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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

 

 

 

__________*__________

 

Tuesday, March 5, 2013

TWENTY-FIRST 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 Monday, March 4, 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 Stowers, R. Phillips, Tomblin and Eldridge offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 54 - “Requesting the Division of Highways to name the bridge located at Chapmanville, Logan County, West Virginia, specifically bridge number 23-3.015 the ‘Sergeant First Class Thomas Clyde Farley Memorial Bridge’,”

            Whereas, Sergeant First Class Thomas Clyde Farley entered military service in 1986, as a wire systems installer in the United States Army. During his time in the ARMY, SFC Farley served with the Company C, 8 Signal Battalion, 69th Signal Company and 16th Signal Company, 40th Signal Battalion. During this time he was stationed at Fort Jackson, SC, Fort Huachuca, AZ and Bad Kreuznach, Germany. SFC Farley also participated in the Invasion of Panama in 1989 in support of Operation Just Cause. SFC Farley served for six years and then enlisted in the Army National Guard in 1992 where he was assigned to Company D, 1/150th Armor. SFC Farley transferred in 1994 to B Company , 1/252 Armor Company, SFC Farley deployed to Bosnia in 2000-2001 in support of Operation Joint Forge. In 2004-2005 SFC Farley deployed to Iraq in support of Operation Iraqi Freedom where he served as Platoon Leaders Gunner and Vehicle Commander; and

            Whereas, During his twenty-year military career Sergeant First Class Farley earned achievement and decoration for his years of experience and exemplary actions. Some of those decorations include: Meritorious Service Medal, Army Commendation Medal, Army Achievement Medal (5th Award), Good Conduct Medal (2nd Award), Army Reserve Components Achievement Medal, Global War On Terrorism Expeditionary Medal, Global War On Terrorism Service Medal, Humanitarian Service Medal, and many more. Sergeant First Class Thomas Clyde Farley gave his life in the service of his country and state and his sacrifice should not go unnoticed; and

            Whereas, It is fitting to honor Thomas Clyde Farley by naming the bridge located at Chapmanville, Logan County, West Virginia, specifically bridge number 23-3.015 the “Sergeant First Class Thomas Clyde Farley Memorial Bridge”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the bridge located at Chapmanville, Logan County, West Virginia, specifically bridge number 23-3.015 the “Sergeant First Class Thomas Clyde Farley 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 “Sergeant First Class Thomas Clyde Farley Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation; and to the surviving family and relatives of Sergeant First Class Thomas Clyde Farley.

            Delegates Campbell, Hartman, Lynch, Williams, Skaff, L.Phillips, Staggers, M. Poling and Reynolds offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 55 - “Requesting the Division of Highways to name the bridge known as Shavers Fork Bridge on U.S. Route 33 near Harman in Randolph County, bridge number 42-33-18.44, as the ‘Trooper Brian William Linn Memorial Bridge’.”

            Whereas, Trooper Brian William Linn was born in Elkins, West Virginia on April 22, 1982 to Thomas C. Linn and Mary Ruth Snelson; and

            Whereas, Trooper Linn graduated from Elkins High School in 2000, where he was active in athletics and other extracurricular activities, and was an avid outdoorsman; and

            Whereas, Trooper Linn enlisted in the West Virginia Army National Guard’s 229th Engineering Unit at Camp Dawson, West Virginia, in April of 2000, and was deployed to Camp Doha, Kuwait, as part of Operation Enduring Freedom before being transferred to the A Battery 201st Field Artillery Unit and later being deployed to Scania, Iraq as a part of Operation Iraqi Freedom; and

            Whereas, Trooper Linn was honorably discharged on March 24, 2007, having attained the rank of Specialist E-4, and having been awarded the Army Achievement Medal, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Medal, the Armed Forces Reserve Medal with “M” Device, the Army Service Ribbon and a Driver’s Mechanic Badge; and

            Whereas, Trooper Linn enlisted in the West Virginia State Police on September 26, 2005, and graduated from the West Virginia State Police Academy as a member of the 55th Cadet Class and earned an Associate’s Degree in Police Science from Marshall University during his State police training. He was stationed at the Charles Town State Police Detachment in Jefferson County, and became a resident of Martinsburg; and

            Whereas, Trooper Brian William Linn died in the line of duty on November 3, 2007, while responding to a call for assistance by a fellow Trooper at Kearneysville; and

            Whereas, Trooper Linn is survived by his wife, Melissa; two daughters, Paige, age fourteen and Madeline, age seven, and was a proud and dedicated husband and father; and

            Whereas, Trooper Linn is also survived by his parents Thomas C. Linn and Mary Ruth Snelson, and by his stepmother, Vicki Linn, stepfather, Arnold Snelson, two brothers Mary Linn and Aaron Linn, two stepsisters, Mandi Foster and Holly Baughman, two stepbrothers, Michael Foster and Larry Snelson, paternal grandmother, Madeline Linn Phillips, one niece, two nephews, numerous aunts, uncles and cousins; and

            Whereas, The West Virginia State Police play an essential role in safeguarding the safety, rights and freedoms of all West Virginians, often at their own peril; and

            Whereas, Trooper Brian William Linn gave of himself with bravery in the face of personal danger and in his supreme sacrifice for his community brings honor to his family, friends, fellow troopers, the citizens of Randolph, Jefferson and Berkeley Counties, and the entire State of West Virginia; and

            Whereas, It is fitting to honor Trooper Brian William Linn for his sacrifice to protect his fellow man and advance the common good by naming the bridge known as Shavers Fork Bridge on U.S. Route 33 near Harman in Randolph County, bridge number 42-33-18.44, as the “Trooper Brian William Linn Memorial Bridge”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the bridge known as Shavers Fork Bridge on U.S. Route 33 near Harman in Randolph County, bridge number 42-33-18.44, as the “Trooper Brian William Linn 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 “Trooper Brian William Linn 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, to his wife, Melissa, and to his daughters Paige Linn and Madeline Linn.

            Delegates Faircloth, Folk, Andes, Arvon, Ashley, Azinger, Butler, Cadle, Campbell, Canterbury, Caputo, Diserio, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Ferns, Fleischauer, Frich, Gearheart, Guthrie, Hartman, Howell, Ireland, Lane, Lawrence, Longstreth, Lynch, Manypenny, McCuskey, Miller, Morgan, E. Nelson, J. Nelson, Paxton, R. Phillips, Poore, Raines, Reynolds, Romine, Rowan, Shott, Skaff, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Staggers, Stephens, Stowers, Swartzmiller, Tomblin, Walker, Wells and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 56 - “Requesting that the bridge being constructed on County Route 6, Dry Run Road, crossing Back Creek near Hedgesville, Berkeley County, West Virginia, be named the ‘John Edgar Saville Memorial Bridge’.”

            Whereas, John Edgar Saville was born September 13, 1890, and as a young man taught at Greenwood School, Berkeley Springs, West Virginia, before enlisting in the United States Army on May 27, 1918; and

            Whereas, Following his enlistment during which he attained the Gold War Star for exemplary service, John Edgar Saville returned to teach at the Tomahawk School at Hedgesville, West Virginia, and was principal of the school for seventeen years; and

            Whereas, John Edgar Saville married Leva Alva Pitzer, and had two daughters, Evelyn Marie Saville and Margaret Eloise Saville; and

             Whereas, In 1917, John Edgar Saville purchased a farm consisting of 250 acres of land surrounding the area on which the new bridge on County Route 6, Dry Run Road near Hedgesville, Berkeley County, West Virginia is being constructed; and

            Whereas, John Edgar Saville died November 11, 1940, survived by his widow and daughters age eight and ten years of age; and

            Whereas, Part of the family farm containing the original home place has been retained by the family these many years, and Mr. Saville’s daughter, Margaret Eloise Saville Wilhelm, still lives in the family home in which she was born eighty-one years ago; and

            Whereas, It is fitting to establish this memorial to call attention to the more than one hundred years of history associated with John Edgar Saville and his family’s work and life on the land; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the bridge being constructed on County Route 6, Dry Run Road, near Hedgesville, Berkeley County, West Virginia, be named the “John Edgar Saville Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “John Edgar Saville Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to Margaret Eloise Wilhelm, Dry Run Road, Hedgesville, WV.

            Delegates L. Phillips, Arvon, Border, Campbell, Fleischauer, Frich, Guthrie, Lawrence, Longstreth, Marshall, Miller, Pasdon, M. Poling, Poore, Raines, Rowan, P. Smith, Sobonya, Staggers, Storch and Sumner offered the following resolution, which was read by the Clerk as follows:

            H. R. 17 - “Honoring the West Virginia Women’s Commission and designating March 5, 2013 as ‘Women’s Day at the West Virginia Legislature’.”

            Whereas, On July 9, 1977, the West Virginia Legislature passed House Bill 1378, creating the West Virginia Women’s Commission to encourage study and review of the needs of women in the State; and

            Whereas, The commission consisted of eleven commissioners appointed by the Governor to serve as liaisons between the women of the State and the employee’s of the commission, and seven ex-officio commissioners representing various state government offices; and

            Whereas, Today, thirty-six years after the commission’s inception, its mission has continued to move forward through advocacy, education and research; and

            Whereas, The commissioners and staff continue the mission of the commission through advocacy for issues of importance to women and families of our State; through continued research into what women need and want in the areas of public policy and programs; and through updating the 2002 Status of West Virginia Women with the help of the Institute for Women’s Policy Research and several partner organizations; and

            Whereas, The commission has continued its history of honoring women across the State through “Celebrating a Legacy of Women in Public Service” during Women’s History Month; the education of women and legislators during the Annual Women’s Day at the Legislature, including a second day of workshops; completing an annual policy statement highlighting legislation of importance to women and families; an Annual Women’s Equality Day Celebration commemorating the passage of the 19th Amendment to the United States Constitution; and through programs and collaborations with partners organizations that allow women the opportunity to participate in learning experiences through workshops focused on citizen advocacy; and

            Whereas, The women of West Virginia are gathered today to celebrate and commemorate the 36th year of the West Virginia Women’s Commission and continue to “be the change we wish to see” in their communities and their state; therefore, be it

            Resolved by the House of Delegates:

            That the House hereby designates March 5, 2013, as Women’s Day at the West Virginia Legislature; and, be it

            Further Resolved, That the House hereby honors the West Virginia Women’s Commission members and staff on March 5, 2013, for their contributions to our State; and, be it

            Further Resolved, That the House of Delegates invites all citizens of West Virginia to join in recognizing this day as Women’s Day at the West Virginia Legislature, and encourages all women to become involved in local and state government, and to work toward continuing to make a difference in the lives of future generations of West Virginians; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the West Virginia Women’s Commission.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 17) 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. 2727, Relating to the school aid formula, 

            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. 2727) was referred to the Committee on Finance.

            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. 2764, Relating to compulsory school attendance,

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

            Com. Sub. for 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,”

            With the recommendation that the committee substitute do pass.

            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. 2716, Relating to the West Virginia Fairness in Competitive Bidding 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. 2716) was referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2351, Authorizing law enforcement to issue a charge by citation when making an arrest for driving with a suspended or revoked license,

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

            Com. Sub. for H. B. 2351 - “A Bill to amend and reenact §17C-19-3 of the Code of West Virginia, 1931, as amended, relating to requiring an arresting law enforcement officer to promptly present before a magistrate or court an individual charged with driving with a suspended or revoked license, and providing the option to issue a citation if a magistrate or court is not on duty or reasonably available,”

            H. B. 2450, Granting licensed real estate appraisers access to commercial or residential review documents,

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

            Com. Sub. for H. B. 2450 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-2-12, relating to county assessors, granting licensed real estate appraiser limited access to assessor review documents to determine comparable market value, and authorizing a fee,”

            And,

            H. B. 2579, Revising state water quality standard for Selenium,

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

            Com. Sub. for H. B. 2579 - “A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to protecting state waters; providing legislative findings; revising implementation plan to establish state specific selenium criteria; and directing study to develop state-specific selenium criteria,”

            With the recommendation that the committee substitutes each do pass.

            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. 2729, Allowing schools to voluntarily maintain and use epinephrine auto-injectors,

            And reports the same back, with a title 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. 2729) was 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. 2656, Board of Dental Examiners, practitioner requirements for accessing the West Virginia controlled substances monitoring program database,

            H. B. 2657, Board of Dental Examiners, continuing education requirements,

            H. B. 2680, Board of Medicine, practitioner requirements for accessing the West Virginia controlled substances monitoring program data base,

            H. B. 2681, Board of Medicine, rule relating to licensure, disciplinary and complaint procedures; continuing education; and physician assistants,

            H. B. 2682, Board of Medicine, continuing education for physicians and podiatrists,

            H. B. 2690, Board of Osteopathic Medicine, licensing procedures for osteopathic physicians,

            H. B. 2691, Board of Osteopathic Medicine, osteopathic physician assistants,        

            H. B. 2692, Board of Osteopathic Medicine, relating to practitioner requirements for controlled substances licensure and accessing the West Virginia controlled substances monitoring program database,

            H. B. 2694, Board of Pharmacy, controlled substances monitoring,

            And,

            H. B. 2698, Board of Examiners for Registered Professional Nurses, practitioner requirements for accessing the West Virginia controlled substances monitoring program database.

            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. 2656, H. B. 2657, H. B. 2680, H. B. 2681, H. B. 2682, H. B. 2690, H. B. 2691, H. B. 2692, H. B. 2694 and H. B. 2698) 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 passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 172 - “A Bill to amend and reenact §11-16-3 and §11-16-8 of the Code of West Virginia, 1931, as amended, all relating to the Nonintoxicating Beer Act generally; expanding the definition of ‘person’ for purposes of holding a nonintoxicating beer distributorship; allowing trusts, limited liability companies and associations to hold a distributor’s license; and requiring certain disclosures by applicants that are trusts, limited liability companies or associations”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

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

            S. B. 197 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2013, in the amount of $23,972,984 from the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2008, organization 0201, activity 635, and in the amount of $5,000,000 from the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2008, organization 0310, activity 761, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Public Defender Services, fund 0226, fiscal year 2013, organization 0221, and to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013”; which was referred to the Committee on Finance.

Bills Introduced

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

By Delegates Miley, Fleischauer, Skinner, Shott and Barill

            [By Request of the Supreme Court of Appeals]:

            H. B. 2815 - “A Bill to amend and reenact §44-10-3 of the Code of West Virginia, 1931, as amended, relating generally to clarifying and modifying the process of appointing and terminating guardians for minors”; to the Committee on the Judiciary.

By Delegates Howell, A. Evans, Rowan, Espinosa, Ireland, Folk, Shott, J. Nelson, Miller, Westfall and Frich:

            H. B. 2816 – “A Bill to amend and reenact §8-5-7 of the Code of West Virginia, 1931, as amended, relating to municipalities; residency requirements of candidates for council; and requiring six-month residency before being eligible to run for election to city or municipal council”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Reynolds, Skaff, Stowers, Sponaugle, Moye, Ferns, P. Smith, McCuskey, L. Phillips, Guthrie and Campbell:

            H. B. 2817 – “A Bill to amend and reenact §11-6D-2, §11-6D-4 and §11-6D-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-6D-10, all relating generally to use of alternative-fuel motor vehicles; eliminating the availability of a tax credit for vehicles that are capable of running on ethanol and certain fuel mixtures containing ethanol, methanol or other alcohols; removing the requirement that a converted vehicle must operate exclusively on an alternative fuel in order to take the credit; eliminating a rule requirement; allowing pass-through entities to distribute credits to pass-through equity owners in any manner those equity owners see fit; permitting the transfer of tax credits for purchase of alternative-fuel vehicles, conversion to an alternative-fuel vehicle or construction of alternative-fuel vehicle infrastructure; setting forth how those transfers of tax credits may be accomplished; providing an exception; and permitting government entities and nonprofit entities to utilize certain tax credits”; to the Committee on Roads and Transportation then Finance.

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

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 2818 – “A Bill to amend and reenact §18-7B-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7B-21, all relating to the Teachers’ Defined Contribution Retirement System; adding a definition of employment term; making a technical correction; and adding a provision relating to correction of errors by participating public employers and the Consolidated Public Retirement Board”; to the Committee on Pensions and Retirement then Finance.

By Delegates Guthrie, Hartman, Ashley and Walters:

            H. B. 2819 – “A Bill to amend and reenact §33-31-16a of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-40-3 of said code, all relating to the financial oversight of entities regulated by the Insurance Commissioner; requiring captive insurance companies organized as risk retention groups to comply with risk-based capital for insurers’ provisions and a specific state rule; and incorporating a solvency trend test for property and casualty insurance companies”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates P. Smith, Walker, L. Phillips, Barill, Pino, Longstreth, Hunt and Lynch:

            H. B. 2820 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-11b; and to amend and reenact §62-12-26 of said code, all relating to prohibiting a person convicted of a sexual offense against a child from being on school property without written permission of a judge or parole officer; creating criminal penalties; and defining terms”; to the Committee on the Judiciary then Finance.

By Delegates Pethtel, Stephens, Swartzmiller, Romine, Ferns, Azinger, Boggs and Williams:

            H. B. 2821 – “A Bill to amend and reenact §30-27-10 of the Code of West Virginia, 1931, as amended relating to the Board of Barbers and Cosmetologists; and exempting cosmetologists who have been licensed for twenty years or more from continuing education requirements”; to the Committee on Government Organization.

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

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 2822 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-11, relating to the liability of a participating public employer and its successor to pay delinquent retirement contributions, delinquency fees and related costs; and enforcement and collection of the costs by the Consolidated Public Retirement Board”; to the Committee on Pensions and Retirement then Finance.

By Delegates Azinger, Walters, Hamilton, Guthrie and Manchin:

            H. B. 2823 – “A Bill to amend and reenact §17D-4-2 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum proof of financial responsibility in motor vehicle insurance coverage”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Lawrence, L. Phillips, Stowers, Marcum, Shott, Sobonya, Moore, Skaff, Poore, Barrett and Manchin:

            H. B. 2824 – “A Bill to repeal §62-6B-2, §62-6B-3 and §62-6B-4 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto four new sections, designated §48-1-308, §48-1-309, §48-1-310 and §48-1-311; to amend said code by adding thereto a new article, designated §49-1A-1 and §49-1A-2; and to amend said code by adding thereto four new sections, designated §61-11-27, §61-11-28, §61-11-29 and §61-11-30, all relating to procedures and protections for child witnesses in domestic relations, child abuse and neglect and criminal proceedings; setting forth the rights of child witnesses; establishing the procedure and safeguards to be used when taking testimony of a child witness; permitting a court in certain instances to permit a child witness to give testimony by closed-circuit television; establishing the procedure to be used when taking testimony of a child witness by closed-circuit television; protecting recordings made of statements by child witnesses; providing for confidentiality; providing for instances when the child witness may also be a victim; and permitting a support person for a child witness”; to the Committee on the Judiciary.

By Delegates Perdue, Perry, Ferns, Morgan, M. Poling, Staggers, White and Williams:

            H. B. 2825 – “A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to certain appointive state officers salaries”; to the Committee on Government Organization then Finance.

By Delegates R. Phillips, D. Poling, Skaff, Diserio, Campbell, White, Boggs, Stowers, Tomblin, Eldridge and Marcum

            [By Request of the Division of Environmental Protection]:

            H. B. 2826 – “A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to the state’s jurisdiction over reclaimed sites of bond-forfeited surface mining operations”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates L. Phillips, Stephens, Campbell, Hartman, Walker, P. Smith, Stowers, Eldridge and Perdue:

            H. B. 2827 – “A Bill to amend and reenact §18-5-18b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-8 of said code, all relating to modifying the funding ratio of school students to counselors; providing counties with the flexibility to set caseload standards so long as the standards equally distribute counselors to students at each academic level throughout the county and providing protection for counties that currently exceed the proposed funding ratio”; to the Committee on Education then Finance.

By Delegates Hunt, Barill, Moore, Paxton, Faircloth, Kump, P. Smith, Lane, Overington, Ferro and Pino:

            H. B. 2828 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9d, relating to the crime of soliciting or attempting to solicit a child into a motor vehicle near a school; and providing a felony criminal penalty”; to the Committee on the Judiciary then Finance.

By Delegates Miley, Skinner, Manchin, Hunt and Barill

            [By Request of the Supreme Court of Appeals]:

            H. B. 2829 – “A Bill to amend and reenact §50-1-1 of the Code of West Virginia, 1931, as amended, relating to the nomination and election of magistrates; providing that counties shall be divided into magistrate divisions based on the number of magistrates in each county; requiring a magistrate candidate to run within given division but will receive votes from the entire county; providing that the candidates receiving the greater number of votes in each division shall be nominated or elected, as appropriate; and deleting outdated language”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Eldridge and Marcum:

            H. B. 2830 – “A Bill to amend and reenact §19-23-2, §19-23-4, §19-23-6, §19-23-9, §19-23-10, §19-23-12a, §19-23-12b, §19-23-12c, §19-23-13b and §19-23-13c of the Code of West Virginia, 1931, as amended, all relating to horse and dog racing generally; requiring licensees to provide preferential treatment to certain trainers; setting forth the criteria for receiving preferential treatment; increasing the West Virginia Racing Commission by two members; setting forth qualifications; authorizing the commission to adjudicate certain disputes; authoring the commission to approve or reject certain racing associations house rules; authorizing the commission to regulate stall allocation criteria; requiring thoroughbred licensees to pay three percent of paid purses to the local Horseman’s Benevolent and Protective Association; requiring greyhound licensees to pay one percent of paid purses to the local West Virginia Greyhound Owners and Breeders Association; granting all greyhound owners and breeders of certain greyhounds full voting membership in the West Virginia Greyhound Owners and Breeders Association; requiring dog racing associations to provide certain indoor facilities and handicap access at racetracks; clarifying code requirements that ninety percent of the deposits into the Greyhound Breeding Development Fund be used to fund supplemental purse awards, stakes races and training track facilities; clarifying code requirements that ten percent of the deposits into the Greyhound Breeding Development Fund be used to fund administration, promotion, education, and greyhound adoption programs; requiring the commission to provide accounting statements to greyhound owners; requiring the West Virginia Lottery Commission to assist the Racing Commission in providing a detailed statement of racetrack video lottery distributions into the West Virginia Greyhound Breeding Development Fund; setting forth the contents of those statements; providing that any year end balance in the Greyhound Breeding Development Fund be distributed to owners and breeders of West Virginia whelped greyhounds on a pro rata basis; requiring a monthly minimum of $22,000 be reserved in the West Virginia Greyhound Breeding Development Fund to fund four yearly West Virginia whelped greyhound stake races; establishing the values of certain open stake races and juvenile stake races for greyhounds; providing that up to three percent of yearly deposits into the West Virginia Greyhound Breeding Development Fund shall be used to pay valid adoption applications; providing that racing associations at dog tracks must have the written approval of the authorized representative of a majority of the owners and breeders at the dog racetrack in order to contract with legal wagering entities to accept wagers on any race or races conducted by that entity; requiring dog racetrack licensees pay six percent of the net simulcast income to the West Virginia Greyhound Breeding Development Fund; requiring the dog racing association to deposit three percent of the total wagering handle on all imported simulcast race signals into track purse accounts; requiring dog racetracks to pay seven and one-half percent of the signal transmission fee into the West Virginia Greyhound Breeding Development Fund; permitting the full year end balance in breeders/raisers, sire owners and purse supplement funds to revert into the Thoroughbred Development Fund for distribution to racing associations and licensees instead of first being used to fund certain races; providing for additional horse races; providing that certain horse racing wins will not be considered for certain open races eligibility; authorizing an annual $400,000 expenditure from the West Virginia Racing Commission Racetrack Video Lottery Account be used for purses in a newly created West Virginia Greyhound Challenge Stakes Race; decreasing the amount of certain funds available for capital improvements at dog racetracks; decreasing the amount of certain funds paid into the West Virginia Racing Commission-Special Account-West Virginia Greyhound Breeding Development Fund; using certain funds to fund the West Virginia Greyhound Challenge Stakes Race; decreasing the amount of certain funds available for capital improvements at horse racetracks; requiring certain funds be deposited into the West Virginia Racing Commission Special Account-Unredeemed Pari-Mutuel Tickets; authorizing rule-making; and updating language”; to the Committee on Government Organization then Finance.

By Delegates Ferns, Storch, Miley, Eldridge, Fragale, Moore, Diserio, Ferro, Cowles, Ellington and Householder:

            H. B. 2831 – “A Bill to amend and reenact §16-3-4 and §16-3-5 of the Code of West Virginia, 1931, as amended, all relating to mandatory immunizations for school children; providing exemptions; application of informed consent; and composition and appointment of the Childhood Immunization Advisory Committee”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Frich, Hamilton, Marcum, R. Phillips, White, Staggers, Barill, Marshall, Longstreth, Howell and Hunt:

            H. B. 2832 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to creating the ‘Firearm Protection Act’; providing that any federal law which attempts to ban semiautomatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state is unenforceable in West Virginia; and providing for an effective date”; to the Committee on the Judiciary.

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

            [By Request of the Supreme Court of Appeals]:

            H. B. 2833 – “A Bill to amend and reenact §51-9-4 of the Code of West Virginia, 1931, as amended, relating to the judicial retirement system; reducing the contribution rate of judges; authorizing the Consolidated Public Retirement Board to annually establish future participant contribution rates based on the State Actuary’s report; and limiting the participant contribution rate to ten and one-half percent of a participant’s salary”; to the Committee on Pensions and Retirement then Finance.

House Calendar

Second Reading

            Com. Sub. for H. B. 2585, Increasing the time to file a petition in response to notice of an increased assessment; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            At 11:45 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 6, 2013.

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