Monday, February 18, 2013
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Rick
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 15, 2013, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Delegate A. Evans presented a petition on behalf of his constituents, requesting that the
Division of Highways add to the State Highway System that certain road commonly known as
Outlaw Trail, in Grant County; which was referred to the Committee on Roads and Transportation.
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Perry, M. Poling and Stowers:
H. B. 2518 - "A Bill to repeal section §55-7-19 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated §18-2-25a; to amend and
reenact §29-12-5a of said code; and to amend and reenact §55-7-15 of said code, all relating to
establishing protocols and protections to limit and treat injury to youth athletes and students; making
findings with respect to concussions; defining certain terms and requiring Secondary School
Activities Commission rule addressing concussions and head injuries; specifying certain minimum
provisions of rule; requiring inclusion of volunteer workers and student teachers under the
professional and liability coverage provided to county school boards by Board of Risk and Insurance
Management; including licensed health care professional within term 'volunteer worker' with certain
conditions and limiting civil liability; including medical assistance rendered by licensed medical
professional without remuneration to youth athlete as equivalent to emergency care at scene of
accident or medical emergency for protection from liability for civil damages; and including
scheduled practices within term 'event'"; to the Committee on Education then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2519 - "A Bill to amend and reenact §11-24-43a of the Code of West Virginia, 1931,
as amended; to amend and reenact §31-15A-16 of said code; and to amend and reenact §33-20F-4
of said code, all relating to reallocation and repatriation of certain funds to the General Revenue
Fund; specifying that dedication of tax proceeds for deposit in the Special Railroad and Intermodal
Enhancement Fund expire at the end of June 30, 2013; reducing the amount deposited annually to the credit of the West Virginia Infrastructure General Obligation Debt Service Fund, subject to
certain limitations, conditions and constraints; deleting obsolete provisions regarding a loan from
the Tobacco Settlement Medical Trust Fund to the Physician's Mutual Insurance Company; deleting
the provision requiring some taxes on medical malpractice insurance premiums to be paid into the
Revenue Shortfall Reserve Fund; and specifying effective dates"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Skaff:
H. B. 2520 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §49-5-13g, relating to juvenile proceedings; proscribing juveniles
from manufacturing, possessing and distributing nude or partially nude images of minors; declaring
a violation to be an act of juvenile delinquency; and providing for the punishment thereof"; to the
Committee on the Judiciary then Finance.
By Delegate Skaff:
H. B. 2521 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §60A-7-705a, relating to the West Virginia Contraband Forfeiture
Act; revising procedures for administrative forfeiture of certain types of property involved in the
trafficking of controlled substances; establishing time frames; and providing for notice"; to the
Committee on the Judiciary.
By Delegates Marcum, R. Phillips, J. Nelson, White, Eldridge, Reynolds, Tomblin,
Barill, L. Phillips, Ellington and E. Nelson:
H. B. 2522 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to authorizing the Division of Motor Vehicles to issue a special 'HATFIELD and MCCOY' license plate"; to the Committee on Roads and Transportation then Finance.
By Delegates Perdue, Arvon, Border, Eldridge, Ellington, Marshall, Miller, Moye,
Pasdon, Poore and Rowan:
H. B. 2523 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend
and reenact §30-3-14 and §30-3-16 of said code; to amend and reenact §30-7-15a of said code; to
amend and reenact §30-14-11 of said code; and to amend and reenact §30-14A-1 of said code, all
relating to treatment for a sexually transmitted disease; defining terms; permitting prescribing of
antibiotics to sexual partners of a patient without a prior examination of the partner; requiring patient
counseling; establishing counseling criteria; requiring information materials be prepared by the
Department of Health and Human Resources; providing limited liability for providing expedited
partnership therapy; and requiring legislative rules regarding what is considered a sexually
transmitted disease and providing that physicians, physician assistants and advanced nurse
practitioners are not subject to disciplinary action for providing treatment in an expedited partnership
setting"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perdue, Perry, Eldridge, Ellington, Lawrence, Poore and Staggers:
H. B. 2524 - "A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as
amended, relating to requiring opioid treatment programs to report and provide statistics to the
Legislative Oversight Commission on Health and Human Resources Accountability; deleting
outdated language; and making stylistic changes"; to the Committee on Health and Human
Resources then the Judiciary.
H. B. 2434, Relating to compensation in the magistrate court system; on first reading, coming
up in regular order, was read a first time.
Delegate Lane arose and expressed opposition to the bill.
In accordance with House Rule 103, the Speaker propounded "Shall the bill be rejected?" and
on this question, Delegate Lane demanded the yeas and nays, which demanded was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 2)
, and there were--yeas
43, nays 53, absent and not voting 4, with the yeas and absent and not voting being as follows:
Yeas: Ambler, Anderson, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle,
Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich,
Gearheart, Hamilton, Hamrick, Householder, Howell, Kump, Lane, McCuskey, Miller, E. Nelson,
J. Nelson, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner,
Walters and Westfall.
Absent and Not Voting: Andes, Hunt, Perdue and Pino.
So, a majority of the members present and voting not having voted in the affirmative, H. B.
2434 was not rejected and was advanced to second reading.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Andes, Hunt, Perdue and Pino.
At 1:54 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 19, 2013.