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House Journal


Day 00 (01-9-02013)
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Day 13 (02-25-2013)
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Day 15 (02-27-2013)
Day 16 (02-28-2013)
Day 17 (03-01-2013)
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Day 27 (03-11-2013)
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Day 29 (03-13-2013)
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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)
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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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__________*__________



 

Monday, March 4, 2013

TWENTIETH DAY

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

 

 

            The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Rick 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 Friday, March 1, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Bills Introduced

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

By Delegate Andes:

            H. B. 2799 – “A Bill to repeal §7-7-3, §7-7-4 and §7-7-4a of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-7-1, §7-7-6a and §7-7-6b of said code, all relating to the classification of counties for purpose of determining compensation of elected county officials; compensation of elected county officials and county commissioners for each class of county; legislative findings; authorizing the option of full-time status for part-time prosecuting attorneys; assessors and their additional compensation for additional duties; and, additional compensation of assessors according to county classification”; to the Committee on Finance.

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

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 2800 – “A Bill to amend and reenact §18-7A-3, §18-7A-14, §18-7A-17, §18-7A-23, §18-7A-25 and §18-7A-26 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §18-7A-14c, all relating to the Teachers’ Retirement System; specifying the time period in which a participating public employer allocates and reports gross salary to the retirement board; including nonteachers within the definition of present member; adding a definition for the terms retire and retirement; modifying the definition of teacher member; adding a new section relating to correction of errors; requiring nonteachers to file a statement with the retirement board detailing the length of service being claimed for retirement credit; clarifying that members granted prior service credit for qualified military service shall have been honorably discharged from active duty; clarifying provisions for purchasing out of state service credit for members who transferred from the Teachers’ Defined Contribution Retirement System; providing that a nonteaching member shall not be considered absent from service while serving as an officer with a statewide professional teaching association; requiring that members make written request to the retirement board to receive credit for service previously credited by the Public Employees Retirement System; providing that all interest paid or transferred on service credit from the Public Employees Retirement System be deposited in the reserve fund; providing that an inactive member may elect to receive an annuity at age sixty; providing that the sole primary beneficiary of a member is eligible for an annuity if the contributor was fifty years old with twenty-five years service; providing that a refund beneficiary shall receive the contributor’s accumulated contributions up to the plan year of contributor’s death; providing that a refund beneficiary shall be paid the Teachers’ Defined Contribution Retirement System member contributions transferred plus the vested portion of employer contributions and any earnings; providing that an actively contributing member who is at least sixty years of age is eligible for an annuity; providing that any member who has thirty years of total service in the state as a nonteaching member is eligible for an annuity; specifying that anyone who becomes a new member on or after July 1, 2013, shall have five or more years of contributory service to qualify for retirement; providing that a nonteaching member who is fifty- five years of age and has served thirty years in the state is eligible for an annuity; clarifying that a nonteaching member is eligible for disability benefits; clarifying the computation of a member’s annuity; providing for the commencement date of disability annuity benefits; and making technical corrections throughout this article”; to the Committee on Pensions and Retirement then Finance.

By Delegates Reynolds, R. Phillips, Skaff, Andes, Swartzmiller and Miley:

            H. B. 2801 – “A Bill to amend Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-5-29, relating to emergency management; creating the ‘West Virginia Infrastructure Emergency Response Act of 2013'; definitions; the presence of out-of-state employees and businesses, including affiliates of in-state businesses, that temporarily provide resources and personnel in the state during a state of emergency declared by either the Governor, the Legislature or the President of the United States; providing that these businesses are exempt from requirements for business and employee taxes or other criteria for purposes of certain state and local taxes, licensing and regulatory requirements on a temporary basis during the period they provide help and assistance in response to a declared state disaster or emergency; providing this exemption does not include certain transaction taxes and fees during the emergency period, unless otherwise exempted during an emergency period; providing for legislative rules; and effective date”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

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

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 2802 – “A Bill to amend and reenact §16-5V-2, §16-5V-8, §16-5V-11, §16-5V-20, §16-5V-21 and §16-5V-24 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto two new sections, designated §16-5V-8a and §16-5V-35, all relating to the Emergency Medical Services Retirement System; modifying the definition of annual compensation as it relates to determining benefits; adding a definition for contributing service to this article; adding a definition for the terms retire and retirement to this article; making technical corrections in section two of this article; adding a new section to this article relating to correction of participating public employer errors by the board; clarifying eligibility requirements for commencement of benefits; specifying that the board must be in receipt of a request for estimation of benefits prior to providing a member with an explanation of their estimated gross monthly annuity and a retirement application; providing that a member shall have at least ten years of contributing service to qualify for nonduty related disability retirement; specifying that the total nonduty disability award received by a member shall be based on their average monthly compensation during the twelve month period immediately preceding the disability award; providing that all costs associated with disability benefit examinations shall be paid from the board’s expense fund; providing that disability benefits shall cease on the first day of the month following termination of disability by the board; requiring annual disability recertification for a retirant who is less than sixty years of age during the first five years of retirement and once every three years thereafter; providing that if a member who is receiving a nonduty disability benefit dies the surviving spouse shall receive the average monthly compensation received by the member prior to the disability award; and adding a new section to this article relating to the annuity calculation for a member who returns to covered employment after retirement”; to the Committee on Pensions and Retirement then Finance.

By Delegates Manchin, M. Poling, Iaquinta, Guthrie, Moore, Marshall and Manypenny:

            H. B. 2803 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to requiring electric utilities to implement integrated resource plans; requiring the Public Service Commission to order development of integrated resource plans; specifying certain deadlines for the plans; requiring commission review, public hearing and option for requesting further information; and addressing the commission’s use of the plan”; to the Committee on Government Organization then the Judiciary.

By Delegates P. Smith, Hunt, Barill, Walker, Eldridge, Skaff, Marcum, White and Campbell:

            H. B. 2804 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-16b, relating to creating criminal penalties for assault or battery on a pregnant woman against the will and without the consent of the woman where the perpetrator knows or has reason to know that the victim is pregnant; creating both misdemeanors and felonies; and providing for incremental penalties for multiple batteries”; to the Committee on the Judiciary then Finance.

By Delegates Manchin, Miley, Ellem, Lane, Fleischauer, Manypenny, Guthrie, Caputo, Reynolds, White and Skinner:

            H. B. 2805 – “A Bill to repeal §3-12-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1A-5 of said code; and to amend and reenact §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-6, §3-12-7, §3-12-9, §3-12-10, §3-12-11, §3-12-13, §3-12-14 and §3-12-16 of said code, all relating to making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program; providing an additional finding; modifying an existing definition; deleting a definition; providing that a candidate may not collect exploratory contributions after filing a declaration of intent; limiting the amounts an individual may contribute during certain periods; requiring all contributions to candidates participating in the program be collected by the candidate’s financial agent; increasing the amounts of financing certified candidates may receive in contested elections; removing provisions that permit the release of additional funds in certain circumstances; removing certain reporting requirements; and removing a provision permitting the doubling of civil penalties”; to the Committee on the Judiciary then Finance.

By Delegates Perry, Moore, Barill, Campbell, Pino, Staggers, Morgan and M. Poling:

            H. B. 2806 – “A Bill to amend and reenact §25-1A-2 of the Code of West Virginia, 1931, as amended, relating to administrative remedies for prisoners generally; defining administrative remedies; bringing law into federal compliance; and requiring that a prisoner first exhaust such remedies prior to resorting to litigation”; to the Committee on the Judiciary.

By Delegate Andes:

            H. B. 2807 – “A Bill to amend and reenact §18-2E-3a of the Code of West Virginia, 1931, as amended, relating to requiring the State Board of Education to pay annual bonuses of $5,000 to teachers of advanced placement courses in math or science”; to the Committee on Education then Finance.

By Delegates Andes, Householder, Arvon, Gearheart and Raines:

            H. B. 2808 – “A Bill amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-2L-1, §18-2L-2, §18-2L-3, §18-2L-4, §18-2L-5, §18-2L-6, §18-2L-7, §18-2L-8, §18-2L-9, §18-2L-10, §18-2L-11, §18-2L-12, §18-2L-13, §18-2L-14 and §18-2L-15, all relating to authorizing the establishment of charter schools; stating a purpose; when applicable; formation of charter schools; charter school contracts; providing exemption from statutes and rules; requirements and admission requirements; standards; minimum instruction days; student transportation; teacher leave of absence; and providing a severability and repealer clause”; to the Committee on Education then Finance.

By Delegates Poore, Sobonya, Skinner, Morgan, Moye, D. Poling, Campbell, Hartman, Guthrie, Ellem and Miller:

            H. B. 2809 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated, §25-8-1, relating to authorizing the Division of Corrections to implement a responsible parent program pilot project; setting forth requirements to participate in the program; setting forth program goals; and requiring a report”; to the Committee on the Judiciary.

By Delegates P. Smith, Longstreth, L. Phillips, Marcum, Hunt, Barill, Walker, Lawrence, Stowers, Eldridge and Skaff:

            H. B. 2810 – “A Bill to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to limitations and restrictions placed on sex offenders who have been adjudicated as violent sexual predators or who are under active supervision as a condition of release on parole or probation; clarifying the statutory restrictions against those persons living or working within one thousand feet of a school, child care facility or residence of a former victim; and defining terms”; to the Committee on the Judiciary.

By Delegate Perry:

            H. B. 2811 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-16-1, relating to prohibiting convicted felons from holding employment positions that provide them with access to medical, financial or other confidential information of clients or patients of the employer; and authorizing rule-making”; to the Committee on the Judiciary.

By Delegates Ireland, White, Marcum, Perry, Moore, Craig, Perdue, Ferns, Espinosa and Anderson:

            H. B. 2812 – “A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-1C-5c, all relating to the valuation of motor vehicles for purposes of ad valorem property taxes; requiring antique motor vehicles not used for general transportation to be assigned an appraised value of $5,000; and requiring the assessed value for all motor vehicles to be at least $420”; to the Committee on Roads and Transportation then Finance.

By Delegate Guthrie:

            H. B. 2813 – “A Bill to amend and reenact §5A-3-3, §5A-3-4, §5A-3-10, §5A-3-10b and §5A-3-11c of the Code of West Virginia, 1931, as amended, all relating generally to the purchasing division; making technical corrections; requiring that the manner in which spending units may be authorized to make direct purchases must be consistent with the other requirements of this article; requiring that the director of purchasing may not authorize a contract that would allow an agency to circumvent the $25,000 threshold for agency purchases; requiring that best value procurements are subject to the other requirements of this article; and clarifying that an award to multiple vendors remains subject to the other requirements of this article”; to the Committee on Government Organization then Finance.

By Delegates Fleischauer, Poore, Guthrie, Moore, Sobonya, Hunt, Longstreth, L. Phillips, Marshall, Manchin and Wells:

            H. B. 2814 – “A Bill to amend and reenact §61-2-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §61-11B-1, §61-11B-2, §61-11B-3, §61-11B-4, §61-11B-5, §61-11B-6 and §61-11B-7, all relating to human trafficking; modifying definitions of human trafficking and sex trafficking of adults; authorizing forfeiture of certain assets used in human trafficking; authorizing civil cause of action for victims of human trafficking; requiring classification of victims and immigration assistance under specified circumstances; specifying that a victim of human trafficking is a victim under the West Virginia Crime Victims Compensation Act; providing a procedure for vacating certain prostitution convictions; and providing that remedies are cumulative”; to the Committee on the Judiciary.

House Calendar

Third ReadingH. B. 2586, Relating to qualifications for a license to practice embalming; 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. 12), 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: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2586) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 13), 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: J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2586) takes effect from its passage.

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

First ReadingCom. Sub. for H. B. 2585, Increasing the time to file a petition in response to notice of an increased assessment; 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, leave of absence for the day was granted Delegate J. Nelson.

            At 1:22 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 5, 2013.

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