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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)
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Day 03 (01-13-2012)
Day 06 (01-16-2012)
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Day 45 (02-24-2012)
Day 48 (02-27-2012)
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Day 58 (03-08-2012)
Day 61 (03-11-2012)
hdj2012-02-23-44


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Thursday, February 23, 2012

FORTY-FOURTH DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Wednesday, February 22, 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.
     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 Hatfield, Guthrie, Skaff, Poore, Wells and Brown offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 82 - "Requesting the Joint Committee on Government and Finance to study the policies, procedures, issues and recommendations related to assuring the safety of state employees or employees providing contractual services on behalf of the State of West Virginia who are required to make field, community or home visits to clients, consumers or members of the public."
     Whereas, The State of West Virginia employs many dedicated workers who are required to provide essential health, social, therapeutic, protective, environmental, enforcement, educational, and community services to clients, consumers and citizens of our state; and
     Whereas, The State of West Virginia has a contractual relationship with many individuals, professionals, agencies and organizations who provide, on behalf of the state, a variety of health, social, therapeutic, protective, environmental, enforcement, educational and community services to clients, consumers and citizens of our state; and
     Whereas, It is in the best interest of these workers and the State of West Virginia to assure the safety of every worker by regularly enacting, maintaining, reviewing and updating safety policies, procedures, systems, technology and equipment; and
     Whereas, The Legislature finds that it should take an active role in studying, formulating and implementing resources and programs that provide for the safety of workers to better assist them and the effective provision of services; and
     Whereas, The interim provides the Legislature a means to continuously monitor and develop various programs and resources to assist such workers; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to conduct a study of the policies, procedures, issues, and recommendations related to assuring the safety of state employees or employees providing contractual services on behalf of the State of West Virginia who are required to make field, community or home visits to clients, consumers or members of the public; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegates Sobonya, C. Miller, Stephens, Reynolds, Craig and Morgan offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 83 - "Requesting the Division of Highways to name bridge number 6-160/4-0.01 at the entrance to Linmont Estates, off Route 60, in Barboursville, Cabell County, the 'Vernon Craddock Memorial Bridge'."
     Whereas, Vernon Craddock was born on April 28, 1933 and died on January 16, 2012; and
     Whereas, Vernon Craddock was a proud veteran of the United States Air Force, served during the Korean Conflict and was an active member of the 320th Squadron and 90th SRW and attended yearly Air Force reunions; and
     Whereas, Vernon Craddock was a member of the Main Street Church of Christ in Hurricane; and
     Whereas, Vernon Craddock was an entrepreneur of multiple businesses, including Craddock Department and Shoe stores, V & S Distributing and owner and developer of Linmont properties, homes, townhouses and apartments; and
     Whereas, Vernon Craddock served as board member to the Tri-State Homebuilder's Association and his pride and joy was building and constructing the Linmont Bridge crossing Mud River from Route 60 into Linmont Estates; and
     Whereas, Vernon Craddock was an avid NASCAR fan and attended many races and traveled to many "Wizard of Oz" events around the country becoming friends with many of the actors and actresses who played Munchkins in the 1939 motion picture; and
     Whereas, Vernon Craddock enjoyed feeding the deer and birds in his back yard and met and had coffee with his good friends and buddies at Hardee's where they discussed and resolved the world's and community issues and problems; and
     Whereas, It is fitting to honor Vernon Craddock for his commitment, dedication and businesses in Cabell County and the State of West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 6-160/4-0.01 at the entrance to Linmont Estates in Barboursville, Cabell County, the "Vernon Craddock 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 Vernon Craddock 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, his loving wife of seventeen years, Jane Stowers Craddock, his stepson, Christopher Lane and his sister, Claudia Craddock Lawrence.
     Delegate Walker offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 84 - "Requesting the Division of Highways to name bridge number 8-15/4-7.10 in Widen, Clay County, West Virginia, the 'First Lieutenant Charles (Chuck) Barrett II Memorial Bridge'."
     Whereas, First Lieutenant Charles Barrett II was born in 1943, the son of Charles and Mary Barrett; and
     Whereas, First Lieutenant Charles Barrett II was raised in Widen, was an Eagle Scout and graduated from Widen High School; and
     Whereas, First Lieutenant Charles Barrett II attended West Virginia Institute of Technology before entering the United Sates Army; and
     Whereas, First Lieutenant Charles Barrett II attended Officers Candidate School and became an Army Ranger; and
     Whereas, First Lieutenant Charles Barrett II began his tour of duty in Vietnam in September 1966 and was killed in action on July 23, 1967 at Pleiku, South Vietnam; and
     Whereas, It is only fitting and proper that this bridge be named after First Lieutenant Charles Barrett II so that his supreme sacrifice will not be forgotten; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways name bridge number 8-15/4-7.10 in Widen, Clay County, West Virginia, the "First Lieutenant Charles (Chuck) Barrett II 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 "First Lieutenant Charles (Chuck) Barrett II Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to his sister, Harriet Rhodes of Albuquerque, New Mexico and to the Secretary of the Department of Transportation.
     Delegates R. Phillips, Stowers and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 85 - "Requesting that bridge number 23-11/3-0.909 on Route 80 in Man, Logan County, West Virginia, be named the 'Cox Joe Gollie Memorial Bridge'."
     Whereas, Mr. Joe Gollie was born on April 10, 1924, to Bruno and Pricie (May) Gollie in Mingo County, West Virginia; and
     Whereas, Mr. Joe Gollie spent most of his life in Logan County, residing and attending schools in Man, West Virginia; and
     Whereas, Mr. Gollie entered the U.S. Navy on August 4, 1942, serving as an armed guard and, throughout his service, participating in the Pacific, the European and the North African theaters of operation; and
     Whereas, While in the United States Navy, Mr. Joe Gollie achieved the rank of Coxswain (Cox) and was an E-4 Boatswain's Mate; and
     Whereas, Mr. Gollie, in 1944, was a sailor on the U.S. Armed Merchant Vessel S.S. Andrew G. Curtain when it was sunk in action by a German submarine on January 26, 1944, while on Murmansk Run in the North Atlantic Ocean; and
     Whereas, During the sinking of the S.S. Andrew G. Curtain, Mr. Gollie abandoned ship in the cold waters of the North Atlantic and was picked up by the HMS Inconstant which took him to Vaenga, Russia, on January 28, 1944; and
     Whereas, After being transported by ship to Vaenga, Russia, Mr. Gollie was taken by tugboat to Murmansk, Russia, on January 29, 1944; and
     Whereas, The S.S. Phillip Livingston took Mr. Gollie from Murmansk, Russia, to Gourock, Scotland, arriving on March 13, 1944, and, from here, Mr. Gollie boarded the S.S. Albert C. Ritchie on April 1, 1944, arriving in New York on April 3, 1944; and
     Whereas, Following his return to the states in April, 1944, Mr. Gollie served on the U.S. Armed Merchant Vessel S.S. William Webb and the U.S. Armed Merchant Vessel S.S. Charles Wilson Peale; and
     Whereas, Coxswain Joe Gollie received an honorable discharge from the United States Navy in 1945; and
     Whereas, Mr. Gollie was awarded several medals for his service to our state, nation and world including the American Campaign Medal, the Asiatic Pacific Campaign Medal, the European- African-Middle Eastern Campaign Medal with Bronze Star, the Good Conduct Medal and the World War II Victory Medal; and
     Whereas, When not engaged in protecting our nation, our lives and our values, Mr. Gollie continued to serve his state and his country as a lifelong coal miner in Logan County, West Virginia, marrying Mildred Frances Montgomery and having two children, Joseph S. Gollie and Sheila Rene (Combs) Gollie; and
     Whereas, Mr. Joe Gollie served his country and his state with honor and distinction and ready to give the ultimate sacrifice if need be; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Division of Highways is hereby requested to name bridge number 23-11/3-0.909 on Route 80 in the City of Man, Logan County, West Virginia, the "Cox Joe Gollie Memorial Bridge, United States Navy, Died: June 8, 1996"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "Cox Joe Gollie Memorial Bridge, United States Navy, Died: June 8, 1996"; 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, to Mr. Gollie's children, Joseph S. Gollie of Danville, West Virginia, and Shelia Rene (Combs) Gollie of Man, West Virginia, and to the Daniel Boone VFW Post 5578.
     Delegates Howell, Andes, Ashley, Carmichael, Evans, Iaquinta, Marshall, Moore, Pasdon, Poore, Rowan, Shaver, Sigler, Snuffer and Walters offered the following resolution, which was read by the Clerk as follows:
     H. C. R. 86 - "Requesting the Division of Highways to name the bridge on US Route 50 in Burlington, Mineral County, bridge number 29-50-18.78, the 'USMC PFC Woodrow Wilson Barr Memorial Bridge'."
     Whereas, PFC Woodrow Wilson Barr was born on June 8, 1918, in Keyser, Mineral County, West Virginia; and
     Whereas, PFC Woodrow Wilson Barr was a graduate of Parsons High School; and
     Whereas, PFC Woodrow Wilson Barr enlisted in the United States Marine Corp on January 13, 1942, completing recruit training at Parris Island, South Carolina, before training at Quantico, Virginia; and
     Whereas, PFC Woodrow Wilson Barr was deployed to the Pacific Theater on April 28, 1942 as a part of the 1st Marine Raider Battalion; and
     Whereas, PFC Woodrow Wilson Barr was one of forty-five Marines who were killed in action during the U.S. recapture of Tulagi, Solomon Islands from the Japanese on August 7, 1942; and
     Whereas, PFC Woodrow Wilson Barr was posthumously awarded the Silver Star and Purple Heart Medal; and
     Whereas, It is fitting and proper that PFC Woodrow Wilson Barr be remembered and acknowledged for his courageous action and ultimate sacrifice; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name bridge number 29-50- 18.78 on US Route 50, in Burlington, Mineral County, the "USMC PFC Woodrow Wilson Barr Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "USMC PFC Woodrow Wilson Barr 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 Mineral County Historical Society.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 86) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Delegates Howell, Andes, Ashley, Carmichael, Cowles, Evans, Hall, Ireland, Lane, Marshall, Moore, Nelson, Pasdon, R. Phillips, Poore, Rowan, Savilla, Shaver, Sigler, Snuffer, Staggers and Walters offered the following resolution, which was read by the Clerk as follows:
     H. C. R. 87 - "Requesting the Division of Highways to name the approximate four- mile section of road on West Virginia Route 46 between the city limits of Keyser and the city limits of Piedmont, Mineral County, the 'U.S. Army Tech/Sgt. James "Aubrey" Stewart Memorial Highway'."
     Whereas, Technical Sergeant James "Aubrey" Stewart was born to James H. and Emma B. Stewart on September 6, 1906, in Piedmont, Mineral County, West Virginia, the youngest of six siblings; and
     Whereas, Technical Sergeant James "Aubrey" Stewart attended Howard High School as a youth and later, became a renowned left-handed pitcher for his hometown baseball team, the Piedmont Giants Negro baseball team; and
     Whereas, By the time Aubrey Stewart volunteered for service in World War II, at the age of thirty-six, he was already eighteen years into his career with the West Virginia Pulp and Paper Company in Luke, Maryland; and
     Whereas, Aubrey Stewart was inducted into the U.S. Army at Clarksburg, West Virginia, on December 7, 1942, trained at Camp Gruber and Fort Sill, Oklahoma, and sent overseas, to Belgium, in January, 1944, as part of the 333rd Field Artillery Battalion, an all-black unit sent to Europe following the invasion of Normandy; and
     Whereas, While stationed in Belgium, Staff Sergeant Aubrey Stewart's unit performed in an exemplary manner but when Hitler sprang his surprise counterattack on December 16, 1944, in what became known as the Battle of the Bulge, Stewart and his unit found themselves 11 miles behind enemy lines; and
     Whereas, Outnumbered and overrun, Stewart and ten of his fellow artillerymen made their way to a Belgian village, Wereth, where a sympathetic farmer named Mathias Langer hid them in a barn on the outskirts of town along with several German deserters; and
     Whereas, After a German unit was advised of the unit's whereabouts by a local resident, Staff Sergeant Aubrey Stewart and his comrades surrendered rather than jeopardize the lives of Mathias Langer and his family; and
     Whereas, The day following the surrender of Stewart's unit, Staff Sergeant Stewart and the remaining men of his unit were found slaughtered in a field behind Mathias Langer's farmhouse and, despite the obvious torture, had not divulged the name of the Allies sympathizer, Mathias Langer, who, along with his family, would have assuredly been killed for hiding the army unit; and
     Whereas, Staff Sergeant Aubrey Stewart was a recipient of the Purple Heart for his heroism and sacrifice; and
     Whereas, Fifty years after the torture and mass murder of Aubrey Stewart's unit, the Langer's daughter told an American television reporter that the soldiers' silence saved the lives of the family and possibly the rest of the town; and
     Whereas, While the parents of Staff Sergeant Aubrey Stewart were notified in January 1945, that their son was missing in action and later, that he had been killed, it was not until 1996 that Aubrey Stewart's family learned of his fate, the circumstances of his death and his heroism; and
     Whereas, The Belgiums have been honoring Staff Sergeant Stewart and the remaining ten forgotten men of his unit for over sixty years and it is proper and fitting that Aubrey Stewart be honored in his home state of West Virginia for giving his life to save the world; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Division of Highways is hereby requested to name the approximate four-mile stretch of road in Mineral County on West Virginia Route 46 between the city limits of Keyser and the city limits of Piedmont, the "U.S. Army Tech/Sgt. James 'Aubrey' Stewart Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to cause to have made two signs that state, in bold and prominent lettering, the "U.S. Army Tech/Sgt. James 'Aubrey' Stewart Memorial Highway", and to erect these signs on either end of the approximate four-mile stretch of road on West Virginia Route 46, between the city limits of Keyser and the city limits of Piedmont; 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, to TJ Coleman of The Aubrey Stewart Project and to Aubrey Stewart's surviving next of kin, Patricia A. Stewart Bartlett of Cumberland, Maryland; Sonya Kay Corbett of Columbus, Ohio; Mary Eleanor Freeman of Cincinnati, Ohio; Margie Gail Green of Charleston, West Virginia; Ellen Crawford of Charleston, West Virginia; Mr. and Mrs. Harry Norman Stewart of Charleston, West Virginia; Mr. and Mrs. Clifton Green of Cincinnati, Ohio; Mr. and Mrs. Ken Green of Arlington, Texas; Mr. and Mrs. Richard Green of Huber Heights, Ohio; Norma Peck of Charleston, West Virginia; Dr. and Mrs. Richard Rhodes of Cincinnati, Ohio; James M. Stewart of Greenbelt, Maryland; Jeff Stewart of Alpharetta, Georgia; Paul Stewart Walker of Columbus, Ohio; William D. Walker of Martinsburg, West Virginia; Waynetta Holloway of Fairmont, West Virginia; and Jacquelyn Washington of Keyser, West Virginia.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 87) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Ninth Order of Business for the purpose of considering a resolution on Unfinished Business.
Unfinished Business

     The Clerk then reported H. R. 13, Celebrating the history and contributions of the Bluefield Coal Show to Mercer County and the West Virginia coal industry.
     On motion of Delegate Boggs, H. R. 13 was taken up for immediate consideration and 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. 20, The "SP5 Lynn Waitman Peters Memorial Bridge",
     H. C. R. 74, Requesting the state congressional delegation to ask the US Department of State to make certain demands on the government of the United Arab Emirates,
     H. C. R. 76, The "Cory Matthew Price Memorial Road",
     And,
     H. C. R. 81, The "Joe 'Bug' Marcum Memorial Bridge",
     And reports the same back with the recommendation that they each be adopted.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4030, Prioritizing the payment of fees, costs, bonds, fines or other sums charged or assessed in magistrate courts in civil and criminal matters,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4030 - "A Bill to amend and reenact §50-3-2a of the Code of West Virginia, 1931, as amended, relating to prioritizing the partial payment of costs, fines, fees, forfeitures, restitution, penalties or other costs imposed in a magistrate court in civil and criminal matters,"
     H. B. 4068, Providing that antique motor vehicles be valued at their salvage value for personal property tax purposes,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4068 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1C-5c, relating to the valuation of antique motor vehicles and classic motor vehicles for purposes of ad valorem property taxes,"
     H. B. 4281, Increasing the supplemental pay of members of the West Virginia State Police,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4281 - "A Bill to amend and reenact §15-2-5 of the Code fo West Virginia, 1931, as amended, relating to the supplemental pay of members of the West Virginia State Police,"
     H. B. 4332, Relating to transfer of service credit from Public Employees Retirement System to Emergency Medical Services Retirement System,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4332 - "A Bill to amend and reenact §16-5V-9 of the Code of West Virginia, 1931, as amended, relating to transfer of service credit from Public Employees Retirement System to Emergency Medical Services Retirement System,"
     H. B. 4392, Compensating all state magistrates, magistrate assistants, magistrate court clerks equally,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4392 - "A Bill to amend and reenact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a, of the Code of West Virginia, 1931, as amended, all relating to generally to the magistrate court system; providing compensation for magistrates, magistrate assistants, magistrate court clerks and magistrate court deputy clerks; and authorizing judges to appoint magistrate court clerks in certain circumstances,"
     And,
     H. B. 4475, Reducing federal adjusted gross income for recent graduates of higher education institutions,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4475 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4, §11-13CC-5 and §11-13CC-6, all relating to providing a tax credit for persons who graduate with a bachelor's or graduate degree in the area of science, technology, engineering, mathematics, nursing or teaching from any regionally accredited in-state or out-of-state higher education institution or any regionally accredited in-state community and technical college and who thereafter continue to reside in this state,"
     With the recommendation that the committee substitutes each do pass.
     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. 4488, Reforming, altering or modifying a county commission,
     And reports back a committee substitute therefor, with a new title, as follows:              Com. Sub. for H. B. 4488 - "A Bill to amend and reenact §7-1-1 and §7-1-1a of the Code of West Virginia, 1931, as amended, all relating to county commissions; reforming, altering or modifying a county commission; providing an option for the election of additional commissioners to a county commission; setting forth examples of county commissions; providing an option for the election of county council members by magisterial district; and removing the 'county administrator - county commission' option of county government as duplicative of the 'county manager' option,"      With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for S. B. 4488) to the Committee on the Judiciary 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. 4274, Expanding the authority of the Commissioner of Banking over regulated consumer lender licensees, and providing a penalty for violations,
     And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4645, Changing the membership requirements for a board of governors,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4645 - "A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia, 1931, as amended, relating to eligibility requirements for state institution of higher education boards of governors,"
     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. 4357, Modifying the bonding requirement for closing-out sales,
     And,
     H. B. 4648, Implementing a domestic violence court pilot project,
     And reports the same back with the recommendation that they each do pass.
Messages from the Executive

     Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on February 22, 2012, he approved H. B. 4291, S. B. 209 and S. B. 210.        
Special Calendar

Unfinished Business

     
H. C. R. 6, The "John Charles Giese Memorial Bridge"; 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.
     H. C. R. 32, Erecting signs at either end of Quite Dell, Harrison County, that reads "Home of Hershel Woodrow 'Woody' Williams: United States Congressional Medal of Honor Recipient"; 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.
     H. C. R. 48, The "John W. Pyles Bridge"; 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.
     H. C. R. 70, The "Jones Brothers Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk.
     On motion of Delegate Boggs, the resolution was laid over one day.
     H. C. R. 77, Declaring that the month of September be proclaimed as Take Pride in America Month beginning with September, 2012; 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.
Third Reading

     Com. Sub. for H. B. 2657, West Virginia Religious Freedom Restoration Act; 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. 97), and there were--yeas 92, nays 2, absent and not voting 6, with the nays and absent and not voting being as follows:
     Nays: Doyle and Wells.
     Absent and Not Voting: Barker, Brown, Fleischauer, Fragale, Nelson and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2657) 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. 4020, Recognizing outstanding students who are top scorers on certain statewide tests; 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. 98), 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: Barker, Fleischauer, Fragale, Nelson and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4020) 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. 4049, Requiring the Department of Environmental Protection to maintain an Office of Internal Auditing; 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. 99), 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: Barker, Fleischauer, Fragale, Nelson and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4049) 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. 4260, Relating to insurance coverage for autism spectrum disorders; 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. 100), 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: Barker, Fragale, Nelson and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4260) 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. 4327, Requiring pulse oximetry testing for newborns; 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. 101), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Gearheart.
     Absent and Not Voting: Barker, Fragale, Nelson and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4327) 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. 4451, Ensuring that county executive committees have control of designating the persons who serve as ballot commissioner; 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. 102), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: J. Miller and Sobonya.
     Absent and Not Voting: Barker, Fragale, Nelson and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4451) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     Com. Sub. for S. B. 379, Authorizing Board of Registered Professional Nurses designate certain treatment and recovery programs for licensees; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for H. B. 2740, Making covenants that restrict the installation or use of solar energy systems unenforceable; on second reading, coming up in regular order, was read a second time.
     On motion of Delegate Howell, the bill was amended on page two, section seventeen, line eleven following the word "unenforceable", by striking out the period and inserting "Provided, That in instances involving a housing development or association, an association may, by vote of its members, establish or remove a restriction that prohibits or restricts the installation or use of a solar energy system."
     On motion of Delegate Howell, the bill was also amended on page three, section nineteen, line twenty-three, following the word "systems", by striking out the period and inserting the words "including restrictions for historical preservation, architectural significance, religious or cultural importance to a given community."
     There being no further amendments, the bill was ordered to engrossment and third reading.
     Com. Sub. for H. B. 4028, Authorizing the temporary suspension of certification of emergency medical service personnel or licensure of emergency medical service agencies without a hearing or prior notice if there is probable cause; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 4037, Relating to the professional and occupational licensure and registration of former and current members of the Armed Forces of the United States; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 4530, Authorizing the Public Service Commission to consider and issue a financing order to certain regulated electric utilities to permit the recovery of expanded net energy costs; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 4630, Modifying the membership of the Braxton County Recreational Development Authority; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for H. B. 2278, Authorizing the use of additional medium for use in archiving government records,
     Com. Sub. for H. B. 4236, Relating to exclusions from the definition of professional personnel for evaluation purposes,
     H. B. 4322, Adding coyote and fox to the list of species in which any color artificial light is permitted for hunting at night,
     H. B. 4328, Removing bobcats from the list of species requiring a field tag,
     Com. Sub. for H. B. 4424, Relating to modified mental hygiene procedures,
     Com. Sub. for H. B. 4486, Relating to the disclosure of insurance coverage,
     And,
     H. B. 4583, Changing certain deadlines associated with the termination, resignation and transfer of school personnel.

Leaves of Absence

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

     Delegate Armstead asked and obtained unanimous consent that the remarks of Delegate Gearheart regarding turnpike tolls be printed in the Appendix to the Journal.
     At 12:15 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 24, 2012.

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