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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

House Journal


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


__________*__________




Tuesday, February 14, 2012

THIRTY-FIFTH 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 Monday, February 13, 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 Moore, L. Phillips, Hall, Marcum, White and Frazier offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 66 - "Requesting the Division of Highways to rename the Roderfield Box Beam Bridge, bridge number 24-52-12.79 crossing over Spice Creek in McDowell County, the 'Carnie L. Spratt Memorial Bridge'."
     Whereas, Carnie L. Spratt was born in May 1901, in Baileysville, West Virginia; and
     Whereas, Carnie L. Spratt and two brothers were in the logging business and when they secured a contract to log old Route 52 from Roderfield to Iaeger in the mid-1930's they moved to Roderfield; and
     Whereas, Carnie L. Spratt and his brothers purchased land and built homes for their families; and
     Whereas, Carnie L. Spratt and his brothers built the sawmill there and their company's name was Spratt Brothers Lumber Company; and
     Whereas, Carnie L. Spratt then branched out and built the Roderfield Gulf Service Station, the first motel in McDowell County and the Drive In Grill Restaurant -- all were located at the intersection of State Route 7 and U. S. Route 52; and
     Whereas, Carnie L. Spratt and his businesses became well known and well liked in McDowell County; and
     Whereas, Carnie L. Spratt passed away in April 1981; and
     Whereas, It is fitting to honor Carnie L. Spratt for his commitment, dedication and the role he played in the development of McDowell 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 rename the Roderfield Box Beam Bridge, bridge number 24-52-12.79 crossing over Spice Creek in McDowell County, the "Carnie L. Spratt 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 "Carnie L. Spratt 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 the family of Carnie L. Spratt.
     Delegates Howell, Anderson, Azinger, Canterbury, Carmichael, Cowles, Evans, Gearheart, Hall, Hartman, Householder, Howell, Iaquinta, Mahan, Manchin, Manypenny, C. Miller, J. Miller, Moore, Nelson, Overington, Pasdon, Perry, R. Phillips, Savilla, Shaver, Sigler, Snuffer, Sobonya, Stephens, Storch, Stowers, Sumner and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 67 - "Urging the Environmental Protection Agency to revoke its decision to allow the sale of gasoline with fifteen percent ethanol (E15) until there is clear and convincing scientific evidence that El5 does not pose a risk to any gasoline-powered vehicle or equipment."
     Whereas, The Environmental Protection Agency (EPA) wants to allow an ethanol additive to the gasoline market place of fifteen percent (E15). Currently gasoline is sold with an ethanol additive of ten percent (E10) and is part of a program to reduce the nation's dependency on foreign oil. Over ninety percent of the gasoline sold has a ten percent ethanol additive; and
     Whereas, Ethanol increases water formation which can then create formic acid and corrode metals, plastics and rubber, especially over a period of time when the vehicle is not used. Corrosion- resistant materials have been incorporated into newer vehicle, engines and exhaust. However, current high performance specialty parts along with the pre-2001 cars and parts may be susceptible to corrosion. It is believed that a fifteen percent ethanol additive (E15) burns hotter that E10 and can wreck havoc with fuel mixtures and injections; and
     Whereas, There are an estimated 74 million pre-2001 vehicles in the marketplace that may be mis-fueled with E15. This does not include the millions of boats, lawnmowers, had-held equipment and the like that were not designed for ethanol. The life span of this equipment can be dramatically reduced with the wrong fuel and the owners could be confronted with equipment break downs. Anti-corrosion additives are available for each purchase of gasoline but can become expensive, burdensome and require consumer education; therefore, be it
     Resolved by the Legislature of West Virginia:
     That Environmental Protection Agency is urged to revoke its decision to allow the sale of gasoline with fifteen percent ethanol (E15) until there is clear and convincing scientific evidence that El5 does not pose a risk to any gasoline-powered vehicle or equipment; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Environmental Protection Agency and to the members of the West Virginia delegation to the United States Senate and House of Representatives.
     Delegates Sumner, O'Neal, Snuffer, Moye and Mahan offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 68 - "Declaring the City of Beckley's Exhibition Coal Mine as the official State Coal Mine of West Virginia."
     Whereas, West Virginia does not have an official state coal mine; and
     Whereas, The City of Beckley restored the Exhibition Coal Mine operated by the Phillips family during the late 1800's in what is now part of the New River Park; and
     Whereas, The Beckley Exhibition Coal Mine is listed on the National Register of Historic sites and officially opened to visitors on July 24, 1962; and
     Whereas, The Beckley Exhibition Coal Mine allows more than 45,000 visitors a year to experience the history of low-seam coal mining from the hand-loading days into the era of modern mechanization, by riding authentic "man cars" under the supervision of an experienced veteran coal miner through a series of 1,500 feet of underground passages; and
     Whereas, In addition to the underground mine tour, the Beckley Exhibition Coal Mine features the historical representation of early 20th century coal camp life through the restoration of the Coal Company House, Superintendent's Home, Coal Company Store, Miner's Shanty, Pemberton Coal Camp Church, Helen Coal Camp School and the estate of Beckley's founder, General Alfred Beckley's Wildwood House; and
     Whereas, The Beckley Exhibition Coal Mine site also offers a wide variety of recreational opportunities, including a campground, an Olympic-sized swimming pool and water slide, tennis and basketball courts, picnic and grilling facilities, covered shelters, a one mile vista fitness trail, playground and large playing field; and
     Whereas, The Beckley Exhibition Coal Mines also offers educational opportunities for young people through its Youth Museum of Southern West Virginia that features a planetarium and seasonal exhibitions designed to both educate and entertain; and
     Whereas, The Beckley Exhibition Coal Mine promotes an invaluable connection to the state's rich coal-related history through its extensive historical representation; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Beckley Exhibition Coal Mine is the official State Coal Mine of West Virginia; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor.
     Delegates Poore, Moore, Doyle, Guthrie, M. Poling, Miley, Ireland, Barill, Boggs, Brown, Butcher, Cann, Caputo, Diserio, Ellem, Ferns, Ferro, Fleischauer, Fragale, Frazier, Givens, Hall, Hamilton, Hartman, Hatfield, Hunt, Iaquinta, Jones, Lawrence, Longstreth, Manchin, Manypenny, Marcum, Marshall, Martin, C. Miller, Moye, Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, Rodighiero, Shaver, Skaff, Sobonya, Stagger, Stephens, Stowers, Sumner, Swartzmiller, Varner, Wells and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 69 - "Recognizing the Month of February, 2012, as 'National Teen Dating Violence Awareness and Prevention Month' encouraging all West Virginians to observe the month with appropriate programs and activities that promote awareness and prevention of the crime of teen dating violence in their communities."
     Whereas, Teenage dating violence is a serious and growing problem throughout West Virginia; and
     Whereas, Dating, domestic and sexual violence affects women regardless of their age, and teens and young women are especially vulnerable; and
     Whereas, Approximately one in three adolescent girls in the United States is a victim of physical, emotional, or verbal abuse from a dating partner, a figure that far exceeds victimization rates for other types of violence affecting youth; and
     Whereas, Nationwide, one in ten high school students has been hit, slapped or physically hurt on purpose by a boyfriend or girlfriend; and
     Whereas, More than one in four teenagers have been in a relationship where a partner is verbally abusive; and
     Whereas, Twenty percent of teen girls exposed to physical dating violence did not attend school because they felt unsafe, either at school or on the way to or from school, on one or more occasions in a thirty-day period; and
     Whereas, Violent relationships during adolescence can have serious ramifications for victims by putting the victims at higher risk for substance abuse, eating disorders, risky sexual behavior, suicide and adult revictimization; and
     Whereas, Being physically and sexually abused leaves teen girls up to six times more likely to become pregnant and more than twice as likely to report having a sexually transmitted disease; and
     Whereas, Nearly three out of four children between eleven and fourteen years of age ("tweens"), say that dating relationships usually begin at fourteen years of age or younger, and about seventy-two percent of eighth and ninth grade pupils report that they are "dating"; and
     Whereas, One out of five tweens say their friends are victims of dating violence and nearly half of tweens who are in relationships know friends who have been verbally abused; and
     Whereas, More than three times as many tweens and parents of tweens admit that parents know little or nothing about the dating relationships of tweens; and
     Whereas, Teen dating abuse most often takes place in the home of one of the partners; and
     Whereas, A majority of parents surveyed believe they have had a conversation with their teen about what it means to be in a healthy relationship, but the majority of teens surveyed said that they have not had a conversation about dating abuse with a parent during the past year; and
     Whereas, Digital abuse and "sexting", the electronic distribution of pictures, videos, or text messages that are sexually explicit, are becoming new frontiers for teen dating abuse; and
     Whereas, One out of four teens in a relationship say they have been called names, harassed or put down by their partner through the use of cell phones or texting; and
     Whereas, Three out of ten young people have sent or received nude pictures of other young people on their cell phone or online, and sixty-one percent who have "sexted" report being pressured to do so at least once; and
     Whereas, Targets of digital abuse are almost three times as likely to contemplate suicide as those who have not encountered such abuse (eight percent versus three percent), and targets of digital abuse are nearly three times more likely to have considered dropping out of school; and
     Whereas, The severity of violence among intimate partners has been shown to be greater in cases where the pattern of violence has been established during adolescence; and
     Whereas, Primary prevention programs are a key part of addressing teen dating violence, and many successful community examples include, but are not limited to, education, community outreach and social marketing campaigns that also understand the cultural appropriateness of programs; and
     Whereas, Skilled assessment and intervention programs are also necessary for youth victims and abusers; and
     Whereas, The establishment of a National Teen Dating Violence Awareness and Prevention Month will benefit schools, communities, families, and youth, regardless of socioeconomic status, race, sex, sexual orientation, or gender identity of all youth; and
     Whereas, Governmental organizations, private organizations, and public officials, as well as families and youth, must work together to raise awareness of the high incidence of teen dating violence and to promote prevention strategies; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the House of Delegates hereby recognizes the month of February, 2012, as "National Teen Dating Violence Awareness and Prevention Month"; and, be it
     Further Resolved, That the House of Delegates supports communities in empowering teens to develop healthy and violence-free relationships; and, be it
     Further Resolved, That the House of Delegates encourages all West Virginians to observe National Teen Dating Violence Awareness and Prevention Month with appropriate programs and activities that promote awareness and prevention of the crime of teen dating violence in their communities; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this Resolution to all schools in West Virginia and all other appropriate organizations.
     Delegates Frazier, Ellington, Gearheart, L. Phillips, Hall and Moore offered the following resolution, which was read by the Clerk as follows:
     H. R. 20 - "Commemorating the passing of Andrew L. 'Andy' Clark Sr., prominent community, business and civic leader of Princeton, West Virginia."
     Whereas, Mr. Clark was born on May 19, 1921, in Mt. Hope, Fayette County, West Virginia, the son of the late Elmer and Hettie Craddock Clark; and
     Whereas, Mr. Clark died on the morning of January 13, 2011, at the age of eighty-nine, at Princeton Community Hospital in Princeton, Mercer County, West Virginia; preceded in death by his wife, Theresa Carolina Brown "Brownie" Clark, his son, Andrew L. "Drew" Clark, Jr., his sister, Elizabeth Spheen and a brother, Elmer Clark; and
     Whereas, Mr. Clark was a graduate of Mt. Hope High School and, in 1947, a graduate of West Virginia University, School of Engineering; and
     Whereas, Mr. Clark was an outstanding athlete in both high school and college and, while attending West Virginia University, played on the varsity football team for three years; and
     Whereas, Mr. Clark served as President of Mercer Motors and Andy Clark Ford & Lincoln in Princeton, West Virginia; President of the Prince Corporation, a.k.a. Princeton Shopping Center; Director of Princeton Bank & Trust Company; and Director of the Federal Reserve Bank of Richmond, Virginia, Fifth District; and
     Whereas, Mr. Clark was a prominent figure in Southern West Virginia and served as a leader in numerous and diverse roles including as an invaluable member of the Board of Directors of Princeton Community Hospital and as President of the Board from 1973 until 1981; an appointee to the West Virginia Board of Regents for Higher Education in July of 1975; a member of the Board of Directors of the West Virginia University Alumni Association; President of the Princeton Chamber of Commerce; President of the Princeton-Athens United Way; President of the Princeton Industrial Development Corporation; President of the West Virginia Auto Dealers Association; President of the East River Volunteer Fire Department; President of the Ford Dealers Advertising Fund; and President of the Ford Dealers Council; and
     Whereas, Mr. Clark served in the West Virginia House of Delegates for two terms, from 1952 until 1956, and was elected as a Delegate to the National Democratic Convention in 1964 and 1968; and
     Whereas, Mr. Clark received numerous honors from organizations, civic groups, colleges and universities for his competent devotion to projects and interests that served to enhance operations and lives; and
     Whereas, The passing of Andrew L. "Andy" Clark Sr. must not go unnoticed; therefore, be it
     Resolved by the House of Delegates:
     That regret is hereby expressed by the members at the passing of Andrew L." Andy" Clark Sr., a leader of men and benefactor to humanity; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Mr. Clark's two surviving children, Mrs. Terry Alston Clark Graham and Mr. George William "Scooter" Clark.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 20) to a committee was dispensed with, and it was taken up for immediate consideration.
     The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 45), 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: Doyle, Fragale, Moore and Skaff.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 20) adopted.
Committee Reports

     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 60, The "Tpr. Hugh D. Swartz Memorial Barracks",
     H. C. R. 64, The "Crum Brothers Memorial Highway",
     And,
     H. C. R. 65, The "Perry Brothers Memorial Highway",
     And reports the same back with the recommendation that they each be adopted.
     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. 4330, Providing that drivers licenses may contain information designating the licensee as a person who is an honorably discharged veteran,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4330 - "A Bill to amend and reenact §17B-2-1 and §17B-2-6 of the Code of West Virginia, 1931, as amended, all relating to issuance of driver's licenses; providing that licenses issued under this section may contain information designating the licensee as a person who is an honorably discharged veteran of any branch of the Armed Forces of the United States; providing that veterans may renew licenses without cost if not expired; and redefining 'previously licensed' as an applicant who has held at least a level two or similar driver's licensing level or class,"
     With the recommendation that the committee substitute 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. 4018, Granting licensed real estate appraisers access to commercial or residential review documents,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended.
     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. 4403, Changing the filing deadline for certified write-in candidates,
     And,
     H. B. 4415, Authorize a Prince Railroad Station Authority to acquire and maintain the railroad station building,
     And reports the same back with the recommendation that they each do pass.
     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. 4338, Raising the maximum value amount of an abandoned motor vehicle,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4338 - "A Bill to amend and reenact §17-24A-4 of the Code of West Virginia, 1931, as amended, relating to raising the maximum value amount of an abandoned motor vehicle $2,500 to $7,500 before someone may sell that vehicle; allowing towing companies to obtain title to abandoned vehicles acquired in a manner other than the request of law enforcement; and clarifying definitions,"
     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. 4338) to the Committee on Finance was abrogated.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4015, Creating the Herbert Henderson Office of Minority Affairs,
    And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4015 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the Herbert Henderson Office of Minority Affairs; establishing the powers and duties of the office; providing for an executive director, staff and office; requiring annual reports to the Governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund,"
     And,
     H. B. 4114, Providing a grace period for volunteer fire companies or departments to comply with submission of data in order to meet eligibility requirements to receive allocations from municipal pensions and protection fund,
    And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4114 - "A Bill to amend and reenact §8-15-8a of the Code of West Virginia, 1931, as amended, relating to the eligibility of volunteer or part volunteer fire companies or departments to allocation from municipal pensions and protection fund and the Fire Protection Fund; providing requirements for eligibility; providing a grace period for these volunteer fire companies or departments to comply with submission of data; making certain exemptions from reporting requirements; and requiring the State Fire Marshal to notify these volunteer fire companies or departments of the dates and grace period,"
     With the recommendation that the committee substitutes each do pass.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4007, Relating to unemployment benefits for certain spouses of military personnel,
     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.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 4481, Relating to the Comprehensive Behavioral Health Commission,
     And reports the same back with the recommendation that it do pass.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 4438, Provider Sponsored Network Act,  
     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. 4438) was referred to the Committee on Finance.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 4428, Providing that any person who maintains a "roll your own" cigarette machine at a retail establishment is deemed a manufacturer of cigarettes,
     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. 4428) was referred to the Committee on Finance.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     Com. Sub. for S. B. 404 - "A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to issuance of a barrister's certificate to teach course-specific curricula in West Virginia public schools"; which was referred to the Committee on Education.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of        
     S. B. 409 - "A Bill to amend and reenact §60-3A-24 of the Code of West Virginia, 1931, as amended, relating to substituting community service for confinement in jail for a person under the age of twenty-one who purchases, consumes, sells, serves or possesses alcoholic liquor or who misrepresents his or her age to purchase alcoholic liquor"; which was referred to the Committee on the Judiciary then Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2012, and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 418 - "A Bill to amend and reenact §62-12-12 of the Code of West Virginia, 1931, as amended, relating to qualification of members of the Parole Board"; which was referred to the Committee on 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 
     Com. Sub. for S. B. 484 - "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 §49-2-17 of said code; to amend and reenact §49-5-13 of said code; to amend and reenact §49-5D-2, §49-5D-3 and §49-5D-3a of said code; to amend said code by adding thereto two new sections, designated §49-5D-3b and §49-5D-3c; 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 §49-6A-5 of said code; to amend said code by adding thereto a new section, designated §49-6A-12; to amend and reenact §49-6D-3 of said code; to amend and reenact §49-7-1 of said code; and to amend said code by adding thereto a new section, designated §49-7-36, all relating generally to child welfare; defining 'court appointed special advocate program'; establishing a system of assistance from funds appropriated to the Department of Health and Human Resources for facilitating the adoption or legal guardianship of children who are dependents of the department or of a child welfare agency licenced to place children for adoption; 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; adding additional members to the multidisciplinary team; 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; 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 for adding, maintaining or removing information from the statewide child abuse and neglect statistical index or any other database maintained by the Department of Health and Human Resources; providing for modifications and requests for expunging of records; requiring the secretary to promulgate legislative rules; 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"; which was referred to the Committee on the Judiciary then Finance.
Petitions

     Delegate Hamilton presented a petition supporting passage of the Pain-Capable Unborn Child Protection Act on behalf of citizens of Upshur County; which was referred to the Committee on the Judiciary.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates White, Morgan, Perdue, T. Campbell and Manypenny:
     
H. B. 4514 - "A Bill to repeal §60A-8-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-8-3, §60A-8-5 and §60A-8-7 of said code; and to amend said article by adding thereto three new sections, designated §60A-8-14, §60A-8-15 and §60A-8-16, all relating generally to wholesale drug distributors licensed by Board of Pharmacy; specifying purpose of article; defining terms; specifying wholesale drug distributor licensing requirements; specifying powers of Board of Pharmacy; authorizing board to take certain disciplinary action against licensees, including civil penalties; providing for register of wholesale and pharmacy distributors of prescription drugs; and providing for the disposition of fees"; to the Committee on Government Organization then Finance.
By Delegate Poore:
     
H. B. 4515 - "A Bill to amend and reenact §48-14-204 of the Code of West Virginia, 1931, as amended, relating to providing procedures for issuing a writ of execution, suggestion or suggestee execution because of overdue child support or spousal support obligations; providing procedure for contesting an affidavit and requesting a hearing; authorizing a court, in its discretion, to require obligor to give security or post bond or order the bureau to hold collected amounts in escrow; issuing an abstract by the clerk; and increasing the statute of limitations on child and spousal support orders from ten to fifteen years"; to the Committee on the Judiciary.
By Delegates Perdue, Moore, Fleischauer, Brown, Hatfield and Poore:
     
H. B. 4516 - "A Bill to amend and reenact §9-6-8 of the Code of West Virginia, 1931, as amended, relating to human services; social services for adults; confidentiality of adult protective services records; and providing exceptions to confidentiality of those records"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Perdue:
     
H. B. 4517 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6K-6a, relating to the value of barren coal properties"; to the Committee on Finance.
By Delegates Hall, Barker, Ferro and Hunt
     [By Request of the Division of Environmental Protection]:
     
H. B. 4518 - "A Bill to amend and reenact §22-11-7b of the Code of West Virginia, 1931, as amended, relating to establishing a procedure to determine compliance with the biologic component of the narrative water quality standard"; to the Committee on the Judiciary.
By Delegates Hall, Hunt and Barker
     [By Request of the Division of Environmental Protection]:
     
H. B. 4519 - "A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to the Surface Coal Mining and Reclamation Act; special reclamation tax and funds; and continuing and reimposing the special reclamation tax on clean coal mined at an increased rate"; to the Committee on the Judiciary then Finance.
By Delegates Poore, Mahan, Guthrie, Wells, Lawrence, Michael, Frazier, White, Miley and Skaff:
     
H. B. 4520 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-6-9a, relating to authorizing a family court judge to order a child to be taken into custody in emergency situations which occur in the presence of the judge; and providing procedures when a child is ordered taken into emergency custody"; to the Committee on the Judiciary.
By Delegates Poore, Hunt, Moore, Mahan, Guthrie, Ireland, Wells, Miley, Michael, Frazier and White:
     
H. B. 4521 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-13-703, relating to permitting the restructuring of child support payments of an inmate who is released from the custody of the Division of Corrections or United States Bureau of Prisons under certain circumstances; and providing that one judge may assume authority over all child support obligations of the former inmate"; to the Committee on the Judiciary.
By Delegates Poore, Hunt, Sobonya, Guthrie, Ireland, Lawrence, Michael, Miley, White, Frazier and Skaff:
     
H. B. 4522 - "A Bill to amend and reenact §51-2A-9 of the Code of West Virginia, 1931, as amended, relating to providing additional contempt powers for family court judges"; to the Committee on the Judiciary.
By Delegates Poore, Moore, Mahan, Guthrie, Wells, Michael, Frazier, White and Miley:
     
H. B. 4523 - "A Bill to amend and reenact §48-18-125 of the Code of West Virginia, 1931, as amended, relating to the Bureau for Child Support enforcement; reporting employment and income; providing definition of independent contractor; and reporting income of an independent contractor if the contract for services is over $2500"; to the Committee on the Judiciary.
By Delegates Poore, Moore, Mahan, Guthrie, Wells, Michael, Frazier, White, Miley and Skaff:
     
H. B. 4524 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-4B-1, §33-4B-2, §33-4B-3 and §33-4B-4, all relating to requiring certain insurance companies to participate in information data matches with the Bureau of Child Support Enforcement for the purpose of establishing, modifying and enforcing child support, spousal support and medical support; requiring certain insurance companies to pay the Bureau of Child Support Enforcement for past-due child support instead of the insured; requiring medical insurance reporting; defining terms; and providing penalties"; to the Committee on the Judiciary then Finance.
By Delegates D. Poling, Hamilton, Caputo, M. Poling, Canterbury, Boggs, Storch and Morgan:
     
H. B. 4525 - "A Bill to amend and reenact §11-13W-1 of the Code of West Virginia, 1931, as amended, relating to increasing the tax credits for apprenticeship training in construction trades"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Savilla, Andes, Nelson, Overington and Sigler:
     
H. B. 4526 - "A Bill to amend and reenact §3-6-5 of the Code of West Virginia, 1931, as amended, relating to elections and write-in candidates; straight ticket voting eliminated"; to the Committee on the Judiciary.
By Delegates Poore, Hatfield, Perdue, Guthrie and D. Campbell:
     
H. B. 4527 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-27; 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 §33-16-3c; to amend said code by adding thereto a new section, designated §33-24-15; to amend said code by adding thereto a new section, designated §33-25-15; and to amend said code by adding thereto a new section, designated §33-25A-29, all relating to prohibiting a health insurance policy or health care plan that provides prescription drug benefits categorized or tiered for purposes of cost-sharing through deductibles or coinsurance obligations from reclassify a drug on the formulary as a specialty tier drug or increasing the cost-sharing, copayment, deductible or coinsurance charges for an existing specialty tier drug on the formulary during the policy or plan year; and requiring thirty days notice prior to the beginning of the policy or plan year"; to the Committee on Banking and Insurance then Health and Human Resources.
By Delegates Williams, Guthrie, Ireland, Lawrence, Mahan, Marshall, C. Miller, Moye and Shaver:
     
H. B. 4528 - "A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended, relating to the taxing of utility terrain vehicles; making an exception for vehicles used for agricultural purposes; and defining utility terrain vehicles as motor vehicles"; to the Committee on Finance.
By Delegates Shaver, Caputo and Doyle:
     
H. B. 4529 - "A Bill to amend and reenact §19-23-13b of the Code of West Virginia, 1931, as amended, relating to increasing opportunities for West Virginia accredited thoroughbred race horses by adding one West Virginia accredited race per day at each thoroughbred track and having West Virginia accredited races not count in condition eligibility for open races at West Virginia thoroughbred racetracks"; to the Committee on the Judiciary then Finance.
By Delegates White, Varner, Boggs, R. Phillips, Andes, Morgan, Stowers and Poore:
     
H. B. 4530 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-4f, relating generally to authorizing the Public Service Commission of West Virginia to consider and authorize the recovery of certain expanded net energy costs by certain electric utilities through the issuance of consumer rate relief bonds, where such financing is reasonably expected to result in cost savings and rate mitigation to customers when compared traditional financing or cost-recovery methods"; to the Committee on Finance.
By Delegates Canterbury and T. Campbell:
     
H. B. 4531 - "A Bill to amend and reenact §19-23-12b of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22A-10 of said code; and to amend and reenact §29-22C-27 of said code, all relating to providing pension benefits for hotel employees at racetracks for which table games licenses have been issued"; to the Committee on Pensions and Retirement then Finance.
Special Calendar

Unfinished Business

     
H. C. R. 57, The "Pearsall Land Grant Trace"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
     Com. Sub. for H. B. 3177, Permitting an owner who sells real property pursuant to a deed of trust to terminate a preexisting tenancy,
     Com. Sub. for H. B. 4104, Authorizing professional licensing boards to exempt certain licensees from continuing education requirements,
     Com. Sub. for H. B. 4111, Relating to the authority by state boards of examinations and registration to apply for an injunction,
     Com. Sub. for H. B. 4206, Authorizing the Department of Transportation to promulgate legislative rules,
     Com. Sub. for H. B. 4345, Prohibiting the unauthorized sale of railroad scrap metal,
     And,
     Com. Sub. for H. B. 4390, Uniform Power of Attorney Act.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     S. B. 209, Updating terms in Personal Income Tax Act,
     S. B. 210, Updating terms in Corporation Net Income Tax Act,
     And,
     H. B. 4087, Continuing the discontinuance of the severance and business privilege tax on the privilege of severing timber.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Fragale, Moore and Skaff.
     At 11:44 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 15, 2012.

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