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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

colorseal.jpg

 

 

 

__________*__________

 

Wednesday, February 27, 2013

FIFTEENTH 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 Tuesday, February 26, 2013 , being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.

Resolutions Introduced

            Mr. Speaker, Mr. Thompson, and Delegates Boggs, Ashley, Caputo, Craig, Ellem, Manchin, Miley, Morgan, Pasdon, D. Poling, Skaff, P. Smith, Stowers, Swartzmiller and White offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 44 - “Requesting the Joint Committee on Government and Finance study the effectiveness and efficiency of the Supreme Court Rules on the Appeals process in West Virginia.”

            Whereas, The United States Constitution and the WV Constitution provide that each citizen is guaranteed a fair hearing in the courts of this nation; and

            Whereas, There has been a review of West Virginia courts by commissions appointed by the executive branch of government; and

            Whereas, As a result of the criticism that West Virginia did not have a fair court process in that West Virginia was a discretionary appeal jurisdiction, the West Virginia Supreme Court in December of 2011 adopted new appellate rules to provide review and a written decision on each appeal filed with that court; and

            Whereas, Critics outside the State of West Virginia continue to alleged that West Virginia courts are not fair and are perceived to be unfair to litigants and harms the business climate in this state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the effectiveness and efficiency of the Supreme Court Rules on the Appeals process in West Virginia; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2014, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations in order to make certain that West Virginia’s judicial system is fair in its procedures and process for West Virginia citizens and businesses, and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegate P. Smith offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 45 - “Requesting that bridge number 21-15-8.77 on West Virginia Route 15, in Lewis County, West Virginia, be named the ‘Army PFC French E. Marsh Memorial Bridge’.”

            Whereas, French E. Marsh was born December 20, 1929, in Weston, West Virginia, the son of French Marsh and Hazel Butcher Marsh; and

            Whereas, French E. Marsh attended schools in Weston, enjoyed playing baseball, and worked for a time at the Weston Glass Factory; and

            Whereas, French E. Marsh was drafted into the United States Army at the age of eighteen; and

            Whereas, PFC French E. Marsh married Ruth Ann Butcher on January 5, 1952; and

            Whereas, PFC Marsh had a sister, Gwendly Crummit, deceased, and is survived by a brother, George Marsh of Glenville, West Virginia, and a cousin, Herbert Bean of Horner, West Virginia; and

            Whereas, PFC Marsh was killed in action against the enemy in Korea on March 30, 1953 while serving with the U. S. Army’s 31st Infantry Regiment, 7th Infantry Division; and

            Whereas, PFC Marsh, service number 52122759, was awarded the Purple Heart, the Combat Infantryman’s Badge, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal and the Korean War Service Medal; and

            Whereas, PFC Marsh was buried in Peterson Cemetery, at Weston, West Virginia; and

            Whereas, It is the desire of the Legislature to honor the memory of this native son who gave his life serving his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That bridge number 21-15-8.77 on West Virginia Route 15, in Lewis County, West Virginia, be named the “Army PFC French E. Marsh 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 PFC French E. Marsh Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to Herbert Bean, 15 Honeysuckle Road, Horner, WV.

            Delegate P. Smith offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 46 - “Requesting the Division of Highways to name bridge number 21-23-7.67 on Route 23 in Lewis County, the ‘Martha Ellen Taylor & Sons Memorial Bridge’.”

            Whereas, Martha Ellen Ratliff Taylor was born on July 18, 1881, in the Oil Creek area of Lewis County; and

            Whereas, In March 1904, Martha Ellen Taylor married the late John C. Taylor and together they raised seven sons and two daughters; and

            Whereas, Martha Ellen Taylor was the number one World War II mother of Lewis County as all seven of her sons served in the United States Armed Forces at the same time during World War II; and

            Whereas, Five of Martha Ellen Taylor’s sons served in the United States Army, Glenn Russell Taylor, Franklin Taylor, John Caldwell Taylor, Jr., Theodore Quinton Taylor and Archie Dale Taylor and two of her sons, William Henry Taylor and Warrick Richard Taylor, served in the United States Navy; and

            Whereas, Martha Ellen Taylor’s grandchildren included John B. Taylor, Sharon Cassady, Constance Marie Taylor, Jocelyn Lee Taylor, Martha Lou Taylor, Robert Taylor, Sheila Hicks, Ronald Taylor, Larry Taylor, Theodore Taylor, Randy Taylor, Debra Dodge, John W. Taylor, Mary Ellen Taylor, Gary Flesher, Jeannie Lynch and Martha Ellen Hays; and

            Whereas, Martha Ellen Taylor died on December 22, 1956, and is buried alongside her husband, who died in a hit and run accident in Lewis County on June 14, 1936, in the Machpelah Cemetery in Weston; and

            Whereas, It is fitting to honor Martha Ellen Taylor and her seven sons for their commitment, dedication and service to their country and their state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 21-23-7.67 on Route 23 in Lewis County, the “Martha Ellen Taylor & Sons Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Martha Ellen Taylor & Sons Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and the family of Martha Ellen Taylor.

            Delegates Hamilton, P. Smith , Skinner and Espinosa offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 47 - “Requesting the Division of Highways to name a stretch of highway in Upshur County, West Virginia, on State Route 20 from mile post 26 at the intersection of State Route 20 and U. S. Route 33 to mile post 27 the ‘Thomas B. Dunn Memorial Highway’.”

            Whereas, Thomas B. Dunn died April 24, 2012 at the Avow Hospice House in Naples, Florida. He was born January 22, 1943 in Washington, Pennsylvania, a son of the late James Lincoln and Lucille Babbitt Dunn. He married Carol Jean Campbell on July 11, 1964, and they had two daughters, Tracy Cunningham (husband Mark) and Jennifer Fluke (husband Eric) of Buckhannon. In addition to being survived by his widow and daughters, he is survived by two granddaughters, Carson Cunningham and Caroline Fluke both of Buckhannon; two grandsons, Grant Cunningham and Bryson Fluke both of Buckhannon; his precious Bichon, Lilly; one brother, Joseph L. Dunn of Washington, Pennsylvania; one sister, Ann Bridges and husband Cliff of Greensboro, North Carolina and several nieces and nephews; and

            Whereas, Thomas B. Dunn was an exceptional leader and mentor to many in the community and oil & gas industry. He was respected and loved by many. Mr. Dunn graduated from Trinity High School, Washington, Pennsylvania, Class of 1960 and West Virginia Wesleyan College with a B.A. Degree, Class of 1964. He was the third generation in the oil and gas business. In his early years he worked in the field for Union Drilling, Inc., a drilling contractor and producer in the Appalachian Basin. After graduation from college, he worked full-time at Union Drilling, Inc. in Buckhannon, as Lease and Right-of-Way Agent, eventually working into the supervision of well completion. He became President of Union Drilling, Inc. in 1972, and held the position until 1987. He founded D-Aspen, Inc. in 1986 and served as president from 1986-1996. He founded Tuscany Gas, LLC in 1996 and served as a member. He co-founded Phoenix Diversified Ventures, Inc. in 1987 and served as President. He co-founded Phoenix Energy Sales Company in 1995 and served as president; co-founded T & F Operating, Inc. in 1998 and serves as President. He co-founded T & F Exploration, LP in 1998 and served as Limited Partner. At the time of his death he held membership in: Independent Oil & Gas Association of WV (IOGA WV), Pennsylvania Independent Oil & Gas Association (PIOGA), Independent Petroleum Association of America (IPAA), Ohio Oil & Gas Association (00GA), West Virginia Oil & Natural Gas Association (WVONGA), and the Society of Petroleum Engineers, Inc. He served IOGA WV as past president, as a member of the board of directors and a member of various committees. He served IPAA as Regional Governor, Director, Area Vice President, member of Executive Committee, and member of the Board of Governors, Roustabout Club charter member. He served WVONGA as past president, and was a member of the board of directors. He was former Vice President of Virginia Oil & Gas Association; former member of New York State Oil Producers Association, Inc.; actively participated in other states' associations. Thomas B. Dunn served Appalachian Energy Group (AEG) as President for several terms. He was a member of Board of Directors of St. Joseph's Hospital Foundation and a former member of the Board of Trustees of West Virginia Wesleyan College. He was a founding member of Naples National Golf Club and The Old Collier Golf Club both in Naples, Florida. He was involved in Buckhannon/Upshur County, West Virginia civic organizations, including one of the five who arranged initial broad community funding for the current Upshur County Development Authority. He was a former member of the West Virginia National Guard, Kappa Alpha Order Fraternity and was instrumental in the Buckhannon Parks & Recreational Complex. Thomas B. Dunn was recognized for his service to the Industry by Oil & Gas Associations and service to the community. He was the West Virginia Oil & Gas Man of the Year, 1982. He received the West Virginia Wesleyan College Alumni Award, 1982. He was the Buckhannon Business & Professional Women's Club Outstanding Employer of the Year, 1985. And, he was one of the two initial recipients of IOGA WV Distinguished Service “Gunslinger” Award, 1992. And, he greeted President George W. Bush upon his arrival at Morgantown Municipal Airport, Morgantown, West Virginia, July 4, 2005; and

            Whereas, When Thomas B. Dunn died of cancer in Naples, Florida in April, 2012, he left behind invaluable, often unknown contributions to the oil and gas industry, as well as to the Upshur County community. He was a man of boundless generosity, selfless, sacrificing and always smiling. Most of all, he was a wonderful and loving husband, father and grandfather who cherished his family more than anything. The contributions of this man to his community and industry should not go unnoticed; and

            Whereas, It is fitting to honor Thomas B. Dunn by naming a stretch of highway in Upshur County, West Virginia, on State Route 20 from mile post 26 at the intersection of State Route 20 and U. S. Route 33 to mile post 27 for Thomas B. Dunn; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name a stretch of highway in Upshur County, West Virginia, on State Route 20 from mile post 26 at the intersection of State Route 20 and U. S. Route 33 to mile post 27 the “Thomas B. Dunn Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the stretch of highway as the “Thomas B. Dunn Memorial 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 to the surviving widow, children and relatives of Thomas B. Dunn.

            Mr. Speaker, Mr. Thompson, and Delegates Marcum, White, Stowers, Eldridge, R. Phillips and Tomblin offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 48 - “Requesting the Division of Highways to name bridge number 30-3/5-20.12 on County Route 3/5 in Mingo County, the ‘Albert & Peggie Maynard Memorial Bridge’.”

            Whereas, Both Albert Maynard and Peggie Maynard were born in 1894; and

            Whereas, Albert and Peggie Maynard lived their entire lives in Mingo County; and

            Whereas, Albert and Peggie Maynard raised ten children, Hazel, Roland, Blanche, Frankie, John B., Ray, Martha, Willis, Ken and Ernest; and

            Whereas, Albert Maynard was a hard worker for the United Fuel Company, was a great citizen of the county and gave back to his community; and

            Whereas, Peggie Maynard served as the area postmaster; and

            Whereas, Albert Maynard passed away in 1969 and Peggie Maynard passed away in 1981; and

            Whereas, It is fitting to honor Albert and Peggie Maynard for their commitment, dedication and service to their county and state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 30-3/5-20.12 on County Route 3/5 in Mingo County, the “Albert & Peggie Maynard Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Albert & Peggie Maynard Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and the family of Albert and Peggie Maynard.

            Delegates Perdue, Perry and Ellington offered the following resolution, which was read by the Clerk as follows:

            H. R. 13 - “Designating February 27, 2013, as ‘Disability Advocacy Day’.”

            Whereas, There are more than 400,000 West Virginians with disabilities; and

            Whereas, People with disabilities have the right to live, work and fully participate in their communities and realize their dreams and goals; and

            Whereas, West Virginia’s citizens with disabilities have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and

            Whereas, The Fair Shake Network has developed a statewide network concerned with all types of disabilities and all age groups, providing opportunities for people to learn from each other and take action together; and

            Whereas, Such organizations as the Appalachian Center for Independent Living, Mountain State Centers for Independent Living, Northern West Virginia Center for Independent Living, West Virginia Developmental Disabilities Council, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services, West Virginia Parent Training and Information Project, West Virginia University Center for Excellence in Disabilities, Upper Potomac Area Agency on Aging, West Virginia Alliance for Sustainable Families, Van Lifts Unlimited, West Virginia Human Rights Commission, Job Squad, Autism Training Center, West Virginia State Rehabilitation Council, West Virginia Mental Health Consumers Association, West Virginia Commission for the Deaf and Hard of Hearing and West Virginia Advocates have joined together to help increase public awareness of issues involving the many concerns of West Virginians’ with disabilities; and

            Whereas, The purpose of Disability Advocacy Day is to increase the awareness of legislators, administrations, policymakers and the public of the public policy issues that are important to people with disabilities; therefore, be it

            Resolved by the West Virginia House of Delegates:

            That February 27, 2013, is hereby declared “Disability Advocacy Day” in West Virginia; and, be it

            Further Resolved, That the Clerk of the House forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 13) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

            Delegate Lane offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 14 - “Amending the rules of the House of Delegates, relating to requiring that a Jobs Impact Statement be attached to proposed legislation affecting employment or taxes in the state.”

            Resolved by the West Virginia House of Delegates:

            That the Rules of the House of Delegates be amended by adding thereto a new rule as follows:

Jobs Impact Statement

            95c. Prior to consideration, by the House or by any of its committees, of a bill that increases or decreases the revenue or fiscal liability of individual citizens, employers, the state or any of its political subdivisions or in any manner changes or modifies an existing tax or rate of taxation or in any manner proposes to enact, amend or repeal a provision generally relating to employment within the state, the bill shall have attached to it a Jobs Impact Statement. The statement must conform to the requirements of form and content as prescribed by the Jobs Impact Statement Manual prepared and adopted by the Committee on Rules.

            When required, it is the responsibility of the member introducing the bill to obtain the Jobs Impact Statement.

            This rule does not prohibit consideration of a bill where, in the opinion of the chairman of the committee to which the bill has been referred or in the opinion of the Speaker, a reasonable amount of time has transpired between when a Jobs Impact Statement was requested and no statement, or an incomplete one, has been provided.

            The phrase “Jobs Impact Statement” or the initials “JS” must be clearly stamped or endorsed on the jackets of all bills that have statements attached to them.

            No act is void or voidable for noncompliance with this rule.

            This rule takes effect on January 8, 2014.

            Delegates Manypenny, Campbell, Canterbury, Diserio, Eldridge, A. Evans, Ferro, Fleischauer, Fragale, Guthrie, Hartman, Jones, Longstreth, Lynch, Moye, L. Phillips, R. Phillips, M. Poling, Poore, Reynolds, Romine, Skinner, R. Smith, Sponaugle, Stephens, Stowers, Tomblin, Walker, Walters, Wells, White and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 15 - “Expressing support of the House of Delegates urging Congress to enact H. R. 129, the ‘Return to Prudent Banking Act of 2013’.”

            Whereas, An effective monetary and banking system is essential to a properly functioning economy; and

            Whereas, An effective monetary and banking system must function in the public interest without bias; and

            Whereas, The Federal Banking Act of 1933, commonly referred to as the Glass-Steagall Act, protected the public interest in matters dealing with the regulation of commercial and investment banking and insurance companies and securities firms; and

            Whereas, The Glass-Steagall Act was repealed in 1999, permitting members of the financial industry to exploit the financial system for their own selfish gain without regard of the public interest; and

            Whereas, Many of the financial industry entities were saved by the United States Treasury at a cost of billions of dollars to American taxpayers; and

            Whereas, Within the hundreds of pages of the Dodd-Frank Wall Street Reform Act, there are no prohibitions preventing "too big to fail" financial services organizations from investing in or undertaking substantial risks in trillions of dollars of derivative contracts; and

            Whereas, The American taxpayers continue to be at risk for the next round of bank failures with enormous risks undertaken by financial services conglomerates; and

            Whereas, Congresswoman Marcy Kaptur has introduced H.R. 129, known as the Return to Prudent Banking Act of 2013, to reinstate the provisions of the Glass-Steagall Act; and

            Whereas, H.R. 1489, the identical bill in the 112th Congress, gained eighty-four bipartisan cosponsors; and

            Whereas, It is vital that the same bill be introduced in the United States Senate; and

            Whereas, Glass-Steagall has received wide national support, the AFL-CIO, the American Federation of Teachers, the International Association of Machinists, from prominent economic and business leaders, including Thomas Hoenig of FDIC, Sanford Weill, former CEO of Citibank and economist Luigi Zingales to the New York Times, the St. Louis Post Dispatch, the Los Angeles Times; therefore, be it

            Resolved by the West Virginia House of Delegates:

            That the House of Delegates hereby strongly urges the United States Congress to enact H.R. 129, pending before the 113th Congress, to reinstate the restrictions of the Banking Act of 1933, commonly referred to as the Glass-Steagall Act, that prohibited commercial banks and bank holding companies from investing in stocks, underwriting securities or investing in or acting as guarantors in derivative transactions, in order to prevent American taxpayers from again being called upon to fund hundreds of billions of dollars to bail out financial institutions; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to President of the United States, the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, congressional delegates of each state in the United States and each member of West Virginia’s congressional delegation.

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. 2586, Relating to qualifications for a license to practice embalming,

            And reports the same back with the recommendation that it do pass.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2584, Relating to licensing board accounts,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2584) was referred to the Committee on Finance.

Messages from the Senate

            A message from the Senate, by

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

            Com. Sub. for S. B. 60 - “A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to requiring the name- change notice to be published after the filing of the petition; requiring the notice published to include the name to which the petitioner’s name will be changed; and providing an exception to the inclusion of the name in the publication”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 71 - “A Bill to amend and reenact §36-3-5a of the Code of West Virginia, 1931, as amended, relating to descriptions of easements and rights-of-way in deeds and similar instruments; amending the centerline method of description to include width; and clarifying that description requirement regarding easements and rights-of-way does not apply to certain leases”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 76 - “A Bill to amend and reenact §3-1-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-3-1 of said code, all relating to voting for President and Vice President; permitting voters who have moved from the state to vote for President and Vice President in certain circumstances; requiring voters who move from the state and vote for President and Vice President in the state to be removed from the voter rolls thereafter; allowing persons who move to the state to vote for President and Vice President in certain circumstances; and permitting voters to obtain an absentee ballot for President and Vice President only in certain circumstances”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2013, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 82 - “A Bill to amend and reenact §16-13A-3 of the Code of West Virginia, 1931, as amended, relating to requiring a public service board to have at least one rate-paying residential customer of the public service district on its board membership”; which was referred to the Committee on Government Organization. 

Bills Introduced

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

By Delegates Walters, E. Nelson, Raines and Frich:

            H. B. 2743 – “A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to consolidating purchasing by county boards of education through the regional education service agency serving their areas”; to the Committee on Education then Finance.

By Delegates Walters, Raines and Frich:

            H. B. 2744 – “A Bill to amend and reenact §18-30-2 and §18-30-9 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia College Prepaid Tuition and Savings Program Act; and allowing a tax deduction for all prepaid tuition contracts or college savings plans regardless of whether they are administered by the board of the college prepaid tuition and savings program”; to the Committee on Education then Finance.

By Delegates Walters, Raines and Frich:

            H. B. 2745 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to exempting students attending state colleges or universities in undergraduate programs and graduates of undergraduate programs of state institutions of higher learning for the first two tax years postgraduation from the payment of state income tax; providing that students attending state institutions and enrolled in undergraduate programs and undergraduate graduates of state institutions for the first two years after graduating shall pay seventy-five percent of any state income tax that they otherwise would owe to the particular institution or other corporate creditor from which the student or graduate obtained student loans to attend the state institution of higher learning”; to the Committee on Education then Finance.

By Delegates Craig, Stephens, Morgan, Perry, Iaquinta, Ferro, Pethtel, Fragale, Longstreth, Sumner and Miller:

            H. B. 2746 – “A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to extending the Teachers’ State Minimum Salary Schedule and equity supplements from thirty-five to forty years”; to the Committee on Education then Finance.

By Delegates Morgan, Stephens, Caputo and Craig:

            H. B. 2747 – “A Bill to amend and reenact §6-9A-2 and §6-9A-3 of the Code of West Virginia, 1931, as amended, all relating to Open Governmental Proceedings; defining terms; clarifying existing notice requirements; requiring agencies to electronically file public meeting notices with the Secretary of State for publication on Secretary of State’s website; eliminating the requirement that state agency meeting notices be filed in the State Register; specifying that agency rules on filing notices comply with the Open Governmental Proceedings Act and Ethics Commission Committee on Open Governmental Meetings opinions; and providing procedural rule-making authority”; to the Committee on Government Organization then the Judiciary.

By Delegates Ellem, Lane, Armstead and Anderson:

            H. B. 2748 – “A Bill to amend and reenact §6B-3-4 of the Code of West Virginia, 1931, as amended, relating to requiring the reporting and publication of all compensation, including the source of that compensation, paid to lobbyists for all lobbying activities”; to the Committee on the Judiciary.

By Delegates Perdue, Perry, Staggers, Campbell, Moye, Miller, Pasdon, Storch and Ellington

            [By Request of the Department of Health and Human Resources]:

            H. B. 2749 – “A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-4-19 of said code, all relating to removing the limitations on billing patients for HIV and sexually transmitted disease testing done by state or local public health agencies; and clarifying provisions relating to performing HIV or STD tests on persons accused of a sexual offense”; to the Committee on Health and Human Resources then Finance.

By Delegates Perdue, Perry, Eldridge, Ellington and Lawrence:

            H. B. 2750 – “A Bill to repeal §30-4-8a, §30-4-10a, §30-4-25, §30-4-26, §30-4-27, §30-4-28 and §30-4-29 of the Code of West Virginia, 1931; to repeal §30-4A-6a, §30-4A-6b, §30-4A-6c, §30-4A-6d and §30-4A-18 of said code; to repeal §30-4B-5, §30-4B-6, §30-4B-7 and §30-4B-8 of said code; to amend and reenact §30-4-1, §30-4-2, §30-4-3, §30-4-4, §30-4-5, §30-4-6, §30-4-7, §30-4-8, §30-4-9, §30-4-10, §30-4-11, §30-4-12, §30-4-13, §30-4-14, §30-4-15, §30-4-16, §30-4-17, §30-4-18, §30-4-19, §30-4-20, §30-4-21, §30-4-22, §30-4-23 and §30-4-24 of said code; to amend and reenact §30-4A-1, §30-4A-2, §30-4A-3, §30-4A-4, §30-4A-5, §30-4A-6, §30-4A-7, §30-4A-8, §30-4A-9, §30-4A-10, §30-4A-11, §30-4A-12, §30-4A-13, §30-4A-14, §30-4A-15, §30-4A-16 and §30-4A-17 of said code; and to amend and reenact §30-4B-1, §30-4B-2, §30-4B-3 and §30-4B-4 of said code, all relating to the practice of dentistry; prohibiting the practice of dentistry without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, certification and permit requirements; creating a scope of practice; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirements for the display of a board authorization; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and updating references”; to the Committee on Government Organization then the Judiciary.

By Delegates Perdue, Perry, Campbell, Ellington, Lawrence, Moye, Staggers and Storch

            [By Request of the Department of Health and Human Resources]:

            H. B. 2751 - “A Bill to amend and reenact §48-18-132 of the Code of West Virginia, 1931, as amended, relating to locating parents for the purpose of establishing paternity, establishing or modifying a support order, enforcing support orders or distributing support; information required from telephone and cellular telephone companies”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Overington, Andes, Cowles, Kump, Faircloth, Householder and McCuskey:

            H. B. 2752 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5A-12, relating to exempting construction performed on behalf of educational authorities from prevailing wage requirements”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Overington, Andes, Cowles, Kump, Faircloth and Householder:

            H. B. 2753 – “A Bill to amend and reenact §21-5A-5 of the Code of West Virginia, 1931, as amended, relating to establishing prevailing hourly rates to be used in connection with the construction of public improvements; and providing appeal to county commission”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

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

            [By Request of the Executive]:

            H. B. 2754 – “A Bill to amend and reenact §11-15A-1 of the Code of West Virginia, 1931, as amended, relating to further defining a retailer engaging in business in this state for purposes of sales and use taxes; specifying that any retailer in a unitary business with an entity in this state is included within the definition; and providing effective date”; to the Committee on Finance.

By Delegates Perdue, Perry, Arvon, Border, Ellington, Marshall, Moore, Poore and Storch:

            H. B. 2755 – “A Bill amend and reenact §30-7B-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-7B-10, all relating to certified professional midwives; and requiring the reporting of specified information”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Perdue, Perry, Arvon, Border, Ellington, Marshall, Moore, Moye, Poore and Staggers:

            H. B. 2756 – “A Bill to amend and reenact §5F-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5F-2-1 of said code, all relating to the reorganization of government; removing the Bureau of Medical Services from under DHHR; making Bureau of Medical Services its own department; and moving the office of Healthy Lifestyle under the new department”; to the Committee on Health and Human Resources then Finance.

By Delegates Sponaugle, Hartman, Lynch, Skinner, A. Evans, Espinosa, Reynolds, Azinger, Stowers, R. Phillips and Andes:

            H. B. 2757 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3 and §19-20C-4, all relating to the creation of a civil cause of action in magistrate court for the purpose of seeking euthanization of a violent dog; elements of action; proceeding; attorney fees; limitations of action; and order of the court”; to the Committee on the Judiciary.

By Delegates Ellem, Poore, Fleischauer, Miley, Skinner, Sponaugle, Hunt, Manchin, Hamilton, Manypenny and Marcum:

            H. B. 2758 – “A Bill to amend and reenact §62-1E-1, §62-1E-2 and §62-1E-3 of the Code of West Virginia, 1931, as amended, all relating to eyewitness identification; defining terms; increasing requirements for performing an eyewitness identification; authorizing mandatory legislative rule-making authority for creating additional requirements and expanding upon current requirements in all aspects of eyewitness identification; requiring the legislative rules to include consequences for noncompliance, training requirements, policy requirements and the creation of a model policy; stating that the rules shall be created by the Governor’s committee on crime, delinquency and correction in consultation with certain eyewitness identification practitioners and experts; and requiring the State Police to create certain educational materials associated with eyewitness identification”; to the Committee on the Judiciary.

By Delegates Staggers, Perry, L. Phillips, R. Phillips, Tomblin, Stowers, Eldridge, Moye, M. Poling, Marcum and White:

            H. B. 2759 – “A Bill to amend and reenact §16-4C-8 of the Code of West Virginia, 1931, as amended, relating to standards for emergency medical service personnel; and providing that no fees be charged to certify or recertify an Emergency Medical Technician - Miner”; to the Committee on Health and Human Resources then Finance. House Calendar

Third ReadingH. B. 2477, Permitting certain auxiliary lighting on motorcycles; 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. 8), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: Craig.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2477) 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. 2505, Increasing civil penalties imposed by the Public Service Commission for pipeline safety violations; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            Com. Sub. for H. B. 2314, Authorizing a family court judge to order a child to be taken into custody in emergency situations,

            And,

            H. B. 2487, Prohibiting the use of laetrile.

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Craig.

            At 11:31 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 28, 2013.

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