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House Journal


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Day 61 (03-11-2012)
hdj2012-02-29-50


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Wednesday, February 29, 2012

FIFTIETH DAY

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

                              

     The House of Delegates met at 10:00 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 Tuesday, February 28, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Tenth Order of Business for the purpose of consideration of bills on Special Calendar, Third Reading.
Special Calendar

Third Reading

     Com. Sub. for H. J. R. 113, The "Homestead Exemption Increase Amendment"; on third reading, coming up in regular order, was read a third time.
     On the adoption of the resolution, the yeas and nays were taken (Roll No. 139), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent and Not Voting: Givens, Hall and Iaquinta.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the resolution (Com. Sub. for H. J. R. 113) adopted, as follows:
     H. J. R. 113 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment."
     Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
     That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2012, which proposed amendment is that section one-b, article X thereof, be amended to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§1b. Property tax limitation and homestead exemption amendment of 1982 2012.
     Ad valorem property taxation shall be in accordance with this section and other applicable provisions of this article not inconsistent with this section.
Subsection A -- Value; Rate of Assessment; Exceptions

     Notwithstanding any other provisions of this Constitution and except as otherwise provided in this section, all property subject to ad valorem taxation shall be assessed at sixty percent of its value, as directed to be ascertained in this section, except that the Legislature may from time to time, by general law agreed to by two thirds of the members elected to each house, establish a higher percentage for the purposes of this paragraph, which percentage shall be uniform as to all classes of property defined in section one of this article, but not more than one hundred percent of such the value.
     Notwithstanding the foregoing, for the first day of July, one thousand nine hundred eighty- two, and the first day of July of each year thereafter until the values may be fixed as a result of the first statewide reappraisal hereinafter required, assessments shall be made under the provisions of current statutory law, which is hereby validated for such purpose until and unless amended by the Legislature. Assessment and taxation in accord with this section shall be deemed to be equal and uniform for all purposes.
Subsection B -- Determination of Value

     The Legislature shall provide by general law for periodic statewide reappraisal of all property, which reappraisal shall be related for all property to a specified base year which, as to each such reappraisal, shall be uniform for each appraisal for all classes of property and all counties. In such the law, the Legislature shall provide for consideration of: (1) Trends in market values over a fixed period of years prior to the base year; (2) the location of the property; and (3) such other factors and methods as it may determine: Provided, That with respect to reappraisal of all property upon the base year of 1980, such reappraisals are deemed to be valid and in compliance with this section: Provided, however, That with respect to farm property, as defined from time to time by the Legislature by general law, the determination of value shall be according to its fair and reasonable value for farming purposes, as may be defined by general law.
     The results of each statewide appraisal shall upon completion be certified and published and errors therein in the appraisal may be corrected, all as provided by general law. The first such statewide appraisal shall be completed, certified and published on or before the thirty-first day of March, one thousand nine hundred eighty-five, for use when directed by the Legislature.
     The Legislature shall further prescribe by general law the manner in which each statewide reappraisal shall be employed to establish the value of the various separately assessed parcels or interests in parcels of real property and various items of personal property subject to ad valorem property taxation, the methods by which increases and reductions in value subsequent to the base year of each statewide reappraisal shall be ascertained, and require the enforcement thereof of the reappraisal.
Subsection C -- General Homestead Exemption

     Notwithstanding any other provisions of this Constitution to the contrary, the first $20,000 of assessed valuation of any real property, or of personal property in the form of a mobile home, used exclusively for residential purposes and occupied by the owner or one of the owners thereof as his or her residence who is a citizen of this state and who is sixty-five years of age or older or is permanently and totally disabled as that term may be defined by the Legislature, shall be is exempt from ad valorem property taxation, subject to such the requirements, limitations and conditions as shall be prescribed by general law.
_____Notwithstanding any other provisions of this Constitution to the contrary, the Legislature, upon the application of any county, may increase the homestead exemption that is applied to qualifying residential property in such county, further subject to the assent of a majority of the voters in such county, so as to approve a homestead exemption in the county in an amount of no less than $20,000 and no greater than fifty percent of the average value of residential property in that county.
_____
Any proposed increase in the homestead exemption may be applied to all qualifying residents in the county, or it may be based on need, and extended only to qualifying homeowners whose total household income is at or below certain income levels. The county's proposed change to its homestead exemption must first be approved by the county commission, or by a tribunal established for that county in accordance with the provisions of section thirteen of article IX of this constitution, before the county's petition may be filed with the Legislature.
_____As a part of its petition to the Legislature, the county must identify how the county proposes to replace or address any associated reduction in local, county and state tax revenues. The Legislature may reject, reform, alter or modify any proposed increased homestead exemption before any modified homestead exemption is placed before the county voters at an election for approval. The county's voters must approve the modified homestead exemption by a majority of the voters of the county voting at such an election before any modified homestead exemption may be placed into effect. Under no circumstances may the homestead exemption extended to qualifying homeowners be less than $20,000, regardless of means.

     Notwithstanding any other provision of this Constitution to the contrary, the Legislature shall have has the authority to provide by general law for an exemption from ad valorem property taxation in an amount not to exceed the first twenty thousand dollars of value of any real property, or of personal property in the form of a mobile home, used exclusively for residential purposes and occupied by the owner or one of the owners thereof as his or her residence who is a citizen of this state, and who is under sixty-five years of age and not totally and permanently disabled: Provided, That upon enactment of such the general law, this exemption shall only apply to such only applies to the property in any county in which the property was appraised at its value as of January 1, 1980, or thereafter after that, as determined by the Legislature, and this exemption shall be phased in over such a period of time not to exceed five years from the date such the property was so appraised, or such a longer time as the Legislature may determine by general law: Provided, however, That in no event shall may any one person and his or her spouse, or one homestead be entitled to more than one exemption under these provisions: Provided further, That if property is owned by a husband and wife as joint tenants with right of survivorship and the spouse who qualifies for the exemption dies leaving a spouse who is under sixty-five years of age and not totally and permanently disabled, the surviving spouse is entitled to the exemption from ad valorem property taxation provided in this section for as long as such surviving spouse occupies the property as his or her residence and the property is exclusively used for residential purposes: And provided further, That these provisions are subject to such the requirements, limitations and conditions as shall be prescribed by general law.
     The Legislature shall have has the authority to provide by general law for property tax relief to citizens of this state who are tenants of residential or farm property.
Subsection D -- Additional Limitations on Value

     
With respect to the first statewide reappraisal, pursuant to this section, the resulting increase in value in each and every parcel of land or interest therein and various items of personal property subject to ad valorem property taxation over and above the previously assessed value shall be allocated over a period of ten years in equal amounts annually.
     The Legislature may by general law also provide for the phasing in of any subsequent statewide reappraisal of property.
Subsection E -- Levies for Free Schools

     In equalizing the support of free schools provided by state and local taxes, the Legislature may require that the local school districts levy all or any portion of the maximum levies allowed under section one of this article which has been allocated to such the local school districts.
     Within the limits of the maximum levies permitted for excess levies for schools or better schools in sections one and ten of this article, the Legislature may, in lieu of the exercise of such powers by the local school districts as heretofore provided, submit to the voters, by general law, a statewide excess levy, and if it be is approved by the required number of voters, impose such the levy, subject however to all the limitations and requirements for the approval of such the levies as in the case of a district levy. The law submitting the question to the voters shall provide, upon approval of the levy by the voters, for the assumption of the obligation of any local excess levies for schools then in force theretofore authorized by the voters of a local taxing unit to the extent of such the excess levies imposed by the state and so as to avoid double taxation of those local districts. The Legislature may also by general law reserve to the school districts such the portions of the power to lay authorized excess levies as it may deem considers appropriate to enable local school districts to provide educational services which are not required to be furnished or supported by the state. If a statewide excess levy for the support of free schools is approved by the required majority, the revenue from such a the statewide excess levy shall be deposited in the State Treasury and be allocated first for the local obligations assumed and thereafter after that for such part of the state effort to support free schools, by appropriation or as the law submitting the levy to the voters shall require, as the case may be.
     The defeat of any such proposed statewide excess levy for school purposes shall does not in any way abrogate or impair any local existing excess levy for such that purpose nor prevent the adoption of any future local excess levy for such that purpose.
Subsection F -- Implementation

     In the event of any inconsistency between any of the provisions of this section and other provisions of this Constitution, the provisions of this section shall prevail. The Legislature shall have has plenary power to provide by general law for the equitable application of this article. and, as to taxes to be assessed prior to the first statewide reappraisal, to make such laws retroactive to the first day of July, one thousand nine hundred eighty-two, or thereafter
     
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 2" and designated as the "Homestead Exemption Increase Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to extend the homestead exemption, under certain circumstances, after the death of a qualifying spouse to a surviving spouse who is under sixty-five years of age and not totally and permanently disabled; and to allow each county the opportunity to increase the homestead exemption from $20,000 up to an amount not to exceed the average residential property value in the county, subject to Legislative review and approval, and subject to approval by a majority of the county's voters at an election."
     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 S. B. 221, Creating Jason Flatt Act of 2012; 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. 140), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent and Not Voting: Givens, Hall and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 221) passed.
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 141), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent and Not Voting: Givens, Hall and Iaquinta.
     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 S. B. 221) 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.
     S. B. 224, Renaming Division of Banking as Division of Financial 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. 142), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent and Not Voting: Givens, Hall and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 224) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 143), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent and Not Voting: Givens, Hall and Iaquinta.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 224) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for S. B. 564, Creating Aviation Fund and Fleet Management Office Fund; 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. 144), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent and Not Voting: Givens, Hall and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 564) passed.
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 145), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent and Not Voting: Givens, Hall and Iaquinta.
     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 S. B. 564) 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. 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 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. 146), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Cowles, Howell and J. Miller.
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2046) 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. 2252, Directing department of health promulgate rules establishing alternative standards for non-commercial prepared food donated as part of a free food program; 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. 147), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2252) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 148), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     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. 2252) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 2793, Defining "spelunking" as a recreational purpose and activity for which a landowner's liability for injury is limited; 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. 149), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
     Absent and Not Voting: Brown, D. Campbell, Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2793) 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. 2816, Permitting private clubs to purchase alcoholic liquors from retail liquor stores in any market zone in the state; on third reading, coming up in regular order, was, on motion of Delegate Boggs, placed at the foot of the calendar.
     Com. Sub. for H. B. 3142, Increasing the allowable number of magistrate court deputy clerks by five; 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. 150), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes.
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3142) 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. 3157, Adding an additional family court judge to the twenty-third family court district; on third reading, coming up in regular order, was, on motion of Delegate Boggs, placed at the foot of the calendar.
     Com. Sub. for H. B. 4006, Relating to elevator workers' licensure exemptions; 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. 151), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4006) passed.
     An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:
     Com. Sub. for H. B. 4006 - "A Bill to amend and reenact §21-3C-1, §21-3C-10a and §21- 3C-11 of the Code of West Virginia, 1931, as amended, all relating to elevators; defining certain terms; requiring licensure; providing licensure requirements; providing renewal requirements; providing for temporary licensure in case of an emergency; providing reciprocity requirements; and providing continuing education requirements."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4064, Increasing the maximum cash award the Employee Suggestion Award Board may make; on third reading, coming up in regular order, was, on motion of Delegate Boggs, placed at the foot of the calendar.
     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 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. 152), and there were--yeas 98, nays 0, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4077) 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. 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 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. 153), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4118) 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. 4130, Creating the felony criminal offense of sale or purchase of a child; 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. 154), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4130) 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. 4247, Increasing the compensation of attorneys who are appointed to represent criminal defendants; on third reading, coming up in regular order, was read a third time.
     On the passage of the bill, Delegates requested to be excused from voting thereon under the provisions of House Rule 49, as follows:
     Delegates Ashley and Smith, stating that their spouses perform public defender work.
     Delegates Ellem and Poore, stating that they personally perform public defender work.
     The Speaker excused Delegates Ashley, Smith. Ellem and Poore from voting.
     Delegates Armstead and Lane also requested to be excused from voting, stating that as attorneys they may be called upon to perform public defender work.
     The Speaker refused to excuse Delegates Armstead and Lane from voting, stating that they were members of a class of persons possibly to be affected.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 155), and there were--yeas 91, nays 3, absent and not voting 2, excused 4, with the nays and absent and not voting and excused being as follows:
     Nays: Andes, Gearheart and Savilla.
     Absent and Not Voting: Givens and Iaquinta.
     Excused: Ashley, Ellem, Poore and Smith.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4247) 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. 4256, Relating to captive insurance; 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. 156), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4256) 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. 4261, Relating to review of state administrative agency rule-making;
on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
     Delegate Armstead moved to amend the bill on page fourteen, section one-d, article three, chapter twenty-nine-a, by striking out the entirety of that section.
     On the adoption of the amendment, Delegate Armstead demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 157), and there were--yeas 38, nays 60, absent and not voting 2, with the yeas and absent and not voting being as follows:
     Yeas: Anderson, Andes, Armstead, Ashley, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Ellington, Evans, Fleischauer, Gearheart, Hamilton, Householder, Howell, Ireland, Kump, Lane, Lawrence, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, R. Phillips, Rodighiero, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
     Absent and Not Voting: Givens and Iaquinta.
    So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
     The bill was then read a third time,
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 158), and there were--yeas 70, nays 28, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Gearheart, Hamilton, Householder, Howell, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Rowan, Savilla, Sigler, Snuffer, Sobonya, Sumner and Walters.
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4261) 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. 4263, Procurement of Domestic Products Act; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 159), and there were--yeas 82, nays 16, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Azinger, Cowles, Craig, Ellington, Gearheart, Hartman, Householder, Howell, Ireland, Kump, J. Miller, Overington, Romine, Sigler and Walters.
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4263) 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. 4276, Ensuring that borrowers are provided accurate notice of their right to cure a default on any installment or other secured obligation; 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. 160), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Carmichael, Householder, Ireland, Nelson, O'Neal and Pasdon.
     Absent and Not Voting: Givens, Iaquinta 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. 4276) passed.
     On motion of Delegate Miley, the title of the bill was amended to read as follows:
     Com. Sub. for H. B. 4276 - "A Bill to amend and reenact §46A-2-106 of the Code of West Virginia, 1931, as amended; relating generally to the notice of a consumer's right to cure a default; requiring certification that the amount needed to cure the default reflected in the notice is a true and accurate balance of all sums due from the borrower; certifying the date the notice of right to cure was mailed; and providing limitations of liability for violation of the notice of right to cure requirements."
     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. 4279, Permitting municipalities to stagger the terms of elected officers; 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. 161), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4279) 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. 4293, Increasing the compensation caps for secretary-clerks and case coordinators in the family court; 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. 162), and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Armstead, Azinger, Duke, Gearheart, Householder and Howell.
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4293) 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. 4296, Authorizing licensing boards to require applicants to submit to criminal background checks; 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. 163), and there were--yeas 85, nays 12, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Armstead, Border, Carmichael, Ellem, Howell, Kump, Lane, J. Miller, O'Neal, Savilla, Sigler and Sobonya.
     Absent and Not Voting: Givens, Iaquinta and L. Phillips.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4296) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 164), and there were--yeas 86, nays 11, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Armstead, Border, Carmichael, Gearheart, Howell, Kump, J. Miller, Savilla, Sigler, Snuffer and Sobonya.
     Absent and Not Voting: Givens, Iaquinta and L. Phillips.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4296) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 4301, Relating to reimbursement for copies of medical records; on third reading, coming up in regular order, was, on motion of Delegate Boggs, placed at the foot of the calendar.
     Com. Sub. for H. B. 4307, Clarifying that the practice and procedure for domestic violence civil proceedings are governed by court rule; 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. 165), and there were--yeas 81, nays 17, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Ashley, Border, Carmichael, Ellem, Ellington, Gearheart, Householder, Ireland, Kump, Lane, J. Miller, Overington, Savilla, Sobonya and Storch.
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4307) 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. 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 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. 166), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4310) 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. 4315, Permitting a new class IV town or village to select a form of government; 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. 167), and there were--yeas 96, nays 2, absent and not voting 2, with the absent and not voting being as follows:
     Nays: Ellem and Howell
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4315) 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. 4376, Licensing wine sales at certain professional baseball stadiums; on third reading, coming up in regular order, was read a third time.
      Delegate Walters requested to be excused from voting on the passage of Com. Sub. for H. B. 4376 under the provisions of House Rule 49, stating that he held monetary interest in a wine- making facility in the State.
     The Speaker replied that Delegate Walters 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 Delegate from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 168), and there were--yeas 79, nays 19, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Armstead, Azinger, Border, Evans, Frazier, Hamilton, Howell, Ireland, Kump, C. Miller, J. Miller, Moye, Overington, Perry, Romine, Rowan, Snuffer, Sobonya and Sumner.
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4376) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 169), and there were--yeas 82, nays 15, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Armstead, Azinger, Border, Evans, Hamilton, Howell, Ireland, Kump, C. Miller, J. Miller, Overington, Rowan, Snuffer, Sobonya and Sumner.
     Absent and Not Voting: Frazier, Givens and Iaquinta.
     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. 4376) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 4418, Creating the Aviation Fund and the Fleet Management Office Fund; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.
     Com. Sub. for H. B. 4425, Requiring a landlord address issues of the accumulation of moisture and the growth of mold; 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. 170), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4425) 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. 4426, Requiring a copayment to a physical therapist and an occupational therapist be the same as a physician or osteopath; on third reading, coming up in regular order, was read a third time.
     Delegate Ferns requested to be excused from voting on the passage of Com. Sub. for H. B. 4426 under the provisions of House Rule 49, stating that he was a physical therapist.
     The Speaker replied that Delegate Ferns 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 Delegate from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 171), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Howell, Kump, and Walters.
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4426) 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. 4438, Provider Sponsored Network Act; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 172), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Carmichael, Cowles, Householder, Howell and J. Miller.
     Absent and Not Voting: Givens, Iaquinta and Stowers.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4438) 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. 4459, Creating a juvenile sex offender registration; 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. 173), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4459) 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. 4468, Prohibiting insurance companies from discriminating against certain health care providers; on third reading, coming up in regular order, was read a third time.
*    Delegate Ferns requested to be excused from voting on the passage of Com. Sub. for H. B. 4468 under the provisions of House Rule 49.
     The Speaker replied that 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 Delegate from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 174), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4468) 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. 4489, Strengthening authority of the West Virginia Municipal Pensions Oversight Board; 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. 175), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4489) 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. 4504, Relating to development and operation of a nursing home on the grounds of a nonprofit community health care organization; 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. 176), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Iaquinta.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4504) passed.
     On motion of Delegate Miley, the title of the bill was amended to read as follows:
     Com. Sub. for H. B. 4504 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-5c, relating to development and operation of a nursing home by a nonprofit community health care organization designated by a county commission; creating an exemption from the current moratorium on nursing home beds; establishing the prerequisite requirements for the exemption; and mandating conformance to current certificate of need requirements."
     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 Com. Sub. for H. B. 4504, Delegate Denise Campbell submitted a vote explanation as follows:
     Mr. Speaker, Members of the House, it is with reluctance that I cast an affirmative vote on the passage of H. B. 4504. As a long term facility professional, I, as well as my colleagues, have operated under both a moratorium on the addition of nursing home beds and a certificate of need process. Where this bill now incorporates the latter, it still sends a troubling message to long term care facilities in regard to the status of the moratorium that has been in place since 1987.
     Testimony that was provided by advocates of the bill during the House Health and Human Resources Committee cited that the moratorium had been breached by the Legislature seven times since its installation. This begs the question, "Do we have a moratorium, or not?" Demand for elder care services will continue to grow over the next several years as the baby boom generation matures. Given our expanding senior demographic, the Legislature may wish to examine the moratorium in its entirety in the near future; however, the continued issuance of exemptions by this body will only perpetuate the submission of individual pieces of legislation looking for the same consideration in adding beds in pockets of need all over the state. Should this process be the future of long term care bed provision in West Virginia?
     I do not take issue with the perceived need of long term care beds in Wirt County. Residents should be bale to have services closer to their home communities and family. It is for this reason that I cast my vote in the affirmative on the bill.
Miscellaneous Business

     Delegate Hall noted to the Clerk that he was absent when the votes were taken on Roll Nos. 139 through145, and that had he been present, he would have voted "Yea" thereon.
     Delegate L. Phillips noted to the Clerk that she was absent when the votes were taken on Roll Nos. 163 and 164, and that had she been present, she would have voted "Yea" thereon.
     Delegate Stowers noted to the Clerk that he was absent when the vote was taken on Roll No. 172, and that had he been present, he would have voted "Yea" thereon.
     At 11:53 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 3:00 p.m., and reconvened at that time.
* * * * * * *

Afternoon Session

* * * * * **

Reordering of the Calendar

     Delegate Boggs announced that the Committee on Rules had transferred Com. Sub. for H. B. 4301, Com. Sub. for H. B. 4514 and Com. Sub. for H. B. 4585, on Third Reading, Special Calendar, to the House Calendar.
     Com. Sub. for H. B. 4506
, Relating to absentee ballot fraud; 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. 177), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4506) 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. 4511, Creating the Shale Research, Education, Policy and Economic Development Center at West Virginia University; 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. 178), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Householder, Howell and J. Miller.
     Absent and Not Voting: Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4511) passed.
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 179), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Householder and Howell.
     Absent and Not Voting: Givens and Snuffer.
     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. 4511) 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. 4521, Permitting the restructuring of child support payments of an inmate who is released under certain circumstances; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 180), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Gearheart.
     Absent and Not Voting: Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4521) 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. 4522, Providing additional contempt powers for family court judges; 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. 181), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:
     Absent and Not Voting: Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4522) 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. 4523, Relating to the Bureau for Child Support enforcement and reporting employment and income of an independent contractor; 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. 182), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Cowles, Householder, Howell and J. Miller.
     Absent and Not Voting: Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4523) 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. 4542, Relating to unemployment compensation benefits; 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. 183), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Sigler.
     Absent and Not Voting: Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4542) passed.
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 184), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Givens and Snuffer.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4542) 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. 4547, Creating the West Virginia Innovation Free-Trade Business Technology Property Valuation Act and the West Virginia Innovation Free-Trade Tax Credit Act; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 185), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Cowles, Gearheart, Householder, Howell and J. Miller.
     Absent and Not Voting: Fleischauer, Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4547) 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. 4554, Accepting additional students for enrollment in early childhood education programs; 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. 186), and there were--yeas 83, nays 14, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Andes, Ashley, Border, Carmichael, Cowles, Householder, Howell, Lane, J. Miller, Savilla, Sigler, Sobonya, Storch and Walters.
     Absent and Not Voting: Fleischauer, Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4554) 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. 4567, Permitting the Harrison county commission to levy a special district tax; 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. 187), and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Armstead, Gearheart, Howell, Kump, J. Miller and Sobonya.
     Absent and Not Voting: Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4567) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 188), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Armstead, Gearheart, Kump, J. Miller and Sobonya.
     Absent and Not Voting: Givens and Snuffer.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4567) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 4572, Relating to school service personnel classification and compensation; 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. 189), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Cowles and Householder.
     Absent and Not Voting: Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4572) passed.
     On motion of Delegate White, the title of the bill was amended to read as follows:
     Com. Sub. for H. B. 4572 - "A Bill to amend and reenact §18-20-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-2-4 of said code; and to amend and reenact §18A-4-8 and §18A-4-8a of said code, all relating to school service personnel classification and compensation; modifying and updating certain classification titles; modifying certain pay grade levels; allowing application of time devoted to acquiring or renewing certification of certification as a condition of employment toward annual continuing education requirements; and providing for additional compensation in certain circumstances."
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 190), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Cowles and Howell.
     Absent and Not Voting: Givens and Snuffer.
     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. 4572) 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. 4581, Making grants from state and other funds to provide civil legal services to low income persons; 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. 191), and there were--yeas 84, nays 13, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Border, Howell, Kump, Lane, J. Miller, Nelson, O'Neal, Savilla, Sigler, Sobonya and Walters.
     Absent and Not Voting: Brown, Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4581) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 192), and there were--yeas 85, nays 12, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Armstead, Border, Gearheart, Howell, Kump, Lane, J. Miller, O'Neal, Savilla, Sigler, Sobonya and Walters.
     Absent and Not Voting: Brown, Givens and Snuffer.
     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. 4581) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 4601, Authorizing the West Virginia National Guard to participate in a federal asset forfeiture or sharing program; 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. 193), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
     Absent and Not Voting: Brown, Fleischauer, Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4601) 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. 4605, Providing a premarital education option to applicants for marriage licenses; 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. 194), and there were--yeas 79, nays 17, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Cann, Carmichael, Cowles, Gearheart, Hatfield, Howell, Ireland, Kump, Martin, C. Miller, Nelson, Savilla, Sigler and Walters.
     Absent and Not Voting: Brown, Fleischauer, Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4605) 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. 4613, Relating to development of broadband infrastructure and broadband deployment in this state; on third reading, coming up in regular order, with an amendment pending, was, on motion of Delegate Boggs, placed at the foot of the calendar.
     H. B. 4626, Increasing state police principal supervisors to nineteen; 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. 195), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Savilla and Sigler.
     Absent and Not Voting: Brown, Givens and Snuffer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4626) 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. 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 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. 196), and there were--yeas 82, nays 17, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Border, Carmichael, Duke, Ellem, Gearheart, Howell, Ireland, Lane, C. Miller, J. Miller, O'Neal, Savilla, Sobonya, Sumner and Walters.
     Absent and Not Voting: Givens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4634) passed.
     An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:
     H. B. 4634 - "A Bill to repeal §60-2-21 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6C-1 of said code, all relating to audits; removing the requirement for the Legislative Auditor to conduct certain fiscal audits of the Alcohol Beverage Control Commission and the Children's Trust Fund."
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 197), and there were--yeas 81, nays 18, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Andes, Border, Carmichael, Duke, Ellington, Gearheart, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, O'Neal, Savilla, Snuffer, Sobonya, Sumner and Walters.
     Absent and Not Voting: Givens.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4634) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 4636, Authorizing a responsible parent 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. 198), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
     Absent and Not Voting: Givens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4636) passed.
     On motion of Delegate White, the title of the bill was amended to read as follows:
     H. B. 4636 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated, §16-44-1, relating to a responsible parent program pilot project; authorizing the Division of Corrections to create the pilot project; providing criteria to participate in the project; providing educational topics for the project; and providing reporting requirements."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

     H. B. 4647, Relating to funeral expenses for indigent persons; 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. 199), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
     Absent and Not Voting: Givens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4647) 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. 4652, Making a supplementary appropriation to various agencies; 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. 200), and there were--yeas 93, nays 6, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Cowles, Gearheart, Householder, Howell, J. Miller and Savilla.
     Absent and Not Voting: Givens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4652) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 201), and there were--yeas 93, nays 6, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Cowles, Gearheart, Householder, Howell, J. Miller and Savilla.
     Absent and Not Voting: Givens.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4652) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4653, Relating to public school support computation of local share; 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. 202), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
     Absent and Not Voting: Givens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4653) 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. 4654, Relating to the provision of mailing services by the CPRB to certain retiree organizations; on third reading, coming up in regular order, was read a third time.
     Delegate Lane requested to be excused from voting on the passage of H. B. 4654 under the provisions of House Rule 49.
     The Speaker replied that Delegate Lane 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 Delegate from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 203), and there were--yeas 70, nays 29, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Border, D. Campbell, Carmichael, Cowles, Ellem, Ellington, Gearheart, Hartman, Householder, Howell, Lane, Michael, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Savilla, Sigler, Snuffer, Sobonya, Storch and Walters.
     Absent and Not Voting: Givens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4654) passed.
     On motion of Delegates Morgan and Boggs, the title of the bill was amended to read as follows:
     H. B. 4654 - "A Bill to amend and reenact §5-10D-6 of the Code of West Virginia, 1931, as amended, relating to the Consolidated Public Retirement Board providing mailing services to certain retiree organizations; requiring the Consolidated Public Retirement Board to provide mailing services upon request of certain retiree organizations; authorizing the Consolidated Public Retirement Board to contract with a third party to provide mailing services if the third party agrees to maintain the confidentiality of the list; providing that the Consolidated Public Retirement Board is not liable for providing the mailing lists; and terminating the authority to request and provide mailing services as of a certain date."
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 204), and there were--yeas 76, nays 23, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Border, Carmichael, Cowles, Ellem, Ellington, Gearheart, Householder, Howell, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Savilla, Sigler, Snuffer, Sobonya, Storch and Walters.
     Absent and Not Voting: Givens.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4654) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. B. 4655, Relating to school service personnel certification; on third reading, coming up in regular order, was reported by the Clerk.
     Delegate M. Poling asked and obtained unanimous consent that the rule be suspended to permit the offering and consideration of an amendment to the bill on third reading.
     On motion of Delegate M. Poling, the bill was amended on page eight, section eight-e, lines one hundred forty-six and one hundred forty-seven, by striking out the words "the West Virginia School Service Personnel Association", and inserting in lieu thereof the words "employee organizations representing school service personnel".
     Having been engrossed, the bill was then read a third time.
     Delegates Moye and Stephens requested to be excused from voting on the passage of H. B. 4655 under the provisions of House Rule 49.
     The Speaker replied that the delegates were members 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 members from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 205), and there were--yeas 80, nays 19, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Ashley, Carmichael, Cowles, Ellem, Ellington, Householder, Howell, Kump, Lane, J. Miller, Nelson, Overington, Savilla, Sigler, Sobonya, Storch and Walters.
     Absent and Not Voting: Givens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4655) passed.
     On motion of Delegates M. Poling, Paxton and Gearheart, the title of the bill was amended to read as follows:
     H. B. 4655 - "A Bill to amend and reenact §18A-4-8e of the Code of West Virginia, 1931, as amended, relating to school service personnel certification; establishing criteria for certain certificate issuance, denial and revocation; establishing certification review panel; requiring reporting of certain acts; providing for certificate recall and correction under certain circumstance; and requiring State Board rule."
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 206), and there were--yeas 82, nays 17, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Carmichael, Cowles, Ellem, Ellington, Householder, Howell, Kump, Lane, J. Miller, Nelson, Overington, Savilla, Sobonya, Storch and Walters.
     Absent and Not Voting: Givens.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4655) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     At the request of Delegate C. Miller, and by unanimous consent, an amendment to H. B. 4549, Imposing a monetary penalty on unemployment compensation recipients for obtaining benefits through the use of fraudulent statements, by Delegates C. Miller, Gearheart, Border Pasdon and Sobonya, was withdrawn.
Second Reading

     Com. Sub. for H. B. 4396, West Virginia Fire, EMS and Law-Enforcement Officer Survivor Benefit Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Delegate Boggs moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
     On this question, the yeas and nays were taken (Roll No. 207), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Givens and Talbott.
     So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 208), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent and Not Voting: Givens and Talbott.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4396) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 209), and there were--yeas 98, nays none, absent and not voting 1, with the absent and not voting being as follows:
     Absent and Not Voting: Givens.
     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. 4396) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for 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.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to
     Com. Sub. for H. B. 4078, Extending certain deadlines for mandated actions regarding higher education personnel.
     The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
     Senators Plymale, Edgell and Boley.
     On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.
     Whereupon,
     The Speaker appointed as conferees on the part of the House of Delegates the following:
     Delegates M. Poling, Perry and Duke.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
     H. B. 4493, Establishing special memorial days for certain military veterans.
     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. 4 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-19, relating to a child's right to nurse; and authorizing a mother to breast feed a child in any location where the mother and child have a right to be"; which was referred to the Committee on Heath and Human Resources 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
     Com. Sub. for S. B. 36 - "A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended, relating to requiring the disclosure of subcontractors providing over a certain monetary amount of services within one business day of the close of bids for public construction contracts"; 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. 60 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug and recklessly causing serious bodily injury to another person; and establishing penalties for first and subsequent violations of certain provisions"; which was referred to the Committee on Roads and Transportation then the Judiciary.
    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        
     Com. Sub. for S. B. 109 - "A Bill to amend and reenact §16-5O-2, §16-5O-3 and §16-5O-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-5O-3a, all relating to permitting unlicensed personnel to administer or assist with administration of medications in certain circumstances; defining terms; providing exemptions from licensure; and limitation of liability for registered nurses"; which was referred to the Committee on Health and Human Resources ant 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. 110 - A Bill to amend and reenact §31-15C-3 and §31-15C-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the membership of the Broadband Deployment Council; and expanding the powers and duties of the Broadband Deployment Council"; 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. 139
- "A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to making the offense of failure to wear safety belts a primary offense; and modifying fines"; which was referred to the Committee on Roads and Transportation 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
     Com. Sub. for S. B. 340 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25a, relating to defining "youth athletes"; requiring the West Virginia Secondary Schools Activities Commission to promulgate rules that address concussions and head injuries in youth athletes; setting forth minimum provisions to be included in the rules; and exempting volunteer health care provider from liability in certain instances"; which was referred to the Committee on Education 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
     Com. Sub. for S. B. 354 - "A Bill to amend and reenact §3-10-7 and §3-10-8 of the Code of West Virginia, 1931, as amended, all relating to providing for vacancies in the offices of county commissioner, clerk of the county commission, prosecuting attorney, sheriff, assessor and surveyor; and authorizing the appointment of a temporary successor for no more than thirty dayfrom the date of the vacancy"; 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. 365
- "A Bill to amend and reenact §5-16-4 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Insurance Agency Finance Board; and changing the composition of the board"; which was referred to the Committee on Political Subdivisions then Government Organization.
     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. 387 - "A Bill to amend and reenact §15-5-20 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-5-20a, all relating to disaster prevention; eliminating the requirement that the Office of Emergency Services report to the West Virginia Disaster Recovery Board on debris that may cause an obstruction during disasters; requiring all flood plain managers to complete yearly training; and providing that another manager may take over the responsibilities of a manager who has not completed the required training"; which was referred to the Committee on Government Organization.
     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. 399 - "A Bill to amend and reenact §33-12-7 and §33-12-8 of the Code of West Virginia, 1931, as amended, all relating to education for insurance producers; renaming the Board of Insurance Agent Education; revising certain membership requirements of the Board of Insurance Producer Education; providing for payment of certain expenses of board members; revising role of the board; continuing education; exempting certain insurance producers from continuing education requirements; reducing period in which a producer whose license has been suspended for noncompliance with continuing education requirements may demonstrate compliance; and permitting the Insurance Commissioner to propose a rule to change certaifees"; 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. 412 - "A Bill to amend and reenact §24B-4-6 of the Code of West Virginia, 1931, as amended, relating to civil penalties that can be imposed by the Public Service Commission for pipeline safety violations"; 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. 417
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-6-22a, relating to establishing the right to control the disposition of the remains of a deceased person; determining who has that right; setting forth how that right may be forfeited; setting forth the role of the county commission; and limiting the liability of funeral homes"; 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. 421 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H- 14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; stating the powers and duties of the Department of Agriculture; promulgating rules; establishing the duties and obligation of the commissioner; creating an application process; issuing, renewing, modifying and transferring license certificates; inspecting facilities; transitioning current facilities to new licensure procedures; creating penalties for noncompliance with article; amending Division of Natural Resources laws relating to captive cervids; and providing for certain criminal penalties and remedies"; 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. 435 - "A Bill to amend and reenact §16-5C-18 of the Code of West Virginia, 1931, as amended, relating to the conveyance of personal funds upon death of nursing home residents"; 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. 479 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4, §19-20C- 5, §19-20C-6 and §19-20C-7, all relating to establishing the West Virginia Spay Neuter Program and Fund; establishing low-cost spay neuter and vaccination program for residents receiving public assistance; creating list of participating veterinarians to be reimbursed eighty percent of the cost; creating voluntary checkoff option to donate a portion of the tax refund to the fund; designating the Commissioner of the Department of Agriculture to manage the fund and program; limiting administrative expenses of fund; requiring annual reporting; authorizing rulemaking; and permitting administrative penalties"; 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. 498 - "A Bill to amend and reenact §9-6-8 and §9-6-9 of the Code of West Virginia, 1931, as amended, all relating to adult protective services and reports of abuse, neglect or exploitation of vulnerable adults; permitting distribution of adult protective services records to certain individuals and entities; permitting distribution of a summary of those records to certain other individuals and entities; protecting the confidentiality of the identity of the reporter; and requiring a program for notifying mandatory reporters at the outset and conclusion of investigations"; 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. 512 - "A Bill to amend and reenact §17C-5A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §17C-5C-4a and §17C-5C-4b, all relating to updating statutory provisions relating to procedures of the Office of Administrative Hearings; providing written objections to revocation notices may be filed by facsimile or e-mail; providing notices of hearing are sent to the parties and their legal counsel; providing that the Office of Administrative Hearings has subpoena authority; providing that parties may enforce Office of Administrative Hearings subpoenas in circuit court; providing that the Division of Motor Vehicles may serve subpoenas to law-enforcement officers by electronic mail; deleting language indicating that a notice of hearing sent by certified or registered mail to a law-enforcement officer constitutes a subpoena to appear; authorizing the Office of Administrative Hearings to propose legislative rules to implement the provisions of this article and to carry out the duties prescribed therein; and requiring persons witpending contested matters to provide notice of change of address"; 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. 519 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-3-14; and to amend and reenact §17B-4-3 of said code, all relating to the suspension or revocation of driver's licenses; making legislative findings; establishing a driver's license restoration program; waiving certain reinstatement requirements to restore driving privileges; reducing the period for suspension upon receipt of notice of driving while suspended for nondriving under the influence offenses; and granting rule-making authority"; 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. 528 - "A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to scrap metal dealers and scrap metal generally; providing definitions; requiring scrap metal dealers to obtain business licenses; requiring certain information to be obtained and kept for each scrap metal transaction; requiring scrap metal dealer and seller to sign a purchase ticket; requiring signed statements of ownership; providing that scrap metal dealer must produce certain information upon request of law-enforcement officers; prohibiting the possession of stolen or unlawfully obtained scrap metal; requiring the obtaining of a thumb print of the seller in transactions making catalytic converters; prohibiting purchase of certain items of scrap metal without proof of lawful possession; and establishing offenses and 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
     Com. Sub. for S. B. 535 - "A Bill to amend and reenact §30-3-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-7-15a of said code; and to amend and reenact §30-14A-1 of said code, all relating to expanding prescriptive authority of advanced nurse practitioners, physician assistants and assistants to osteopathic physicians and surgeons to allow the prescribing of medications for chronic diseases for a ninety-day period with three ninety-day refills"; 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
     Com. Sub. for S. B. 588 - "A Bill to repeal §60A-8-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-8-3, §60A-8-5 and §60A-8-7 of said code; and to amend said code by adding thereto three new sections, designated §60A-8-14, §60A-8-15 and §60A-8-16, all relating generally to wholesale drug distributors licensed by Board of Pharmacy; specifying purpose of article; defining terms; specifying wholesale drug distributor licensing requirements; specifying powers of Board of Pharmacy; increasing licensing fees; requiring updates when material changes occur to a licensee; authorizing board to take certain disciplinary action against licensees, including revocation or suspension of licenses, refusal to renew license and civil penalties; providing for register of wholesale and pharmacy distributors of prescriptiodrugs; and providing for the disposition of fees."
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 588) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 597 - "A Bill to amend and reenact §29-3-16a of the Code of West Virginia, 1931, as amended, relating to carbon monoxide detectors, smoke detectors and sprinkler systems; requiring smoke detectors and sprinkler systems meet and be installed according to current edition of national standard requirements; requiring carbon monoxide detectors be installed in certain public facilities on and after certain effective date; requiring carbon monoxide detectors be hardwired into alternating current on and after certain date; allowing the installation of either single station carbon monoxide detector or combination smoke detector and carbon monoxide detector; providing certain exception for installing carbon monoxide detectors in certain long-term care facilities; and providing for minimum specification requirements and testing, maintaining, repairing and replacing carbon monoxide detectors"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. 621 - "A Bill to amend and reenact §8A-5-6 and §8A-5-7 of the Code of West Virginia, 1931, as amended, all relating to the approval of major subdivision or land development plans and plats; and requiring a letter from the Division of Highways stating there is sufficient access to state roads"; which was referred to the Committee on Roads and Transportation then Government Organization.
     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. 623 - "A Bill to amend and reenact §24-2-2 of the Code of West Virginia, 1931, as amended, relating generally to the power of the Public Service Commission to regulate public utilities; and authorizing the Public Service Commission to promulgate rules establishing requirements for capacity improvement fees"; 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. 655
- "A Bill to amend and reenact §30-10-8 of the Code of West Virginia, 1931, as amended, relating to licensure of veterinarians; and allowing the licensure of certain veterinarians by endorsement"; which was referred to the Committee on Government Organization.
     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. 661 - "A Bill to amend and reenact §18B-2A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §21A-10-11 of said code, all relating to the West Virginia Network of Educational Telecomputing; collecting, synthesizing and disseminating data from state agencies; improving communication and cooperation among state education providers; directing institutional boards of governors to cooperate in certain data-related operations; requiring certain reports and providing certain privacy protections; setting forth certain penalties for noncompliance; authorizing the Commissioner of Workforce West Virginia to share data with certain education providers; and making certain technical corrections"; which was referred to the Committee on Education then Finance.
     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. 33 - "Requesting the Joint Committee on Government and Finance conduct a study of multiple topics all related to health, nutrition and wellness programs in public schools, including fitness requirements, nutrition in school meals and the inclusion of West Virginia food products in school meals."
     Whereas, The Legislature recognizes the rising burden on our citizens, society and health care system related to the current childhood obesity crisis; and
     Whereas, The Legislature recognizes the importance of fitness and nutrition to the health and well-being of our students; and
     Whereas, It is found that, currently, many West Virginia students eat two meals a day at school, constituting a large portion of their daily caloric intake; and
     Whereas, The Legislature further recognizes the crucial role that fresh produce plays in meeting the nutritional needs of our students; and
     Whereas, The Legislature recognizes the importance of strengthening our local food systems for regional economic development; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Joint Committee on Government and Finance to conduct a study of multiple topics all related to health, nutrition and wellness programs in public schools, including fitness requirements, nutrition in school meals and the inclusion of West Virginia food products in school meals; and, be it
     Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the following:
     (1) The success of Cabell County schools which have adopted an innovative approach to preparing school meals, and the possibility of adopting this approach statewide;
     (2) The current nutritional requirements and purchasing agreements in West Virginia's school meal programs;
     (3) The current required levels of physical education in public schools; and
     (4) The current percentage of food sourced from West Virginia growers and producers in school meals, and the possibility of instituting a requirement with regard to this percentage; 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 necessary 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.
     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. 35 - "Requesting the Joint Committee on Government and Finance authorize the study of the distribution of municipal property taxes."
     Whereas, Municipalities are struggling with increasing costs to provide basic and critical emergency services needed to attract and maintain economic development; and
     Whereas, Municipalities are also increasing service fees to continue basic municipal services such as water, sewer, roads, sidewalks, snow removal and trash services; and
     Whereas, The distribution of property taxes in West Virginia is antiquated, inequitable and penalizes municipal citizens; and
     Whereas, Many municipal taxpayers are contributing a larger amount to the unicorporated areas of the state than to their own city; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Joint Committee on Government and Finance to authorize the study of the distribution of municipal property taxes; 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 necessary 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.
     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. 38 - "Requesting the Committee on Interstate Cooperation to study whether the State of West Virginia should revise its current Uniform Common Interest Ownership Act."
     Whereas, The State of West Virginia first adopted a Uniform Common Interest Ownership Act more than two decades ago; and
     Whereas, The National Conference of Commissioners on Uniform State Laws has presented various updated versions of the Uniform Common Interest Ownership Act Since West Virginia first adopted a version of the act; and
     Whereas, Parts of the state act have been updated from time to time; and
     Whereas, The West Virginia Legislature has not made a comprehensive study of the entire act to fully consider whether parts of the state act should be revised to conform to updated versions presented by the National Conference of Commissioners on Uniform State Laws and adopted by other states; and
     Whereas, The growth in ownership of condominiums and other common interest communities in the state underscores the importance of having a body of laws which address current concerns in the area of common interest ownership; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Committee on Interstate Cooperation is hereby requested to study whether the State of West Virginia should revise its current Uniform Common Interest Ownership Act; and, be it
     Further Resolved, That the Committee on Interstate Cooperation report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary 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.
     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 a joint resolution, which was read by its title and referred to the Committee on Constitutional Revision then Finance as follows:
      S. J. R. 9 - "Proposing constitutional amendment designated Boy Scouts and Other Nonprofit Youth Organization Tax Exemption Support Amendment."
     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 4206, Authorizing the Department of Transportation to promulgate legislative rules.
     On motion of Delegate Boggs, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page three, section one, line nine, after the word "authorized" by striking out the period and adding the following: with the following amendments:
     On page twenty-seven, subdivision 7.2.l., by striking out the word "al" and inserting in lieu thereof the word "all";
     On page thirty-five, subdivision 8.1.a., by striking out all of subdivision 8.1.a.;
     And relettering the remaining subdivisions;
     On page forty-three, subdivision 9.7.c., by striking out the word "subsection" and inserting in lieu thereof the word "subdivision";
     On page fifty-four, subdivision 9.21.b, by striking out the words "W.Va. Code §22-11" and inserting in lieu thereof the words "Water Pollution Control Act, W.Va. Code §22-11-1 et seq";
     And,
     On page ninety-five, subdivision 13.2.e., by striking out "§5A-3-33a-f" and inserting in lieu thereof "§5A-3-33d".
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4206 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Commissioner of Highways to promulgate a legislative rule relating to the construction and reconstruction of state roads(157 CSR 3);authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways (157 CSR 7); and authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to compulsory motor vehicle liability insurance (91 CSR 13)."
     On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 210), and there were--yeas 81, nays 18, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Ashley, Carmichael, Duke, Householder, Howell, Kump, Lane, C. Miller, J. Miller, O'Neal, Overington, Savilla, Snuffer, Sobonya, Sumner and Walters.
     Absent and Not Voting: Givens.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4206) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 211), and there were--yeas 84, nays 15, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Duke, Gearheart, Householder, Howell, Kump, C. Miller, J. Miller, O'Neal, Overington, Savilla, Snuffer, Sumner and Walters.
     Absent and Not Voting: Givens.
     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. 4206) takes effect from passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     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. 51 - "A Bill to amend and reenact §48-8-103 of the Code of West Virginia, 1931, as amended, relating to providing for denial of spousal support if a party learns of a spouse committing adultery through DNA evidence after entry of the divorce decree"; 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. 149 - A Bill to amend and reenact §36-8A-2, §36-8A-3 and §36-8A-5 of the Code of West Virginia, 1931, as amended, all relating to the disposition of forfeited or abandoned firearms in state custody"; 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. 153 - "A Bill to amend and reenact §11-13W-1 of the Code of West Virginia, 1931, as amended, relating to increasing the tax credits for apprenticeship training in construction trades"; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business 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
     S. B. 337 - "A Bill to amend and reenact §31A-2-4 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the Commissioner of Banking; authorizing the Commissioner of Banking to establish relationships or contracts with the Nationwide Mortgage Licensing System and Registry, or other entities designated by the Nationwide Mortgage Licensing System and Registry, to collect and maintain records related to criminal background investigations and fingerprinting for persons subject to this subsection; providing that the Commissioner of Banking may use the Nationwide Mortgage Licensing System and Registry, or its designated vendor, as a channeling agent for requesting information from and distributing information to the Department of Justice or any governmental agency; providing that the Commissioner of Banking may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting and distributing information to and from any source so directed by the Commissioner; authorizing the Commissioner of Banking to conduct examinations of third-party providers of information technology services to financial institutions; creating a special revenue account to be known as the Consumer Education Fund, which may be expended by the commissioner to promote consumer awareness and understanding of issues related to residential mortgage lending; providing that ten percent of all civil administrative penalties collected by the Division of Banking during each fiscal year shall be deposited into that account, which may be invested and retain all earnings and interest; and providing that at the end of each fiscal year, any remaining balance less than $500,000, including accrued interest, shall remain in the account and that any balance exceeding $500,000 shall revert to the General Revenue Fund"; which was referred to the Committee on Banking and Insurance 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. 342 - "A Bill to amend and reenact §25-1-1a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §25-1- 23; to amend and reenact §28-5-27 of said code; to amend said code by adding thereto a new section, designated §51-1-24; to amend said code by adding thereto a new section, designated §60A-1-102; to amend and reenact §60A-4-401 and §60A-4-407 of said code; to amend and reenact §62-1-5a of said code; to amend and reenact §62-1C-3 of said code; to amend said code by adding thereto a new section, designated §62-11C-3a; to amend said code by adding thereto four new sections, designated §62-12-1a, §62-12-5a, §62-12-29 and §62-12-30; to amend and reenact §62-12-18 of said code; and to amend said code by adding thereto a new section, designated §62-13-1, all relating to the criminal justice system generally; identifying the primary objective for both the Division of Corrections and sentencing policy as maintaining public safety, holding offenders accountable and maintaining the lowest possible recidivism rate; creating an intensive secured substance abuse recovery program; providing additional good-time credit for successful completion of education or treatment programs; providing additional good-time credit for exceptionally meritorious service; amending the Uniform Controlled Substances Act; permitting deferred prosecution sentence in circuit courts for first- and second-time simple possession offenders; requiring a law-enforcement officer to issue a citation instead of making an arrest for misdemeanor offenses with certain exceptions; prohibiting bail amounts for misdemeanors to exceed the fines and fees of the highest offense charged and exception thereto; requesting courts and requiring corrections authorities incorporate risk and needs assessment information into the decision-making process; requiring state expenditures on supervision and intervention programs for pretrial defendants, inmates and those on parole and probation to be spent on programs that are evidence based; requiring offenders to be supervised using practices proven to reduce or otherwise maintain low recidivism rates; requiring the use of administrative caseloads for low-risk offenders; requiring six months of mandatory supervision for offenders who would otherwise be discharged without supervision at the end of their sentences at the instance of the Commissioner of Corrections; authorizing the Division of Corrections to allow offenders to complete required programming in the community and be monitored; increasing accountability for probation and parole violations by authorizing imposition of administrative, graduated sanctions for parole and probation violators; and creating two pilot projects that require frequent drug testing with immediate sanctions for positive drug tests or other violations and referral to treatment if necessary"; 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. 362 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-18e; to amend and reenact §31-15-16a of said code; and to amend said code by adding thereto a new section, designated §31-15-16b, all relating to authorizing the issuance of $52.5 million in bonds for capital improvements for Cacapon Resort State Park and Beech fork State Park beginning in fiscal year 2013; providing that the debt service on the bonds is payable from an additional $3 million allocation to the State Park Improvement Fund from the State Excess Lottery Revenue Fund; and providing that the Economic Development Authority may issue the bonds"; 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, to take effect July 1, 2012, and requested the concurrence of the House of Delegates in the passage, of
     S. B. 424 - "A Bill to amend and reenact §30-27-10 of the Code of West Virginia, 1931, as amended, relating to the Board of Barbers and Cosmetologists; and exempting barbers licensed in West Virginia for thirty years or more from continuing education requirements"; which was referred to the Committee on Government Organization.
     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. 437 - "A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §16-5H-1, §16-5H-2, §16-5H-3, §16-5H-4, §16-5H-5, §16-5H-6, §16-5H-7, §16-5H-8 and §16-5H-9; to amend and reenact §30-1-7a of said code; to amend and reenact §30-5-3 of said code; to amend and reenact §60A-9-3, §60A-9-4, §60A-9-5 and §60A-9-7 of said code; to amend said code by adding thereto three new sections, designated §60A-9-4a, §60A-9-5a and §60A-9-8; to amend and reenact §60A-10-3, §60A-10-4, §60A-10-5, §60A-10-7, §60A-10-8 and §60A-10-11 of said code; and to amend and reenact §61-12-10 of said code, all relating to substance abuse generally; addressing the regulation of opioid treatment programs in this state; updating rules for opioid treatment program facilities to require clinical guidelines, recovery models, education and training requirements for treatment facility staff and treatment limitations and requirements; addressing the licensing and oversight of chronic pain management clinics; creating the Chronic Pain Clinic Licensing Act; providing definitions; establishing requirements for ownership, licensure, operation and management of pain management clinics; establishing limitations on the dispensing of controlled substances at a pain management clinic; requiring annual inspections of pain management clinics; providing for suspension or revocation of a pain management clinic license and setting forth due process requirements; providing for prohibitions on practicing at or operating a pain management clinic under certain circumstances; providing civil penalties regarding pain management clinics; providing for notice requirements to applicable licensing boards; requiring rules for the licensure of pain management clinics; removing requirement of certain licensed or certified health care professionals to complete continuing education course work on the subject of end-of-life care; requiring certain licensed or certified health care professionals to complete drug diversion training and best practice prescribing of controlled substances training; requiring certain licensing boards to establish drug diversion training and best practice prescribing of controlled substances training; requiring a valid practitioner-patient relationship to exist prior to compounding or dispensing prescriptions; clarifying certain circumstances that do not establish a valid practitioner-patient relationship; requiring certain persons to submit information to the Controlled Substances Monitoring Program database within twenty-four hours; requiring additional information to be submitted to the Controlled Substances Monitoring Program database; clarifying that reporting is required for certain amounts of drugs dispensed to patients; requiring verification of certain information reported to the Controlled Substances Monitoring Program database; providing certain requirements and training for law-enforcement officials in order to access the Controlled Substance Monitoring Program database; permitting the Controlled Substance Monitoring Program Database Review Committee to query the Controlled Substance Monitoring Program database; requiring the Board of Pharmacy to review the Controlled Substance Monitoring Program database in order to issue certain reports; permitting the Board of Pharmacy to share certain information contained in the Controlled Substance Monitoring Program database with the Department of Health and Human Resources; requiring the Board of Pharmacy to establish an advisory committee; setting forth the membership of the advisory committee; outlining the advisory committee's scope and duties; requiring the Board of Pharmacy to create a Controlled Substances Monitoring Program Database Review Committee; setting forth the membership of the review committee; outlining the review committee's scope, powers and duties; requiring the Board of Pharmacy to promulgate certain legislative rules; permitting prescribing practitioners to notify law enforcement of certain violations with immunity; requiring the Board of Pharmacy to provide annual reports to the Legislature; requiring various boards that regulate professions with prescriptive authority to require persons licensed by the board to conduct an initial search of the Controlled Substance Monitoring Program database when prescribing a course of treatment that includes prescribing of pain-relieving controlled substances and an annual search of the Controlled Substance Monitoring Program database for certain patients; setting forth penalties for failing to search the Controlled Substance Monitoring Program database in certain circumstances; establishing a felony offense and penalties for unauthorized access, use or disclosure of information contained in the Controlled Substance Monitoring Program database; creating Fight Substance Abuse Fund and setting forth permissible uses for fund; defining terms and updating definitions in the Methamphetamine Laboratory Eradication Act; establishing restrictions on the sale, transfer or dispensing of ephedrine, pseudoephedrine and phenylpropanolamine by pharmacies; establishing criminal penalties for purchasing, receiving or possessing certain quantities of ephedrine, pseudoephedrine and phenylpropanolamine; establishing criminal penalties for pharmacies, wholesalers or other entities which sell, transfer or dispense a product under certain circumstances; amending the restrictions on the sale, transfer or delivery of certain designated precursors to the manufacture of methamphetamine or other controlled substances; requiring offer of patient counseling by a pharmacist upon the sale, transfer or delivery of certain designated precursors to the manufacture of methamphetamine or other controlled substances; requiring certain processing requirements of pharmacists, pharmacy intern, and pharmacy technicians; establishing use and requirements of the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to electronically submit certain information to the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to stop pending sales under certain circumstances; limiting liability of retailers utilizing the Multi-State Real-Time Tracking System under certain circumstances; requiring pharmacies or retail establishments to maintain written logs or electronic record-keeping databases under certain circumstances; providing supersession and preemption of all local laws, ordinances and regulations pertaining to the sale of certain substances; amending reporting requirements and requiring real-time electronic reporting of certain information; providing for law- enforcement access to information pertaining to the sale of certain substances; requiring the National Association of Drug Diversion Investigators to forward certain records to the West Virginia State Police and provide real-time access to the Multi-State Real-Time Tracking System to law enforcement; requiring the West Virginia State Police to submit an annual report with data and statistics on methamphetamine use, production and distribution; and requiring the chief medical officer to provide notice to the Controlled Substance Monitoring Program Database Review Committee in the case of a death caused by overdose"; 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 and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 487 - "A Bill to amend and reenact §11-13A-20a of the Code of West Virginia, 1931, as amended, relating to the distribution of coalbed methane gas severance tax; establishing the Coalbed Methane Gas Distribution Fund in the State Treasurer's Office; making technical changes to correct subdivision references; correcting the omission of the term "county economic development corporation"; authorizing the Tax Commissioner to deposit coalbed methane severance tax moneys into the Coalbed Methane Gas Distribution Fund; directing the State Treasurer to distribute coalbed methane severance tax moneys to counties; authorizing distribution of moneys to the lead economic development authority or economic development corporation for the county and designation thereof; authorizing distribution by the State Treasurer of accumulated moneys from fiscal years 2009, 2010, 2011 and 2012 to the lead economic development authority or economic development corporation for the county and designation thereof; specifying the permissible uses of Coalbed Methane Gas Distribution Fund moneys received by county economic development authorities and county economic development corporations; eliminating the requirement of Development Office approval for use of funds; and creating a reporting mechanism for accounting and use of Coalbed Methane Gas Distribution Fund moneys"; 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
     S. B. 490 - "A Bill to amend and reenact §47-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto five new sections, designated §47-2-14a, §47-2- 14b, §47-2-14c, §47-2-14d and §47-2-14e, all relating to making trademark counterfeiting a crime; establishing the elements of the crime; establishing the different degrees of violation; establishing penalties; providing exceptions to those penalties; and defining a term"; 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. 517 - "A Bill to amend and reenact §62-11C-5 of the Code of West Virginia, 1931, as amended, relating to creating community beautification and reclamation programs for state highways, municipal, county and state parks and recreation areas and community gardens through the West Virginia Community Corrections Act."; 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. 552 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-21-1, §31-21-2, §31-21-3, §31-21-4, §31-21-5, §31- 21-6, §31-21-7, §31-21-8, §31-21-9, §31-21-10, §31-21-11, §31-21-12, §31-21-13, §31-21-14, §31- 21-15, §31-21-16, §31-21-17, §31-21-18 and §31-21-19, all relating to authorizing the creation of a public nonprofit corporation and governmental instrumentality under the provisions of article two, chapter thirty-one-e of said code, to collectively address several environmental and economic development programs established to promote the productive reuse of idled and underutilized commercial, industrial and mining properties, support more efficient use of existing public infrastructure and encourage increased job creation with living wages, renewed community vitality and tax revenue generation while protecting public health and our natural resources"; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business,
     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. 562 - "A Bill to amend and reenact §22-11-7b of the Code of West Virginia, 1931, as amended, relating to establishing a public policy for narrative water quality standards; establishing a procedure to determine compliance with the biologic component of the narrative water quality standard; and clarifying rule-making authority."; 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. 599 - "A Bill to amend and reenact §33-6D-1, §33-6D-2 and §33-6D-3 of the Code of West Virginia, 1931, as amended, all relating to use of particular companies or locations providing automobile glass replacement or repair services; adding third-party administrator to those who may not require particular companies or locations when a claim is made under an insurance policy; adding third-party administrators to the list of insurers, agents and adjusters; providing that an insurer or third-party administrator that has a financial interest in an automobile glass company on a recommendation list must disclose such fact on the list; and providing that any list must contain at least two different automobile glass companies"; which was referred to the Committee on Banking and Insurance 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. 605 - "A Bill to amend and reenact §19-25-1, §19-25-3, §19-25-5, §19-25-6 and §19- 25-7 of the Code of West Virginia, 1931, as amended, all relating to limiting the liability of landowners who make land available for military, law-enforcement or homeland-defense training; 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. 608 - "A Bill to amend and reenact §17C-5-4 of the Code of West Virginia, 1931, as amended, relating to driving under the influence of a controlled substance or substances or a combination of a controlled substance or alcohol; authorizing search warrant for blood draw; criteria for seeking a search warrant; and penalties"; 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. 611 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-21-1, §18-21-2, §18-21-3 and §18-21-4, all relating to developing a special community-based pilot demonstration project to help at-risk youth in West Virginia; defining "at risk"; creating a Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth in West Virginia; requiring the Secretary of the West Virginia Department of Health and Human Resources to select a community-based organization to establish a Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth and perform other duties; and setting forth duties and goals of the community-based pilot organization"; 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. 615 - "A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to making West Virginia's Water Pollution Control Act consistent with the federal Water Pollution Control Act, also known as the Clean Water Act, by clarifying that compliance with the effluent limits contained in a National Pollution Discharge Elimination System permit is deemed compliant with West Virginia's Water Pollution Control Act"; 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. 618 - "A Bill to amend and reenact §8-10-2a and §8-10-2b of the Code of West Virginia, 1931, as amended; and to amend and reenact §50-3-2a of said code, all relating to failure to pay costs, fines, forfeitures or penalties imposed when charged with a motor vehicle or criminal violation; and requiring municipal courts and magistrate courts to wait at least ninety days from the date that all costs, fines, forfeitures or penalties are due in full, or the date of the failure to appear, before notifying the Division of Motor Vehicles of that person's failure to pay or failure to appear."; 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. 619 - A Bill to amend and reenact §59-1-2a of the Code of West Virginia, 1931, as amended, relating to annual business fees paid to the Secretary of State; clarifying that limited liability companies, foreign limited liability companies and foreign corporations are required to file annual reports; eliminating criminal penalties; changing a $100 penalty to a $50 late fee for delinquent annual reports; providing a $25 late fee for delinquent annual reports for nonprofit corporations; requiring the Secretary of State to deposit all late fees collected in its general administrative fees account; authorizing the Secretary of State to charge a fee for online purchases of data or conducting transactions online; and authorizing rulemaking"; 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. 624 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6D-10; and to amend said code by adding thereto a new section, designated §11-14C-5a, all relating generally to use of alternative-fuel motor vehicles; permitting transfer of tax credits for purchase of alternative-fuel vehicles, conversion to an alternative-fuel vehicle or construction of alternative-fuel vehicle infrastructure; providing method of collection of motor fuel excise taxes when liquified natural gas, compressed natural gas or natural gas hydrocarbon and derivative are used as motor fuel; and specifying expiration date"; 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. 628 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-8-2c, relating to funding for state executive party headquarters; defining terms; allowing funds to be raised; providing for allowable uses of the funds and prohibitions; setting certain fund raising limits; requiring reports; and requiring legislative rules"; 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. 634 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-13a; and to amend and reenact §8-22-20 of said code, all relating to authorizing certain municipalities with policemen's pension and relief funds or firemen's pension and relief funds to impose by ordinance a limited public safety assessment fee to be used to reduce actuarially accrued liabilities of municipal policemen's or firemen's pension and relief funds; and minimum standards for annual municipal contributions to the pension and relief funds"; which was referred to the Committee on Political Subdivisions 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
     S. B. 637 - "A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1-3 of said code; and to amend and reenact §3-2-2, §3-2-4a, §3-2-18, §3-2-19, §3-2-21, 3-2-23, §3-2-25 and §3-2-29 of said code, all relating to the maintenance of voter registration lists and related records"; which was referred to 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. 643 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-7-705a, relating to the West Virginia Contraband Forfeiture Act; revising procedures for administrative forfeiture of certain types of property involved in the trafficking of controlled substances; establishing time frames; and providing for notice"; 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. 647 - "A Bill to amend and reenact §30-3-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-4-21 of said code; and to amend and reenact §30-14-12a of said code, all relating to the Board of Medicine, Board of Dental Examiners and the Board of Osteopathy; and permitting the boards to independently initiate disciplinary proceedings in certain circumstances"; 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
     Com. Sub. for S. B. 649 - "A Bill to amend and reenact §11-16-3 and §11-16-8 of the Code of West Virginia, 1931, as amended, all relating to the Nonintoxicating Beer Act; adding a limited liability company to the definition of 'person' under the act; allowing a trust to be an applicant for a distributor license; and requiring certain disclosures by applicants for distributor licenses that are trusts or limited liability companies"; 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. 659 - "A Bill to amend and reenact §15-2D-3 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Director of the Division of Protective Services; requiring the director to require certain employees of service providers with the state to submit to a criminal background check under certain circumstances; requiring certain service providers provide employee names to comply with provisions of this section; requiring a clause in future contracts to give the state powers to prohibit certain persons from certain activities based on the results of the background check; defining 'service provider'; and designating the Director of the Division of Protective Services as the person to whom criminal background check information is released"; 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. 671 - "A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended, relating to the taxing of utility terrain vehicles; making an exception for vehicles used for agricultural purposes; and defining 'utility terrain vehicles' as motor vehicles"; 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. 676 - "A Bill to amend and reenact §31-15A-17b of the Code of West Virginia, 1931, as amended, relating to Chesapeake Bay watershed compliance projects; and specifying dates by which eligible projects may apply for grant funding"; which was referred to the Committee on the Judiciary then Finance.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     Com. Sub. for S. B. 7, Relating to administration of Naloxone in suspected drug overdoses,      S. B. 54, Relating to minors obtaining tattoos; parental consent,
     And,
     Com. Sub. for S. B. 73, Regulating tanning facilities.
     And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 7, S. B. 54 and Com. Sub. for S. B. 73) were each referred to the Committee on the Judiciary.
     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 88, The "1st Lt. Therrel Shane Childers Memorial Bridge",
     H. C. R. 89, The "PFC Rodney Kent Ranson Memorial Bridge",
     H. C. R. 94, The "Hunnicutt Family Highway",
     S. C. R. 30, Requesting DOH name portion of Rt. 85 in Boone County "BM2 Michael V. Dunlap and PFC Darrell E. Dunlap Memorial Highway",
     And
     S. C. R. 36, Requesting DOH name bridge in McDowell County "Corporal John A. Gero Memorial Bridge",
     And reports the same back with the recommendation that they each be adopted.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     Com. Sub. for S. B. 536, Authorizing Auditor's land department accept credit, debit or charge card payments,
     And reports the same back with the recommendation that it do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     S. B. 214, Clarifying sunrise review requirement for establishment, revision or expansion of professional scope of practice,
     And reports the same back with the recommendation that it do pass.
     Chairman Poore, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 28th day of February, 2012, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. 30), Providing additional means to notify DMV of purchase of junked vehicle.
     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. 382, Relating to sex offender registration,
     And,
     S. B. 461, Conforming election complaint procedures statute to federal code,
     And reports the same back with the recommendation that they each do pass.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 191, Relating to personal safety orders,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to further consideration of Com. Sub. for S. B. 588, having been read a first time in earlier proceedings.
     On motion of the same gentleman, Com. Sub. for S. B. 588 was referred to the Committee on Finance.
Messages from the Executive

     Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on February 28, 2012, he approved Com. Sub. for S. B. 343.
Resolutions Introduced

     Delegates Butcher, Stowers, R. Phillips and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 95 - "Requesting the Division of Highways to erect signs at the Town of Chapmanville corporate limits on U.S. Rt. 119 at mile post 15.31 on the northbound lane and milepost 15.61 on the southbound lane that state 'Chapmanville - Home of Earl Ray Tomblin, 35th Governor of West Virginia'."
     Whereas, Earl Ray Tomblin was born on March 15, 1952, the son of Freda M. and Earl Tomblin; and
     Whereas, Earl Ray Tomblin was educated in Logan County public schools and obtained a Bachelor of Science degree from West Virginia University and a Master of Business Administration degree from Marshall University; and
     Whereas, Earl Ray Tomblin was first elected to the West Virginia House of Delegates in 1974 and held that position until he was elected to the West Virginia Senate in 1980; and
     Whereas, Earl Ray Tomblin served in the State Senate from 1980 until he was elected Governor of West Virginia in 2011, and he served as Senate President from 1995 to 2011, making him the longest serving Senate President in West Virginia's history; and
     Whereas, Earl Ray Tomblin became the first Lieutenant Governor of West Virginia upon creation of that designation in 2000, and he was called upon to serve as acting Governor in 2010 when then Governor Manchin resigned the position to fill the unexpired term of U. S. Senator Robert C. Byrd; and
     Whereas, On October 4, 2011 Earl Ray Tomblin won the special gubernatorial election to fulfill the remainder of the unexpired term of former Gov. Manchin, and he was sworn in as the 35th Governor of West Virginia on November 13, 2011; and
     Whereas, Governor Earl Ray Tomblin and his wife of thirty-one years, Joanne Jaeger Tomblin, and their son Brent, make their home in Chapmanville, Logan County, West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to erect signs at the Town of Chapmanville corporate limits on U.S. Rt. 119 at mile post 15.31 on the northbound lane and milepost 15.61 on the southbound lane that state "Chapmanville - Home of Earl Ray Tomblin, 35th Governor of West Virginia"; and, be it
     Further Resolved, That the Clerk of the House of Delegates is requested to forward a certified copy of this resolution to the Commissioner of the Division of Highways, to the Town of Chapmanville and to Governor Earl Ray Tomblin.
     Delegates Paxton, Andes, Barker, Evans, Hall, Hatfield, Longstreth, Martin, Moye, Nelson, ROmine and Savilla offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 96 - "Requesting the Division of Highways to name a stretch of highway on West Virginia Route 62 running between Mason and to the end of New Haven, in Mason County, West Virginia, 'The Fields Brothers Memorial Highway'."
     Whereas, Franklin, David, Gerald, Bill, Ray, Glenn and Doc were seven of nine sons of David and Laura Fields of Hartford in Mason County, West Virginia, entered the military and served their country in World War II, Korean War and the Vietnam War; and
     Whereas, Franklin Fields was born June 23, 1920, entered the Navy and fought the Japanese on the Pacific during World War II. Franklin was on Okinawa when Japan surrendered. Franklin also had two sons, Eugene and Jack, who served in the Air Force; and
     Whereas, David Fields Jr. was born January 15, 1922, entered the Navy and fought in the Pacific. David's first ship, USS PC 466, sank. His second ship, USS Arthemis(AKA 21)was at the invasion of Iwo Jima, and was in Tokyo Bay when Japan surrendered; and
     Whereas, Gerald Fields was born July 12, 1923, entered the Army and served in Germany as an ambulance driver. Gerald received the American Theater Ribbon, EAME Theater Ribbon w/2 Bronze Stars, Good Conduct Medal, and Victory Medal World War II. He was in Germany when Germany surrendered; and
     Whereas, Claude "Bill" Fields was born June 18, 1925, entered the Navy and served in the Pacific during World War II. His ship, Battleship USS Mississippi, was hit by two kamikaze planes. Bill received the Pacific Theater Ribbon(6 Stars), American Theater Ribbon, Victory Medal and Philippine Liberation Ribbon(2 Stars). Claude was in Tokyo Bay when Japan surrendered. Bill's son David also served in Vietnam; and
     Whereas, Floyd "Ray" Fields was born June 27, 1929, entered the Army and served during the Korean War. Ray received the Occupation Medal Germany; and
     Whereas, Glenn Fields was born January 7, 1931, entered the Air Force and served during all three supported operations during the Korean War and also served during the Vietnam War. Glenn's son David also served in the Air Force. Glenn served his country for over twenty years; and
     Whereas, Wetzel "Doc" Fields was born May 3, 1933, and entered the Air Force and served during the Korean War; and
     Whereas, All of the seven brothers have passed on except for Wetzel and Glenn Fields, it is fitting and proper, for their dedicated pubic service to their country, state and community, that this stretch of highway be named to memorialize the lives of the Fields brothers; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name a stretch of highway on West Virginia Route 62 between Mason and to the end of New Haven, in Mason County, West Virginia The "Fields Brother Memorial Highway".
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed sign identifying the highway as the "Fields Brothers Memorial Highway"; and, be it
     Further Resolved, That the Clerk of the House of Delegates to forward a certified copy of this resolution to the Secretary of the Department of Transportation, and Wetzel and Glenn Fields.        
     Delegates Armstead, Anderson, Ashley, Azinger, Border, Canterbury, Carmichael, Cowles, Ellem, Ellington, Evans, Hamilton, Householder, Howell, Ireland, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner, Gearheart, Andes and Duke offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 32 - "Requesting Congress and the President of the United States to reverse the policy of the United States Department of Health and Human Services regarding health plan coverage of sterilization, abortifacients and contraception."
     Whereas, On January 20, 2012, the United States Department of Health and Human Services reaffirmed a rule that virtually all private health care plans must cover sterilization, abortifacients and contraception; and
     Whereas, Through this mandate the administration has refused to recognize the constitutional conscience rights of organizations and individuals, thereby launching an unprecedented attack on conscience rights and religious liberty; and
     Whereas, It is unconstitutional for the federal government to require such facilities, including hospitals and schools, to violate their religious beliefs or moral convictions; and
     Whereas, The mandate threatens the religious freedoms of all Americans; and
     Whereas, Freedom of conscience is a bedrock of liberty, inherent to the human person created in the image of God, not a privilege based on the whim of the state; and
     Whereas, It is an injustice to force Americans to choose between violating their consciences and foregoing their healthcare; and
     Whereas, Longstanding federal laws express in the decided opinion of congress and the American people have protected constitutional rights of conscience and religion; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates calls upon the President of the United States to reverse the mandate of the United States Department of Health and Human Services; and, be it
     Further Resolved, That the House of Delegates calls upon Congress to act in defense of First Amendment rights, states' rights, rights of conscience and freedom of religion by providing an effective and comprehensive religious conscience exemption from the Department of Health and Human Services' rules that violate religious liberties by requiring employers to directly or indirectly cover services that may be contrary to religious beliefs and practices; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor of West Virginia, to the President of the United States, to the President of the United States Senate, to the Speaker of the United States House of Representatives and to the members of the West Virginia Congressional Delegation.
     At 4:36 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:30 p.m., and reconvened at that time.
Reordering of the Calendar

     Delegate
Boggs announced that the Committee on Rules had transferred Com. Sub. for H. B. 2816 and Com. Sub. for H. B. 4064, on Third Reading, Special Calendar, to the House Calendar and H. B. 4549, on Third Reading, House Calendar, to the Special Calendar.
Special Calendar

Third Reading

-Continued-

     Com. Sub. for H. B. 3157, Adding an additional family court judge to the twenty-third family court district; 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. 212), and there were--yeas 86, nays 2, absent and not voting 12, with the nays and absent and not voting being as follows:
     Nays: Andes and Savilla.
     Absent and Not Voting: Brown, Craig, Doyle, Gearheart, Givens, Hunt, Manchin, Martin, D. Poling, Romine, Skaff and Swartzmiller.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3157) 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. 4549, Imposing a monetary penalty on unemployment compensation recipients for obtaining benefits through the use of fraudulent; 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. 213), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
     Absent and Not Voting: Craig, Gearheart, Givens, Jones, Manchin, Martin, D. Poling, Romine, Skaff and Swartzmiller.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4549) passed.
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 214), and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:
     Nays: Howell.
     Absent and Not Voting: Craig, Gearheart, Givens, Manchin, Martin, D. Poling, Romine and Skaff.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4549) 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. 4613, Relating to development of broadband infrastructure and broadband deployment in this state; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
     An amendment to the bill, offered by Delegate White, was reported by the Clerk.
     Whereupon,
     Delegate White asked and obtained unanimous consent that the amendment be withdrawn.
     Delegate White then asked and obtained unanimous consent to offer a substitute amendment on this reading.
     On motion of Delegate White, the bill was amended on page three, by striking out everything after the enacting clause and inserting in lieu thereof the following:
 "That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §31-15A-9a, to read as follows:
ARTICLE 15A. WEST VIRGINIA INFRASTRUCTURE AND JOBS DEVELOPMENT         COUNCIL.
§31-15A-9a. Advisory committee on broadband middle mile matters.
_(a) There is hereby created a thirteen member advisory committee to review, study and report on whether to authorize the West Virginia Infrastructure and Jobs Development Council to provide grants or loans, or to authorize to issue broadband middle mile revenue bonds when there are sufficient revenues for the issuance of those bonds to provide funding for grants or loans, to facilitate the development, expansion, and implementation of broadband middle mile projects throughout West Virginia as well as to provide recommendations for any legislation required to meet the advisory committee's recommendations on whether or not such loans, grants or bond issuances should be authorized.
_(b) The advisory committee shall consist of:
_(1) The Governor or his or her designee, who shall serve as chair;
_(2) The Secretary of the Department of Commerce, or his or her designee;
_(3) The Secretary of the Department of Administration, or his or her designee, who shall serve as secretary, shall keep records of the advisory committees proceedings, and shall be responsible for preparation of the committees reports; and
_(4) The chairman of the Infrastructure and Jobs Development Council, or his or her designee;
_(5)Five members selected by the Governor as follows:
_(A) A representative of a competitive local exchange carrier;
_(B) A representative of a incumbent local exchange carrier;
_(C) A representative of a cable provider that also provides internet services;
_(D) A representative of the largest labor organization representing telecommunications workers in this state; and
_(E) A member who represents rural communities; and
_(6) In addition to the nine voting members of the committee, the President of the Senate shall name two senators from the West Virginia Senate and the Speaker of the House shall name two delegates from the West Virginia House of Delegates, each to serve in the capacity of an ex officio, nonvoting advisory member of the committee.
_(c)(1) The advisory committee shall meet, beginning in March, 2012, and shall report on its progress to the Joint Committee on Government and Finance when requested.
_(3) On or before September 1, 2012, the advisory committee shall file a final report with the Joint Committee on Government and Finance setting forth the findings of its study and its recommendations for any legislation required to meet the advisory committee's recommendations.
_(d) The Governor or his or her designee shall appoint one of the other committee members to serve as vice chair. In the absence of the Governor or his or her designee, the vice chair shall serve as chair.
_(e) Five voting members of the committee constitute a quorum and the affirmative vote of at least the majority of those members present is necessary for any action taken by vote of the committee.
_(f) Members of the committee are not compensated for services performed as members, but receive reasonable and necessary expenses actually incurred in the performance of their duties in a manner consistent with guidelines of the travel management office of the Department of Administration.
_(g) The provisions of this section shall expire January 9, 2013.
"
 Having been engrossed, the bill was read a third time.
 Delegate Carmichael requested to be excused from voting on the passage of Com. Sub. for H. B. 4613 under the provisions of House Rule 49.
 The Speaker replied that Delegate Carmichael 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 Delegate from voting.
 The question being on the passage of the bill, the yeas and nays were taken (Roll No. 215), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
 Absent and Not Voting: Craig, Givens, Romine and Skaff.
 So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4613) passed.
 On motion of Delegate White, the title of the bill was amended to read as follows:
 Com. Sub. For H. B. 4613 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15A-9a, relating to creating an advisory committee to advise the Joint Committee on Government and Finance on broadband middle mile project matters."
 Delegate Boggs moved that the bill take effect from its passage.
 On this question, the yeas and nays were taken (Roll No. 216), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
 Nays: Howell.
 Absent and Not Voting: Craig, Givens, Romine and Skaff.
 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. 4613) takes effect from its passage.
 Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
 Delegate Iaquinta noted to the Clerk that he was absent when the votes where taken on Roll No. 139 through 216 and that had he been present, he would have voted "Yea", on all except Roll No.157, on which he would have voted "Nay".
 Delegate D. Poling announced that he was absent when the votes were taken on Roll Nos. 212, 213 and 214, and that had he been present, he would have voted "Yea" thereon.
 Delegate Snuffer announced that he was absent when the votes were taken on Roll Nos. 122 through 195, and that had he been present, he would have voted "Yea" thereon on all except Roll Nos. 191 and 192, on which he would have voted "Nay".
 Delegate Talbott announced that he was absent when the votes were taken on Roll Nos.207 and 208, and that had he been present, he would have voted "Yea" thereon.
 Delegate Wells noted to the Clerk that he was absent when the vote was taken on H. B. 4605, and that had he been present, he would have voted "Nay" thereon.
Leaves of Absence

 At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Givens.
 At 5:41 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 1, 2012.

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