West Virginia Legislature

JOURNAL of the HOUSE of DELEGATES Eightieth Legislature Second Regular Session Held at Charleston Published by the Clerk of the House

Friday, February 3, 2012 TWENTY-FOURTH DAY

2012] HOUSE OF DELEGATES 395

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Friday, February 3, 2012

TWENTY-FOURTH DAY

[ M R . S PEAKER, 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 Thursday, February 2, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.

COMMITTEE REPORTS

Chairman Staggers, from the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

H. B. 4230, State police, modified vehicle inspection manual,

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 the Judiciary. 3 9 6 J OURNAL OF THE [FEBRUARY 3

In accordance with the former direction of the Speaker, the bill (H. B. 4230) was referred to the Committee on the Judiciary.

Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

S. B. 224, Renaming Division of Banking as Division of Financial Institutions,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bill (S. B. 224) was referred to the Committee on the Judiciary.

Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4275, Relating to the provision of financially-related services by banks and bank holding companies,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bill (H. B. 4275) was referred to the Committee on the Judiciary.

Chairman Staggers, from the Committee on Roads and Transportation, submitted the following report, which was received: 2012] HOUSE OF DELEGATES 397

Your Committee on Roads and Transportation has had under consideration:

H. B. 4269, Eliminating tolls on the West Virginia Turnpike before February 1, 2020, and providing that no new bonds may be issued,

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 (H. B. 4269) was referred to the Committee on Finance.

Chairman Pethtel, from the Committee on Pensions and Retirement, submitted the following report, which was received:

Your Committee on Pensions and Retirement has had under consideration:

H. B. 4142, Consolidated Public Retirement Board, state police,

And,

H. B. 4186, Consolidated public retirement board, public employee retirement system,

And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4142 and H. B. 4186) were each referred to the Committee on the Judiciary.

Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received: 3 9 8 J OURNAL OF THE [FEBRUARY 3

Your Committee on Government Organization has had under consideration:

H. B. 4174, Pharmacy Board, rules regarding immunizations,

H. B. 4175, Pharmacy, rules of the board for the uniform controlled substances act,

H. B. 4176, Pharmacy Board, rules for continuing education,

H. B. 4177, Pharmacy Board, licensure of wholesale drug distributors,

And,

H. B. 4195, Foresters, code of ethics,

And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4174, H. B. 4175, H. B. 4176, H. B. 4177 and H. B. 4195) were referred to the Committee on the Judiciary.

Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 4184, Athletic commission, administrative rules regulating mixed martial arts,

H. B. 4193, Foresters, certification,

And, 2012] HOUSE OF DELEGATES 399

H. B. 4194, Foresters, schedule of fees,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 4184, H. B. 4193, H. B. 4194) were each referred to the Committee on the Judiciary.

Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 4249, Reducing utility rates for low-income residential customers,

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 (H. B. 4249) was referred to the Committee on Finance.

Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4271, Reporting requirements for residential mortgage lenders and broker licensees, 4 0 0 J OURNAL OF THE [FEBRUARY 3

And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.

In the absence of objection, reference of the bill (H. B. 4271) to the Committee on the Judiciary was abrogated.

Chairman Poling, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4054, Changing how the public school support foundation allowance is determined,

And,

H. B. 4299, Authorizing a county board of education to use the services of a bus operator from another county in certain circumstances,

And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the bills (H. B. 4054 and H. B. 4299) were each referred to the Committee on Finance.

Chairman Poling, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4243, Relating to disclosure of sex offender registration to private elementary and secondary schools, and to higher education institutions, 2012] HOUSE OF DELEGATES 401

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 the Judiciary.

In accordance with the former direction of the Speaker, the bill (H. B. 4243) was referred to the Committee on the Judiciary.

Chairman Poling, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B. 4311, Adding $20 million to the West Virginia Research Trust Fund,

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 (H. B. 4311) was referred to the Committee on Finance.

Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:

H. B. 4260, Relating to insurance coverage for autism spectrum disorders,

And,

H. B. 4030, Prioritizing the payment of fees, costs, bonds, fines or other sums charged or assessed in magistrate courts in civil and criminal matters, 4 0 2 J OURNAL OF THE [FEBRUARY 3

And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the bills (H. B. 4260 and H. B. 4030) were each referred to the Committee on Finance.

Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:

H. B. 4356, Creating the misdemeanor offense for child neglect resulting in a substantial risk of bodily injury,

And reports back a committee substitute therefor, with the same title, as follows:

Com. Sub. for H. B. 4356 - “A Bill to amend and reenact §61- 8D-4 of the Code of West Virginia, 1931, as amended, relating to creating the misdemeanor offense for child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury; penalties; and exceptions,”

With the recommendation that the committee substitute do pass.

MESSAGES FROM THE SENATE

A message from the Senate, by The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

S. C. R. 15 - “Requesting the Division of Highways to name the portion of U. S. Route 60, starting at the bridge where East 2012] HOUSE OF DELEGATES 403 Rainelle originated and running through the town of Rainelle, West Virginia, now known as Main Street, ‘Major Jackie Willard Sanford Street’.”

W HEREAS, Major Jackie Willard Sanford grew up in East Rainelle, West Virginia; and

W HEREAS, Major Jackie Willard Sanford had a passion at a very young age for serving in the military and tried to enlist at the age of 13, but was rejected; and

W HEREAS, A year later, to gain early entry into the military, Major Jackie Willard Sanford misled a United States Marine recruiter about his age and enlisted at the age of 14 on June 26, 1946; and

W HEREAS, During his tenure in the Marines, Major Jackie Willard Sanford saw duty across the United States and in the Pacific while serving with the 1st Marine Division; and

W HEREAS, Major Jackie Willard Sanford completed his Marine Corp enlistment in 1949, and joined the United States Army, where he became a paratrooper and saw combat duty as a Platoon Sergeant with the 187th Airborne Regimental Combat Team in Korea in 1952; and

W HEREAS, Major Jackie Willard Sanford was wounded twice during his combat tour in Korea and received his first two Purple Heart medals; and

W HEREAS, In September 1964, Major Jackie Willard Sanford again answered the call of duty, arriving in Vinh Long, Vietnam, as a member of the Vinh Long “Outlaws”, the aviation company known as the 62nd Assault Helicopter Company; and

W HEREAS, Major Jackie Willard Sanford led a heavy fire team into the air to search for missing officers, who had been reported ambushed and captured by the enemy; and 4 0 4 J OURNAL OF THE [FEBRUARY 3

W HEREAS, During the search, Major Jackie Willard Sanford’s aircraft was struck by heavy enemy fire; and

W HEREAS, Sadly, On June 16, 1965, Major Jackie Willard Sanford made the ultimate sacrifice for his country, succumbing to his wounds sustained when his aircraft was shot down; and

W HEREAS, Major Jackie Willard Sanford had a distinguished military career receiving at least twenty-one major awards and decorations for his service duty including the Silver Star, Distinguished Flying Cross with First Oak Leaf Cluster; Bronze Star Medal with First Oak Leaf Cluster with “V” Device, Commendation Ribbon with Metal Pendant, Air Medal with twenty Oak Leaf Clusters, the 15th and 20th “V” Device, Purple Heart with Third Oak Leaf Cluster, Army of Occupation Medal with Clasp for Japan, National Defense Service Medal, Korean Service Medal with one Bronze Service Star, Armed Forces Expeditionary Medal for service in Vietnam, Combat Infantryman Badge, United Nations Service Medal, Republic of Korea Presidential Unit Citation, Parachutist Badge, Senior Army Aviator Badge, and the Good Conduct Medal; and

W HEREAS, It is fitting and proper, to honor Major Jackie Willard Sanford for his service and self-sacrifice to his country and state, by naming this street in remembrance of him; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways name the portion of U. S. Route 60, starting at the bridge where East Rainelle originated and running through the town of Rainelle, West Virginia, now known as Main Street, “Major Jackie Willard Sanford Street”; 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 “Major Jackie Willard Sanford Street”; and, be it 2012] HOUSE OF DELEGATES 405

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the town of Rainelle.

RESOLUTIONS INTRODUCED

Delegate Michael offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 50 - “Requesting the bridge in Hardy County, West Virginia on Route 28, crossing the South Branch of the Potomac River North of Moorefield, bridge number 16-220-0.22, be named the ‘Captain John Hanson McNeill CSA Memorial Bridge’.”

W HEREAS, Captain John Hanson McNeill was the best known native of Hardy County to serve in the Civil War. The son of Strother and Amy Pugh McNeill, was born June 12, 1815, about a mile southeast of the present day bridge that carries State Route 28 across the South Branch of the Potomac River just North of Moorefield. His father died when he was only three and one-half years old and “Hanse”, as he was called by family and friends, grew to manhood in the South Branch Valley. After his marriage to Jemima Harness Cunningham, Captain John Hanson McNeill took his family West, seeking more land. After several moves he settled in Daviess County, Missouri. There he purchased a five hundred acre farm where he raised the only herd of Shorthorn Durham cattle in that area. He became a well respected member of the community and was active in the Methodist Church, becoming a lay minister; and

W HEREAS, Captain John Hanson McNeill, at the beginning of the Civil War commanded a company of cavalry and took part in at least four battles in Missouri. His son George, was killed at Lexington, Missouri and he was severely wounded. Sometime later he and his son Jesse were captured. They eventually escaped and made their way back to Hardy County where he organized a company of cavalry that would become known as “McNeill’s Rangers”. Many men from Hardy and surrounding counties served in it; and 4 0 6 J OURNAL OF THE [FEBRUARY 3

W HEREAS, Although officially a part of Colonel John D. Imboden’s Northwestern Brigade they often operated independently and became the scourge of Union supply lines in this area. They took part in larger campaigns such as Gettysburg, and the Jones- Imboden Raid through West Virginia. In early August, 1864, Captain John Hanson McNeill advised his commanding officers not to divide forces and camp on both sides of the South Branch near where the present bridge is located. They ignored him, resulting in the Confederates being surprised and defeated by Union forces with some of the most intense fighting taking place just downstream from the bridge. This was known as “The Battle of Moorefield” and was the largest battle to take place in Hardy County. In an early morning attack on October 3, 1864, Captain McNeill was wounded in a successful attack on a Union encampment at Meem’s Bottom, Virginia. He died from his wound five weeks later on November 10, 1864 in Harrisonburg, Virginia. He was first buried there with full Military and Masonic honors. Several months later his men returned his body to Hardy County for reburial. He is buried in Olivet Cemetery in Moorefield next to the Monument to Confederate Dead, surrounded by the graves of other Confederate solders; and

W HEREAS, Captain John Hanson McNeill, the best known native of Hardy County to serve in the Civil War, is remembered by the community in which he lived, by the founding of McNeill’s Rangers, Camp 582, Sons of Confederate Veterans over ten years ago. The camp is active in honoring Confederate soldiers and preserving history and being civic minded. The camp has been instrumental in preserving the memory of Confederate soldiers from Hardy County and seeking to honor Captain John Hanson McNeill with the naming of the bridge North of Moorefield, West Virginia. It is fitting that in a state, born out of the conflict known alternatively as the Civil War and the War Between the States, we should remember all of its sons who served and died in and as a result of that conflict, as we may remember and honor Captain John Hanson McNeill; therefore, be it 2012] HOUSE OF DELEGATES 407

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the bridge in Hardy County, West Virginia on Route 28, crossing the South Branch of the Potomac River North of Moorefield, bridge number 16-220-0.22, be named the “Captain John Hanson McNeill CSA Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and prominent letters proclaiming the bridge to be named the “Captain John Hanson McNeill CSA 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 the McNeill’s Rangers, Camp 582, Sons of Confederate Veterans.

Delegates Armstead, Cowles, Rowan, Pasdon, Sigler, Householder, Andes, Ashley, C. Miller, Sumner, Lane, Ellem, Romine, Savilla, Howell, Duke, Evans, Hamilton, Sobonya, Gearheart, Ireland, Ellington, Carmichael, Anderson, Walters, Canterbury, Azinger, Border and Kump offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 16 - “Amending the rules of the House of Delegates by rescinding House Rule 84, relating to Committee Hearings, and adding thereto a new rule relating to public hearings on bills introduced.”

Resolved by the House of Delegates:

That the Rules of the House of Delegates be amended by rescinding House Rule 84, relating to Committee Hearings, and adding thereto a new rule as follows: 4 0 8 J OURNAL OF THE [FEBRUARY 3

Committee Hearings

84. On written request of the introducer of a bill or any interested person or organization, timely made to the chairman or clerk of a committee, a public hearing shall be held on any measure on the official agenda of the committee.

The chairman may limit the time of proponents and opponents at such hearing.

The hearing may be conducted by the entire committee or a subcommittee thereof, as the committee shall direct.

When a bill is referred to more than one committee, no more than one hearing shall be required when properly and timely requested under the provisions of this rule.

Public Hearings on Bills Introduced

92b. (a) Public Hearing Request Prior to Placement of Bill on Committee Agenda. Upon the introduction of or at any time subsequent to the introduction of a bill, any member, person or organization may file a written request for a public hearing related to such bill with the Clerk of the House. Upon delivery of such written request to the Clerk, a public hearing shall be held on the bill by the committee to which the bill has been referred. Such public hearing shall be held prior to the placement of the bill on the agenda of such committee.

(b) Public Hearing Request Subsequent to the Placement of Bill on Committee Agenda. At any time subsequent to the placement of a bill on the agenda of any committee, and the release of such agenda for public view, any member, person or organization may file a written request for a public hearing related to such bill. Upon delivery of such written request to the committee, the committee shall hold a public hearing on such bill and postpone consideration of such bill until a subsequent meeting of the committee: Provided, 2012] HOUSE OF DELEGATES 409

That in an emergency situation, and upon a vote of two-thirds of the members of the committee, such public hearing may be held after the committee considers the bill but prior to the date on which the bill is read a first time in the House.

(c) Public Hearings on Bills Regardless of Placement on Committee Agenda. Upon delivery of a written request to the Clerk of the House signed by ten or more members of the House, a public hearing shall be held on any bill, regardless of whether or not such bill is placed on a committee agenda. The public hearing shall be held no later than five legislative days after receipt of said request by the Clerk. Any public hearing held pursuant to the provisions of this subsection shall be chaired by the Speaker of the House, the Majority Leader, the chair of any committee to which the bill has been referred, or such other member as the Speaker of the House may designate. No member may request more than three public hearings pursuant to the provisions of this subsection during any session, but any member may request public hearings pursuant to the provisions of subsections (a) and (b) of this rule in addition to hearings requested pursuant to the provisions of this subsection.

(d) Prior Notice of Public Hearings. The House or any committee of the House holding any public hearing provided for in this rule shall afford no less than 48 hours notice of such public hearing: Provided, That in an emergency situation, and upon two- thirds vote of the members elected or appointed to the House or a two-thirds vote of the members of such committee, the 48 hours notice shall be waived. In no case shall the House or any committee of the House provide less than 24 hours notice of any public hearing. Such notice shall include the time and location of the hearing and be made during a session of the House and placed on the legislative website.

(e) The person designated to preside over any public hearing provided for in this rule may limit the time of proponents and opponents at such hearing: Provided, That comparable time shall be afforded to each person speaking at such hearing. 4 1 0 J OURNAL OF THE [FEBRUARY 3

PETITIONS

The Rural Caucus presented a petition, signed by more than 2,500 residents of all 55 counties of the State, expressing support for S. B. 421, Creating the Captive Cervid Farming Act; which was referred to the Committee on Natural Resources.

BILLS INTRODUCED

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegate J. Miller: H. B. 4409 – “A Bill to amend and reenact §3-5-8a of the Code of West Virginia, 1931, as amended, relating to primary elections and nominating procedures and reducing the signature requirement of petitions in lieu of the filing fee and replace the oath of impecuniosity with a statement of intent”; to the Committee on the Judiciary then Finance.

By Delegates Butcher, Stowers, R. Phillips and Walker: H. B. 4410 – “A Bill to amend and reenact §29-3-11 of the Code of West Virginia, 1931, as amended, relating to the appointment of the State Fire Marshal by the Governor”; to the Committee on Government Organization.

By Delegates J. Miller, Cowles and Householder: H. B. 4411 – “A Bill to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to requiring parents who object to immunizations on the basis of their beliefs to provide a written statement to that effect in lieu of certificates showing proof of immunizations”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Overington, Duke, Lawrence, Doyle, J. Miller, Cowles, Householder and Kump: H. B. 4412 – “A Bill to amend and reenact §51-2-1 of the Code 2012] HOUSE OF DELEGATES 411 of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge for the twenty-third judicial circuit consisting of Berkeley, Jefferson and Morgan counties”; to the Committee on the Judiciary then Finance.

By Delegate Butcher: H. B. 4413 – “A Bill to amend and reenact §15-10-4 of the Code of West Virginia, 1931, as amended, relating to public safety; and requiring an investigation, of an incident resulting in a death or other serious injury caused by a municipal law-enforcement officer or deputy sheriff, by another agency of the state criminal justice system instead of the agency involved in the incident”; to the Committee on the Judiciary.

By Delegates Perry, Shaver, Reynolds, Hall, Skaff, Smith, Sumner, Walker, Pino, Frazier and Carmichael: H. B. 4414 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6, §16-2M-7, §16-2M-8, §16-2M-9 and §16-2M-10, all relating to abortions generally and protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks post-fertilization, except when the mother has a medical emergency and providing for civil remedies and remedies at law; stating legislative findings; definitions; creating felony criminal penalties; and creating a Special Revenue Fund known as the ‘West Virginia Pain-Capable Unborn Child Protection Act Litigation Fund’”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Staggers, Perry, Sumner, Pino, O’Neal, Boggs, Moye and L. Phillips: H. B. 4415 – “A Bill to authorize a Prince Railroad Station Authority to acquire and maintain the railroad station building and the appurtenances thereto located in Prince, West Virginia; to be created as a public corporation; membership, terms and compensation of the board; powers; exemption from taxation; and dissolution of the authority”; to the Committee on Political Subdivisions then the Judiciary. 3 9 2 J OURNAL OF THE [FEBRUARY 3

By Delegates Manchin and Miley [By Request of the Secretary of State’s Office]: H. B. 4416 – “A Bill to amend and reenact §3-12-1, §3-12-4 and §3-12-17 of the Code of West Virginia, 1931, as amended, all relating to extending the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program”; to the Committee on the Judiciary then Finance.

By Delegates White, Hall, Ferns, R. Phillips, D. Poling, Morgan, Stowers and Marcum [By Request of the Department of Administration]: H. B. 4417 – “A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as amended, relating to the nonapplicability of chapter thirty-three of this code, regulating insurance, to the Public Employees Insurance Agency”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates White, Hall, Ferns, R. Phillips, D. Poling, Morgan, Stowers and Marcum [By Request of the Department of Administration]: H. B. 4418 – “A Bill to amend and reenact §5A-3-52 of the Code of West Virginia, 1931, as amended, relating to special funds for travel management; creating the Aviation Fund and the Fleet Management Office Fund; the moneys in these funds do not expire; the funds are to be used for aviation and fleet management purposes; and costs and expenses will be borne by the agency or department using the aviation or fleet services”; to the Committee on Government Organization then Finance.

By Delegates White, Hall, Ferns, R. Phillips, D. Poling, Morgan, Stowers and Marcum [By Request of the Department of Administration]: H. B. 4419 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5- 16-27, relating to the subrogation rights of the Public Employees Insurance Agency to recover claims paid on behalf of covered employees and dependents”; to the Committee on the Judiciary then Finance. 2012] HOUSE OF DELEGATES 393 By Delegates White, Hall, Ferns, R. Phillips, D. Poling, Morgan, Stowers and Marcum [By Request of the Department of Administration]: H. B. 4420 – “A Bill to amend and reenact §5A-7-4a of the Code of West Virginia, 1931, as amended, relating to allowing the Information Services and Communications Division to accumulate invoices for telecommunication services for a state spending unit under $75 and send them to the spending unit in one statement near the end of the fiscal year”; to the Committee on Finance.

By Delegates White, Hall, Ferns, R. Phillips, D. Poling, Morgan, Stowers and Marcum [By Request of the Department of Administration]: H. B. 4421 – “A Bill to amend and reenact §5A-6-4 of the Code of West Virginia, 1931, as amended, relating to clarifying that the Office of Technology is responsible for the retirement or transfer of information technology equipment that may contain confidential or privileged electronic data”; to the Committee on Government Organization then the Judiciary.

By Delegates Butcher, Walker, D. Poling, Boggs, Caputo, Martin, Stephens, Diserio, Storch, Hamilton and Ellem: H. B. 4422 – “A Bill to amend and reenact §21-3D-1, §21-3D- 2, §21-3D-3, §21-3D-4 and §21-3D-9 of the Code of West Virginia, 1931, as amended, all relating to crane operator certification; redefining the term ‘crane’; expanding the type of equipment for which certification is required to operate; requiring adherence to standards established by the Occupational Safety and Health Administration of the United States Department of Labor; eliminating the dual classification system as of November 10, 2014; authorizing the Commissioner of Labor to issue notices to cease and desist unlawful practices; authorizing the Commissioner of Labor to apply to the circuit court for injunctive relief; limiting reciprocity provisions; and deleting obsolete provisions”; to the Committee on Government Organization. 3 9 4 J OURNAL OF THE [FEBRUARY 3

HOUSE CALENDAR

SECOND READING

Com. Sub. for H. B. 4063, Relating to civil service commissions in political subdivisions; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading,

Com. Sub. for H. B. 4239, Increasing the membership of the West Virginia Board of Osteopathy; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 4257, Providing late voter registration opportunities to individuals covered by the Uniformed and Overseas Citizens Act of 1986; on second reading, coming up in regular order, was reported by the Clerk.

On motion of Delegate Miley, the bill (Com. Sub. for H. B. 4257) was recommitted to the Committee on the Judiciary.

H. B. 4314, Relating to the appointment of magistrates; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 4320, Relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

At 11:28 A.M., the House of Delegates adjourned until 1:00 P.M., Monday, February 6, 2012. 1 HOUSE ABSTRACT

2012 REGULAR SESSION

CONTAINING

Active House Bills as of February 3, 2012 AND BILLS INTRODUCED AND REFERRED

(Bills numbered below 4000 have been carried over from the 2011 Regular Session; bills numbered 4000 and higher have been introduced in the 2012 Regular Session.)

*Denotes Committee Substitutes

ACTIVE HOUSE BILLS

4030. By Del. Williams, Shaver and Hunt - Prioritizing the payment of fees, costs, bonds, fines or other sums charged or assessed in magistrate courts in civil and criminal matters - Introduced 01/12/12 - To Judiciary then Finance - To House Finance 2/3/12

4054. By Del. Poling, M., Perry, Shaver, Smith and Campbell, D. - Changing how the public school support foundation allowance is determined - Introduced 01/13/12 - To Education then Finance - To House Finance 2/3/12

*4063. By Del. Hamilton, Phillips, L., Crosier, Poling, D., Campbell, D., Poling, M., Iaquinta, Ireland, O’Neal, Lane and Ellem - Relating to civil service commissions in political subdivisions - Introduced 01/13/12 - To Political Subdivisions then Judiciary - To House Judiciary 1/19/12 - On 3rd reading, House Calendar 2/6/12

*4078. By Del. Poling, M., Paxton, Doyle, Fragale, Perry and Sumner - Extending certain deadlines for mandated actions regarding higher education personnel - Introduced 01/16/12 - To Education - Passed House 1/23/12 - Effect from passage - To Senate 1/24/12 - To Education 1/24/12 - Amended - On 3rd reading 2/6/12

4142. By Del. Brown, Poling, D., Fleischauer, Talbott and Overington - Consolidated Public Retirement Board, state police - Introduced 01/19/12 - To Pensions and Retirement then Judiciary - To House Judiciary 2/3/12

4174. By Del. Brown, Poling, D., Fleischauer, Talbott and Overington - Pharmacy board, rules regarding immunizations - Introduced 01/19/12 - To Government Organization then Judiciary - To House Judiciary 2/3/12 2

4175. By Del. Brown, Poling, D., Fleischauer, Talbott and Overington - Pharmacy, rules of the board for the uniform controlled substances act - Introduced 01/19/12 - To Government Organization then Judiciary - To House Judiciary 2/3/12

4176. By Del. Brown, Poling, D., Fleischauer, Talbott and Overington - Pharmacy board, rules for continuing education - Introduced 01/19/12 - To Government Organization then Judiciary - To House Judiciary 2/3/12

4177. By Del. Brown, Poling, D., Fleischauer, Talbott and Overington - Pharmacy board, licensure of wholesale drug distributors - Introduced 01/19/12 - To Government Organization then Judiciary - To House Judiciary 2/3/12

4184. By Del. Brown, Poling, D., Fleischauer and Talbott - Athletic commission, administrative rules regulating mixed martial arts - Introduced 01/19/12 - To Government Organization then Judiciary - To House Judiciary 2/3/12

4186. By Del. Brown, Poling, D., Fleischauer and Talbott - Consolidated public retirement board, public employee retirement system - Introduced 01/19/12 - To Pensions and Retirement then Judiciary - To House Judiciary 2/3/12

4193. By Del. Brown, Poling, D., Fleischauer, Talbott and Overington - Foresters, certification - Introduced 01/19/12 - To Government Organization then Judiciary - To House Judiciary 2/3/12

4194. By Del. Brown, Poling, D., Fleischauer and Talbott - Foresters, schedule of fees - Introduced 01/19/12 - To Government Organization then Judiciary - To House Judiciary 2/3/12

4195. By Del. Brown, Poling, D., Fleischauer, Talbott and Overington - Foresters, code of ethics - Introduced 01/19/12 - To Government Organization then Judiciary - To House Judiciary 2/3/12

4230. By Del. Brown, Poling, D., Fleischauer, Talbott and Overington - State police, modified vehicle inspection manual - Introduced 01/19/12 - To Roads and Transportation then Judiciary - To House Judiciary 2/3/12

*4239. By Del. Morgan and Perdue - Increasing the membership of the West Virginia Board of Osteopathy - Introduced 01/20/12 - To Government Organization - On 3rd reading, House Calendar 2/6/12

4243. By Del. Smith, Lawrence and Hunt - Relating to disclosure of sex offender registration to private elementary and secondary schools, and to higher education institutions - Introduced 01/20/12 - To Education then Judiciary - To House Judiciary 2/3/12

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4249. By Del. Morgan, Stephens, Swartzmiller, Hall, Hatfield, Hartman, Skaff, Stowers, Williams, Frazier and Snuffer - Reducing utility rates for low-income residential customers - Introduced 01/20/12 - To Government Organization then Finance - To House Finance 2/3/12

*4257. By Del. Iaquinta, Poore, Marshall, Crosier, Fleischauer and Duke - Providing late voter registration opportunities to individuals covered by the Uniformed and Overseas Citizens Act of 1986 - Introduced 01/23/12 - To Judiciary - Recommitted to Judiciary on 2nd reading 2/3/12

4260. By Del. Fleischauer, Miley, Brown, Caputo, Hunt, Longstreth, Pino, Overington and Sobonya - Relating to insurance coverage for autism spectrum disorders - Introduced 01/23/12 - To Judiciary then Finance - To House Finance 2/3/12

4269. By Del. Gearheart, Frazier, Hall, Moore, Sumner, O’Neal, Ellington, Phillips, L. and Savilla - Eliminating tolls on the West Virginia Turnpike before February 1, 2020, and providing that no new bonds may be issued - Introduced 01/23/12 - To Roads and Transportation then Finance - To House Finance 2/3/12

4271. By Del. Moore, Reynolds and Azinger - Reporting requirements for residential mortgage lenders and broker licensees - Introduced 01/24/12 - To Banking and Insurance then Judiciary - 2nd reference dispensed - On 1st reading, House Calendar 2/6/12

4275. By Del. Moore, Reynolds and Azinger - Relating to the provision of financially-related services by banks and bank holding companies - Introduced 01/24/12 - To Banking and Insurance then Judiciary - To House Judiciary 2/3/12

4299. By Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - Authorizing a county board of education to use the services of a bus operator from another county in certain circumstances - Introduced 01/25/12 - To Education then Finance - To House Finance 2/3/12

4311. By Del. Fleischauer, Marshall, Barill, Campbell, D., Poling, M., Pasdon, White, Campbell, T., Miller, C., Reynolds and Paxton - Adding $20 million to the West Virginia Research Trust Fund - Introduced 01/26/12 - To Education then Finance - To House Finance 2/3/12

4314. By Del. Caputo, Longstreth, Manchin, Fragale, Barill, Marcum, Ellem, Boggs, Miley, Storch and Hunt - Relating to the appointment of magistrates - Introduced 01/26/12 - To Judiciary - On 3rd reading, House Calendar 2/6/12

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4320. By Del. Ferro, Barker and Caputo - Relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements - Introduced 01/26/12 - To Judiciary - On 3rd reading, House Calendar 2/6/12

*4356. By Del. Fleischauer, Brown, Ireland, Lawrence, Manypenny, Marcum, Miley, Skaff, Stowers, Phillips, R. and Hall - Creating the misdemeanor offense for child neglect resulting in a substantial risk of bodily injury - Introduced 01/31/12 - To Judiciary - On 1st reading, House Calendar 2/6/12

BILLS INTRODUCED AND REFERRED February 3, 2012

4409. By Del. Miller, J. - Relating to primary elections and nominating procedures - Introduced 02/03/12 - To Judiciary then Finance

4410. By Del. Butcher, Stowers, Phillips, R. and Walker - Allowing the State Fire Marshal to be appointed by the Governor - Introduced 02/03/12 - To Government Organization

4411. By Del. Miller, J., Cowles and Householder - Requiring parents who object to immunizations to provide a written statement to that effect - Introduced 02/03/12 - To Health and Human Resources then Judiciary

4412. By Del. Overington, Duke, Lawrence, Doyle, Miller, J., Cowles, Householder and Kump - Authorizing an additional circuit court judge for the twenty-third judicial circuit - Introduced 02/03/12 - To Judiciary then Finance

4413. By Del. Butcher - Requiring an investigation of an incident resulting in a death or other serious injury caused by a municipal law-enforcement officer - Introduced 02/03/12 - To Judiciary

4414. By Del. Perry, Shaver, Reynolds, Hall, Skaff, Smith, Sumner, Walker, Pino, Frazier and Carmichael - The Pain-Capable Unborn Child Protection Act - Introduced 02/03/12 - To Health and Human Resources then Judiciary

4415. By Del. Staggers, Perry, Sumner, Pino, O’Neal, Boggs, Moye and Phillips, L. - Authorize a Prince Railroad Station Authority to acquire and maintain the railroad station building - Introduced 02/03/12 - To Political Subdivisions then Judiciary

4416. By Del. Manchin and Miley - Extending the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program - Introduced 02/03/12 - To Judiciary then Finance

5

4417. By Del. White, Hall, Ferns, Phillips, R., Poling, D., Morgan, Stowers and Marcum - Relating to the nonapplicability of chapter thirty-three of this code, regulating insurance, to the Public Employees Insurance Agency - Introduced 02/03/12 - To Banking and Insurance then Judiciary

4418. By Del. White, Hall, Ferns, Phillips, R., Poling, D., Morgan, Stowers and Marcum - Creating the Aviation Fund and the Fleet Management Office Fund - Introduced 02/03/12 - To Government Organization then Finance

4419. By Del. White, Hall, Ferns, Phillips, R., Poling, D., Morgan, Stowers and Marcum - Defining subrogation rights and procedures for the West Virginia Public Employees Insurance Agency - Introduced 02/03/12 - To Judiciary then Finance

4420. By Del. White, Hall, Ferns, Phillips, R., Poling, D., Morgan, Stowers and Marcum - Allowing the Information Services and Communications Division to accumulate invoices for certain telecommunication services - Introduced 02/03/12 - To Finance

4421. By Del. White, Hall, Ferns, Phillips, R., Poling, D., Morgan, Stowers and Marcum - Clarifying that the Office of Technology is responsible for the retirement or transfer of information technology equipment - Introduced 02/03/12 - To Government Organization then Judiciary

4422. By Del. Butcher, Walker, Poling, D., Boggs, Caputo, Martin, Stephens, Diserio, Storch, Hamilton and Ellem - Relating to crane operator certification - Introduced 02/03/12 - To Government Organization

ALL HOUSE JOINT RESOLUTIONS OFFERED

2. By Del. Campbell, T. - Biennial Budget Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

3. By Del. Armstead, Rowan, Overington and Azinger - Warrantless Searches of Homes by Electronic Surveillance Home Searched Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

4. By Del. Caputo, Manchin and Longstreth - Homestead Increase Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

5. By Del. Caputo, Poling, D., Longstreth and Manchin - Disabled Veterans Homestead Exemption Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

6. By Del. Doyle - Reformation of County Commission Elections Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary 6

7. By Del. Doyle - Veto Session Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

9. By Del. Longstreth - Homestead Exemption Increase Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

10. By Del. Moye - Insurance Commissioner as an Elected Officer Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

11. By Del. Rodighiero, Butcher and Poling, D. - Increase of the General Homestead Exemption Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

12. By Del. Sumner and Sobonya - Clarifying that nothing in the Constitution secures or protects a right to abortion - Introduced 01/11/12 - To Constitutional Revision then Judiciary

13. By Del. Armstead, Andes, Duke, Ireland, Miller, C., Miller, J., Romine, Rowan and Sumner - Homestead Exemption Increase Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

14. By Del. Hamilton, Ireland, Romine, Andes, Rowan, Sobonya and Duke - Defense of Marriage Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

15. By Del. Kump - Legislator Term Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

16. By Del. Doyle, Perdue, White and Michael - Budget Committee to Introduce the Budget Bill Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

17. By Del. Rodighiero and Reynolds - Homestead Exemption Increase Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

18. By Del. Michael, Moye, Boggs, Overington, Armstead, Sumner and Williams - The Marriage Protection Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

20. By Del. Doyle and Moye - Legislator Replacement Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

21. By Del. Overington, Walters, Cowles, Azinger and Duke - Homestead Exemption Calculation Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

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22. By Del. Romine, Walters, Evans, Azinger, Miller, C., Duke and Rowan - Super-Majority Required for Passage of Tax Bill Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

23. By Del. Miller, J., Overington, Lane, Sobonya and Andes - Taxpayer’s Bill of Rights Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

24. By Del. Overington, Lane, Carmichael, Sobonya, Sumner, Walters, Canterbury, Miller, J. and Andes - Prohibiting the Governmental Taking of Private Property for Private Use Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

25. By Del. Miller, J., Cowles, Andes, Hall, Carmichael, Duke and Armstead - The Healthcare Freedom Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

26. By Del. Overington, Miller, J., Andes, Lane, Armstead and Walters - Super-Majority Required for Passage of Tax Bill Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

27. By Del. Overington, Armstead, Rowan, Duke, Sumner, Walters, Andes, Miller, J. and Lane - Initiative, Referendum and Recall Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

28. By Del. Swartzmiller - Repeal of Sheriffs Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

30. By Del. Overington, Householder, Andes, Savilla, Cowles, Miller, J. and Gearheart - Right to Work Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

31. By Del. Lane and Walters - Homestead Exemption Increase Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

32. By Del. Doyle, Campbell, T., Michael, White, Manchin, Williams, Poore, Perry, Stowers, Marshall and Lawrence - Governor’s Succession Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

33. By Del. Overington, Duke, Cowles, Householder, Miller, J., Kump, Rowan and Howell - Homestead Exemption Increase Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

34. By Del. Craig, Michael, Armstead, Reynolds, Pasdon, Hartman and Andes - Tangible Personal Property Tax Exemption and Rate Reduction Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance 8

35. By Del. Anderson, Nelson, Ashley, Howell, Duke, Savilla, Overington, O’Neal, Gearheart, Storch and Pasdon - Manufacturing Inventory Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

36. By Del. Hunt, Poore and Skaff - Homestead Exemption Increase Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

38. By Del. Overington, Ellington, Barker, Phillips, R., Sobonya, Miller, C., Armstead, Walters, Storch, Gearheart and Sigler - Capital Punishment Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

39. By Del. Anderson, Ellem, Storch, Gearheart, Sigler, Ellington, Nelson, Savilla and Howell - Homestead Exemption Increase Amendment - Introduced 01/11/12 - To Constitutional Revision then Finance

40. By Del. Kump - Legislature Reapportionment Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

41. By Del. Kump - The March Legislative Session Amendment - Introduced 01/11/12 - To Constitutional Revision then Judiciary

101. By Del. Manchin, Caputo, Frazier, Doyle, Longstreth, Poling, D., Stephens and Varner - The Simple Majority Approval Amendment - Introduced 01/12/12 - To Constitutional Revision then Judiciary

102. By Del. Kump - The Legislator Term Limit Amendment - Introduced 01/12/12 - To Constitutional Revision then Judiciary

103. By Del. Kump - The Lieutenant Governor Amendment - Introduced 01/12/12 - To Constitutional Revision then Judiciary

104. By Del. Doyle, Nelson, Campbell, T., Gearheart, Michael, Storch, Lawrence, Snuffer, Hartman, Pasdon and Phillips, R. - The “Single Delegate District Amendment” - Introduced 01/13/12 - To Constitutional Revision then Judiciary

105. By Del. Hatfield, Skaff, Manchin and Poore - The Silenced Majority Local Levy and Bond Amendment - Introduced 01/24/12 - To Constitutional Revision then Judiciary

106. By Del. Fleischauer, Brown, Caputo, Hunt, Longstreth, Pino, Overington and Sobonya - The Office of Lieutenant Governor Amendment - Introduced 01/24/12 - To Constitutional Revision then Judiciary

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107. By Del. Walker, Cann, Barker, Longstreth, Michael, Crosier, Smith and Hamilton - The Governor Succession Amendment - Introduced 01/25/12 - To Constitutional Revision then Judiciary

108. By Mr. Speaker (Mr. Thompson) and Del. Armstead [By Request of the Executive] - The Office of Lieutenant Governor Amendment - Introduced 01/25/12 - To Constitutional Revision then Judiciary

109. By Del. Savilla, Andes, Householder and Carmichael - The “Legislator Term Amendment” - Introduced 01/31/12 - To Constitutional Revision then Judiciary

110. By Del. Givens and Caputo - The “Surviving Spouse Homestead Exemption Amendment” - Introduced 02/02/12 - To Constitutional Revision then Finance

ALL HOUSE CONCURRENT RESOLUTIONS OFFERED

1. By Mr. Speaker (Mr. Thompson) - Extending an invitation to his Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor - Introduced 01/11/12 - Reference dispensed - Adopted by House 1/11/12 - To Senate 1/11/12 - Committee reference dispensed - Adopted by Senate 1/11/12

2. By Del. Phillips, R. - The “PVT Ervin L. Arnold Memorial Bridge” - Introduced 01/12/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

3. By Del. Phillips, R. - The “Warrant Officer Dale Shaheen Memorial Bridge” - Introduced 01/12/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

4. By Del. Phillips, R. - The “Gordon M. Sorrell Memorial Bridge” - Introduced 01/12/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

5. By Del. Phillips, R. - The “Adkins Brothers Memorial Road” - Introduced 01/12/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

6. By Del. Iaquinta, Cann, Fragale and Miley - The “John Charles Giese Memorial Bridge” - Introduced 01/12/12 - To Rules

7. By Del. Brown, Guthrie and Hatfield - The “Second Lieutenant Theodore Remington Woo Memorial Bridge” - Introduced 01/12/12 - To Rules

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8. By Del. Frazier, Ellington and Gearheart - The “All-American Rod Thorn Interchange” - Introduced 01/13/12 - To Rules

9. By Del. Iaquinta, Fleischauer, Jones, Longstreth, Stephens, Walker and Azinger - Requesting a study of the needs, challenges, and issues facing West Virginia military veterans and other military affairs of the State - Introduced 01/13/12 - To Rules

10. By Del. Williams, Campbell, D., Moye, Perdue, Pino, Stephens, Walker and Hamilton - Urging legislative support of the recommendations included in the West Virginia Partnership for Elder Living’s Make a Plan for Alzheimer’s Final Report and Recommendations - Introduced 01/13/12 - To Rules

11. By Del. Phillips, R., Stowers and Butcher - The “Cpl. Druey L. Hatfield Memorial Bridge” - Introduced 01/16/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

12. By Del. Phillips, R., Stowers and Butcher - The “Cpl. Robert F. Lohr Memorial Bridge” - Introduced 01/16/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

13. By Del. Phillips, R., Stowers and Butcher - The “Reverend Glenn White Jr. Bridge” - Introduced 01/16/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

14. By Del. Phillips, R., Stowers and Butcher - The “LCPL Danny M. Greene Memorial Bridge” - Introduced 01/16/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

15. By Del. Hamilton - The “Technician Fifth Grade Victor A. Osburn Memorial Bridge” - Introduced 01/16/12 - To Rules

16. By Del. Hamilton - The “Staff Sergeant Cecil Y. Ware Memorial Bridge” - Introduced 01/16/12 - To Rules

17. By Del. Phillips, R., Stowers and Butcher - The “Chester William Fields Sr. Memorial Bridge” - Introduced 01/16/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

18. By Del. Stowers, Phillips, R., Butcher and Rodighiero - The “Aster C. Adkins Memorial Bridge” - Introduced 01/17/12 - To Rules

19. By Del. Smith - The “Staff Sergeant Raymond Armentrout Memorial Bridge” - Introduced 01/17/12 - To Rules 11

20. By Del. Smith - The “SP5 Lynn Waitman Peters Memorial Bridge” - Introduced 01/17/12 - To Rules

21. By Del. Hamilton - The “Junior Ellsworth Reed Memorial Bridge” - Introduced 01/17/12 - To Rules

22. By Del. Hamilton - The “Corporal Ronald Lee Kesling Memorial Bridge” - Introduced 01/18/12 - To Rules

23. By Del. Pethtel, Perry, Barill, Crosier, Fragale, Lawrence, Duke, Gearheart, Paxton, Poling, M., Rowan and Sumner - Encouraging implementation of the West Virginia Department of Education’s Career and Technical Education College and Career Readiness Initiative - Introduced 01/18/12 - To Rules

24. By Del. Pethtel, Barill, Crosier, Fragale, Lawrence, Duke, Gearheart, Paxton, Poling, M., Rowan and Sumner - Encouraging implementation of the 10 Elements of High Quality Digital Learning - Introduced 01/17/12 - To Rules

25. By Del. Guthrie, Wells, Hunt and Hatfield - The “Samuel L. ‘Monty’ Shelton Memorial Bridge” - Introduced 01/19/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

26. By Del. Caputo, Longstreth and Manchin - The “Worthington Veterans Bridge” - Introduced 01/19/12 - To Rules

27. By Del. White, Boggs, Marcum and Moore - Including West Virginia Route 80 in Mingo County as a Blue Star Memorial Highway - Introduced 01/19/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

28. By Del. Campbell, D. - The “L/CPL David Lee Cosner Memorial Bridge” - Introduced 01/20/12 - To Rules

29. By Del. Campbell, D., Hartman and Hall - The “Major Arnold James Zirkle Memorial Bridge” - Introduced 01/20/12 - To Rules

30. By Del. Campbell, D., Hartman, Hall and Phillips, L. - Requesting a sign honoring Anna Wallace be placed at the intersection of U. S. Route 219 and West Virginia Route 39 at Mill Point - Introduced 01/20/12 - To Rules

31. By Del. White, Marcum and Varner - The “GMGC Bobby Lee Jarrell United States Navy Memorial Bridge” - Introduced 01/20/12 - To Rules 12

- Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

32. By Del. Caputo, Longstreth and Manchin - Erecting signs at either end of Quite Dell, Harrison County, that reads “Home of Hershel Woodrow ‘Woody’ Williams: United States Congressional Medal of Honor Recipient” - Introduced 01/20/12 - To Rules

33. By Del. Campbell, T. and Canterbury - Requesting that the “Certified Business Location” signs on roads that enter Greenbrier County be replaced with signs that read “Home of the Greenbrier – America’s Resort” - Introduced 01/20/12 - To Rules

34. By Del. Hamilton - The “Staff Sergeant Lesley Wayne Reed Memorial Bridge” - Introduced 01/23/12 - To Rules

35. By Del. Stowers and Butcher - The “Sergeant Larry W. Kinder Memorial Highway” - Introduced 01/23/12 - To Rules

36. By Del. Fleischauer, Miley, Brown, Caputo, Hunt, Pino, Overington and Sobonya - Amending Rule 5a of the Joint Rules relating to processing of bills authorizing the promulgation of legislative rules - Introduced 01/23/12 - To Rules

37. By Del. Barker, Rodighiero, Butcher and Stowers - The “PFC James J. Waters Memorial Bridge” - Introduced 01/25/12 - To Rules

38. By Del. Barker - The “Vietnam Veteran Highway, In Honor of Cpl. Robert Lee Fleck, Sgt. Nile Dean Shumate, Cpl. Dana Edward Nelson and Cpl. James Charles Crose” - Introduced 01/25/12 - To Rules

39. By Del. Sobonya, Miller, C., Reynolds, Stephens, Morgan and Craig - The “PFC Herbert B. Murphy Memorial Bridge” - Introduced 01/25/12 - To Rules

40. By Del. Hunt - The “Norbert E. Eagloski Memorial Bridge” - Introduced 01/26/12 - To Rules

41. By Del. Perdue, Mr. Speaker (Mr. Thompson) and Marcum - The “Sgt. Dewey Marcum Memorial Bridge”. - Introduced 01/26/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

42. By Del. Perdue and Mr. Speaker (Mr. Thompson) - The “Staff Sergeant Sidney H. Blankenship Memorial Bridge” - Introduced 01/26/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12 13

43. By Del. Pethtel - The “Ralph Ice Bridge” - Introduced 01/27/12 - To Rules

44. By Del. Armstead, Lane and Walters - The “Smith Brothers Memorial Bridge” - Introduced 01/30/12 - To Rules

45. By Del. Hartman and Campbell, D. - The “Sergeant Robert Dewey Thompson Memorial Bridge” - Introduced 01/30/12 - To Rules

46. By Del. Pethtel - The “Lt. Howard R. ‘Bob’ Crothers Memorial Bridge” - Introduced 01/31/12 - To Rules

47. By Del. Armstead, Nelson, Brown, Guthrie, Hatfield, Hunt, Lane, Poore, Skaff, Walters and Wells - Recognizing the positive impact that a cracker facility would have on job creation in Kanawha County and the State of West Virginia - Introduced 01/31/12 - To Rules

48. By Del. Fleischauer, Marshall, Barill, Longstreth, Manypenny, Manchin, Pethtel, Caputo and Pasdon - The “John W. Pyles Bridge” - Introduced 02/01/12 - To Rules

49. By Del. Wells - The “LTC Spencer J. Campbell Memorial Bridge” - Introduced 02/01/12 - To Rules

50. By Del. Michael - The “Captain John Hanson McNeill CSA Memorial Bridge” - Introduced 02/03/12 - To Rules

ALL HOUSE RESOLUTIONS OFFERED

1. By Mr. Speaker (Mr. Thompson) - Authorizing the appointment of employees for this, the Second Regular Session of Eightieth Legislature, 2012 - Introduced 01/11/12 - Reference dispensed - Adopted by House 1/11/12

2. By Mr. Speaker (Mr. Thompson) - Authorizing the Committee on Rules to arrange a Special Calendar and providing for making public the vote on certain questions in connection with the preparation thereof - Introduced 01/11/12 - Reference dispensed - Adopted by House 1/11/12

3. By Mr. Speaker (Mr. Thompson) - Authorizing printing and distribution of Acts of the Legislature and Journals of the House of Delegates - Introduced 01/11/12 - Reference dispensed - Adopted by House 1/11/12

4. By Del. Staggers and Phillips, L. - Designating January 12, 2012, as “Transportation Day at the Capitol” - Introduced 01/12/12 - Reference dispensed - Adopted by House 1/12/12

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5. By Del. Caputo, Longstreth and Manchin - Erecting signs at either end of Quite Dell, Harrison County, that reads “Home of Hershel Woodrow ‘Woody’ Williams: United States Congressional Medal of Honor Recipient” - Introduced 01/13/12 - To Rules

6. By Del. Brown, Guthrie, Hatfield, Hunt, Poore, Skaff, Wells, Armstead, Lane, Nelson and Walters - Recognizing the statewide contributions of the Clay Center for the Arts and Sciences of West Virginia - Introduced 01/17/12 - Reference dispensed - Adopted by House 1/17/12

7. By Del. Perdue, Hatfield, Boggs, Caputo, Morgan, Stephens, Staggers, Hall, Phillips, R., Ferns, Moye, Swartzmiller, Talbott, Butcher, Hartman, Azinger, Border, Householder and Storch - Designating January 18, 2012 as “Disability Advocacy Day” - Introduced 01/18/12 - Reference dispensed - Adopted by House 1/18/12

8. By Del. Poore, Poling, D., Mr. Speaker (Mr. Thompson), Barill, Barker, Boggs, Brown, Butcher, Campbell, D., Campbell, T., Cann, Caputo, Crosier, Doyle, Ellem, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hamilton, Hartman, Hatfield, Hunt, Iaquinta, Jones, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marcum, Marshall, Martin, Michael, Moore, Morgan, Moye, Paxton, Perdue, Perry, Phillips, L., Pino, Poling, M., Reynolds, Rodighiero, Staggers, Stephens, Stowers, Swartzmiller, Walker, Wells, White and Williams - Opposing the United States Supreme Court’s interpretation of the Constitution in Citizens United regarding the constitutional rights of corporations - Introduced 01/20/12 - To Rules

9. By Del. Nelson, Andes, Lane, Ashley, Storch, Anderson, Staggers, Hall, Skaff, Ferns and Hartman - Amending House Rule 94, relating to joint sponsors of bills - Introduced 01/23/12 - To Rules - Rejected 2/1/12

10. By Del. Cowles, Overington, Armstead, Border, Ellington, Gearheart, Householder, Howell, Lane, Miller, J., Nelson, Pasdon, Savilla, Sigler, Snuffer, Sobonya, Storch and Walters - Expressing the sense of the House that designating the observance of the last week in January 2012 as School Choice Week will increase awareness and understanding of the need for school choice - Introduced 01/25/12 - To Rules

11. By Del. Caputo, Boggs, Brown, Campbell, D., Campbell, T., Doyle, Ferro, Fleischauer, Fragale, Givens, Guthrie, Hall, Hartman, Hatfield, Jones, Manypenny, Miley, Paxton, Pethtel, Phillips, R., Poore, Reynolds, Shaver, Skaff, Smith, Swartzmiller, Walker, Wells, Azinger and Evans - Designating February 1, 2012 as “Community Action Day” - Introduced 02/01/12 - Reference dispensed - Adopted by House 2/1/12

12. By Del. Poore, Barker, Brown, Campbell, D., Diserio, Doyle, Ferns, Ferro, Fragale, Guthrie, Hamilton, Hartman, Hatfield, Iaquinta, Lawrence, 15

Manypenny, Marcum, Marshall, Martin, Moore, Morgan, Poling, D., Poling, M., Reynolds, Rodighiero, Skaff, Wells, Williams, Anderson, Armstead, Border, Canterbury, Carmichael, Ellem, Ellington, Gearheart, Lane, Nelson, Sigler and Storch - Recognizing Professional Social Workers on February 1, 2012 - Introduced 02/01/12 - Reference dispensed - Adopted by House 2/1/12

13. By Del. Gearheart, Ellington and Frazier - Celebrating the history and contributions of the Bluefield Coal Show to Mercer County and the West Virginia coal industry - Introduced 02/02/12 - To Rules

14. By Del. Duke, Cowles, Lane, Andes, Kump, Howell, Ashley, Ireland, Armstead, Sumner, Miller, C., Sobonya, Canterbury, Walters, Savilla, Carmichael, Ellem, Azinger, Evans, Storch, Householder, Nelson, Pasdon, Border, Overington, Miller, J., O’Neal, Snuffer, Gearheart, Sigler, Anderson, Rowan, Hamilton, Romine and Ellington - Amending the Rules of the House of Delegates, relating to removal of name as joint sponsor of a bill - Introduced 02/02/12 - To Rules

15. By Del. Lane - Amending the Rules of the House of Delegates, relating to requiring a Jobs Impact Statement be attached to proposed legislation affecting employment or taxes in the state - Introduced 02/02/12 - To Rules

16. By Del. Armstead, Cowles, Rowan, Pasdon, Sigler, Householder, Andes, Ashley, Miller, C., Sumner, Lane, Ellem, Romine, Savilla, Howell, Duke, Evans, Hamilton, Hartman, Sobonya, Gearheart, Ireland, Ellington, Carmichael, Anderson, Walters, Canterbury, Azinger, Border and Kump - Amending the Rules of the House of Delegates by recinding House Rule 84, relating to Committee Hearings, and adding thereto a new rule relating to public hearing on bills introduced - Introduced 02/03/12 - To Rules

HOUSE BILLS PASSED HOUSE AND COMMUNICATED TO SENATE

2402. By Del. Fleischauer, Caputo, Miley, Marshall, Poore, Wells and Talbott - Redefining the term “public record” as it is used in the Freedom of Information Act - Introduced 01/11/12 - To Judiciary - Passed House 1/18/12 - To Senate 1/19/12 - To Judiciary 1/19/12

*2521. By Del. Frazier - Eliminating the requirement of serving domestic violence orders by certified mail - Introduced 01/11/12 - To Judiciary - Passed House 1/18/12 - To Senate 1/19/12 - To Judiciary 1/19/12

*2533. By Del. Talbott, Hunt, Boggs, Varner, Shaver, Perry and Fleischauer - Requiring the identities of signatories to a certificate for a person seeking ballot access to be made public and verified - Introduced 01/11/12 16

- To Judiciary - Passed House 1/20/12 - To Senate 1/23/12 - To Judiciary 1/23/12

*3128. By Del. Frazier - Relating to filing a civil petition for expungement of records relating to an arrest - Introduced 01/11/12 - To Judiciary - Passed House 1/18/12 - To Senate 1/19/12 - To Judiciary 1/19/12

*4001. By Del. Morgan, Stephens, Hatfield, Hartman, Staggers and Talbott - Authorizing boards to establish fees by legislative rule - Introduced 01/12/12 - To Government Organization - Passed House 1/25/12 - To Senate 1/26/12 - To Government Organization 1/26/12

4002. By Del. Morgan, Stephens, Hatfield, Hartman, Staggers and Talbott - Relating to annual seminar requirements for professional licensing boards - Introduced 01/12/12 - To Government Organization - Passed House 1/25/12 - To Senate 1/26/12 - To Government Organization 1/26/12

*4003. By Del. Morgan, Stephens, Hatfield, Hartman, Householder, Staggers and Talbott - Clarifying the law governing the duties of professional licensing boards - Introduced 01/12/12 - To Government Organization - Passed House 1/25/12 - To Senate 1/26/12 - To Government Organization 1/26/12

*4046. By Del. Morgan, Swartzmiller, Hartman, Givens, Manypenny and Staggers - Repealing obsolete code provisions - Introduced 01/12/12 - To Government Organization then Judiciary - To House Judiciary 1/17/12 - Passed House 2/1/12 - To Senate 2/2/12 - To Government Organization 2/2/12

*4062. By Del. Williams, Campbell, D., Moye, Perdue, Pino, Stephens, Walker and Hamilton - Creating an in-home direct care workforce registry - Introduced 01/13/12 - To Senior Citizen Issues then Government Organization - 2nd reference dispensed - To House Finance 1/20/12 - Passed House 2/1/12 - To Senate 2/2/12 - To Finance then Judiciary - To Finance 2/2/12

4072. By Del. Poling, M. and Paxton - Eliminating requirement for county boards of education to meet on the first Monday of July - Introduced 01/13/12 - To Education - Passed House 1/20/12 - To Senate 1/23/12 - To Education 1/23/12

*4078. By Del. Poling, M., Paxton, Doyle, Fragale, Perry and Sumner - Extending certain deadlines for mandated actions regarding higher education personnel - Introduced 01/16/12 - To Education - Passed House 1/23/12 - Effect from passage - To Senate 1/24/12 - To Education 1/24/12 - Amended - On 3rd reading 2/6/12

17

*4086. By Mr. Speaker (Mr. Thompson) [By Request of the Executive] - Designating certain property as a qualified capital addition to a manufacturing facility - Introduced 01/17/12 - To Energy, Industry and Labor, Economic Development and Small Business then Finance - To House Finance 1/19/12 - Passed House 1/23/12 - Effective July 1, 2012 - To Senate 1/24/12 - To Finance 1/24/12 - Constitutional rule suspended - Passed Senate 1/25/12 - Effective July 1, 2012 - To Governor 1/25/12 - Approved by Governor 1/26/12

4097. By Del. Morgan, Doyle and Lawrence - Creating a license to practice hair styling - Introduced 01/17/12 - To Government Organization - Passed House 1/25/12 - To Senate 1/26/12 - To Government Organization 1/26/12

4103. By Del. Staggers, Phillips, L., Barker, Ferro, Guthrie and Cowles - Consolidating of government services and enforcement of laws pertaining to the motor carrier industry - Introduced 01/18/12 - To Roads and Transportation then Judiciary - To House Judiciary 1/19/12 - Passed House 2/1/12 - To Senate 2/2/12 - To Judiciary 2/2/12

*4107. By Del. Morgan, Stephens, Hatfield, Talbott, Martin, Hartman, Staggers, Azinger, Howell, Romine and Snuffer - Relating to volunteer firefighter training - Introduced 01/18/12 - To Government Organization - Passed House 1/30/12 - Effect from passage - To Senate 1/31/12 - To Government Organization 1/31/12

*4125. By Del. Poling, M., Paxton, Perry, Moye and Fragale - Correcting date for schools to send notice to parents alerting them to the existence of the school’s crisis response plan - Introduced 01/19/12 - To Education - Passed House 2/1/12 - To Senate 2/2/12 - To Education 2/2/12

*4238. By Del. Poore, Marshall, Fleischauer and Boggs - Establishing procedures for address confidentiality program participants on the special absentee voting list - Introduced 01/20/12 - To Judiciary - Passed House 1/27/12 - To Senate 1/30/12 - To Judiciary 1/30/12

*4250. By Del. Doyle, Rodighiero, Ferro, Frazier, Reynolds, Storch and Walters - Creating the Uniform Real Property Electronic Recording Act - Introduced 01/20/12 - To Judiciary then Finance - 2nd reference dispensed - Passed House 1/30/12 - To Senate 1/31/12 - To Interstate Cooperation then Judiciary - To Interstate Cooperation 1/31/12

4251. By Del. Doyle, Rodighiero, Ferro, Frazier, Reynolds and Storch - Relating generally to amendments to the uniform commercial code - Introduced 01/20/12 - To Judiciary then Finance - 2nd reference dispensed - Passed House 1/27/12 - To Senate 1/30/12 - To Interstate Cooperation then Judiciary - To Interstate Cooperation 1/30/12

18

4291. By Del. Miley, Frazier, Longstreth, Barill and Manchin - Relating to county law libraries established by the Supreme Court of Appeals - Introduced 01/25/12 - To Judiciary - Passed House 2/1/12 - To Senate 2/2/12 - To Judiciary 2/2/12

HOUSE CONCURRENT RESOLUTIONS COMMUNICATED TO SENATE

2. By Del. Phillips, R. - The “PVT Ervin L. Arnold Memorial Bridge” - Introduced 01/12/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

3. By Del. Phillips, R. - The “Warrant Officer Dale Shaheen Memorial Bridge” - Introduced 01/12/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

4. By Del. Phillips, R. - The “Gordon M. Sorrell Memorial Bridge” - Introduced 01/12/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

5. By Del. Phillips, R. - The “Adkins Brothers Memorial Road” - Introduced 01/12/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

11. By Del. Phillips, R., Stowers and Butcher - The “Cpl. Druey L. Hatfield Memorial Bridge” - Introduced 01/16/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

12. By Del. Phillips, R., Stowers and Butcher - The “Cpl. Robert F. Lohr Memorial Bridge” - Introduced 01/16/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

13. By Del. Phillips, R., Stowers and Butcher - The “Reverend Glenn White Jr. Bridge” - Introduced 01/16/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

14. By Del. Phillips, R., Stowers and Butcher - The “LCPL Danny M. Greene Memorial Bridge” - Introduced 01/16/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

17. By Del. Phillips, R., Stowers and Butcher - The “Chester William Fields Sr. Memorial Bridge” - Introduced 01/16/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

25. By Del. Guthrie, Wells, Hunt and Hatfield - The “Samuel L. ‘Monty’ Shelton Memorial Bridge” - Introduced 01/19/12 - To Rules - Adopted by 19

House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

27. By Del. White, Boggs, Marcum and Moore - Including West Virginia Route 80 in Mingo County as a Blue Star Memorial Highway - Introduced 01/19/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

31. By Del. White, Marcum and Varner - The “GMGC Bobby Lee Jarrell United States Navy Memorial Bridge” - Introduced 01/20/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

41. By Del. Perdue, Mr. Speaker (Mr. Thompson) and Marcum - The ‘’Sgt. Dewey Marcum Memorial Bridge’‘. - Introduced 01/26/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

42. By Del. Perdue and Mr. Speaker (Mr. Thompson) - The ‘’Staff Sergeant Sidney H. Blankenship Memorial Bridge’‘ - Introduced 01/26/12 - To Rules - Adopted by House 2/1/12 - To Senate 2/2/12 - To Transportation and Infrastructure 2/2/12

ALL SENATE BILLS PASSED BY SENATE AND COMMUNICATED TO HOUSE

*7. By Sen. Stollings, Jenkins, Miller, Plymale, Foster, Klempa and Kirkendoll - Relating to administration of Naloxone in suspected drug overdoses - Introduced 01/11/12 - To Health and Human Resources then Judiciary - Com. sub. reported 1/18/12 - To Judiciary 1/18/12 - Com. sub. for com. sub. reported 1/20/12 - Passed Senate 1/25/12 - To House 1/26/12 - To Health and Human Resources then Judiciary

30. By Sen. Beach and Klempa - Providing additional means to notify DMV of purchase of junked vehicle - Introduced 01/11/12 - To Transportation and Infrastructure - Passed Senate with amended title 1/23/12 - To House 1/24/12 - To Roads and Transportation then Judiciary

*31. By Sen. Beach and Klempa - Relating to voting precincts and standard receiving boards - Introduced 01/11/12 - To Judiciary then Finance - Com. sub. reported 1/27/12 - 2nd reference dispensed - Passed Senate 2/1/12 - To House 2/2/12 - To Judiciary then Finance

*96. By Sen. Sypolt and Williams - Redefining basis for disqualification of prospective jurors - Introduced 01/11/12 - To Judiciary - Com. sub. reported 1/17/12 - Passed Senate 1/23/12 - To House 1/24/12 - To Judiciary

20

*100. By Sen. Palumbo - Relating to fees collected by circuit court clerks - Introduced 01/11/12 - To Judiciary - Com. sub. reported 1/19/12 - Passed Senate 1/24/12 - To House 1/25/12 - To Judiciary

*108. By Sen. Jenkins, Plymale and Foster - Relating to requirements to serve as magistrate - Introduced 01/11/12 - To Judiciary - Com. sub. reported 1/26/12 - Rejected by Senate 1/31/12

*118. By Sen. Foster - Terminating residential lease upon tenant death - Introduced 01/11/12 - To Judiciary - Com. sub. reported 1/18/12 - Amended - Passed Senate 1/24/12 - To House 1/25/12 - To Judiciary

129. By Sen. Sypolt - Relating to descriptions of easements and rights-of-way - Introduced 01/11/12 - To Judiciary - Amended - Passed Senate with amended title 1/24/12 - Effective July 1, 2012 - To House 1/25/12 - To Judiciary

*161. By Sen. Foster, Palumbo, Klempa, Fanning, Unger, Kessler (Mr. President), Jenkins, Browning, Kirkendoll, Wills, Yost, Stollings and McCabe - Relating to mandatory reporting of child abuse and neglect - Introduced 01/12/12 - To Judiciary - Com. sub. reported 1/25/12 - Passed Senate 1/30/12 - To House 1/31/12 - To Judiciary

*165. By Sen. Laird, Tucker, Yost, Barnes, Plymale, Unger and Wills - Creating criminal offense of sexual contact on incarcerated persons by correctional employees - Introduced 01/12/12 - To Judiciary then Finance - Com. sub. reported 1/25/12 - 2nd reference dispensed - Passed Senate 1/30/12 - To House 1/31/12 - Reference dispensed - Amended - Passed House 2/2/12 - Title amended

*167. By Sen. Laird, Snyder, Browning, Nohe, Plymale, Miller and Wills - Authorizing counties and municipalities accept credit or check card as payment - Introduced 01/12/12 - To Government Organization - Com. sub. reported 1/27/12 - Passed Senate 2/1/12 - To House 2/2/12 - To Political Subdivisions then Judiciary

183. By Sen. Kessler (Mr. President), Unger, Foster and Stollings - Increasing penalties for assault and battery on athletic official - Introduced 01/13/12 - To Judiciary - Passed Senate 1/24/12 - To House 1/25/12 - To Judiciary

202. By Sen. Williams, K. Facemyer, Fanning, Helmick, Miller, Jenkins, Stollings and Wills - Permitting Division of Forestry to enter into stewardship contracts with U. S. Forest Service - Introduced 01/17/12 - To Natural Resources - Passed Senate 1/31/12 - To House 2/1/12 - To Government Organization then Judiciary

21

209. By Sen. Kessler (Mr. President) and Hall [By Request of the Executive] - Updating terms in Personal Income Tax Act - Introduced 01/17/12 - To Finance 1/17/12 - Passed Senate 1/30/12 - Effective from passage - To House 1/31/12 - To Finance

210. By Sen. Kessler (Mr. President) and Hall [By Request of the Executive] - Updating terms in Corporation Net Income Tax Act - Introduced 01/17/12 - To Finance 1/17/12 - Passed Senate 1/30/12 - Effective from passage - To House 1/31/12 - To Finance

*221. By Sen. Beach, Kessler (Mr. President), Miller and Stollings - Creating Jason Flatt Act of 2012 - Introduced 01/17/12 - To Education 1/17/12 - Com. sub. reported 1/25/12 - Passed Senate 1/30/12 - Effective July 1, 2012 - To House 1/31/12 - To Education then Finance

224. By Sen. Minard and Klempa - Renaming Division of Banking as Division of Financial Institutions - Introduced 01/17/12 - To Banking and Insurance then Government Organization - 2nd reference dispensed - Passed Senate 1/30/12 - Effective from passage - To House 1/31/12 - To Banking and Insurance then Judiciary - To House Judiciary 2/3/12

331. By Sen. Wills and Miller - Providing certain persons residing with crime victims prosecutorial notification and right to be heard at sentencing and parole proceedings - Introduced 01/18/12 - To Judiciary - Passed Senate 1/31/12 - To House 2/1/12 - To Judiciary

367. By Sen. Williams, Sypolt, Beach and Jenkins - Relating to liability of real property possessor for trespasser harm - Introduced 01/20/12 - To Judiciary - Passed Senate 2/1/12 - To House 2/2/12 - To Judiciary

*382. By Sen. Unger - Relating to sex offender registration - Introduced 01/23/12 - To Judiciary - Com. sub. reported 1/27/12 - Passed Senate 2/1/12 - To House 2/2/12 - To Judiciary

385. By Sen. Unger, Beach, Kessler (Mr. President), Klempa and Jenkins - Expanding definition of “computer” in commission of certain crimes - Introduced 01/23/12 - To Judiciary - Passed Senate 2/1/12 - To House 2/2/12 - To Judiciary

469. By Sen. Kessler (Mr. President) and Hall [By Request of the Executive] - Relating generally to other post-employment benefits - Introduced 01/31/12 - To Finance - Constitutional rule suspended - Passed Senate 2/1/12 - Effective from passage - To House 2/2/12 - To Finance 22

SENATE CONCURRENT RESOLUTIONS ADOPTED BY SENATE AND COMMUNICATED TO HOUSE

8. By Sen. Yost, Kessler (Mr. President), Unger, Klempa, Miller, Beach, Edgell and Laird - Requesting DOH name bridge at Wellsburg “Bernie Kazienko Memorial Bridge” - Introduced 01/20/12 - Adopted by Senate 1/31/12 - To House 2/1/12 - To Rules - To House Rules 2/1/12

10. By Sen. Chafin and Beach - Requesting DOH name bridge in Breeden, Mingo County, “Jacob & Ellen Vance Memorial Bridge” - Introduced 01/24/12 - Adopted by Senate 1/31/12 - To House 2/1/12 - To Rules - To House Rules 2/1/12

12. By Sen. Barnes, Helmick, Tucker, Unger, Kessler (Mr. President) and Klempa - Requesting DOH name bridge in Cassity, Randolph County, “Major Arnold James Zirkle Memorial Bridge” - Introduced 01/25/12 - Adopted by Senate 1/31/12 - To House 2/1/12 - To Rules - To House Rules 2/1/12

13. By Sen. Stollings, Unger, Kessler (Mr. President), Kirkendoll, Klempa and Beach - Requesting DOH name portion of Lincoln County Rt. 8 “Platoon Sergeant John C. Fitzwater Memorial Road” - Introduced 01/25/12 - Adopted by Senate 1/31/12 - To House 2/1/12 - To Rules - To House Rules 2/1/12

14. By Sen. Tucker, Barnes, Helmick, Unger, Kessler (Mr. President), Klempa and Beach - Requesting DOH name bridge in Nicholas County “Lee Tucker Memorial Bridge” - Introduced 01/25/12 - Adopted by Senate 1/31/12 - To House 2/1/12 - To Rules - To House Rules 2/1/12

15. By Sen. Laird, Miller, Wills, Unger, Klempa and Beach - Requesting DOH name portion of US Rt. 60 in Rainelle, Greenbrier County, “Major Jackie Willard Sanford Street” - Introduced 01/26/12 - Adopted by Senate 2/2/12 - To House 2/3/12 - To Rules - To House Rules 2/3/12

HOUSE BILLS PASSED LEGISLATURE

*4086. By Mr. Speaker (Mr. Thompson) [By Request of the Executive] - Designating certain property as a qualified capital addition to a manufacturing facility - Passed 1/25/2012; Effective July 1, 2012 - To Governor 1/25/12 - Approved by Governor 1/26/12

HOUSE CONCURRENT RESOLUTIONS ADOPTED BY BOTH HOUSES

1. By Mr. Speaker (Mr. Thompson) - Extending an invitation to his Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor - Adopted 1/11/12 23

SENATE CONCURRENT RESOLUTIONS ADOPTED BY BOTH HOUSES

1. By Sen. Chafin, Beach, Klempa and Stollings - Requesting DOH name bridge in Mingo County “Brittany Nicole Dentro Memorial Bridge” - Adopted 2/1/12

*2. By Sen. Beach, Klempa and Unger - Requesting DOH name bridge in Monongalia County “Colonel Zackquill Morgan Memorial Bridge” - Adopted 2/1/12

7. By Sen. Beach, Palumbo, Foster and Klempa - Requesting DOH name bridge in Clendenin, Kanawha County, “Smith Brothers Memorial Bridge” - Adopted 2/1/12

HOUSE CALENDAR

Monday, February 6, 2012

27TH LEGISLATIVE DAY

1:00 P. M.

THIRD READING

Com. Sub. for H. B. 4063 - Relating to civil service commissions in political subdivisions (MILEY) (REGULAR)

Com. Sub. for H. B. 4239 - Increasing the membership of the West Virginia Board of Osteopathy (MORGAN) (EFFECTIVE FROM PASSAGE)

H. B. 4314 - Relating to the appointment of magistrates (MILEY) (REGULAR)

H. B. 4320 - Relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements (MILEY) (REGULAR)

FIRST READING

H. B. 4271 - Reporting requirements for residential mortgage lenders and broker licensees (MOORE) (REGULAR)

Com. Sub. for H. B. 4356 - Creating the misdemeanor offense for child neglect resulting in a substantial risk of bodily injury (Original similar to S. B. 456) (MILEY) (REGULAR) COMMITTEE MEETINGS

Monday, February 6, 2012

House Convenes at 1:00 p.m.

‚

REPUBLICAN CAUCUS ROOM 252 12:00 P.M.

EDUCATION ROOM 434-M 2:00 P.M.

JUDICIARY ROOM 418-M 2:00 P.M.

HEALTH AND HUMAN RESOURCES ROOM 215-E 4:00 P.M.

FINANCE ROOM 464-M I MMEDIATELY FOLLOWING FLOOR SESSION The Order of Business, list of precedence of motions and required votes listed on these two pages are published to facilitate your par- ticipation in and following of the floor sessions of the House of Del- egates.

Gregory M. Gray Clerk of the House

ORDER OF BUSINESS

Rule 65. The daily order of business shall be as follows: I. To read, correct, and approve the Journal. II. Introduction of guests. III. To receive and consider reports of standing commit- tees. IV. To receive and consider reports of select committee. V. To receive and consider messages from the Executive, state officials, and other communications and remon- strances. VI. To receive messages from the Senate, and consider amendments proposed by the Senate to bills passed by the House. VII. To receive (a) resolutions, (b) petitions, (c) motions. VIII. Bills introduced on motion for leave and referred to appropriate committees. IX. To act on unfinished business of the preceding day, and resolutions lying over from previous day, but no reso- lution shall lose its place on the calendar by not being acted upon on the day following that on which it was offered. X. House and Senate Bills on third reading. XI. House and Senate Bills on second reading. XII. House and Senate Bills on first reading. XIII. To act upon leave of absence for members. XIV. Remarks of members of the House. XV. Miscellaneous Business. Item XIV, Remarks of members of the House, shall not be operative after the forty-seventh day of the session. PRECEDENCE OF MOTIONS

1. To adjourn. 2. To lay on the table. 3. For the previous question. 4. To postpone to a day certain. 5. To go into a Committee of the Whole on the Pending Question. 6. To Commit to a Committee of the Whole. 7. To Commit to a Standing Committee. 8. To Commit to a Select Committee. 9. To Amend. [A motion to amend by striking out the enacting clause takes precedence over another motion to amend.] 10. To Postpone indefinitely.

MOTIONS NOT DEBATABLE NOR AMENDABLE

1. To adjourn. 2. To fix the time of adjournment. 3. To lay on the table. 4. For the previous question. 5. To dispense with Constitutional rule requiring bills to be read on three several days. 6. To recess.

REQUIRED VOTES TO DISPENSE WITH CONSTITUTIONAL RULE requir- ing a bill to be read on three several days requires a four-fifths vote by yeas and nays of all members present. [Const., Art. 6, Sec. 29.] TO MAKE A BILL EFFECTIVE FROM PASSAGE or at some time other than ninety days from passage, required a two-thirds vote (67) by yeas and nays of all members elected. [Const., Art. 6, Sec. 30.] YEA AND NAY VOTE may be demanded by one-tenth of members present. [Rule 42.] AN APPEAL FROM THE DECISION OF THE CHAIR may be demanded by 10 members. [Rule 6.] MOTION FOR PREVIOUS QUESTION must be sustained by 10 members. [Rule 63.] HOUSE OF DELEGATES GREGORY M. GRAY, Clerk Building 1, Room M-212 1900 Kanawha Blvd., East Charleston, WV 25305-0470