hdj2012-1-16-06
__________*__________
Monday, January 16, 2012
SIXTH DAY
[Speaker Pro Tempore Fragale, in the Chair]
The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Richard
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 Friday, January 13, 2012, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
[Mr. Speaker, Mr. Thompson, in the Chair]
Messages from the Executive
The Speaker presented annual reports from various state agencies as required by the
provisions of law, as follows:
Accountancy, Board of
Alcohol Beverage Control Administration
Consolidated Budget Report -
Coal Severance Tax Fund
Gas and Oil Severance Tax
Children's Health Insurance Program
Banking, Division of
Budget Office
Consolidated Report of Federal Funds
Children's Health Insurance Program
Chiropractic, Board of
Conservation Agency
Consolidated Public Retirement Board
State Police Disability Experience
Consumer Advocate, Office of
Council for Community and Technical Education
Court System
Dentists and Dental Hygienists, Board of
Education, Department of
Master Plan for Professional Development
Energy, Division of
Annual Development Plan
Ethics Commission Advisory Opinions
Environmental Protection, Department of
Environmental Protection Advisory Council
Hazardous Waste Management Fee Fund
Landfill Closing Assistance Program
Oil and Gas Reclamation Fund
Oil and Gas Operating Permit and Processing
Stream Restoration Fund
Underground Storage Tank Status
Finance, Division of
Comprehensive Annual Financial Report
Tobacco Settlement Finance Authority
Fire Commission
Forestry, Division of
Logging Sediment Control Act
Managed Timberland Program
Outdoor Heritage Conservation Fund
Geological and Economic Survey
Governor's Office
Health Enhancement and Lifestyle Planning
Breast and Cervical Cancer Diagnostic and Treatment
Children, Juveniles and Other Individuals, Committee on
Health Care Authority
Health Facility licensure and Certification
Long Term Care
James "Tiger" Morton Catastrophic Illness Commission
Maternal Mortality Review Team
Newborn Hearing Screening Project
Higher Education Policy Commission
Investment Management Board Performance Audit
Labor, Division of
Licensed Practical Nurses, Board of
Medical Imaging and Radiation Therapy Technology Board of Examiners
Medicine, Board of
Military Affairs and Public Safety, Department of
Corrections, Division of
Municipal Bond Commission
Occupational Pneumoconiosis Board
Occupational Therapy, Board of
Osteopathy, Board of
Parole Board
Prestera
Professional Engineers, Board of
Professional Surveyors, Board of
Prosecuting Attorneys Institute Report
Psychologists, Board of Examiners of
Public Service Commission
Consumer Advocate Division
Initial Results of Alternative and Renewable Energy Planning Assessment
Purchasing Division
Comprehensive Procurement Program for Recycled Products
Sole Source Report
Stringing Report
Real Estate Commission
Social Work Examiners, Board of
Speech Language Pathology and Audiololgy
Tax Department, State
Classified Assessed Valuations Taxes Levied
Manufacturing Property Tax Adjustment Credit Report
Tax Commissioner, Biennial Report
Transportation, Department of
Transportation Coordinating Council
Water Development Authority
Workers' Compensation Maximum Reimbursement Fee Schedule
The above- referenced reports are on file in the Clerk's Office.
Resolutions Introduced
Delegates R. Phillips, Stowers and Butcher offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 11 - "Requesting the Division of Highways to name the first bridge, number 23-
16/1-0.01, in Accoville Hollow of Buffalo Creek Road on Route 16, Logan County, West Virginia,
the 'Cpl. Druey L. Hatfield Memorial Bridge'."
Whereas, Cpl. Druey L. Hatfield was born August 2, 1950, in Gallia, Ohio, the son of
Wayne B. Hatfield and Ettie P. Hatfield; and
Whereas, Cpl. Druey L. Hatfield died in combat in South Vietnam on March 28, 1971,
while a member of the 1
st Battalion, 46
th Infantry, 23
rd Infantry Division, while defending Fire
Support Base Mary Ann in Quang Tin Province, when that base came under attack by artillery,
rocket and mortar fire; and
Whereas, Cpl. Druey L. Hatfield died instantly as a result of wounds suffered during this
attack. He was awarded medals which included the Army Commendation, National Defense
Service, Vietnam Service, Bronze Star, Republic of Vietnam Campaign, Purple Heart, Combat
Infantry Badge, U. S. Marksman Pistol and U. S. Army Expert Automatic Rifle. Cpl. Druey L.
Hatfield was promoted posthumously to the grade of CPL E-4, AUS as of March 27, 1971, under
the provisions of P.L. 680, 77
th Congress, as amended; and
Whereas, Cpl. Druey L. Hatfield paid the supreme sacrifice in the service of his state and
country and his dedication to protecting the principles upon which this country was built and that
sacrifice should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the first bridge, number 23-16/1-
0.01, in Accoville Hollow of Buffalo Creek Road on Route 16, Logan County, West Virginia, the
"Cpl. Druey L. Hatfield Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying the bridge as the "Cpl. Druey L. Hatfield Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the surviving family of Cpl. Druey L. Hatfield and the Secretary of the Department of
Transportation.
Delegates R. Phillips, Stowers and Butcher offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 12 - "Requesting the Division of Highways to name bridge number 23-16-5.11, on
Buffalo Creek Road, Route 16, at the east end of Proctor Bottom Road., Amherstdale, Logan County,
West Virginia, the 'Cpl. Robert F. Lohr Memorial Bridge'."
Whereas, Cpl. Robert F. Lohr was born April 2, 1930, in Logan County, West Virginia; and
Whereas, Cpl. Robert F. Lohr was a member of Company M, 3rd Battalion, 31st Infantry
Regiment, 7th Infantry Division during the Korean War; and
Whereas, Cpl. Robert F. Lohr was killed in action while fighting the enemy in the Chosin
Reservoir, Eastern Shore, North Korea on December 3, 1950, and his remains were not recovered;
and
Whereas, Cpl. Robert F. Lohr paid the supreme sacrifice in the service of his state and
country and his dedication to protecting the principles upon which this country was built and that
sacrifice should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge, number 23-16-5.11, on
Buffalo Creek Road, Route 16, at the east end of Proctor Bottom, Amherstdale, Logan County, West Virginia, the "Cpl. Robert F. Lohr Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying the bridge as the "Cpl. Robert F. Lohr Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the surviving family of Cpl. Robert F. Lohr and the Secretary of the Department of
Transportation.
Delegates R. Phillips, Stowers and Butcher offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 13 - "Requesting that bridge number 23-10-21.79 over the Guyandotte River on
Route 10 in Logan County, West Virginia, be named the 'Reverend Glenn White Jr. Bridge'."
Whereas, Glenn White Jr. was born to Glenn White and Nevada Counts White on May 6,
1925 in Henlawson, West Virginia; and
Whereas, Glenn White Jr. attended public schools in Logan County and graduated from
Logan High School; and
Whereas, Glenn White Jr. served with the 376th Heavy Bombardment Group, 15th Army
Air Force in World War II and was a tail gunner on a B-24 Liberator that flew twenty-six missions.
Glenn's plane was shot down over Innsbruck, Austria, in 1944, he was listed as missing in action
for approximately three months before his safe return. Glenn served his country with valor and
distinction, and had risen to the rank of Staff Sargent by the war's end; and
Whereas, Upon his return from World War II, Glenn White Jr. obtained a teaching degree
from Marshall University and taught school at Omar Junior High; and
Whereas, Reverend Glenn White Jr. was called to the ministry and was ordained in 1955. He became Assistant Pastor at the Central United Baptist Church in Logan that year, and in 1957,
he became Pastor of the church. Today Reverend White is still ministering the needs of his
congregation at Central United Baptist Church some fifty-four years later; and
Whereas, In addition to his ministry at the Central United Baptist Church, Reverend White
has long been active in Logan civic affairs; and
Whereas, Reverend Glenn White Jr. and his late wife, Catherine, raised two sons, Gary
Glenn White, who with his wife, JoAnn, lives in Mitchell Heights, and John Keith White, who with
his wife, Donna, lives in Whitman. Reverend White also has three grandchildren, Jennifer, Darren
and Tiffany; and
Whereas, Reverend Glenn White Jr has dedicated his life to ministering the spiritual needs
of others and has contributed in so many meaningful ways to the community of Logan; and
Whereas, It is only fitting and proper that we acknowledge Reverend Glenn White Jr. for
his many years of service to God and his country, and for the important contributions he has made
to the community of Logan; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-10-21.79 over
the Guyandotte River on Route 10 in Logan County, West Virginia, the "Reverend Glenn White Jr.
Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "Reverend Glenn White Jr. Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Commissioner of the Division of Highways and to Reverend Glenn White Jr.
Delegates R. Phillips, Stowers and Butcher offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 14 - "Requesting the Division of Highways to name the bridge on State Route 73,
over Cherrytree Hill Road in Mt. Gay, Logan County, bridge number 23-73-2.31, the 'LCPL Danny
M. Greene Memorial Bridge'."
Whereas, LCPL Danny M. Greene was born the second son of Richard E. Greene and Reba
Mae Acres Greene on October 28, 1947 in Cora, West Virginia; and
Whereas, LCPL Danny M. Greene attended Mt. Gay Elementary School, Logan Central
Junior High School and Logan High School; and
Whereas, LCPL Danny M. Greene inscribed his initials under the antecedent bridge along
with his best friend, Frankie Thompson, in 1964; and
Whereas, LCPL Danny M. Greene entered the Marine Corps in February, 1966, and
completed basic training in Paris Island, South Carolina; and
Whereas, LCPL Danny M. Greene was deployed to Vietnam in July, 1966; and
Whereas, LCPL Danny M. Greene had one daughter, Regina Dawn Greene, whom he never
had the chance to meet, born in April, 1967; and
Whereas, LCPL Danny M. Greene was killed in action in the vicinity of Huong Hoa,
Republic of Vietnam, on May 9, 1967, the only resident of Mt. Gay to lose his life while on active
duty in Vietnam; and
Whereas, It is fitting and proper, that LCPL Danny M. Greene be remembered and
acknowledged for his courageous action and ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge on State Route 73, over
Cherrytree Hill Road in Mt. Gay, Logan County, bridge number 23-73-2.31 the "LCPL Danny M.
Greene Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "LCPL Danny M. Greene Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to the Secretary of the Department of Transportation and to the surviving family of LCPL
Danny M. Greene.
Delegate Hamilton offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 15 - "Requesting that bridge number 42-151-0.01 on Route 151 in the Community
of Ellamore in Randolph County, West Virginia, be named the 'Technician Fifth Grade Victor A.
Osburn Memorial Bridge'."
Whereas, Technician Fifth Grade Victor A. Osburn was born on November 3, 1918, in
Kedron, Upshur County, West Virginia, to Chesley and Vertie Osburn, formerly Hornbeck; and
Whereas, Technician Fifth Grade Osburn attended Fairview School, a one room school
house, in Upshur County; and
Whereas, Prior to enlisting in the United States Army, Technician Fifth Grade Victor A.
Osburn was a truck driver for a lumber company in Elkins, West Virginia; and
Whereas, While in the United States Army, Osburn served with the elite 509th parachute
infantry battalion, the most decorated paratroop unit of WWII in the European Theater of operations; and
Whereas, Technician Fifth Grade Victor A. Osburn was killed in action on August 21, 1944,
in France; and
Whereas, On August 21, 1944, the infantry company to which Technician Fifth Osburn was
attached as a medical aid man was approaching a wooded ridge for attack through a deep, rockbound
valley; and
Whereas, Osburn's company was engaged by the enemy with machine gun and artillery fire,
the entire length of the valley, under circumstances which rendered it impossible to advance or
withdraw; and
Whereas, Despite repeated pleas from his comrades to be more careful, Technician Fifth
Osburn worked tirelessly, going from one wounded soldier to another, exposing himself time and
again to enemy sniper and machine gun fire; and
Whereas, After removing three wounded men who lay among the rocks exposed to sniper
and shell fire to safety, Osburn was mortally wounded as he attempted to aid yet another soldier; and
Whereas, Osburn's actions on August 21, 1944, is attributed with inspiring his company to
maintain its attack until the enemy was overcome; and
Whereas, At the direction of the President of the United States, Osburn was posthumously
awarded the Silver Star "for gallantry in action", one of the highest awards made and believed to be
the first awarded to an Upshur countian; and
Whereas, In addition to the Silver Star, Technician Fifth Osburn was posthumously awarded
the Purple Heart for sacrificing his life in defense of his country; and
Whereas, Technician Fifth Victor A. Osburn served his country and his state with gallantry, courage, honor and distinction and gave the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 42-151-0.01 in the
Community of Ellamore, Randolph County, West Virginia, the "Technician Fifth Grade Victor A.
Osburn Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "Technician Fifth Grade Victor A. Osburn Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways; Mr. Leslie Shreve; and Victor A.
Osburn's surviving next of kin consisting of the following nieces and nephews: Annalee Cowgar,
Mary Todd, Jean Baxter, Betty Hefner, Corella Shockey, Lula May Woodring, George Ervin Osburn,
James E. Osburn, Bargara Gahring, Meredith Osburn, Alma Marko, Shirleen Ramsey, Wanda
Spangler, Gary Osburn, Bertha Kluskey, Beatrice Clayton, Mary Mullens, Loraine Ellett, Linda
Holley, Richard Rohr, Jimmy Rohr, Martin Rohr, Janice Dunning, Norman Rohr, Hershel Lantz, Lou
Ellen Renner, Ellis French Lantz, Margaret Jane Deadrick, Harold Joseph Osburn, Patricia Reger,
Leslie Shreve, John Hepler, Dennis Evans, Theida Harman, Terry Evans, Jimmy Osburn and Jean
Goff.
Delegate Hamilton offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 16 - "Requesting that bridge number 49-20/10-1.12 on Alton Road in French Creek,
Upshur County, West Virginia, be named the 'Staff Sergeant Cecil Y. Ware Memorial Bridge'."
Whereas, Staff Sergeant Cecil Y. Ware was born on February 15, 1932, in French Creek,
West Virginia, to Rosie and Coleman Ware; and
Whereas, Staff Sergeant Ware attended schools in Adrian, West Virginia, and prior to
enlisting in the United States Army, skidded logs for Harry J. Hall and was employed by Brent
Freeman of Adrian; and
Whereas, Staff Sergeant Ware enlisted in the United States Army on September 24, 1952,
and was sent to Indiantown Gap, Pennsylvania, prior to being transferred to Korea where he served
for 18 months; and
Whereas, Staff Sergeant Ware returned to the United States and was transferred to Germany
where he served for four years and married Giesla Klos; and
Whereas, Staff Sergeant Ware was returned to Korea for a 12 month tour of duty, returned
to the United States for one year and was then transferred to Vietnam, beginning his Vietnam tour on
October 16, 1965; and
Whereas, On February 24, 1966, Staff Sergeant Cecil Y. Ware was killed in Binh Duong
Province, 20 miles north of Saigon, when hit by mortar fire as his platoon in the First Infantry
Division was moving up on a machine gun nest of the Viet Cong; and
Whereas, Staff Sergeant Ware was the first Upshur County serviceman to lose his life in the
Vietnam war; and
Whereas, Staff Sergeant Cecil Y. Ware was the recipient of the Purple Heart, the National
Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal;
and
Whereas, Staff Sergeant Cecil Y. Ware served his country and his state with honor and distinction and gave the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 49-20/10-1.12 on
Alton Road in French Creek, Upshur County, West Virginia, the "Staff Sergeant Cecil Y. Ware
Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "Staff Sergeant Cecil Y. Ware Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and to surviving siblings Frank Ware
of French Creek, Mavis Small of Kesling Mill, Rosa Lee Ware of Buchannon and Norma Jean
Faultner of Parkersburg.
Delegates R. Phillips, Stowers and Butcher offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 17 - "Requesting the Division of Highways to name the bridge on Buffalo Creek
Road in Logan County, bridge number 23-16/6-0.01, the 'Chester William Fields Sr. Memorial
Bridge'."
Whereas, Chester William Fields Sr. was born on April 19, 1922 in Three Forks, Logan
County, West Virginia, died November 1, 2011, a life long resident of Logan County and a member
of the United Mine Workers of America; and
Whereas, Chester William Fields Sr. was inducted into the United States Army on October
24, 1942; and
Whereas, Chester William Fields Sr. attained the rank of Private First Class; and
Whereas, Chester William Fields Sr. was wounded in Germany on June 23, 1945; and
Whereas, Chester William Fields Sr. was awarded the Purple Heart Medal, the Good
Conduct Medal, the Meritorious Unit Award, the American Theater Ribbon, the European-African-
Middle Eastern Theater Ribbon, and the World War II Victory Ribbon; and
Whereas, Chester William Fields Sr. served his country with honor and distinction until his
honorable discharge on January 9, 1946; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 23-
16/6-0.01 on Buffalo Creek Road in Logan County, West Virginia, the "Chester William Fields Sr.
Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Chester William Fields Sr. Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to the Secretary of the Department of Transportation and to Mr. Fields' surviving children,
Melinda Fields McDonald and Chester Fields Jr.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Perdue, Hatfield, Moore, Moye and Staggers:
H. B. 4076 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend and reenact §33-16E-2 of said
code; to amend said code by enacting thereto a new section, designated §33-24-7l; to amend said code
by enacting thereto a new section, designated §33-25-8i; and to amend said code by enacting thereto
a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage
of maternity and contraceptive services in certain circumstances; providing maternity and
contraceptive services for all individuals participating in or receiving insurance coverage under a
health insurance policy if those services are covered under the policy; and modifying required benefits
for public employees insurance, accident and sickness insurance, group accident and sickness
insurance, hospital medical and dental corporations, health care corporations and health maintenance
organizations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Perdue, Hatfield, Lawrence, Marshall, Moye, Poore, Staggers, Ferns,
Ellington, Miller, J. and Rowan:
H. B. 4077 - "A Bill to amend §30-4-17 of the Code of West Virginia, 1931, as amended,
relating to activities that may be performed by a dental hygienist without a prior exam by a dentist";
to the Committee on Health and Human Resources then Finance.
By Delegates M. Poling, Paxton, Doyle, Fragale, Perry and Sumner:
H. B. 4078 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-9A-9, relating to extending certain deadlines for mandated
actions regarding higher education personnel"; to the Committee on Education.
By Delegates Kump, Householder, Rowan and Savilla:
H. B. 4079 - "A Bill to amend and reenact §61-8B-3 of the Code of West Virginia, 1931, as
amended; to amend and reenact §61-8D-2, §61-8D-2a and §61-8D-5 of said code; and to amend and reenact §62-3-15 of said code, all relating to eliminating eligibility for parole for the offenses of first
degree murder, first degree sexual assault, murder of a child by a parent, guardian or custodian by
refusal to supply necessities or by delivery of a controlled substance, death of a child by a parent,
guardian or custodian by child abuse, or sexual abuse of a child by a parent, guardian or custodian";
to the Committee on the Judiciary then Finance.
By Delegates Kump, Canterbury and Howell:
H. B. 4080 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §1-2-2c, relating to the redistricting of the House of Delegates into
one hundred single member districts after the 2020 census"; to the Committee on the Judiciary then
Finance.
By Delegate Kump:
H. B. 4081 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §3-1-4a, relating to providing petitioners to referendums, elections
or any other ballot issue be afforded the same privacy rights as voters"; to the Committee on the
Judiciary.
By Delegates Frazier, Longstreth, Crosier, Barill, Doyle, Paxton, Iaquinta, White,
Michael, Ireland and Rowan:
H. B. 4082 - "A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as
amended, relating to permitting a military veteran to be identified as a veteran on a driver's license
or identification card issued by the Division of Motor Vehicles; and permitting a veteran to be issued
a replacement license or card without charge if the request is made before the expiration date of the
current license or card"; to the Committee on Roads and Transportation then Finance.
By Delegates L. Phillips, Frazier, Ellington, Gearheart and Moore:
H. B. 4083 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as
amended, relating to exempting nonprofit, tax exempt corporations or organizations affiliated with
a church or association of churches from consumer sales and service tax"; to the Committee on
Finance.
By Delegates Frazier, Miley, Barker, Manypenny and Michael:
H. B. 4084 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §53-8-1, §53-8-2, §53-8-3, §53-8-4, §53-8-5, §53-8-6, §53-8-7, §53-
8-8, §53-8-9, §53-8-10, §53-8-11, §53-8-12, §53-8-13, §53-8-14, §53-8-15, §53-8-16, §53-8-17 and
§53-8-18, all relating to personal safety orders; confidentiality of proceedings; who may file a
petition; contents of petition; temporary hearing and relief available; contents of temporary order;
respondent's opportunity to be heard; notice to respondent; final hearing and forms of relief;
modification and rescission; appeals; criminal penalties; priority of petitions; fees and costs; service
by law enforcement; rules and forms; limitation on use of information; immunity from liability; and
the sealing of records"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegates Marshall, Caputo, Boggs, Miley,
Butcher, Mahan, Moye, Barker, Sumner and Hamilton:
H. B. 4085 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-5B-6; to amend and reenact §22A-1-15, §22A-1-21, §22A-1-22
of said code; to amend said code by adding thereto a new section, designated §22A-1-40; to amend
and reenact §22A-2-2, §22A-2-12, §22A-2-16, §22A-2-43 and §22A-2-78 of said code; to amend and
reenact §22A-7-5 of said code; and to amend said code by adding thereto a new article, designated §22A-12-1 and §22A-12-2, all relating to miners health and safety; directing the creation of a hotline
to receive anonymous tips regarding mine safety; extending payment of wages period for idled miners
when operator fails to abate hazardous condition; establishing and enhancing criminal and civil
penalties for certain violations on mining laws and regulations; authorizing withdraw by miner from
unsafe area or condition and providing process for restatement; allowing persons interviewed in a
mine accident investigation to allow certain persons to be present; allowing family members of miners
to have representatives attend accident investigations when miner not available; providing ventilation
surveys and review by the director; directing Board of Miners' Training, Education and Certification
to conduct training at mines where certain safety violations occur; requiring mine superintendent or
owner-operator to verify all mine reports; requiring that cutter heads, long wall shears and other
mining machines automatically shut-off when the methane level reaches one and twenty-five one
hundredths percent; establishing an Underground Mining Accident Investigation Panel when serious
mining accidents occur; directing the Governor to constitute the panel when an accident occurs;
providing membership and appointment, duties and operation of the panel; and providing that the
Director of the Office of Miners' Health, Safety and Training undertake a program overview of
enforcement laws, procedures and protocols to make recommendations on how to better enforce state
mining laws"; to the Committee on the Judiciary.
House Calendar
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2402, Redefining the term "public record" as it is used in the Freedom of Information Act,
Com. Sub. for H. B. 2521, Eliminating the requirement of serving domestic violence orders
by certified mail,
Com. Sub. for H. B. 3128, Relating to filing a civil petition for expungement of records
relating to an arrest,
And,
H. B. 3132, Requiring a judge's permission before a juror's information can be released.
Miscellaneous Business
Delegate Barill asked and obtained unanimous consent that he be added as a co-sponsor to
H.
B. 4048, Relating to conduct and circumstances of child abuse.
At 1:28 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 17, 2012.