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Wednesday, February 12, 2014

THIRTY-SIXTH DAY

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

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Timothy R. Miley, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Tuesday, February 11, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            Delegate White moved that the applicable provisions of House Rule 136, relating to privileges of the floor, be suspended for the day to extend privileges of the floor to invited guests for presentations by the House.

            At the request of Delegate White, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing a resolution.

Resolutions Introduced

            Delegates R. Smith and Williams offered the following resolution, which was read by the Clerk as follows:

            H. C. R. 87 - “Requesting the Division of Highways to name bridge number 39-7-26.83 (39A194), commonly known as the Corinth Railroad Overpass, located 0.19 miles west of County Route 98 on Route 7 in Corinth, Preston County, the ‘Army Sgt. Everett Wayne “Bud” Sell Memorial Bridge’.”

            Whereas, Sgt. Everett Wayne “Bud” Sell was born on April 25, 1925, in Horse Shoe Run, West Virginia, the fourth of seven children of Charles Raymond and Ina Pearl Root Sell, and a brother to Carl, Don, Evelyn, Louise, Norma and Sue; and

            Whereas, At an early age Sgt. Everett Wayne “Bud” Sell moved to Hopemont, West Virginia with his family. This is where Sergeant Sell learned the value of hard work while assisting his father with various jobs on the state farm located there; and

            Whereas, Sgt. Everett Wayne “Bud” Sell graduated from Terra Alta High School in 1943 where he was an above average student and exceptional athlete. Sergeant Sell excelled in football and was a member of an undefeated and unscored upon team; and

            Whereas, Upon graduating from high school, Sgt. Everett Wayne “Bud” Sell enlisted in the U. S. Army Air Force and in February 1944 he enrolled in gunnery school at Drew Field, Florida. After completing six months training, Sergeant Sell left for Europe and the War in July 1944 and he was stationed at Celine Army Air Base near Foggia, Italy, a member of the 773^rd Bombardment Squadron; and

            Whereas, Sgt. Everett Wayne “Bud” Sell participated in his first combat mission on August 17, 1944 as left waist gunner aboard the “Holey Joe”. Sergeant Sell completed two more successful missions with his crew mates on two different planes; and

            Whereas, On August 23, 1944, during Sgt. Everett Wayne “Bud” Sell’s fourth mission, his plane sustained damage and lost an engine on the right side, making it difficult for the aircraft to keep altitude. The crew was ordered to jettison as much equipment as possible from the plane. Fire then erupted in the lower ball turret. According to reports of his surviving crew members, Sergeant Sell attempted to dislodge the turret so as to eliminate any further damage to the plane and his crew by the fire; and

            Whereas, In his attempts to force the turret out, Sgt. Everett Wayne “Bud” Sell became entangled and was lost when it finally came free; and

            Whereas, The remains of Sgt. Everett Wayne “Bud” Sell have never been found although attempts to do so continue to this day; and

            Whereas, The name of Sgt. Everett Wayne “Bud” Sell is listed on the America Memorial located just outside Rome, Italy; and

            Whereas, It is fitting and proper, that Sgt. Everett Wayne “Bud” Sell be remembered and acknowledged for his courageous action and dedicated service to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 39-7-26.83 (39A194), commonly known as the Corinth Railroad Overpass, located 0.19 miles west of County Route 98 on Route 7 in Corinth, Preston County, the “Army Sgt. Everett Wayne ‘Bud’ Sell Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army Sgt. Everett Wayne ‘Bud’ Sell 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 surviving family of Army Sgt. Everett Wayne “Bud” Sell.

            At the request of Delegate White, and by unanimous consent, reference of the resolution (H. C. R. 87) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Committee Reports

            Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. C. R. 2, The “USMC CPL Larry G. Carnutte Memorial Bridge”,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 2 - “Requesting the Division of Highways to rename the Switzer Beam Span over Island Creek on State Route 44, near Switzer, Logan County, bridge number 23-44-12.61 (23A111), in District 2, the ‘USMC CPL Larry G. Curnutte Memorial Bridge’,”

            H. C. R. 3, The “Army Captain Thomas McElwain Memorial Bridge”,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 3 - “Requesting that bridge number 23-110/20-0.23 (23A289) located on County Route 110/20 in Logan, West Virginia, crossing the side channel of the Guyandotte River and locally known as the Logan High School Bridge, the ‘Army Major Thomas McElwain Memorial Bridge’,”

            H. C. R. 4, The “Army Corporal Eldred Jennings Hensley Memorial Bridge”,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 4 - “Requesting that bridge number 23-5-4.91 (23A018) on Route 5 in Logan County, West Virginia, the ‘Army Corporal Eldred Jennings Hensley Memorial Bridge’,”

            H. C. R. 5, The “Sergeant Elzie Mundy, Jr. Bridge”,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 5 - “Requesting that bridge number 23-119/5-1.00 (23A129), on Route 119/5, otherwise known as the Pine Creek Road, in Pine Creek, outside of Omar, Logan County, West Virginia, be named the ‘Army Sergeant Elzie Mundy, Jr. Bridge’,”

            H. C. R. 6, The “Marine LCpl Benny A. Gilco Bridge”,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 6 - “Requesting that bridge number 23-16-5.11 (23A094) on County Route 16, Buffalo Creek Road at Amherstdale, Logan County, West Virginia, be named the ‘Marine LCpl Benny A Gilco Bridge’,”

            H. C. R. 8, The “Oral Gene Castle Bridge”,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 8 - “Requesting the Division of Highways to name the bridge crossing Pine Creek at Omar, Logan County, bridge number 23-119/5-0.23 (23A128), the ‘Oral Gene Castle Bridge’,”

            H. C. R. 24, Fredrick Dempsey Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 24 - “Requesting the Division of Highways to name the bridge known as the Dempsey Bottom Bridge in Dempsey, Mingo County, bridge number 30-65/75-0.01 (30A280), as the ‘Fredrick Dempsey Bridge’,”

            H. C. R. 28, William S. (Bill) Croaff Memorial Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 28 - “Requesting the Division of Highways to name bridge number 30-49-0.01 on Route 49 in Mingo County, the ‘William S. (Bill) Croaff Memorial Bridge’,”

            H. C. R. 30, Everett Ronnie Fields, Sr. Memorial Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 30 - “Requesting the Division of Highways to name the Burch High School Bridge, bridge number 30-52/35-0.04 (30A148), in Mingo County, as the ‘Everett Ronnie Fields, Sr. Memorial Bridge’,”

            H. C. R. 32, Joe “Toby” Slade Memorial Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 32 - “Requesting the Division of Highways to name bridge number 23-119/5-1.45 (23A249) in Pine Creek, Logan County, as the ‘Joe “Toby” Slade Memorial Bridge’,”

            H. C. R. 33, Army Sergeant Andrew Clark Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 33 - “Requesting that bridge number 23-10-19.72 (23A039) on Route 10 in Logan County, West Virginia, be named the ‘Army Sergeant Andrew Clark Bridge’,”

            H. C. R. 34, Marine Private Rudy Varney Bridge - Purple Heart Recipient,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 34 - “Requesting that bridge number 23-10-22.06 (23A040) on Route 10 in Logan County, West Virginia, be named the ‘Marine Private Rudy Varney Bridge - Purple Heart Recipient’,”

            H. C. R. 36, Army Sergeant Billy E. Vinson Memorial Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 36 - “Requesting the Division of Highways to name the West Virginia 73 Overpass at the Logan exit of Route 119, Logan, Logan County, bridge number 23-119-5.67 (23A254), as the ‘Army SGT Billy E. Vinson Memorial Bridge’,”

            H. C. R. 38, W.T. (Big Bill) Elswick Memorial Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 38 - “Requesting the Division of Highways to name bridge number 20-61-4.63 (20A776), crossing Paint Creek on United States Route 61, in Kanawha County, the ‘W.T.(Big Bill) Elswick Memorial Bridge’,”

            H. C. R. 44, Carnie L. Spratt Memorial Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 44 - “Requesting the Division of Highways to rename the Roderfield Box Beam Bridge, bridge number 24-52-12.79 (24A295), crossing over Spice Creek in McDowell County, the ‘Carnie L. Spratt Memorial Bridge’,”

            H. C. R. 50, Fleming Drive,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 50 - “Requesting the Division of Highways name Lee Chapman Road, County Route 47/2, off Trace Creek Road in Milton, Cabell County, as the ‘Fleming Drive’,”

            H. C. R. 52, Kennenth A. Chapman Sr. Memorial Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 52 - “Requesting the Division of Highways to name bridge number 41-1-24.51 (41A009) on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the ‘Kenneth A. Chapman, Sr. Memorial Bridge’,”

            H. C. R. 60, Lester W. “Cappy” Burnside, Jr. Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 60 - “Requesting the Division of Highways to name the bridge on Route 279 between the FBI CJIS Division and Route 50 crossing Interstate 79 (Jerry Dove Exit 124), bridge number 17-279-1.66 (17A314), in Harrison County, the ‘Lester W. “Cappy” Burnside, Jr. Bridge’,”

            H. C. R. 62, John W. Pyles Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 62 - “Requesting the Division of Highways to name bridge number 31-119/39-0.12 (31A281) crossing over Deckers Creek in Morgantown, Monongalia County, the ‘John W. Pyles Bridge’,”

            H. C. R. 63, Army SPC Gary Wayne Hudnall Memorial Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 63 - “Requesting the Division of Highways to name bridge number 20-79/6 000.01 (20A661) in Sharon, Kanawha County, as the ‘Army SPC Gary Wayne Hudnall Memorial Bridge’,”

            H. C. R. 65, Army SP4 Harold “Skip” Grouser Memorial Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 65 - “Requesting that bridge number 40-25/2-0.13 (40A153) on 40th Street and near 2nd Avenue in Nitro, Putnam County, West Virginia, the ‘Army SP4 Harold “Skip” Grouser Memorial Bridge’,”

            H. C. R. 66, Quentin H. Wickline Memorial Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 66 - “Requesting that the Division of Highways name bridge number 27-15-6.53 (27A024), currently known as Old Town Bridge on County Route 15 (Sandhill Rd.) near Pt. Pleasant, Mason County, West Virginia the ‘Quentin H. Wickline Memorial Bridge’,”

            And,

            H. C. R. 79, Ord Brothers Memorial Bridge,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. C. R. 79 - “Requesting the Division of Highways to name bridge number 27-19- 0.42 (27A109), commonly known as the Lane Street Bridge, located on Lane Street, Old Route 33, in New Haven, Mason County, the ‘Ord Brothers Memorial Bridge’,”

            With the recommendation that the committee substitutes each be adopted.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 4453, Relating to the calculation of child support obligations,

            And,

            H. B. 4454, Relating to the sale of alcoholic beverages on Sundays by private licensees,

            And reports the same back with the recommendation that they each do pass.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 4349, Clarifying retirement dependent child scholarship and burial benefits under a Qualified Domestic Relations Order,

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

            Com. Sub. for H. B. 4349 - “A Bill to amend and reenact §5-10-27 of the Code of West Virginia,1931, as amended; to amend and reenact §7-14D-20 and §7-14D-21 of said code; to amend and reenact §8-22A-22 and §8-22A-23 of said code; to amend and reenact §15-2-33 of said code; to amend and reenact §15-2A-12 of said code; and to amend and reenact §16-5V-25 and §16-5V-26 of said code, all relating to retirement burial and scholarship benefits awarded on behalf of deceased uniformed service officers as it relates to the distribution of marital property under a Qualified Domestic Relations Order,”

            With the recommendation that the committee substitute do pass.

            Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. C. R. 7, The “Kerry Albright Road”,

            H. C. R. 26, Requesting the Division of Highways to build the bridge on County Route 65/03 located near Tug Valley High School,

            H. C. R. 46, Ingram’s Way,

            H. C. R. 49, Army PFC Lilborn Dillon Memorial Road,

            And,

            H. C. R. 61, Restoring federal funding for the National Radio Astronomy Observatory in Green Bank, Pocahontas County,

            And reports the same back with the recommendation that they each do be adopted.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2165, Relating to death certificates of military veterans,

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

            Com. Sub. for H. B. 2165 - “A Bill to amend and reenact §16-5-29 of the Code of West Virginia, 1931, as amended, relating to death certificates of military veterans; providing that the State Registrar shall issue up to two certified copies of a death certificate of an eligible veteran at no charge,”

            And,

            H. B. 2895, Requiring display of POW/MIA flag on county courthouses and other government buildings,

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

            Com. Sub. for H. B. 2895 - “A Bill to amend and reenact §7-3-2a of the Code of West Virginia, 1931, as amended, relating to the display of POW/MIA flags on county courthouses and other government buildings”,

            With the recommendation that the committee substitutes each do pass.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 4151, Relating to military members and their spouses who obtain licensure through professional boards,

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

            Com. Sub. for H. B. 4151 - “A Bill to repeal §30-1-6a and §30-1-6b of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new article, designated §30-1B-1, §30-1B-2, §30-1B-3, §30-1B-4, §30-1B-5, §30-1B-6, §30-1B-7, §30-1B-8 and §30-1B-9, all relating to professional licensing requirements for certain military members and their spouses; making legislative findings; requiring certain boards to consider military education, training and experience upon application for licensure, certification or registration; providing for licensure renewal during active duty and for six months thereafter for service members and their spouses without meeting requirements of continuing education in certain circumstances and without payment of fees; requiring licensees, certificate holders and registrants to submit waiver requests to the boards; providing for expedited temporary licenses for spouses of active duty service members in certain circumstances; providing for waiver of temporary license application fees in certain circumstances; providing boards with rule-making authority; requiring boards to collect certain data on applications for licensure; requiring boards to report data on waivers and temporary licenses in their annual reports; applicability; and providing for liberal construction of article,”

            H. B. 4309, Permitting a person to keep a loaded firearm in his or her motor vehicle upon the grounds of the State Capitol Complex,

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

            Com. Sub. for H. B. 4309 - “A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting a person to keep a firearm in his or her motor vehicle upon the grounds of the State Capitol Complex if the vehicle is locked and the firearm is out of normal view,”

            H. B. 4347, Relating to affirmative defenses against mechanics’ liens,

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

            Com. Sub. for H. B. 4347 - “A Bill to amend and reenact §38-2-21 and §38-2-34 of the Code of West Virginia, 1931, as amended, relating to creating an affirmative defense to an action to enforce a lien,”

            And,

            H. B. 4371, Making the theft of a traffic sign or traffic signal a felony,

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

            Com. Sub. for H. B. 4371 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-13a, relating to making the theft of a traffic sign or traffic signal a felony; and establishing criminal penalties and restitution,”

            With the recommendation that the committee substitutes each do pass.

            Delegate Morgan, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            H. B. 4149, Allowing members of the Board of Public Works to be represented by designees and to vote by proxy,

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

            Com. Sub. for H. B. 4149 - “A Bill to amend and reenact §5-4-1 of the code of West Virginia, 1931, as amended, all relating to the Board of Public Works; providing for board members to be represented by designees; providing that designees may only vote on certain matters; and providing that no more than three designees may vote at a meeting,”

            And,

            H. B. 4268, Relating to the administration of veterans’ assistance,

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

            Com. Sub. for H. B. 4268 - “A Bill to repeal §9A-1-13, §9A-1-14 and §9A-1-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §9A-1-2, §9A-1-4, §9A-1-5, §9A-1-6, §9A-1-8, §9A-1-9, §9A-1-10, §9A-1-11 and §9A-1-12 of said code, all relating to the Department of Veterans’ Assistance; removing outdated language; providing additional powers to the Secretary of Department of Veteran’s Assistance; modifying the duties of the Veterans’ Council; and authorizing the Secretary to award grants to provide transportation for veterans”,

            With the recommendation that the committee substitutes each do pass.

            Delegate Morgan, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            H. B. 4392, Regulating persons who perform work on heating, ventilating and cooling systems and fire dampers,

            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. 4392) was referred to the Committee on the Judiciary.

            Delegate Morgan, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            H. B. 4067, Fire Commission, relating to the State Fire Code,

            H. B. 4093, Real Estate Appraiser Licensing and Certification Board, requirements for licensure and certification,

            And,

            H. B. 4094, Real Estate Appraiser Licensing and Certification Board, renewal of licensure or certification,

            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. 4067, H. B. 4093 and H. B. 4094) were each referred to the Committee on the Judiciary.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 90 - “A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to creating a criminal offense for interfering with or preventing a person from calling for the assistance of emergency service personnel; defining terms; and establishing criminal penalties”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            S. B. 403 - “A Bill to amend and reenact §60-1-5 of the Code of West Virginia, 1931, as amended, relating to the sale and consumption of alcoholic liquors in outdoor dining areas adjoining an ABCA-licensed facility”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 450 - “A Bill to amend and reenact §60-1-5 of the Code of West Virginia, 1931, as amended, relating to the sale and consumption of alcoholic liquors in outdoor dining areas adjoining an ABCA-licensed facility”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            S. B. 454 - “A Bill to amend and reenact §22-14-3 of the Code of West Virginia, 1931, as amended, relating to dams; and defining the owner of a dam for purposes of the Dam Control Act”; which was referred to the Committee on Agriculture and Natural Resources then the Judiciary.

            At 12: 04 p.m., on motion of Delegate White, the House of Delegates recessed until 2:00 p.m., and reconvened at that time.

* * * * * * *

Afternoon Session

* * * * * * *

            At the request of Delegate White, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

Committee Reports

            Chairman Wells, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 12^th day of February, 2014, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (S. B. 341), Making supplementary appropriation from State Excess Lottery Revenue Fund to Division of Human Services,

            (H. B. 4177), Making a supplementary appropriation to various agencies,

            And,

            (H. B. 4182), Supplementing, amending, increasing, decreasing, and adding items of appropriations in various accounts.

            Delegate Moore, Chair of 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. 4417, Relating to liens on vehicles,

            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. 4417) was referred to the Committee on the Judiciary.

            Delegate Guthrie, Chair of 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. 4432, Adopting Principle Based Reserving as the method by which life insurance company reserves are calculated,

            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. 4432) was referred to the Committee on the Judiciary.

            On motion for leave, a resolution was introduced (Originating in the Committee on Veterans’ Affairs and Homeland Security and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Iaquinta, Longstreth, Eldridge, Armstead, Ashley, Azinger, Cadle, Cooper, D. Evans, Ferro, Fleischauer, Folk, Howell, Jones, Lawrence, E. Nelson, Pethtel, Rowan, M. Smith, Staggers, Stephens, and Storch:

            H. C. R. 88 - “Requesting the Congress of the United States to restore the presumption of a service connection for Agent Orange exposure to Untied States Veterans who served in the waters defined by the combat zone, and in the airspace over the combat zone.”

            Whereas, During the Vietnam War, the United States military sprayed 22 million gallons of Agent Orange and other herbicides over Vietnam to reduce forest cover and crops used by the enemy; these herbicides contained dioxin, which has since been identified as carcinogenic and has been linked with a number of serious and disabling illnesses affecting thousands of veterans; and

            Whereas, The United States Congress passed the Agent Orange Act of 1991, to address the plight of veterans exposed to herbicides while serving the Republic of Vietnam; the Act amended Title 38 of the United States Code to presumptively recognize as service-connected certain diseases among military personnel who served in Vietnam between 1962 and 1975; this presumption has provided access to appropriate disability compensation and medical care for Vietnam veterans diagnosed with such illnesses as Type II diabetes, Hodgkin’s disease, non-Hodgkin's lymphoma, prostate cancer, Parkinson’s, multiple myeloma, peripheral neuropathy, AL Amyloidosis respiratory cancers, and soft tissue sarcomas and others yet to be identified; and

            Whereas, Pursuant to 2001 directive, the United States Department of Veterans Affairs policy has denied the presumption of a service connection for herbicide-related illnesses to Vietnam veterans who cannot furnish written documentation that they had "boots on the ground" in-country, making it virtually impossible for countless United States Navy, Marine and Air Force veterans to pursue their claims for benefits; moreover, personnel who served on ships in the "Blue Water Navy" in Vietnamese territorial waters were, in fact, exposed to dangerous airborne toxins, which not only drifted offshore but washed into streams and rivers draining into the South China Seas; and

            Whereas, The United States Navy has been excluded ever since, Agent Orange has been verified, through various studies and reports, as a wide spreading chemical that was able to reach Navy Ships through the air and waterborne distribution routes; and

            Whereas, Warships positioned off the Vietnamese shore routinely distilled seawater to obtain potable water, a 2002 Australian study found that the distillation process, rather than removing toxins, in fact concentrated dioxin in water used for drinking, cooking, and washing; this study was conducted by the Australian Department of Veterans Affairs after it found that Vietnam veterans of the Royal Australian Navy had a higher rate of mortality from Agent Orange-associated diseases than did Vietnam veterans from other branches of the military; when the United States Centers for Disease Control and Prevention studied specific cancers among Vietnam veterans, it found a higher risk of cancer among United States Navy veterans; and

            Whereas, Herbicides containing TCDD did not discriminate between soldiers on the ground and sailors on ships offshore; and

            Whereas, More than 30 Veterans Service Organizations support the Agent Blue Water Navy Vietnam Veterans Act of 2013; by not passing HR 543, a precedent could be set to selectively provide certain groups with injury related medical care while denying other groups without any financial, scientific or consistent reasoning; and

            Whereas, When the Agent Orange Act passed in 1991 with no dissenting votes, congressional leaders stressed the importance of responding to the health concerns of Vietnam veterans and ending the bitterness and anxiety that had surrounded the issue of herbicide exposure, the federal government has also demonstrated its awareness of the hazards of Agent Orange exposure through its involvement in the identification, containment, and mitigation of dioxin “hot spots” in Vietnam; and

            Whereas, The United States Congress should reaffirm the nation's commitment to the well-being of all of its veterans and direct the United States Department of Veterans Affairs to administer the Agent Orange Act under the presumption that herbicide exposure in the Republic of Vietnam includes the country’s inland waterways, offshore waters, and airspace; encompassing the entire Combat Zone; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the State of West Virginia hereby respectfully urge the Congress of the United States to restore the presumption of a service connection for Agent Orange exposure to Untied States Veterans who served in the waters defined by the combat zone, and in the airspace over the combat zone and; be it

            Further Resolved, That the State of West Virginia forward official copies of the resolution to the President of the United States, to the President of the Senate and Speaker of the House of Representatives of the United States Congress with the request that this resolution be officially entered into the Congressional Record as a memorial to the Congress of the United States of America.

            Which was referred to the Committee on Rules.

            Delegate Iaquinta, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 4318, Continuing education of veterans mental health,

            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 Government Organization.

            In accordance with the former direction of the Speaker, the bill (H. B. 4318) was referred to the Committee on Government Organization.

Petitions

            Delegate Walker presented a petition on behalf of his constituents, supporting the abortion opt-out in the West Virginia Health Care Exchange; which was referred to the Committee on Health and Human Resources.

Bills Introduced

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

By Delegates Marshall, Skinner, Pasdon, Caputo and McCuskey:

            H. B. 4477 - “A Bill to repeal §30-21-7a, §30-21-7b, §30-21-7c, §30-21-7d, §30-21-7e, §30-21-8a and §30-21-10a, of the Code of West Virginia, 1931, as amended; to amend and reenact §30-21-1, §30-21-2, §30-21-3, §30-21-4, §30-21-5, §30-21-6, §30-21-7, §30-21-8, §30-21-9, §30-21-10, §30-21-11, §30-21-12, §30-21-13, §30-21-14 and §30-21-17 of said code; and to amend said code by adding thereto twelve new sections, designated §30-21-16, §30-21-18, §30-21-19, §30-21-20, §30-21-21, §30-21-22, §30-21-23, §30-21-24, §30-21-25, §30-21-26, §30-21-27 and §30-21-28, all relating to the practice of psychology; prohibiting the practice of psychology without a license; providing other applicable sections; defining terms; continuing and renaming board; providing for board composition, appointments, qualifications, terms of office, filling of vacancies and holding meetings; providing for compensation and reimbursement for board members; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license and certification requirements; setting forth scopes of practices; providing for licensure for persons licensed in another state; establishing renewal requirements; establishing delinquent, expired and inactive license requirements; providing temporary permit requirements; requiring license to be displayed; providing for privileged communications and exceptions; providing the board may issue notices to cease and desist; providing that circuit courts may issue injunctions; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for the investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; and providing for criminal penalties”; to the Committee on Government Organization then the Judiciary.

By Delegate Staggers:

            H. B. 4478 - “A Bill to amend and reenact §17D-2A-2, §17D-2A-5 and §17D-2A-7 of the Code of West Virginia, 1931, as amended, all relating to requiring a certificate of insurance to be in effect during the entire term of the vehicle registration period; permitting a discretionary electronic acknowledgment exception; clarifying that certain security provisions do not apply to commercial vehicles insured under commercial auto coverage; removing the requirement that insurance companies must notify the Division of Motor Vehicles when a policy holder’s vehicle insurance has been canceled; removing an outdated reporting requirement; clarifying and increasing the penalties for vehicle owners who do not have the required security in effect; replacing the driver’s license suspension penalty of a person who knowingly operates a vehicle without the required security with a provision stating that a person who is not the vehicle owner and who is convicted of operating a motor vehicle that does not have the required security shall have the conviction placed on the driver’s license record; directing that fees collected for reinstatement of a driver’s license be deposited in the Motor Vehicle Fees Fund; and prohibiting the Division of Motor Vehicles from taking action against a person cited for driving without insurance if the citation is received by the division more than one year from the date of the offense”; to the Committee on the Judiciary then Finance.

By Delegates Ireland, Ambler, Arvon, A. Evans, Faircloth, Howell, Kump, Romine, R. Smith and Westfall:

            H. B. 4479 - “A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17B-2-1 of said code, all relating to voting procedures; requiring a voter to present an identifying document issued either by the State of West Virginia or the United States government that contains the name, address, and a photograph of the person desiring to vote which the poll clerk must inspect and confirm that the name on the document conforms to the name in the individual’s voter registration record and that the image displayed is truly an image of the person presenting the document; permitting the casting of a provisional ballot by a person without adequate proof of identification provided he or she executes an affidavit; permitting the provisional ballot be counted providing certain conditions are met; exempting voters who vote in person at a precinct polling place that is located at a state licensed care facility where the voters are residents; permitting the Division of Motor Vehicles to issue, at no charge, identification cards to persons who will be at least eighteen years of age at the next general, municipal, or special election and intends to use the identification card as a form of identification for voting; and contains criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Craig and Skaff

            [By Request of the Division of Environmental Protection]:

            H. B. 4480 - “A Bill to amend and reenact §22-2-4 of the Code of West Virginia, 1931, as amended, relating to investment of the Acid Mine Drainage Fund; retention of earnings”; to the Committee on Energy then the Judiciary.

By Delegates White, Hunt, Manchin, Marcum, Caputo and Swartzmiller

            [By Request of the Lottery Commission]:

            H. B. 4481 - “A Bill to amend and reenact §29-22-9 of the Code of West Virginia, 1931, as amended, relating to removing restrictions on where certain lottery games may be played”; to the Committee on the Judiciary then Finance.

By Delegates Morgan, Stephens, Howell, Hartman and Campbell:

            H. B. 4482 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-32-11a, relating to qualifications to practice speech-language pathology in public schools”; to the Committee on Government Organization then Education.

By Delegate Gearheart:

            H. B. 4483 - “A Bill to amend and reenact §29-22B-702 of the Code of West Virginia, 1931, as amended, relating to removing limitations on advertising and promotional activities by limited video lottery retailers”; to the Committee on the Judiciary.

By Delegates Gearheart, Ambler, Azinger, Butler, Canterbury, D. Evans, Hamilton, Hamrick, Miller, R. Smith and Westfall:

            H. B. 4484 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-3-9c, relating to reduction of personnel employed by the West Virginia Department of Education; legislative findings; establishing a maximum ratio of the number of employees of the department to the number of students enrolled in the state after June 30, 2017; and requiring the state superintendent to establish a policy to attain the ratio”; to the Committee on Education then Finance.

By Delegates Morgan and Poore:

            H. B. 4485 - “A Bill to amend and reenact §8-5-7 of the Code of West Virginia, 1931, as amended, relating to increasing or decreasing the number of municipal wards or election districts and council members”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Ellington, Miller, Ellem, Arvon, Frich, E. Nelson. Gearheart, McCuskey, Reynolds, Howell and Shott:

            H. B. 4486 - “A Bill to amend and reenact §60A-10-4, §60A-10-6 and §60A-10-7 of the Code of West Virginia, 1931, as amended, all relating to circumstances requiring a prescription to dispense drug products that contain ephedrine, pseudoephedrine, phenylpropanolamine and other precursors of methamphetamine as an active ingredient; exempting wholesalers from certain requirements of the United States Drug Enforcement Administration relating to storage, reporting, record keeping or physical security control requirements for controlled substances containing ephedrine, pseudoephedrine or phenylpropanolamine; adding affirmative defenses; and providing penalties”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Hartman, Perry, Sponaugle and Campbell:

            H. B. 4487 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-32b, relating to travel insurance limited lines producers; defining terms; authorizing the Insurance Commissioner to issue a limited lines travel insurance producer license; authorizing a travel retailer to offer travel insurance under a limited lines travel insurance producer business entity license under certain conditions; requiring a limited lines travel insurance producer to maintain a register of travel retailers offering insurance on its behalf and to designate one of its employees as a designated responsible producer; requiring instruction or training of employees offering travel insurance on behalf of a limited lines travel insurance producer; providing exemptions from examination and continuing education requirements; requiring travel retailers offering travel insurance to make available written materials to prospective purchasers; prohibiting travel retailer employees who are not licensed as insurance producers from providing certain information; authorizing a travel retailer and its employees to offer travel insurance and to be compensated upon registration by the limited lines travel insurance producer; and providing for enforcement”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Morgan, Poore, D. Poling, Fleischauer, Manypenny and Sponaugle

            [By Request of the Secretary of State’s Office]:

            H. B. 4488 - “A Bill to amend and reenact §19-4-6 of the Code of West Virginia, 1931, as amended, relating to eliminating the requirement for notarization of the articles of incorporation for cooperative associations”; to the Committee on the Judiciary.

By Delegate Reynolds:

            H. B. 4489 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to preventing taxpayer subsidization of health insurance covering elective abortions; prohibiting all qualified health plans offered through a state exchange from including abortion coverage except to prevent the death of the mother; and preventing all other health plans, including health insurance contracts, plans or policies, offered outside of the exchange, but within the state, from providing coverage for elective abortions except by optional separate supplemental coverage for abortion”; to the Committee on Health and Human Resources then the Judiciary.

Daily Calendar

Third Reading

            Com. Sub. for H. B. 4208, Banning synthetic hallucinogens; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 58), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton, D. Poling, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4208) passed.

            On motion of Delegate Manchin, the title of the bill was amended to read as follows:

            Com. Sub. for H. B. 4208 - “A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended, and to amend and reenact §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code, all relating to the lists of scheduled controlled drugs and synthetic drugs; amending the list of controlled drugs; expanding the list of synthetic drugs to include additional formulations; and removing the reference to the board of pharmacy’s authority from the definition of ‘immediate derivatives’ and ‘immediate precursors’.”

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 4283, Raising the minimum wage; on third reading, coming up in regular order, was read a third time.

            Delegate Lane requested to be excused from voting on the passage of Com. Sub. for H. B. 4283 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 59), and there were--yeas 89, nays 5, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Andes, Cowles, Gearheart, Kump and Overington.

            Absent and Not Voting: Barill, J. Nelson, Paxton, D. Poling, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4283) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 4414, Relating to the solicitation of public employees by a candidate for an elective office; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 60), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton, D. Poling, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4414) passed.

            On motion of Delegate Manchin, the title of the bill was amended to read as follows:

            Com. Sub. for H. B. 4414 - “A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to the solicitation of public employees of the state or its political subdivisions by a candidate for an elective office; clarifying that the solicitation of public employees, in their work place, for contributions, services or other things of value by electronic communications is prohibited; clarifying that solicitations of public employees for contributions, services or other thing of value for a candidate, party or political purpose is prohibited; creating a specific exception for the solicitation of votes outside the workplace; and removing postmasters and federal officers and employees from those persons who may not be solicited.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            H. B. 4421, Allowing the lottery to pay prizes utilizing other payment methods in addition to checks; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 61), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton, D. Poling, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4421) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Second ReadingH. B. 4154, Fixing a technical error relating to the motor fuel excise tax; on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4237, Defining alternative nicotine products and electronic cigarettes; on second reading, coming up in regular order, were each read a second time.

            On motion of Delegate Manchin, the bill was amended on page two, in the enacting clause, immediately following “§16-9A-3” and the comma, by inserting “16-9A-4” and a comma.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4412, Creating a special one-day license for charitable events to sell nonintoxicating beer; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Manchin, the bill was amended on page two, in the enacting section, immediately following “§11-16-11b”, by striking out the comma and inserting in lieu thereof a semicolon, and the following: “and that §60-8-3 of said code be amended and reenacted, all”.

            The bill was then ordered to engrossment and third reading.

First ReadingThe following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

            H. B. 4159, Updating the meaning of federal adjusted gross income and certain other terms,

            Com. Sub. for H. B. 4188, Updating the authority and responsibility of the Center on Nursing,

            Com. Sub. for H. B. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission,

            H. B. 4301, Allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky,

            H. B. 4302, Relating to elections for public school purposes,

            Com. Sub. for H. B. 4343, West Virginia Project Launchpad Act,

            H. B. 4345, Relating to the West Virginia State Police Retirement System,

            H. B. 4364, Relating to the Public Employees Retirement System,

            H. B. 4366, Clarifying that the Teachers’ Retirement System annuity calculation for a member with reciprocal service credit shall be based on the final average salary calculation,

            Com. Sub. for H. B. 4394, Relating to the filling of professional personnel positions in the public schools,

            And,

            Com. Sub. for H. B. 4402, Providing a procedure for the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor.

Leaves of Absence

            At the request of Delegate White, and by unanimous consent, leaves of absence for the day were granted Delegates Barill, J. Nelson, Paxton, D. Poling, Raines and Walters.

            Delegate Campbell asked and obtained unanimous consent that she be added as a cosponsor of H. B. 4188, Updating the authority and responsibility of the Center on Nursing.

            The following members asked and obtained unanimous consent that they be added as cosponsors of H. B. 2364, The Pain-Capable Unborn Child Protection Act:

            Delegates Campbell

            Delegate Eldridge

            Delegate Espinosa

            Delegate Moye

            And,

            Delegate Stephens

            At 4:24 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 13, 2014.