Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

House Journal


Day 00 (01-9-02013)
Day 01 (02-13-2013)
Day 02 (02-14-2013)
Day 03 (02-15-2013)
Day 06 (02-18-2013)
Day 07 (02-19-2013)
Day 08 (02-20-2013)
Day 09 (02-21-2013)
Day 10 (02-22-2013)
Day 13 (02-25-2013)
Day 14 (02-26-2013)
Day 15 (02-27-2013)
Day 16 (02-28-2013)
Day 17 (03-01-2013)
Day 20 (03-04-2013)
Day 21 (03-05-2013)
Day 22 (03-06-2013)
Day 23 (03-07-2013)
Day 24 (03-08-2013)
Day 27 (03-11-2013)
Day 28 (03-12-2013)
Day 29 (03-13-2013)
Day 30 (03-14-2013)
Day 34 (03-18-2013)
Day 35 (03-19-2013)
Day 36 (03-20-2013)
Day 37 (03-21-2013)
Day 38 (03-22-2013)
Day 41 (03-25-2013)
Day 42 (03-26-2013)
Day 43 (03-27-2013)
Day 44 (03-28-2013)
Day 45 (03-29-2013)
Day 48 (04-01-2013)
Day 49 (04-02-2013)
Day 50 (04-03-2013)
Day 51 (04-04-2013)
Day 52 (04-05-2013)
Day 55 (04-08-2013)
Day 56 (04-09-2013)
Day 57 (04-10-2013)
Day 58 (04-11-2013)
Day 59 (04-12-2013)
hdj2013-02-14-02


__________*__________




Thursday, February 14, 2013

SECOND 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 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 Wednesday, February 13, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Resolutions Introduced

     Delegates Rowan and Cowles offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 20 - "Requesting the Division of Highways to name bridge number 14-50-31.01 on U.S. Route 50 in Hampshire County, the 'Army Corporal Rex Marcel Sherman Memorial Bridge'."
     Whereas, Corporal Sherman was born on April 8, l95l in Romney, West Virginia; and
     Whereas, Corporal Sherman served in C Company, 75th Infantry, 173rd Airborne Brigade, United States Army; and
     Whereas, Corporal Sherman began his tour of duty in Vietnam on July 5, 1969 and died in combat on November 19, 1969 in Binh Thuan while under fire and without regard to his personal safety he was pulling wounded soldiers to safety; and
     Whereas, On November 19, 1969 Corporal Sherman saved the lives of several of his fellow soldiers; and
     Whereas, Corporal Sherman was posthumously awarded the Silver Star, the third highest award in the military, and was also posthumously promoted to the rank of corporal; and
     Whereas, Corporal Sherman's bravery, selflessness and love of his country and his fellow man was evident in the way he lived and the way he faced death; and
     Whereas, It is fitting to honor Corporal Sherman for his commitment, dedication and having made the ultimate sacrifice for his country and his state; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 14-50-31.01 on U.S. Route 50 in Hampshire County, the "Army Corporal Rex Marcel Sherman Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Army Corporal Rex Marcel Sherman Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and the family of Army Corporal Rex Marcel Sherman.
     Delegates Hamilton and Lynch offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 21 - "Requesting the Division of Highways to name a stretch of road in Upshur County, West Virginia, the 'Upshur Civil War Company "C" Militia Memorial Highway'; specifically, to provide this identification to that stretch of road on State Route 20 from milepost 11.53 at the intersection of State Route 20 and State Route 4, to milepost 0.00 at the Webster/Upshur County line."
     Whereas, On September 16, 1862, at Buckhannon, Upshur County, West Virginia, Company "C" of the Upshur County 133rd Militia State Troops was mustered with a known roster of seventy men; and
     Whereas, Company "C" was stationed at Centerville (now Rock Cave) which was one of the leading centers in the southern part of the county, boasting three well-stocked general stores, two blacksmith shops, a gunsmith, a school, two churches, a post office and a tan yard; and
     Whereas, Stationing at Centerville was decided in large part because a fortification already existed on a high hill to the southwest, known as Fortification Hill, which is now part of a farm, the house of which now stands where the fort once overlooked the town, surrounding roads and countryside; and
     Whereas, While stationed at Centerville, the soldiers' initial six weeks time was primarily devoted to learning basic drill, rifle handling, attending lectures on military tactics, becoming disciplined soldiers and learning duties and responsibilities; and
     Whereas, After becoming familiar with their soldier role, Company "C" was ordered to break camp and return to muster only once per week at the open, drill field; and
     Whereas, Unbeknownst to Company "C", the Confederates had learned all the minute details and habits of the Upshur County militia from a former member of the militia who had deserted, fled south and joined the Confederate cause wherein he served as a scout; and
     Whereas, Early on the morning of September 12, 1863, the Confederates arrived unobserved at Centerville under cover of the dense woods, occupying a position on a high hill overlooking the area where they intended to capture the Company "C" militia and, awaiting the early preparations of the militia to muster in the open field, they formed their plan of attack; and
     Whereas, All but two members of the militia presented to muster on the clear, crisp morning of September 12, 1863, the two absent members being the father and brother of the deserter, now Confederate scout, who had advised the confederacy of the whereabouts and doings of the Company "C" militia; and
     Whereas, As the families of the Company "C" militiamen, who had accompanied their husbands, fathers, brothers and sweethearts, were anticipating an enjoyable, sociable day, the drill sergeant of Company "C" prepared to put his men through their formation, unaware of the danger surrounding them; and
     Whereas, Just as the militiamen were arriving at their posts in the wide, open and vulnerable field, the Confederates began firing, advancing from the hills and demanding surrender; and
     Whereas, The surprise attack caused instant confusion amongst the militiamen who were without cover and with only empty rifles for defense; and
     Whereas, The Company "C" militia were captured and on the evening of September 12, 1863, the rebel commander issued the order to march and the long line of militiamen moved out of Centerville toward the prisons of the South, gazing back at the town of Centerville shrouded in smoke from the fortification set afire by the Confederates; and
     Whereas, The march was long and the captured soldiers suffered loneliness, homesickness and numerous deprivations with many of the men hospitalized along the way due to an outbreak of the measles and other poor health conditions; and
     Whereas, The Company "C' militia were ultimately imprisoned at Old Castle Thunder, a warehouse used as a prison, in Richmond, Virginia; and
     Whereas, The militiamen were initially all denied paroles and exchanges; and
     Whereas, Upwards of twenty militiamen were offered an escape from the deplorable prison conditions if they agreed to be conscripted into the rebel military service but all refused; and
     Whereas, By the end of the war, forty-three members of the Company "C" militia died in southern prisons, leaving behind twenty-seven widows and eighty-three children; and
     Whereas, The raid on Centerville and capture of Company "C" threw what is now the entire State of West Virginia into a panic, causing newspaper editorials to question whether West Virginia, who had given more volunteers to the government, per capita, than any other state in the nation, had the protection of Washington; and
     Whereas, The lives of the militiamen of Company "C" deserve to be honored so that their sacrifice is not forgotten and remains salient in the minds of all who live and travel through Upshur County; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name that stretch of road in Upshur County, West Virginia, on State Route 20 from milepost 11.53 at the intersection of State Route 20 and State Route 4, to milepost 0.00 at the Webster/Upshur County line the "Upshur Civil War Company 'C' Militia Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made six signs that state, in bold and prominent lettering, the "Upshur Civil War Company 'C' Militia Memorial Highway" and erect these signs on both sides of West Virginia State Route 20 at milepost 0.00, milepost 8.33 (the historical landmark of Fiddler's Mill) and milepost 11.53; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the County Commission of Upshur County.
     Delegates R. Phillips and Tomblin offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 22 - "Requesting the Division of Highways to name a section of County Route 16, known as the Buffalo Creek Road, running through the unincorporated community of Lorado, Logan County, West Virginia, from the Lorado highway marker on the eastern edge of the community to the Lorado highway marker on the western edge of the community, the 'Kerry Albright Road'."
     Whereas, On February 26, 1972, a coal slurry impoundment dam owned by the Pittston Coal Company burst during heavy rains and collapsed two other impoundment dams, sending 132 million gallons of black waste water and sludge rushing in a 20 feet wave through the narrow Buffalo Creek valley; and
     Whereas, In a matter of minutes, 125 people were dead, 1100 injured, and over 4000 left homeless; 502 houses and 44 mobile homes were destroyed, and 943 houses and mobile homes damaged; 1000 cars and trucks were destroyed and total property damage was estimated at $50 million; and
     Whereas, In the midst of this devastation, a nine month old baby lay face down in the black muck, with only a tiny leg protruding above the surface; and
     Whereas, Some thirty minutes before, the baby's mother, Sylvia Albright, and older brother, Steven Albright, had been desperately running from the wall of waste water hurtling towards them when Sylvia tried to throw her baby to higher ground just as the flood waters overtook them; and
     Whereas, Sadly, Sylvia Albright and Steven Albright perished in the flood that day, and the baby was last seen floating in the swirling waters; and
     Whereas, As residents later combed the valley for survivors, the baby's seemingly lifeless body was found buried in the muck with severe bruises and injuries that rendered him nearly unrecognizable; and
     Whereas, The baby gasped for air when the thick mud was cleared from his mouth, and his rescuers realized that the baby had miraculously survived the flood and his subsequent submersion in the muck for at least twenty to thirty minutes; and
     Whereas, As the baby clung to life, he was taken to the hospital where doctors treated his injuries, but held out little hope for his survival; and
     Whereas, With the loving care of his father, Robert Albright, who stayed at his side day and night, the baby defied all odds and miraculously recovered; and
     Whereas, That baby, Kerry Lee Albright, henceforth became known as the "Miracle Baby of the Buffalo Creek Flood"; and
     Whereas, Robert Albright was working in an area coal mine when the flood took the life of his wife and elder son and destroyed his home, but he never returned after that fateful day; and
     Whereas, Kerry's survival gave Robert a purpose in life and helped him to cope with the devastating losses he had suffered, and Robert devoted himself to nurturing the fragile young life who had been spared from the flood; and
     Whereas, Robert Albright had black lung from twenty-five years underground in the mines, and he now took a disability retirement to assume the full-time role of single father and caregiver to his baby son - learning to cook, clean and sew, to bathe little Kerry and to rock him to sleep; and
     Whereas, Robert and Kerry lived several years in a trailer provided by the federal government to flood victims until Robert was able to rebuild on the site of their former home; and
     Whereas, As Kerry grew up, Robert was determined to provide a better life for his son and encouraged him to follow his dreams, often telling Kerry, "You can do whatever you want to do and be whatever you want to be"; and
     Whereas, When Kerry showed an interest and talent for performing, Robert arranged for private dance and voice lessons for him; and
     Whereas, When Kerry graduated from high school, he attended Marshall University as a theater major, and then began a twenty year career in musical theater that has taken him around the world performing as a singer and dancer; and
     Whereas, In the years after he moved away, Kerry often returned home to visit his father who had nurtured him and encouraged him to pursue his dreams; and
     Whereas, When Robert Albright died in 2000 of lung cancer and black lung, Kerry's final words to his devoted father were, "I love you"; and
     Whereas, Kerry currently resides in Brooklyn, New York, where he appreciates his life, and lives with a positive and upbeat presence about him that reflects his many years performing in musical theater; and
     Whereas, The January 2013 edition of Reader's Digest featured an article about Kerry's miraculous story of survival, and now millions of readers are learning about the "Miracle Baby of the Buffalo Creek Flood" for the first time; and
     Whereas, It is only fitting that a section of Buffalo Creek Road be named for Kerry Albright to celebrate the miracle of life that he represents, and that by honoring Kerry, we also honor his father, Robert Albright, who lovingly nurtured his "miracle baby" into the adult that Kerry has become; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is requested to name a section of County Route 16, known as the Buffalo Creek Road, running through the unincorporated community of Lorado, Logan County, West Virginia, from the Lorado highway marker on the eastern edge of the community to the Lorado highway marker on the western edge of the community, the "Kerry Albright Road"; and, be it
     Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the highway as the "Kerry Albright Road"; and, be it
     Further Resolved, That Division of Highways is requested to include on the signs an additional inscription identifying Kerry Albright as the "Miracle Baby of the Buffalo Creek Flood"; and, be it
     Further Resolved, That the Clerk of the House of Delegates is requested to forward a certified copy of this resolution to the Secretary of Transportation and to Kerry Albright.
     On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
     By Delegate Hunt:
     
H. J. R. 25 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section five, article eight thereof, relating to eliminating individual terms of circuit courts; 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 Perry, Boggs, Campbell, Ellem, Morgan and White offered the following resolution, which was read by the Clerk as follows:
     H. R. 7 - "Designating February 14, 2013, as 'Corrections Day'."
     Whereas, The West Virginia Division of Corrections, the Regional Jail Authority and the Division of Juvenile Services are committed to enhance public safety by providing safe, secure and humane facilities, operating an effective system of offender re-entry and community supervision, reducing offender recidivism and assisting victims of crime; and
     Whereas, The Division of Corrections, the Regional Jail Authority, and the Division of Juvenile Services are further committed to providing effective beneficial services that promote positive development and accountability while preserving community safety and sustaining a work environment predicated upon principles of professionalism, with dignity and respect for all; and
     Whereas, It is the vision of these agencies to be recognized as innovative leaders in providing quality correctional services; and
     Whereas, The adult and juvenile correctional population continues to expand and it is important for agency representatives and policymakers to appreciate the nature and magnitude of the growth; and
     Whereas, Previous information provided to this body should assist public officials and agency representatives in planning for the future and developing policies for the management of the West Virginia correctional population, both adult and juvenile, as well as providing adequate pay, benefits, and a safe secure workplace for the employees in the correctional system; therefore, be it
     Resolved by the House of Delegates:
     
That the House of Delegates hereby designates February 14, 2013, as "Corrections Day"; and, be it
     Further Resolved, That the House of Delegates recognizes the exceptional service and commitment of the employees of the Division of Corrections, the Regional Jail Authority and the Division of Juvenile Services; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Director of the Division of Corrections, the Director of the Regional Jail Authority and the Director of the Division of Juvenile Services.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 7) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Miley, Pethtel, White, Moore, L. Phillips, Boggs, Barill and Jones:
     H. B. 2434 - "A Bill to amend and reenact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931, as amended, all relating generally to the magistrate court system; providing compensation for magistrates, magistrate assistants, magistrate court clerks and magistrate court deputy clerks; and authorizing judges to appoint magistrate court clerks in certain circumstances"; to the Committee on the Judiciary then Finance.
By Delegates Ferro, Pethtel, Diserio, Skaff, Ferns, Jones, Swartzmiller, Storch, Hamilton, Miley and White:
     
H. B. 2435 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5b, relating generally to severance taxes collected for privilege of producing oil or natural gas; setting a baseline of tax collections; providing for the distribution of funds collected in excess of that baseline; providing how those funds may be used; creating the Marcellus Development Account; and defining terms"; to the Committee on the Judiciary then Finance.
By Delegate Hunt:
     
H. B. 2436 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-33, relating to liquefied petroleum gas-consuming equipment and appliances and the business of selling at retail, supplying, handling or transporting certain types of liquefied petroleum gas; requiring certification of correctness as to design, construction and performance of domestic and commercial liquefied petroleum gas-consuming equipment and appliances; requiring installation of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system in accordance with the instructions of the manufacturer of the appliance, equipment or component; prohibiting the alteration, modification, maintenance or repair of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system unless done in accordance with the instructions of the manufacturer; and providing protections from liability for persons engaged in the business of selling at retail, supplying, handling or transporting liquefied petroleum gas, for acts in which they did not participate"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Hunt:
     
H. B. 2437 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting certain handgun safety or training courses from payment of the consumers sales tax; and exempting certain services that provide training in personal safety or defense from payment of the consumers sales tax"; to the Committee on the Judiciary then Finance.
By Delegate Hunt:
     
H. B. 2438 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-2A-1, §30-2A-2, §30-2A-3, §30-2A-4 and §30-2A-5, all relating to establishing the 'Certified Legal Assistant Act'; defining terms; establishing minimum qualifications; setting forth responsibilities of the lawyer and the certified legal assistant; and providing rule-making authority to the Supreme Court of Appeals in conjunction with the West Virginia State Bar"; to the Committee on the Judiciary.
By Delegate Hunt:
     
H. B. 2439 - "A Bill to amend and reenact §33-6-33 of the Code of West Virginia, 1931, as amended, relating to insurance; determining the value of a motor vehicle in a claim; requiring the use of the most recent version of a nationally accepted 'official used car guide' for setting the value of a motor vehicle in a claim; and requiring the Insurance Commissioner to identify and make available to the public the most recent nationally accepted 'official used car guide'"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Hunt:
     
H. B. 2440 - "A Bill to amend and reenact §30-5-2 of the Code of West Virginia, 1931, as amended, relating to professions and occupations; pharmacists; and requiring the Board of Pharmacy to adopt guidelines to permit pharmacists to prescribe medications"; to the Committee on Health and Human Resources then Government Organization.
By Delegate Hunt:
     
H. B. 2441 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-11-11, relating to unfair trading practices by insurance companies; providing a third-party claimant may collect damages from an insurance company that has intentionally engaged in an unfair trade practice; and setting forth the requirements that must be met before damages may be awarded"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Hunt:
     
H. B. 2442 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §35-5-9, relating to requiring internments and graves to identify the decedents' identities"; to the Committee on the Judiciary.
By Delegate Hunt:
     
H. B. 2443 - "A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-3-4 of said code, all relating to exempting antique cars from taxation and fees"; to the Committee on Roads and Transportation then Finance.
By Delegate Hunt:
     
H. B. 2444 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to capping a property tax increase resulting from an increase from the three-year reappraisal at five percent of the previous year's property tax assessment"; to the Committee on Finance.
By Delegate Hunt:
     
H. B. 2445 - "A Bill to amend and reenact §23-4-23 of the Code of West Virginia, 1931, as amended, relating to workers' compensation; disability and death benefits; permanent total disability; and providing for cost-of-living allowances"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Hunt:
     
H. B. 2446 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §49-6-11 of said code; and to amend said code by adding thereto a new section, designated §61-8-17, all relating to the crime of solicitation of a minor; registration as sex offender; and criminal penalties"; to the Committee on the Judiciary then Finance.
By Delegate Hunt:
     
H. B. 2447 - "A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to the regulation and control of elections; and requiring that advertising must identify candidates' party affiliation"; to the Committee on the Judiciary.
By Delegate Hunt:
     
H. B. 2448 - "A Bill to amend and reenact §11-16-3 and §11-16-8 of the Code of West Virginia, 1931, as amended, all relating to the Nonintoxicating Beer Act; adding a limited liability company to the definition of person under the act and allowing a trust to be an applicant for a distributor license"; to the Committee on the Judiciary then Finance.
By Delegates Lawrence, Ferns, Fleischauer and Morgan:
     
H. B. 2449 - "A Bill to amend and reenact §37-6-30 of the Code of West Virginia, 1931, as amended, relating to landlord and tenant, and the duty of the landlord to maintain a premise; requiring a landlord to address issues of accumulation and the growth of mold; and requiring the landlord to perform mold remediation in accordance with the Centers for Disease Control and Prevention standards"; to the Committee on the Judiciary then Finance.
By Delegate Hunt:
     
H. B. 2450 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-2-12, relating to taxation; assessors; and granting licensed real estate appraisers access to assessors' commercial or residential review documents to determine comparable market value"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Hunt:
     
H. B. 2451 - "A Bill to amend and reenact §23-2-1 of the Code of West Virginia, 1931, as amended, relating to permitting those taxicab companies that have certain insurance policies approved by the Insurance Commissioner to not be not required to subscribe to or pay into the Workers' Compensation Fund"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Marshall, Guthrie, Barill, D. Poling, Fragale and Moore:
     
H. B. 2452 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-10A-101, §48-10A-102, §48-10A-201, §48-10A-202, §48-10A-203, §48-10A-301, §48-10A-401, §48-10A-402, §48-10A-501, §48-10A-502, §48-10A-601, §48-10A-602, §48-10A-701, §48-10A-801, §48-10A-802, §48-10A-901, §48-10A-902, §48-10A-1001, §48-10A-1002, §48-10A-1101 and §48-10A-1201, all relating to extended family visitation generally; setting forth legislative findings and intent; certain terms defined; persons who may apply for extended family visitation; petition for extended family visitation, appointment of guardian ad litem for the child; necessary findings for grant of reasonable visitation to an extended family member; factors to be considered in making a determination as to a grant of visitation to an extended family member; interview of child in chambers; prohibitions on use of child's written or recorded statement or affidavit; proof required generally and in cases of domestic violence; order granting or refusing extended family visitation must state findings of fact and conclusions of law; supervised visitation; conditions on visitation; effect of remarriage of the custodial parent; effect of adoption of the child; continuing jurisdiction of circuit court and family court; termination of extended family visitation; attorney's fees and costs; and misdemeanor offense for allowing contact between child and person who has been precluded visitation rights, and penalties upon conviction for offense"; to the Committee on the Judiciary.
By Delegates Marshall, Guthrie, Sumner, Barill, D. Poling, Fragale, Hamilton and Boggs:
     
H. B. 2453 - "A Bill to amend and reenact §15-3A-2, §15-3A-3, §15-3A-4 and §15-3A-5 of the Code of West Virginia, 1931, as amended, all relating to expanding the Amber Alert Plan to include a child reported missing regardless of circumstance"; to the Committee on the Judiciary then Finance.
By Delegates Howell, Faircloth, Ellem, Westfall, Butler, Cadle, Folk, Shott, Ferns, Storch and Canterbury:
     
H. B. 2454 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24, relating to making it a crime to interfere with a member of the Legislature while engaged in the performance of his or her official duties; and providing for misdemeanor penalties"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Perry, Border, Ellington, Fleischauer, Lawrence, Marshall, Miller, Moye, Poore and Sobonya:
     
H. B. 2455 - "A Bill to repeal §9-2-9b of the Code of West Virginia, 1931, as amended, relating to contract procedures for the Medicaid program"; to the Committee on Health and Human Resources then Finance.
By Delegates Marcum, R. Phillips, Andes, Ferro, Ellington, Diserio, Ferns, Lawrence, White, Eldridge and Reynolds:
     
H. B. 2456 - "A Bill to amend and reenact §18-8-1a of the Code of West Virginia, 1931, as amended, relating to increasing the school dropout age from sixteen to seventeen"; to the Committee on Education then Finance.
By Delegates Marcum, R. Phillips, Ferro, Diserio, Eldridge, Manchin, Skaff, Fleischauer, Marshall, Tomblin and Barill:
     
H. B. 2457 - "A Bill to amend and reenact §16-29-2 of the Code of West Virginia, 1931, as amended, relating to health care records; requiring health care providers to furnish records to patients at no cost; and limiting the request for free records to once a year"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Howell, Faircloth, Butler, Cadle, Shott, Border, R. Smith, Williams, Barrett, Craig and Folk:
     
H. B. 2458 - "A Bill to amend and reenact §17C-6-2 of the Code of West Virginia, 1931, as amended, relating to traffic regulations and laws of the road; speed restrictions; and authorizing the Commissioner of Highways to raise the speed limit for cars and one ton trucks on certain portions of Interstate highways"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Howell, Ferns, Marcum, Storch, Canterbury, A. Evans, Azinger, Border, Williams, Raines and R. Phillips:
     
H. B. 2459 - "A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-7-4a, all relating to permitting certain holders of concealed weapons permits to carry weapons of the grounds and buildings on the State Capitol Complex; setting forth the requirements; and providing an exception"; to the Committee on the Judiciary.
By Delegates Marcum, R. Phillips, Ferro, Diserio, Ferns, Lawrence, Campbell, White, Pethtel, Marshall and Fleischauer:
     
H. B. 2460 - "A Bill to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to creating a new offense for child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury and providing penalties upon conviction"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Campbell, Fleischauer, Marshall, Poore and Staggers:
     
H. B. 2461 - "A Bill to repeal §18-2-6a of the Code of West Virginia, 1931, as amended, relating to the sale of healthy beverages and soft drinks in schools"; to the Committee on Health and Human Resources then Education.
By Delegates Perdue, Perry, Arvon, Eldridge, Ellington, Ferns, Lawrence, Marshall, Moye, Pasdon and Poore:
     
H. B. 2462 - "A Bill to amend and reenact §11-27-38 of the Code of West Virginia, 1931, as amended, relating generally to health care provider taxes and removing the expiration date for tax rate on eligible acute care hospitals"; to the Committee on Health and Human Resources then Finance.
By Delegates Perdue, Perry, Fleischauer, Marshall, Moye, Poore and Staggers:
     
H. B. 2463 - "A Bill to repeal §27-16-1, §27-16-2, §27-16-3, §27-16-4 and §27-16-5 of the Code of West Virginia, 1931, as amended, relating to sterilization of mental defectives"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Ferro, Pethtel, Diserio, Skaff, Ferns, Jones, Swartzmiller, Storch, Miley, White and Marcum:
     
H. B. 2464 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-5-8a, relating to assessment of personal property of transients who provide temporary employment services within any county of the state for a period of at least thirty days and for the payment of taxes on the value of the assessed property"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates R. Phillips, Hunt, Moye, Cowles, J. Nelson, Folk and Walters:
     
H. B. 2465 - "A Bill to repeal §8-12-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §7-1-3 of said code; to amend and reenact §8-12-5 of said code; and to amend said code, by adding thereto a new article, designated §61-7B-1, §61-7B-2, §61-7B-3, §61-7B-4, §61-7B-5 and §61-7B-6, all relating to crimes and punishment; jurisdiction, powers and duties of county commissions; general powers of municipalities and their governing bodies; uniform regulation of firearms, ammunition, and firearm accessories throughout West Virginia solely by the Legislature; legislative intent; definition; general rules relating to the regulation of firearms, ammunition and firearm accessories; remedies for unlawful regulation; providing for exceptions; and providing applicability, grand fathering clause and effective date"; to the Committee on the Judiciary.
By Delegate Hunt:
     
H. B. 2466 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §23-5-10a, relating to workers' compensation; appeal and review process; and requiring that medical treatment and medications be continued throughout the appeal process"; to the Committee on the Judiciary then Finance.
By Delegate Hunt:
     
H. B. 2467 - "A Bill to amend and reenact §11-3-2a of the Code of West Virginia, 1931, as amended, relating to requiring the county to reimburse a property owner of expenses incurred in contesting a reappraisal of real property if the property owner successfully contests the new appraisal"; to the Committee on Political Subdivisions then Finance.
By Delegate Hunt:
     
H. B. 2468 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-33, relating to liquefied petroleum gas-consuming equipment and appliances and the business of selling at retail, supplying, handling or transporting certain types of liquefied petroleum gas; requiring certification of correctness as to design, construction and performance of domestic and commercial liquefied petroleum gas-consuming equipment and appliances; requiring installation of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system in accordance with the instructions of the manufacturer of the appliance, equipment or component; and prohibiting the alteration, modification, maintenance or repair of liquefied petroleum gas-consuming appliances, equipment or other components of a liquefied petroleum gas delivery system unless done in accordance with the instructions of the manufacturer; providing protections from liability for persons engaged in the business of selling at retail, supplying, handling or transporting liquefied petroleum gas, unless they are negligent or act intentionally, and the negligence or intentional act causes or partially causes injury or damage"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Perry, Staggers, Swartzmiller, Walker, Barill and Williams:
     
H. B. 2469 - "A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to increasing the cap on earnings during temporary reemployment after retirement"; to the Committee on Pensions and Retirement then Finance.
By Delegate M. Poling:
     
H. B. 2470 - "A Bill to amend and reenact §18-20-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-2-4 of said code; and to amend and reenact §18A-4-8 and §18A-4-8a of said code, all relating to sign support specialist or an educational sign language interpreter in the education of exceptional children, their certification and classification; school service personnel; service personnel classification, compensation and duties; specifying employment duties for certain positions; modifying certain service personnel classification titles; establishing certain service personnel classification titles and setting their wages; and establishing conditions for employer payment of and continuing education credit accrual for certain certification acquisition"; to the Committee on Education then Finance.
     At 11:42 a.m., on motion of Delegate Boggs, the House of Delegates adjourned until 11:00 a.m., Friday, February 15, 2013.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **