hdj2012-1-13-03
__________*__________
Friday, January 13, 2012
THIRD DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, January 12, 2012, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4015, Creating the Herbert Henderson Office of Minority Affairs,
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. 4015) 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. 2521, Eliminating the requirement of serving domestic violence orders by certified
mail,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2521 - "A Bill to amend and reenact §48-27-311 and §48-27-701 of
the Code of West Virginia, 1931, as amended, relating to prevention and treatment of domestic
violence generally; eliminating the requirement of serving domestic violence orders by certified mail
where personal service fails; authorizing fee to law enforcement for service of process; and clarifying
that personal service must be attempted at every address for respondent provided by petitioner,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2402, Redefining the term "public record" as it is used in the Freedom of Information
Act,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3128, Relating to filing a civil petition for expungement of records relating to an arrest,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3128 - "A Bill to amend and reenact §61-11-25 of the Code of West
Virginia, 1931, as amended, relating to filing a civil petition for expungement of records relating to
an arrest or charges relating to the arrest when found not guilty of the offense or charges have been
dismissed; and providing that no filing fees or costs be charged for processing the action,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3132, Requiring a judge's permission before a juror's information can be released,
And reports the same back with the recommendation that it do pass.
Resolutions Introduced
Delegates Frazier, Ellington and Gearheart offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 8 - "Requesting the Division of Highways to designate the interchange of Interstate
77 and U.S. Route 460 in Princeton, West Virginia the 'All-American Rod Thorn Interchange'."
Whereas, Rod Thorn, the son of Joe and Jackie Thorn, was raised in Princeton and
graduated from Princeton High School in 1959; and
Whereas, Rod Thorn played baseball and basketball at Princeton High School for four years, and while under the tutelage of basketball coach William "Buster" Brown, was named to the West
Virginia All-State Basketball team his sophomore, junior and senior years; and
Whereas, Rod Thorn was heavily recruited by many of the top college basketball programs
in the country, but chose to stay home and play for West Virginia University; and
Whereas, Rod Thorn was a baseball and basketball standout at WVU from 1961-1963, and
played on three NCAA baseball and two NCAA basketball teams. In 1963 Rod was named the
Southern Conference Athlete of the Year. In basketball, Rod scored 1785 career points and led the
Mountaineers in scoring, rebounding, shooting percentage and assists while earning All-America
honors from the Helms Foundation, Look, Coach and Athlete and Converse; and
Whereas, Rod Thorn was the second player selected overall in the 1963 NBA draft by the
Baltimore Bullets and was named to the NBA All-Rookie Team his first year with the Bullets. Rod
went on to play with Detroit, St. Louis and Seattle during a career that spanned eight years; and
Whereas, After finishing his playing career in 1971, Rod Thorn stayed with the Seattle
Supersonics as an assistant coach under head coach Lenny Wilkens. In 1973, Rod became an
assistant coach of the New York Nets of the American Basketball Association, and helped the Nets,
who were led by Julius Erving, to win the 1974 ABA championship. Rod also served as head coach
of the ABA St. Louis Spirits in 1975 and was an assistant coach with the Nets when they moved to
the NBA in 1976; and
Whereas, In 1978, Rod Thorn began a seven year stint as general manager of the Chicago
Bulls and he was instrumental in the team's selection of Michael Jordan in the 1984 draft. During
his tenure with Chicago, Rod as served as interim head coach for thirty games in 1982; and
Whereas, From 1986 to 2000 Rod Thorn was the NBA's Executive Vice President of Basketball Operations, where he oversaw all on-court operations, including officiating, game
conduct and discipline; and
Whereas, In 2000 Rod Thorn became President of the New Jersey Nets and was named the
NBA Executive of the Year in 2002 after the Nets advanced to the NBA Finals for the first time in
franchise history. In 2010 Rod Thorn became President of the Philadelphia 76ers NBA team after
serving with the Nets organization the previous ten years; and
Whereas, Rod Thorn has an honorary degree from West Virginia University and served on
the WVU Board of Directors for five years. Rod also has a degree from the University of
Washington that he completed while coaching with the Seattle Supersonics; and
Whereas, Rod Thorn was inducted into the West Virginia University Sports Hall of Fame
in 1992; and
Whereas, Rod and his wife, Peggy, have a son, Jonathan, and twin daughters, Amanda and
Jessica; and
Whereas, Throughout his storied career, Rod Thorn has remained a loyal West Virginian
who has continued his close ties with West Virginia University, the City of Princeton and the State
of West Virginia; and
Whereas, It is only fitting and proper that Rod Thorn's good works and important
contributions to the game of basketball, to West Virginia University, the City of Princeton and the
State of West Virginia be so honored and remembered; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to designate the interchange of Interstate
77 and U.S. Route 460 in Princeton, West Virginia the "All-American Rod Thorn Interchange"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs or other appropriate markers, identifying the interchange as the "All-American Rod Thorn
Interchange"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to Rod Thorn and his family, and the Secretary of the Department of Transportation.
Delegates Iaquinta, Fleischauer, Jones, Longstreth, Stephens, Walker and Azinger offered
the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 9 - "Requesting the Joint Committee on Government and Finance to continue
studying the needs, challenges, and issues facing West Virginia military veterans, West Virginia
citizens serving in the Armed Forces of the United States, the West Virginia National Guard and
other military affairs of the State of West Virginia."
Whereas, The State of West Virginia has a proud heritage of military service members,
veterans and military family members; and
Whereas, West Virginia is home to more military service members and veterans per capita
than any other state in the nation; and
Whereas, The West Virginia National Guard is continuously above service and
preparedness strength, has been repeatedly recognized as one of the top forces in the country, and,
its members are nationally renowned for their professionalism, courage and commitment to duty; and
Whereas, Department of Defense projections indicate that most troops deployed to Iraq will
return by the end of 2011 and from Afghanistan by 2012, which will result in an abrupt increase of
troops returning to civilian life facing unprecedented readjustment
challenges; and
Whereas, Additionally, aging veterans of previous conflicts are facing worsening problems
as they enter their retirement years; and
Whereas, The Legislature finds that it should take an active role in studying, formulating
and implementing resources and programs that support West Virginia citizens serving in the Armed
Forces of the United States, the West Virginia National Guard as well as veterans of military service
to better assist them and their family members in getting the care, services and opportunities that they
have earned and deserve; and
Whereas, The Select Committee on Veterans Affairs has a demonstrated history of initiating
legislation promoting and facilitating the establishment of programs to assist returning veterans,
including, but not limited to, the veteran friendly campus legislation as well as legislation to establish
a program for veteran friendly communities and continues to monitor the implementation and
development of such programs; and
Whereas, Because of the state's consistent resident and citizen support of the nation's armed
forces and the West Virginia National Guard, the Legislature of West Virginia should continue to
receive input on and develop measures on a continuing basis during interim periods in order to
provide the best available educational, vocational, social and medical support services for our state's
military personnel and veterans that it can; and
Whereas, The interim Select Committee on Veterans Affairs provides the Legislature a
means to continuously monitor and develop various programs and resources to assist our state's
military personnel and military veterans; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to continue to
conduct a study of the needs, challenges and issues facing West Virginia military veterans, West
Virginia citizens serving in the Armed Forces of the United States, the West Virginia National Guard
and other military affairs of the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature, on the first day of the regular session, 2013, on its findings, conclusions and
recommendations together with drafts of any legislation to effectuate its recommendations; and, be
it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Williams, D. Campbell, Moye, Perdue, Pino, Stephens, Walker and Hamilton
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 10 - "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."
Whereas, According to the Alzheimer's Association, 44,000 West Virginians over 65 have
Alzheimer's and 4,000 individuals under 65 have younger-onset Alzheimer's; and
Whereas, The number of West Virginians with Alzheimer's is expected to rise dramatically
as the state's 500,000 baby boomers enter the age period at the greatest risk for developing the
disease; and
Whereas, The Make a Plan for Alzheimer's initiative was created to develop a long-term plan to address Alzheimer's disease in West Virginia; and
Whereas, The present and future impact of Alzheimer's disease and related dementias in
West Virginia demands the implementation of solutions directed at improving quality of care; the
training and awareness of healthcare providers, families and the public; and fostering research into
all aspects of the disease; and
Whereas, These recommendations will provide more information regarding Alzheimer's
disease to patients, families, caregivers, the medical community and policymakers; expand care and
improve the quality of care available to Alzheimer's patients; and equip families and health care
workers with the training, tools and resources they need to better care for individuals living with
Alzheimer's; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature supports the recommendations of the West Virginia
Partnership for Elder Living's Make a Plan for Alzheimer's Final Report and Recommendations;
and, be it
Further Resolved, That the West Virginia Legislature will work to adopt legislation to
support and appropriate funding to implement the recommendations included in the Make a Plan for
Alzheimer's Final Report and Recommendations.
By Delegates Doyle, Nelson, T. Campbell, Gearheart, Michael, Storch, Lawrence,
Snuffer, Hartman, Pasdon and R. Phillips:
H. J. R. 104 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section nine, article VI thereof, relating to permitting the creation of single member
delegate districts any time before the national 2020 census; permitting a district to contain fewer members, if it is presently a multiple member district, than it currently has anytime before the 2020
census; requiring single delegate member districts following the 2020 census; numbering and
designating such proposed amendment; and providing a summarized statement of the purpose of
such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Delegates Caputo, Longstreth and Manchin offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. R. 5 - "Requesting the Division of Highways to erect signage at each end of Quiet Dell,
Harrison County, West Virginia, on Route 310, that states 'Home of Hershel Woodrow "Woody"
Williams: United States Congressional Medal of Honor Recipient'."
Whereas, Hershel Woodrow "Woody" Williams was born on October 2, 1923, in Fairmont,
West Virginia, growing up on a dairy farm in nearby Quiet Dell, Harrison County; and
Whereas, Hershel Woodrow "Woody" Williams enlisted in the Marine Corps Reserve in
Charleston, West Virginia, on May 26, 1943, and eventually trained as a demolition man and in the
use of flame throwers; and
Whereas, During July and August 1944, Williams participated in action against the
Japanese at Guam; and
Whereas, Williams next tour of duty was at Iwo Jima where he distinguished himself with
action for which he would be awarded the Medal of Honor; and
Whereas, Williams, now a corporal, landed on Iwo Jima on February 21, 1945, and two
days later, when American tanks were trying to open a lane for infantry and encountered a network
of reinforced pillboxes, buried mines and black volcanic sands, Williams went forward alone with
his 70-pound flame thrower in an attempt to reduce the devastating machine-gun fire from the unyielding positions; and
Whereas, Covered by only four riflemen, Williams fought desperately for hours under
terrific enemy small-arms fire, repeatedly returning to his own lines to prepare demolition charges
and to obtain serviced flame throwers; and
Whereas, Following each return to his own lines, Williams struggled back, frequently to the
rear of hostile emplacements, to wipe out one position after another; and
Whereas, On one occasion, Williams daringly mounted a pillbox to insert the nozzle of his
flame thrower through the air vent, extinguishing the occupants and silencing the gun; and
Whereas, On another occasion, Williams grimly charged enemy riflemen who attempted
to stop him with bayonets, destroying them with a burst of flame from his weapon; and
Whereas, Williams unyielding determination and extraordinary heroism in the face of
ruthless enemy resistance were directly instrumental in neutralizing one of the most fanatically
defended Japanese strong points encountered by his regiment and aided in enabling his company to
reach its objective; and
Whereas, Williams, on March 6, 1945, was wounded on Iwo Jima and received the Purple
Heart; and
Whereas, On October 5, 1945, the President of the United States, Harry S. Truman,
presented the Medal of Honor to Williams for "conspicuous gallantry and intrepidity at the risk of
his life above and beyond the call of duty as Demolition Sergeant serving with the First Battalion,
Twenty-First Marines, Third Marine Division, in action against enemy Japanese forces on Iwo Jima,
Volcano Island, 23 February 1945"; and
Whereas, Williams retired from the Marine Corps Reserve in 1969 after approximately 17 years of service; and
Whereas, Williams served as chaplain of the Congressional Medal of Honor Society for 35
years; and
Whereas, Williams received the West Virginia's Distinguished Service Medal in 1965 and
the Veteran's Administration Vietnam Service Medal in 1967 for service as a civilian counselor to
the Armed Forces; and
Whereas, The West Virginia National Guard Armory at Fairmont, West Virginia, a bridge
at Barboursville, West Virginia, and an athletic field at Huntington, West Virginia, are named in his
honor; and
Whereas, Williams was selected for the City of Huntington Foundations's "Wall of Fame"
in 1999; and
Whereas, In addition to his many military related activities, Williams was active in his
church and community and operated a boarding and training barn for horses at Ona, West Virginia,
with his wife, Ruby, and grandson for twenty-seven years; and
Whereas, Williams' aggressive fighting spirit and continuing valiant devotion to duty has
not gone unnoticed by the President of the United States and several other organizations and should
not go unnoticed by this House; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to cause to have made and be erected
signage at either end of Quiet Dell, Harrison County, West Virginia, on Route 310, that states "Home
of Hershel Woodrow "Woody" Williams: United States Congressional Medal of Honor Recipient";
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, to Hershel Woodrow "Woody"
Williams and to Mayor Sandra Hulsea.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Marshall, Longstreth, Lane, Moore, Hamilton, Hunt, Staggers and
Ellington:
H. B. 4048 - "A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as
amended; to amend and reenact §49-6-3 of said code; and to amend and reenact §61-8D-3, all
relating to conduct and circumstances of child abuse; creating crime and criminal penalties for drug
and alcohol abuse during pregnancy resulting in diagnosed harm to infant"; to the Committee on the
Judiciary then Finance.
By Delegates White and Boggs:
H. B. 4049 - "A Bill to amend and reenact §22-1-7 of the Code of West Virginia, 1931, as
amended, relating to requiring the Department of Environmental Protection to maintain an Office
of Internal Auditing"; to the Committee on Finance.
By Delegate Frazier:
H. B. 4050 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931,
as amended, relating to authorizing a court to require a person convicted of driving under the
influence of alcohol, a controlled substance or other drug to remove litter from the public roads,
public playgrounds, public parks or other appropriate locations while wearing clothing emblazoned with "I Am a Drunk Driver"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Michael:
H. B. 4051 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-6-22a, relating to establishing the right to control the
disposition of the remains of a deceased person; determining who has that right; setting forth how
that right may be forfeited; setting forth the role of the county commission; and limiting the liability
of funeral homes"; to the Committee on the Judiciary.
By Delegates Craig, Morgan, C. Miller and Sobonya:
H. B. 4052 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-3-59, relating to crimes against property involving graffiti;
imposing liability on parent or legal guardian of a person under eighteen for violations; requiring
driver's license restrictions; authorizing a court to require restitution; providing criminal and civil
penalties; and authorizing property owners to initiate civil actions to recover damages"; to the
Committee on the Judiciary then Finance.
By Delegates Brown, Poore, Fleischauer, Guthrie, Moore, Frazier, Sobonya and L.
Phillips:
H. B. 4053 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-44-1; to amend and reenact §30-29-3 of said code; to amend
and reenact §61-2-14 and §61-2-14a of said code; and to amend and reenact §61-8-6 of said code,
all relating to abduction, kidnapping and human trafficking; requiring the Department of Health and
Human Resources to develop a plan for the delivery of services to victims of human trafficking;
setting forth what the plan shall contain; authorizing the Governor's Committee on Crime, Delinquency and Correction to establish standards governing training to effectively investigate
human trafficking offenses and procedures for implementation of a course in investigation of human
trafficking offenses; making it a felony to take away a child under eighteen for purposes of
prostitution; adding instances that constitute the crime of kidnaping; defining terms; providing rule-
making authority; and increasing penalties"; to the Committee on the Judiciary then Finance.
By Delegates M. Poling, Perry, Shaver, Smith and D. Campbell:
H. B. 4054 - "A Bill to amend and reenact §18-9A-9 of the Code of West Virginia, 1931,
as amended, relating to changing how the public school support foundation allowance for current
expense and substitute employees is determined; basing a county's foundation allowance on state-
wide operation and maintenance costs; and adjusting that allowance for net student population and
county density"; to the Committee on Education then Finance.
By Delegates M. Poling, Perry, Shaver, Moye, Smith, Lawrence and Paxton:
H. B. 4055 - "A Bill to amend and reenact §18C-4-2 of the Code of West Virginia, 1931,
as amended, relating to creating a separate category within the Underwood-Smith Teacher
Scholarship Program for scholarships and loan repayment assistance for teaching in high demand
teaching fields; application of other provisions of article; limitations on eligibility; definitions;
scholarship and grant agreements terms; application of other benefits available; application for
repayment assistance; preferences for awards; residency requirements; program promotion; and
providing for listings of certain job postings to be made available to recipients and appropriate job
placement offices"; to the Committee on Education then Finance.
By Delegates Perry, Skaff and Morgan:
H. B. 4056 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to making it a felony to disarm or attempt to disarm correctional officers"; to the
Committee on the Judiciary then Finance.
By Delegates Perry, Skaff, Morgan and Ellem:
H. B. 4057 - "A Bill to amend and reenact §25-1A-6 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §25-1A-6a, all
relating to sanctions imposed against prisoners for filing certain frivolous, malicious or harassing
litigation and unmerited administrative complaints; and relating to sanctions imposed against
prisoners for filing certain frivolous malicious or harassing litigation against licensed professionals
providing services to the state and inmate population"; to the Committee on the Judiciary.
By Delegates Mahan, Barker, Fleischauer, L. Phillips and R. Phillips:
H. B. 4058 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-6-29, relating to the creation of an equal pay coordinator
within the Division of Personnel to ensure pay equity among state employees; making legislative
findings; providing qualifications for the position; providing powers and duties of coordinator;
providing for the development of a strategic plan to ensure pay equity in state government;
authorizing other agencies to share necessary information with the coordinator; and providing rule-
making authority"; to the Committee on Government Organization then Finance.
By Delegates Ferro, Varner, Cann, Skaff, Williams, Pethtel, T. Campbell, Craig, White,
Iaquinta and Stowers:
H. B. 4059 - "A Bill to amend and reenact §18B-10-7 of the Code of West Virginia, 1931,
as amended, relating to educational benefits for dependents of deceased or disabled veterans"; to the
Committee on Education then Finance.
By Delegates Perry, Skaff, Morgan and Ellem:
H. B. 4060 - "A Bill to amend and reenact §61-8B-10 of the Code of West Virginia, 1931,
as amended, relating to imposition of sexual intercourse or sexual intrusion on incarcerated persons;
sexual abuse by employees of the Division of Corrections, Division of Juvenile Services and the
Regional Jail and Correctional Facility Authority on incarcerated persons; penalties"; to the
Committee on the Judiciary then Finance.
By Delegates Frazier, Miley, Barker, Manypenny, Michael, Moore, Skaff, Ellem, Lane
and C. Miller:
H. B. 4061 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §25-1-23, relating to the construction of a new one thousand two
hundred bed correctional facility by the Division of Corrections"; to the Committee on the Judiciary.
By Delegates Williams, D. Campbell, Moye, Perdue, Pino, Stephens, Walker and
Hamilton:
H. B. 4062 - "A Bill to amend and reenact §16-5P-6 of the Code of West Virginia, 1931, as
amended, relating to clarifying the duties of the Commissioner of the Bureau of Senior Services as
executive and administrative head of the Bureau of Senior Services; requiring the Bureau for Senior
Services to develop and maintain an in-home direct care worker registry"; to the Committee on
Senior Citizen Issues then Government Organization.
By Delegates Hamilton, L. Phillips, Crosier, D. Poling, D. Campbell, M. Poling,
Iaquinta, Ireland, O'Neal, Lane and Ellem:
H. B. 4063 - "A Bill to amend and reenact §7-14-3 of the Code of West Virginia, 1931, as
amended; to amend and reenact §7-14B-3 of said code; to amend and reenact §8-14-7 of said code; and to amend and reenact §8-15-12 of said code, all relating to civil service commissions in political
subdivisions; qualifications of members; restrictions and disqualifications from membership on
commissions; updating the provisions; and stylistic changes"; to the Committee on Political
Subdivisions then the Judiciary.
By Delegates Shaver, Duke and Butcher:
H. B. 4064 - "A Bill to amend and reenact §5A-1A-4 of the Code of West Virginia, 1931,
as amended, relating to increasing the maximum cash award the Employee Suggestion Award Board
may make; requiring the board to report to the Legislature every five years regarding effect of
inflation; and allowing the Governor to make a secondary award for suggestions if the suggestion
is implemented in one or more additional state agencies"; to the Committee on Finance.
By Delegate Pino:
H. B. 4065 - "A Bill to amend and reenact §49-6A-1, §49-6A-2, §49-6A-8 and §49-6A-10
of the Code of West Virginia, 1931, as amended, all relating to reporting suspected child abuse
and neglect, increased penalties for failure to report, and educational programs for reporting and
preventing child abuse or neglect"; to the Committee on the Judiciary.
By Delegate Manypenny:
H. B. 4066 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §22-6-25a; and to amend said code by adding thereto a new
section, designated §22-6A-12a, all relating to ground water contamination and spills associated
with the stimulation of wells using the fracking process; disclosure to public, private water
sources and public service districts; nonsealing of court records; and rulemaking"; to the
Committee on the Judiciary.
By Delegate Manypenny:
H. B. 4067 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §22-26-8a, relating to requiring a driller or owner of a natural
gas well who contaminates a groundwater aquifer to remediate the aquifer with the best
available technology until it meets the standards of the Clean Water Act"; to the Committee on
the Judiciary.
By Delegates D. Poling, Longstreth, Ellem, Morgan, Hamilton, Evans and Frazier:
H. B. 4068 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-1C-5c, relating to fair and equitable property valuation;
and providing that antique motor vehicles be valued at their salvage value for personal property
tax purposes"; to the Committee on Roads and Transportation then Finance.
By Delegates Swartzmiller, Manypenny, Ferro, White, Miley, Manchin and Boggs:
H. B. 4069 - "A Bill to amend and reenact §47-21-2 and §47-21-20 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§47-21-19a, all relating to charitable raffles; and allowing certain fraternal societies and
veteran's organizations to use electronic or mechanical raffle devices to conduct raffles"; to the
Committee on the Judiciary then Finance.
By Delegates M. Poling and Guthrie
[By Request of the Division of Rehabilitation Services]:
H. B. 4070 - "A Bill to amend and reenact §18-10A-2a of the Code of West Virginia,
1931, as amended, relating to basing county salary supplement equivalent pay rate for division
of rehabilitation teachers on supplement of county where division administrative headquarters are located"; to the Committee on Education then Finance.
By Delegates Moye, Perry, Williams, Perdue, Staggers, T. Campbell and Hamilton:
H. B. 4071 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia,
1931, as amended, relating to increasing the maximum personal income tax exemption for
persons over the age of sixty-five and for persons who are totally disabled"; to the Committee
on Finance.
By Delegates M. Poling and Paxton:
H. B. 4072 - "A Bill to amend and reenact §18-5-4 of the Code of West Virginia, 1931,
as amended, relating to eliminating requirement for county boards of education to meet on the
first Monday of July in years in which there is not a biennial primary election"; to the
Committee on Education.
By Delegates M. Poling, Paxton, Perry, Shaver, Stowers and Williams:
H. B. 4073 - "A Bill to amend and reenact §18-2-26 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §18-5-4 of said code, all relating to increasing the amount
of compensation a member of a county board of education may receive for attending certain
meetings; increasing by $100 the amount a board member may receive for attending regional
education council meetings if he or she also serves on that council; increasing by $40 the amount
board members may receive for each board meeting attended; permitting board members to also
be compensated at the same rate for other specific meetings attended; establishing a maximum
number of compensable meetings; and permitting board members to be compensated for
attending a maximum of six days of approved training classes"; to the Committee on Education
then Finance.
By Delegates Guthrie, Poore, Brown, Staggers, Miley, Manchin, Fragale, Mahan,
Longstreth, Marshall and L. Phillips:
H. B. 4074 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §8-18-1a; and to amend said code by adding thereto a new
section, designated §17-4-36a, all relating to bicycle, pedestrian and transit ways given full
consideration in the planning, development and redevelopment of state roads, railways and
waterways"; to the Committee on Roads and Transportation then Finance.
By Delegates Guthrie, Staggers, L. Phillips, Miley, Manchin, Fragale, Brown,
Marshall, Mahan, Poore and Longstreth:
H. B. 4075 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17C-14-15, relating to establishing the reckless driving
offense of unlawful use of a wireless communication device while operating a motor vehicle on
a street or highway; providing exceptions and conditions for certain lawful uses; definitions; and
misdemeanor criminal penalties equal to reckless driving penalties"; to the Committee on Roads
and Transportation then the Judiciary.
At 11:09 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, January 16,
2012.