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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)
hdj2012-02-17-38


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Friday, February 17, 2012

THIRTY-EIGHTH 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 16, 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 applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
Committee Reports

     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4126, Authorizing legislative rules for the Higher Education Policy Commission and Council for Community and Technical College Education,
     And reports the same back with the recommendation that it do pass.
     On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Perry, Smith, Shaver, Lawrence, M. Poling, Paxton, Crosier, Marcum, Barill, Duke and Rowan:
     
H. B. 4572 - "A Bill to amend and reenact §18-20-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-2-4 of said code; and to amend and reenact §18A-4-8 and §18A-4-8a of said code, all relating to school service personnel classification and compensation; modifying and updating certain classification titles; modifying certain pay grade levels; and providing for additional compensation in certain circumstances."
     The Speaker then referred the bill to the Committee on Finance.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
    H. B. 4429, Mandating that chiefs of police and deputy chiefs of police be reinstated to the officer's previous rank,
     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. 4429) was referred to the Committee on the Judiciary.
     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. 4351, Relating to mine safety,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4351 - "A Bill to amend and reenact §15-5B-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §15-5B-6; to amend said code by adding thereto a new section, designated §22A-1-13a; to amend and reenact §22A-1-4, §22A-1-14, §22A-1-15 and §22A-1-40 of said code; to amend said code by adding thereto a new article, designated §22A-1A-1, §22A-1A-2 and §22A-1A-3; to amend and reenact §22A-2-2, §22A-2-12, §22A-2-16, §22A-2-20, §22A-2-24, §22A-2-43, §22A-2-55 and §22A-2-66 of said code; to amend said code by adding thereto a new section, designated §22A-2-43a; to amend said code by adding thereto two new sections, designated §22A-6-4, §22A-6-13 and §22A-6-14; to amend said code by adding thereto a new section, designated §22A-7-5a, and to amend said code by adding thereto a new section, designated §22A-12-1, all relating to mine safety, generally; requiring coal mine operators to provide reports to and notify certain entities in the event of an emergency; establishing a mine safety anonymous tip hotline; exempting information provided to the hotline from the Freedom of Information Act; permitting the Director of the Office of Miners' Health, Safety and Training to share information regarding certification suspensions or revocations with other states and to promulgate certain legislative rules; requiring a study be conducted regarding mine inspector qualifications, compensation, training and inspections; creating a criminal offense and establishing criminal penalties for providing advance notice of an inspection or an inspector's presence at a mine; increasing civil penalty; requiring operators to conduct substance abuse testing during inspections or investigations upon reasonable suspicion; providing for suspension of mining certificates if substance abuse testing refused; providing for rule-making prior to suspension of mining certificates is authorized; requiring coal mining operators to implement substance abuse screening policy and program for certain persons; providing procedures and minimum requirements of substance abuse screening policy and program; requiring substance abuse screening upon preemployment, rehiring or transfer of miner; requiring coal mine operators to notify the Director of the Office of Miners' Health, Safety and Training of failed screening tests and certain screening policy violations; requiring immediate suspension of miner certificates as a result of suspensions or revocations for substance abuse in other jurisdictions and reciprocity; providing procedure for board of appeals hearings on certification suspensions and judicial review of board decisions; providing exemptions from and exceptions to the disclosure of substance abuse screening results; providing procedure for approval, review, comment and enforcement of mine ventilation plans; expanding payments to idled miners in certain circumstances; increasing the number of days an apprentice must work within sight and sound of mine foreman or experienced miner; requiring methane detectors be maintained in accordance with manufacture specifications and establishing other requirements; expanding scope of preshift examinations and requiring supplemental examinations in certain instances; revising mine ventilation requirements; requiring mine supervisor to verify certain documents; increasing the percentage of rock dust to be maintained in coal mines and providing certain information upon request; prescribing actions required to detect and respond to excess methane gas levels in coal mines; prescribing requirements for persons to operate or repair mining machinery; providing for increased training regarding the use of self-contained self-rescue devices; providing for family of miner participation in investigations in certain circumstances, and limitations thereto; providing additional notification by coal mine operators in the event of an accident; requiring study of and report on the safety of working or traveling in bleeder or gob areas of certain coal mines; requiring study of mandatory substance abuse program; requiring study of and report on education, training and examination associated with certifying miners; updating terms; and requiring a study on enforcement procedures,"
     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. 4134, 4135, 4137, 4139, 4140, 4163, 4168, 4169, 4170, 4172, 4173, 4174, 4175, 4176, 4177, 4181, 4182, 4185, 4188, 4190, 4223, 4226, 4227 and 4231, Authorizing Miscellaneous Agencies and Boards to promulgate legislative rules,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4139 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to fees established by the Board; authorizing the Board of Accountancy to promulgate a legislative rule relating to the Board and rules of professional conduct; authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to general provisions; authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Medicine to promulgate a legislative rule relating to the formation and approval of professional limited liability companies; authorizing the Human Rights Commission to promulgate a legislative rule relating to housing discrimination against persons with disabilities who utilize assistance animals; authorizing the State Auditor to promulgate a legislative rule relating to the transaction fee and rate structure; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the labeling of imported honey, honey products or honey bee by-products and adulterated honey, honey products or honey bee by-products; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to nutrient management certification; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the procedures, criteria and curricula for examinations and licensure of barbers, cosmetologists, manicurists and aestheticians; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to licensing schools of barbering and beauty culture; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to shampoo assistants; authorizing the Courthouse Facilities Improvement Authority to promulgate a legislative rule relating to the Courthouse Facilities Improvement Fund; authorizing the Secretary of State to promulgate a legislative rule relating to the Vote-by-Mail Pilot Project Phase 2: Voting by Mail; authorizing the Secretary of State to promulgate a legislative rule relating to the general management and preservation of state records; authorizing the Board of Professional Surveyors to promulgate a legislative rule relating to the examination and licensing of professional surveyors in West Virginia; authorizing the Nursing Home Administrators Licensing Board to promulgate a legislative rule relating to nursing home administrators; authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to fees for services rendered by the Board; authorizing the Board of Osteopathy to promulgate a legislative rule relating to licensing procedures for osteopathic physicians; authorizing the Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists; authorizing the Board of Pharmacy to promulgate a legislative rule relating to the Uniform Controlled Substances Act; authorizing the Board of Pharmacy to promulgate a legislative rule relating to continuing education for the licensure of pharmacists; and authorizing the Board of Pharmacy to promulgate a legislative rule relating to the licensure of wholesale drug distributors,"
     And,
     H. B. 4157, 4158, 4171, 4191, 4192, 4193, 4194, 4195, 4212, 4213, 4214, 4215, 4217, 4218, 4219, 4220, 4221 and 4222, Authorizing the Bureau of Commerce to promulgate legislative rules,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4220 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Commerce; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Development Office to promulgate a legislative rule relating to Brownfield Economic Development Districts; authorizing the Development Office to promulgate a legislative rule relating to the use of coalbed methane severance tax proceeds; authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to the certification of registered foresters; authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Registration for Foresters to promulgate a legislative rule relating to a code of ethics; authorizing the Division of Forestry to promulgate a legislative rule relating to sediment control during commercial timber- harvesting operations - licensing; authorizing the Division of Forestry to promulgate a legislative rule relating to sediment control during commercial timber-harvesting operations - logger certification; authorizing the Division of Labor to promulgate a legislative rule relating to the Zipline and Canopy Tour Responsibility Act; authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices; authorizing the Office of Miners' Health, Safety and Training to promulgate a legislative rule relating to the application process for the West Virginia Innovative Mine Safety Technology Tax Credit Act; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motor boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to hunting, trapping and fishing; authorizing the Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping; and authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping,"
     With the recommendation that the committee substitutes each do pass.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4511, Creating the Shale Research, Education, Policy and Economic Development Center at West Virginia University,          
     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. 4511) was referred to the Committee on Finance.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4514, Updating the Wholesale Drug Distribution Act of 1991,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 4514) was referred to the Committee on Finance.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4366, Relating to safety and welfare of employees,
     And,
     H. B. 4559, Permitting the Lottery Commission to authorize and regulate limited charity fund raising events,
     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. 4366 and H. B. 4559) 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. 4512, Relating to private investigative and security services,
     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. 4512) was 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. 3104, Relating to health professionals student loan programs,
     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. 3104) was referred to the Committee on Finance.
Messages from the Executive

     The Speaker presented annual reports from various state agencies as required by the provisions of law, as follows:
     Architects, Board of
     Budget Office Report
     Corrections, Division of
     Joint Committee on Government and Finance
          Special Investigations, Commission on
     Library Commission Report
     Natural Resources, Division of
     Rehabilitation Services, Division of
     Respiratory Care, Board of
     Ron Yost Personal Assistance Program
     Special Reclamation Fund Advisory Council
     Supreme Court,
          Family Court Appellate Statistics
     Tax Department
          Tax Credit Review and Accountability Report
     Treasurer's Office
     Veterinary Medicine, Board of
     Workforce WV
     The above- referenced reports are on file in the Clerk's Office.        
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     S. B. 214 - "A Bill to amend and reenact §30-1A-2, §30-1A-3, §30-1A-5 and §30-1A-6 of the Code of West Virginia, 1931, as amended, all relating to professions and occupations; revising the sunrise process; deleting the requirement for substantial change; and providing for sun rise application when establishing a scope of practice"; which was referred to the Committee on Government Organization.
    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. 28 - "Requesting the Secretary of Administration to maintain a permanent display of the history of the construction of the Capitol building in the first-floor rotunda as a monument to the Capitol building and its complex."
     Whereas, There are numerous documents, design plans, blueprints and photographs, which may be converted to digital media, models and other items in the archives of the State Capitol which are representative of and a chronology and living history of the various stages of construction and growth of the State Capitol Building and its expanded complex; and
     Whereas, A permanent display of these items showing the construction in print and digital media and other artifacts will make a fitting tribute and monument to the Capitol building and to those people who participated in the planning and construction of this magnificent edifice; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Secretary of Administration to maintain a permanent display of the history of the construction of the Capitol building in the first-floor rotunda as a monument to the Capitol building and its complex; and, be it
     Further Resolved, That the Secretary of Administration in consultation with the Commissioner of the Division of Culture and History is hereby requested to adopt a plan for presenting a permanent display of the history of the construction of the Capitol building and its complex; 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 Administration and the Commissioner of the Division of Culture and History.
Resolutions Introduced

     Delegate Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 75 - "Requesting the Division of Highways to name a five mile section of State Route 10, also known as McCellan Highway, from the Logan-Lincoln County line to the Harts Veterans Memorial Bridge in Harts, West Virginia, the 'McCellan Highway and Jerry Lee Richards Memorial Highway'."
     Whereas, Jerry Lee Richards was born in Lincoln County in 1950 and died on May 29, 2011; and
     Whereas, Jerry Lee Richards grew up in the Harts-Ferrellsburg area, attended Greenshoal and Ferrellsburg elementary schools, graduated from Harts High School in 1968 and Nashville Diesel School in 1969 and attended the Logan Branch of Marshall University; and
     Whereas, Jerry Lee Richards had an extensive business background, having worked with the Richards Service Station, J & K Construction, J. J. Logging, Harts Fas Chek and Harts Hardware; and
     Whereas, Jerry Lee Richards was always community minded and gave his attention to citizen access to health clinics, the development of cell towers for rural areas and providing access in Lincoln County for the Hatfield-McCoy Trail; and
     Whereas, Jerry Lee Richards was also involved with the safety, maintenance and handicap accessibility of roads and bridges, helped ensure public water was available to rural schools and homes and helped acquire grants and equipment for local fire departments; and
     Whereas, Jerry Lee Richards was also passionate about our democracy and that every person should be heard and have the opportunity to elect representatives to public offices who would be there for the average person; and
     Whereas, It is only fitting and proper that this stretch of road near where Jerry Lee Richards grew up in the Harts-Ferrellsburg area be named after him; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways name a five mile section of State Route 10, also known as McCellan Highway, from the Logan-Lincoln County line to the Harts Veterans Memorial Bridge in Harts, West Virginia, the "McCellan Highway and Jerry Lee Richards Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the road as the "McCellan Highway and Jerry Lee Richards Memorial Highway" on both the northbound and the southbound lanes of that five mile section of State Route 10; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Jerry Lee Richards and to the Secretary of the Department of Transportation.
     Delegates R. Phillips, Butcher, Stowers and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 76 - "Requesting the Division of Highways to rename a one mile section of County Route 03/00, beginning at the northernmost intersection in the town of Chapmanville and ending at the corporate boundary limits, from its current name of Crawley Creek Road to the 'Cory Matthew Price Memorial Road'."
     Whereas, Cory Matthew Price was a native of Chapmanville, West Virginia where he was a member of the first graduating class from Chapmanville Regional High School and was a student at Southern West Virginia Community and Technical College where he was pursuing a degree in paramedic science; and
     Whereas, Cory Matthew Price served Logan County and the state with uncommon distinction for a man of his age, being employed on a full-time basis as an Emergency Medical Technician by the Logan Emergency Ambulance Service Authority, receiving certification in "Swift Water Rescue" and was in the final stages of becoming a certified "Dive and Search Rescuer"; and
     Whereas, Cory Matthew Price was also employed on a part-time basis as a Rope Instructor by the Academy of Mine Training and Emergency Technologies at Southern West Virginia Community and Technical College where he received certification as a Confined Space Rescuer and was deemed a member of a search and rescue team called the "Search Dogs"; and
     Whereas, Cory Matthew Price was actively involved as a volunteer member of the Logan Fire Department and had passed a written examination to become a paid member and had been recognized as the 2011 "Fireman of the Year"; and
     Whereas, Cory Matthew Price was Assistant Safety Officer with the Chapmanville Volunteer Fire Department and was Training Officer for the training of probationary firemen through the department's Junior Fireman program and was recently recognized as the 2011 "Fireman of the Year"; and
     Whereas, Cory Matthew Price volunteered his services as an official trainer for the Chapmanville Regional High School football team and was a longstanding member of the First Church of Christ of Chapmanville; and
     Whereas, On August 8, 2011, Cory Matthew Price at the age of twenty-one died from injuries suffered from an automobile accident; and
     Whereas, The Logan Fire Department retired Cory Matthew Price's unit number of 1029 and named the department's newest ladder truck "Unit 1029" in his honor and the Chapmanville Volunteer Fire Department also retired his unit number of 313, as well as naming truck number 352 "Cory 'Bird' Price" in his honor; and
     Whereas, It is only fitting and proper that this stretch of road be named in his honor as Cory Matthew Price bequeathed a legacy to the citizens of Logan County and the State of West Virginia embodying the finest examples of service and commitment; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways to rename a one mile section of County Route 03/00 beginning at the northernmost intersection in the town of Chapmanville and ending at the corporate boundary limits, from its current name of Crawley Creek Road to the "Cory Matthew Price Memorial Road"; and, be it
     Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the road as the "Cory Matthew Price Memorial Road"; 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, the Town of Chapmanville and Cory Matthew Price's parents, Jerry and Marlene Price.
     Delegates Hamilton, Reynolds, Mr. Speaker, Mr. Thompson, Anderson, Andes, Armstead, Ashley, Azinger, Barill, Barker, Boggs, Border, Brown, Butcher, D. Campbell, T. Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Diserio, Doyle, Duke, Ellem, Ellington, Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Gearheart, Givens, Guthrie, Hall, Hartman, Hatfield, Householder, Howell, Hunt, Iaquinta, Ireland, Jones, Lane, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marcum, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Nelson, O'Neal, Overington, Pasdon, Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Rodighiero, Romine, Rowan, Savilla, Shaver, Sigler, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Talbott, Varner, Walker, Walters, Wells, White and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 77 - "Declaring that the month of September be proclaimed as 'Take Pride in America Month' beginning with September, 2012."
     Whereas, We need a resurgence of patriotism to keep alive the vision our forefathers had, upon which our country was founded; and
     Whereas, We need not only a time to celebrate but also to reflect on the values and principles which has made America a great nation; and
     Whereas, To guarantee the continued remembrance and gratitude of freedom for all future generations, we urge schools and teachers to challenge their students by conducting programs to teach the truths of patriotism so our children can say "I'm proud to be an American" with conviction, understanding and pride; and
     Whereas, With heartfelt thanks we embrace the men and women of all branches of our Armed Forces who made possible the liberty we enjoy today and are still ever vigilant in protecting that liberty; and
     Whereas, Through this resolution, we encourage all West Virginia citizens to join us every September as we "Take Pride in America", to renew their allegiance to our country and participate and use their talents to take part in our wonderful heritage; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Month of September be proclaimed as 'Take Pride in America Month' beginning with September, 2012.
Petitions

     Delegates Hall, L. Phillips, R. Phillips, White and Moore presented a petition in support of additional funding for the prevention of substance abuse; 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 Delegate Azinger:
     
H. B. 4573 - "A Bill to amend and reenact §5-10-24 of the Code of West Virginia, 1931, as amended, relating to requiring spouse approval of election of annuity option"; to the Committee on Pensions and Retirement.
By Delegates Staggers and Doyle:
     
H. B. 4574 - "A Bill to amend and reenact §30-10-8 of the Code of West Virginia, 1931, as amended, relating to licensure of veterinarians; and allowing the licensure of certain veterinarians by endorsement"; to the Committee on Agriculture then Government Organization.
By Delegate White:
     
H. B. 4575 - "A Bill to amend and reenact §61-7-4 the Code of West Virginia, 1931, as amended, relating to requirements for a license to carry a deadly weapon; requiring additional information to be included on the license; and increasing the amount of the license fee disbursed to the State Police"; to the Committee on the Judiciary then Finance.
By Delegate Manypenny:
     
H. B. 4576 - "A Bill to amend and reenact §19-14-3 of the Code of West Virginia, 1931, as amended, relating to agriculture; West Virginia commercial feed law; and prohibiting the use of prophylactic feeding of antibiotics to livestock"; to the Committee on Agriculture then the Judiciary.
By Delegate Poore:
     
H. B. 4577 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-3-1c, relating to requiring that protective fencing be placed along railroad lines operating adjacent to public schools; and rules"; to the Committee on the Judiciary.
By Delegate Pino:
     
H. B. 4578 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to preventing taxpayer subsidization of health insurance covering elective abortions; prohibiting all qualified health plans offered through a state Exchange from including abortion coverage except to prevent the death of the mother; preventing all other health plans, including health insurance contracts, plans or policies, offered outside of the Exchange, but within the state, from providing coverage for elective abortions except by optional separate supplemental coverage for abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Manypenny:
     
H. B. 4579 - "A Bill to amend and reenact §48-10-501 of the Code of West Virginia, 1931, as amended, relating to domestic relations; grandparent visitation; and mandatory minimum visitation rights"; to the Committee on the Judiciary.
By Delegates Nelson, Andes, Moore, T. Campbell, Canterbury, C. Miller, Ellington, Frazier, Ashley, Staggers and Hall:
     
H. B. 4580 - "A Bill to amend and reenact §46A-6A-2 of the Code of West Virginia, 1931, as amended, relating to adding all terrain vehicles to the definition of motor vehicle for purposes of the protections extended to purchasers of new vehicles"; to the Committee on the Judiciary.
By Delegates Poore and Frazier:
     
H. B. 4581 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-9A-4, relating to the provision of funding of civil legal services to low income persons"; to the Committee on the Judiciary then Finance.
By Delegate Miley:
     
H. B. 4582 - "A Bill to amend and reenact §29B-1-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29B-1-3a, all relating to expanding the scope of the Freedom of Information Act to include records held by a nongovernmental body or entity which receives funding from state or local government; creating an exemption if funds are deposited into a dedicated account; and providing effective date"; to the Committee on the Judiciary.
By Delegates M. Poling, Shaver, Caputo, Moye, Perry, Michael, Sumner and Duke:
     
H. B. 4583 - "A Bill to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7 and §18A-2-8a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-7a of said code, all relating to changing certain deadlines associated with the termination, resignation and transfer of school personnel and rehiring of probationary employees; and changing the last date for voluntary transfers prior to beginning of instructional term"; to the Committee on Education then Finance.
By Delegate Caputo:
     
H. B. 4584 - "A Bill to amend and reenact §22A-1-25 and §22A-1-27 of the Code of West Virginia, 1931, as amended, all relating to requiring the Mine Foreman Examiner to review the employment history and certify that the applicant for the position of underground assistant mine foreman has met the underground mine experience requirements for the position"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Armstead:
     
H. B. 4585 - "A Bill to amend and reenact §21-5A-1 of the Code of West Virginia, 1931, as amended, relating to wages for construction of public improvements; and exempting Volunteer Fire Departments from the definition of 'public authority' if they are constructing a facility to replace another one that has been destroyed"; to the Committee on the Judiciary.
By Delegate White
     [By Request of the Secretary of State's Office]:
     
H. B. 4586 - "A Bill to amend and reenact §29A-2-7 of the Code of West Virginia, 1931, as amended, relating to requiring filings in the State Register and the Code of State Rules be available in an electronic format; providing that printed copies of filings and documents are to be available under certain circumstances; providing a fee may be charged for printed copies; providing that the fee may be waived; and clarifying that fifty percent of the fees and amounts collected for the sale of the State Register, the Code of State Rules and other copies or data provided by the Secretary of State shall be deposited in the General Revenue Fund"; to the Committee on the Judiciary then Finance.
By Delegate Marshall:
     
H. B. 4587 - "A Bill to amend and reenact §18-16-2, §18-16-3 and §18-16-4 of the Code of West Virginia, 1931, as amended, all relating to West Virginia's antihazing statute; including a clearer definition of hazing; eliminating further possible defenses; protecting the identities of accusers from the public and applying requirements to all colleges and universities who receive state- funded student aid assistance relating to judicial hearings and remedial remedies"; to the Committee on the Judiciary.
By Delegates Iaquinta, Miley, Talbott, Crosier, Skaff, Walters, Evans, Perry, Frazier and Fragale:
     
H. B. 4588 - "A Bill to amend and reenact §50-2-1 of the Code of West Virginia, 1931, as amended, relating to the jurisdiction of magistrate courts; and increasing the jurisdictional amount in controversy from $5,000 to $12,000"; to the Committee on the Judiciary.
By Delegates Miley, Fragale and Caputo:
     
H. B. 4589 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9A-5-1, §9A-5-2, §9A-5-3, §9A-5-4, §9A-5-5, §9A-5-6 and §9A- 5-7, all relating to establishment of the West Virginia Board of Veteran Education and Support; and authorizing powers and membership"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegate J. Miller:
     
H. B. 4590 - "A Bill to amend and reenact §17B-2B-5 and §17B-2B-7 of the Code of West Virginia, 1931, as amended, all relating to license to operate a motor vehicle with bioptic telescope device; renewal of a Class G license and proof required; and providing that vision report requirement may be waived when a report has already been submitted to the commissioner by a vision specialist on the same licensee within the past twelve months as part of the requirement for annual anniversary of driver licensure and renewal period extended"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Brown:
     
H. B. 4591 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-3h, relating to the establishment of a pilot program for school age expectant mothers, developed by the State Superintendent of Schools and the State Board of Education"; to the Committee on Education then Finance.
By Delegate Householder:
     
H. B. 4592 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-22-3, relating to government construction contracts; and providing specifications for multiple prime contracts for certain public works projects"; to the Committee on Government Organization.
By Delegates Ellington, Walker, Border, Overington, Sobonya, O'Neal, Savilla, C. Miller, Gearheart, Householder and Sigler:
     
H. B. 4593 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the secondary schools athletic commission; and participation by home schooled students"; to the Committee on Education then Finance.
By Delegate Canterbury:
     
H. B. 4594 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7d, relating to requiring inclusion of science fiction reading material in certain existing middle school and high school courses to stimulate interest in the fields of math and science"; to the Committee on Education.
By Delegates Morgan and White
     [By Request of the Secretary of State's Office]:
     
H. B. 4595 - "A Bill to amend and reenact §59-1-2a of the Code of West Virginia, 1931, as amended, relating to annual business fees paid to the Secretary of State; clarifying that limited liability companies, foreign limited liability companies and foreign corporations are required to file annual reports; eliminating criminal penalties; changing a $100 penalty to a $50 late fee for delinquent annual reports; providing a $25 late fee for delinquent annual reports for nonprofit corporations; requiring the Secretary of State to deposit all late fees collected in its general administrative fees account; authorizing the Secretary of State to charge a fee for online purchases of data or conducting transactions online; and authorizing rule making"; to the Committee on Government Organization then Finance.
By Delegates Howell, J. Miller, Savilla and Storch:
     
H. B. 4596 - "A Bill to amend and reenact §60A-11-3 of the Code of West Virginia, 1931, as amended, relating to the remediation of clandestine drug laboratories and disclosure of the existence of the same"; to the Committee on the Judiciary.
By Delegate Sobonya:
     
H. B. 4597 - "A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to permitting volunteer firefighters to automatically qualify for Promise Scholarships; and waiving all other scholarship requirements"; to the Committee on Education then Finance.
By Delegates Manchin, Caputo, Doyle, Guthrie, Longstreth, Manypenny, Moore, Pino, M. Poling and Staggers:
     
H. B. 4598 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-15A-15, relating to the prohibition of single-use plastic bags and to encourage the use of reusable bags"; to the Committee on the Judiciary.
By Delegate J. Miller:
     
H. B. 4599 - "A Bill to amend and reenact §18-7D-6 of the Code of West Virginia, 1931, as amended, relating to the State Teachers Retirement System; and extending the time up until retirement for members to purchase additional service credit for teaching in West Viginia"; to the Committee on Pensions and Retirement then Finance.
By Delegates Doyle, Caputo and Shaver:
     
H. B. 4600 - "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 Iaquinta, Swartzmiller, Longstreth, Pethtel, Fleischauer, Pasdon, Nelson, Staggers, Paxton and Smith:
     
H. B. 4601 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-27, relating to authorizing the West Virginia National Guard to participate in a federal asset forfeiture or sharing program; creating the West Virginia National Guard Counterdrug Forfeiture Fund administered by the Adjutant General; and authorizing the Adjutant General to propose rules"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Hunt, Lawrence, Skaff, Doyle, Stowers, Pethtel and R. Phillips:
     
H. B. 4602 - "A Bill to amend and reenact §11-16-3 and §11-16-8 of the Code of West Virginia, 1931, as amended, all relating to the Nonintoxicating Beer Act; adding a limited liability company to the definition of person under the act and allowing a trust to be an applicant for a distributor license"; to the Committee on the Judiciary then Finance.
By Delegates D. Poling, Caputo, Brown, Butcher, Hamilton, Barill and Ellem:
     
H. B. 4603 - "A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-6-8 of said code, all relating to prohibiting the sale of beer and wine at self-scan registers with application of current penalties associated with other offenses of retail licensees of nonintoxicating beer, beer and wine"; to the Committee on the Judiciary then Finance.
By Delegates Perry, Frazier, Hall and Moore:
     
H. B. 4604 - "A Bill to amend and reenact §11-4-3 of the Code of West Virginia, 1931, as amended, relating to assessment of real property; and providing that real property shall be assessed as 'Used and occupied by the owner thereof exclusively for residential purpose' when the owner or spouse of the owner is residing with a family member, regardless of when the owner or spouse of the owner began residing with a family member"; to the Committee on the Judiciary then Finance.
By Delegates Miley, Moore, Walker, Ferro, Boggs, J. Miller, Manypenny, Michael, Pino, O'Neal and Lane:
     
H. B. 4605 - "A Bill to amend and reenact §48-2-104 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §48-2-701 and §48-2-702; and to amend and reenact §59-1-10 of said code, all relating generally to premarital education; providing a premarital education option to applicants for marriage licenses; providing for minimum requirements concerning the provision of the premarital education; encouraging marriage applicants to participate in premarital education by increased marriage license fees in its absence; and to create a fund for purposes of administering the premarital education"; to the Committee on the Judiciary then Finance.
By Delegates Skaff, Stowers, Pasdon, Hall, Andes, Reynolds, Staggers, Marcum and R. Phillips:
     
H. B. 4606 - "A Bill to amend and reenact §60A-10-3, §60A-10-4, §60A-10-5, §60A-10-7 and §60A-10-8, all relating to the Methamphetamine Laboratory Eradication Act; defining and removing definitions in the Methamphetamine Laboratory Eradication Act; including definition for the National Association of Drug Diversion Investigators or 'NADDI' and 'Multi-State Real-Time Tracking System' or 'MSRTTS'; establishing restrictions on the sale, transfer, or dispensing of ephedrine, pseudoephedrine and phenylpropanolamine by pharmacies; establishing criminal penalties for purchasing, receiving, or possessing certain quantities of ephedrine, pseudoephedrine and phenylpropanolamine; establishing criminal penalties for pharmacies, wholesalers or other entities which sell, transfer or dispense a product under certain circumstances; amending the restrictions on the sale, transfer or delivery of certain designated precursors to the manufacture of methamphetamine or other controlled substances; and requiring certain processing requirements of pharmacists, pharmacy interns, and pharmacy technicians; establishing use and requirements of the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to electronically submit certain information to the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to stop pending sales under certain circumstances; limiting liability of retailers utilizing the Multi-State Real-Time Tracking System under certain circumstances; requiring pharmacies or retail establishments to maintain written logs or electronic record keeping databases under certain circumstances; providing supersession and preemption of all local laws, ordinances, and regulations pertaining to the sale of certain substances; amending reporting requirements and requiring real time electronic reporting of certain information; requiring that reported information is subject to random and warrantless inspection by certain persons; and requiring the National Association of Drug Diversion Investigators to forward certain records to the West Virginia State Police and provide real-time access to the Multi-State Real-Time Tracking System"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates White, Morgan and Manypenny
     [By Request of the Secretary of State's Office]:
     H. B. 4607 - "A Bill to amend and reenact §31D-15-1532 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §31D-15-1533; to amend and reenact §31E-14-1432 of said code; and to amend and reenact §59-1-2 of said code, all relating to providing procedures for foreign profit and foreign nonprofit corporations to be reinstated following administrative revocation; providing for appeals; and establishing a reinstatement fee for domestic and foreign limited liability companies and domestic and foreign corporations after administrative dissolutions"; to the Committee on the Judiciary then Finance.
By Delegates Canterbury, T. Campbell and Anderson:
     
H. B. 4608 - "A Bill to amend and reenact §18B-1B-4 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of Higher Education Policy Commission; requiring that policies and procedures established by the commission ensure that credits, earned by students while attending a college or other in-state higher education institution that is accredited, shall be transferable to another state college or in-state higher education institution if the college or in-state higher education institution attended loses it accreditation; permitting reimbursement of tuition and other costs from college of in-state higher education institution that loses its accreditation; and permitting students to take professional board examinations, where applicable, if the student otherwise qualified before accreditation was lost"; to the Committee on Education then Finance.
By Delegates R. Phillips, Stowers, Varner, Hall, Cann, Skaff, Rodighiero, White, Craig and Boggs:
     
H. B. 4609 - "A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to clarifying that the West Virginia Department of Environmental Protection does not assume a mine operator's obligations or liabilities under the Water Pollution Control Act (§22-11 et seq.) for compliance with the mine operator's National Pollutant Discharge Elimination System ('NPDES') Permit where the West Virginia Department of Environmental Protection performs reclamation at a bond forfeiture site; clarifying that reclamation efforts undertaken by the West Virginia Department of Environmental Protection at bond forfeiture sites are considered construction activities; and providing tax incentives for mine operators who reclaim bond forfeiture sites"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Hartman, Reynolds, Walker and Morgan:
     
H. B. 4610 - "A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-6-1 of said code; and to amend and reenact §17F-1-9 of said code, all relating to revising the definition of 'all-terrain vehicle'; including a definition for 'recreational off-highway vehicle' or 'ROV'; revising the definition of 'utility terrain vehicle'; and authorizing the same restrictions and conditions on the use of recreational off-highway vehicles or ROVs as on all other types of all-terrain vehicles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates T. Campbell, Butcher, Evans, Hatfield and Pasdon:
     
H. B. 4611 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6D-16, relating to motor vehicle administration; daily passenger rental car business; and allowing rental vehicle contracts to include a vehicle licensing cost recovery fee"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Boggs, Ellem, Ferro and Miley:
     
H. B. 4612 - "A Bill to amend and reenact §41-1-6 of the Code of West Virginia, 1931, as amended, and to amend and reenact §42-1-1 of said code, all relating to automatic revocation of a will upon legal separation and excluding from the definition of 'surviving spouse', for purposes of descent and distribution, a person who is a party to a decree of legal separation"; to the Committee on the Judiciary.
By Delegates Boggs, T. Campbell, Varner, Cann and D. Campbell:
     
H. B. 4613 - "A Bill to amend and reenact §31-15A-2, §31-15A-3 and §31-15A-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto fourteen new sections, designated §31-15A-9a, §31-15A-10a, §31-15A-11a, §31-15A-12a, §31-15A-14a, §31- 15A-15a, §31-15A-17c, §31-15A-18a, §31-15A-19a, §31-15A-20a, §31-15A-21a, §31-15A-22a, §31-15A-23a and §31-15A-24a; and to amend and reenact §31-15C-1, §31-15C-2, §31-15C-3 §31- 15C-4, §31-15C-5 and §31-15C-14 of said code, all relating generally to development of broadband infrastructure and broadband deployment in this state; defining terms in West Virginia Infrastructure and Jobs Development Act; expanding number of council members under certain circumstances; requiring that broadband be considered in current and prospective planning for roads and highways; creating Infrastructure Fund for broadband middle mile infrastructure projects and providing for deposits and expenditures from the fund; giving additional powers to Infrastructure and Jobs Development Council regarding broadband middle mile infrastructure project; creating Infrastructure Fund for Broadband Middle Mile Development; providing for disposition of fund on termination or dissolution of council; providing that broadband middle mile projects funded by council to not be considered public improvements or subject to competitive bid requirements; authorizing council to issue broadband middle mile revenue bonds; creating Broadband Middle Mile Infrastructure Debt Service Fund; providing for funding of debt service fund; specifying requirements for and manner of issuance of bonds; providing for contents of trust agreement and trustee for bonds; specifying legal remedies of bondholders, noteholders and trustee; making broadband middle mile infrastructure revenue bonds lawful investments; providing for purchase, cancellation and refunding of bonds; specifying that bonds are not debt of state or any political subdivision thereof and are exempt from taxation; adding additional findings regarding broadband deployment; defining certain terms used in Broadband Deployment Act; adding two members to Broadband Deployment Council; expanding powers and duties of council; extending date for expiration of council; deleting obsolete language and making technical corrections"; to the Committee on Finance.
Special Calendar

Unfinished Business

     
The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
     S. C. R. 15, Requesting DOH name portion of US Rt. 60 in Rainelle, Greenbrier County, "Major Jackie Willard Sanford Street",
     H. C. R. 26, The "Worthington Veterans Bridge",
     And,
     H. C. R. 62, Requesting that the sacrifice and service of the crew members of the U.S.S. West Virginia be recognized and rewarded for their actions during the Battle of Suriago Strait,
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.
     Today being Friday, the House of Delegates proceeded to the consideration of business on the Local Calendar.
Local Calendar

Third Reading

     
H. B. 4415, Authorizing Prince Railroad Station Authority to acquire and maintain the railroad station building; 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. 65), 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: Crosier, Howell, Manchin and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4415) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 66), 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: Crosier, Howell, Manchin and Michael.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4415) 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.
     The Local Calendar having been disposed of, the House of Delegates proceeded to further business on the Special Calendar.
Special Calendar    

-Continued-

Third Reading

     
Com. Sub. for S. B. 343, Providing volunteer and part-volunteer fire departments' grace period to meet eligibility for certain funds allocation; 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. 67), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Crosier, Howell, Kump, Manchin and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 343) passed.
     On motion of Delegate White, the title of the bill was amended to read as follows:
     Com. Sub. for S. B. 343 - "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."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4007, Relating to unemployment benefits for certain spouses of military personnel; 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. 68), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Crosier, Howell, Kump, Manchin and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4007) 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. 4015, Creating the Herbert Henderson Office of Minority Affairs; 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. 69), and there were--yeas 87, nays 8, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Andes, Ellington, Gearheart, Householder, Ireland, J. Miller, Overington and Savilla.
     Absent and Not Voting: Crosier, Howell, Kump, Manchin and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4015) 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. 4018, Granting licensed real estate appraisers access to commercial or residential review documents; 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. 70), and there were--yeas 87, nays 8, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Armstead, Cowles, Duke, Householder, Romine, Savilla, Sobonya and Sumner.
     Absent and Not Voting: Crosier, Howell, Kump, Manchin and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4018) 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. 4299, Authorizing a county board of education to use the services of a bus operator from another county in certain circumstances; 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. 71), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Crosier, Howell, Kump, Manchin and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4299) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 72), and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting being as follows:
     Nays: Gearheart.
     Absent and Not Voting: Brown, Crosier, Howell, Kump, Manchin and Michael.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4299) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 4330, Providing that drivers licenses may contain information designating the licensee as a person who is an honorably discharged veteran; 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. 73), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Brown, Crosier, Howell, Kump, Manchin and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4330) 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. 4338, Raising the maximum value amount of an abandoned motor vehicle; 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. 74), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Brown, Crosier, Howell, Kump, Manchin and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4338) 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. 4403, Changing the filing deadline for certified write-in candidates; 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. 75), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Brown, Crosier, Howell, Kump, Manchin and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4403) passed.
     On motion of Delegate Miley , the title of the bill was amended to read as follows:
     H. B. 4403 - "A Bill to amend and reenact §3-6-4a of the Code of West Virginia, 1931, as amended, relating to changing the filing deadline for certified write-in candidates; and removing provisions related to the filing requirements for an election to fill a vacancy in an elective office that conflict with other sections of code."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4481, Relating to the Comprehensive Behavioral Health Commission; 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. 76), and there were--yeas 80, nays 14, absent and not voting 6, with the nays and absent and not voting being as follows:
     Nays: Andes, Border, Carmichael, Cowles, Ellington, Gearheart, Householder, Lane, J. Miller, Overington, Savilla, Sigler, Snuffer and Sobonya.
     Absent and Not Voting: Brown, Crosier, Howell, Kump, Manchin and Michael.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4481) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     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. 3174, Relating to liquor sampling events,
     H. B. 4119, Providing a definition for an athletic director who is employed by a county board of education,
     Com. Sub. for H. B. 4142, Authorizing the Department of Administration to promulgate legislative rules,
     Com. Sub. for H. B. 4245, Permitting certain auxiliary lighting on motorcycles,
     And,
     Com. Sub. for H. B. 4433, Modifying the criteria for awarding high school diplomas to certain veterans.
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. 30, Providing additional means to notify DMV of purchase of junked vehicle,
     Com. Sub. for H. B. 4053, Relating to abduction, kidnapping and human trafficking,
     Com. Sub. for H. B. 4070, Changing the basis for paying the county salary supplement equivalent pay rate for division of rehabilitation teachers,
     Com. Sub. for H. B. 4088, Repealing the West Virginia telecommunications tax,
     Com. Sub. for H. B. 4398, Declaring certain claims against the state and its agencies to be moral obligations of the state,
     And,
     H. B. 4493, Establishing special memorial days for certain military veterans.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Crosier, Howell, Manchin and Michael.
     At 11:43 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 20, 2012.

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