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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)
hdj2012-02-03-24




__________*__________




Friday, February 3, 2012

TWENTY-FOURTH DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Thursday, February 2, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     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. 4230, State police, modified vehicle inspection manual,
     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. 4230) was referred to the Committee on the Judiciary.
     Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     S. B. 224, Renaming Division of Banking as Division of Financial Institutions,
     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 (S. B. 224) was referred to the Committee on the Judiciary.
     Chairman Moore, 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. 4275, Relating to the provision of financially-related services by banks and bank holding companies,
     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. 4275) 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. 4269, Eliminating tolls on the West Virginia Turnpike before February 1, 2020, and providing that no new bonds may be issued,
     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. 4269) was referred to the Committee on Finance.
     Chairman Pethtel, from the Committee on Pensions and Retirement, submitted the following report, which was received:
     Your Committee on Pensions and Retirement has had under consideration:
     H. B. 4142, Consolidated Public Retirement Board, state police,
     And,
     H. B. 4186, Consolidated public retirement board, public employee retirement system,
     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. 4142 and H. B. 4186) were each 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. 4174,Pharmacy Board, rules regarding immunizations,
     H. B. 4175, Pharmacy, rules of the board for the uniform controlled substances act,
     H. B. 4176, Pharmacy Board, rules for continuing education,
     H. B. 4177, Pharmacy Board, licensure of wholesale drug distributors,
     And,
     H. B. 4195
, Foresters, code of ethics,
     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. 4174, H. B. 4175, H. B. 4176, H. B. 4177 and H. B. 4195) were 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. 4184, Athletic commission, administrative rules regulating mixed martial arts,
     H. B. 4193, Foresters, certification,
     And,
     H. B. 4194, Foresters, schedule of fees,
     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. 4184, H. B. 4193, H. B. 4194) were each 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. 4249, Reducing utility rates for low-income residential customers,
     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. 4249) was referred to the Committee on Finance.
     Chairman Moore, 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. 4271, Reporting requirements for residential mortgage lenders and broker licensees,
     And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
     In the absence of objection, reference of the bill (H. B. 4271) to the Committee on the Judiciary was abrogated.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4054, Changing how the public school support foundation allowance is determined,
     And,
     H. B. 4299, Authorizing a county board of education to use the services of a bus operator from another county in certain circumstances,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bills (H. B. 4054 and H. B. 4299) were each referred to the Committee on Finance.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4243, Relating to disclosure of sex offender registration to private elementary and secondary schools, and to higher education institutions,
     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. 4243) was referred to the Committee on the Judiciary.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4311, Adding $20 million to the West Virginia Research Trust Fund,
     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. 4311) was referred to the Committee on Finance.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 4260, Relating to insurance coverage for autism spectrum disorders,
     And,
     H. B. 4030, Prioritizing the payment of fees, costs, bonds, fines or other sums charged or assessed in magistrate courts in civil and criminal matters,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bills (H. B. 4260 and H. B. 4030) were each referred to the Committee on Finance.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 4356, Creating the misdemeanor offense for child neglect resulting in a substantial risk of bodily injury,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4356 - "A Bill to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to creating the misdemeanor offense for child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury; penalties; and exceptions,"
     With the recommendation that the committee substitute do pass.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     S. C. R. 15 - "Requesting the Division of Highways to name the portion of U. S. Route 60, starting at the bridge where East Rainelle originated and running through the town of Rainelle, West Virginia, now known as Main Street, 'Major Jackie Willard Sanford Street'."
     Whereas, Major Jackie Willard Sanford grew up in East Rainelle, West Virginia; and
     Whereas, Major Jackie Willard Sanford had a passion at a very young age for serving in the military and tried to enlist at the age of 13, but was rejected; and
     Whereas, A year later, to gain early entry into the military, Major Jackie Willard Sanford misled a United States Marine recruiter about his age and enlisted at the age of 14 on June 26, 1946; and
     Whereas, During his tenure in the Marines, Major Jackie Willard Sanford saw duty across the United States and in the Pacific while serving with the 1st Marine Division; and
     Whereas, Major Jackie Willard Sanford completed his Marine Corp enlistment in 1949, and joined the United States Army, where he became a paratrooper and saw combat duty as a Platoon Sergeant with the 187th Airborne Regimental Combat Team in Korea in 1952; and
     Whereas, Major Jackie Willard Sanford was wounded twice during his combat tour in Korea and received his first two Purple Heart medals; and
     Whereas, In September 1964, Major Jackie Willard Sanford again answered the call of duty, arriving in Vinh Long, Vietnam, as a member of the Vinh Long "Outlaws", the aviation company known as the 62nd Assault Helicopter Company; and
     Whereas, Major Jackie Willard Sanford led a heavy fire team into the air to search for missing officers, who had been reported ambushed and captured by the enemy; and
     Whereas, During the search, Major Jackie Willard Sanford's aircraft was struck by heavy enemy fire; and
     Whereas, Sadly, On June 16, 1965, Major Jackie Willard Sanford made the ultimate sacrifice for his country, succumbing to his wounds sustained when his aircraft was shot down; and
     Whereas, Major Jackie Willard Sanford had a distinguished military career receiving at least twenty-one major awards and decorations for his service duty including the Silver Star, Distinguished Flying Cross with First Oak Leaf Cluster; Bronze Star Medal with First Oak Leaf Cluster with "V" Device, Commendation Ribbon with Metal Pendant, Air Medal with twenty Oak Leaf Clusters, the 15th and 20th "V" Device, Purple Heart with Third Oak Leaf Cluster, Army of Occupation Medal with Clasp for Japan, National Defense Service Medal, Korean Service Medal with one Bronze Service Star, Armed Forces Expeditionary Medal for service in Vietnam, Combat Infantryman Badge, United Nations Service Medal, Republic of Korea Presidential Unit Citation, Parachutist Badge, Senior Army Aviator Badge, and the Good Conduct Medal; and
     Whereas, It is fitting and proper, to honor Major Jackie Willard Sanford for his service and self-sacrifice to his country and state, by naming this street in remembrance of him; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways name the portion of U. S. Route 60, starting at the bridge where East Rainelle originated and running through the town of Rainelle, West Virginia, now known as Main Street, "Major Jackie Willard Sanford Street"; 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 "Major Jackie Willard Sanford Street"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the town of Rainelle.        
Resolutions Introduced

     Delegate Michael offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 50 - "Requesting the bridge in Hardy County, West Virginia on Route 28, crossing the South Branch of the Potomac River North of Moorefield, bridge number 16-220-0.22, be named the 'Captain John Hanson McNeill CSA Memorial Bridge'."
     Whereas, Captain John Hanson McNeill was the best known native of Hardy County to serve in the Civil War. The son of Strother and Amy Pugh McNeill, was born June 12, 1815, about a mile southeast of the present day bridge that carries State Route 28 across the South Branch of the Potomac River just North of Moorefield. His father died when he was only three and one-half years old and "Hanse", as he was called by family and friends, grew to manhood in the South Branch Valley. After his marriage to Jemima Harness Cunningham, Captain John Hanson McNeill took his family West, seeking more land. After several moves he settled in Daviess County, Missouri. There he purchased a five hundred acre farm where he raised the only herd of Shorthorn Durham cattle in that area. He became a well respected member of the community and was active in the Methodist Church, becoming a lay minister; and
     Whereas, Captain John Hanson McNeill, at the beginning of the Civil War commanded a company of cavalry and took part in at least four battles in Missouri. His son George, was killed at Lexington, Missouri and he was severely wounded. Sometime later he and his son Jesse were captured. They eventually escaped and made their way back to Hardy County where he organized a company of cavalry that would become known as "McNeill's Rangers". Many men from Hardy and surrounding counties served in it; and
     Whereas, Although officially a part of Colonel John D. Imboden's Northwestern Brigade they often operated independently and became the scourge of Union supply lines in this area. They took part in larger campaigns such as Gettysburg, and the Jones-Imboden Raid through West Virginia. In early August, 1864, Captain John Hanson McNeill advised his commanding officers not to divide forces and camp on both sides of the South Branch near where the present bridge is located. They ignored him, resulting in the Confederates being surprised and defeated by Union forces with some of the most intense fighting taking place just downstream from the bridge. This was known as "The Battle of Moorefield" and was the largest battle to take place in Hardy County. In an early morning attack on October 3, 1864, Captain McNeill was wounded in a successful attack on a Union encampment at Meem's Bottom, Virginia. He died from his wound five weeks later on November 10, 1864 in Harrisonburg, Virginia. He was first buried there with full Military and Masonic honors. Several months later his men returned his body to Hardy County for reburial. He is buried in Olivet Cemetery in Moorefield next to the Monument to Confederate Dead, surrounded by the graves of other Confederate solders; and
     Whereas, Captain John Hanson McNeill, the best known native of Hardy County to serve in the Civil War, is remembered by the community in which he lived, by the founding of McNeill's Rangers, Camp 582, Sons of Confederate Veterans over ten years ago. The camp is active in honoring Confederate soldiers and preserving history and being civic minded. The camp has been instrumental in preserving the memory of Confederate soldiers from Hardy County and seeking to honor Captain John Hanson McNeill with the naming of the bridge North of Moorefield, West Virginia. It is fitting that in a state, born out of the conflict known alternatively as the Civil War and the War Between the States, we should remember all of its sons who served and died in and as a result of that conflict, as we may remember and honor Captain John Hanson McNeill; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the bridge in Hardy County, West Virginia on Route 28, crossing the South Branch of the Potomac River North of Moorefield, bridge number 16-220-0.22, be named the "Captain John Hanson McNeill CSA 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 "Captain John Hanson McNeill CSA 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 to the McNeill's Rangers, Camp 582, Sons of Confederate Veterans.
     Delegates Armstead, Cowles, Rowan, Pasdon, Sigler, Householder, Andes, Ashley, C. Miller, Sumner, Lane, Ellem, Romine, Savilla, Howell, Duke, Evans, Hamilton, Sobonya, Gearheart, Ireland, Ellington, Carmichael, Anderson, Walters, Canterbury, Azinger, Border and Kump offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 16 - "Amending the rules of the House of Delegates by rescinding House Rule 84, relating to Committee Hearings, and adding thereto a new rule relating to public hearings on bills introduced."
     Resolved by the House of Delegates:
     
That the Rules of the House of Delegates be amended by rescinding House Rule 84, relating to Committee Hearings, and adding thereto a new rule as follows:
Committee Hearings
     
84. On written request of the introducer of a bill or any interested person or organization, timely made to the chairman or clerk of a committee, a public hearing shall be held on any measure on the official agenda of the committee.
     
The chairman may limit the time of proponents and opponents at such hearing.
     
The hearing may be conducted by the entire committee or a subcommittee thereof, as the committee shall direct.
     
When a bill is referred to more than one committee, no more than one hearing shall be required when properly and timely requested under the provisions of this rule.
Public Hearings on Bills Introduced
     92b. (a) Public Hearing Request Prior to Placement of Bill on Committee Agenda. Upon the introduction of or at any time subsequent to the introduction of a bill, any member, person or organization may file a written request for a public hearing related to such bill with the Clerk of the House. Upon delivery of such written request to the Clerk, a public hearing shall be held on the bill by the committee to which the bill has been referred. Such public hearing shall be held prior to the placement of the bill on the agenda of such committee.
     (b) Public Hearing Request Subsequent to the Placement of Bill on Committee Agenda. At any time subsequent to the placement of a bill on the agenda of any committee, and the release of such agenda for public view, any member, person or organization may file a written request for a public hearing related to such bill. Upon delivery of such written request to the committee, the committee shall hold a public hearing on such bill and postpone consideration of such bill until a subsequent meeting of the committee: Provided, That in an emergency situation, and upon a vote of two-thirds of the members of the committee, such public hearing may be held after the committee considers the bill but prior to the date on which the bill is read a first time in the House.
     (c) Public Hearings on Bills Regardless of Placement on Committee Agenda. Upon delivery of a written request to the Clerk of the House signed by ten or more members of the House, a public hearing shall be held on any bill, regardless of whether or not such bill is placed on a committee agenda. The public hearing shall be held no later than five legislative days after receipt of said request by the Clerk. Any public hearing held pursuant to the provisions of this subsection shall be chaired by the Speaker of the House, the Majority Leader, the chair of any committee to which the bill has been referred, or such other member as the Speaker of the House may designate. No member may request more than three public hearings pursuant to the provisions of this subsection during any session, but any member may request public hearings pursuant to the provisions of subsections (a) and (b) of this rule in addition to hearings requested pursuant to the provisions of this subsection.
     (d) Prior Notice of Public Hearings. The House or any committee of the House holding any public hearing provided for in this rule shall afford no less than 48 hours notice of such public hearing: Provided, That in an emergency situation, and upon two-thirds vote of the members elected or appointed to the House or a two-thirds vote of the members of such committee, the 48 hours notice shall be waived. In no case shall the House or any committee of the House provide less than 24 hours notice of any public hearing. Such notice shall include the time and location of the hearing and be made during a session of the House and placed on the legislative website.
     (e) The person designated to preside over any public hearing provided for in this rule may limit the time of proponents and opponents at such hearing: Provided, That comparable time shall be afforded to each person speaking at such hearing.
Petitions

     The Rural Caucus presented a petition, signed by more than 2,500 residents of all 55 counties of the State, expressing support for S. B. 421, Creating the Captive Cervid Farming Act; which was referred to the Committee on Natural Resources.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate J. Miller:
     
H. B. 4409 - "A Bill to amend and reenact §3-5-8a of the Code of West Virginia, 1931, as amended, relating to primary elections and nominating procedures and reducing the signature requirement of petitions in lieu of the filing fee and replace the oath of impecuniosity with a statement of intent"; to the Committee on the Judiciary then Finance.
By Delegates Butcher, Stowers, R. Phillips and Walker:
     
H. B. 4410 - "A Bill to amend and reenact §29-3-11 of the Code of West Virginia, 1931, as amended, relating to the appointment of the State Fire Marshal by the Governor"; to the Committee on Government Organization.
By Delegates J. Miller, Cowles and Householder:
     
H. B. 4411 - "A Bill to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to requiring parents who object to immunizations on the basis of their beliefs to provide a written statement to that effect in lieu of certificates showing proof of immunizations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Overington, Duke, Lawrence, Doyle, J. Miller, Cowles, Householder and Kump:
     
H. B. 4412 - "A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge for the twenty-third judicial circuit consisting of Berkeley, Jefferson and Morgan counties"; to the Committee on the Judiciary then Finance.
By Delegate Butcher:
     
H. B. 4413 - "A Bill to amend and reenact §15-10-4 of the Code of West Virginia, 1931, as amended, relating to public safety; and requiring an investigation, of an incident resulting in a death or other serious injury caused by a municipal law-enforcement officer or deputy sheriff, by another agency of the state criminal justice system instead of the agency involved in the incident"; to the Committee on the Judiciary.
By Delegates Perry, Shaver, Reynolds, Hall, Skaff, Smith, Sumner, Walker, Pino, Frazier and Carmichael:
     
H. B. 4414 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6, §16-2M-7, §16-2M-8, §16-2M-9 and §16-2M-10, all relating to abortions generally and protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks post-fertilization, except when the mother has a medical emergency and providing for civil remedies and remedies at law; stating legislative findings; definitions; creating felony criminal penalties; and creating a Special Revenue Fund known as the 'West Virginia Pain-Capable Unborn Child Protection Act Litigation Fund'"; to the Committee on Health and Human Resources then the Judiciary .
By Delegates Staggers, Perry, Sumner, Pino, O'Neal, Boggs, Moye and L. Phillips:
     
H. B. 4415 - "A Bill to authorize a Prince Railroad Station Authority to acquire and maintain the railroad station building and the appurtenances thereto located in Prince, West Virginia; to be created as a public corporation; membership, terms and compensation of the board; powers; exemption from taxation; and dissolution of the authority"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Manchin and Miley
     [By Request of the Secretary of State's Office]:
     
H. B. 4416 - "A Bill to amend and reenact §3-12-1, §3-12-4 and §3-12-17 of the Code of West Virginia, 1931, as amended, all relating to extending the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program"; to the Committee on the Judiciary then Finance.
By Delegates White, Hall, Ferns, R. Phillips, D. Poling, Morgan, Stowers and Marcum
     [By Request of the Department of Administration]:
     
H. B. 4417 - "A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as amended, relating to the nonapplicability of chapter thirty-three of this code, regulating insurance, to the Public Employees Insurance Agency"; to the Committee on Banking and Insurance then the Judiciary .
By Delegates White, Hall, Ferns, R. Phillips, D. Poling, Morgan, Stowers and Marcum
     [By Request of the Department of Administration]:
     
H. B. 4418 - "A Bill to amend and reenact §5A-3-52 of the Code of West Virginia, 1931, as amended, relating to special funds for travel management; creating the Aviation Fund and the Fleet Management Office Fund; the moneys in these funds do not expire; the funds are to be used for aviation and fleet management purposes; and costs and expenses will be borne by the agency or department using the aviation or fleet services"; to the Committee on Government Organization then Finance.
By Delegates White, Hall, Ferns, R. Phillips, D. Poling, Morgan, Stowers and Marcum
     [By Request of the Department of Administration]:
     
H. B. 4419 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-27, relating to the subrogation rights of the Public Employees Insurance Agency to recover claims paid on behalf of covered employees and dependents"; to the Committee on the Judiciary then Finance.
By Delegates White, Hall, Ferns, R. Phillips, D. Poling, Morgan, Stowers and Marcum
     [By Request of the Department of Administration]:
     
H. B. 4420 - "A Bill to amend and reenact §5A-7-4a of the Code of West Virginia, 1931, as amended, relating to allowing the Information Services and Communications Division to accumulate invoices for telecommunication services for a state spending unit under $75 and send them to the spending unit in one statement near the end of the fiscal year"; to the Committee on Finance.
By Delegates White, Hall, Ferns, R. Phillips, D. Poling, Morgan, Stowers and Marcum
     [By Request of the Department of Administration]:
     
H. B. 4421 - "A Bill to amend and reenact §5A-6-4 of the Code of West Virginia, 1931, as amended, relating to clarifying that the Office of Technology is responsible for the retirement or transfer of information technology equipment that may contain confidential or privileged electronic data"; to the Committee on Government Organization then the Judiciary.
By Delegates Butcher, Walker, D. Poling, Boggs, Caputo, Martin, Stephens, Diserio, Storch, Hamilton and Ellem:
     
H. B. 4422 - "A Bill to amend and reenact §21-3D-1, §21-3D-2, §21-3D-3, §21-3D-4 and §21-3D-9 of the Code of West Virginia, 1931, as amended, all relating to crane operator certification; redefining the term 'crane'; expanding the type of equipment for which certification is required to operate; requiring adherence to standards established by the Occupational Safety and Health Administration of the United States Department of Labor; eliminating the dual classification system as of November 10, 2014; authorizing the Commissioner of Labor to issue notices to cease and desist unlawful practices; authorizing the Commissioner of Labor to apply to the circuit court for injunctive relief; limiting reciprocity provisions; and deleting obsolete provisions"; to the Committee on Government Organization.
House Calendar

Second Reading

     Com. Sub. for H. B. 4063, Relating to civil service commissions in political subdivisions; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading,
     Com. Sub. for H. B. 4239, Increasing the membership of the West Virginia Board of Osteopathy; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 4257, Providing late voter registration opportunities to individuals covered by the Uniformed and Overseas Citizens Act of 1986; on second reading, coming up in regular order, was reported by the Clerk.
     On motion of Delegate Miley, the bill (Com. Sub. for H. B. 4257) was recommitted to the Committee on the Judiciary.
     H. B. 4314, Relating to the appointment of magistrates; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 4320, Relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     At 11:28 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, February 6, 2012.

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