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House Journal


Day 00 (01-9-02013)
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Day 08 (02-20-2013)
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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)
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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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__________*__________



 

Thursday, February 28, 2013

SIXTEENTH DAY

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

 

 

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Wednesday, February 27, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Poling, Chair of the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:

            Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:

            H. B. 2354, Requiring onsite employees at certain public works construction projects to complete an Occupational Safety and Health Administration (OSHA) approved 10-hour construction safety program,

            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 Government Organization.

            In accordance with the former direction of the Speaker, the bill (H. B. 2354) was referred to the Committee on Government Organization.

            Delegate Iaquinta, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2361, Relating to the definition of “eligible veteran” for certain state training and employment preference benefits,

            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. 2361) was referred to the Committee on the Judiciary.

            Delegate Walker, Chair of the Committee on Agriculture, submitted the following report, which was received:

            Your Committee on Agriculture has had under consideration:

            H. B. 2611, Authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control,

            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. 2611) was referred to the Committee on the Judiciary.

            Delegate Hunt, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 2467, Requiring the county to reimburse a property owner of expenses incurred in contesting a reappraisal,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2467) was referred to the Committee on Finance.

            Delegate Hunt, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 2701, Secretary of State, Uniform Commercial Code,

            H. B. 2702, Secretary of State administration of the address confidentially program,

            And,

            H. B. 2558, Removing the “grandfather” clause that excepts municipal ordinances limiting the purchase, transfer, ownership, carrying, transporting, selling or storing of guns or ammunition,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2701, H. B. 2702 and H. B. 2558) were each referred to the Committee on the Judiciary.

            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. 2664, Hatfield-McCoy Regional Recreation Authority to promulgate a legislative rule relating to rules for use of the facility,

            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. 2664) was referred to the Committee on the Judiciary.

            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. 2673, Commissioner of Highways, transportation of hazardous wastes upon the roads and highways,

            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. 2673) was referred to the Committee on the Judiciary.

            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. 2559, Requiring all debt obligations of the West Virginia parkways authority to be satisfied by February 1, 2020,

And,

            H. B. 2522, Issuing a special “HATFIELD and MCCOY” license plate,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2559 and H. B. 2522) were each referred to the Committee on Finance.

            Delegate Williams, Chair of the Committee on Senior Citizen Issues, submitted the following report, which was received:

            Your Committee on Senior Citizen Issues has had under consideration:

            H. B. 2705, Bureau of Senior Services, in-home care worker registry.

            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. 2705) was referred to the Committee on the Judiciary.

            Delegate Williams, Chair of the Committee on Senior Citizen Issues, submitted the following report, which was received:

            Your Committee on Senior Citizen Issues has had under consideration:

            H. B. 2395, Relating to senior services,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2395) was referred to the Committee on Government Organization.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 2612, Authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the procedures, criteria and curricula for examination and licensure,

            H. B. 2614, Authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the Board,

            H. B. 2615, Board of Dental Examiners, relating to the expanded duties of dental hygienists and dental assistants,

            And,

            H. B. 2648, Board of Barbers and Cosmetologists, barber apprenticeships,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2612, H. B. 2614, H. B. 2615 and H. B. 2648) were each referred to the Committee on the Judiciary.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 2455, Repealing the purchasing exemption provided to the Medicaid program,

            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. 2455) was referred to the Committee on Finance.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 2649, Board of Barbers and Cosmetologists, operational standards for schools of barbering and beauty culture,

            And,

            H. B. 2669, Department of Health and Human Resources, relating to pulse oximetry newborn testing, 

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2649 and H. B. 2669) were each referred to the Committee on the Judiciary.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            S. C. R. 3 - “Requesting the Division of Highways to name bridge number 3-3-2.96 on Route 3 in Boone County the ‘Army Sergeant Junior Elwood Dunlap Memorial Bridge’.”

            Whereas, Sergeant Dunlap enlisted in the United States Army on January 1, 1949; and

            Whereas, Sergeant Dunlap was captured during the Korean War while serving as a sergeant with Tank Company, Second Infantry Division’s 38th Regiment on November 1, 1950, the second in the famous Indian Head Division that was the hardest hit out of the Korean Battle Front; and

            Whereas, Sergeant Dunlap was held captive for thirty-two months and returned home in August 1953 when he was twenty-four years old; and

            Whereas, Sergeant Dunlap was married to Lillian Barrickman, raised four children and had nine grandchildren, six great-grandchildren and one great-great-grandchild; and

            Whereas, Sergeant Dunlap spoke numerous times at high schools, universities and public events regarding his experiences in Korea and the honor of serving one’s country; and

            Whereas, Sergeant Dunlap passed away at age seventy-seven on December 24, 2006; and

            Whereas, It is fitting to honor Sergeant Dunlap for his commitment, dedication and service 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 bridge number 3-3-2.96 on Route 3 in Boone County the “Army Sergeant Junior Elwood Dunlap Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Army Sergeant Junior Elwood Dunlap Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of the late Sergeant Junior Elwood Dunlap.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            S. C. R. 4 - “Requesting the Division of Highways to name the Falling Rock Bridge in Boone County, bridge number 3-1-8.75, the ‘James “Eddie” Mooney Memorial Bridge’.”

            Whereas, James “Eddie” Mooney was born on December 19, 1958; and

            Whereas, James “Eddie” Mooney lived in Ashford, Boone County, West Virginia; and

            Whereas, James “Eddie” Mooney attended Sherman High School in Seth, West Virginia; and

            Whereas, James “Eddie” Mooney was a loving husband to his high school sweetheart, Sheila Kirk Mooney, for thirty-three years; and

            Whereas, James “Eddie” Mooney was a loving dad to his children Misty Case and Austin Mooney; and

            Whereas, James “Eddie” Mooney loved life and loved to laugh; and

            Whereas, James “Eddie” Mooney enjoyed taking his son hunting and fishing, and enjoyed camping and four wheeling; and

            Whereas, James “Eddie” Mooney was a member of Rumble Community Baptist Church; and

            Whereas, James “Eddie” Mooney was a lifelong coal miner; and

            Whereas, James “Eddie” Mooney lost his life at the age of fifty-one, on April 5, 2010, in Raleigh County, one of the twenty-nine miners who died in the Upper Big Branch Mine disaster; and

            Whereas, It is fitting and proper that the memory of James “Eddie” Mooney be honored by naming the Falling Rock Bridge in Boone County, bridge number 3-1-8.75, the “James ‘Eddie’ Mooney Memorial Bridge”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the Falling Rock Bridge in Boone County, bridge number 3-1-8.75, the “James ‘Eddie’ Mooney 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 ‘Eddie’ Mooney Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of James “Eddie” Mooney.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            S. C. R. 6 - “Requesting the Division of Highways to name Brinkley Bridge, bridge number 50-152-30.81 on County Route 152 in Wayne County, the ‘Wayne County Veterans Memorial Bridge’.”

            Whereas, Countless numbers of proud residents of Wayne County have answered their country’s call to duty by serving in all branches of the military; and

            Whereas, These veterans have faithfully protected their country in military actions around the globe; and

            Whereas, Many of these veterans have made the ultimate sacrifice; and

            Whereas, Veterans have returned home to Wayne County where they continue to be valuable members of their communities; and

            Whereas, It is fitting to honor Wayne County veterans for their commitment, dedication and service to their country and state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name Brinkley Bridge, bridge number 50-152-30.81 on County Route 152 in Wayne County, the “Wayne County Veterans 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 “Wayne County Veterans Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Robert E. Pasley, President, Wayne County Commission.

Bills Introduced

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

By Delegates R. Phillips, Eldridge, Miley, Boggs, White, Marcum, Stowers, O’Neal, Hartman, Hamilton and Tomblin:

            H. B. 2760 – “A Bill to repeal §8-12-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §7-1-3 of said code; to amend and reenact §8-12-5 of said code; and to amend said code, by adding thereto a new article, designated §61-7B-1, §61-7B-2, §61-7B-3, §61-7B-4, §61-7B-5 and §61-7B-6, all relating to crimes and punishment; jurisdiction, powers and duties of county commissions; general powers of municipalities and their governing bodies; uniform regulation of firearms, ammunition, and firearm accessories throughout West Virginia solely by the Legislature; legislative intent; definition; general rules relating to the regulation of firearms, ammunition and firearm accessories; remedies for unlawful regulation; providing for exceptions; and providing applicability, grand fathering clause and effective date”; to the Committee on the Judiciary.

By Delegates Morgan, Stephens, Craig, Barrett, Marshall, Guthrie, Fleischauer, Boggs, Jones and Swartzmiller:

            H. B. 2761 – “A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to the Municipal Home Rule Pilot Program and the Municipal Home Rule Board; continuing the pilot program and board until July 1, 2018; providing that two current board members shall serve as ex officio nonvoting members; updating the board’s powers; authorizing up to six additional municipalities to participate in the pilot program; setting forth requirements for municipalities to participate in the pilot program; setting forth powers of the municipalities participating in the pilot program; providing that metro governments may not participate in the pilot program; establishing a termination date of the pilot program; and clarifying the effects of ordinances and amendments passed by the municipalities participating in the pilot program”; to the Committee on Government Organization.

By Delegates Miley and Manchin:

            H. B. 2762 – “A Bill to amend and reenact §33-12B-1 and §33-12B-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-12B-4a, all relating to insurance; licensure of insurance adjusters; definitions, including a definition of “automated claims adjudication system”; and exemptions for certain individuals from adjuster licensure in this state and licensing of residents of Canada in this state”; to the Committee on Banking and Insurance then the Judiciary.

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

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

            H. B. 2763 – “A Bill to amend and reenact §16-5O-2 of the Code of West Virginia, 1931, as amended, relating to removing an adult family care home from the definition of a facility for the purposes of the Medication Administration by Unlicensed Personnel Act”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Lawrence, M. Poling and Stowers:

            H. B. 2764 – “A Bill to amend and reenact §18-8-4 of the code of West Virginia, 1931, as amended, relating to compulsory school attendance; and extending the authority and duties of attendance directors to assistant attendance directors”; to the Committee on Education.

By Delegates Miley, Skinner, Shott, Manchin and Hunt

            [By Request of the Supreme Court of Appeals]:

            H. B. 2765 – “A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended, relating generally to child abuse and neglect; clarifying that a child who is physically healthy and presumed safe is a neglected child if the child is habitually absent from school without good cause”; to the Committee on Education then the Judiciary.

House Calendar

Third ReadingCom. Sub. for H. B. 2505, Increasing civil penalties imposed by the Public Service Commission for pipeline safety violations; on third reading, coming up in regular order, was read a third time.

            Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H. B. 2505 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 9), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Andes, Cadle, Gearheart, Hamrick, Householder, Kump and R. Smith.

            Absent and Not Voting: Miley and E. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2505) passed.

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

Second ReadingThe following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third 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.

First ReadingH. B. 2586, Relating to qualifications for a license to practice embalming; on first reading, coming up in regular order, was read a first time and ordered 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 Miley and E. Nelson.

            At 11:41 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 1, 2013.

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