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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

colorseal.jpg



__________*__________



 

Friday, March 1, 2013

SEVENTEENTH 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 28, 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

            Delegates Border, Anderson, Armstead, Sumner, Sobonya, Miller, A. Evans, Ellem, Azinger, D. Poling, Perdue, Andes, Arvon, Ashley, Barill, Barrett, Boggs, Butler, Cadle, Canterbury, Cooper, Cowles, Craig, Eldridge, Ellington, Espinosa, D. Evans, Faircloth, Ferns, Ferro, Fleischauer, Folk, Frich, Guthrie, Hamilton, Hamrick, Hartman, Householder, Howell, Hunt, Ireland, Jones, Lane, Lawrence, Longstreth, Lynch, Manypenny, Marshall, McCuskey, Miley, Moore, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Paxton, Perry, L. Phillips, R. Phillips, Pino, M. Poling, Poore, Raines, Reynolds, Romine, Rowan, Shott, Skinner, P. Smith, R. Smith, Sponaugle, Staggers, Stephens, Storch, Stowers, Tomblin, Walker, Walters, Westfall and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 49 - “Requesting the Division of Highways to rename the new South Mineral Wells bridge over Tygart Creek on County 54, Route 14, near Mineral Wells, Wood County, the ‘Delegate Larry Border Memorial Bridge’.”

            Whereas, Delegate Larry Border was born on June 3, 1951 in Parkersburg, West Virginia and passed away on June 8, 2011; and

            Whereas, Delegate Larry Border was educated in the Wood County schools, and graduated from Parkersburg High School with the Class of 1970; and

            Whereas, Delegate Larry Border earned his doctorate from the West Virginia University School of Pharmacy in 1975; and

            Whereas, Delegate Larry Border is survived by his loving wife of thirty-eight years, Delegate Anna Border, their children Heather, Rebecca and Christopher and seven grandchildren; and

            Whereas, Delegate Larry Border was a lifelong resident of Wood County, and, along with his wife, resided on a working farm in Davisville, West Virginia; and

            Whereas, Delegate Larry Border was a practicing retail pharmacist for over thirty-five years; and

            Whereas, Delegate Larry Border served as a member of the Wood County Planning Commission for over eighteen years; and

            Whereas, Delegate Larry Border was a member of the Parkersburg Lions Club, a “Melvin Jones Fellow,” a three-term president of the Eastwood Lions Club and served on the cabinets of a number of District 29L Governors; and

            Whereas, Delegate Larry Border served as a member of the West Virginia House of Delegates for twenty-one years, serving as Minority Whip, Minority Chairman of the House Health and Human Resources Committee and a member of the House Finance, Rules and Agriculture Committees; and

            Whereas, Delegate Border earned the nickname “Den Mother” for his unfailing support and guidance of legislators, and his extra efforts to mentor young people and nurture their interest in public service; and

            Whereas, Delegate Border was described as an “experienced statesman, known for his intelligence, inquisitiveness and wit”; and

            Whereas, Delegate Border was instrumental in placing the road between Mineral Wells and Elizabeth, West Virginia; and

            Whereas, It is fitting and proper, that Delegate Larry Border be remembered and acknowledged for his spirit, statesmanship and his long-time and generous service to his family, to his community, to the West Virginia Legislature and to the State of West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the new South Mineral Wells bridge over Tygart Creek on County 54, Route 14, near Mineral Wells, Wood County, the “Delegate Larry Border 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 “Delegate Larry Border 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 family of Delegate Larry Border.

            Delegates Storch, Ferns, Mr. Speaker, Mr. Thompson, Ambler, Anderson, Arvon, Ashley, Azinger, Barill, Barrett, Boggs, Border, Butler, Cadle, Campbell, Caputo, Cooper, Cowles, Craig, Diserio, Eldridge, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferro, Fleischauer, Folk, Fragale, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hartman, Householder, Howell, Hunt, Iaquinta, Ireland, Jones, Lane, Lawrence, Longstreth, Lynch, Manypenny, Marcum, Marshall, McCuskey, Miley, Miller, Moore, Morgan, Moye, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Perdue, Perry, Pethtel, R. Phillips, Pino, M. Poling, Poore, Raines, Reynolds, Romine, Rowan, Shott, Skaff, Skinner, R. Smith, Sobonya, Sponaugle, Staggers, Stephens, Stowers, Swartzmiller, Tomblin, Walker, Walters, Wells, Westfall, White, Williams and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 50 - “Requesting the Joint Committee on Government and Finance to schedule the June 2013 Legislative Interim Committee meetings in Wheeling during the week of June 20.”

            Whereas, On June 20, 2013 the State of West Virginia celebrates the sesquicentennial of its birth as a state; and

            Whereas, Wheeling was the site of West Virginia’s first capitol; and

            Whereas, The Legislature recognizes it is fit and proper to acknowledge and honor the city of Wheeling’s significance in the history of West Virginia’s statehood; and

            Whereas, On June 20, 2013 the state’s Division of Culture and History will sponsor “150 Years: West Virginia Sesquicentennial Celebration!” in Wheeling, a day-long series celebrating West Virginia’s statehood, including Civil War re-enactments, historic speeches and other events; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to schedule the June 2013 Legislative Interim Committee meetings in Wheeling.

            Delegates Kump, Ellem, Rowan, Hamilton, Miller, Householder, Sumner, Ambler, Anderson, Armstead, Arvon, Ashley, Border, Butler, Cadle, Cooper, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Hamrick, Howell, Ireland, McCuskey, J. Nelson, Overington, Pasdon, Raines, Romine, Shott, R. Smith, Sobonya, Storch and Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 51 - “Requesting the Joint Committee on Government and Finance study the economic impact of federal laws and regulations upon the sovereign rights of the State of West Virginia and our citizens.”

            Whereas, The Legislature desires to provide the citizens of this state their rights as guaranteed by the Tenth Amendment to the United States Constitution; and

            Whereas, A need exists to analyze the benefits and costs associated with the mandates of various federal laws and regulations; and

            Whereas, The Legislature needs to examine the effect of these laws and regulations on development opportunities, taxpayer spending and potential taxpayer savings; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the economic impact of federal laws and regulations in West Virginia; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; 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.

            Delegates Walker, Iaquinta, Perry, Boggs and Fleischauer offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 52 - “Requesting the Division of Highways to name a specific stretch of road on WV Route 16 in Calhoun County, West Virginia, specifically, that stretch of road beginning at the county line of Clay and Calhoun counties and continuing to the junction of WV Route 16 and US Route 33, the ‘Richardson Brothers’ Memorial Highway, United States Army, World War II’.”

            Whereas, Jack Lewis Richardson and Barbara Ellen (Fields) Richardson of Calhoun County, West Virginia, gave birth to four boys between the years 1914 and 1924, known collectively as the “Richardson Brothers”; and

            Whereas, All of the Richardson Brothers were born and raised in the hills of Calhoun County and attended Metheny Ridge Elementary; and

            Whereas, All of the Richardson Brothers left their rural Calhoun County to join the United States Army in order to protect the freedoms of our nation and the world in World War II; and

            Whereas, The oldest of the brothers, Jack Lacy Richardson, born on February 23, 1914, was inducted into the United States Army on December 5, 1942, and served until the date of his honorable discharge on November 20, 1945, reenlisting on November 21, 1945 and, again, honorably discharged, as a private first class, on February 19, 1946; and

            Whereas, When on a tour of duty in Germany, Jack Lacy Richardson was missing in action for 183 days, receiving a medal for this in addition to a Victory Ribbon for his military service; and

            Whereas, At the time of his discharge from the United States Army, Jack Lacey Richardson returned to West Virginia, settling in Glen, Clay County, working as a construction worker, marrying and fathering three children, one son and two daughters; and

            Whereas, Jack Lacey Richardson died on April 5, 1990, at the Veteran’s Hospital in Beckley, West Virginia, and is buried at Hoover Cemetery in Braxton County, West Virginia; and

            Whereas, The next eldest Richardson brother, Asa R. Richardson, was born on April 21, 1919, entered the United States Army on June 17, 1941, and served his country as a private first class until the date of his honorable discharge of October 6, 1945; and

            Whereas, While serving in the United States Army, Asa R. Richardson was a scout paratrooper, a combat infantryman and a rifle expert, serving in campaigns in the southern Philippines and in New Guinea; and

            Whereas, Asa R. Richardson received several awards and decorations including the Asiatic-Pacific Theater Ribbon with two Bronze Stars, the Bronze Arrowhead, the American Defense Service Medal, the Philippine Liberation Ribbon with Bronze Star and, not least of all, the Purple Heart with Oak Leaf Cluster; and

            Whereas, Following his honorable discharge from the United States Army, Asa R. Richardson returned to Calhoun County, West Virginia, and then to Norton, Virginia; and

            Whereas, Asa R. Richardson was employed in the timber industry, married and fathered six children, four boys and two girls; and

            Whereas, Asa R. Richardson died in 1963 and is buried in Stone Gap Military Cemetery in Virginia; and

            Whereas, The next born Richardson Brother was Bill W. Richardson, born in 1922 in Calhoun County, West Virginia, and entering the United States Army on October 6, 1942; and

            Whereas, Bill W. Richardson is the only Richardson brother who did not return from the war, dying in action on May 14, 1943, in the North African Area; and

            Whereas, Bill W. Richardson, a private, was awarded the Purple Heart for Military Merit and for Wounds Received in Action; and

            Whereas, The youngest of the Richardson Brothers was Thomas Junior Richardson, born on September 12, 1924, in Calhoun County; and

            Whereas, Thomas Junior Richardson was inducted into the United States Army on December 5, 1942, receiving an honorable discharge, as a private, on June 27, 1945; and

            Whereas, While in the United States Army, Thomas Junior Richardson served in campaigns in Normandy, Northern France and Rhineland; and

            Whereas, Thomas Junior Richardson was awarded the Purple Heart and the European African Eastern Theater Medal; and

            Whereas, Following his honorable discharge from the United States Army, Thomas Junior Richardson returned to West Virginia, residing at Dille in Clay County, working in the coal mines, marrying and having four children, two sons, one stepson and one stepdaughter; and

            Whereas, The last of the Richardson Brothers, Thomas Junior Richardson passed away in the year 2006; and

            Whereas, The Richardson Brothers should be acknowledged and honored by their home state for all coming forward, out of the safe hills of Calhoun County at the time of the nation’s and the world’s need, prepared to sacrifice their life in order to protect the freedoms of the nation and the world; and

            Whereas, Of the four, only three returned from the war, providing an even greater justification for honoring these brave and selfless Richardson men; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name that stretch of road beginning at the county line of Clay and Calhoun counties and continuing to the junction of WV Route 16 and US Route 33, the “Richardson Brothers’ Memorial Highway, United States Army, WWII”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to cause to have made two signs that state, in bold and prominent lettering, the “Richardson Brothers’ Memorial Highway, United States Army, WWII”, and to erect these signs on either end of the specific stretch of road at locations most easily read by vehicular traffic on WV Route 16; 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 Richardson Brothers’ nephew, Mr. John Morris of Chloe, West Virginia.

            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. 53 - “Requesting the Division of Highways to name the bridge crossing Pine Creek at Omar, Logan County, bridge number 119-5-0.23, the ‘Oral Gene Castle Bridge’.”

            Whereas, Oral Gene Castle was born on March 23, 1932, in Betsy Lane, Kentucky, the son of Charles Benny Castle and Gladys McCoy Castle; and

            Whereas, In 1935, Oral Gene moved with his family to Island Creek when he was three years old; and

            Whereas, Oral Gene joined the Army in 1952 and was honorably discharged with the rank of Corporal in 1954; and

            Whereas, In 1955, Oral Gene married Nadine Curry; and

            Whereas, Oral Gene and Nadine have three children, Tenna Castle Browning, Deidra Castle Summers and Oral Gene Castle, Jr.; and

            Whereas, Oral Gene and Nadine reside in Switzer and attend the Walnut Grove Free Will Baptist Church; and

            Whereas, It is only fitting that we name this bridge in Oral Gene's name to acknowledge his many years of service to family, friends and community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge crossing Pine Creek at Omar, Logan County, bridge number 119-5-0.23, the “Oral Gene Castle 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 “Oral Gene Castle 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 Oral Gene Castle.

            Delegates Howell, Ambler, and Canterbury on Behalf of All Members of the House offered the following resolution, which was read by the Clerk as follows:

            H. R. 16 - “Memorializing the life of the Honorable J. Richard Campbell, educator, civic leader, veteran, and a man of great experience.”

            Whereas, J. Richard Campbell was born August 10, 1921, in Dawson, Greenbrier County, West Virginia, the son of the late John Lee and Lilly Dale Campbell; and

            Whereas, J. Richard Campbell attended the public schools of Greenbrier County having graduated from Smoot High School. Dick also graduated from the Greenbrier Military School and received a B. S. in Industrial Arts and Social Studies from West Virginia Institute of Technology and a M.S. in School Administration from West Virginia University. In addition, he attended Marshall University, Oklahoma State Middle Management, Boston, Massachusetts, and Central Connecticut State; and

            Whereas, J. Richard Campbell was a U. S. Army World War II veteran, having served in the Persian Gulf Command from July, 1942, to November, 1945; and

            Whereas, On July 28, 1945, Dick married Margaret Hobbs, who preceded him in death on November 15, 2011, and with whom he shared the joy of having five children, Mary Margaret, Tom, John, Dale, and Cassandra; and

            Whereas, J. Richard Campbell was further blessed with ten loving grandchildren and four great grandchildren; and

            Whereas, The Honorable J. Richard Campbell was elected to the West Virginia House of Delegates representing Greenbrier County in 1958; and

            Whereas, J. Richard Campbell enjoyed a rich and varied life, which included teaching at Woodrow Wilson High School in Beckley, being an Assistant Principal in Greenbrier County, supervising vocational education for the Department of Justice, Bureau of Prisons in Danbury, Connecticut, and teaching an apprenticeship class at the Henry Abbot Vocational Technical School in Danbury. Dick was also the first Director of the Mineral County Vocational Technical School and retired in 1984 as the Superintendent of Mineral County Schools; and

            Whereas, Dick was a member of various organizations including the Keyser Rotary Club, Chamber of Commerce, Davis Lodge 51, AF & AM, Potomac Highlands, Mountaineers for Rural Progress, VFW Post 3518, First United Methodist Administrative Council, and the United Methodist Men. He was also a charter member of Wolf Creek Lodge and the last surviving charter member of the Smoot Ruritan Club; and

            Whereas, Sadly, the Honorable J. Richard Campbell passed away on March 2, 2012, leaving behind a life of dedication and commitment to his family, community and state; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby memorializes the life of the Honorable J. Richard Campbell, educator, civic leader, veteran, and a man of great experience; and, be it

            Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable J. Richard Campbell; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of the Honorable J. Richard Campbell.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 16) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Committee Reports

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            H. B. 2265, Relating to the school access safety act, 

            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. 2265) was referred to the Committee on Finance.

            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. 2542, Relating to publication of the State Register,

            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. 2542) was referred to the Committee on Finance.

            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. 2567, Relating to limited partnerships,

            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. 2567) 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. 2553, Authorizing the Secretary of State to administratively dissolve certain business entities,  

            H. B. 2554, Providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations,

            And,

            H. B. 2747, Relating to Open Governmental Proceedings,

            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. 2553, H. B. 2554 and H. B. 2747) were each referred to the Committee on the Judiciary.

            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. 2585, Increasing the time to file a petition in response to notice of an increased assessment,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2585 - “A Bill to amend and reenact §11-3-15c and §11-3-15d of the Code of West Virginia, 1931, as amended, relating to increasing the time to file a petition in response to notice of an increased assessment of certain real and personal property,”

            With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

            In the absence of objection, reference of the bill (Com. Sub. for H. B. 2585) to the Committee on Finance was abrogated.

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:

             Com. Sub. for S. C. R. 5 - “Requesting the Division of Highways to name the Reader Bridge in Wetzel County, bridge number 52-48-0.01, the ‘Army Sgt. Norman R. Cunningham Memorial Bridge’.”

            Whereas, Sgt. Norman R. Cunningham was born on September 11, 1926, in Rymer, Marion County, West Virginia; and

            Whereas, Sgt. Cunningham attended Pine Grove High School; and

            Whereas, Sgt. Cunningham was drafted in 1944, at the age of 18, into the United States Army’s 77th Infantry Division; and

            Whereas, Sgt. Cunningham became a member of the Army Air Corps and served during World War II until 1947, including at Okinawa and Yokohama, Japan; and

            Whereas, During Sgt. Cunningham’s service in Japan, he attempted to save the lives of two young girls from drowning, and was recognized by the community for his efforts; and

            Whereas, Sgt. Cunningham returned home and married Martha Lou Brown of Piney, West Virginia, on January 17, 1948; and

            Whereas, Sgt. Cunningham reenlisted in the United States Air Force in 1951, and went on to serve in the Korean War with the 2750th Medical Group in France and the 75th Transport Squadron; and

            Whereas, After leaving the military in 1953, Sgt. Cunningham worked for Consolidated Natural Gas for over thirty-five years until his retirement; and

            Whereas, Sgt. Cunningham also operated a meat cutting, wrapping and storage business in Reader, and often provided his services free of charge to those who could not afford them; and

            Whereas, In 1969, Sgt. Cunningham received an award from the American Red Cross for saving the life of a Reader, West Virginia, girl after nearly drowning in Fishing Creek, just below the Reader Bridge; and

            Whereas, Sgt. Cunningham was known to all who knew and loved him as Mr. Haney, because he enjoyed buying, selling and trading anything and everything; and

            Whereas, Sgt. Cunningham was an active member of Trinity United Methodist Church of Reader and a member of the Benton M. Lowe Post 81 American Legion of Pine Grove; and

            Whereas, Sgt. Cunningham passed away in January, 2013, leaving behind his beloved wife, five children, thirteen grandchildren and fifteen great grandchildren; and

            Whereas, It is fitting and proper that the military service of Sgt. Cunningham, his service to the Reader community and his life-saving rescue under the Reader Bridge be honored by naming the Reader Bridge in Wetzel County, bridge number 52-48-0.01, the “Army Sgt. Norman R. Cunningham Memorial Bridge”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the Reader Bridge in Wetzel County, bridge number 52-48-0.01, the “Army Sgt. Norman R. Cunningham 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 “Army Sgt. Norman R. Cunningham 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 Sgt. Norman R. Cunningham.

Bills Introduced

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

By Delegates Iaquinta, Fragale, Boggs, Ellington, M. Poling, Pethtel, Ferro, Miley, Perdue, A. Evans and Perry:

            H. B. 2766 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1E-6 relating to creating the “West Virginia Winner” program to promote healthy living and improve lifestyle and increase longevity of West Virginia residents by competing in various athletic and cultural events in the fifty-five counties; providing that the program be administered by the Office of Healthy Lifestyles; and declaring who may participate in the events together with participation fees”; to the Committee on Health and Human Resources then Finance.

By Delegates Miley, Skinner, Poore, Sponaugle, Manchin, Hunt and Barill

            [By Request of the Supreme Court of Appeals]:

            H. B. 2767 - “A Bill to amend and reenact §62-15-7 of the Code of West Virginia, 1931, as amended, relating generally to requiring the Department of Health and Human Resources to pay for properly licensed, certified, or court approved programs for adult drug offenders participating in drug courts”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Fleischauer, Marshall, Barill, Moore, Perdue, Guthrie, Pasdon, Skinner, Raines, Wells and Iaquinta:

            H. B. 2768 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-45-1, §16-45-2, §16-45-3, §16-45-4 and §16-45-5, all relating to regulating tanning facilities; defining terms; setting forth requirements for registration, inspection and obtaining a permit; setting forth the duties and responsibilities of local boards of health; requiring a consent form; setting forth consent form language; creating operating standards; prohibiting the use of tanning devices by anyone under the age of eighteen; granting rule-making authority to the Department of Health and Human Resources to regulate tanning facilities; setting forth minimum requirements for the rule; and establishing criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Fleischauer, Longstreth, Sponaugle, Skinner, Lynch, Tomblin, Iaquinta, Staggers, Ireland, Diserio and Barill:

            H. B. 2769 – “A Bill to amend and reenact §18B-4-9 of the Code of West Virginia, 1931, as amended, relating to requiring state institutions of higher education to give priority registration to veterans and encourage the establishment of resource centers”; to the Committee on Veterans’ Affairs and Homeland Security then Education.

By Delegates Caputo, Longstreth, Manchin and Staggers:

            H. B. 2770 – “A Bill to amend and reenact §17A-6-7 of the Code of West Virginia, 1931, as amended, relating to permitting dealers who sell fewer than eighteen new or used motor vehicles during a year to have their dealer licenses renewed”; to the Committee on Roads and Transportation then Finance.

By Delegates Howell, A. Evans, Rowan, Espinosa, Ireland, Shott, Miller, Frich, Hamrick, Cooper and Arvon:

            H. B. 2771 – “A Bill to amend and reenact §3-5-23 of the Code of West Virginia, 1931, as amended, relating to elections; nomination certificates for minor party or independent nominations; and requiring candidates to certify the office sought by a notary public prior to obtaining signatures of registered voters”; to the Committee on the Judiciary.

By Delegates Hamrick, Staggers, Barill, Butler, Miley, L. Phillips, White, Skaff, Ferns, Skinner and Boggs:

            H. B. 2772 – “A Bill to amend and reenact §17C-3-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-11-2 of said code, all relating to permitting motorcyclists and bicyclists to safely proceed through a traffic light if they have waited a minimum of two minutes assuring that any sensor has not detected the motorcycle or bicycle”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Ferns, Storch, R. Phillips, Stowers, Skaff, Andes, Sponaugle, Marcum, Ferro, White and O’Neal:

            H. B. 2773 – “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §49-2-4, relating to state responsibilities for the protection and care of children; requiring the West Virginia Department of Health and Human Resources, Child Protective Services and the West Virginia Division of Juvenile Services to develop, coordinate and implement the Child and Adolescent Needs and Strengths (CANS), evaluation developed by the Buddin Praed Foundation as the accepted system for outcomes evaluation in the State of West Virginia; requiring the West Virginia Department of Health and Human Services to adopt certain rules and procedures to require staff members of residential and other "out-of-home" child care programs to meet qualifications; definitions; and requiring reports to the Governor and Legislature”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Howell, A. Evans, Rowan, Shott, Frich, Hamrick, Cooper, Arvon, Raines, Armstead and Pasdon:

            H. B. 2774 – “A Bill to amend and reenact §8-5-9 of the Code of West Virginia, 1931, as amended, relating to the effects of a criminal conviction and incarceration on a municipal officer; immediate removal and, if a felony, inability to hold public office again”; to the Committee on the Judiciary.

By Delegates Andes, Kump, Cowles, J. Nelson and Householder:

            H. B. 2775 – “A Bill to amend and reenact §30-27-4 of the Code of West Virginia, 1931, as amended, relating to abolishing the Board of Barbers and Cosmetologists”; to the Committee on Government Organization.

By Delegates Manypenny, Marshall, Guthrie, Fleischauer, Skinner, Barill, Moore, Perdue, Walker, Shott and Miley:

            H. B. 2776 – “A Bill to amend and reenact §59-1-10 and §59-1-11 of the Code of West Virginia, 1931, as amended, all relating to increasing certain filing fees in certain civil actions; establishing new filing fees in certain civil actions; and requiring that those new and increased fees be deposited in the existing Fund for Civil Legal Services for Low Income Persons and an amount retained by the clerk’s office”; to the Committee on the Judiciary then Finance.

By Delegates Miley, Skinner, Sponaugle, Manchin, Hunt and Barill

            [By Request of the Supreme Court of Appeals]:

            H. B. 2777 – “A Bill to amend and reenact §29-21-9 and §29-21-20 of the Code of West Virginia, 1931, as amended, all relating to Public Defender Services; authorizing family court judges to appoint counsel in contempt cases when jail commitment is possible and providing immunity to attorney appointed by family court judges”; to the Committee on the Judiciary.

By Delegates Perry, Eldridge, Williams, Moye, Staggers, Pino, Marshall, Perdue, Poore, Pasdon and Cowles:

            H. B. 2778 – “A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to defining alternative nicotine products and electronic cigarettes; prohibiting the sale of alternative nicotine products to individuals under eighteen years of age; prohibiting the use and possession of alternative nicotine products by an individual under eighteen years of age; adding alternative nicotine products to the list of products for which unannounced inspections may be conducted to ensure compliance with sales restrictions; and restricting the sale of alternative nicotine products in vending machines”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Stephens, Morgan, Fleischauer, Perdue, Reynolds, Marshall and Young:

            H. B. 2779 – “A Bill to amend the Code of West Virginia, 1931, as amended by adding there to a new article, designated §5-30-1, 5-30-2, §5-30-3, §5-30-4, and §5-30-5, all relating to state recognition of Native American tribes; defining terms; designating certain tribes as recognized by the state; establishing criteria for state recognition of additional tribes; authorizing unique trademarks for certain arts and crafts; prohibiting gambling; and providing penalty for unauthorized use of trademark”; to the Committee on Government Organization then the Judiciary.

By Delegates Miley, Skinner, Poore, Manchin, Hunt and Barill

            [By Request of the Supreme Court of Appeals]:

            H. B. 2780 – “A Bill to amend and reenact §49-5D-3 and §49-5D-3c of the Code of West Virginia, 1931, as amended, all relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services; requiring such meetings be held quarterly; authorizing the directors of detention centers to call such meetings in certain circumstances; and requiring that team members be notified that he or she may participate in team meetings electronically”; to the Committee on the Judiciary.

By Delegates Miley, Fleischauer, Skinner, Poore, Hunt and Barill

            [By Request of the Supreme Court of Appeals]:

            H. B. 2781 – “A Bill to amend and reenact §49-5-2 of the Code of West Virginia, 1931, as amended, relating to juvenile proceedings; increasing the number of certified legal education credits required to serve as a court appointed attorney in juvenile cases”; to the Committee on the Judiciary.

By Delegates Miley, Skinner, Shott, Poore, Sponaugle and Hunt

            [By Request of the Supreme Court of Appeals]:

            H. B. 2782 – “A Bill to amend and reenact §53-8-4 of the Code of West Virginia, 1931, as amended, relating generally to personal safety orders; limiting the issuance of personal safety orders for harassment; and establishing the proper venue for issuance of a personal safety order. “ to the Committee on the Judiciary.

By Delegates Miley, Skinner, Shott, Sponaugle, Manchin and Barill

            [By Request of the Supreme Court of Appeals]:

            H. B. 2783 - “A Bill to amend and reenact §51-2A-7 of the Code of West Virginia, 1931, as amended, relating generally to the powers of family court judges; and granting family court judges the authority to compel and supervise the production of criminal background investigations when appropriate”; to the Committee on the Judiciary.

By Delegates Pethtel, Jones, Craig, Canterbury, Kump, Lynch and Stowers

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 2784 – “A Bill to amend and reenact §7-14D-2, §7-14D-7, §7-14D-9, §7-14D-16 and §7-14D-19 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §7-14D-7a, all relating to the Deputy Sheriff Retirement System Act; modifying the definition of member in this article; adding a definition for the terms retire and retirement to this article; adding a new section to this article relating to correction of errors; clarifying that an estimation of benefits is provided prior to the submission of a retirement application from a member; and making technical corrections in sections sixteen and nineteen of this article”; to the Committee on Pensions and Retirement then Finance.

By Delegates Staggers, L. Phillips, Barill and Boggs

            [By Request of the Transportation Department - Division of Highways]:

            H. B. 2785 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4, §17-17B-5, §17-17B-6, §17-17B-7, §17-17B-8 and §17-17B-9, all relating to DOT-Parkways Authority Collection Enforcement; creating the "Safe and Efficient Parkways Act (SEPA);" authorizing the electronic enforcement of collection of tolls; establishing penalties for nonpayment and damage to facilities; keeping certain information collected confidential and not subject to the Freedom of Information Act; allowing limited restricted and confidential access to certain information pursuant to subpoenas and court orders on a strictly confidential basis; granting rule-making authority; and defining terms”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Miley, Skinner, Manchin, Hunt and Barill

            [By Request of the Supreme Court of Appeals]:

            H. B. 2786 – “A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to increasing the allowable number of magistrate court deputy clerks by ten”; to the Committee on the Judiciary then Finance.

By Delegates Hamilton, Barill, Cadle, Ireland, Ellem, D. Poling, Perry, Canterbury, Longstreth, A. Evans and Rowan:

            H. B. 2787 – “A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to permitting family court judges and magistrates to carry concealed handguns without a permit”; to the Committee on the Judiciary.

By Delegates Reynolds, Lawrence, Skinner, Stowers, Sponaugle, Skaff, Fleischauer, Campbell, Guthrie, Walker and Marcum:

            H. B. 2788 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-2-17, relating to a requirement that attorneys hired by the State of West Virginia for legal positions paying a salary of $100,000 or more must have a license to practice law in the state at the time of hire”; to the Committee on the Judiciary.

By Delegates M. Poling, Fragale, Miley and Iaquinta:

            H. B. 2789 – “A Bill to amend and reenact §8-15-11 and §8-15-22 of the Code of West Virginia, 1931, as amended, all relating to reinstating former fire chiefs and deputy chiefs to previously held positions in paid fire departments following an expired term as chief or deputy chief; and exempting fire chiefs and deputy chiefs from certain civil service requirements”; to the Committee on Political Subdivisions then Government Organization.

By Delegates Hartman, Eldridge, Campbell, Sponaugle, Perry, Lynch, Moore and Romine:

            H. B. 2790 – “A Bill to amend and reenact §16-13A-4 of the Code of West Virginia, 1931, as amended, relating to public service district board members; increasing the salary of public service district board members; clarifying when salary and expense payments may be made; and adding sewer service to the salary schedule for public service districts which contract with others to provide service”; to the Committee on Government Organization then Finance.

By Delegates Staggers, Longstreth, Williams, White and Perdue:

            H. B. 2791 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-12-3, relating to exempting licensed surveyors from liability for defamation or slander of title when performing their professional duties; and providing an exception”; to the Committee on the Judiciary.

By Delegates Walters and Ellem:

            H. B. 2792 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-42z, relating to creating a hunting license permitting crossbow hunting; and providing rule-making authority”; to the Committee on Natural Resources then Finance.

By Delegates Walters, Frich and Cowles:

            H. B. 2793 – “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to calculation of West Virginia adjusted gross income for personal income tax purposes; and subtracting social security benefits from federal adjusted gross income to the extent included in federal gross income for federal income tax purposes”; to the Committee on Finance.

By Delegates Reynolds, Stowers, Ferns, Sponaugle, Barrett, R. Phillips, Moye, Skaff, Guthrie, Walker and Marcum:

            H. B. 2794 – “A Bill to amend and reenact §33-17A-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting declination or termination of property insurance based solely upon a home owner’s possession of a certain breed of dog; and providing an exception”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Storch, Ferns, Ferro, Pethtel, Swartzmiller, Jones, Diserio, Romine, Miley, Pasdon and D. Evans:

            H. B. 2795 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5b, relating to reallocating and dedicating three percent of oil and gas severance tax revenues up to $20 million annually to the oil and gas producing counties of origin and their respective municipalities; establishing state and local oil and gas county reallocated severance tax funds and providing for distribution of the moneys to the county commissions and governing bodies of the municipalities by the State Treasurer; establishing amounts each oil and gas producing county and their respective municipalities are to receive; requiring the creation of local funds into which moneys are to be deposited; requiring moneys be expended solely for economic development projects and infrastructure projects; providing definitions; providing restrictions on the expenditure of moneys; providing duties of State Tax Commissioner; requiring report of expenditures to Joint Committee on Government and Finance; providing audits of distributed funds when authorized by the Joint Committee on Government and Finance; and authorizing legislative and emergency rules”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.

By Delegate Andes:

            H. B. 2796 – “A Bill to amend and reenact §6B-3-2 of the Code of West Virginia, 1931, as amended, relating to requiring lobbyists to disclose compensation agreements for each registered employer”; to the Committee on the Judiciary then Finance.

By Delegate Andes:

            H. B. 2797 – “A Bill to repeal §16-2D-1, §16-2D-2, §16-2D-3, §16-2D-4, §16-2D-4a, §16-2D-4b, §16-2D-5, §16-2D-5a, §16-2D-6, §16-2D-7, §16-2D-7a, §16-2D-8, §16-2D-9, §16-2D-10, §16-2D-11, §16-2D-12, §16-2D-13, §16-2D-14 and §16-2D-15 of the Code of West Virginia, 1931, as amended; to repeal §16-29A-20; to repeal §16-42-6 of said code; to repeal §49-7-30 of said code; to amend and reenact §9-5-19 of said code; to amend and reenact §16-1-4 of said code; to amend and reenact §16-29B-1, §16-29B-8, §16-29B-11 and §16-29B-19a of said code; to amend and reenact §16-29I-6 of said code; and to amend and reenact §33-15B-5 of said code, all relating to elimination of the requirement that health facilities receive a certificate of need before opening”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Ireland, Espinosa, Hamrick and D. Evans:

            H. B. 2798 – “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 ‘SECOND AMENDMENT’ license plate”; to the Committee on Roads and Transportation then Finance.

House Calendar

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; 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. 10), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Miley and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2314) passed.

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

            H. B. 2487, Prohibiting the use of laetrile; 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. 11), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Miley and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2487) passed.

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

Second ReadingH. B. 2586, Relating to qualifications for a license to practice embalming; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third 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 Storch.

            At 11:35 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, March 4, 2013.

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