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House Journal


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


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Thursday, March 8, 2012

FIFTY-EIGHTH DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Wednesday, March 7, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for a presentation by the House.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

     Delegates Andes, Householder, Anderson, Nelson, Cann, Ireland, Canterbury, Hall, Ferns, Perry, O'Neal, C. Miller, Pasdon, Howell, Lane, Cowles, Carmichael, Storch, R. Phillips, J. Miller, Savilla, Gearheart, Armstead, Hartman, Walters, Romine, Ellington, Skaff and Overington offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 38 - "Amending Rule 65 of the Rules of the House of Delegates, relating to the order of business, introduction of guests."
     Resolved by the House of Delegates:
     That the Standing Rules of the House of Delegates be amended by Rule 65 of the Rules of the House of Delegates as follows:
ORDER OF BUSINESS
Daily
  
65. The daily order of business shall be as follows:
  I. To read, correct, and approve the Journal.
  II. Introduction of guests.
  
III. II. To receive and consider reports of standing committees.
  IV. III. To receive and consider reports of select committees.
  V. IV. To receive and consider messages from the Executive, state officials, and other communications and remonstrances.
  VI. V. To receive messages from the Senate, and consider
amendments proposed by the Senate to bills passed by the House.
  VII. VI. To receive (a) resolutions, (b) petitions, (c) motions.
  VIII. VII. Bills introduced on motion for leave and referred to appropriate committees.
  IX. VIII. To act on unfinished business of the preceding day, and resolutions lying over from previous day, but no resolution shall lose its place on the calendar by not being acted upon on the day following that on which it was offered.
  X. IX. House and Senate Bills on third reading.
  XI. X. House and Senate Bills on second reading.
  XII. XI. House and Senate Bills on first reading.
  XIII. XII. To act upon leave of absence for members.
  XIV. XIII. Remarks by members of the House.
  XIV. Introduction of guests and presentation of citations to guests.
__
XV. Miscellaneous business.
  Item XIV XIII, Remarks by members of the House, shall not be operative after the forty- seventh day of the session.
     Delegates Miley, Sobonya, Poore, Barker, Border, Brown, D. Campbell, Caputo, Diserio, Doyle, Ellem, Ferns, Ferro, Fleischauer, Fragale, Guthrie, Hatfield, Hunt, Jones, Lane, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Martin, C. Miller, Moore, O'Neal, Pasdon, Pethtel, L. Phillips, M. Poling, Rowan, Staggers, Storch, Sumner, Swartzmiller, Wells and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 113 - "Requesting the Joint Committee on Government and Finance to study the need for legislation to provide a uniform system to meet the 'standard of care' for victims of sexual assault by providing Sexual Assault Nurse Examiners (SANEs) and other trained medical personnel to conduct forensic medical examinations in all West Virginia hospitals and other appropriate medical facilities."
     Whereas, The study should include consideration of how to ensure Sexual Assault Nurse Examiners (SANEs) and other trained medical personnel are available on call twenty-four hours each day to provide forensic medical examinations to victims of sexual assault; and
     Whereas, The study should include consideration of how to expand SANE training for nurses and other qualified medical personnel in licensed medical facilities to improve victim access to health professionals by providing appropriately trained examiners to conduct forensic medical examinations. Ultimately this will increase reporting and victim access to the criminal justice system and improve case outcomes; and
     Whereas, The study should include consideration of how to insure compliance of the West Virginia Protocol for Responding to Victims of Sexual Assault to provide a "standard of care" to ensure appropriate, consistent and compassionate medical care and a forensic medical examination for victims of sexual assault, as well as the proper use of the WVSP sexual assault evidence collection kit; and
     Whereas, The study should include consideration and identification of a variety of program models that could serve all areas in West Virginia (i.e. regional mobile SANE sites with teams of on-call SANEs providing forensic medical examination serving multiple licensed medical hospitals in established regional areas throughout the state as well as programs established within a hospital); and
     Whereas, The study should include consideration of the issue of increasing the amount reimbursed to licensed medical facilities for the forensic medical examinations; and
     Whereas, Other states, including our neighboring Kentucky, provide for a uniform system whereby hospitals that provide emergency services have a legal duty to provide forensic medical examinations by Sexual Assault Nurse Examiners (SANEs) or trained medical personnel who provide comprehensive care where both the medical needs are addressed and forensic items are collected in sexual assault cases for victims of sexual assault; and
     Whereas, These states require forensic medical examinations be conducted by Sexual Assault Nurse Examiners (SANEs), who are registered nurses with specialized training, or other trained medical personnel who have completed specialized training in the dynamics of sexual assault and the collection of forensic items; and
     Whereas, A uniform system to meet the "standard of care" for victims of sexual assault by providing forensic medical examinations conducted by Sexual Assault Nurse Examiners (SANEs) or trained medical personnel throughout the process is needed to protect the health of and well-being of victims of sexual assault and to facilitate successful prosecution of offenders committing these crimes; and
     Whereas, Consideration of a number of factors should be assessed before establishing a uniform system, including, but not limited to, the availability of data from the West Virginia state crime lab assessing the current environment of forensic examinations performed across the state; and
     Whereas, Other factors should be considered in the development of a uniform system, including, but not limited to, coordination with other advocates including law enforcement and other healthcare professionals which may serve the assault victim at certain specific points; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to conduct a study of the need for legislation to create a uniform system to meet the "standard of care" for victims of sexual assault by providing Sexual Assault Nurse Examiner (SANEs) and other trained medical personnel to conduct forensic medical examinations in all West Virginia hospitals and other appropriate medical facilities; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session 2013, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegate Paxton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 114 - "Requesting the Joint Committee on Government and Finance study the impact of moving all municipal elections to coincide with the regularly scheduled cycle of state and local elections."
     Whereas, The Legislature recognizes the need for our system of fair and free elections; and
     Whereas, This body has previously attempted to make the election process as simple and efficient as possible to encourage voter participation; and
     Whereas, The Legislature seeks to address concerns that the cost of elections is too great and that the number of those participating in municipal elections is too few; and
     Whereas, The Legislature believes that greater efficiencies to the taxpayer and greater voter participation in municipal elections could be achieved if all municipal elections coincided with the regularly scheduled cycle of state and local elections; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance study the impact of moving all municipal elections to coincide with the regularly scheduled cycle of state and local elections by January 1, 2021 and study the feasibility of creating legislation consistent with the committee's findings; and propose legislation to achieve this goal; and, be it
     Further Resolved, That the committee shall consider such other information or documentation as the committee may request in order to achieve the goals of this resolution; and, be it
     Further Resolved, That the committee 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.
     Delegates Kump, Howell, Ellem, Duke and Manypenny offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 115 - "Requesting the Joint Committee on Government and Finance study the 'Uniform Common Interest Ownership Act' and all other West Virginia laws and regulations applicable to home owner's associations for the purpose of clarifying and updating the status of West Virginia homeowner's associations and proposing legislation that may aid in the relation of consumers with these associations."
     Whereas, An increasing number of West Virginians live in homes that are part of planned developments that are subject to governance by home owner's associations; and
     Whereas, The Legislature has previously, through statutes such as the Uniform Common Interest Ownership Act, attempted not only to regulate the actions of these associations, to clarify the powers of these bodies and their relationship to the government and people but also to protect the interest of the public; and
     Whereas, The Legislature seeks to address concerns that there does not presently exist sufficient oversight to ensure that home owner's associations adequately protect consumers' interests; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the "Uniform Common Interest Ownership Act" and all other West Virginia laws and regulations applicable to home owner's associations for the purpose of clarifying and updating the status of West Virginia homeowner's associations and proposing legislation that may aid consumers when dealing with these associations; 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.
     Delegates Hatfield, Guthrie, Wells and Skaff offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 116 - "Requesting the Committee on Government and Finance to study the West Virginia Public Employees Grievance code, policies, and rules, including the Division of Personnel Board and its laws, rules and policies."
     Whereas, Grievances, by state employees, and the grievance process creates a financial tax burden upon the citizens of West Virginia; and
     Whereas, A significant number of attorneys are employed for the purpose of providing legal advice and representation to various state agencies during the grievance process; and
     Whereas, The state's Division of Personnel exists for the benefit of the employees, managers and administrators; and
     Whereas, The state's Division of Personnel duplicates the function of agency attorneys during the grievance process; and
     Whereas, The state's Division of Personnel possesses the expertise, skills, and knowledge of the state's grievance process; and
     Whereas, State employees are not provided legal representation nor assistance when attempting to navigate the state's grievance process and procedures; and
     Whereas, The current grievance system is inefficient and allows for duplication of effort and redundancy; and
     Whereas, The current grievance system is weighted and protects the interest of a select few agency representatives; and
     Whereas, The current grievance system incorporates an organizational structure whereby the employees, managers, attorneys and judges are subject to the same employer and rulings; and
     Whereas, The filing of a grievance creates an adversarial relationship between the employee and agency representative; and
     Whereas, The adversarial relationship does not end after resolution of the grievance; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the West Virginia Public Employees Grievance code, policies and rules, including the Division of Personnel Board and its laws, rules and policies; and, be it
     Further Resolved, That the Joint Committee on Government and Finance include representatives of West Virginia public worker unions in the study; and, be it
     Further Resolved,
That the Joint Committee on Government and Finance report to the Legislature, on the first day of the Regular Session, 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.
     Delegates Hall, Andes, Marcum, Walters, Reynolds, White, Stowers, R. Phillips, Rodighiero, Craig and Lawrence offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 117 - "Requesting the Joint Committee on Government and Finance to conduct a study on the feasibility of providing an avenue of open access to adoption records for adoptees in West Virginia."
     Whereas, West Virginia's current adoption laws provide a closed records system requiring adoptees to obtain a court order to have access to their records; and
     Whereas, The current West Virginia adoption registry is ineffective in helping those who are looking for guidance in locating their biological birth parents; and
     Whereas, Adoptees desire equal access to their vital statistics records in the same manner as non-adoptees; and
     Whereas, Prior decades of secrecy and closed adoptions created a stigma and left adoptees believing there was something shameful and wrong with themselves and their biological background; and
     Whereas, In the 1970's, societal pressure served to urge adoption agencies and social workers to complete adoptions and leave records open for access by the birth parents and adoptive children. This pressure increased through the 1990's as adoption became viewed as less of a "shame" for the adoptees and birth parents. During this time, birth parents and adult adoptees began demanding a change in the laws in different states throughout the country; and
     Whereas, Adult adoptees should be able to confront the question of where they come from as well as the need for information regarding their birth parents and families in order to obtain needed medical history. After many years of denying adoptees access to viewing their records, several states are beginning to change their positions and amend their laws to include an open records system; and
     Whereas, Some state laws, as currently written, deny adult adoptees access to their records and serve to create a separate minority class of citizens by virtue of a legal act approved by a judge several decades ago; and
     Whereas, Possible alternatives to the current system for adoptees to access their records include, but are not limited to, the following:
     (1) Providing non-identifying information to adoptees and/or the adoptive parents under a certain age for health and medically specific reasons;
     (2) Providing identifying information and/or original birth certificate access to adoptees who are age eighteen or over; or
     (3) Providing adoptive parents original birth certificates; and
     Whereas, Adoptive children who want detailed knowledge or who have a need for this knowledge will benefit from easy, open access to adoptive records. Being able to access and view the records allows them to get one step closer to finding out vital information so they can inform their doctors and obtain the most appropriate medical treatment when necessary; and
     Whereas, With an open system, many people could be saved from unknown chronic and genetic conditions and money could be saved if known genetic and hereditary conditions were diagnosed and treated by preventative means; and
     Whereas, It is the intent of the West Virginia Legislature to devise a more suitable approach and method for those adoptees who wish to obtain such essential records; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the feasibility of providing an avenue of open access to adoption records for adoptees in West Virginia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance obtain input from groups involved with this issue in order to devise a more effective and suitable approach to providing an open adoptive records process in West Virginia; 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.
     Delegate Paxton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 118 - "Requesting the Joint Committee on Government and Finance engage in a study of the four-year, regional institutions of the West Virginia Higher Education System, reviewing their policies and procedures and those of the Higher Education Policy Commission, investigating their academic missions and the modes as to their access and delivery to students, and identifying obstacles impeding the effective growth of these schools and on the economy of West Virginia."
     Whereas, West Virginia maintains ten regional, public, four-year college and university campuses across the state (not including West Virginia University and Marshall University) that serve approximately 25,000 students; and
     Whereas, The economic engine of the state is driven by a higher education system that as measured in 2008 accounted for approximately $8 billion in business volume to the state, over 40,000 jobs, and produces the backbone of a modern society by graduating among many disciplines future educators, healthcare providers, military, law enforcement, engineering and government sector professionals; and
     Whereas, The recent downturn in the American and global economies has forced states to accelerate reductions in budget allocations that support higher educational institutions, thereby causing an accelerated increase in tuition rates for students, and in West Virginia that rate has increased by an average of 22% for in-state students alone in the past five years; and
     Whereas, The West Virginia Higher Education Policy Commission reported that only 59% of West Virginia high school graduates attended college in 2010, a figure five percentage points below the national average; and
     Whereas, Of those graduates who attend a four-year college, only 48.5% complete their degrees within six years, where the national average is 57.3%; and
     Whereas, There also exists a problem in the accounting of graduate credits among West Virginia colleges and universities when a student transfers between West Virginia higher education institutions, thus this policy should be reevaluated; and
     Whereas, West Virginia public officials have expressed concerns that the low numbers of four-year West Virginia college graduates with 21st century skills deter prospective businesses from locating in our state and as a result our economy does not expand; and
     Whereas, Raised college admission standards may improve student retention, a review of those standards may uncover bridges to admission for prospective college students who fall just short of meeting those entrance requirements but who yearn for a college degree; and
     Whereas, Continuous advances in technology change the landscape of education, allowing greater student accessibility and time flexibility, such as online courses, and a common technological platform among all West Virginia colleges and universities would allow for uniform educational experiences across the state and reduce the competitive impact of larger schools on smaller, undercapitalized yet no less vital institutions that serve our citizens and communities; and
     Whereas, West Virginia Institute of Technology enjoys a long and vital history of producing outstanding engineers and visionary leaders for West Virginia, a goal of continuing the educational excellence provided by this school is deemed a necessity for the economic fortunes of our state; and
     Whereas, The promise of the Community and Technical College System will not be realized without effective linkages to four-year regional colleges in order for their students to have full access to obtain advanced degrees that meet the job market demands of the 21st century; and
     Whereas, College recruitment advertising has significantly increased among West Virginia colleges and universities, and it is questioned whether spending such sums results in adverse competition for in-state students and spending dollars against ourselves within the Higher Education Policy Commission structure; and
     Whereas, West Virginians deserve a four-year college system that is aligned with 21st century training and knowledge to meet the quickening pace of the global marketplace and global competition for jobs in vital sectors such as technology, energy, finance, healthcare, communications, education, military and the sciences; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study issues surrounding the educational, economic, technological, social and other related issues surrounding services provided by the regional, four-year West Virginia colleges and universities and their missions to further educational and professional opportunities and materially contribute to all citizens within the state; 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.
     Delegate Kump offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 119 - "Requesting the Joint Committee on Education study the law of West Virginia and of other jurisdictions to see how these deal with dyslexia and develop legislation to improve awareness of and strengthen support for citizens with dyslexia."
     Whereas, Dyslexia is a learning disability that is neurobiological in origin and characterized by difficulties with accurate and fluent word recognition, poor spelling, and poor decoding abilities, resulting in problems with reading comprehension and reduced reading experience that impede the growth of vocabulary and background knowledge; and
     Whereas, Students with dyslexia may experience difficulties in skills such as reading, spelling, writing and speaking; and
     Whereas, Between ten and twenty per cent of Americans are affected by dyslexia or other reading disabilities; and
     Whereas, A significant number of students in West Virginia, including those with dyslexia, read below basic reading levels and experience literacy challenges, which include difficulties with language (spoken or written) or reading (in phonemic awareness, phonics, vocabulary, fluency, or comprehension), or difficulties with one or more of the basic neurobiological or psychological processes involved in understanding or using language (spoken or written) that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or perform mathematical calculations; and
     Whereas, An improved awareness of and support for persons with dyslexia will help students, including those with dyslexia, obtain the necessary instruction, support, skills, and resources to increase their success in school and in life; therefore, be it         Resolved by the Legislature of West Virginia:
     That the Joint Committee on Education:
     (1) Consider current educational policies, practices, and training with regard to literacy challenges, including dys1exia; and
     (2) Review existing dyslexia-related legislation in other jurisdictions, including without limitation, California, Texas, Colorado, Louisiana and Alabama; and
     (3) Draft proposed legislation that furthers dyslexia awareness and implements the findings of the working group for introduction during the Regular Session of 2013; and, be it
     Further Resolved, That the Committee 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.
     Delegates Canterbury and T. Campbell offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 120 - "Requesting the Joint Committee on Government and Finance study the causes for the necessity of county boards of education to allocate a disproportionate share of public school service personnel to satisfying the transportation needs of their school population."
     Whereas, A county board of education is limited in the number of school service personnel in its employ as a result of the state's school aid formula; and
     Whereas, It has been reported that due to such factors as geography and terrain, a board must allocate a disproportionate number of its school service personnel to satisfy the transportation needs of the school's student population for purposes of getting to and from school, therefore, leaving other service personnel areas short; and
     Whereas, The necessity of allocating a disproportionate number of available school service personnel to transportation is not a problem experienced in all county school systems even though similar in geography and terrain as those reporting problems; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance perform, or have performed, a multiple linear regression analysis of all counties in order to determine the causes of the disproportionate allocation of school service personnel positions to satisfy the transportation needs of the school's student population; and, be it
     Further Resolved, That the multiple linear regression analysis consider, among other factors determined relevant to the analysis, the following:
     (1) The number of hours bus drivers are on their routes;
     (2) The length of bus routes;
     (3) The number of stops on the bus routes;
     (4) The number of students transported on bus routes; and
     (5) Fuel costs associated with transporting students to and from school; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on it 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 legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegates Sobonya, C. Miller, Anderson, Armstead, Ashley, Canterbury, Carmichael, Ellem, Ellington, Nelson, Overington, Sigler, Storch and Sumner offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 121 - "Requesting the Joint Committee on Government and Finance to study the implementation of a Veterans Court to resolve the cases of veterans charged with minor criminal offenses."
     Whereas, West Virginia has a long, proud tradition of being at the forefront of states providing its sons and daughters for the defense of our country; and
     Whereas, There are now over 170,000 veterans living in this state; and
     Whereas, In recent years, a significant number of veterans returning home from Iraq, Afghanistan and Vietnam suffer from post traumatic stress disorder, brain trauma or chemical dependency; and
     Whereas, As those veterans struggle to overcome the burden carried from service to our country, some become involved with the criminal justice system which exacerbates the other stresses with which they are coping; and
     Whereas, As they are processed through the criminal justice system, often the justice officials with whom those veterans interact have little or no military experience and limited knowledge regarding the horrors which combat veterans experience and the consequences of those experiences; and
     Whereas, Since 2008 at least forty-six special courts have been created in twenty states to address the special needs of veterans returning home from Iraq, Afghanistan and Vietnam charged with minor criminal offenses; and
     Whereas, The mission of these special courts is to divert eligible veteran-defendants with substance dependency and/or mental illness that are typically charged with felony or misdemeanor non-violent criminal offenses to a specialized criminal court which substitutes a treatment, problem- solving program for traditional court processing; and
     Whereas, The program aims to create a therapeutic environment that fosters rehabilitation; and
     Whereas, Results of the Veterans Courts have included lower recidivism rates than traditional criminal courts; and
     Whereas, West Virginia veterans have sacrificed much to serve our state and country and deserve special consideration in how they are rehabilitated under our criminal justice system ; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study the implementation of a Veterans Court to resolve the cases of veterans charged with minor criminal offenses; 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.
     Delegates Swartzmiller, Boggs, Caputo, Cowles, Doyle, Fragale, Morgan, Pethtel, L. Phillips and Sumner offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 122 - "Expressing support for the Low Income Home Energy Assistance Program (LIHEAP) and asking that the United States Congress provide funding within the federal budget necessary to continue and maintain this program."
     Whereas, The West Virginia Legislature recognizes adequate utility service to be a vital key to the health and safety of West Virginian households; and
     Whereas, The need for energy assistance is growing rapidly during the current recession, at the same time that severe constraints on State budgets and the increased strain on the nation's support system provided by non-profit, faith-based, and other community organizations have limited the resources available for energy assistance; and
     Whereas, Even though the number of households eligible for the program continues to exceed those receiving assistance, this funding has been a lifeline during the economic downturn and rising energy costs, helping to ensure that people do not have to choose between paying their energy bills and paying for food or medicine; and
     Whereas, The Low Income Home Energy Assistance Program (LIHEAP) is the main federal program that helps low-income households and seniors with their energy bills, providing vital assistance during both the cold winter and hot summer months; and
     Whereas, The U.S. Census recently reported that 46.2 million people lived in poverty in 2010, the largest number in the 52 year history of published poverty estimates; and
     Whereas, The increasing poverty rate, coupled with underfunding of energy assistance programs, could increase arrearages and service disconnections causing electric and gas utilities to write off increasing levels of revenue due to consumers being unable to pay bills and leave families to resort to unsafe and life-threatening measures in lieu of utility services; and
     Whereas, According to the National Energy Assistance Director's Association (NEADA), last year LIHEAP provided vital energy assistance to 8.9 million households, an increase of 54 percent since 2008; and
     Whereas, The number of veteran households served by LIHEAP increased by more than 150 percent during the same period from about 700,000 in FY 2008 to 1.78 million in FY 2011, which represents an increase from 12 percent of total LIHEAP recipients to 20 percent since 2008; and
     Whereas, Congress was only able to restore funding in the FY 2012 appropriations to approximately $3.5 billion, representing a significant cut from Fiscal Year 2011's appropriation of $4.7 billion and less than FY 2010 funding of $5.1 billion; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the West Virginia Legislature expresses its support for the Low Income Home Energy Assistance Program (LIHEAP) and asks the United States Congress to provide funding within the federal budget necessary to continue and maintain this program; and, be it
     Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a certified copy of this resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, members of the West Virginia Congressional Delegation and the President of the United States.
     Delegates Guthrie, Boggs, Caputo, Poore, Brown, Staggers, Miley, Manchin, Fragale, Mahan, Longstreth, Marshall, L. Phillips offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 123 - "Requesting the Join Committee on Government and Finance to study the benefits and costs of requiring municipal governing bodies and the West Virginia Commissioner of Highways to implement a complete streets policy."
     Whereas, A complete streets policy considers the needs of all transportation users and is implemented by including complete streets features, which ensure the safe usage of roads by all users; and
     Whereas, A complete streets policy is designed to uniquely adapt to and address the needs in the community context where a given transportation project is being considered; and
     Whereas, More than forty percent of pedestrian deaths in 2007 and 2008 occurred where no crosswalk was available, forty-seven percent of older adults reported they could not safely cross their main roads and forty percent said they do not have adequate sidewalks in their neighborhoods, and older pedestrians are disproportionately at risk of pedestrian fatalities; and
     Whereas, A complete streets policy would ensure that persons responsible for road design view all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in West Virginia; and
     Whereas, A complete streets policy can foster a stronger sense of community and help local businesses; and
     Whereas, Nearly one-third of Americans do not drive and fifty-five percent would rather drive less and walk more but do not have the opportunity; and
     Whereas, Incomplete streets, designed with only cars and motorists in mind, limit potentially cheaper transportation choices by making walking, bicycling, and taking public transportation inconvenient, unattractive, or too dangerous; and
     Whereas, The West Virginia Physical Activity Plan, of which the West Virginia Municipal League is a co-sponsor and which the West Virginia Senate formally supported, recommends as part of multiple sector strategies that a complete streets policy be considered because of the potential health and physical activity benefits; and
     Whereas, Morgantown, West Virginia adopted a complete streets policy in 2007, and, in 2008, earned a "Well City" designation from the Wellness Councils of America and was named West Virginia's "Best Walking City" and the thirty-fourth best in the nation by Prevention magazine and the American Podiatric Medical Association; and
     Whereas, It is costlier to implement complete streets features through retrofits than original construction; and
     Whereas, Complete streets policies have been adopted in at least sixteen states; and
     Whereas, Several complete streets features are currently considered by the Division of Highways, but such a policy is not codified; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the benefits and costs of requiring municipal governing bodies and the West Virginia Commissioner of Highways to implement a complete streets policy; 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.
     Delegates Howell, J. Miller, Overington, Shaver, Doyle, Kump, Rowan, Cowles, Michael, Evans, Householder, Williams, Lawrence and Duke offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 124 - "Requesting the Joint Committee on Government and Finance to study the impact of reimbursing the Commonwealth of Maryland for the use of its helicopter Maryland Trooper Five for runs into West Virginia."
     Whereas, The Commonwealth of Maryland maintains a helicopter detachment on West Virginia soil at the Cumberland Regional Airport in Wylie Ford, West Virginia; and
     Whereas, Maryland Trooper Five, the helicopter quartered at the Cumberland Regional Airport, makes numerous calls into West Virginia when it is needed, specifically for the purpose of airlifting West Virginia citizens in cases of medical emergency; and
     Whereas, Over thirty such flights were made in 2011; and
     Whereas, All such flights are made at the expense of the Maryland taxpayer and we have no assurance that this generosity on the part of the voters of the Commonwealth of Maryland will continue; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Joint Committee on Government and Finance is hereby requested to study the impact of reimbursing the Commonwealth of Maryland for these important life-saving flights into West Virginia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Mr. Speaker, Mr. Thompson, and Delegates Armstead, Boggs, Carmichael and Lane offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 125 - "Requesting the Joint Committee on Government and Finance study the feasibility, need, costs, reliability and necessary procedures associated with having an impact statement on proposed legislation and regulations as it relates to job creation and retention."
     Whereas, The West Virginia Legislature meets annually to consider legislation that has a potential impact on economic development and the ongoing effects of the State of West Virginia to create an atmosphere that encourages job creation and economic growth and development; and
     Whereas, It is important that all Members of the West Virginia Legislature have comprehensive, factual information, regarding the impacts, both positive and negative, that proposed measures under consideration may have on job creation and retention; and
     Whereas, The State of West Virginia invests significant resources in tax incentives, employment and economic development grant programs, and other related measures to attract and encourage employment and investment opportunities in our state; and
     Whereas, It is pertinent that the feasibility, costs and process of generating an impact statement on proposed legislation and regulations as it relates to job creation and retention be thoroughly studied to determine the advisability of generating such a statement; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance study the feasibility, costs, reliability and necessary procedures associated with having an impact statement on proposed legislation and regulations as it relates to job creation and retention; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2013, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegates Mahan, Mr. Speaker, Mr. Thompson, Barill, Barker, Boggs, Brown, Butcher, D. Campbell, T. Campbell, Cann, Caputo, Craig, Crosier, Diserio, Doyle, Ferns, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hartman, Hatfield, Hunt, Iaquinta, Jones, Lawrence, Longstreth, Manchin, Manypenny, Marcum, Marshall, Martin, Michael, Miley, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Shaver, Skaff, Smith, Staggers, Stephens, Stowers, Swartzmiller, Talbott, Varner, Walker, Wells, White and Williams offered the following resolution, which was read by the Clerk as follows:
     H. C. R. 126 - "Celebrating the life and lamenting the passing of Hulett C. Smith, the Twenty-Seventh Governor of the State of West Virginia, outstanding civic and community leader, the state's first Commissioner of Commerce, a veteran of World War II, a loving father and grandfather, and devoted public servant to the people of his state and country."
     Whereas, The people of West Virginia were saddened to learn of the passing of former Governor Hulett C. Smith on January 15 at the age of 93 in Scottsdale, Arizona, where he had moved last fall to be with family.
     Hulett Carlson Smith was born in Beckley in 1918, the son of the late Congressman Joe L. Smith and Mrs. Smith, was a graduate of Woodrow Wilson High School and the Wharton School of Finance and Commerce at the University of Pennsylvania; a lieutenant in the United States Navy during World War II; and active in banking, health care, insurance and the arts until his death.
     In 1942, he married the late Mary Alice Tieche of Beckley, who passed away in 1987, and they were the parents of six children; and in 1990, he married Nancy Pat Lewis of Beckley, who passed away in 2009.
     Governor Smith was a nationally-elected Vice President of the United States Jaycees before serving as West Virginia's first Commissioner of Commerce and a lifelong leader in the Presbyterian Church.
He was elected Governor in 1964 with the greatest majority in 16 years, and his opponent in that election, Republican Cecil H. Underwood, a former and future governor, and he would become lifelong friends and work in a bi-partisan fashion on education programs for West Virginia students well into their 80s.
     Governor Smith signed into law the bill abolishing the death penalty in 1965, which he called his proudest achievement, keeping a promise made during his gubernatorial campaign; endorsed the "Modern Budget Amendment"; oversaw many crises, including the Silver Bridge collapse, the Mannington Mine Disaster, the loss of hundreds of West Virginians in the Vietnam War; and the turbulent political confrontations and assassinations in the 1960's.
     Governor Smith launched major environmental initiatives to regulate strip mining and air pollution and increased funding for pre-school and university programs, and created a "Government- to-the-People" program, taking department heads to 16 communities during his single term and was instrumental in the creation of West Virginia Public Broadcasting and programs in the arts and humanities that led state leaders to name the theatre at Tamarack in Beckley in his honor.
     Hulett Smith was described by West Virginia gubernatorial historian and former Charleston Gazette Statehouse reporter John W. Morgan as a man who "compiled a record of achievements that made the state a better place in which to live, work, play and go to school", and former Charleston Daily Mail reporter Robert Mellace described him as a governor with a record "that is remarkable and will stand for a long time, much longer than the words of his critics [and] . . . the record will show no man ever tried harder to do good and few accomplished more in the time allotted him in the governor's office"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature acknowledges the extraordinary and exemplary life of Hulett C. Smith -- civic leader, businessman and public servant -- who improved the lives of countless West Virginians and led this state as its governor during difficult times without complaint and always with grace; and that this Legislature collectively celebrates, honors and remembers his service while lamenting his passing; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to his children -- Carolyn Sheets, Alice Christine Merritt, Suzaine Smith and Paul Smith; and, be it
     Further Resolved, That the Clerk of the House of Delegates also cause a certified copy of this resolution to be placed in the Division of Archives and History.
     At the respective requests of Delegate Boggs , and by unanimous consent, reference of the resolution (H. C. R. 126) to a committee was dispensed with, and it was taken up for immediate consideration.
     The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 272), 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: Anderson, Brown, Savilla and Walters.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 126) adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to consideration of H. B. 4658, on third reading, Special Calendar.
Special Calendar

Third Reading

     
H. B. 4658, Supplementing, amending, decreasing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation - Division of Highways; on third reading, was reported by the Clerk.
     The bill was then read a third time.
     On the passage of the bill, the yeas and nays were taken (Roll No. 273), 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: Anderson, Savilla, Storch and Walters.
     So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4658) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 274), 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: Anderson, Savilla and Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4658) 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 Storch announced that he was absent on today when the vote was taken on Roll No. 273, and that had he been present, he would have voted "Yea" thereon.
Committee Reports

     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     S. C. R. 28, Requesting Secretary of Administration maintain historical display of Capitol construction,
     H. C. R. 106, Requesting a study on how to best use the additional severance tax collections attributed to the production of natural gas,
     H. C. R. 111, Requesting a study on the issues surrounding bullying in the workplace,
     And reports the same back with the recommendation that they each be adopted.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     S. B. 677, Expiring funds from DHHR, Medicaid Fraud Control Fund, and making supplementary appropriation to DHHR, Division of Human Services,
     And reports the same back with the recommendation that it do pass.
     At the respective requests of Delegate Boggs, and by unanimous consent, the bill (S. B. 677) was taken up for immediate consideration, read a first time and ordered to second reading.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     S. B. 678, Making supplementary appropriations from State Fund, General Revenue, to various accounts,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended.
     At the respective requests of Delegate Boggs, and by unanimous consent, the bill (S. B. 678) was taken up for immediate consideration, read a first time and ordered to second reading.
     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 51, Denying certain spousal support upon DNA evidence of adultery,
     Com. Sub. for S. B. 109, Permitting unlicensed personnel to administer medications or assist in certain circumstances,
     Com. Sub. for S. B. 212, Creating criminal offense for disrupting communications and public utility services,
     And,
     S. B. 493, Exempting certain unmarked law-enforcement vehicles from sun-screening restrictions,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
     At the respective requests of Delegate Boggs, and by unanimous consent, the bills(Com. Sub. for S. B. 51, Com. Sub. for S. B. 109, Com. Sub. for S. B. 212 and S. B. 493) were each taken up for immediate consideration, read a first time and ordered to second reading.
     On motion for leave, a resolution was introduced (Originating in the Committee on Finance and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates White, T. Campbell, M. Poling, Varner, Anderson, Perdue, Mahan, Guthrie, Carmichael, Reynolds, Evans, Cann, L. Phillips, D. Poling, Skaff, C. Miller, Canterbury, Stowers, Ashley, Walters, Cowles, Williams, Iaquinta and Marshall:
     
H. C. R. 127 - "Requesting that the Joint Committee on Government and Finance authorize a study of how best to reduce the population of unwanted and stray dogs and cats in this state."
     Whereas, It is in the best interest of the citizens of this state to reduce the population of unwanted and stray dogs and cats in this state;
     Whereas, It appears that other states have had some success in reducing the population of unwanted and stray dogs and cats in their respective states; and
     Whereas, Determining the most effective, humane and cost efficient means of reducing the population of unwanted and stray dogs and cats in this state, including, but not limited to, the gathering of information upon which an accurate projection of the costs of achieving this goal can be made and upon which the most fair allocation of the burden of those costs can be devised would assist the Legislature in the formulation of policy most appropriate to accomplish that goal, therefore, be it:
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the most effective, humane and cost efficient means of reducing the population of unwanted and stray dogs and cats in this state; and be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on it 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 draft necessary legislation by paid from legislative appropriations to the Joint Committee on Government and Finance.
     On motion for leave, a resolutions were introduced (Originating in the Committee on Education and reported with the recommendation that they each be adopted), which were read by their titles, as follows:
By Delegates By Delegates M. Poling, Paxton, Barill, D. Campbell, Caputo, Crosier, Lawrence, Marcum, Moye, Perry, Pethtel, Shaver, Smith, Duke, Sumner, Armstead, Ellington, Gearheart, Rowan and Sigler:
     
H. C. R. 128 - "Requesting the Joint Committee on Government and Finance to study the feasibility and benefits of requiring that an automated external defibrillator be placed in every public school in the state,"
     Whereas, The American Heart Association estimates that approximately 250,000 Americans die each year from sudden cardiac arrest and almost ninty-five percent die before receiving treatment at a hospital; and
     Whereas, Immediate attention is critical for someone in cardiac arrest as their chance for survival decreases by nearly ten percent for every minute that passes without treatment; and
     Whereas, The American Heart Association estimates that up to twenty-five percent of the deaths each year that result from cardiac arrest could have been prevented if treatment had been initiated immediately and a defibrillator had been available; and
     Whereas, The only definitive treatment for Sudden Cardiac Arrest is a defibrillation shock; and
     Whereas, An automated external defibrillator is a computerized portable device that talks the user through lifesaving steps to deliver an electrical impulse that can bring a dying heart back to a normal rhythm during an incident of cardiac arrest; and
     Whereas, The number of reports of student athletes who die of sudden cardiac arrest continues to increase and has caused a number of states, including Ohio, Massachusetts, Tennessee, and Texas, to require public schools to have automated external defibrillators on site; and
     Whereas, Automated external difibrillators are designed for use by virtually anyone with minimal training and in many cases, a simple course including CPR and AED training is all that is required; and
     Whereas, The American Heart Association offers the Heartsaver AED course, which can be completed in less than four hours; and
     Whereas, As a result of its easy-to-use design, an automated external defibrillator has very low risk of misuse and does not allow use on any person not experiencing cardiac arrest; and
     Whereas, Mobile automated external defibrillators would best be placed in student health areas or with a school nurse, in cafeterias, common areas, auditoriums, or gymnasiums, near a fire extinguisher, with a security officer, or any place where they are easily visible and easily accessible; and
     Whereas, Young people die from cardiac arrest on public school and college campuses every year, and according to the Mid American Heart Institute, 5,000 to 7,000 children and adolescents die from sudden cardiac arrest in the United States annually; and
     Whereas, Most of these deaths could have been prevented with prompt difibrillation; and
     Whereas, Anyone can be a victim of sudden cardiac arrest, even young and seemingly healthy people; and therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the feasibility and benefits of requiring that an automated external defibrillator be placed in every public school in the state; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 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, prepare a report and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     By Delegates By Delegates M. Poling, Paxton, Barill, D. Campbell, Caputo, Crosier, Lawrence, Marcum, Moye, Perry, Pethtel, Shaver, Smith, Duke, Sumner, Armstead, Ellington, Gearheart, Rowan and Sigler:
     
H. C. R. 129 - "Requesting the Joint Committee on Government and Finance study interscholastic student athlete safety issues relating to the development of emergency action plans that would enhance the protection of student athlete's health and safety in girls and boys interscholastic athletic practices and games in the state of West Virginia,"
     Whereas, It is of the utmost importance that the West Virginia Department of Education protect the health and safety of their student athletes during all practices and games; and
     Whereas, Without attention to this protection, students are more likely to face unnecessary injuries and tragic deaths; and
     Whereas, The need for such attention has been made abundantly clear through the collection of information detailing the exposure student athletes face in the participation of interscholastic athletic events; and
     Whereas, Injuries such as concussion, heat illness, and cardiac arrest present a significant threat to the lifetime health and wellness of student athletes; and
     Whereas, In order to provide protection to student athletes, schools are encouraged to have professionals such as athletic trainers at competitive athletic practices and games; and
     Whereas, The states of Arkansas, North Carolina and Texas have passed legislation requiring that school districts develop and implement emergency plans to ensure that the best care is provided to student athletes throughout the state; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study interscholastic student athlete safety issues relating to the development of emergency action plans that would enhance the protection of student athlete's health and safety in girls and boys interscholastic athletic practices and games in the state of West Virginia; 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 any recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, prepare a report and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And,
By Delegates M. Poling, Paxton, Barill, D. Campbell,Caputo, Crosier, Lawrence, Marcum, Moye, Perry, Pethtel, Shaver, Smith, Duke, Sumner, Armstead, Ellington, Gearheart, Rowan and Sigler:
     H. C. R. 130
- "Requesting the Joint Committee on Government and Finance to study whether the state's laws regulating harassment in schools provide the constitutionally required safeguards to student expression."
     Whereas, The State of West Virginia has an interest in ensuring that all students are safe at school; and
     Whereas, The laws governing student behavior in West Virginia must apply equally and fairly to all students; and
     Whereas, The Supreme Court of the United States requires government to safeguard the First Amendment right of persons in schools to engage in expression; and
     Whereas, Laws that regulate harassment sometimes have the effect of restricting, punishing, or discouraging student expression even when such expression does not cause a material and substantial disruption of the educational environment of the school; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is requested to study whether the state's laws regulating harassment in schools provide the constitutionally required safeguards to student expression; 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.
     In the absence of objection, the Speaker referred the resolutions (H. C. R. 128, H. C. R. 129 and H. C. R. 130) to the Committee on Rules.
Messages from the Executive

     The Speaker laid before the House of Delegates communications from His Excellency, the Governor, as follows:
State of West Virginia

EXECUTIVE DEPARTMENT

Charleston


A P R O C L A M A T I O N

By the Governor

     Whereas, the Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and
     Whereas, Article VI, Section 22 of the Constitution of West Virginia provides that this regular session of the Legislature not exceed sixty calendar days computed from and including the second Wednesday of January; and
     Whereas, pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2012 Regular Session of the Legislature concludes on March 10, 2012; and
     Whereas, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and
     Whereas, Subsection D of said section requires the Governor to issue a proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been finally acted upon by the Legislature three days before the expiration of its regular session; and
     Whereas, the Legislature has not finally acted upon the Budget Bill three days before the expiration of this current regular session of the Legislature.
     Now, Therefore, I, Earl Ray Tomblin, by virtue of the authority vested in me as the governor of the State of West Virginia, do hereby issue the following proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of West Virginia extending this regular session of the State Legislature for consideration of the Budget Bill for a period not to exceed three days beyond the conclusion of this regular session, including any extendsion thereof, under the provisions of Article VI, Section 22 of the Constitution of West Virginia; but no matters other than the Budget Bill and a provision for the cost of said extended session shall be considered during this extension of the session.
     IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.



(Great Seal)
DONE at the Capitol in the City of Charleston, State of West Virginia, this seventh day of March, in the year of our Lord, Two Thousand and Twelve, and in the One Hundred Forty- Ninth year of the State.
EARL RAY TOMBLIN,
Governor.
   
By the Governor:
Natalie E. Tennant
Secretary of State.

State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV 25305


March 7, 2012




EXECUTIVE MESSAGE NO. 2            

2012 REGULAR SESSION
                  
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia 25305

Dear Mr. Speaker:

     In accordance with the provisions of Section 11, Article 7 of the Constitution of the State of West Virginia, and Section 16, Article 1, Chapter 5 of the Code of West Virginia, I hereby report that I granted no pardons or reprieves, nor commuted punishment to any person, nor remitted any fines or penalties, during the period of March 9, 2011 through March 7, 2012.

                                   Very truly yours,

                                   Earl Ray Tomblin,
                                    Governor.


State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV 25305



March 7, 2012




EXECUTIVE MESSAGE NO. 3
2012 REGULAR SESSION

The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia 25305
     
Dear Mr. Speaker:

     Pursuant to the provisions of section twenty, article one, chapter five of the Code of West Virginia, I hereby certify that the following 2010-2011 annual reports have been received in the Office of the Governor:

     Accountancy, West Virginia Board of

     Affordable Housing Trust Fund, West Virginia

     Alcohol Beverage Control Administration, West Virginia Department of Revenue
     
     Architects, West Virginia Board of

     Banking, Division of, West Virginia Department of Revenue

     Barbers and Cosmetologists, West Virginia Board of

     Chiropractic, West Virginia Board of

     Coal Mine Health and Safety, West Virginia Board of

     Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee,
      West Virginia Public Service Commission

     Consumer Advocate, Office of the, Offices of the Insurance Commissioner, West
      Virginia Department of Revenue

     Corrections, Division of, West Virginia Department of Military Affairs and Public Safety

     Counseling, West Virginia Board of

     Court of Claims, West Virginia

     Court System, West Virginia Supreme Court of Appeals

     Crime, Delinquency and Correction, Governor's Committee on, Law Enforcement Training
      Subcommittee, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety

     Death, Disability and Retirement Fund (Plan A) and State Police Retirement System
      (Plan B), Consolidated Public Retirement Board, West Virginia Department of
      Administration

     Economic Development Authority, West Virginia

     Energy, Division of, West Virginia Department of Commerce

     Environmental Protection, West Virginia Department of

     Equal Employment Opportunity, West Virginia Office of

     Family Protection Services Board, West Virginia Department of Health and Human
      Resources

     Farmland Protection Conservation Easements, West Virginia Agricultural Land
      Protection Authority

     Fire Marshal, State Fire Commission, West Virginia Department of Military Affairs
      and Public Safety

     Foresters, West Virginia State Board of Registration for

Groundwater and Groundwater Management Program, Division of Water and Waste  Management, West Virginia Department of Environmental Protection
     (Biennial Report)

     Insurance Commissioner, Offices of the, West Virginia Department of Revenue

Interstate Commission for Juveniles, West Virginia Supreme Court of Appeals

     Juvenile Services, Division of, West Virginia Department of Military Affairs and
     Public Safety

     Long Term Care, Office of Health Facility Licensure and Certification, West Virginia
          Department of Health and Human Resources

      Medical Imaging and Radiation Therapy Technology, West Virginia Board of

     Medicine, West Virginia Board of, Volumes I and II

     Municipal Bond Commission, West Virginia

     National and Community Service, West Virginia Commission for (Volunteer West Virginia)

     Natural Resources, Division of, West Virginia Department of Commerce

     Neighborhood Investment Program, Development Office, West Virginia Department
          of Commerce

     Nursing Home Administrators Licensing Board, West Virginia

     Outdoor Heritage Conservation Fund, Division of Natural Resources, West Virginia
          Department of Commerce

     Parkways, Economic Development and Tourism Authority, West Virginia Department
          of Transportation

     Parole Board, West Virginia Department of Military Affairs and Public Safety

     Personnel, Division of, West Virginia Department of Administration

     Pharmacy, West Virginia Board of
     Planning and Development Council, Region VII

     Privacy Office, State, West Virginia Health Care Authority

     Professional Engineers of West Virginia, State Board of Registration for

     Public Defender Services, West Virginia Department of Administration

     Public Employees Grievance Board, West Virginia Department of Administration

     Real Estate Commission, West Virginia

     Registered Professional Nurses, West Virginia Board of Examiners for

     Rehabilitation Services, Division of, West Virginia Department of Education and the Arts

     Risk and Insurance Management, Board of, West Virginia Department of Administration

     Ron Yost Personal Assistance Services Board, Statewide Independent Living Council,
Division of Rehabilitation Services, West Virginia Department of Education and the Arts

     Sanitarians, West Virginia Board of

     Senior Services, West Virginia Bureau of

     Social Work Examiners, West Virginia Board of

     Speech-Language Pathology and Audiology, West Virginia Board of Examiners for
     
     State Police, West Virginia

     Tourism, Division of, West Virginia Department of Commerce

     Transportation Coordinating Council, Division of Public Transit, West Virginia
          Department of Transportation

     Veterans Assistance, West Virginia Department of

     Veterinary Medicine, West Virginia Board of

     Water Development Authority, West Virginia

                                   Very truly yours,

                                   Earl Ray Tomblin,
                                    Governor.


Messages from the Senate

     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. 3177, Permitting an owner who sells real property pursuant to a deed of trust to terminate a preexisting tenancy.
     On motion of Delegate Boggs, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1. VENDOR'S AND TRUST DEED LIENS.
§38-1-16. Sale of real property pursuant to a deed of trust; preexisting tenancy.
     (a) Notwithstanding the notice requirements of section five, article six, chapter thirty-seven of this code, following the conveyance of residential rental property to a purchaser by a trustee pursuant to a deed of trust, the tenancy of a tenant occupying the property under an unexpired written lease that is either not of record or was placed of record after the deed of trust under which the trustee sold the residential rental property was placed of record, may be terminated by giving ninety days written notice or by giving written notice not less than thirty days prior to the expiration of the lease, whichever is shorter. However, the tenancy of a tenant occupying the property under a month to month or other tenancy may be terminated by giving thirty days written notice. The terms and conditions of the lease of the property remain fully enforceable during the notice period. If the tenant fails to timely comply with the terms of the lease, the new owner, or the agent of the new owner, may proceed under article three-a of chapter fifty-five of this code, notwithstanding the provisions of this section. The tenancy of a factory built home may only be terminated as provided in section six, article fifteen, chapter thirty-seven of this code.
     (b) The notice required by subsection (a) of this section shall, at a minimum, identify the residential real property occupied by the tenant, state the date of the trustee's sale at which the residential real property was purchased, state the book and page number at which the trustee's deed to the purchaser appears of record, state the date on which the tenancy will expire, and identify the purchaser, including information sufficient to contact the purchaser.
     (c) Service of written notice upon the tenant, or anyone else holding the leased premises, or any part thereof, under the tenant is sufficient if made by regular mail addressed to the tenant or person holding under the tenant at the address of the property and by either personal delivery to the tenant or person holding under the tenant, by posting a copy of the notice on the front door of the rental real property or by certified mail addressed to the tenant or person holding under the tenant at the address of the property. When notice is given by the tenant, it may be served upon any person owning the premises, in whole or in part, or the agent of an owner.
     (d) The provisions of this section take effect on the first day of January, two thousand thirteen."
     And,
     By amending the title to read as follows:
     Com. Sub. for H. B. 3177 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-1-16, relating to the status and rights of parties under a preexisting tenancy and lease when residential rental property is sold by a trustee pursuant to a deed of trust; declaring the rights of new owner to terminate tenancy with notice; providing a right of existing tenant to terminate tenancy; creating minimum notice requirements; setting requirements for providing notice; declaring that the terms and conditions of certain preexisting leases survive the trustee sale; naming certain exceptions; and setting effective date."
     On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
     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. 275), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Cowles.
     Absent and Not Voting: Walters.
    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. 3177) passed.
     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 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. 4239, Increasing the membership of the West Virginia Board of Osteopathy.
     The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:
     Senators Foster, McCabe and Sypolt.
     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 Staggers, Ferns and Snuffer.
     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, with amendment, a bill of the House of Delegates, as follows:
     H. B. 4251, Relating generally to amendments to the uniform commercial code.
     On motion of Delegate Boggs, the bill was taken up for immediate consideration.
     The following Senate amendments were reported by the Clerk:
     On page seventy-three, section five hundred two, line thirty-six, after the word "section" , by changing the semicolon to a colon and striking out the word "but"and the colon, and inserting in lieu thereof the words "Provided, That".
     And,
     On page eighty, section five hundred two, line twelve, by striking out the word "it's".
     And,
     By amending the title of the bill to read as follows:
     H. B. 4251- "
A Bill to repeal §46-11-101, §46-11-102, §46-11-103, §46-11-104, §46-11-105, §46-11-106, §46-11-107 and §46-11-108 of the Code of West Virginia, 1931, as amended; to amend and reenact §46-2A-103 of said code; to amend and reenact §46-9-102, §46-9-105, §46-9-307, §46- 9-311, §46-9-316, §46-9-317, §46-9-326, §46-9-406, §46-9-408, §46-9-502, §46-9-503, §46-9-507, §46-9-515, §46-9-516, §46-9-518, §46-9-607 and §46-9-625; and to amend said code by adding thereto nine new sections, designated §46-9-801, §46-9-802, §46-9-803, §46-9-804, §46-9-805, §46- 9-806, §46-9-807, §46-9-808 and §46-9-809, all relating generally to amendments to the uniform commercial code; amending and adding definitions; amending what constitutes control of electronic chattle paper; providing for effect on filed financing statements of change in governing law; amending priority of security interests created by new debtor; amending effectiveness of terms restricting assignment; improving the system for filing financing statements; providing greater protection for existing secured party having a security interest in after-acquired property upon relocation of debtor; reforming the correction statement process; technical changes; and providing transitional rules regarding perfection of security interests, effectiveness of financing statements, persons entitled to file financing statements and priority of financing statements."
     On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
     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. 276), 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: Walters.
     So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4251) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Special Calendar

Unfinished Business

     The following resolutions coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
     H. C. R. 9, Requesting a study of the needs, challenges, and issues facing West Virginia military veterans and other military affairs of the State,
     H. C. R. 53, Requesting a study of the relationship between increases in seismic events and hydrocarbon production and exploration in the State of West Virginia,
     H. C. R. 54, Requesting a study on the compliance of the Americans with Disabilities Act in state governmental buildings,
     H. C. R. 82, Requesting a study of the policies related to assuring the safety of employees required to make field, community or home visits,
     H. C. R. 92, Requesting the Joint Committee on Government and Finance to study the funding of the needs of community and technical colleges in this state,
     H. C. R. 100, The "Donald J. Bragg Memorial Bridge",
     H. C. R. 103, The "Tennis 'TK' Killen Memorial Bridge",
     H. C. R. 105, The "Specialist Fourth Class Lewis Dayton Moles Memorial Bridge",
     And,
     S. C. R. 50, Requesting DOH name bridge in Monongalia County "Lt. Col. Carroll Baxter Lilly Memorial Bridge".
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.
     Delegate Andes and Lane asked that they be shown as having voted "Nay" on H. C. R. 53, Requesting a study of the relationship between increases in seismic events and hydrocarbon production and exploration in the State of West Virginia, enter he or sheenter vote
Third Reading

     S. B. 156, Allowing Corrections Commissioner use excess funds to offset operational costs; 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. 277), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 156) passed.
     An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
     S. B. 156 - "A Bill to amend and reenact §25-7-11 of the Code of West Virginia, 1931, as amended, relating to continuing the correctional industries account; increasing the maximum amount that may be maintained in the correctional industries account; directing that excess funds in the correctional industries account at the end of any fiscal year be deposited into a new special revenue fund to be known as the division of corrections additional operations account; and specifying the purposes for expenditures from the division of corrections additional operations account."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 166, Making disarming or attempting to disarm correctional officer felony; 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. 278), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 166) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 202, Permitting Division of Forestry to enter into stewardship contracts with U. S. Forest Service; 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. 279), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 202) passed.
     On motion of Delegate Miley, the title of the bill was amended to read as follows:
     S. B. 202 - "A Bill to amend and reenact §19-1A-4 of the Code of West Virginia, 1931, as amended, relating to permitting the Director of the Division of Forestry to enter into stewardship contracts with the United States Forest Service; authorizing projects by written agreement or contract; and directing annual reports to the Joint Committee on Government and Finance."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 204, Relating to removal of vehicles from highway in emergency situations; 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. 280), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 204) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 215, Specifying unobligated moneys in Industrial Access Road Fund revert to State Road 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. 281), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 215) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 253, Authorizing DEP promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
     Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for S. B. 253 under the provisions of House Rule 49.
     The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 282), and there were--yeas 73, nays 26, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Border, Canterbury, Carmichael, Cowles, Duke, Ellington, Gearheart, Hall, Householder, Howell, Kump, Lane, C. Miller, J. Miller, Moye, O'Neal, Romine, Savilla, Sigler, Snuffer, Sobonya and Sumner.
     Absent and Not Voting: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 253) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 283), and there were--yeas 75, nays 24, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Ashley, Border, Canterbury, Carmichael, Cowles, Duke, Ellington, Gearheart, Householder, Howell, Kump, C. Miller, J. Miller, Moye, Nelson, O'Neal, Romine, Savilla, Sigler, Snuffer, Sobonya and Sumner.
     Absent and Not Voting: Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 253) 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 S. B. 321, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules; 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. 284), and there were--yeas 93, nays 6, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Andes, Ashley, Howell, Kump, Lane and Sigler.
     Absent and Not Voting: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 321) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 285), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Gearheart, Howell, Kump and Sigler.
     Absent and Not Voting: Snuffer and Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 321) 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.
     S. B. 331, Providing certain persons residing with crime victims prosecutorial notification and right to be heard at sentencing and parole proceedings; 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. 286), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 331) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 337, Relating to powers and duties of Commissioner of Banking; 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. 287), and there were--yeas 93, nays 6, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Andes, J. Miller, Nelson, ONeal, Savilla and Snuffer.
     Absent and Not Voting: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 337) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 369, Permitting Deputy Sheriff Retirement System retirants to modify benefit options upon divorce; 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. 288), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 369) passed.
     On motion of Delegate White, the title of the bill was amended to read as follows:
     S. B. 369 - "A Bill to amend and reenact §7-14D-12 of the Code of West Virginia, 1931, as amended, relating to modifying the Deputy Sheriff Retirement System to allow a retirant upon divorce, annulment or remarriage to change the retirement benefit options under certain circumstances; and prohibiting causes of action against the board based upon such changes."
     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. 373, Providing State Police collect fee for advanced training; 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. 289), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Gearheart.
     Absent and Not Voting: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 373) passed.
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 290), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Gearheart and Howell.
     Absent and Not Voting: Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 373) 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. 386, Clarifying entities included in water's-edge group for income tax purposes; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 291), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Walker.
     Absent and Not Voting: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 386) 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 S. B. 418, Relating to qualifications of Parole Board members; 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. 292), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 418) passed.
     Delegate Boggs moved that the bill take effect July 1, 2012.
     On this question, the yeas and nays were taken (Roll No. 293), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Howell.
     Absent and Not Voting: Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 418) 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. 436, Facilitating collaboration between public school and higher education systems to promote seamless curricula; 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. 294), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 436) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 295), 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: Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 436) 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 S. B. 484, Relating generally to child welfare; 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. 296), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 484) passed.
     Com. Sub. for S. B. 512, Updating statute relating to DMV Office of Administrative Hearing's procedures; 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. 297), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 512) 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 S. B. 555, Providing contractor exception to sales and use tax exemption for certain nonprofit youth 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. 298), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 555) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 299), 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: Snuffer and Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 555) 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 S. B. 572, Replacing "advanced nurse practitioner" with "advanced practice registered nurse"; 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. 300), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Gearheart and Savilla.
     Absent and Not Voting: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 572) passed.
     An amendment to the title of the bill, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the title to read as follows:
          The Committee on Health and Human Resources moves to amend the bill, beginning on page one, by striking out the title of the bill in its entirety and inserting in lieu thereof a new title, to read as follows:
     Com. Sub. for S. B. 572 - "A Bill to amend and reenact §30-7-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §30-7- 1a; and to amend and reenact §30-7-15a, §30-7-15b and §30-7-15c of said code, all relating to advanced practice registered nurses; replacing the term 'advanced nurse practitioner' with 'advanced practice registered nurse'; providing a new definition; making technical corrections; including the Board of Osteopathic Medicine in receipt of copy of certain verifications; providing a grandfather clause; permitting the West Virginia Board of Examiners for Registered Professional Nurses to set an application fee by legislative rule; and providing the board rule-making authority."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 575, Repealing code related to prior disability under Emergency Medical Services Retirement System; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 301), 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, Border, Carmichael, Cowles, Duke, Gearheart, Howell, Ireland, Kump, C. Miller, J. Miller, Overington, Rowan, Savilla, Sigler, Sobonya and Sumner.
     Absent and Not Voting: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 575) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 579, Increasing special reclamation tax on clean coal mined; 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. 302), and there were--yeas 85, nays 14, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Craig, Ellington, Gearheart, Hall, Householder, Kump, J. Miller, Moye, Overington, Pasdon, R. Phillips, Rodighiero, Savilla and Snuffer.
     Absent and Not Voting: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 575) passed.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 303), and there were--yeas 87, nays 12, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Ellington, Gearheart, Hall, Householder, Howell, Kump, J. Miller, Overington, Pasdon, Savilla, Sigler and Snuffer.
     Absent and Not Voting: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 579) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 646, Requiring State Board of Education study GED issues; 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. 304), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 646) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 305), 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: Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 646) 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.
     S. B. 650, Making supplementary appropriation from General Revenue to DHHR--Division of Human Services; on third reading, coming up in regular order, was read a third time.
     On the passage of the bill, the yeas and nays were taken (Roll No. 306), 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, Border, Cowles, Duke, Ellington, Gearheart, Householder, Howell, Kump, Lane, J. Miller, ONeal, Overington, Savilla, Sigler, Sobonya and Sumner.
     Absent and Not Voting: Walters.
     So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 650) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 307), and there were--yeas 85, nays 14, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Armstead, Border, Cowles, Duke, Ellington, Gearheart, Householder, Howell, Kump, J. Miller, Savilla, Sigler, Sobonya and Sumner.
     Absent and Not Voting: Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 650) 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.
     S. B. 673, Expiring funds from MAPS -- Office of the Secretary and making supplementary appropriation to MAPS -- Division of Corrections -- Correctional Units; on third reading, coming up in regular order, was read a third time.
     On the passage of the bill, the yeas and nays were taken (Roll No. 308), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Gearheart.
     Absent and Not Voting: Walters.
     So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 673) passed.
     Delegate Boggs moved that the bill take effect from passage.
     On this question, the yeas and nays were taken (Roll No. 309), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Gearheart.
     Absent and Not Voting: Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 673) 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.
     S. B. 676, Extending grant funding application date for Chesapeake Bay watershed compliance projects;on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
     On motion of Delegate Miley, the bill was amended on page on page three, Section 17b, line forty-four, by striking out the period and inserting in lieu thereof a colon and the following proviso:
     "Provided, That the council shall direct the water development authority to provide from monies in the Lottery Revenue Debt Service Fund not needed to pay debt service in fiscal year 2013 a grant of $6 million to a Chesapeake Bay watershed compliance project which opened bids on December 28, 2011 and further provided that such Chesapeake Bay watershed compliance project shall receive no further grant funding under this section after receipt of the $6 million grant."
     There being no further amendments, the bill was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 310), 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: Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 676) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 311), 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: Walters.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 676) 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.
     At 12:02 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 2:00 p.m., and reconvened at that time.
* * * * * * *

Afternoon Session

* * * * * * *

     Still being in possession of the Clerk, at the request of Delegate Boggs, and by unanimous consent, the House proceeded to further consideration of S. B. 484, Relating generally to child welfare..
     On motion of Delegate Miley, the title of the bill was amended to read as follows:
     Com. Sub. for S.B. 484 - "A bill to repeal §49-5-21 of the Code of West Virginia, 1931, as amended; to repeal §49-6-5a of said code; to amend and reenact §49-1-3 of said code; to amend and reenact §49-2-17 of said code; to amend and reenact §49-5-13 of said code; to amend and reenact §49-5D-2, §49-5D-3 and §49-5D-3a of said code; to amend said code by adding thereto two new sections, designated §49-5D-3b and §49-5D-3c; to amend and reenact §49-6-2, §49-6-3, §49-6-5, §49-6-6, §49-6-8 and §49-6-12 of said code; to amend and reenact §49-6A-5 of said code; to amend and reenact §49-6D-3 of said code; to amend and reenact §49-7-1 of said code; and to amend said code by adding thereto a new section, designated §49-7-36, all relating generally to child welfare; defining 'court appointed special advocate program'; establishing a system of assistance from funds appropriated to the Department of Health and Human Resources for facilitating the adoption or legal guardianship of children who are dependents of the department or of a child welfare agency licenced to place children for adoption; providing when a juvenile is ordered into out-of-state placement, the reasons why the juvenile was not placed in state be included in the court order; adding additional members to the multidisciplinary team; providing a process for multidisciplinary treatment planning in cases involving child abuse and neglect; providing a process for multidisciplinary treatment planning in cases involving status offense or delinquency; increasing the continuing education hours required for attorneys appointed in child abuse and neglect cases; providing that reasonable efforts to preserve the family are not required when a person is required by state or federal law to register with a sex offender registry; providing that the court may modify a dispositional order when it finds a material change of circumstances has occurred and such modification is in the child's best interests; clarifying that the circuit court of origin has exclusive jurisdiction over placement of a child in a child abuse and neglect case; providing a process for permanency hearings and permanent placement reviews; providing that any combination of improvement periods cannot cause a child to be in foster care more than fifteen months of the most recent twenty-two months unless the court finds that it is in the child's best interests; providing for modifications and requests for expunging of records; requiring the secretary to promulgate legislative rules; providing guidelines for unified child and family case plans; confidentiality of records; and requiring a quarterly status review hearing and yearly permanency hearings for transitioning adults."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

     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. 649, Relating to nonintoxicating beer distributor licensees,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 649) was referred to the Committee on Finance.
Special Calendar

Second Reading

     Com. Sub. for S. B. 110, Relating to Broadband Deployment Council; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page four, section three, line fifty-seven, following the words "of the council", by striking out the word "constitutes" and inserting in lieu thereof the word "constitute".
     The bill was then ordered to third reading.
     Com. Sub. for S. B. 211, Creating traffic offenses for texting or using handheld wireless communication device while driving; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15.
Prohibited use of an electronic communications device driving without handheld _features; definitions; exceptions; penalties.
     (a) Except as provided in subdivision (c) of this section, a person may not drive or operate a motor vehicle on a public street or highway while:
     (1) Texting unless the texting is accomplished by hands-free equipment; or
     (2) Using a cell phone or other electronic communications device, unless the use is accomplished by hands-free equipment.
     (b) For purposes of this section, the following terms shall mean:
     (1) 'Cell telephone' shall mean a cellular, analog, wireless or digital telephone.
     (2) 'Driving' or 'operating a motor vehicle' means operating a motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays, but does not include operating a a motor vehicle when the driver moved the vehicle to the side of, or off, a highway and halted in a location where the vehicle can safely remain stationary.
     (3) 'Electronic communication device' shall mean a cell telephone, personal digital assistant, electronic device with mobile data access, laptop computer, pager, broadband personal communication device, 2-way messaging device, electronic game, or portable computing device. For the purposes of this section, an 'electronic communication device' does not include:
     (A) Voice radios, mobile radios, land mobile radios, commercial mobile radios or two way radios with the capability to transmit and receive voice transmissions utilizing a push-to-talk or press-to-transmit function; or
     (B) Other voice radios used by a law-enforcement officer, an emergency services provider, an employee or agent of public safety organizations, first responders, Amateur Radio Operators (HAM) licensed by the Federal Communications Commission and school bus operators.
     (4) 'Engaging in a call' shall mean when a person talks into or listens on an electronic communication device, but shall not include when a person dials or enters a phone number on a pushpad or screen to initiate the call.
     (5) 'Hands-free electronic communication device' shall mean an electronic communication device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such electronic communication device, by which a user engages in a call without the use of either hand or both hands.
     (6) 'Hands-free equipment' shall mean the internal feature or function of a hands-free electronic communication device or the attachment or addition to a hands-free electronic communication device by which a user may engage in a call or text without the use of either hand or both hands.
     (7) 'Texting' means manually entering alphanumeric text into, or reading text from, an electronic communication device, and includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a World Wide Web page or engaging in any other form of electronic text retrieval or entry, for present or future communication. For purposes of this section, 'texting' does not include the following actions:
     (A) Reading, selecting or entering a telephone number, an extension number, or voicemail retrieval codes and commands into an electronic device by the pressing the device in order to initiate or receive a phone call or using voice commands to initiate or receive a telephone call;
     (B) Inputting, selecting or reading information on a global positioning system or navigation system; or
     (C) Using a device capable of performing multiple functions, including fleet management systems, dispatching devices, smart phones, citizens band radios or music players, for a purpose that is not otherwise prohibited in this section.
     (8) 'Using a cell phone or other electronic communication device' shall mean holding in a person's hand or hands an electronic communication device while:
     (A) Viewing or transmitting images or data;
     (B) Playing games;
     (C) Composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages or other electronic data; or
     (D) Engaging in a call.
     (c) Subsection (a) of this section shall not apply to:
     (1) A law-enforcement officer, a firefighter, an emergency medical technician, a paramedic or the operator of an authorized emergency vehicle in the performance of their official duties;
     (2) A person using an electronic communication device to report to appropriate authorities a fire, a traffic accident, a serious road hazard, or a medical or hazardous materials emergencies.
     (3) The activation or deactivation of hands-free equipment or a function of hands-free equipment.
     (d) This section does not supersede the provisions of section three-a, article two, chapter seventeen-b of this code or any more restrictive provisions for drivers of commercial motor vehicles prescribed by the provisions of chapter seventeen-e of this code or federal law or rule.
     (e) Any person who violates the provisions of subsection (a) of this section is guilty of a traffic offense and, upon conviction thereof, shall for a first offense be fined $100; for a second offense be fined $250; and for a third or subsequent offense be fined $500. No court costs or other fees shall be assessed for a violation of subsection (a).
     (f) Notwithstanding any other provision of this code to the contrary, points may not be entered on any driver's record maintained by the Division of Motor Vehicles as a result of a violation of this section, except for the third and subsequent convictions of the offense, for which three points shall be entered on any driver's record maintained by the Division of Motor Vehicles.
     (g) Driving or operating a motor vehicle on a public street or highway while texting or while using a cell phone or other electronic communication device without hands-free equipment shall be enforced as a primary offense for purposes of citation.
     (h) No policy providing liability coverage for personal lines insurance shall contain a provision which may be used to deny coverage or exclude payment of any legal damages recoverable by law for injuries proximately caused by a violation of this section, as long as such amounts are within the coverage limits of the insured.
     (i) Nothing contained in this section shall be construed to authorize seizure of a cell phone or electronic device by any law enforcement agency."
     On motion of Delegate Howell, the Judiciary Committee amendment was amended on page five, section fifteen, line seventy-five, immediately following the word "citation", by inserting the following new subsection:
     "(h) Within ninety days of the effective date of this section, the Department of Transportation shall cause to be erected signs upon any highway entering the state of West Virginia on which a welcome to West Virginia sign is posted, and any other highway where the Department of Highways deems appropriate, posted at a distance of not more than one mile from each border crossing, each sign to bear an inscription clearly communicating to motorists entering the state that texting, or the use of a wireless communication device without hands-free equipment, is illegal within this state."
     On the adoption of the committee amendment as amended, Delegate Overington demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 312), and there were--yeas 61, nays 35, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Border, D. Campbell, Cann, Canterbury, Carmichael, Cowles, Duke, Ellington, Gearheart, Hall, Hartman, Hatfield, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, Moye, O'Neal, Overington, Pasdon, Rowan, Savilla, Shaver, Sigler, Snuffer, Sobonya, Storch and Sumner.
     Absent and Not Voting: Doyle, Ferns, Fleischauer and Walters.
    So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.
     The bill was then ordered to third reading.
     There being no further amendments, the bill as amended, was ordered to third reading.
     Com. Sub. for S. B. 408, Creating criminal offense for intentional defacement of public and private property; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-59. Graffiti; penalties; and damages recoverable in a civil action.
_____(a) As used in this section, 'graffiti' means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any real or personal property.
_____(b) A person who places graffiti on public or private property, real or personal, of another, without the permission of the owner is guilty of a misdemeanor and, upon conviction thereof, for a first offense, may be confined in jail not less than twenty-four hours nor more than six months or fined not more than $1,000, or both. For a second offense, the person is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail not less than forty-eight hours nor more than six months or fined not more than $2,000, or both. For third and subsequent offenses, the person is guilty of a felony and, upon conviction thereof, may be imprisoned in a correctional facility for not less than one nor more than three years or fined not more than $10,000, or both.
_____(c) Any conviction for a violation of subsection (b) for an offense which occurred more than ten years prior to the date of arrest in the current proceeding, may not be considered for the purposes of imposing a sentence under subsection (b) relating to a second, third and subsequent offense.
_____(d) The court may, in addition to any other fine or penalty imposed, order a person who violates this section to pay restitution.
_____(e) A person convicted under any provision in this section shall be sentenced to not less than one hundred twenty hours of court-approved community service. The court may order the person to repair, replace, or clean up the property damaged or destroyed by the person or any other public or private property, with approval of the owner, that is located in the county where the offense occurred.
_____(f) If a person who is less than eighteen years of age is found guilty of violating this section, the court may, in addition to any other penalty imposed, issue an order suspending the driver's license of the person for not more than two years. If the person does not possess a driver's license, the court may issue an order prohibiting the person from applying for a driver's license for not less than six months and not more than two years. The court shall, within five days after issuing the order, forward to the Division of Motor Vehicles any licenses together with a copy of the order.
_____(g) A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to this section or another statute for the same conduct.
_____(h) The owner of public or private property that has been damaged by graffiti may bring a civil action against the person who placed the graffiti on the property. The court may award to the property owner damages in an amount up to three times the amount of any loss in value to the property or up to three times the cost of restoring the property plus attorney's fees and costs, or both.
"
     The bill was then ordered to third reading.
     Com. Sub. for S. B. 507, Relating to voluntary and involuntary hospitalization of mentally ill persons; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"CHAPTER 27. MENTALLY ILL PERSONS.

ARTICLE 4. VOLUNTARY HOSPITALIZATION.
§27-4-1. Authority to receive voluntary patients.
               The chief medical officer of a mental health facility, subject to the availability of suitable accommodations and to the rules and regulations promulgated by the board of health, shall admit for diagnosis, care and treatment any individual:
               (a) Over eighteen years of age who is mentally ill, mentally retarded intellectually disabled or addicted or who has manifested symptoms of mental illness, mental retardation intellectual disability or addiction and who makes application for hospitalization; or
               (b) Under eighteen years of age who is mentally ill, mentally retarded intellectually disabled or addicted or who has manifested symptoms of mental illness, mental retardation intellectual disability or addiction and there is application for hospitalization therefor in his or her behalf:
               (1) By the parents of such person; or
               (2) If only one parent is living, then by such parent; or
               (3) If the parents are living separate and apart, by the parent who has the custody of such person; or
               (4) If there is a guardian who has legal custody of such person, then by such guardian.
               Such admission shall be conditioned upon the consent of the prospective patient if he is twelve years of age or over.
               (5) If the subject person under eighteen years of age is an emancipated minor, the admission of that person as a voluntary patient shall be conditioned upon the consent of the patient.
               (c) No person under eighteen years of age shall may be admitted under this section to any state hospital unless said person has first been reviewed and evaluated by a local mental health facility and recommended for admission.
               (d) If the candidate for voluntary admission is a minor who is fourteen years of age or older, the admitting health care facility shall determine if the minor consents to or objects to his or her admission to the facility. If the parent or guardian who requested the minor's admission under this section revokes his or her consent at any time, or if the minor fourteen years of age or older objects at any time to his or her further treatment, the minor shall be discharged within ninety-six hours to the custody of the consenting parent or guardian, unless the chief medical officer of the mental health facility files a petition for involuntary hospitalization, pursuant to the provisions of section three of this article, or the minor's continued hospitalization is authorized as an involuntary hospitalization pursuant to the provisions of article five of this chapter: Provided, That, if the ninety-six hour time period would result in the minor being discharged and released on a Saturday, a Sunday or a holiday on which the court is closed, the period of time in which the patient shall be released by the facility shall be extended until the next day which is not a Saturday, Sunday or legal holiday on which the court is lawfully closed.___________________
_______________(e) Nothing in this section may be construed to obligate the State of West Virginia for costs of voluntary hospitalizations permitted by the provisions of this section.________
§27-4-3. Right to release on application.
               A voluntary patient who requests his or her release or whose release is requested in writing by his or her parents, parent, guardian, spouse or adult next of kin shall be released forthwith immediately except that:
               (a) If the patient was admitted on his or her own application, and request for release is made by a person other than the patient, release shall be conditioned upon the agreement of the patient thereto;
               (b) If the patient is under twelve eighteen years of age, his or her release prior to becoming twelve eighteen years of age may be conditioned upon the consent of the person or persons who applied for his or her admission; or
               (c) If, within ninety-six hours of the receipt of the request, the chief medical officer of the mental health facility in which the patient is hospitalized files with the clerk of the circuit court or mental hygiene commissioner of the county where the facility is situated an application for involuntary hospitalization as provided in section four, article five of this chapter, release may be postponed for twenty days pending a finding in accordance with the legal proceedings prescribed therein.
               Legal proceedings for involuntary hospitalization shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by him or her or the individual or individuals who applied for his or her admission.
ARTICLE 5. INVOLUNTARY HOSPITALIZATION.
§27-5-4. Institution of final commitment proceedings; hearing requirements; release.
     (a) Involuntary commitment. -- Except as provided in section three of this article, no individual may be involuntarily committed to a mental health facility except by order entered of record at any time by the circuit court of the county in which the person resides or was found, or if the individual is hospitalized in a mental health facility located in a county other than where he or she resides or was found, in the county of the mental health facility and then only after a full hearing on issues relating to the necessity of committing an individual to a mental health facility. Provided, That, If the individual objects to the hearing being held in the county where the mental health facility is located, the hearing shall be conducted in the county of the individual's residence.
     (b) How final commitment proceedings are commenced. -- Final commitment proceedings for an individual may be commenced by the filing of a written application under oath by an adult person having personal knowledge of the facts of the case. and The certificate or affidavit is hereinafter provided with filed with the clerk of the circuit court or mental hygiene commissioner of the county of which where the individual is a resident or where he or she may be found or the county of the a mental health facility if he or she is hospitalized in a mental health facility located in a county other than where he or she resides or may be found. by an adult person having personal knowledge of the facts of the case.
     (c) Oath; contents of application; who may inspect application; when application cannot be filed. --      (1) The person making the application shall do so under oath.      (2) The application shall contain statements by the applicant that he or she believes because of symptoms of mental illness or addiction the individual is likely to cause serious harm to himself, herself or to others and the grounds for the belief, stating in detail the recent overt acts upon which the belief is based. that the individual is likely to cause serious harm to self or others due to what the applicant believes are symptoms of mental illness or addiction. The applicant shall state in detail the recent overt acts upon which the belief is based.      (3) The written application, certificate, affidavit and any warrants issued pursuant thereto, including any papers and documents related thereto, related documents, filed with any a circuit court, or mental hygiene commissioner or designated magistrate for the involuntary hospitalization of any an individual are not open to inspection by any person other than the individual, except upon authorization of unless authorized by the individual or his or her legal representative or by order of the circuit court. and The records may not be published except upon the authorization of unless authorized by the individual or his or her legal representative. Disclosure of these records may, however, be made by the clerk, circuit court, mental hygiene commissioner or designated magistrate to provide notice to the Federal National Instant Criminal Background Check System established pursuant to section 103(d) of the Brady Handgun Violence Prevention Act, 18 U.S.C. §922, and the central state mental health registry, in accordance with article seven-a, chapter sixty-one of this code. Disclosure may also be made to the prosecuting attorney and reviewing court in an action brought by the individual pursuant to section five, article seven-a, chapter sixty-one of this code to regain firearm and ammunition rights.      (4) Applications may not be accepted for individuals who only have epilepsy, a mental deficiency or senility.      (d) Certificate filed with application; contents of certificate; affidavit by applicant in place of certificate. --      (1) The applicant shall file with his or her application the certificate of a physician or a psychologist stating that in his or her opinion the individual is mentally ill or addicted and that because of the mental illness or addiction, the individual is likely to cause serious harm to himself, herself or to self or others if he or she is allowed to remain at liberty and, therefore, he or she should be hospitalized. stating. The certificate shall state in detail the recent overt acts upon on which the conclusion is based.      (2) A certificate is not necessary only when an affidavit is filed by the applicant showing facts and the individual has refused to submit to examination by a physician or a psychologist.      (e) Notice requirements; eight days notice required. -- Upon receipt of an application, the mental hygiene commissioner or circuit court shall review the application and if it is determined that the facts alleged, if any, are sufficient to warrant involuntary hospitalization, forthwith fix a date for and have the clerk of the circuit court give notice of the hearing:
     (1) To the individual;
     (2) To the applicant or applicants;
     (3) To the individual's spouse, one of the parents or guardians, or, if the individual does not have a spouse, parents or parent or guardian, to one of the individual's adult next of kin if the next of kin is not the applicant;
     (4) To the mental health authorities serving the area;
     (5) To the circuit court in the county of the individual's residence if the hearing is to be held in a county other than that of the individual's residence; and
     (6) To the prosecuting attorney of the county in which the hearing is to be held.
     (f) The notice shall be served on the individual by personal service of process not less than eight days prior to the date of the hearing and shall specify:
     (1) The nature of the charges against the individual;
     (2) The facts underlying and supporting the application of involuntary commitment;
     (3) The right to have counsel appointed;
     (4) The right to consult with and be represented by counsel at every stage of the proceedings; and
     (5) The time and place of the hearing.
     The notice to the individual's spouse, parents or parent or guardian, the individual's adult next of kin or to the circuit court in the county of the individual's residence may be by personal service of process or by certified or registered mail, return receipt requested, and shall state the time and place of the hearing.      (f) (g) Examination of individual by court-appointed physician or psychologist; custody for examination; dismissal of proceedings. --      (1) Except as provided in subdivision (3) of this subsection, within a reasonable time after notice of the commencement of final commitment proceedings is given, the circuit court or mental hygiene commissioner shall appoint a physician or psychologist to examine the individual and report to the circuit court or mental hygiene commissioner his or her findings as to the mental condition or addiction of the individual and the likelihood of him or her causing serious harm to himself, herself or to self or others.      (2) If the designated physician or psychologist reports to the circuit court or mental hygiene commissioner that the individual has refused to submit to an examination, the circuit court or mental hygiene commissioner shall order him or her to submit to the examination. The circuit court or mental hygiene commissioner may direct that the individual be detained or taken into custody for the purpose of an immediate examination by the designated physician or psychologist. All such orders shall be directed to the sheriff of the county or other appropriate law-enforcement officer. After the examination has been completed, the individual shall be released from custody unless proceedings are instituted pursuant to section three of this article.      (3) If the reports of the appointed physician or psychologist do not confirm that the individual is mentally ill or addicted and might be harmful to himself, herself or to self or others, then the proceedings for involuntary hospitalization shall be dismissed.      (g) (h) Rights of the individual at the final commitment hearing; seven days' notice to counsel required. --      (1) The individual shall be present at the final commitment hearing and he or she, the applicant and all persons entitled to notice of the hearing shall be afforded an opportunity to testify and to present and cross-examine witnesses.      (2) In the event that the individual has not retained counsel, the court or mental hygiene commissioner, at least six days prior to hearing, shall appoint a competent attorney and shall inform the individual of the name, address and telephone number of his or her appointed counsel.      (3) The individual has the right to have an examination by an independent expert of his or her choice and to present testimony from the expert as a medical witness on his or her behalf. The cost of the independent expert shall be borne is paid by the individual unless he or she is indigent.      (4) The individual may not be compelled to be a witness against himself or herself.      (h) (i) Duties of counsel representing individual; payment of counsel representing indigent. -      (1) The Counsel representing an individual shall conduct a timely interview, make investigation and secure appropriate witnesses, and shall be present at the hearing and protect the interest interests of the individual.   (2) Any Counsel representing an individual is entitled to copies of all medical reports, psychiatric or otherwise.      (3) The circuit court, by order of record, may allow the attorney a reasonable fee not to exceed the amount allowed for attorneys in defense of needy persons as provided in article twenty- one, chapter twenty-nine of this code.      (i) (j) Conduct of hearing; receipt of evidence; no evidentiary privilege; record of hearing. --      (1) The circuit court or mental hygiene commissioner shall hear evidence from all interested parties in chamber including testimony from representatives of the community mental health facility.      (2) The circuit court or mental hygiene commissioner shall receive all relevant and material evidence which may be offered.
     (3) The circuit court or mental hygiene commissioner is bound by the rules of evidence promulgated by the Supreme Court of Appeals except that statements made to physicians or psychologists by the individual may be admitted into evidence by the physician's or psychologist's testimony, notwithstanding failure to inform the individual that this statement may be used against him or her. Any A psychologist or physician testifying shall bring all records pertaining to the individual to the hearing. The medical evidence obtained pursuant to an examination under this section, or section two or three of this article, is not privileged information for purposes of a hearing pursuant to this section.      (4) All final commitment proceedings shall be reported or recorded, whether before the circuit court or mental hygiene commissioner, and a transcript shall be made available to the individual, his or her counsel or the prosecuting attorney within thirty days if it is requested for the purpose of further proceedings. In any case where an indigent person intends to pursue further proceedings, the circuit court shall, by order entered of record, authorize and direct the court reporter to furnish a transcript of the hearings.      (j) (k) Requisite findings by the court. --      (1) Upon completion of the final commitment hearing and the evidence presented in the hearing, the circuit court or mental hygiene commissioner shall make findings as to the following:
_____(A)
Whether or not the individual is mentally ill or addicted;
and, (B) Whether, because of illness or addiction, is the individual is likely to cause serious harm to himself, herself or to self or others if allowed to remain at liberty; and
     (C) Whether the individual is a resident of the county in which the hearing is held or currently is a patient at a mental health facility in the county; and _____(2) The circuit court or mental hygiene commissioner shall also make a finding as to whether or not (D) Whether there is a less restrictive alternative than commitment appropriate for the individual. The burden of proof of the lack of a less restrictive alternative than commitment is on the person or persons seeking the commitment of the individual.      (3) (2) The findings of fact shall be incorporated into the order entered by the circuit court and must be based upon clear, cogent and convincing proof.      (k) (l) Orders issued pursuant to final commitment hearing; entry of order; change in order of court; expiration of order. --      (1) Upon the requisite findings, the circuit court may order the individual to a mental health facility for an indeterminate period or for a temporary observatory period not exceeding six months.      (2) The individual may not be detained in a mental health facility for a period in excess of ten days after a final commitment hearing pursuant to this section unless an order has been entered and received by the facility.      (3) If the order pursuant to a final commitment hearing is for a temporary observation period, the circuit court or mental hygiene commissioner may, at any time prior to the expiration of such period on the basis of a report by the chief medical officer of the mental health facility in which the patient is confined, hold another hearing pursuant to the terms of this section and in the same manner as the hearing was held as if it were an original petition for involuntary hospitalization to determine whether the original order for a temporary observation period should be modified or changed to an order of indeterminate hospitalization of the patient. At the conclusion of the hearing, the circuit court shall order indeterminate hospitalization of the patient or dismissal of the proceedings.      (4) An order for an indeterminate period expires of its own terms at the expiration of two years from the date of the last order of commitment unless prior to the expiration, the Department of Health and Human Resources, upon findings based on an examination of the patient by a physician or a psychologist, extends the order for indeterminate hospitalization. Provided, That If the patient or his or her counsel requests a hearing, then a hearing shall be held by the mental hygiene commissioner or by the circuit court of the county as provided in subsection (a) of this section.      (l) (m) Dismissal of proceedings. -- If the circuit court or mental hygiene commissioner finds that the individual is not mentally ill or addicted, the proceedings shall be dismissed. If the circuit court or mental hygiene commissioner finds that the individual is mentally ill or addicted but is not, because of the illness or addiction, likely to cause serious harm to himself, herself or to self or others if allowed to remain at liberty, the proceedings shall be dismissed.      (m) (n) Immediate notification of order of hospitalization. -- The clerk of the circuit court in which an order directing hospitalization is entered, if not in the county of the individual's residence, shall immediately upon entry of the order forward a certified copy of the order to the clerk of the circuit court of the county of which the individual is a resident.      (n) (o) Consideration of transcript by circuit court of county of individual' residence; order of hospitalization; execution of order. --      (1) If the circuit court or mental hygiene commissioner is satisfied that hospitalization should be ordered but finds that the individual is not a resident of the county in which the hearing is held and the individual is not currently a resident of a mental health facility, a transcript of the evidence adduced at the final commitment hearing of the individual, certified by the clerk of the circuit court, shall forthwith be forwarded to the clerk of the circuit court of the county of which the individual is a resident. who The clerk shall immediately present the transcript to the circuit court or mental hygiene commissioner of the county.      (2) If the circuit court or mental hygiene commissioner of the county of the residence of the individual is satisfied from the evidence contained in the transcript that the individual should be hospitalized as determined by the standard set forth above, the circuit court shall order the appropriate hospitalization as though the individual had been brought before the circuit court or its mental hygiene commissioner in the first instance.      (3) This order shall be transmitted forthwith to the clerk of the circuit court of the county in which the hearing was held who shall execute the order promptly.      (o) (p) Order of custody to responsible person. -- In lieu of ordering the patient to a mental health facility, the circuit court may order the individual delivered to some responsible person who will agree to take care of the individual and the circuit court may take from the responsible person a bond in an amount to be determined by the circuit court with condition to restrain and take proper care of the individual until further order of the court.      (p) (q) Individual not a resident of this state. -- If the individual found to be mentally ill or addicted by the circuit court or mental hygiene commissioner is a resident of another state, this information shall be forthwith given to the Secretary of the Department of Health and Human Resources, or to his or her designee, who shall make appropriate arrangements for transfer of the individual to the state of his or her residence conditioned on the agreement of the individual except as qualified by the interstate compact on mental health.      (q) (r) Report to the Secretary of the Department of Health and Human Resources. --      (1) The chief medical officer of a mental health facility admitting a patient pursuant to proceedings under this section shall forthwith make a report of the admission to the Secretary of the Department of Health and Human Resources or to his or her designee.      (2) Whenever an individual is released from custody due to the failure of an employee of a mental health facility to comply with the time requirements of this article, the chief medical officer of the mental health facility shall forthwith, after the release of the individual, make a report to the Secretary of the Department of Health and Human Resources or to his or her designee of the failure to comply.      (r) (s) Payment of some expenses by the state; mental hygiene fund established; expenses paid by the county commission. --      (1) The state shall pay the commissioner's fee and the court reporter fees that are not paid and reimbursed under article twenty-one, chapter twenty-nine of this code out of a special fund to be established within the Supreme Court of Appeals to be known as the Mental Hygiene Fund.      (2) The county commission shall pay out of the county treasury all other expenses incurred in the hearings conducted under the provisions of this article whether or not hospitalization is ordered, including any fee allowed by the circuit court by order entered of record for any physician, psychologist and witness called by the indigent individual. The copying and mailing costs associated with providing notice of the final commitment hearing and issuance of the final order shall be paid by the county where the involuntary commitment petition was initially filed.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 7A. STATE MENTAL HEALTH REGISTRY; REPORTING OF PERSONS' PROSCRIBED FROM FIREARM POSSESSION DUE TO MENTAL CONDITION TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM; LEGISLATIVE FINDINGS; DEFINITIONS; REPORTING REQUIREMENTS; REINSTATEMENT OF RIGHTS PROCEDURES.
§61-7A-5. Petition to regain right to possess firearms.
     (a) Any person who is prohibited from possessing a firearm pursuant to the provisions of section seven, article seven of this chapter or by provisions of federal law by virtue solely of having previously been adjudicated to be mentally defective or to having a prior involuntary commitment to a mental institution pursuant to chapter twenty-seven of this code may petition the circuit court of the county of his or her residence to regain the ability to lawfully possess a firearm.
     (b) Petitioners prohibited from possession of firearms due to a mental health disability, must include in the petition for relief from disability:
_____(1) A listing of facilities and location addresses of all prior mental health treatment received by petitioner;
_____(2) An authorization, signed by the petitioner, for release of mental health records to the prosecuting attorney of the county; and
_____(3) A verified certificate of mental health examination by a licensed psychologist or psychiatrist occurring within thirty days prior to filing of the petition which supports that the petitioner is competent and not likely to act in a manner dangerous to public safety.
_____(c) The court may only consider petitions for relief due to mental health adjudications or commitments that occurred in this state, and only give the relief specifically requested in the petition.
_____(d) In determining whether to grant the petition, the court shall receive and consider at a minimum evidence:
_____(1) Concerning the circumstances regarding the firearms disabilities imposed by 18 U.S.C. §922(g)(4);
_____(2) The petitioner's record which must include the petitioner's mental health and criminal history records; and
_____(3) The petitioner's reputation developed through character witness statements, testimony, or other character evidence.

     (e) If the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibilities concomitant with the possession of a firearm, will not be likely to act in a manner dangerous to public safety, and that granting the relief will not be contrary to public interest, the court may enter an order allowing the petitioner to possess a firearm. If the order denies petitioner's ability to possess a firearm, the petitioner may appeal the denial, which appeal is to include the record of the circuit court rendering the decision.
_____(f) All proceedings for relief to regain firearm or ammunition rights shall be reported or recorded and maintained for review.
_____(g) The prosecuting attorney or one of his or her assistants shall represent the state in all proceedings for relief to regain firearm rights and provide the court the petitioner's criminal history records.

     (h) The written petition, certificate, mental health or substance abuse treatment records and any papers or documents containing substance abuse or mental health information of the petitioner, filed with the circuit court, are confidential. These documents may not be open to inspection by any person other than the prosecuting attorney or one of his or her assistants only for purposes of representing the state in and during these proceedings and by the petitioner and his or her counsel. No other person may inspect these documents, except upon authorization of the petitioner or his or her legal representative or by order of the court, and these records may not be published except upon the authorization of the petitioner or his or her legal representative.
_____
(b) (i) The circuit clerk of each county shall provide the Superintendent of the West Virginia State Police, or his or her designee, and the Administrator of the West Virginia Supreme Court of Appeals, or his or her designee, with a certified copy of any order entered pursuant to the provisions of this section which removes a petitioner's prohibition to possess firearms. If the order restores the petitioner's ability to possess a firearm, petitioner's name shall be promptly removed from the central state mental health registry and the superintendent or administrator shall forthwith inform the Federal Bureau of Investigation, the United States Attorney General, or other federal entity operating the National Instant Criminal Background Check System of the court action."
     The bill was then ordered to third reading.
     Com. Sub. for S. B. 588, Relating to Wholesale Drug Distribution Licensing Act of 1991; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page five, section five, line forty-six and forty-seven, following "[21 U. S. C. 353(d)];" by inserting a new subdivision to read as follows:
     "(8) Drug returns by a pharmacy or chain drug warehouse to wholesale drug distributor or the drug's manufacturer;" and by renumbering the remaining subdivision;
     On page seven, section five, line one hundred, following the words "Key person' means", by inserting the words "the person designated by the applicant or license holder from".
     On page eleven, section seven, line thirty-three, following the words "legislative rule" and the period, by inserting the following: "All fees collected pursuant to this section shall be used for the operation and implementation of the West Virginia Controlled Substances Monitoring Program database or in the same manner as those fees governed by section fourteen-b, article five, chapter thirty of this code. Fees collected may be used for the operation of the."
     And,
     On page seventeen, section seven, line one hundred seventy- seven by striking out subsection (g) in its entirety and inserting in lieu the following: "(g) Before denial of a license or renewal of a license, the applicant shall be entitled to a hearing in accordance with subsection (h), section eight, article one, chapter thirty of this code."
     The bill was then ordered to third reading.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for S. B. 36, Relating to disclosure requirements for certain public construction contracts,
     S. B. 75, Creating Equine Rescue Facilities Act,
     Com. Sub. for S. B. 76, Creating Green Buildings Act,
     Com. Sub. for S. B. 118, Terminating residential lease upon tenant death,
     Com. Sub. for S. B. 149, Relating to disposition of forfeited or abandoned firearms in state custody,
     Com. Sub. for S. B. 153, Increasing tax credits for apprenticeship training in construction trades,
     Com. Sub. for S. B. 161, Relating to mandatory reporting of child abuse and neglect,
     Com. Sub. for S. B. 245, Authorizing Department of Health and Human Resources promulgate legislative rules,
     Com. Sub. for S. B. 287, Authorizing Department of Revenue promulgate legislative rules,
     S. B. 336, Eliminating mortgage lender license exemption available to bank subsidiaries,
     Com. Sub. for S. B. 340, Relating to interscholastic athletics concussions and head injuries,
     Com. Sub. for S. B. 342, Relating generally to criminal justice system,
     Com. Sub. for S. B. 353, Relating generally to possession of firearms,
     Com. Sub. for S. B. 360, Granting personal property purchaser at foreclosure sale right of disposal with notice,
     Com. Sub. for S. B. 411, Making electronic cash register automated sales suppression devices unlawful,
     S. B. 414, Expanding definition of "medical services applicant" under Volunteer for Nonprofit Youth Organizations Act,
     S. B. 428, Relating to motor vehicle registration of governmental vehicles,
     Com. Sub. for S. B. 435, Relating to nursing home residents' personal funds conveyance upon death,
     Com. Sub. for S. B. 437, Relating generally to substance abuse,
     Com. Sub. for S. B. 457, Continuing Rural Health Initiative; other provisions,
     Com. Sub. for S. B. 477, Limiting possession of wild and exotic animals,
     Com. Sub. for S. B. 478, Creating apprentice hunting and trapping license,
     Com. Sub. for S. B. 487, Creating Coalbed Methane Gas Distribution Fund,
     S. B. 496, Modifying DEP requirement of greenhouse gas emissions' inventory,
     S. B. 497, Awarding attorney fees and costs for administrative proceedings under WV Surface Coal Mining and Reclamation Act,
     Com. Sub. for S. B. 498, Relating to records of abuse, neglect or exploitation of vulnerable adults,
     S. B. 500, Allowing IS&C to bill certain spending units for telecommunication services annually,
     Com. Sub. for S. B. 501, Requiring health insurance coverage of certain hearing aids ,
     Com. Sub. for S. B. 517, Including community beautification and reclamation programs in authorized community corrections programs,
     Com. Sub. for S. B. 528, Relating to scrap metal dealers and scrap metal,
     Com. Sub. for S. B. 535, Expanding certain prescriptive authority for chronic diseases ,
     S. B. 544, Extending expiration date for certain diesel-powered motor vehicle idling restrictions,
     Com. Sub. for S. B. 547, Relating to certain criminal conviction expungement,
     Com. Sub. for S. B. 551, Providing limitation exception for certain mortgage modification loans,
     Com. Sub. for S. B. 562, Establishing DEP procedure for biologic component compliance of narrative water quality standard,
     Com. Sub. for S. B. 563, Clarifying Chief Technology Officer's responsibility prior to transfer or retirement of certain equipment,
     Com. Sub. for S. B. 566, Relating to contracts with nonprofit and charitable entities for inmate work-release and transitional housing; court-ordered direct placement,
     S. B. 596, Prohibiting child erotica,
     Com. Sub. for S. B. 597, Requiring installation of carbon monoxide detectors in certain facilities,
     S. B. 603, Establishing entity for operation of morale, welfare and recreation military facilities,
     S. B. 605, Limiting landowners' liability for military, law-enforcement or homeland defense training purposes,
     S. B. 606, Relating to property forfeiture related to child pornography arrests and computer crimes,
     Com. Sub. for S. B. 611, Developing special community-based pilot demonstration project to improve at-risk youth outcomes,
     Com. Sub. for S. B. 615, Conforming WV Water Pollution Control Act with federal Clean Water Act,
     Com. Sub. for S. B. 618, Relating to municipal and magistrate courts' notification to DMV of violator's failure to pay or appear,
     S. B. 619, Relating to annual business fees and reports due Secretary of State,
     Com. Sub. for S. B. 623, Authorizing PSC promulgate rules establishing capacity improvement fee requirements,
     Com. Sub. for S. B. 628, Allowing fund-raising for state executive party headquarters ,
     Com. Sub. for S. B. 634, Authorizing certain municipalities impose limited special public safety assessment fee,
     Com. Sub. for S. B. 659, Requiring criminal background checks for certain employees of state service providers,
     And,
     Com. Sub. for S. B. 661, Relating to data sharing among state education providers.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous concent, leave of absece for the day was granted Delegate Walters.
     At 2:30 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 9, 2012.

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