' condition"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Hartman, D. Campbell, Skaff, Perry and R. Phillips:
     
H. B. 4372 - "A Bill to amend and reenact §16-13A-4 of the Code of West Virginia, 1931, as amended, relating to public service district board members; increasing the salary of public service district board members; clarifying when salary and expense payments may be made; and adding sewer service to the salary schedule for public service districts which contract with others to provide service"; to the Committee on Political Subdivisions then Finance.
By Delegates Caputo, Guthrie, Barill, Fleischauer, Manypenny, Boggs, Hamilton, Walker, Pethtel, Marshall and D. Poling:
     
H. B. 4373 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-16-1, §21-16-2, §21-16-3, §21-16-4, §21-16-5, §21-16-6 and §21-16-7, all relating to discouraging employers from closing call centers and other customer service operations in West Virginia and relocating overseas; notice requirement; and civil penalties"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Hartman, Williams, C. Miller, Canterbury, Rowan, Walker and Azinger:
     
H. B. 4374 - "A Bill to amend and reenact §19-25-2 of the Code of West Virginia, 1931, as amended, relating to limiting a landowner from civil liability for injuries that may occur to a person or property on the landowner's property or surrounding property caused while hunting"; to the Committee on Natural Resources then the Judiciary.
By Delegates Hartman, Williams, Ashley, C. Miller, Anderson, Border, Overington, Hamilton, Romine, Rowan and Canterbury:
     
H. B. 4375 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to the liability of a possessor of real property for harm to a trespasser"; to the Committee on the Judiciary.
By Delegates Brown, Craig, D. Poling, R. Phillips, Hunt, Swartzmiller, Michael, Skaff, Walters and Nelson:
     
H. B. 4376 - "A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to licensing wine sales at certain professional baseball stadiums; providing license fees; providing a definition of professional baseball stadium; providing standards for licensing and authority for the commissioner to regulate such sales; and granting rule-making authority"; to the Committee on the Judiciary then Finance.
By Delegates D. Poling, Longstreth, Butcher, Guthrie, Martin, Brown and Hatfield:
     
H. B. 4377 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to creating 'Nitro's Law' to honor fallen law- enforcement canines and other canines in the service of state or local governmental agencies"; to the Committee on Agriculture then the Judiciary.
By Delegate Moye:
     
H. B. 4378 - "A Bill to amend and reenact §30-27-10 of the Code of West Virginia, 1931, as amended, relating to the Board of Barbers and Cosmetologists; and exempting barbers licensed in West Virginia for thirty years or more from continuing education requirements"; to the Committee on Government Organization.
By Delegates Manchin, Poore and Hunt:
     
H. B. 4379 - "A Bill to amend and reenact §29-12C-1 and §29-12C-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-12D-1 and §29-12D-3 of said code, all relating to payments from the West Virginia Patient Injury Compensation Fund; removing the limitation that damages must be economic; and limiting the amount in any one occurrence to $1 million"; to the Committee on Banking and Insurance then Finance.
By Delegates Manchin, Poore, Ellem, Hunt and Reynolds:
     
H. B. 4380 - "A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as amended, relating to the motor vehicle insurance policy; and to remove the fictional defendant from civil litigation involving first-party claims for uninsured and underinsured motorist benefits and identify the real party in interest"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Pino, Barill, Boggs, Brown, Butcher, Guthrie, Moore, Moye, Sumner, Wells and Williams:
     
H. B. 4381 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the reduction of state income taxes for certain state and federal retirees by increasing the exemption on retirement income in calculating the federal gross income for state personal income tax purposes"; to the Committee on Pensions and Retirement then Finance.
By Delegates Lawrence, Kump, Skaff, Householder, Howell and Rowan:
     
H. B. 4382 - "A Bill to amend and reenact §36B-1-203 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §36B-3-120, all relating to homeowners' association fees"; to the Committee on the Judiciary.
By Delegates Diserio, Givens and Swartzmiller:
     
H. B. 4383 - "A Bill to amend and reenact §22-11-7b of the Code of West Virginia, 1931, as amended, relating to allowing an affected water intake owner to waive the one-half mile zone requirement contained in water quality standards established by the Department of Environmental Protection"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Azinger:
     
H. B. 4384 - "A Bill to amend and reenact §54-1-2a of the Code of West Virginia, 1931, as amended, relating to a commercial property owner's election to have his or her property appraised by an appraiser who has been certified by the Member of the Appraisal Institute (MAI) after an offer has been made to purchase property but before condemnation proceedings are initiated"; to the Committee on the Judiciary.
By Delegate Hunt:
     
H. B. 4385 - "A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to the regulation and control of elections; and requiring that advertising must identify candidates' party affiliation"; to the Committee on the Judiciary.
By Delegates Manypenny, Staggers and Fleischauer:
     
H. B. 4386 - "A Bill to amend and reenact §22-6A-18 of the Code of West Virginia, 1931, as amended, relating to requiring the secretary to order the operator of a gas and oil operation whose operations have resulted in contamination, diminution or interruption of a water supply for domestic or agricultural purposes to provide an emergency, temporary and permanent water supply and pay costs; requiring operators to pretest water wells and domestic springs within three thousand five hundred feet of the center of the well pad prior to drilling; continuing the obligation of operator to provide water supply pending final resolution of litigation; and, modifying the defenses to the rebuttable presumption that the drilling or oil and gas well, or both, is the proximate cause of any contamination, diminution or interruption of water wells or springs"; to the Committee on the Judiciary then Finance.
By Delegates Nelson, C. Miller, Sobonya, Lane, Duke, Gearheart, Anderson, Storch, Pasdon, Carmichael and Armstead:
     
H. B. 4387 - "A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17B-2-1 of said code, all relating to voting procedures; presentation of documentation identifying the voter to one of the poll clerks; providing for the casting of a provisional ballot by a person without adequate proof of identification; providing for the issuance of identification cards; and, requiring the state to provide the same free of charge to any qualified voter"; to the Committee on the Judiciary then Finance.
By Delegates Morgan, Stephens and Hatfield:
     
H. B. 4388 - "A Bill to repeal §30-32-23 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-32-1, §30-32-2, §30-32-3, §30-32-4, §30-32-5, §30-32-6, §30-32-7, §30-32-8, §30-32-9, §30-32-10, §30-32-11, §30-32-12, §30-32-13, §30-32-14, §30-32-15, §30-32-16, §30-32-17, §30-32-18, §30-32-19, §30-32-20 and §30-32-21 of said code, all relating to the practice of speech-language pathology and audiology; prohibiting practice without a license; providing exemptions; specifying applicability of other law; providing definitions; continuing the Board of Examiners for Speech-Language Pathology and Audiology; specifying qualifications of board members; providing terms and conditions of board members' service; providing for election of board officers; providing for compensation and expense reimbursement of board members; setting forth powers and duties of the board; providing rule-making authority; continuing the Board of Examiners for Speech-Language Pathology and Audiology Fund; providing qualifications for practicing speech-language pathology or audiology; providing for provisional licenses to practice while attaining required postgraduate professional experience; providing for waiver of requirements for persons who hold a license from another state with substantially equivalent standards; providing for practice pending disposition of application; requiring a license to practice in public schools; providing requirements for attaining a license to practice in public schools; providing scopes of practice for speech-language pathology and audiology; requiring speech-language pathology assistants and audiology assistants to register with the board; providing registration and supervision requirements for speech-language pathology assistants and audiology assistants; requiring a license to telepractice; providing conditions and requirements for telepractice; providing for renewal of licenses and registrations; providing for renewal of lapsed licenses and registrations; providing for the suspension, revocation and refusal to renew licenses and registrations; providing for the reinstatement of revoked licenses and registrations; authorizing actions to enjoin violations; providing for the investigation of complaints; setting forth complaint procedures and hearing procedures; establishing grounds for disciplinary actions; providing for rights of appeal and judicial review; providing that a single act is sufficient to justify disciplinary action; providing for criminal proceedings; and providing for criminal penalties"; to the Committee on Government Organization then the Judiciary.
By Delegates Miley, Frazier, Manchin, Longstreth, Barill and Jones
     [By Request of the Supreme Court of Appeals]:
     
H. B. 4389 - "A Bill to repeal §49-5-21 of the Code of West Virginia, 1931, as amended; to repeal §49-6-5a of said code; to amend and reenact §49-1-3 of said code; to amend and reenact §49- 5-13, of said code; to amend and reenact §49-5D-3 and §49-5D-3a of said code; to amend and reenact §49-6-2, §49-6-3, §49-6-5, §49-6-6, §49-6-8 and §49-6-12 of said code; to amend and reenact §49-6D-3 of said code; to amend and reenact §49-7-1 of said code; to amend said code by adding thereto two new sections, designated §49-5D-3b and §49-5D-3c; to amend said code by adding thereto a new section, designated §49-6-9a; and to amend said code by adding thereto a new section, designated §49-7-36, all relating to child welfare; defining 'court appointed special advocate program'; providing when a juvenile is ordered into out-of-state placement, the reasons why the juvenile was not placed in-state be included in the court order; providing a process for multidisciplinary treatment planning in cases involving child abuse and neglect; providing a process for multidisciplinary treatment planning in cases involving status offense or delinquency; increasing the continuing education hours required for attorneys appointed in child abuse and neglect cases; providing that reasonable efforts to preserve the family are not required when a person is required by state or federal law to register with a sex offender registry; providing that the court may modify a dispositional order when it finds a material change of circumstances has occurred and such modification is in the child's best interests; clarifying that the circuit court of origin has exclusive jurisdiction over placement of a child in a child abuse and neglect case; providing a process for permanency hearings and permanent placement reviews; authorizing family court to order a child be taken into emergency custody under certain circumstances and providing a process for such; providing that any combination of improvement periods cannot cause a child to be in foster care more than fifteen months of the most recent twenty-two months unless the court finds that it is in the child's best interests; providing guidelines for unified child and family case plans; confidentiality of records; and requiring a quarterly status review hearing and yearly permanency hearings for transitioning adults"; to the Committee on the Judiciary then Finance.
By Delegates Doyle, Rodighiero, Ferro, Frazier, Reynolds, Storch and Walters:
     
H. B. 4390 - "A Bill to repeal §39-4-1, §39-4-2, §39-4-3, §39-4-4, §39-4-5, §39-4-6 and §39-4-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §39-4-401, §39-4-402, §39-4-403, §39-4-404, §39-4-405, §39-4-406, §39-4-407, §39-4-408, §39-4-409, §39-4-410, §39-4-411, §39-4-412, §39-4-413, §39-4-414, §39-4-415, §39-4-416, §39-4-417, §39-4-418, §39-4-419, §39-4-420, §39-4-421, §39-4-422 and §39-4-423; to amend said code by adding thereto a new article, designated §39-5-501, §39-5-502, §39-5-503, §39-5-504, §39-5-505, §39-5-506, §39-5-507, §39-5-508, §39-5-509, §39-5-510, §39-5-511, §39-5-512, §39-5-513, §39-5-514, §39-5-515, §39-5-516 and §39-5-517; to amend said code by adding thereto a new article, designated §39-6-601 and §39-6-602; to amend said code by adding thereto a new article, designated §39-7-701, §39-7-702 and §39-7-703; and to amend and reenact §44A-3-3 of said code, all relating to creating the Uniform Power of Attorney Act; repealing the Uniform Durable Power of Attorney Act; providing a short title; providing definitions; setting forth the applicability of the act; providing that the power of attorney is durable; providing for execution, validity and meaning and effect of power of attorney; nominating conservator or guardian and relation of agent to court-appointed fiduciary; providing when power of attorney effective; terminating power of attorney or agent's authority

SECTION 110. TERMINATION OF POWER OF ATTORNEY OR AGENT'S AUTHORITY; providing for coagents and successor agents and their liability; reimbursing and compensating agent, exception; providing for agent's acceptance of appointment and agent's duties; exonerating agent in power of attorney, exceptions; providing certain persons judicial relief to construe a power of attorney or review an agent's conduct; providing for agent's liability in certain monetary amounts; providing for resignation of agent; accepting and relying upon acknowledged power of attorney and for what a request may be made before accepting the power of attorney; providing for liability for refusing to accept an acknowledged statutory form power of attorney; providing that laws applicable to financial institutions and entities supercede this act; granting specific and general authority under the power of attorney; providing for granting general authority of the agent under a power of attorney which incorporates by reference a subject matter involving real property, tangible personal property, stocks and bonds, commodities and options, financial institutions, operation of an entity or business, insurance and annuities, estates, trusts and other beneficial interests, claims and litigation, personal and family maintenance, benefits from governmental programs or civil or military service, retirement plans, taxes and gifts; providing a statutory form power of attorney form; providing miscellaneous provisions relating to uniformity of application and construction and relating to electronic signatures in the Global and National Commerce Act; providing application of act on existing powers of attorney; and removing provision in the West Virginia Guardianship and Conservatorship Act that a conservator may not revoke or amend a durable power of attorney without approval of the court"; to the Committee on the Judiciary.


     At the request of Delegate Longstreth, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of receiving petitions.
Petitions

     Delegate Longstreth presented a petition signed by residents of the State, in support of H. B. 3015, The Healthy and Safe Workplace Act; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business.
House Calendar

Unfinished Business

     
H. R. 9, Amending House Rule 94, relating to joint sponsors of bills; coming up in regular order, as unfinished business, was reported by the Clerk.
     The Speaker propounded, "Shall the resolution be rejected?"
     The question having been put, the same prevailed.
     The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
     H. C. R. 2, The "PVT Ervin L. Arnold Memorial Bridge",
     H. C. R. 3, The "Warrant Officer Dale Shaheen Memorial Bridge",
     H. C. R. 4, The "Gordon M. Sorrell Memorial Bridge",
     H. C. R. 5, The "Adkins Brothers Memorial Road",
     H. C. R. 11, The "Cpl. Druey L. Hatfield Memorial Bridge",
     H. C. R. 12, The "Cpl. Robert F. Lohr Memorial Bridge",
     H. C. R. 13, The "Reverend Glenn White Jr. Bridge",
     H. C. R. 14, The" LCPL Danny M. Greene Memorial Bridge",
     H. C. R. 17, The "Chester William Fields Sr. Memorial Bridge",
     H. C. R. 25, The "Samuel L. 'Monty' Shelton Memorial Bridge",
     H. C. R. 27, Including West Virginia Route 80 in Mingo County as a Blue Star Memorial Highway,
     H. C. R. 31, The "GMGC Bobby Lee Jarrell United States Navy Memorial Bridge",
     H. C. R. 41, The "'Sgt. Dewey Marcum Memorial Bridge",
     H. C. R. 42, The "Staff Sergeant Sidney H. Blankenship Memorial Bridge",
     S. C. R. 1, Requesting DOH name bridge in Mingo County "Brittany Nicole Dentro Memorial Bridge",
     Com. Sub. for S. C. R. 2, Requesting DOH name bridge in Monongalia County "Colonel Zackquill Morgan Memorial Bridge",
     And,
     S. C. R. 7, Requesting DOH name bridge in Clendenin, Kanawha County, "Smith Brothers Memorial Bridge".
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.
Third Reading

     Com. Sub. for H. B. 4046, Repealing obsolete code provisions; 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. 22), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Mahan and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4046) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 4060, Relating to prohibiting sexual acts between correctional personnel and persons incarcerated, or on parole or probation; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.
     Com. Sub. for H. B. 4062, Creating an in-home direct care workforce registry; 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. 23), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Cowles, Householder, Howell, Ireland, Kump, Lane, J. Miller and Savilla.
     Absent and Not Voting: Mahan and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4062) 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. 4103, Consolidating of government services and enforcement of laws pertaining to the motor carrier industry; 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. 24), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Mahan and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4103) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 4125, Correcting date for schools to send notice to parents alerting them to the existence of the school's crisis response plan; 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. 25), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Mahan and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4125) 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. 4291, Relating to county law libraries established by the Supreme Court of Appeals; 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. 26), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Border, Gearheart, Hall, Kump, Lane, C. Miller, Savilla, Sobonya and Sumner.
     Absent and Not Voting: Mahan and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4291) 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 S. B. 165, Creating criminal offense of sexual contact on incarcerated persons by correctional employees; on second reading, coming up in regular order, was read a second time.
     On motion of Delegate Miley, the bill was amended on page one, following the enacting clause, by striking out the remainder of the bill, and inserting in lieu thereof the following:
     "That §61-8B-2 and §61-8B-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-2. Lack of consent.
     (a) Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without the consent of the victim.
     (b) Lack of consent results from:
     (1) Forcible compulsion; or
     (2) Incapacity to consent; or
     (3) If the offense charged is sexual abuse, any circumstances in addition to the forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct.
     (c) A person is deemed incapable of consent when such person is:
     (1) Less than sixteen years old; or
     (2) Mentally defective; or
     (3) Mentally incapacitated; or
     (4) Physically helpless; or
_____(5) Subject to confinement or supervision by a state or local government entity, when the actor is a person prohibited from having sexual intercourse, or causing sexual intrusion or sexual contact pursuant to subsections (a) and (b) of section ten of this article.

§61-8B-10. Imposition of sexual acts on persons incarcerated or under supervision; penalties.

     (a) Any person employed by the Division of Corrections, any person working at a correctional facility managed by the Commissioner of Corrections pursuant to contract or as an employee of a state agency, any person working at a correctional facility managed by the Division of Juvenile Services pursuant to contract or as an employee of a state agency, any person employed by a jail or by the Regional Jail and Correctional Facility Authority, any person working at a facility managed by the Regional Jail and Correctional Facility Authority or a jail or any person employed by, or acting pursuant to, the authority of any sheriff, county commission or court to ensure compliance with the provisions of article eleven-b, chapter sixty-two of this code who engages in sexual intercourse, or sexual intrusion or sexual contact with a person who is incarcerated in this state is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility under the control of the Commissioner of Corrections for not less than one nor more than five years or fined not more than $5,000.
     (b) Any person employed by the Division of Corrections as a parole officer or by the West Virginia Supreme Court of Appeals as an adult or juvenile probation officer who engages in sexual intercourse, or sexual intrusion or sexual contact with a person said parole officer or probation officer is charged as part of his or her employment with supervising, is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility under the control of the Commissioner of Corrections for not less than one nor more than five years or fined not more than $5,000, or both.
     (c) The term 'incarcerated in this state' for purposes of this section includes in addition to its usual meaning, offenders serving a sentence under the provisions of article eleven-b, chapter sixty-two of this code.
     (d) Authorized pat-down, strip search or other security related tasks does not constitute sexual contact pursuant to this section."
     The bill was then ordered to third reading.
Leaves of Absence

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

     Delegate Howell asked and obtained unanimous consent that the remarks of Delegate Sobonya regarding certain state agencies exercising legislative authority be printed in the Appendix to the Journal.
     Delegate Doyle asked and obtained unanimous consent that the remarks of Delegate Skaff regarding H. R. 9, Amending House Rule 94, relating to joint sponsors of bills, be printed in the Appendix to the Journal.
     At 12:15 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 2, 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 ****