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 n 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.