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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)
hdj2013-02-15-03


__________*__________




Friday, February 15, 2013

THIRD DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Thursday, February 14, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2434, Relating to compensation in the magistrate court system,
     And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (H. B. 2434) to the Committee on the Finance was abrogated.
Resolutions Introduced

     Delegates Stowers and Eldridge offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 23 - "Requesting the Division of Highways to name bridge number 22-10-22.51, located in Branchland, Lincoln County, West Virginia, on State Route 10, crossing the Guyandotte River, the 'Branchland Veteran's Memorial Bridge'."
     Whereas, Veterans of the United States Armed Forces have served and protected our great nation in times of war and peace; and
     Whereas, By serving their country, our Veterans know all too well the true meaning of the quote, "Freedom is never free"; that their sacrifice and bravery can never be repaid by those who enjoy the freedoms our soldiers have fought to protect; and
     Whereas, While it is a small gesture of our appreciation to the brave men and women that serve, naming a bridge after them will hopefully bring a smile to their faces and to their friends' and families', every time the bridge is crossed; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Division of Highways name bridge number 22-10-22.51, located in Branchland, Lincoln County, West Virginia, on State Route 10, crossing the Guyandotte River, the "Branchland Veteran's Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made, and be placed at each entry of the bridge, signs which proclaim in prominent, bold letters, the "Branchland Veteran's 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 to the County Commission of Lincoln County.
     Mr. Speaker, Mr. Thompson, and Delegates Staggers, Arvon, Azinger, Barill, Barrett, Boggs, Border, Campbell, Canterbury, Craig, Diserio, Eldridge, Ellington, Faircloth, Ferns, Fleischauer, Fragale, Frich, Guthrie, Hartman, Howell, Hunt, Jones, Lawrence, Lynch, Manypenny, Marshall, Miley, Morgan, Moye, O'Neal, Pasdon, Perry, L. Phillips, Pino, D. Poling, M. Poling, Poore, Rowan, Skinner, P. Smith, Sobonya, Storch, Swartzmiller, Tomblin, Walker, Wells, White and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 24 - "Requesting the Division of Highways to name the bridge on County Route 23, in Pax, Fayette County, toward the Lively area, bridge number 10-23-6.25, as the 'Rex Lane Mullins Memorial Bridge'."
     Whereas, Rex Lane Mullins was born on February 1, 1960, and was the third of five children born to Richard and Joan Mullins. He was a lifelong resident of the Pax, West Virginia area located in Fayette County. He attended Pax Elementary School and participated in their basketball program. He graduated from Mt. Hope High School and lettered in their basketball and football programs. He also attended Fayette County Vocational Technical School and was certified in masonry. His masonry certification gave him the opportunity to work his first job for Delegate John Pino of Oak Hill. Rex Lane Mullins married Crystal Williams at age nineteen. They had three children, Jason Lane, Amanda Lynn (deceased at birth) and Geneva Dawn. Shortly after his son, Jason, was born Rex Lane Mullins entered into the mining industry. He worked in the mines for 30 years for several companies beginning at Bonnie Mines in Raleigh County, Marrowbone in Mingo County, and finally at Upper Big Branch in Raleigh County; and
     Whereas, Rex Lane Mullins thoroughly enjoyed coaching grade school children's basketball games as a resident of the Pax community. He was also a loyal supporter of the Mt. Hope basketball and football games. He was a member of the Pax Advent Christian Church. As a child, Rex was introduced to fishing, hunting and camping and continued to enjoy these activities in his adulthood. He was a gardener, a wood craftsman and an avid West Virginia University Mountaineer fan with a room completely dedicated to the Mountaineers. Rex was a loving, kind, thoughtful, gentle yet strong, smart, empathetic, funny, but serious, person. He had a quiet nature, was a hardworking and responsible provider for his family and community and a person who did not take his responsibilities lightly. He believed in being loyal and respectful to his family and friends. Every year at his home Rex, assisted by his son Jason, treated his family and neighbors to a spectacular fireworks display on the 4th of July; and
      Whereas, Rex Lane Mullins was a loving father, son, husband, grandfather, brother, uncle, and stepfather who, on April 5, 2010, lost his life in the Upper Big Branch Mine Disaster. He gave his life producing West Virginia coal to provide lights for our community, our state and our nation; and
     Whereas, It is fitting to honor Rex Lane Mullins by naming the bridge at County Route 23, in Pax, Fayette County, towards the Lively area, bridge number 10-23-6.25, as the "Rex Lane Mullins Memorial Bridge; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the bridge on County Route 23, in Pax, Fayette County, towards the Lively area, bridge number 10-23-6.25, as the "Rex Lane Mullins Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Rex Lane Mullins 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 to the surviving family and relatives of Rex Lane Mullins: His wife; Brenda Keeton Mullins of Lively; mother, Jean Mullins; son, Jason Mullins and wife Ashley of Pax; daughter, Geneva Mullins Blake and husband Justin of Parkersburg, West Virginia; sisters, Sherry Mullins Scurlock and husband Jay of MacArthur, and Kassie Mullins Smith of Red Star; brothers, Clay Mullins and wife Debbie of Pax, and Yancy Mullins and wife Cathy of Mt. Hope; stepchildren, Jeremy Walker of Ashland, Kentucky, Tessa Walker of Pax and Joseph Walker of Sumter, South Carolina; grandchildren, Kailey Rose Mullins, Emma Grace Mullins, Dominic Walker, Kristen Crawford and Kolton Dorsey.
     Mr. Speaker, Mr. Thompson, and Delegate Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 25 - "Requesting the Division of Highways to rename the Camp Creek bridge over Camp Creek on State Route 152, in Lavalette, Wayne County, bridge number 50-152-41.56, the 'CPL Fred Russell Memorial Bridge'."
     Whereas, CPL Fred Russell was born on April 24, 1922 in East Lynn, West Virginia and passed away on March 21, 2011 in Huntington, West Virginia; and
     Whereas, CPL Fred Russell served in the United States Army during World War II, and was in active service from November 1, 1942 until September 10, 1945; and
     Whereas, CPL Fred Russell served in General Eisenhower's Division during five battles, including in Normandy, Northern France, Rhineland, Ardennes and Central Europe; and
     Whereas, CPL Fred Russell was awarded the Purple Heart for injuries sustained in action in France in August, 1944; and
     Whereas, CPL Fred Russell was also awarded five major Battle Stars, a Gold Leaf, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, the Honorable Service WWII Lapel Button and the Sharpshooter Badge; and
     Whereas, CPL Fred Russell was a life member of VFW Post 1064 in Huntington and American Legion Post 93 in Kenova; and
     Whereas, CPL Fred Russell returned from service and became a successful local businessman in Wayne, Lavalette and Huntington, West Virginia; and
     Whereas, CPL Fred Russell served the children of his community by supporting many organizations, including the Cub Scouts, Boy Scouts, Wayne County Little League, and the Wayne Order of Rainbow Girls; and
     Whereas, CPL Fred Russell further served his community as a FEMA representative, building permit officer, assistant to the assessor, a member of the Huntington Chamber of Commerce, and a charter member of Huntington AARP; and
     Whereas, CPL Fred Russell was a Royal Arch Mason and member of Wayne Masonic Lodge #18, AF & AM, as well as Wayne Chapter 156, Order of Eastern Star; and
     Whereas, It is fitting and proper, that CPL Fred Russell be remembered and acknowledged for his courageous action and military service, as well as his long service to the communities of Lavalette, Wayne and Huntington, West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the Camp Creek bridge over Camp Creek on State Route 152, in Lavalette, Wayne County, bridge number 50-152-41.56, the "CPL Fred Russell Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "CPL Fred Russell 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 to the surviving family of CPL Fred Russell.
     Delegates Stowers and Eldridge offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 26 - "Requesting the Division of Highways to name the section of Route 3 and Route 214 where they come together to create a triangular area in Yawkey in Lincoln County, the 'Army Corporal Richard D. McGhee Memorial Triangle'."
     Whereas, Corporal McGhee was born on October 10, 1947 and lived in Yawkey in Lincoln County when he enlisted in the United States Army; and
     Whereas, Corporal McGhee served his country during the most dangerous time of the Vietnam War as did his brother, Samuel W. McGhee who also served in the Army during the Vietnam War; and
     Whereas, Corporal McGhee died in the battle of Dak To on November 18, 1967 during combat operations in Kontum Province while serving with Mortar Platoon, Company D, 4th Battalion, 503rd Infantry, 173rd Airborne Brigade; and
     Whereas, Corporal McGhee was posthumously awarded the Bronze Star and the Purple Heart, along with the Combat Infantry Badge, Parachutist Badge, National Defense Service Medal, Vietnam Service Medal and Republic of Vietnam Campaign Medal; and
     Whereas, Corporal McGhee's unit decorations included the Presidential Unit Citation for the Battle of Dak To, the Meritorious Unit Commendation and The Republic of Vietnam Cross of Gallantry with Palm for Vietnam Services; and
     Whereas, It is fitting to honor and remember Corporal McGhee for his commitment, dedication, courageous action and ultimate sacrifice to 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 the section of Route 3 and Route 214 where they come together to create a triangular area in Yawkey in Lincoln County, the "Army Corporal Richard D. McGhee Memorial Triangle"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the triangular area as the "Army Corporal Richard D. McGhee Memorial Triangle"; 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 Corporal Richard D. McGhee.
     Delegates Stowers and Eldridge offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 27 - "Requesting that bridge number 322-10-28.08 on West Virginia Route 10, crossing the Guyandotte River, currently known as the'"West Hamlin Bridge' in Lincoln County, West Virginia, be named the 'Army SSGT Arthur N. McMellon Memorial Bridge'."
     Whereas, Staff Sergeant Arthur N. McMellon was the seventh child born to Frank and Garnett McMellon of West Hamlin, Lincoln County, and attended Guyan Valley High School; and
     Whereas, SSGT Arthur N. McMellon had four brothers, Frank, Jr. of West Hamlin, Forrest of Barboursville, Gerald of Alum Creek and Jimmy of Star Route 10, near Barboursville, and three of the four also served in the military; and
     Whereas, SSGT Arthur N. McMellon saw combat action in the United States Army in Korea at the age of seventeen, where he was missing in action once for 18 days but returned uninjured; and
     Whereas, SSGT Arthur N. McMellon never intended to make a career of the Army, but later reenlisted because he was unable to find a job in West Virginia and was deployed to a combat area in Vietnam; and
     Whereas, While serving as a mess sergeant, SSGT Arthur N. McMellon was able to scrounge up supplies for and serve a turkey feast for 71 Vietnamese children who unexpectedly visited his First Division Company on a Thanksgiving day; and
     Whereas, SSGT Arthur N. McMellon's letters home to his wife and mother described the debilitating heat and humidity endured by the troops in Vietnam, the intense fighting in the area where he was stationed near Ben Cat and his desire to be home; and
     Whereas, While riding in a Jeep to secure supplies for his unit, SSGT Arthur N. McMellon was killed December 1, 1965 by a Viet Cong grenade; and
     Whereas, SSGT Arthur N. McMellon was buried in Arlington National Cemetery on December 16, 1965; and
     Whereas, Then Rep. Ken Hechler, D. W.Va., who arranged for the sergeant's burial at Arlington, said of him, "He showed that human kindness and love can shine through and can never be obscured by the muck and grime of a brutal war"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That bridge number 322-10-28.08 on West Virginia Route 10, crossing the Guyandotte River, currently known as the "West Hamlin Bridge" in Lincoln County, West Virginia, be named the "Army SSGT Arthur N. McMellon 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 SSGT Arthur N. McMellon 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.
     Delegates Stowers and Eldridge offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 28 - "Requesting the Division of Highways to name a two-mile section of County Route 62 in Alkol, Lincoln County, beginning at the intersection of County Routes 62 and 46, and heading east along Route 62 for two miles the 'Dedicated to the Pound Punchers, Melissa Ferrell, Founder, Highway'."
     Whereas, The Pound Punchers took it upon themselves and had the initiative to better their quality of life through exercise and a proper diet; and
     Whereas, The Pound Punchers have maintained a rigorous workout regimen that has included, but not limited to, walking as a support group along County Route 62, also known as Bulger Road, in Alkol, Lincoln County; and
     Whereas, The Pound Punchers have received local, state and national recognition for their efforts to spread their enthusiasm for better living through diet and exercise; and
     Whereas, The Pound Punchers have been a positive influence on their community and have continued to strive not only serve as an example but also have a strong desire to make their community a healthier place to live, work and raise a family; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name a two-mile section of County Route 62 in Alkol, Lincoln County, beginning at the intersection of County Routes 62 and 46, and heading east along Route 62 for two miles the "Dedicated to the Pound Punchers, Melissa Ferrell, Founder, Highway"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying that two mile section of County Route 62 as the "Dedicated to the Pound Punchers, Melissa Ferrell, Founder, Highway"; 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 members of the Pound Punchers.
     Mr. Speaker, Mr. Thompson and Delegate Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 29 - "Requesting the Division of Highways to name a particular bridge in Wayne County, West Virginia, the 'Army Specialist-5 James R. Justice Memorial Bridge', a bridge which is located on the East Fork of 12 Pole Creek, at the mouth of Bluewater, also known as Cow Creek, approximately two miles up McComas Road and over the mountain from the intersection of McComas Road and Sweetwater Road."
     Whereas, James R. Justice was born on September 4, 1939, in Delbarton, West Virginia, the son of Oliver Justice and Lucy Jenkins Justice; and
     Whereas, James R. Justice died on February 10, 1988, in Dunlow, West Virginia; and
     Whereas, James R. Justice was married to Iris Maynard Justice and had two children, James R. Justice, Jr. and Robin Louise Justice; and
     Whereas, James R. Justice served our country in the United States Army as a Specialist 5 - Gun Marksman from 1957 to 1961, stationed in Fort Hood, Texas; Hamberg, Germany; and Ft. Lewis, Washington; and
     Whereas, After serving in the United States Army, James R. Justice worked at Senco Wire in Cincinnati, Ohio; and
     Whereas, Following a lengthy period of time during which his homesickness for West Virginia did not diminish, Mr. Justice finally realized his dream of coming "home" and, in 1978, returned to his beloved West Virginia to raise his family and live out his life; and
     Whereas, All that knew Mr. Justice held him in high esteem and close in heart; and
     Whereas, Mr. Justice was known to be a great and loyal American who would lay down his life for family, friends and country; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Division of Highways name a particular bridge in Wayne County, West Virginia, the "Army Specialist-5 James R. Justice Memorial Bridge", a bridge which is located on the East Fork of 12 Pole Creek, at the mouth of Bluewater, also known as Cow Creek, approximately two miles up McComas Road and over the mountain from the intersection of McComas Road and Sweetwater Road; 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 Specialist-5 James R. Justice 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 to the daughter of Army Specialist-5 James R. Justice, Ms. Robin Louise Justice.
     Delegates Howell, Azinger, Barrett, Border, Butler, Cadle, Canterbury, Craig, A. Evans, Folk, Gearheart, Hamrick, J. Nelson, R. Phillips, Rowan, Shott, P. Smith, R. Smith, Staggers, Storch, Swartzmiller, Westfall and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 30 - "Requesting the Division of Highways to name West Virginia Route 42 from the intersection with Route 46 at Elk Garden, Mineral County, West Virginia, to the intersection with U. S. Route 50 in Mineral County, West Virginia, the 'Army Sergeant Thomas Lawrence Dunithan Memorial Highway'."
     Whereas, Thomas Lawrence Dunithan, the son of Lawrence and Betty Dunithan, was born and raised in Elk Garden, West Virginia, and graduated from Elk Garden High School in 1966; and
     Whereas, Thomas Lawrence Dunithan grew up with his brothers Melvin Eugene Dunithan and Charles William Dunithan and his sisters Charlotte Dunithan Hamrick and Donna Dunithan Burdock; and
     Whereas, Sergeant Thomas Lawrence Dunithan died June 6, 1968, as a result of wounds received in combat in Vietnam while serving with the United States Army; and
     Whereas, Sergeant Thomas Lawrence Dunithan was awarded a Bronze Star and a Purple Heart for his unselfish service to his country; and
     Whereas, It is only fitting and proper that this stretch of road near his hometown of Elk Garden be named in his honor, and that it henceforth stand as a permanent memorial so that Sergeant Thomas Lawrence Dunithan's supreme sacrifice will not be forgotten; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways name West Virginia Route 42 from the intersection with West Virginia Route 46 at Elk Garden, Mineral County, West Virginia, to the intersection with U. S. Route 50 in Mineral County, the "Army Sergeant Thomas Lawrence Dunithan Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the road as the "Army Sergeant Thomas Lawrence Dunithan Memorial Highway" with a designation that Sergeant Dunithan served in the Vietnam War; and, be it
     Further Resolved, That the Clerk of the House of Delegates, forward five certified copies of this resolution to Thomas Caldwell, P. O. Box 52, Burlington, WV 26710 and a certified copy to the Secretary of the Department of Transportation.
     Delegates Howell, Azinger, Barrett, Border, Butler, Cadle, Canterbury, Craig, Ellem, A. Evans, Faircloth, Folk, Gearheart, Hamrick, J. Nelson, Overington, R. Phillips, Rowan, Shott, P. Smith, R. Smith, Staggers, Storch, Swartzmiller Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 31 - "Requesting the Division of Highways to name a portion of Pine Swamp Road between the intersection of U.S. 220 and the intersection of Stoney Run Road in Mineral County the '
WWII 78th Lightning Division Road'."
     Whereas, Army SSG Jonah Edward Kelley, a World War II Medal of Honor winner, grew up in Keyser, West Virginia and was a graduate of Keyser High School, where he excelled as a member of the football and basketball teams; and
     Whereas, Sergeant Kelley bravely served his country and gave his life as a member of the U. S. Army's 78th Infantry Division, commonly called the 78th Lightning Division; and
     Whereas, The community of Keyser, West Virginia has honored Sergeant Kelley and the men of the 78th Lightning Division for more than sixty-eight consecutive years; and
     Whereas, For more than six decades former members of the 78th Lightning Division have come to Keyser from throughout the United States to honor Sergeant Kelley's memory and have established a trust fund to secure continuing presentations of the annual $6,000 J. Edward Kelley Scholarship award for future generations; and
     Whereas, April 10, 2013, will mark the 68th time that the J. Edward Kelley award will be presented to a student at Keyser High School; and
     Whereas, It is fitting to dedicate this road to link the men of the 78th Lightning Division with the students of Keyser High School; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways name a portion of Pine Swamp Road between the intersection of U.S. 220 and the intersection of Stoney Run Road in Mineral County the
"WWII 78th Lightning Division Road" ; and , be it
     Further Resolved, That the Division of Highways is requested to have made, and placed, signs at each end of the portion of the road proclaiming in bold letters the road to be the
"WWII 78th Lightning Division Road" ; and, be it
     Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to Dave Boden, Publisher, Mineral Daily News Tribune, Keyser, West Virginia and to the Secretary of the Department of Transportation.
     Delegates Howell, Anderson, Azinger, Border, Butler, Cadle, Canterbury, Cowles, Craig, Ellem, A. Evans, Faircloth, Ferns, Folk, Hamrick, Hartman, Householder, Iaquinta, Manchin, Manypenny, J. Nelson, Overington, Pasdon, R. Phillips, Rowan, Shott, P. Smith, R. Smith, Staggers, Storch, Stowers, Sumner, Swartzmiller, Westfall and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 32 - "Urging the Environmental Protection Agency to revoke its decision to allow the sale of gasoline with fifteen percent ethanol (E15) until there is clear and convincing scientific evidence that El5 does not pose a risk to any gasoline-powered vehicle or equipment."
     Whereas, The Environmental Protection Agency (EPA) wants to allow an ethanol additive to the gasoline marketplace of fifteen percent (E15). Currently gasoline is sold with an ethanol additive of ten percent (E10) and is part of a program to reduce the nation's dependency on foreign oil. Over ninety percent of the gasoline sold has a ten percent ethanol additive; and
     Whereas, Ethanol increases water formation which can then create formic acid and corrode metals, plastics and rubber, especially over a period of time when the vehicle is not used. Corrosion- resistant materials have been incorporated into newer vehicle, engines and exhaust. However, current high performance specialty parts along with the pre-2001 cars and parts may be susceptible to corrosion. It is believed that a fifteen percent ethanol additive (E15) burns hotter that E10 and can wreck havoc with fuel mixtures and injections; and
     Whereas, There are an estimated 74 million pre-2001 vehicles in the marketplace that may be mis-fueled with E15. This does not include the millions of boats, lawnmowers, hand-held equipment and the like that were not designed for ethanol. The life span of this equipment can be dramatically reduced with the wrong fuel and the owners could be confronted with equipment break downs. Anticorrosion additives are available for each purchase of gasoline but can become expensive, burdensome and require consumer education; therefore, be it
     Resolved by the Legislature of West Virginia:
     That Environmental Protection Agency is urged to revoke its decision to allow the sale of gasoline with fifteen percent ethanol (E15) until there is clear and convincing scientific evidence that El5 does not pose a risk to any gasoline-powered vehicle or equipment; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Environmental Protection Agency and to the members of the West Virginia delegation to the United States Senate and House of Representatives.
     On motions for leave, Joint Resolutions were introduced, read by their titles and severally referred as follows:
By Delegates Overington, Lane, Sobonya, Sumner, Walters, Canterbury, Andes, Frich, Raines, Border and J. Nelson:
     H. J. R. 26
- "Proposing an amendment to the Constitution of the State of West Virginia, amending section nine, article three thereof, relating to prohibiting the taking of private property for private use; 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.
By Delegates Overington, Armstead, Rowan, Sumner, Walters, Andes, Lane, Shott, Gearheart, J. Nelson, and Sobonya:
     
H. J. R. 27 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one, article VI thereof; amending section two, article XIV thereof; and amending said Constitution by adding a new article, designated article XV, all relating to the legislative powers held by the people of the state and the Legislature; the power of the registered voters and the power of the Legislature to propose amendments to this Constitution; and the reservation by and to the people and registered voters of this state the powers of initiative, referendum, and recall at all levels of government in this state; 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.
By Delegates Howell, Storch, Canterbury, A. Evans, Azinger, Border, Smith, R., Folk, Overington, Hamrick and Kump:
     
H. J. R. 28 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section fifty-one, article VI thereof, relating to the establishment of a general fund expenditure limit; 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 Finance.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Thompson, Boggs, Swartzmiller, Miley, Young, Sponaugle and Barrett:
     
H. B. 2471 - "A Bill to amend and reenact §15-5-6 and §15-5-19a of the Code of West Virginia, 1931, as amended, all relating to homeland security and emergency management; emergency powers of Governor; possession of firearms during a declared state of emergency; prohibiting the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency; and providing a remedy at law and equity for a violation of a person's rights, including award of costs and attorney fees for a prevailing plaintiff"; to the Committee on the Judiciary.
By Delegates Staggers, Perry, Moore, Moye, Shott, O'Neal, L. Phillips, Arvon, Ellington, Pino and Gearheart:
     
H. B. 2472 - "A Bill to amend and reenact §17C-6-2 of the Code of West Virginia, 1931, as amended, relating to increasing the speed limit from 60 mph to 70 mph on a specific section of I-77 West Virginia Turnpike, between the Chelyan exit, exit 85 in Kanawha County, and the Mossy exit, exit 60 in Fayette County"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Overington, Walters, Sobonya, Rowan, Sumner, Shott, Frich, Border, J. Nelson, Howell and Householder:
     
H. B. 2473 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-2-13, relating to requiring all state activities and records to be in English; and providing exceptions"; to the Committee on the Judiciary then Finance.
By Delegates Overington, Andes, Cowles, Walters, Sobonya, C. Miller, Arvon, O'Neal, Folk, Raines and Border:
     
H. B. 2474 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-24a, relating to authorizing tax credits for parents and legal guardians whose children are in a home schooling program or private school"; to the Committee on Education then Finance.
By Delegate Hunt:
     
H. B. 2475 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-13, relating to the Department of Health and Human Resources providing matching funds up to $2,000, dollar for dollar each calendar year, to any funds donated by the parents of a minor into a trust account created after the minor has been diagnosed with an autism spectrum disorder, with the money from the trust to be disbursed to help pay expenses for the care of the minor and otherwise be exempt for state income tax purposes"; to the Committee on Finance.
By Delegates Overington, Sumner, Ferro, Hartman, Moore, Armstead, Shott, Frich, Gearheart, Border and J. Nelson:
     
H. B. 2476 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-17, relating to public buildings and encouraging public officials to prominently display the national motto on all public property, public buildings and all buildings designed, constructed and maintained with public funds from the state, a county or a municipality"; to the Committee on Government Organization then Finance.
By Delegates Overington, Barill, Caputo, Sobonya and Perdue:
     
H. B. 2477 - "A Bill to amend and reenact §17C-15-23 of the Code of West Virginia, 1931, as amended, relating to permitting certain auxiliary lighting on motorcycles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Sobonya and Border:
     
H. B. 2478 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended, relating to the Sex Offender Registration Act; and requiring persons incarcerated for sex offenses to register as such at the time they are incarcerated"; to the Committee on the Judiciary.
By Delegates Sobonya, Overington and Border:
     
H. B. 2479 - "A Bill to amend and reenact §3-1-16 and §3-1-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11a of said code; to amend said code by adding thereto two new sections, designated §3-5-6a and §3-5-6b; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; to amend said code by adding thereto a new section, designated §3-6-2a; and to amend and reenact §51-2-1 of said code, all relating to the nonpartisan elections of justices of the West Virginia Supreme Court of Appeals and circuit court judges; timing and frequency of election; ballot design and printing; separation from partisan ballot; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content"; to the Committee on the Judiciary.
By Delegates Sobonya and Border:
     
H. B. 2480 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended, relating to requiring the inclusion of additional information on the sex offender registry"; to the Committee on the Judiciary.
By Delegates Sobonya and Border:
     
H. B. 2481 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to relieving the burden imposed on counties of incarcerating inmates in regional jails by changing the way that the cost of incarcerating inmates in regional jails is collected so that it is shared by the county, state and municipality wherein the alleged criminal act occurred; and making the cost of incarcerating a person for less than twenty-four hours one-half the amount charged for incarcerating an inmate for a full day"; to the Committee on the Judiciary then Finance.
By Delegates Sobonya and Border:
     
H. B. 2482 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-15, relating to prohibiting school employees from counseling, referring, transporting or assisting any student to obtain an abortion; providing a violation of the section is a misdemeanor; and providing that nothing in the section may be construed as approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Sobonya and Border:
     
H. B. 2483 - "A Bill to amend and reenact §60A-4-401 of the Code of West Virginia, 1931, as amended, relating to the Uniform Controlled Substances Act; creating the felony offense of unlawful possession of cocaine and providing criminal penalties upon conviction"; to the Committee on the Judiciary then Finance.
By Delegates Sobonya, Overington and Border:
     
H. B. 2484 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the first $20,000 of state pensions and social security benefits from West Virginia personal income tax"; to the Committee on Pensions and Retirement then Finance.
By Delegates Sobonya and Border:
     
H. B. 2485 - "A Bill to amend and reenact §16-29-1 of the Code of West Virginia, 1931, as amended, relating to health care records; and requiring the release of a minor's medical records for drug testing to natural parent or legal guardian"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates E. Nelson, Skaff, Reynolds, White, R. Phillips, Armstead, Pasdon, Poore, Barrett, Storch and Cowles:
     
H. B. 2486 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-3-1 of said code, all relating to limiting the amount a property reappraisal can increase over the previous amount"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Perry, Ellington, Moye, Moore, Diserio, Campbell, Morgan, Poore and Ferns:
     
H. B. 2487 - "A Bill to repeal §16-5A-9a of the Code of West Virginia, 1931, as amended, relating to prohibiting the use of laetrile"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Ferro, Reynolds, Storch and Walters:
     
H. B. 2488 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §36-12-1, §36-12-2, §36-12-3, §36-12-4, §36-12-5, §36-12-6, §36-12-7, §36-12-8, §36-12-9, §36-12-10, §36-12-11, §36-12-12, §36-12-13, §36-12-14, §36-12-15, §36-12-16, §36-12-17, §36-12-18 and §36-12-19, all relating to creating the Real Property Transfer on Death Act; authorizing the transfer of real property effective at the time of a transferor's death; providing for applicability and nonexclusivity of this method of transferring real property; providing that a transfer on death deed is revocable and nontestamentary; establishing the capacity of transferor; setting forth requirements; providing that notice, delivery, acceptance and consideration are not required; setting forth the effect of transfer on death deed during a transferor's life; providing disclaimers; providing for liberal construction; providing optional forms; providing for uniformity of application and construction; setting forth the article's relation to Electronic Signatures in Global and National Commerce Act; and defining terms"; to the Committee on the Judiciary then Finance.
By Delegates Howell, Storch, Canterbury, Azinger, Border, R. Smith, J. Nelson, Folk, Hamrick, Kump and McCuskey:
     
H. B. 2489 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §6B-4-1, §6B-4-2, and §6B-4-3; all relating to official misconduct by a public officer or employee in a public capacity or under color of the officer's or employee's office or employment; penalties"; to the Committee on the Judiciary then Finance.
By Delegates Iaquinta, Fleischauer, Longstreth, Stephens and Azinger:
     
H. B. 2490 - "A Bill to amend and reenact §18B-4-9 of the Code of West Virginia, 1931, as amended, relating to providing for the appointment of veterans advocates at state institutions of higher education for veterans, current members or reserves of the Armed Forces of the United States or National Guard who are students; and setting forth the responsibilities of those advocates"; to the Committee on Veterans' Affairs and Homeland Security then Education.
By Delegates Iaquinta, Fleischauer, Longstreth, Stephens and Azinger:
     
H. B. 2491 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-10, relating to establishing a policy for students enrolled in state institutions of higher education who are called up or ordered to state or federal active service, inactive-duty training or annual training in any active duty or reserve component of the Armed Forces of the United States or of the National Guard of this state or any other state"; to the Committee on Veterans' Affairs and Homeland Security then Education.
By Delegates Perdue, Perry, Border, Ellington, Ferns, Fleischauer, Lawrence, Marshall, Moye, Poore and Rowan:
     
H. B. 2492 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-45-1, §16-45-2, §16-45-3, §16-45-4, §16-45-5 and §16-45-6, all relating to creating a loan forgiveness program for health professionals"; to the Committee on Health and Human Resources then Finance.
By Delegates Staggers, L. Phillips, Guthrie, Swartzmiller and Stephens:
     
H. B. 2493 - "A Bill to amend and reenact §17B-2-2 of the Code of West Virginia, 1931, as amended, relating to driver's licensing; providing an exemption from the requirement for a Class D drivers license for certain nonresident drivers"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Staggers, L. Phillips, Guthrie, Swartzmiller and Stephens:
     
H. B. 2494 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-4A-1, §17-4A-2 and §17-4A-3, all relating to creation of the Complete Streets Act; adopting a complete streets policy applicable to all streets, roads and highways and other transportation infrastructure facilities under the jurisdiction of the Commissioner of Highways; providing for model complete streets policies for use by counties and municipalities; creating a Complete Streets Advisory Board; and requiring annual reports"; to the Committee on Roads and Transportation then Finance.
By Delegates Marcum, Moore, Stowers, Skaff, E., Nelson, Ferro, Ferns, Young, Skinner, Sponaugle and D. Poling:
     
H. B. 2495 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-404a, relating to a requirement that all persons convicted or who enter a plea of guilty to drug offenses under sections four hundred one, four hundred two and four hundred three, article four, chapter sixty-a of the code participate in a drug treatment program; and rule-making authority"; to the Committee on the Judiciary then Finance.
By Delegates White, Marcum, Miley, Staggers, Perry, Moore, Craig, Boggs, Stowers, Reynolds and Ferns:
     
H. B. 2496 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5H-2-1, §5H-2-2 and §5H-2-3, all relating to creating the 'West Virginia School Personnel Survivor Benefit Act'; providing a short title and legislative intent; definitions; and providing a $12,000 death benefit to the surviving spouse, designated beneficiary, children or parents of teachers and other school personnel killed while in the performance of their duties at a primary or secondary education school"; to the Committee on Education then Finance.
By Delegates Skaff, Stowers, E., Nelson, D. Campbell, White, Ferns, Craig, Morgan, Poore and Marcum:
     
H. B. 2497 - "A Bill to amend and reenact §30-40-11 of the Code of West Virginia, 1931, as amended relating to requiring applicants for licenses for original brokers, associate brokers or sales persons to agree to finger printing and criminal history record checks; granting the West Virginia Real Estate Commission with the authority to perform the criminal history record checks; and requiring the applicants to cover the costs of performing the record checks"; to the Committee on Government Organization then the Judiciary.
By Delegates Marcum, Miley, Craig, Moore, White, Perry, Skaff, E. Nelson, Ferro, Ferns and Eldridge:
     
H. B. 2498 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §52-2-15, relating to making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted; and setting forth the penalties"; to the Committee on the Judiciary then Finance.
By Delegates Sobonya and Border:
     
H. B. 2499 - "A Bill to amend and reenact §28-5-27 of the Code of West Virginia, 1931, as amended, relating to eliminating good time for persons convicted of sex crimes involving minor children"; to the Committee on the Judiciary then Finance.
By Delegates Sobonya and Border:
     
H. B. 2500 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for driving under the influence causing death"; to the Committee on the Judiciary then Finance.
By Delegates Sobonya and Border:
     
H. B. 2501 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-1A-11a; and to amend and reenact §60-3-9, all relating to the creation of the West Virginia Addictions Treatment and Recovery Fund by dedicating $.05 per ounce of the uniform price of alcoholic liquors sold in this state to the fund"; to the Committee on Health and Human Resources then Finance.
By Delegates Hunt, Barill, R. Phillips, Tomblin, Eldridge, Stowers, Hamilton, Perry, D. Poling, Ferro and Sobonya:
     
H. B. 2502 - "A Bill to amend and reenact §30-3-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-14-11 of said code, all relating to professional discipline of physicians, podiatrists and osteopathic physicians and surgeons generally; and including oral or written inquiry of a patient about possession, ownership or storage of firearms as a reason for invoking disciplinary proceedings"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Marcum, Miley, Moore, White, Craig, Perry, Skaff, E. Nelson, Ferro, Ferns and Eldridge:
     
H. B. 2503 - "A Bill to amend and reenact §60A-2-210 of the Code of West Virginia, 1931, as amended, relating to adding suboxone and fioricet to the Schedule IV list of controlled substances; and, by reference, providing a felony criminal penalty"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Marcum, Andes, R. Phillips, J. Nelson, Ferro, Ferns, White, Pethtel, Eldridge, Skaff and L. Phillips:
     
H. B. 2504 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-7B-1 and §61-7B-2, all relating to firearms; providing that any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in West Virginia; authorizing the Attorney General to defend West Virginia citizens prosecuted for violation of such a federal law; and providing a felony criminal penalty for persons who attempt to enforce such a federal law"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2505 - "A Bill to amend and reenact §24B-4-6 of the Code of West Virginia, 1931, as amended, relating to increasing civil penalties imposed by the Public Service Commission for pipeline safety violations; providing that civil penalties collected by the Public Service Commission are submitted to the Treasurer for deposit into the General Revenue Fund; and making technical changes"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2506 - "A Bill to amend and reenact §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-9 of the Code of West Virginia, 1931, as amended, all relating to the tax credit for alternative fuel motor vehicles and qualified alternative fuel vehicle refueling infrastructure and qualified alternative fuel vehicle home refueling infrastructure; setting forth legislative findings; defining terms; restricting credit to purchases of and conversions to natural gas fueled motor vehicles and liquefied petroleum gas fueled motor vehicles; narrowing allowance of credit for alternative-fuel motor vehicle purchases, alternative-fuel motor vehicle conversions and alternative-fuel motor vehicle refueling infrastructure; outlining eligibility for credit and cessation of eligibility for credit for specified construction, purchases, expenditures, investments, installations, or conversions made on or after cessation dates or tax years as specified; requiring that not more than one tax credit be granted under the said article six-d, or any combination of articles set forth in the said chapter eleven for purchase of an alternative-fuel motor vehicle or for costs relating to conversion of a motor vehicle to an alternative-fuel motor vehicle, or for costs associated with alternative fuel vehicle refueling infrastructure or for costs associated with alternative fuel home refueling infrastructure; providing amount of credit for qualified alternative fuel vehicle refueling infrastructure; providing limitations on credit; providing for the termination of tax credit for alternative-fuel motor vehicles purchased after December 31, 2017; providing for the termination of tax credit for motor vehicles converted to operate on alternative-fuel after December 31, 2017; providing for the termination of tax credit for construction or purchase and installation of alternative fuel vehicle refueling infrastructure occurring after December 31, 2017; providing for the termination of tax credit for construction or purchase and installation of qualified alternative fuel vehicle home refueling infrastructure occurring in tax years beginning after December 31, 2012; providing for the termination of tax credit for purchases of motor vehicles that operate on fuels other than compressed natural gas or liquefied natural gas, or liquefied petroleum gas, occurring in tax years beginning after December 31, 2012; providing for the termination of tax credit for conversions of motor vehicles to operate on fuels other than compressed natural gas or liquefied natural gas or liquefied petroleum gas, occurring in tax years beginning after December 31, 2012; clarifying that provisions applicable to tax years beginning after December 31, 2012 are retroactive; providing limitations and restrictions of credit carryover; providing that credit is non-transferable"; to the Committee on Roads and Transportation then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2507 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all relating to creating the Jobs Impact Statement Act; requiring that the West Virginia Development Office prepare a jobs impact statement when requested by the Governor or leader of either House of the Legislature for certain proposed legislation; outlining the contents of the jobs impact statement; providing that this article does not affect the validity of legislation, restrict consideration of pending legislation or otherwise alter, amend or invalidate any rule of the Senate, the House of Delegates, or joint rules of the Senate and House of Delegates; and describing the manner in which copies of the jobs impact statement shall be made available"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2508 - "A Bill to amend and reenact §7-22-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-38-7 of said code, all relating to changing the capital investment threshold amount from more than $25 million to more than $75 million for development expenditures proposed to be made in county economic opportunity development districts and in municipal economic opportunity development districts in the first twenty-four months following their creation; changing the capital investment threshold amount from more than $25 million to more than $75 million for remediation expenditures to be made in county economic opportunity development districts and in municipal economic opportunity development districts in the first forty-eight months following their creation; and making other technical corrections"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2509 - "A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11B-2-20a; to amend and reenact §17-3-1 of said code; and to amend and reenact §31-15A-9 of said code, all relating to the Revenue Shortfall Reserve Fund, the Revenue Shortfall Reserve Fund - Part B and the creation of a West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying maximum aggregate funding amount for the Revenue Shortfall Reserve Fund; providing that interest and other earnings on Revenue Shortfall Reserve Fund - Part B be dedicated to and expended for and in support of the federal-state Medicaid program authorized by the Legislature or mandated by the federal government; providing that, in commencing and executing the provisions of this subdivision, the West Virginia Investment Management Board is not and shall not be obligated to sell any investments at a loss or otherwise take any action not in furtherance of its fiduciary duties and obligations in respect of funds and investments under its management and supervision; creating the West Virginia Infrastructure Modernization and Development Special Revenue Fund in the State Treasury; specifying the funding source for the West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying use of funds in the West Virginia Infrastructure Modernization and Development Special Revenue Fund; providing ability of State Road Fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund; and providing ability of West Virginia Infrastructure Fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2510 - "A Bill to amend and reenact §9-2-9 of the Code of West Virginia, 1931, as amended, and to amend and reenact §24A-1-3 of said code, all relating to creating a vendor transportation program within the Department of Health and Human Resources to transport Medicaid patients for nonemergency transportation services; requiring that the Secretary of the Department of Health and Human Resources report on the effectiveness of the program to the Legislative Oversight Commission on Health and Human Resources Accountability; exempting motor vehicles used by, or on behalf of, the Department of Health and Human Resources in connection with the vendor transportation program from the jurisdiction of the Public Service Commission; providing a safety and insurance exception to this exemption; and making technical changes"; to the Committee on Health and Human Resources then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2511 - "A Bill to amend and reenact §17-27-5 and §17-27-9 of the Code of West Virginia, 1931, as amended, all relating to the funding of transportation public-private partnership projects and their corresponding comprehensive agreements; eliminating requirement that money from the State Road Fund only be used for public-private partnership projects where the money serves as a required match for federal funds specifically earmarked in a federal authorization or appropriation bill and does not exceed four percent of the immediate preceding three fiscal years' average of the Division of Highway's construction contracts awarded under the competitive bid process; allowing public-private partnership projects to use money from the State Road Fund when the projects are in excess of $20 million, constructed by the Division of Highways, and contained in its six-year plan; providing that any earnings in excess of maximum rate of return that is negotiated in comprehensive agreements be deposited in the State Road Fund; eliminating a sunset provision prohibiting comprehensive agreements for public-private partnership projects after June 30, 2013; eliminating the requirement that a comprehensive agreement for public-private partnership projects be approved by concurrent resolution of the Legislature and be submitted to the Governor for his or her approval or disapproval before the Division of Highways enters into the comprehensive agreement; and instead mandating that the Division of Highways provide a copy of any comprehensive agreement to the Legislature's Joint Committee on Government and Finance at least thirty days prior to said agreement being executed by the Division of Highways for a public-private partnership project"; to the Committee on Roads and Transportation then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2512 - "A Bill to amend and reenact §9-5-11 of the Code of West Virginia, 1931, as amended, relating to reforming the state Medicaid subrogation statute; reorganizing the statute for clarity; defining 'department' as the Department of Health and Human Resources; establishing the department's subrogation right; prioritizing the department's subrogation right; establishing twenty-one day notice requirement upon action, claim or settlement offer affecting the department's subrogation right; requiring joinder of the department upon filing of action or claim; enacting penalty provision for failure to comply with twenty-one day notice requirement; requiring specific allocation of damages for any settlement, compromise, judgment or award; providing a sixty day review period for the department to assess a proposed settlement allocation; providing requirements for evidentiary damages hearings in instances where the department cannot agree with the parties on the allocation of damages in settlement; establishing post-trial payment procedures; and making other technical changes"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2513 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §17C-1-67; and to amend and reenact §17C-5-4 and §17C-5-6 of said code, all relating to improving enforcement of drugged driving offenses; defining 'drug'; providing implied consent to test for controlled substances or drugs; including controlled substances and drugs in blood test administration procedures; and making other clerical changes"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2514 - "A Bill to amend and reenact §11-13X-5 of the Code of West Virginia, 1931, as amended, relating to lowering the total amount of tax credits available in a given fiscal year under the Film Industry Investment Act"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2515 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act so the definitions conform with the Internal Revenue Code's definitions; and specifying effective dates"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2516 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act so the definitions conform with the Internal Revenue Code's definitions; and specifying effective dates"; to the Committee on Finance.
By Delegates Sobonya and Border:
     
H. B. 2517 - "A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to permitting volunteer firefighters to automatically qualify for Promise Scholarships; and waiving all other scholarship requirements"; to the Committee on Education then Finance.

     At 11:12 a.m., the House of Delegates adjourned until 1:00 p. m., Monday, February 18, 2013.

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