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House Journal


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hdj2012-02-28-49



__________*__________




Tuesday, February 28, 2012

FORTY-NINTH DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Monday, February 27, 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 Longstreth, Caputo, Manchin, Barker, D. Poling, Staggers and Frazier offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 93 - "Requesting the Joint Committee on Government and Finance to study issues surrounding bullying in the workplace and possible remedies for hostile work environments."
     Whereas, The social and economic well-being of the state is dependent upon healthy and productive employees; and
     Whereas, Between thirty-seven percent and fifty-nine percent of employees directly experience health-endangering workplace bullying, abuse and harassment and this mistreatment is approximately four times more prevalent than sexual harassment alone; and
     Whereas, Workplace bullying, mobbing and harassment can inflict serious harm upon targeted employees including feelings of shame and humiliation, severe anxiety, depression, suicidal tendencies, cardiovascular disease and symptoms consistent with posttraumatic stress disorder; and
     Whereas, Abusive work environments can have serious consequences for employers including reduced employee productivity and morale, higher turnover and absenteeism rates and increases in medical and workers' compensation claims; and
     Whereas, If mistreated employees who have been subjected to abusive treatment at work cannot establish that the behavior was motivated by race, color, sex, sexual orientation, national origin or age, they are unlikely to be protected by the law against such mistreatment; and
     Whereas, Legal protection from abusive work environments should not be limited to behavior grounded in protected class status as that provided under employment discrimination statuses; and
     Whereas, Existing workers' compensation plans and common-law tort actions are inadequate to discourage this behavior or to provide adequate relief to employees who have been harmed by abusive work environments; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study issues surrounding bullying in the workplace and possible remedies for hostile work environments; 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 Frazier, Ellington and Gearheart offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 94 - "Requesting the Division of Highways to name a section of Rt. 104 in Princeton, West Virginia, beginning at the intersection with Rt. 20, known as the Princeton-Athens Crossroads, and extending west on Rt. 104 along Roger Street, Brick Street and Stafford Drive to the intersection with Rt. 19 at the corner of Stafford Drive and Courthouse Road, the 'Hunnicutt Family Highway'."
     Whereas, H.P. and Anne S. Hunnicutt moved to Princeton, West Virginia in the 1930's, after they were awarded a Pepsi-Cola franchise there; and
     Whereas, The Hunnicutt's Pepsi-Cola operation persevered through the Depression, World War II, a coal shortage in the late 1940's and a major plant fire in 1964 to become a thriving and prosperous business. In the 1970's the Hunnicutts added additional Pepsi-Cola bottling franchises in Huntington and Parkersburg, and added other regional warehouses around the state; and
     Whereas, The Hunnicutt's Pepsi-Cola franchises were so successful they were eventually purchased by RKO Bottlers, a subsidiary of RKO Pictures of Hollywood, California; and
     Whereas, The Hunnicutts were investors and partners in numerous other successful business ventures in the Princeton area, and were also active in civic affairs; and
     Whereas, In 1987, H.P. Hunnicutt decided to use the success of his business operations to establish the H.P. and Anne S. Hunnicutt Foundation to give back to the community which had supported him and had helped his Pepsi business survive a depression, a war, a coal shortage and a fire; and
     Whereas, In 1988, the foundation provided funding for its first of many projects in the community when the Anne S. Hunnicutt Stadium was built, which is the home of the Princeton High School Tigers football team; and
     Whereas, Since that beginning, the H.P. and Anne S. Hunnicutt Foundation has provided major funding to numerous other important projects in southern West Virginia, including H.P. Hunnicutt Field, which is the home of the Princeton Rays minor league baseball team and the Princeton High School Tigers baseball team; the Ann "Dink" Stafford Princeton Public Library, which was a $4 million renovation project that turned a former post office into a beautiful new library; the Chuck Mathena Center, which is a modern, state of the art performing arts center; the Princeton High School Soccer Complex; the Mercer County Civil Air Patrol's new headquarters facility; and the Fellowship Hall of the First United Methodist Church; and
     Whereas, In addition to such major "brick and mortar" projects, the H.P. and Anne S. Hunnicutt Foundation has provided support for numerous other projects in southern West Virginia such as establishing wrestling programs at Princeton High School, Bluefield High School and Pikeview High School, and supported numerous charitable organizations such as the Salvation Army and the Tender Mercies Food Ministry; and
     Whereas, Sadly, Anne S. Hunnicutt passed away in 1989 and Harold P. Hunnicutt passed away in 1991, but their wonderful legacy continues today; and
     Whereas, Since their passing, the H.P. and Anne S. Hunnicutt Foundation has been administered by the Hunnicutt children, grandchildren and great-grandchildren, and today the Foundation continues to give back to the community as H.P. and Anne had envisioned at the Foundation's inception in 1987; and
     Whereas, The descendants of H.P. and Anne S. Hunnicutt who have continued the Foundation's work include their late children, Jodi Sarver and her husband, James "Buck" Sarver (also deceased), and Ann "Dink" Stafford and her husband, William "Bill" Stafford; their grandchildren and their wives, Mr. and Mrs. James "Jim" Sarver, Mr. and Mrs. William "Will" Stafford, and Mr. and Mrs. Joseph "Joe" Stafford; and their great-grandchildren and their wives, Mr. and Mrs. James "Rusty" Sarver and Mr. and Mrs. Adam Sarver; and
     Whereas, It is only fitting and proper that we hereby acknowledge the enduring contributions of Harold P. and Anne S. Hunnicutt and their descendants who have done so much to enrich the lives of the people of Princeton and greater southern West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is requested to name a section of Rt. 104 in Princeton, West Virginia, beginning at the intersection with Rt. 20, known as the Princeton-Athens Crossroads, and extending west on Rt. 104 along Roger Street, Brick Street and Stafford Drive to the intersection with Rt. 19 at the corner of Stafford Drive and Courthouse Road, the "Hunnicutt Family Highway"; and, be it
     Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the highway as the "Hunnicutt Family Highway"; 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 the City of Princeton, to William "Bill" Stafford, Mr. and Mrs. James "Jim" Sarver, Mr. and Mrs. William "Will" Stafford, Mr. and Mrs. Joseph "Joe" Stafford, Mr. and Mrs. James "Rusty" Sarver and Mr. and Mrs. Adam Sarver.        
     Mr. Speaker, Mr. Thompson, and Delegates Morgan, Craig, C. Miller, Reynolds, Sobonya, Stephens, Perdue, Anderson, Armstead, Ashley, Boggs, Border, Butcher, T. Campbell, Caputo, Carmichael, Fragale, Frazier, Givens, Hamilton, Hartman, Hatfield, Martin, Miley, Moore, Moye, Paxton, Perry, L. Phillips, R. Phillips, D. Poling, M. Poling, Rodighiero, Smith, Staggers, Stowers, Sumner, Talbott, Varner, Wells and White offered the following resolution, which was read by the Clerk as follows:
     H. R. 31 - "Designating February 28, 2012 as 'Marshall University Day'."        
     Whereas, 2012 marks the 175th anniversary of Marshall University, the oldest institution of higher education in West Virginia founded in 1837 as Marshall Academy in honor of Chief Justice John Marshall; and
     Whereas, Marshall University is one of the state's premier institutions of higher education, and educates more than 14,000 students at campuses in Huntington, Point Pleasant, South Charleston, Beckley, Logan and Gilbert; and
     Whereas, Marshall University offers degrees at the associate, baccalaureate, master's and doctoral levels; and
     Whereas, A university-record 2,003 new freshmen enrolled at Marshall University in fall 2011; and
     Whereas, At this time of unprecedented growth, Marshall University has begun construction on more than $100 million in new capital projects; and
     Whereas, Marshall University has built a national reputation for research in biotechnology, forensics and medicine; and
     Whereas, 10 new high-demand degree majors or programs have recently been launched or are under development; and
     Whereas, With every dollar the State invests in Marshall University, the University generates nearly $20 spent in the West Virginia economy, resulting in an estimated economic output of $1.5 billion per year; and    
     Whereas, Marshall University is creating new, high-value job opportunities through the Marshall Institute for Interdisciplinary Research as part of West Virginia's Bucks for Brains         initiative; and
     Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing serves all 55 state counties providing expertise to manufacturers across West Virginia; and
     Whereas, The Nick J. Rahall, II Appalachian Transportation Institute of Marshall University is setting national standards in transportation; and
     Whereas, Marshall University's Health Sciences train hundreds of West Virginians to serve as doctors, nurses, therapists and health technicians each year; and
     Whereas, Marshall University graduates number nearly 82,000 across the globe; therefore, be it
     Resolved by the House of Delegates:
     That the House hereby designates February 28, 2012, as Marshall University Day; and          Further Resolved, That the House hereby recognizes Marshall University for its tremendous contributions to the State of West Virginia; and, be it
     Further Resolved, That the Clerk forward a copy of this resolution to Stephen J. Kopp, President of Marshall University.
     At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 31) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 4396, West Virginia Fire, EMS and Law-Enforcement Officer Survivor Benefit Act,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4396 - "A Bill to amend and reenact §5H-1-1, §5H-1-2 and §5H-1-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing a death benefit to the surviving spouse or designated beneficiary or contingent beneficiaries of law-enforcement officers who die in the performance their duties,"
     With the recommendation that the committee substitute do pass.
     At the respective requests of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B. 4396) was taken up for immediate consideration, read a first time and ordered to second reading.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 100, Relating to fees collected by circuit court clerks,
     S. B. 205, Relating to construction zone signage,
     S. B. 385, Expanding definition of "computer"in commission of certain crimes,
     Com. Sub. for S. B. 429, Relating to motor vehicle classifications,
     And,
     Com. Sub. for S. B. 434, Providing suggestion and suggestee execution contain certain information,
     And reports the same back with the recommendation that they each do pass.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, without amendment, of concurrent resolutions of the House of Delegates as follows:
     H. C. R. 6, The "John Charles Giese Memorial Bridge",
     H. C. R. 19, The "Staff Sergeant Raymond Armentrout Memorial Bridge",
     H. C. R. 26, The "Worthington Veterans Bridge",
     H. C. R. 30, Requesting a sign honoring Anna Wallace be placed at the intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point,
     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",
     H. C. R. 51, The "Robert Earchil Adams Memorial Bridge",
     H. C. R. 63, The "Dewayne Phillip Morgan Memorial Bridge",
     H. C. R. 72, The "Tim Belt Memorial Bridge",
     H. C. R. 78, The "Staff Sergeant Sidney H. Blankenship Memorial Bridge",
     H. C. R. 86, The "USMC PFC Woodrow Wilson Barr Memorial Bridge",
     And,
     H. C. R. 87, The "U.S. Army Tech/Sgt. James 'Aubrey' Stewart Memorial Highway".
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     Com. Sub. for S. B. 76 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating to requiring new building construction projects of public agencies and projects receiving state funds to be designed and constructed complying with the ICC International Energy Conservation Code and the ANSI/ASHRAE/IESNA Standard 90.1-2007"; which was referred to the Committee on Government Organization then Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 212 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-49b, relating to the disruption of communications and public utility services; defining terms; and establishing criminal penalties"; which was referred to the Committee on Government Organization then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     S. B. 386 - "A Bill to amend and reenact §11-24-13f of the Code of West Virginia, 1931, as amended, relating to taxation of water's-edge corporations; and providing for clarification of the entities to be included in a water's-edge group for corporation net income tax purposes"; which was referred to the Committee on Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 514 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9D-11, relating to providing that any person who maintains a roll-your-own cigarette machine at a retail establishment is deemed a manufacturer of cigarettes and that the resulting product is deemed to be cigarettes sold to a consumer for purposes of the Tobacco Master Settlement Agreement, enforcement of the Tobacco Master Settlement Agreement, tobacco products excise tax and reduced cigarette ignition propensity"; which was referred to the Committee on Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 521 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-27, relating to the subrogation rights of the Public Employees Insurance Agency to recover claims paid on behalf of covered employees and dependents"; which was referred to the Committee on the Judiciary then Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     Com. Sub. for S. B. 547 - "A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to the expungement of certain criminal convictions generally; permitting expungement of certain felony convictions; establishing the amount of time after conviction of felony before expungement may be sought; and creating exceptions"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 572 - "A Bill to amend and reenact §30-7-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §30-7-1a; and to amend and reenact §30-7-15a, §30-7-15b and §30-7-15c of said code, all relating to replacing the term 'advanced nurse practitioner' with 'advanced practice registered nurse'; providing a new definition; making technical corrections; and providing a grandfather clause; permitting the West Virginia Board of Examiners for Registered Professional Nurses to set an application fee; and providing rule-making authority"; which was referred to the Committee on Health and Human Resources then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2012, and requested the concurrence of the House of Delegates in the passage, of

     S. B. 579 - "A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to the Surface Coal Mining and Reclamation Act; special reclamation tax and funds; and continuing and reimposing the special reclamation tax on clean coal mined at an increased rate"; which was referred to the Committee on Finance.
     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. 596
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8C-3a, relating to prohibiting child erotica; creating a misdemeanor offense for producing, possessing, displaying or distributing child erotica; providing criminal penalty; and defining terms"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     S. B. 606
- "A Bill to amend and reenact §60A-7-706 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto six new sections, designated §61-8C-6, §61-8C-7, §61-8C-8, §61-8C-9, §61-8C-10 and §61-8C-11, all relating to forfeiture of certain property; correcting a technical error; stating legislative findings; providing for the forfeiture of certain materials related to recording sexually explicit conduct of minors or soliciting minors; establishing a procedure for seizure of forfeitable property; creating procedures for forfeiture; setting process for disposition and distribution of forfeited moneys, securities and negotiable instruments; and creating process for disposition and distribution of other forfeited properties"; which was referred to the Committee on the Judiciary then Finance.
    A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

     S. B. 646 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-6b, relating to the General Educational Development Diploma (GED); making legislative findings; setting forth legislative intent; and requiring the State Board of Education to study GED issues and make a report with recommendations by a certain date"; which was referred to the Committee on Education.
    A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

     S. B. 650 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2012, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2012"; which was referred to the Committee on Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 656 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4, §16-1C-5, §16-1C-6 and §16-1C-7, all relating generally to requiring health care providers to wear identification badges; setting forth legislative findings and purpose; providing definitions; establishing identification badge requirement; setting forth exemptions; addressing enforcement providing for applicability; and granting rule-making authority"; which was referred to the Committee on Health and Human Resources.
     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. 43 - "Requesting the Division of Highways to name the bridge on U. S. Route 33, crossing Henry's Fork in Roane County, bridge number 44-33-20.43, as the 'Corder Bridge'."
     Whereas, This bridge on the Roane-Calhoun county line has informally been known as the "Corder Bridge" for decades; and
     Whereas, Joseph A. Corder, 1854-1932, owned the land on which the bridge currently stands, having inherited the property, extending into both Calhoun and Roane Counties, from Jeremiah and Sarah Mace, who adopted Joseph at a young age; and
     Whereas, Henry's Fork, the stream that flows beneath the bridge, was named after Henry Mace, an ancestor of Jeremiah; and
     Whereas, The Corder Family was a prominent family in west-central West Virginia; and
     Whereas, Joseph A. Corder was a member of the district board of education and a member of the Roane County Court; and
     Whereas, Joseph A. Corder was instrumental in having the first bridges built in Roane County; and
     Whereas, Edward Corder, Joseph's brother, was a respected attorney in Spencer, West Virginia; and
     Whereas, It is fitting to honor the historical legacy of the Corder family in Roane and Calhoun Counties; and
     Whereas, The Calhoun County Historical Society, the Calhoun County Commission, the Grantsville Lions Club, West Fork Community Action, Inc. and descendants of the Corder family all support the official naming of said bridge as the "Corder Bridge"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the bridge on U. S. Route 33, crossing Henry's Fork in Roane County, bridge number 44-33-20.43, as the "Corder 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 "Corder Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation; the Calhoun County Historical Society; the Calhoun County Commission; the Grantsville Lions Club; West Fork Community Action, Inc; and Harley Downs, representing the Corder family descendants.
     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. 44 - "Requesting the Division of Highways to name a portion of Interstate 79 at the exit 152 (Westover/Morgantown) interchange, as the 'Charles J. Whiston Interchange'."
     Whereas, Charles J. Whiston worked in the local coal mines while attending Morgantown High School and after graduation. He is a lifetime member of Westover United Methodist Church, where he taught Sunday School service of fifty-seven years. He began his outstanding political career as deputy sheriff in the late 1940's and served six years as an elected Monongalia County Commissioner beginning in 1952. He served two terms as elected Mayor of the City of Westover, served as elected State President of the West Virginia Sheriff's Association, served as the State President of the West Virginia County Commissioner Association, was named West Virginia Sheriff of the year in 1975 and 1976 and was honored with an appointment to the West Virginia Sheriff's Bureau by Governor Jay Rockefeller in June, 1979; and
     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. 47 - "Requesting the Division of Highways to name that portion of WV Route 129 in Nicholas County, from its intersection with U. S. Route 19, northeast to its intersection with WV Route 41 in Mt. Nebo, West Virginia, and that portion of WV Route 41, from its intersection with WV Route 129, north to its intersection with U. S. Route 19 in Nicholas County, as 'St. Patrick Boulevard'."
     Whereas, It is fitting that the portions of highway crossing through the community of Mt. Nebo, the home of the annual Mt. Nebo St. Patrick's Day Parade, be named "St. Patrick Boulevard"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name that portion of WV Route 129 in Nicholas County, from its intersection with U. S. Route 19, northeast to its intersection with WV Route 41 in Mt. Nebo, West Virginia, and that portion of WV Route 41, from its intersection with WV Route 129, north to its intersection with U. S. Route 19 in Nicholas County, as "St. Patrick Boulevard"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the aforementioned portions of WV Route 129 and WV Route 41 as "St. Patrick Boulevard"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
     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. 49 - "Requesting the Division of Highways to name County Route 0061/07 in Wyoming County, from the Logan County line, the 'Private Floyd Cline Memorial Highway'."
     Whereas, Floyd Cline was born on June 18, 1890, in Uno, Wyoming County, the son of David and Margaret Toler Cline. The history of his early childhood is not generally known. His participation in World War I presents a story upon which legends are formed. He became the first West Virginian to receive the second-highest award for a soldier, the Distinguished Service Cross for extraordinary heroism, an award requiring the honoree to be saluted by the President of the United States; and
     Whereas, Floyd Cline was awarded the Distinguished Service Cross, for an act of bravery that was termed "his fearlessness" on the Argonne Front in World War I during a fierce battle at a place called Tuilerie Farm near La Charmel, France. The French and American forces were on a little bluff with the outer edge a cliff with several ledges overlooking a river. They were suddenly surprised by heavy artillery and machine gun fire. The forces were ordered to retreat. Before they could, the cliff was lined with dead and wounded soldiers, with many of their comrades knocked into the river by falling rocks struggling with the water for their lives. There are conflicting accounts of what next occurred, but they all agree that Private Floyd Cline did not retreat. Instead, he apparently dived into the river and rescued approximately twenty soldiers. In spite of this act of heroism, Private Floyd Cline was brought up for court martial by his captain for disobeying a command. His captain, knowing why Private Floyd Cline stayed behind, stated that Cline's action was one of the greatest displays of bravery that he had ever witnessed. The captain then recommended that the highest honor for an act of bravery be conferred upon Private Floyd Cline and the case was dismissed; and
     Whereas, Private Floyd Cline was asked to go to Washington, D. C. shortly after his return from the war in 1919 to receive his medal. He refused; and he did not respond to letters from Washington to come and receive the medals and military honors. Years later, Floyd Cline supposedly explained his reasons for refusing the honors because he did not like the high cost of food in Washington nor having to stand at attention for three hours upon his return to the States. He is reported as having said that "They'd never get him back in that town for a million medals". However, it has been opined that Private Floyd Cline having been brought up among the hills believed that he was right in his refusal and he had a sense of appreciation that did not require an array of medals. Private Floyd Cline is buried in Morgan Cemetery at Long Branch, Wyoming County. He belonged to a bygone era and held to a philosophy where the cardinal virtues reign supreme. When asked if he would enlist if there was another war, Private Floyd Cline said, "Yep, I'll join every time they start one". He was a soldier who did not want to stand at attention again and never received, during his lifetime, the proper attribution for his bravery in France. His dedication and commitment to his state and country serve as a great example and reminder to us all and should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name County Route 0061/07 in Wyoming County, from the Logan County Line, the "Private Floyd Cline Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying this section of highway as the "Private Floyd Cline Memorial Highway"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Private Floyd Cline.
     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. 50 - "Requesting the Division of Highways to name bridge number 31-68-9.40 on Interstate 68 crossing Cheat Lake, Monongalia County, West Virginia, the 'Lt. Col. Carroll Baxter Lilly Memorial Bridge'."
     Whereas, Carroll Baxter Lilly was born December 1, 1938, to parents Mildred A. and Raymond P. Lilly; and
     Whereas, Carroll Baxter Lilly was the son of a coal company mine foreman and a public school teacher and the younger brother of Jan Hylton Lilly; and
     Whereas, Carroll Baxter Lilly was raised in various mining communities of Logan County and attended school in Gilbert, Omar and later, Morgantown, West Virginia where he moved with the family when the father began working for Pittsburgh Consolidated Coal Company; and
     Whereas, Carroll Baxter Lilly entered his sophomore year at Morgantown High School, where his main interests were mathematics, mechanical drawing, science and machine shop; and
     Whereas, Carroll Baxter Lilly worked during high school years at Marv's Pizza shop on Campus Drive in the Sunnyside area of Morgantown and, after graduating from Morgantown High School in 1958, managed the shop for a short period; and
     Whereas, Carroll Baxter Lilly joined the United States Air Force, and after earning high scores on aptitude tests, was trained as a navigator, commissioned a Second Lieutenant, and assigned to Schilling Air Force Base, Kansas; and
     Whereas, Carroll Baxter Lilly rose through the ranks in the Air Force, and during the Vietnam War, was classified as a pilot and promoted to the rank of Lieutenant Colonel; and
     Whereas, During a tour of duty Lt. Col. Carroll Baxter Lilly was shot down in southern Laos on April 9, 1971; and
     Whereas, The body of Lt. Col. Carroll Baxter Lilly was never found; and
     Whereas, Lt. Col. Carroll Baxter Lilly was awarded a Purple Heart (Posthumously), Distinguished Flying Cross with one oak leaf cluster, Air Medal with two oak leaf clusters, Air Force Commendation Medal, Combat Readiness Medal, Good Conduct Medal, Vietnam Service Medal and Small Arms Expert Marksman Ribbon; and
    Whereas, It is fitting that an enduring memorial to Lt. Col. Carroll Baxter Lilly be established in recognition of his outstanding service in the United States Air Force, his devotion to duty and his supreme sacrifice for his country; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the Division of Highways to name bridge number 31-68- 9.40 on Interstate 68 crossing Cheat Lake, Monongalia County, West Virginia, the "Lt. Col. Carroll Baxter Lilly Memorial Bridge"; 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 "Lt. Col. Carroll Baxter Lilly Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, and to Mr. Jan H. Lilly, 5104 Black Diamond Ct., Raleigh, NC 27604.
Petitions

     Delegate Evans presented a petition on behalf of the citizens of Grant County in support of upgrading County Route 5; which was referred to the Committee on the Roads and Transportation.
Special Calendar

Unfinished Business

     The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
     Com. Sub. for S. C. R. 16, Requesting DOH name bridge in Wetzel County Ralph Ice Bridge,      S. C. R. 20, Requesting DOH name portion of Wayne County Rt. 35 Crum Brothers Memorial Highway,
     And,
     H. C. R. 84, The First Lieutenant Charles Barrett II Memorial Bridge.
     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.
Third Reading

     Com. Sub. for 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; on third reading, coming up in regular order, was read a third time.
     Delegate Butcher requested to be excused from voting on the passage of Com. Sub. for H. B. 4030 under the provisions of House Rule 49, stating that he was seeking election to the office of magistrate.
     The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 119), and there were--yeas 87, nays 9, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Armstead, Border, Duke, Ellem, Howell, Kump, C. Miller, Savilla and Sobonya.
     Absent and Not Voting: Brown, Craig, Givens and Hunt.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4030) 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. 4068, Providing that antique motor vehicles be valued at their salvage value for personal property tax purposes; 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. 120), and there were--yeas 92, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Householder, J. Miller and Smith.
     Absent and Not Voting: Brown, Craig, Givens, Hunt 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. 4068) passed.
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 121), 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: Brown, Craig, Givens, Hunt and Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4068) takes effect July 1, 2012.
     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. 4257, Providing late voter registration opportunities to individuals covered by the Uniformed and Overseas Citizens Act of 1986; 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. 122), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Gearheart.
     Absent and Not Voting: Brown, Craig, Givens, Hunt 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. 4257) passed.
     An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
     Com. Sub. for H. B. 4257 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-2-6a, relating to voter registration for members of the armed services, Merchant Marines, persons who, by reason of employment or study, resides temporarily outside of the United States, and their spouses or dependents."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4274, Expanding the authority of the Commissioner of Banking over regulated consumer lender licensees, and providing a penalty for violations; 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. 123), 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: Brown, Craig, Givens, Hunt and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4274) passed.
     An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
     H. B. 4274 - "A Bill to amend and reenact §46A-4-103 of the Code of West Virginia, 1931, as amended, relating to the authority of the Commissioner of Banking over regulated consumer lender licensees; authorizing the commissioner to impose a fine or penalty upon a licensee for violation of chapter forty-six-a or chapter thirty-one-a of this Code or any other law or rule that the Division of Banking is authorized to enforce that is applicable to regulated consumer lenders; and providing for an administrative hearing to contest a fine or penalty."
     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. 4281, Increasing the supplemental pay of members of the West Virginia State Police; 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. 124), 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: Brown, Craig, Givens, Hunt 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. 4281) passed.
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 125), 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: Brown, Craig, Givens, Hunt and Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4281) takes effect July 1, 2012.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4328, Removing bobcats from the list of species requiring a field tag; 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. 126), 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: Brown, Craig, Givens, Hunt and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4328) 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. 4332, Relating to transfer of service credit from Public Employees Retirement System to Emergency Medical Services Retirement System; 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. 127), 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: Brown, Craig, Givens, Hunt 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. 4332) 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. 4351, Relating to mine safety; on third reading, coming up in regular order, was read a third time.
     Extensive debate ensued on the passage of the bill.
     During the portion of the debate, the Speaker called Speaker Pro Tempore Fragale to the podium to preside.
     The Speaker, having vacated the Chair, took his place on the floor of the House and spoke on the passage of the bill. 
     At the conclusion of his remarks, the Speaker then again took the Chair and presided over the remainder of the debate.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 128), 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: Brown, Craig, Givens, Hunt 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. 4351) passed.
     On motion of Delegate Miley, the title of the bill was amended to read 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 two new sections, designated §22A-1-13a and 22A-1-40; to amend and reenact §22A-1-4, §22A-1-14 and §22A-1-21 of said code; to amend said code by adding thereto a new article, designated §22A-1A-1, §22A-1A-2, §22A-1A-3 and §22A-1A-4; to amend said code by adding thereto a new section, designated §22A-2-43a; 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 two new sections, designated §22A-6-13 and §22A-6-14; to amend and reenact §22A-6-4 of said code; to amend said code by adding thereto a new section, designated §22A-7-5a; to amend and reenact §22A-7-5 of said code; 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 and criminal penalties; allowing inspectors investigate impaired miners; creating a criminal penalty for willful violation of mine safety laws of rules causing fatality; providing confidentiality of certain meetings relating to violations and mining accidents; excepting certain statements from release under freedom of information act; providing conditions relating to statements to director; allowing designation of certain persons by miner family members to attend interviews and hearings in certain circumstances and providing limitations thereto; providing that Director to prepare list of persons to assist families following accidents; providing for suspension of mining certificates in certain circumstances; 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; allowing operator policies to be more restrictive than minimum statutory requirements; requiring substance abuse screening of all persons in safety sensitive positions; 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; proving rule- making on thresholds and other protocols and requirements; providing internal effective date; revising procedure for approval, review, comment and enforcement of mine ventilation plans; increasing the number of days an apprentice must work within sight and sound of mine foreman or experienced miner; authorizing additional training when conduct creating hazardous condition at mine; requiring methane detectors be maintained in accordance with manufacturer specifications; requiring periodic review copies of fire boss books by the mining superintendent or senior person at the mine, and duties thereto; directing director to proscribe fire boss book; revising examination and reporting requirements relating to certain shift inspections; 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; establishing new safety levels and testing requirements relating to methane and providing for rules relating thereto; prescribing requirements for persons to operate or repair mining machinery; providing for increased training regarding the use of self-contained self-rescue devices; providing additional notification by coal mine operators in the event of an accident; allowing reduction of civil penalties when mitigating circumstances exist; authorizing board to conduct investigation in accidents resulting in a fatality; requiring study of and report on the safety of working or traveling in bleeder or gob areas of certain coal mines; requiring studies of expanding certification and mandatory substance abuse program and authorizing emergency rule-making by the Board and Director relating thereto; directing additional education for certain miners rights and protections; requiring study of and report on education, training and examination associated with certifying miners; and requiring a study and report on enforcement procedures.
"
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
* * * * * * * *

     
On the passage of the bill, Delegates' remarks were requested to be printed in the Appendix to the Journal, as follows:
     Delegate Marshall's remarks, requested by Delegate Snuffer.
     The Speaker's and Delegate Caputo's remarks, requested by Delegate Boggs
     Delegate Butcher's remarks, requested by Delegate Walker.
     Delegates Armstead, Hamilton and Snuffer's remarks, requested by Delegate Lane.
* * * * * * * *

     H. B. 4357
, Modifying the bonding requirement for closing-out sales; 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. 129), and there were--yeas 95, nays one, absent and not voting 5, with the absent and not voting being as follows:
     Absent and Not Voting: Brown, Craig, Givens, Hunt and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4357) 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. 4392, Compensating all state magistrates, magistrate assistants, magistrate court clerks equally; on third reading, coming up in regular order, was read a third time.
     Delegate Butcher requested to be excused from voting on the passage of Com. Sub. For H. B. 4030 under the provisions of House Rule 49, stating that he was seeking election to the office of magistrate.
     The Speaker replied that Delegate Butcher was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse him from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 130), and there were--yeas 65, nays 30, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Azinger, Border, Carmichael, Duke, Ellington, Evans, Gearheart, Householder, Howell, Ireland, Kump, Lane, Martin, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch and Sumner.
     Absent and Not Voting: Brown, Craig, Givens, Hunt 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. 4392) passed.
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 131), and there were--yeas 66, nays 29, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Border, Carmichael, Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Householder, Howell, Ireland, Kump, Lane, Martin, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch and Sumner.
     Absent and Not Voting: Brown, Craig, Givens, Hunt and Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4392) takes effect July 1, 2012.
     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. 4475, Reducing federal adjusted gross income for recent graduates of higher education institutions; 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. 132), and there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Householder, Howell, J. Miller and Sigler.
     Absent and Not Voting: Brown, Craig, Givens, Hunt 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. 4475) 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. 4488, Reforming, altering or modifying a county 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. 133), and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Anderson, Cann, Cowles, Ellem, Hamilton, Householder, Howell, Nelson, Sigler and Storch.
     Absent and Not Voting: Brown, Craig, Givens, Hunt 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. 4488) 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. 4645, Changing the membership requirements for a board of governors; 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. 134), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Andes.
     Absent and Not Voting: Brown, Craig, Givens, Hunt 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. 4645) 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. 4648, Implementing a domestic violence court pilot project; 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. 135), 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: Brown, Craig, Givens, Hunt and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4648) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     At 12:47 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 2:30 p.m., and reconvened at that time.
* * * * * * *

Afternoon Session

* * * * * * *

Special Calendar

Second Reading

     Com. Sub. for H. J. R. 113, The Homestead Exemption Increase Amendment; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for S. B. 221, Creating Jason Flatt Act of 2012; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     S. B. 224, Renaming Division of Banking as Division of Financial Institutions; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for S. B. 564, Creating Aviation Fund and Fleet Management Office Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for H. B. 2046, Exempting from the sales and use tax special equipment installed in a motor vehicle for the use of a person with physical disabilities; 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. 2252, Limiting liability for persons donating and charitable organizations accepting certain food and grocery items; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 2793, Defining "spelunking" as a recreational purpose and activity for which a landowner's liability for injury is limited; 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. 2816, Permitting private clubs to purchase alcoholic liquors from retail liquor stores in any market zone in the state; 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. 3142, Increasing the allowable number of magistrate court deputy clerks by five; 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. 3157, Adding an additional family court judge to the twenty-third family court district; 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. 4006, Relating to elevator workers' licensure exemptions; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That §21-3C-1, §21-3C-10a and §21-3C-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3C. ELEVATOR SAFETY.
§21-3C-1. Definitions.
     (1) 'Accessibility equipment' means lifting devices designated to remove access barriers in public buildings and private residences for persons with physical challenges, including residential elevators, and limited use/limited application elevators, vertical platforms, inclined platform lifts and stairway chairlifts.
     (2) 'Certificate of acceptance' means a certificate issued by the Division of Labor certifying that a newly installed elevator has been inspected and was found to be installed in compliance with the safety standards set forth in the American Society of Mechanical Engineers Safety Code for Elevators and Escalators (ASME) A17.1-3, 'Safety Code for Elevators' and ASME A18.1, 'Safety Code for Platform Lifts and Stairway Chairlifts'.
     (3) 'Certificate of competency' means a certificate issued by the Division of Labor certifying that an individual is qualified to inspect elevators.
     (4) 'Certificate of operation' means a certificate issued by the Division of Labor certifying that an elevator has been inspected and is safe for operation.
     (5) 'Commissioner' means the Commissioner of the Division of Labor.
     (6) 'Division' means the Division of Labor.
     (7) 'Division inspector' means an employee or contractor of the division who has been examined and issued a certificate of competency and who only inspects elevators in state owned buildings.
     (8) 'Elevator' means all the machinery, construction, apparatus and equipment used in raising and lowering a car, cage or platform vertically between permanent rails or guides and includes all elevators, power dumbwaiters, escalators, gravity elevators and other lifting or lowering apparatus permanently installed between rails or guides, but does not include hand operated dumbwaiters, platform lifts for loading docks, manlifts of the platform type with a platform area not exceeding nine hundred square inches, construction hoists or other similar temporary lifting or lowering apparatus.
     (9) 'Elevator apprentice' means a person who meets the requirements set forth in legislative rule promulgated pursuant to this article.
     (10) 'Elevator mechanic' means a person who possesses an elevator mechanic's license in accordance with the provisions of this article and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related conveyances covered by this article.
     (11) 'Freight elevator' means an elevator used for carrying freight and on which only the operator, by the permission of the employer, is allowed to ride.
     (12) 'Inspector' means both a division inspector and a private inspector.
     (13) 'License' means a license issued to an elevator mechanic pursuant to this article.
     (14) ' Private residence elevator' means a passenger elevator of which use is limited by size, capacity, rise and speed, and access is limited by its location, by the requirement of a key for its operation or by other restriction.
     (15) 'Passenger elevator' means an elevator that is designed to carry persons to its contract capacity.
     (16) 'Limited Use/Limited Application elevator' means a power elevator in which the use and application is limited by size, capacity, speed, and rise.
_____
(17) 'Private inspector' means a person who has been examined and issued a certificate of competency to inspect elevators within this state.
§21-3C-10a. License requirements for elevator mechanics, accessibility technicians, limited technicians; contractor's license requirements; supervision of elevator apprentice's requirements.
    (a) A person may not engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related conveyances covered by this article in this state, unless he or she has a license issued by the commissioner of Labor in accordance with this article.
    (b) A person licensed under this article must:
    (1) Have in his or her possession a copy of the license issued pursuant to this article on any job on which he or she is performing elevator mechanic work; and
    (2) Be, or be employed by, a contractor licensed pursuant to the provisions of article eleven, chapter twenty-one of this code unless the work is performed by a historic resort hotel's regular employees, for which the employees are paid regular wages and not a contract price, on property owned or leased by the historic resort hotel which is not intended for speculative sale or lease;
    (c) (1) To obtain an elevator mechanic's license a person must shall:
    (1) Complete a four-year apprenticeship program, registered by the United States Department of Labor, qualifying for a commercial license;
____(A) Hold an active elevator mechanic license issued by a jurisdiction that has a licensing program that is at least equivalent to the elevator mechanic licensing program established under this article;
____(B) (i) Successfully complete one of the following formal four year educational programs that is registered with the Bureau of Apprenticeship and Training of the United States Department of Labor, including all required examinations and work experience:
____(I) The National Elevator Industry Educational Program; or
____(II) The Certified Elevator Technician (CET) Educational Certification Program; or
____(ii) If an applicant successfully completed a program as described in subparagraphs (I) and (II) prior to the program being registered with the Bureau of Apprenticeship and Training of the United States Department of Labor, the division may grant a license to an applicant after the applicant successfully proves to the division that he or she has successfully completed all the test and work experience requirements;
____
(C) (i) Provide an acceptable combination of documented experience and educational credits of not less than three years of recent and active experience in the elevator industry in construction, maintenance, or service/repair or any combination thereof, as verified by current and previous employers licensed to do business in this state, on a sworn affidavit; and
____(ii) Obtain a score of 70% or better on a written competency examination approved or provided by the division.
____(2) A licensed elevator mechanic may work on all elevators covered by this article.
____(d) (1) To obtain an accessibility technician's license a person shall:
____(A) Provide a certificate of completion of an accessibility training program for the elevator industry such as the Certified Accessibility Training (CAT)program by the National Association of Elevator Contractors, or equivalent nationally recognized training program; or
____(B) (i) Have at least eighteen months experience in the construction, maintenance, service and repair, or any combination thereof, as verified by current and previous employers, licensed to do business in this state, on a sworn affidavit, of accessibility lifts;
____(ii) At least one year of documented vocational training and/or an associate degree in a related field; and
____(iii) Obtain a score of 70% or better on a written competency examination approved or provided by the division.
____
(2) Complete a two-year apprenticeship program, registered by the United States Department of Labor, qualifying for an accessibility license.
    (2) A person holding an accessibility license may only perform work on accessibility equipment.; or
    
(e) (1) An applicant for a limited use/limited application (LULA) elevator endorsement must satisfy all of the following:
____(A) Hold a current accessibility technician license;
____(B) Provide certificate of LULA manufacturer's training; and
____(C) Provide at least one year of documented work experience, on a sworn affidavit, in the construction, maintenance, service and repair of LULA elevators and comparable equipment, while under the supervision of a licensed accessibility technician; or
____(2) Any person having at least eighteen months of accessibility technician's experience, as of July 1, 2012, in construction, maintenance, service and repair, or any combination thereof, as verified by current and previous employers, licensed to do business in this state, on a sworn affidavit, shall receive an accessibility technician's license to continue to work on this type of equipment:
Provided, That an additional one year of documented work as an accessibility technician with certification of manufacturer's factory training, is required before a LULA endorsement may be obtained.
    (3) Any person carrying an accessibility license as of July 1, 2012, shall receive the required endorsement to continue to work on this type of equipment, and will be qualified to supervise future applicants as described in this section.
____(f) To obtain a limited technician's license a person must:
____
(3)(1) (A) Complete a certified apprenticeship program, registered by the United States Department of Labor established at a historic resort hotel, qualifying for a limited technician license; or
____(B) Provide an acceptable combination of documented experience, and educational credits: not less than three years of recent and active experience in the elevator industry, in maintenance, or service/repair or any combination thereof, as verified by current and previous employers authorized to do business in this state, on a sworn affidavit; and obtain a score of 70% or better on a written competency examination approved or provided by the division.
____
(2) A person holding a limited technician license may only perform work at a historic resort hotel.
    (d)(3)For the purposes of section, 'historic resort hotel' has the same meaning ascribed to it in section two, article twenty-five, chapter twenty-nine of this code.
    (e)(g) An elevator apprentice who is enrolled in a four-year apprenticeship program approved by the commissioner, and who is in good standing in the program, may work under the supervision of a licensed elevator mechanic, as follows:
    (f)(1) An apprentice who has not successfully completed the equivalent of at least one year of the program may work only under the direct supervision of a licensed elevator mechanic who is present on the premises and available to the apprentice at all times;
    (2) An apprentice who has successfully completed the equivalent of at least one year of the program may:
    (A) Work under the direct supervision of a licensed elevator mechanic as set forth in subdivision (1) of this subsection; and
    (B) Perform the tasks set forth in this paragraph, only if delegated by and performed under the general supervision of a licensed elevator mechanic, who must, at a minimum, meet the apprentice on the job at the beginning of each day to delegate the specific tasks, and who remains responsible for the delegated tasks:
    (i) Oiling, cleaning, greasing and painting;
    (ii) Replacing of combplate teeth;
    (iii) Reclamping Relamping and fixture maintenance;
    (iv) Inspection, cleaning and lubricating of hoistway doors, car tops, bottoms and pits; and
    (v) Observing operation of equipment.
§21-3C-11. Disposition of fees; legislative rules.
    (a) The division shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, for the implementation and enforcement of the provisions of this article, which shall provide:
    (1) Standards, qualifications and procedures for submitting applications, taking examinations, and issuing and renewing licenses, certificates of competency and certificates of operation of the three licensure classifications set forth in section ten-a of this article;
    (2) For the renewal of a license, even if the licensee is unemployed or not working in the industry: Provided, That to engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator or related conveyance covered by this article the licensee shall be a contractor, or be employed by a contractor licensed pursuant to the provisions of section ten-a, article eleven, chapter twenty-one of the code;
____
(2)(3) Qualifications and supervision requirements for elevator apprentices; and
____
(3) (4) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform work as defined in this article and who apply for licensure on or before July 1, 2010: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant may, at the discretion of the commissioner, be subject to all licensure requirements, including the examination.
    (b) Issuance and renewal of licenses fees.
____
(1) Upon approval of an application, the division may issue a license, which shall be renewable biennially. The fee for the license and for renewal shall be set by the commissioner.
____(2) The commission shall renew a person's license, even if unemployed or not working in the industry: Provided, however, That to engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevator or related conveyance covered by this article in this state must be, or be employed by a contractor licensed pursuant to the provisions of article eleven, chapter twenty-one of the code.
____(3) Whenever an emergency exists in the state due to disaster, act of God or work stoppage and the number of persons in the state holding licenses granted by the division is insufficient to cope with the emergency, elevator contractors shall respond as necessary to assure the safety of the public. Any person certified by a licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall seek an emergency elevator mechanic license from the commissioner within five business days after commencing work requiring a license. The commissioner shall issue emergency elevator mechanic licenses. The elevator contractor shall furnish proof of competency as the commissioner may require. Each license shall state that it is valid for a period of forty-five days from the date thereof and for such particular elevators or geographical areas as the commissioner may designate and otherwise shall entitle the licensee to the rights and privileges of an elevator mechanic license issued in this chapter. The commissioner shall renew an emergency elevator mechanic license during the existence of an emergency. No fee shall be charged for any emergency elevator mechanic license or renewal thereof.
____(3) An elevator contractor shall notify the commissioner when there are no licensed personnel available to perform elevator work. The elevator contractor may request that the Commissioner of Labor issue temporary elevator mechanic licenses to persons certified by the licensed elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision. Any person certified by an elevator contractor to have an acceptable combination of documented experience and education to perform elevator work without direct and immediate supervision shall immediately seek a temporary elevator mechanic license from the commissioner and shall pay such fee, as the commissioner shall determine. Each license shall state that it is valid for the term specified pursuant to this section and while employed by the licensed elevator contractor that certified the individual as qualified. A temporary license may be renewed as long as the shortage of license holders continues.
____(4) Excluding subdivisions two and three, subsection (b) of this section, the renewal of all licenses granted under the provisions of this section shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of licensees on new and existing provisions of the regulations of the division. The course shall consist of not less than eight hours of instruction that shall be attended and completed within one year immediately preceding any such license renewal.
____(5) The continuing education courses shall be taught by instructors through continuing education providers that may include, but shall not be limited to, association seminars, and labor training programs. The commissioner shall approve the continuing education providers. All instructors shall be approved by the commissioner and exempt from the requirements of the preceding paragraph with regard to their application for license renewal provided that such applicant was qualified as an instructor at any time during the one year immediately preceding the scheduled date for such renewal.
____
(6) A licensee who is unable to complete the continuing education course required under this section prior to the expiration of their license due to a temporary disability may apply for a waiver from the commissioner. This will be on a form provided by the commissioner which shall be signed under the pains and penalties of perjury and accompanied by a certified statement from a competent physician attesting to such temporary disability. Upon the termination of such temporary disability, such licensee shall submit to said board a certified statement from the same physician, if practicable, attesting to the termination of such temporary disability. At which time a waiver sticker, valid for 90 days, shall be Issued to such licensee and affixed to his license.
____
(7) Approved training providers shall keep uniform records, for a period of ten years, of attendance of licensees following a format approved by the commissioner and such records shall be available for inspection by the commissioner at his or her request. Approved training providers shall be responsible for the security of all attendance records and certificates of completion: Provided, That falsifying or knowingly allowing another to falsity such attendance records or certificates of completion shall constitute grounds for suspension or revocation of the approval required under this section.
____
(8) A license shall be issued to an individual holding a valid license from a state having standards substantially equivalent to those of this article, upon application and without examination as outlined in section ten-a of this article;
____
(8) (9) Procedures for investigating complaints and revoking or suspending licenses, certificates of competency and certificates of operation, including appeal procedures;
    (9) (10) Fees for testing, issuance and renewal of licenses, certificates of competency and certificates of operation, and other costs necessary to administer the provisions of this article;
    (10) (11) Enforcement procedures; and
    (11) (12) Any other rules necessary to effectuate the purposes of this article.
    (b) (c) The rules proposed for promulgation pursuant to section eleven shall establish the amount of any fee authorized pursuant to the provisions of this article: Provided, That in no event may the fees established for the issuance of certificates of operation exceed $50.
    (c) (d) All fees collected pursuant to the provisions of this article shall be deposited in an appropriated special revenue account hereby created in the State Treasury known as the 'Elevator Safety Fund' and expended for the implementation and enforcement of this article: Provided, That amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature.
    (d) (e) The division may enter into agreements with counties and municipalities whereby such counties and municipalities be permitted to retain the inspection fees collected to support the enforcement activities at the local level.
    (e) (f) The commissioner and his or her deputy commissioner or any compliance officer of the division as authorized by the commissioner may consult with engineering authorities and organizations concerned with standard safety codes, rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation and the qualifications which are adequate, reasonable and necessary for the elevator mechanic and inspector."
    The bill was then ordered to engrossment and third reading.
    H. B. 4064, Increasing the maximum cash award the Employee Suggestion Award Board may make; 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. 4077, Relating to activities that may be performed by a dental hygienist without a prior exam by a dentist; 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. 4118, Including the surviving spouse and a designated individual previously chosen by the deceased as a person who may designate the manner of disposition of a deceased person's body; 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. 4130, Creating the felony criminal offense of sale or purchase of a child; 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. 4247, Increasing the compensation of attorneys who are appointed to represent criminal defendants; 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. 4256, Relating to captive insurance; 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. 4261, Relating to review of state administrative agency rule-making; on second reading, coming up in regular order, was read a second time.
    At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with an amendment pending, and the rule was suspended to permit the offering and consideration of the amendment on that reading.
    Com. Sub. for H. B. 4263, Procurement of Domestic Products Act; on second reading, coming up in regular order, was read a second time.
    At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with amendments pending, and the rule was suspended to permit the offering and consideration of four amendments by Delegate Cowles on that reading.
    Com. Sub. for H. B. 4276, Ensuring that borrowers are provided accurate notice of their right to cure a default on any installment or other secured obligation; on second reading, coming up in regular order, was read a second time.
    On motion of Delegate Miley, the bill was amended on page tow, section one hundred-six, line seven, after the word "creditor", by striking out the word "shall" and inserting in lieu thereof the word "may", and on page five, section one hundred-six, line sixty-five, after the word "until", by striking out the word "twenty" and inserting in lieu thereof the word "ten".
    The bill was then ordered to engrossment and third reading.
    Com. Sub. for H. B. 4279, Permitting municipalities to stagger the terms of elected officers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4293, Increasing the compensation caps for secretary-clerks and case coordinators in the family court; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4296, Authorizing licensing boards to require applicants to submit to criminal background checks; 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. 4301, Relating to reimbursement for copies of medical records; 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. 4307, Clarifying that the practice and procedure for domestic violence civil proceedings are governed by court rule; 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. 4310, Prohibiting sex offenders from living or working within one thousand feet of the outer perimeter of a school, child care facility, playground or a victim's home; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4315, Permitting a new class IV town or village to select a form of government; on second reading, coming up in regular order, was read a second time.
    On motion of Delegates Manchin and Miley the bill was amended on page eight, section one, line one, by striking out the word "Notwithstanding" and inserting in lieu thereof, the words "In absence of".
    The bill was then ordered to engrossment and third reading.
    Com. Sub. for H. B. 4376, Licensing wine sales at certain professional baseball stadiums; on second reading, coming up in regular order, was read a second time.
    On motion of Delegates Skaff, Andes and White the bill was amended on page twelve, section three, line two hundred three, following the word "commissioner", by striking out the word "shall" and inserting in lieu thereof "has the authority to".
    The bill was then ordered to engrossment and third reading.
    Com. Sub. for H. B. 4418, Creating the Aviation Fund and the Fleet Management Office Fund; 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. 4425, Requiring a landlord address issues of the accumulation of moisture and the growth of mold; 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. 4426, Requiring a copayment to a physical therapist and an occupational therapist be the same as a physician or osteopath; 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. 4438, Provider Sponsored Network Act; 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. 4459, Creating a juvenile sex offender registration; on second reading, coming up in regular order, was read a second time.
    On motion of Delegate White the bill was amended on page ten, section two, line one hundred sixty-two, by striking out all of subdivision (3) and inserting in lieu thereof the following:
    "(3) Notwithstanding any other provision of this code to the contrary, the provisions of this article with respect to special reporting requirements, confidentiality and disclosure are not applicable on or after the juvenile attains the age of eighteen years. Upon the date the juvenile attains the age of eighteen years, he or she shall thereafter be subject to each provision of this article as if he or she had been an adult when the crime was committed and therefor convicted of a violation of section three or four, article eight-b, chapter sixty-one of this code. Notwithstanding any provision of article five, chapter forty-nine of this code to the contrary, on and after the date the juvenile attains the age of eighteen years, upon request of the West Virginia State Police, the circuit clerk of the court in which the order was issued under subdivision (5), subsection (a), section thirteen-b, article five, chapter forty- nine of this code shall deliver to the West Virginia State Police a copy of the records of the juvenile proceeding in which the order was issued without cost and without order of the court. Those records may be used for all purposes under the provisions of this article to the extent that the same would otherwise be used if they were a court's records of the proceedings under which he or she had been an adult when the crime was committed and therefor convicted of a violation of section three or four, article eight-b, chapter sixty-one of this code."
    And,
    By redesignating the remaining subdivisions accordingly.
    The bill was then ordered to engrossment and third reading.
    Com. Sub. for H. B. 4468, Prohibiting insurance companies from discriminating against certain health care providers; on second reading, coming up in regular order, was read a second time.
    On motion of Delegate Miley the bill was amended on page two, section fourteen, line nine, after the word "practitioners", by inserting a comma.
    On page four, section ten, line nine, after the word "practitioners", by inserting a comma.
    On page five, section forty-three, line nine, after the word "practitioners", by inserting a comma.
    On page six, section twenty, line nine, after the word "practitioners", by inserting a comma.
    And,
    On page seven, section thirty-one, line nine, after the word "practitioners", by inserting a comma.
    The bill was then ordered to engrossment and third reading.
    At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to further consideration of Com. Sub. for H. B. 4263.
    Unanimous consent having been obtained, the House abrogated the former directive to advance the bill to Third Reading with the four Cowles amendments pending.
    Unanimous consent having been obtained, the bill was then returned to Second Reading.
    Com. Sub. for H. B. 4263, Procurement of Domestic Products Act; on second reading, coming up in regular order, was then reported by the Clerk.
    Delegate Cowles then moved to amend the bill on page five, paragraph (A), subdivision (1), subsection (c) of section three of article one at line twenty following the word "the", by striking out the words "cumulative cost of such material will increase the cost of the contract" and inserting in lieu thereof the words "cost of such material exceeds the cost of foreign material".
    The question being on the adoption of the amendment, the same was put and did not prevail.
    Delegate Cowles moved to amend the bill on page six, line thirty-one, subsection (c), section three, article one, following the word "interest" by inserting the word "or" .
    And, by inserting the following new subdivision:
    "(4) The total contract amount does not exceed one million dollars."
    On the adoption of the amendment, Delegate Cowles demanded the yeas and nays, which demand was sustained.
    The yeas and nays having been ordered, they were taken (Roll No. 136), and there were--yeas 33, nays 62, absent and not voting 5, with the yeas and absent and not voting being as follows:
    Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Border, Carmichael, Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Householder, Howell, Ireland, Kump, Lane, Michael, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch and Sumner.
    Absent and Not Voting: Craig, Givens, Hunt, Iaquinta and Walters.
   So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
    On motion of Delegate Cowles, the bill was amended on page eleven, line seventeen, subdivision (1), section six, article one following the word "material", by inserting the words "Material costs of less than two thousand five hundred dollars are not covered by this article and are to considered as de minimus expenses."
    Delegate Cowles then moved to amend the bill on page thirteen, line forty-three, subdivision (6),section six, article one, following the word "institutions", by striking out the words "and all units and political subdivisions, including local school districts".
    On the adoption of this amendment, Delegate Cowles demanded the yeas and nays, which demand was sustained.
    The yeas and nays having been ordered, they were taken (Roll No. 137), and there were--yeas 31, nays 64, absent and not voting 5, with the yeas and absent and not voting being as follows:
    Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Border, Carmichael, Cowles, Duke, Ellington, Evans, Gearheart, Hartman, Householder, Howell, Ireland, Kump, Lane, Michael, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Rowan, Savilla, Sigler, Snuffer, Sobonya and Sumner.
    Absent and Not Voting: Craig, Givens, Hunt, Iaquinta and Walters.
   So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
    There being no further amendments, the bill was ordered to engrossment and third reading.
    Com. Sub. for H. B. 4489, Strengthening authority of the West Virginia Municipal Pensions Oversight Board; 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. 4504, Relating to development and operation of a nursing home on the grounds of a nonprofit community health care organization; 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. 4506, Relating to absentee ballot fraud; 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. 4511, Creating the Shale Research, Education, Policy and Economic Development Center at West Virginia University; 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. 4514, Updating the Wholesale Drug Distribution Act of 1991; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4521, Permitting the restructuring of child support payments of an inmate who is released under certain circumstances; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4522, Providing additional contempt powers for family court judges; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4523, Relating to the Bureau for Child Support enforcement and reporting employment and income of an independent contractor; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4542, Relating to unemployment compensation benefits; 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. 4547, Creating the West Virginia Innovation Free-Trade Business Technology Property Valuation Act and the West Virginia Innovation Free-Trade Tax Credit Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4549, Imposing a monetary penalty on unemployment compensation recipients for obtaining benefits through the use of fraudulent statements; on second reading, coming up in regular order, was read a second time.
    At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with an amendment by Delegates C. Miller, Gearheart, Border, Pasdon and Sobonya pending, and the rule was suspended to permit the offering and consideration of the amendment on that reading.
    Com. Sub. for H. B. 4554, Accepting additional students for enrollment in early childhood education programs; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4567, Permitting the Harrison county commission to levy a special district tax; 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. 4572, Relating to school service personnel classification and compensation; 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. 4581, Making grants from state and other funds to provide civil legal services to low income persons; 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. 4585, Exempting volunteer fire departments from the definition of public authority if they are constructing a facility to replace one that has been destroyed; 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. 4601, Authorizing the West Virginia National Guard to participate in a federal asset forfeiture or sharing program; 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. 4605, Providing a premarital education option to applicants for marriage licenses; 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. 4613, Relating to development of broadband infrastructure and broadband deployment in this state; on second reading, coming up in regular order, was read a second time.
    At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with an amendment by Delegate White pending, and the rule was suspended to permit the offering and consideration of the amendment on that reading.
    H. B. 4626, Increasing state police principal supervisors to nineteen; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4634, Removing the requirement for the Legislative Auditor to conduct certain fiscal audits of the Alcohol Beverage Control Commission and the Children's Trust Fund; 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. 4636, Authorizing a responsible parent pilot project; on second reading, coming up in regular order, was read a second time.
    On motion of Delegates Poore, Marshall, Skaff and Andes the bill was amended on page two, section one, line one, by striking out the words "Department of Health and Human Resources in conjunction with the".
    On page two, section one, line five, following the words "may implement a", by striking out the word "twelve" and inserting in lieu thereof "twenty-four".
    On page three, section one, line eighteen, following the word "Raleigh" and the comma, by inserting the word "Mason" and a comma.
    On page four, section one, line thirty-seven, following the words "Corrections, that agency" and the comma, by striking the words "in conjunction with the Department of Health of Human Resources" and the comma.
    And,
    On page four, section one, line forty, following the words "Committee on Judiciary" by striking out the words "one year after" and inserting in lieu thereof the words "each year during."
    The bill was then ordered to engrossment and third reading.
    H. B. 4647, Relating to funeral expenses for indigent persons; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4652, Making a supplementary appropriation to various agencies; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4653, Relating to public school support computation of local share; on second reading, coming up in regular order, was read a second time.
    Delegate Duke moved to amend the bill on page eight, subsection (n), section two, article nine- a, line one hundred eighteen, following the word "code", by inserting the following:
    "Provided, That beginning July 1, 2012, 'levies for general current expense purposes' means eighty-five percent of the levy rate for county boards of education calculated or set by the Legislature pursuant to the provisions of section six-f, article eight, chapter eleven of this code; and provided further, that beginning July 1, 2013, "levies for general current expense purposes" means eighty percent of the levy rate for county boards of education calculated or set by the Legislature pursuant to the provisions of section six-f, article eight, chapter eleven of this code."
    On the adoption of the amendment, Delegate Duke demanded the yeas and nays, which demand was sustained.
    The yeas and nays having been ordered, they were taken (Roll No. 138), and there were--yeas 30, nays 63, absent and not voting 7, with the yeas and absent and not voting being as follows:
    Yeas: Andes, Armstead, Azinger, Border, Carmichael, Cowles, Doyle, Duke, Ellem, Ellington, Evans, Hamilton, Householder, Howell, Ireland, Kump, Lane, Lawrence, C. Miller, J. Miller, Nelson, Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Sobonya, Storch and Sumner.
    Absent and Not Voting: Craig, Givens, Hall, Hunt, Iaquinta, Manypenny and Walters.
   So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
    The bill was then ordered to engrossment and third reading.
    H. B. 4654, Relating to the provision of mailing services by the CPRB to certain retiree organizations; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
    H. B. 4655, Relating to school service personnel certification; on second reading, coming up in regular order, was read a second time.
    On motion of Delegates M. Poling, Paxton and Gearheart, the bill was amended on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8e.
Competency testing for service personnel; and recertification testing for bus operators.
    (a) The State Board of Education shall develop and make available competency tests for all of the classification titles defined in section eight of this article and listed in section eight-a of this article for service personnel. Each classification title defined and listed is considered a separate classification category of employment for service personnel and has a separate competency test, except for those class titles having Roman numeral designations, which are considered a single classification of employment and have a single competency test.
    (1) The cafeteria manager class title is included in the same classification category as cooks and has the same competency test.
    (2) The executive secretary class title is included in the same classification category as secretaries and has the same competency test.
    (3) The classification titles of chief mechanic, mechanic and assistant mechanic are included in one classification title and have the same competency test.
    (b) The purpose of these tests is to provide county boards a uniform means of determining whether school service personnel who do not hold a classification title in a particular category of employment meet the definition of the classification title in another category of employment as defined in section eight of this article. Competency tests may not be used to evaluate employees who hold the classification title in the category of their employment.
    (c) The competency test consists of an objective written or performance test, or both. Applicants may take the written test orally if requested. Oral tests are recorded mechanically and kept on file. The oral test is administered by persons who do not know the applicant personally.
    (1) The performance test for all classifications and categories other than bus operator is administered by an employee of the county board or an employee of a multicounty vocational school that serves the county at a location designated by the superintendent and approved by the board. The location may be a vocational school that serves the county.
    (2) A standard passing score is established by the state Department of Education for each test and is used by county boards.
    (3) The subject matter of each competency test is commensurate with the requirements of the definitions of the classification titles as provided in section eight of this article. The subject matter of each competency test is designed in such a manner that achieving a passing grade does not require knowledge and skill in excess of the requirements of the definitions of the classification titles. Achieving a passing score conclusively demonstrates the qualification of an applicant for a classification title.
    (4) Once an employee passes the competency test of a classification title, the applicant is fully qualified to fill vacancies in that classification category of employment as provided in section eight-b of this article and may not be required to take the competency test again.
    (d) An applicant who fails to achieve a passing score is given other opportunities to pass the competency test when making application applying for another vacancy within the classification category.
    (e) Competency tests are administered to applicants in a uniform manner under uniform testing conditions. County boards are responsible for scheduling competency tests, notifying applicants of the date and time of the one day of training prior to taking the test, and the date and time of the test. County boards may not use a competency test other than the test authorized by this section.
    (f) When scheduling of the competency test conflicts with the work schedule of a school employee who has applied for a vacancy, the employee is excused from work to take the competency test without loss of pay.
    (g) A minimum of one day of appropriate in-service training is provided to employees to assist them in preparing to take the competency tests.
    (h) Competency tests are used to determine the qualification of new applicants seeking initial employment in a particular classification title as either a regular or substitute employee.
    (I) Notwithstanding any provisions in this code to the contrary, once an employee holds or has held a classification title in a category of employment, that employee is considered qualified for the classification title even though that employee no longer holds that classification.
    (j) The requirements of this section do not alter the definitions of class titles as provided in section eight of this article or the procedure and requirements of section eight-b of this article.
    (k) Notwithstanding any other provision of this code to the contrary and notwithstanding any rules of the School Board concerning school bus operator certification, in effect on the effective date of this section the certification test for school bus operators shall be required as follows, and school bus operators shall may not be required to take the certification test more frequently:
    (1) For substitute school bus operators and for school bus operators with regular employee status but on a probationary contract, the certification test shall be administered annually;
    (2) For school bus operators with regular employee status and continuing contract status, the certification test shall be administered triennially; and
    (3) For substitute school bus operators who are retired from a county board and who at the time of retirement had ten years of experience as a regular full-time bus operator, the certification test shall be administered triennially.
    (4) School bus operator certificate. --
____(A) A school bus operator certificate may be issued to a person who has attained the age of twenty-one, completed the required training set forth in State Board rule, and met the physical requirements and other criteria to operate a school bus set forth in State Board rule.
____(B) The State Superintendent may, after ten days' notice and upon proper evidence, revoke the certificate of any bus operator for any of the following causes:
____(i) Intemperance, untruthfulness, cruelty or immorality;
____(ii) Conviction of or guilty plea or plea of no contest to a felony charge;
____(iii) Conviction of or guilty plea or plea of no contest to any charge involving sexual misconduct with a minor or a student;
____(iv) Just and sufficient cause for revocation as specified by State Board rule; and
____(v) Using fraudulent, unapproved or insufficient credit to obtain the certificates.
____(vi) Of the causes for certificate revocation listed in this paragraph (B), the following causes constitute grounds for revocation only if there is a rational nexus between the conduct of the bus operator and the performance of the job:
____(I) Intemperance, untruthfulness, cruelty or immorality;
____(II) Just and sufficient cause for revocation as specified by State Board rule; and
____(III) Using fraudulent, unapproved or insufficient credit to obtain the certificate.
____(C) The certificate of a bus operator may not be revoked for either of the following unless it can be proven by clear and convincing evidence that the bus operator has committed one of the offenses listed in this subsection and his or her actions render him or her unfit to operate a school bus:
____(I) Any matter for which the bus operator was disciplined, less than dismissal, by the employing county board; or
____(ii) Any matter for which the bus operator is meeting or has met an improvement plan determined by the county board.
____(D) The State Superintendent may designate a review panel to conduct hearings on certificate revocations or denials and make recommendations for action by the State Superintendent. The State Board, after consultation with the West Virginia School Service Personnel Association, shall promulgate a rule to establish the review panel membership and composition, method of appointment, governing principles and meeting schedule.
____(E) It is the duty of any county superintendent who knows of any acts on the part of a bus operator for which a certificate may be revoked in accordance with this section to report the same, together with all the facts and evidence, to the State Superintendent for such action as in the State Superintendent's judgment may be proper.
____(F) If a certificate has been granted through an error, oversight or misinformation, the State Superintendent may recall the certificate and make such corrections as will conform to the requirements of law and State Board rules.
____
(5) The State Board shall promulgate in accordance with article three-b, chapter twenty-nine-a of this code, revised rules in compliance with this subsection."
    The bill was then ordered to engrossment and third reading.
    Delegate Brown announced that she was absent when the votes were taken on Roll Nos. 119 through 135, and that had she been present, she would have voted "Yea" thereon.
Leaves of Absence

    At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Craig, Givens and Hunt.
    At 3:13 p.m., the House of Delegates adjourned until 10:00 a.m., Wednesday, February 29, 2012.

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