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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)

Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Friday, February 22, 2013

TENTH 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 21, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2534, Relating to the regulation of pawn brokers,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2534) was referred to the Committee on the Judiciary.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2530, Relating to reciprocity for psychologists, social workers, professional counselors and marriage and family therapists,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2530) was referred to the Committee on the Judiciary.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2124, Creating new code sections which separate the executive departments,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 2124) was referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2498, Making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 2498) was referred to the Committee on Finance.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2108, Making the offense of failure to wear safety belts a primary offense,

            And reports the same back with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2108) was referred to the Committee on the Judiciary.

            Chairman Staggers, from the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2135, Permitting those individuals who have been issued concealed weapons permits to keep firearms in their motor vehicles on the State Capitol Complex grounds,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2135) was referred to the Committee on the Judiciary.

            Chairman Staggers, from the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2477, Permitting auxiliary lighting on motorcycles,

            And reports the same back, with the recommendation that it do pass, with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.

            In the absence of objection, reference of the bill (H. B. 2477) to the Committee on the Judiciary was abrogated.

Resolutions Introduced

            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. 38 - “ Requesting the Division of Highways to name the bridge over the Guyandotte River at Bridge Street between Route 10 and E. McDonald Avenue, in Man, Logan County, bridge number 3033, constructed in 1986, as the ‘James Darrell Mangrum Memorial Bridge’.”

            Whereas, James Darrell Mangrum was born March 2, 1966, at Decator, Mississippi the son of Martha Christine Horne Mangrum and the late Jimmy D. Mangrum. Darrell was a 1984 graduate of Decator High School, a 1986 graduate of East Central Community College and a 1989 graduate of the University of Mississippi's School of Pharmacy. Upon graduation, he began his pharmacy career which spanned for 23 years, most of which was the Rite Aid of Man. He was very civic minded, serving on the town of Man City Council, The town of Man Park Board, and the Buffalo Creek Memorial Library Board.; and

            Whereas, James Darrell Mangrum departed this life Friday, January 18, 2013, at Logan Regional Medical Center, following a sudden illness at age 46. In addition to his father, he was preceded in death by his maternal grandparents, Jacob and Sarah Horne; and his paternal grandparents, Carlie and Hazel Mangrum. Darrell was a long-time member of the Clark Veneable Baptist Church of Decater, Mississippi. He was a loving husband who loved and cared for his wife through sickness and in health. He was an honorable, compassionate and loving person who will be deeply missed by all that loved and knew him. Those left to cherish his memory, in addition to his mother, are his loving wife of 17 years, Chrissondria “Chrissy” Wilson Mangrum of Man; one sister, Debra (Randy) Barrett of Decator, Mississippi; Father-in-law and Mother-in-law, Gary and Janice Wilson of Man; two brothers-in-law, Gary (Staci) Wilson of Garrett Fork and Scott (Christy) Wilson of Lyburn; three uncles, James “Cooter” Mangrum of Pearl, Mississippi, Raymond Horne and Willus Horne (Faye) both of Laurel, MS; three nephews, Brody Kitchings, Judah Wilson, and Jacob Key; nieces, Carlie Kitchings, Brilee Wilson, Alexis Cunningham, and Brendie Cunningham; and

            Whereas, It is fitting to honor James Darrell Mangrum by naming the bridge over the Guyandotte River at Bridge Street between Route 10 and E. McDonald Avenue, in Man, Logan County, the “James Darrell Mangrum 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 over the Guyandotte River at Bridge Street between Route 10 and E. McDonald Avenue, in Man, Logan County, bridge number 3033, constructed in 1986, as the “James Darrell Mangrum 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 “James Darrell Mangrum 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 wife, mother and relatives of Mr. James Darrell Mangrum.

            Delegates Longstreth, Caputo and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 39 - “Requesting the Division of Highways to name the bridge located at Barrackville, West Virginia, locally called the ‘Maple Point Bridge’, which travels over Buffalo Creek, specifically bridge number 25A183 the ‘PFC Harry Sine, Jr. Memorial Bridge’.”

            Whereas, Harry Sine was born September 25, 1949, to Harry R. Sine Sr. and Mary M. VanMeter Sine in Fairmont, West Virginia. He lived in Barrackville and was a member of the Order of the Arrow, in the Boy Scouts, and played guitar in a local band called Silver Beat Band. He attended Barrackville elementary school and was a 1967 graduate of Fairmont Senior High. He then attended Fairmont State College. Harry worked for the Fairmont-Times and Erwin Supply Company; and

            Whereas, Harry was drafted into the Army in July 1969 and received basic training at Fort Knox. Upon completion of training he was stationed at Quang Tin, South Vietnam and was a member of the U.S. Army, 23rd Infantry Division (Americal) 196th Division. He died at Quang Tin Province on December 25, 1969. He was married and had one son, Benjamin Sine. PFC Harry Sine, Jr. gave his life in the service of his country and state and his sacrifice should not go unnoticed; and

            Whereas, It is fitting to honor Harry Sine, Jr. by naming the bridge located at Barrackville, Marion County, West Virginia, locally called the “Maple Point Bridge”, which travels over Buffalo Creek, specifically bridge number 25A183 the “PFC Harry Sine, Jr. 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 located at Barrackville, West Virginia, locally called the “Maple Point Bridge”, which travels over Buffalo Creek, specifically bridge number 25A183 the “PFC Harry Sine, Jr. 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 “PFC Harry Sine, Jr. 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 Harry Sine, Jr.

Bills Introduced

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

By Delegates Gearheart, Cooper and Howell:

            H. B. 2598 – “A Bill to amend and reenact §11-14C-2 and §11-14C-9 of the Code of West Virginia, 1931, as amended, all relating to exempting heating oil for residential use from the Motor Fuel Excise Tax”; to the Committee on Finance.

By Delegates Ellem and Householder:

            H. B. 2599 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-22, relating to prohibiting recipients of state assistance under the Supplemental Nutrition Assistance Program from purchasing sugary soft drinks or carbonated beverages with such funds”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Hartman, McCuskey, Campbell, Miley, E. Nelson, Sponaugle, Skaff and Lynch:

            H. B. 2600 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-25-1, §7-25-2, §7-25-3, §7-25-4, §7-25-5, §7-25-6, §7-25-7, §7-25-8, §7-25-9, §7-25-10, §7-25-11, §7-25-12, §7-25-13, §7-25-14, §7-25-15, §7-25-16, §7-25-17, §7-25-18, §7-25-19, §7-25-20, §7-25-21, §7-25-22, §7-25-23, §7-25-24 and §7-25-25; and to amend and reenact §30-29-1 of said code, all relating to the creation of resort area districts; providing short title for article; providing legislative findings for resort area districts; defining terms; authorizing county commissions to create resort area districts; providing for petition process for creation or expansion of resort area districts; providing notice requirements for creation or expansion of resort area districts; providing that resort area districts are public corporations and political subdivisions; setting forth powers of resort area districts; authorizing resort area districts to undertake capital projects; authorizing resort area districts to levy assessments upon real property; authorizing resort area districts to borrow money and incur indebtedness; authorizing resort area districts to issue assessment bonds and resort service fee bonds; authorizing resort area districts to impose penalties for unpaid assessments; authorizing resort area districts to levy resort service fee on purchases of certain goods and services; authorizing resort area districts to provide public services; authorizing resort area districts to provide for public safety and appoint resort area rangers; providing for official name of resort area districts; providing for creation of resort area boards; setting forth powers and certain procedures for resort area boards; providing for election of resort area board members; providing election procedures for resort area boards; requiring certain resort area board members to give bond; providing notice requirements for resort area boards election; providing procedures and notice requirements for resort service fee implementation and administration; providing procedures for implementing and providing services within resort area districts; requiring adoption of budget annually; providing procedures for implementation of assessments; providing notice requirements for assessments; providing procedures for construction of capital projects; providing procedures for revision of assessments; exempting public property from assessments; providing terms for assessment bonds and resort service fee bonds; exempting assessment bonds and resort service fee bonds from state taxation; providing that indebtedness of resort area district to be paid solely from resort service fee and assessments; providing procedure for payment of assessments to sheriff; authorizing sheriff to collect delinquent assessments; providing for lien against property subject to assessment and notice thereof; providing for appointment of resort area rangers; authorizing resort area rangers to exercise authority of law-enforcement officers; requiring annual audit of resort area districts; providing for liberal construction of article; and providing that resort area rangers are considered law-enforcement officers subject to same training and requirements as other law-enforcement officers”; to the Committee on Political Subdivisions then the Judiciary.

            By Delegates D. Poling, Diserio, Staggers, Ellem, Williams, Jones, Hamilton and Ferro:

            H. B. 2601 – “A Bill to amend and reenact §17-4-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-17-7, §17-17-16 and §17-17-17, all relating to certification requirements for applicators who paint state bridges”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Boggs, Moye, Stowers, Eldridge, L. Phillips, Swartzmiller, Ferro, Pethtel, Diserio, Lynch and Young:

            H. B. 2602 – “A Bill to amend and reenact §61-7-6 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to allowing a resident of another state to carry a handgun in West Virginia if the person holds a valid permit or license to possess or carry a handgun from the other state”; to the Committee on the Judiciary.

By Delegates Morgan, Stephens, Staggers, Eldridge, Jones, Lynch, Paxton, Hartman, P. Smith, Barrett and Skinner:

            H. B. 2603 – “A Bill to repeal §48-26-404, §48-26-405, §48-26-601, §48-26-602, §48-26-901, §48-26-902, §48-26-1003, §48-26-1005, §48-26-1006 and §48-26-1007 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-26-202, §48-26-203, §48-26-204, §48-26-205, §48-26-206, §48-26-301, §48-26-401, §48-26-402, §48-26-403, §48-26-406, §48-26-603, §48-26-604, §48-26-701, §48-26-1001, §48-26-1002 and §48-26-1004 of said code; and to amend said code by adding thereto nine new sections, designated §48-26-207, §48-26-208, §48-26-209, §48-26-210, §48-26-211, §48-26-212, §48-26-213, §48-26-214 and §48-26-407, all relating to the Family Protection Services Board; revising definitions; adding definitions; revising qualifications for membership on the board; adding two new members to the board; clarifying that the two ex officio members have voting privileges; providing for appointments for unexpired terms; providing appointments for members who become disqualified; authorizing legislative rules; increasing the percentage of board funds which may be used for administrative functions; authorizing the board to develop formulas to direct funds to certain programs; prohibiting programs from falsely representing that they are licensed; authorizing the board to develop preliminary and full application forms; providing for conditional, provisional and full licenses; authorizing the board to issue licenses for up to three years; authorizing the board to issue notices to cease and desist; setting forth procedures for hearings and appeals; requiring programs to report annually to the board; and providing confidentiality protections for programs participants”; to the Committee on Government Organization then the Judiciary.

By Delegates D. Poling, Iaquinta, Ferro, Pethtel, Longstreth and Walker:

            H. B. 2604 – “A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to dangerous weapons; license to carry deadly weapons; and exempting honorably discharged veterans of the armed forces of the United States from payment of fees and costs required by this section”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

By Mr. Speaker, Mr. Thompson, and Delegate Armstead

            [By Request of the Executive]:

            H. B. 2605 – “A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to the time final wages are required to be paid to discharged employees; authorizing payment by mail if requested by the employee; providing that employers pay an employee all wages he or she earned at the time of quitting if the employee gives written notice of his or her intention to quit at least one pay period before quitting; and making other technical changes”; to the Committee on the Judiciary then Finance.

By Delegates Hartman, Campbell, A. Evans, Rowan, Boggs and Lynch:

            H. B. 2606 – “A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29-18-4a, all relating to having the salary of the executive director of the West Virginia State Rail Authority set by the authority”; to the Committee on Government Organization then Finance.

By Delegates Staggers, Morgan, Swartzmiller, R. Phillips, Diserio, Romine, Azinger, Border and Householder:

            H. B. 2607 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6C-3-2a, relating to requiring the Public Employees Grievance Board to provide training seminars for chief administrators and persons who conduct Level One hearings and conferences under the public employees’ grievance process”; to the Committee on Government Organization then the Judiciary.

By Delegates Staggers, Morgan, Swartzmiller, R. Phillips, Diserio, Romine, Azinger, Border and Householder:

            H. B. 2608 – “A Bill to amend and reenact §30-38-7 and §30-38-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §30-38A-1, §30-38A-2, §30-38A-3, §30-38A-4, §30-38A-5, §30-38A-6, §30-38A-7, §30-38A-8, §30-38A-9, §30-38A-10, §30-38A-11, §30-38A-12, §30-38A-13, §30-38A-14, §30-38A-15 and §30-38A-16, all relating to requiring appraisal management companies to be registered with the West Virginia Real Estate Appraiser Licensing and Certification Board; updating the duties, powers and rule-making authority of the board; unlawful acts; applicable law; definitions; requirements for registration, including written applications, verifications and background checks; requiring surety bonds; duties of appraisal management companies; prohibited acts; disciplinary action; hearing and notice procedures; and civil penalties”; to the Committee on Government Organization then the Judiciary.

By Delegates Gearheart, Householder, Andes, R. Phillips, Marcum, Craig, J. Nelson, Folk, Lynch, Tomblin and Eldridge:

            H. B. 2609 – “A Bill to repeal §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-8, §24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12 of the Code of West Virginia, 1931, as amended, all relating to the Alternative and Renewable Energy Portfolio Act”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

House Calendar

Third Reading

            Com. Sub. for H. B. 2471, 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; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 5), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Perdue, Pino and Skaff.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2471) passed.

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

Second ReadingCom. Sub. for H. B. 2173, Relating to funeral expenses for indigent persons; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

 

Remarks by Members

            Delegate Overington asked and obtained unanimous consent that the remarks of Delegates Butler, Faircloth, Folk, Moye, J. Nelson and R. Smith regarding Com. Sub. for H. B. 2471, 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, be printed in the Appendix to the Journal.

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Perdue, Pino and Skaff.

            At 11:27 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, February 25, 2013.

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