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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)
hdj2012-02-06-27


__________*__________




Monday, February 6, 2012

TWENTY-SEVENTH DAY

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

                              

     The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Friday, February 3, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

     Delegates Howell, Carmichael, Kump, Cowles, Gearheart, Savilla and Overington offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 17 - "Amending the rules of the House of Delegates, relating to compelling a committee to take up a bill."
     Resolved by the House of Delegates:
     That the Standing Rules of the House of Delegates, be amended by adding thereto a new rule a follows:
"Compelling committee to take up bill.
_____82a. When thirteen members of a committee sign and deliver to the committee a petition requesting that a bill specifically referred to the committee be taken up by the committee, the chair
of the committee must place that legislation upon the committee's agenda no more than five legislative days after the date of the petition. For purposes of this rule, a legislative day is a day in
which the House of Delegates is in session.
"
     Delegates Perry, Boggs and Morgan offered the following resolution, which was read by the Clerk as follows:
     H. R. 18 - "Designating February 6, 2012, as 'Corrections Day'."
     Whereas, The West Virginia Division of Corrections, the Regional Jail Authority and the Division of Juvenile Services are committed to enhance public safety by providing safe, secure and humane facilities, operating an effective system of offender re-entry and community supervision, reducing offender recidivism, and assisting victims of crime; and
     Whereas, The West Virginia Division of Corrections, the Regional Jail Authority and the Division of Juvenile Services are further committed to providing effective and beneficial services that promote positive development and accountability while preserving community safety and sustaining a work environment predicated upon principles of professionalism, with dignity and respect for all; and     Whereas, It is the vision of these agencies to be recognized as innovative leaders in providing quality correctional services; and
     Whereas, The adult and juvenile correctional population continues to expand and it is important for agency representatives and policymakers to appreciate the nature and magnitude of this growth; and
     Whereas, Previous information provided should assist public officials and agency representatives in planning for the future and aid in the development of policies for the management of the West Virginia correctional population, both adult and juvenile, as well as providing adequate pay, benefits, and a safe, secure workplace for the employees of the correctional system; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby designates February 6, 2012, as "Corrections Day"; and, be it
     Further Resolved, That the House of Delegates recognizes the exceptional service and commitment of the employees of the West Virginia Division of Corrections, the Regional Jail Authority and the Division of Juvenile Services; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Director of the Division of Corrections, the Director of the Regional Jail Authority and the Director of the Division of Juvenile Services.    
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 18) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     S. B. 469, Relating generally to other post-employment benefits,
     And reports the same back with the recommendation that it do pass.
     Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security, submitted the following report, which was received:
     Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
     H. B. 4127, Declaring August 7 as a special memorial day to be known as Purple Heart Recognition Day,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4127 - "A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to declaring August 7 as a special memorial day to be known as Purple Heart Recognition Day,"
     With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for H. B. 4127) to the Committee on Finance was abrogated.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Iaquinta, Perdue, Crosier, M. Poling, Miley, Boggs, Azinger, Hamilton, Ferro, Walters and Caputo:
     
H. B. 4423 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1E-6 relating to creating the 'West Virginia Winner' program to promote healthy living and improve lifestyle and increase longevity of West Virginia residents by competing in various athletic and cultural events in the fifty-five counties; providing that the program be administered by the Office of Healthy Lifestyles; and declaring who may participate in the events together with participation fees"; to the Committee on Health and Human Resources then Finance.
By Delegates Morgan, Stephens, Butcher, Staggers and Border
     [By Request of the Department of Health and Human Resources]:
     
H. B. 4424 - "A Bill to amend and reenact §27-5-11 of the Code of West Virginia, 1931, as amended, relating to modified mental hygiene procedures; deleting the termination date of the modified mental hygiene procedures pilot project; authorizing additional programs throughout the state; and continuing the pilot project as a permanent program"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Lawrence, Ferns, Fleischauer, Miley and Morgan:
     
H. B. 4425 - "A Bill to amend and reenact §37-6-30 of the Code of West Virginia, 1931, as amended, relating to landlord and tenant; the duty to maintain a premise; requiring a landlord to address issues of accumulation of moisture and the growth of mold; and requiring the landlord to perform mold remediation in accordance with professional standards"; to the Committee on the Judiciary then Finance.
By Delegates Manchin, Ferns, Swartzmiller, Hartman, Morgan, Miley, White, Givens, Ferro, Skaff and Perry:
     
H. B. 4426 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; and to amend said code by adding thereto a new section, designated §33-16D-17, all relating to insurance copayments; and requiring a copayment to a physical therapist and an occupational therapist be the same as a physician or osteopath"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates D. Poling, Anderson, Border, Manypenny, Guthrie, Ireland, Ellem and Swartzmiller:
     
H. B. 4427 - "A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as amended, relating to livestock in dire or extreme condition"; to the Committee on Agriculture then the Judiciary.
By Delegates Perdue, Barill, Caputo, Frazier, Perry, Shaver, Walker, Williams, Marshall, Paxton and White:
     
H. B. 4428 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9D-11, relating to providing that any person who maintains a 'roll your own' cigarette machine at a retail establishment is deemed a manufacturer of cigarettes and that the resulting product is deemed to be cigarettes sold to a consumer for purposes of this article nine-d, article nine-b, chapter sixteen, article seventeen, chapter eleven and article twenty- five, chapter forty-seven of this code"; to the Committee on Health and Human Resources then Finance.
By Delegates Lawrence and Stowers:
     
H. B. 4429 - "A Bill to amend and reenact §8-10-1 of the Code of West Virginia, 1931, as amended, relating to police; authorizing the mayor to appoint chiefs of police and deputy chiefs of police; and allowing chiefs of police and deputy chiefs of police to be reinstated to the rank that he or she previously held"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Walker, Barker and Perry:
     
H. B. 4430 - "A Bill to amend and reenact §21-3-10a of the Code of West Virginia, 1931, as amended, relating to employee work breaks; requiring twenty consecutive minutes for meal breaks; and requiring ten minute rest periods for certain employees during each four hours of work"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Sobonya, Householder, J. Miller, Cowles, C. Miller, Snuffer and Savilla:
     
H. B. 4431 - "A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to terminating the Municipal Home Rule Pilot Program on the date of passage; terminating all local laws and ordinances that were enacted pursuant to the Municipal Home Rule Pilot Program that are contrary to the Constitution of the United States, the Constitution of West Virginia, federal law or certain chapters of this code; and requiring all information associated with the program be submitted to the Legislature by July 1, 2012"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Reynolds, Ferns, R. Phillips, Skaff, Stowers, Hunt, Pasdon, Barill, D. Campbell, Moye and L. Phillips:
     
H. B. 4432 - "A Bill to amend and reenact §33-17A-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting declination or termination of property insurance based solely upon a home owner's possession of a certain breed of dog; and providing exception"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Williams, Ashley, Cann, Ferns, Iaquinta, Perry, R. Phillips, Pino, Shaver and Varner:
     
H. B. 4433 - "A Bill to amend and reenact §18-2-34 of the Code of West Virginia, 1931, as amended, relating to the awarding of high school diplomas to veterans"; to the Committee on Veterans' Affairs and Homeland Security then Education.
By Delegates Lawrence, Manchin, Hunt, Ellem, Doyle, Boggs, Morgan, Marshall, Guthrie, L. Phillips and Brown:
     
H. B. 4434 - "A Bill to amend and reenact §29-3-16a of the Code of West Virginia, 1931, as amended, relating to carbon monoxide detectors, smoke detectors and sprinkler systems; requiring smoke detectors and sprinkler systems meet state fire code requirements; requiring carbon monoxide detectors be installed in certain public facilities; and establishing penalties"; to the Committee on the Judiciary then Finance.
By Delegates Smith, Perry, Shaver and Lawrence:
     
H. B. 4435 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to school service personnel minimum monthly salaries; increasing the education increment"; to the Committee on Education then Finance.
By Delegates Hall, Stowers, R. Phillips, Reynolds, Barker, L. Phillips, Craig and D. Poling:
     
H. B. 4436 - "A Bill to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as amended, relating to providing county litter control officers the authority to issue citations for the misdemeanor offense of unauthorized use of dumpsters; and making stylistic changes"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Doyle, Michael, Hartman, D. Campbell and Evans:
     
H. B. 4437 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-30-1, §29-30-2, §29-30-3, §29-30-4, §29-30-5, §29-30-6, §29-30-7, §29-30-8, §29-30-9, §29-30-10, §29-30-11, §29-30-12, §29-30-13, §29-30-14, §29-30-15, §29-30-16, §29-30-17, §29-30-18, §29-30-19, §29-30-20, §29-30-21, §29-30-22, §29-30-23, §29-30-24, §29-30-25, §29-30-26, §29-30-27, §29-30-28, §29-30-29, §29-30-30, §29-30-31, §29-30-32, §29-30-33, §29-30-34, §29-30-35, §29-30-36 and §29-30-37, all relating to permitting certain ski resorts to be limited gaming facilities; making findings; defining terms; setting forth the duties and powers of the State Lottery Commission; permitting a gaming facility only in a county whose voters approve the facility; permitting up to four licenses to be issued; setting forth an applicant's qualifications; requiring a licensee to make reports; setting forth the qualification of suppliers of gaming devices; setting forth the requirements of the licensee's employees; setting forth expirations dates; setting forth the cost of a license and other fees; setting forth hearing procedures; permitting the commission to inspect and investigate violations; establishing the right of law-enforcement officers at the facility; setting forth the accounting and reporting of income; establishing the tax rates; setting forth where the taxes will be deposited; creating the Big Vertical Ski Resort Fund; prohibiting unauthorized wagering; setting forth individual gaming restrictions; permitting the forfeiture of property; setting forth requirements for video lottery games; stating the basis for the exemption from federal law; granting rule-making authority; and creating penalties"; to the Committee on the Judiciary then Finance.
House Calendar

Third Reading

     Com. Sub. for H. B. 4063, Relating to civil service commissions in political subdivisions;
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. 28), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
     Absent and Not Voting: Fragale, C. Miller, Nelson and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4063) 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. 4239, Increasing the membership of the West Virginia Board of Osteopathy; 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. 29), and there were--yeas 87, nays 9, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Andes, Carmichael, Gearheart, Householder, Howell, Ireland, Kump, Lane and Savilla.
     Absent and Not Voting: Fragale, C. Miller, Nelson and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4239) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 30), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Gearheart, Householder, Howell, Kump and Savilla.
     Absent and Not Voting: Fragale, C. Miller, Nelson and Stephens.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4239) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4314, Relating to the appointment of magistrates; 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. 31), and there were--yeas 86, nays 10, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Canterbury, Carmichael, O'Neal, Savilla, Sobonya and Walters.
     Absent and Not Voting: Fragale, C. Miller, Nelson and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4314) 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. 4320, Relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements; 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. 32), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
     Absent and Not Voting: Fragale, C. Miller, Nelson and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4320) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     H. B. 4271
, Reporting requirements for residential mortgage lenders and broker licensees,
     And,
     Com. Sub. for H. B. 4356, Creating the misdemeanor offense for child neglect resulting in a substantial risk of bodily injury.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Fragale, C. Miller, Nelson and Stephens.
     At 1:38 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 7, 2012.

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