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House Journal


Day 00 (01-9-02013)
Day 01 (02-13-2013)
Day 02 (02-14-2013)
Day 03 (02-15-2013)
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Day 07 (02-19-2013)
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Day 13 (02-25-2013)
Day 14 (02-26-2013)
Day 15 (02-27-2013)
Day 16 (02-28-2013)
Day 17 (03-01-2013)
Day 20 (03-04-2013)
Day 21 (03-05-2013)
Day 22 (03-06-2013)
Day 23 (03-07-2013)
Day 24 (03-08-2013)
Day 27 (03-11-2013)
Day 28 (03-12-2013)
Day 29 (03-13-2013)
Day 30 (03-14-2013)
Day 34 (03-18-2013)
Day 35 (03-19-2013)
Day 36 (03-20-2013)
Day 37 (03-21-2013)
Day 38 (03-22-2013)
Day 41 (03-25-2013)
Day 42 (03-26-2013)
Day 43 (03-27-2013)
Day 44 (03-28-2013)
Day 45 (03-29-2013)
Day 48 (04-01-2013)
Day 49 (04-02-2013)
Day 50 (04-03-2013)
Day 51 (04-04-2013)
Day 52 (04-05-2013)
Day 55 (04-08-2013)
Day 56 (04-09-2013)
Day 57 (04-10-2013)
Day 58 (04-11-2013)
Day 59 (04-12-2013)

 

Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg

 

 

 

__________*__________

 

Wednesday, March 6, 2013

TWENTY-SECOND DAY

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

 

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

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

            The Clerk proceeded to read the Journal of Tuesday, March 5, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

            Your Committee on Government Organization has had under consideration:

 

            H. B. 2638, Real Estate Appraiser Licensing and Certification Board, renewal of licensure - qualifications for renewal,

            H. B. 2642, Board of Examiners for Speech-Language Pathology and Audiology, licensure of speech-pathology and audiology,

            And,

            H. B. 2696, Real Estate Appraiser Licensing and Certification Board, requirements for licensure and certification,

            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. 2638, H. B. 2642 and H. B. 2696) 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. 2453, Expanding the Amber Alert Plan,

            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. 2453) 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. 2361, Relating to the definition of “eligible veteran” for certain state training and employment preference benefits,

            And reports the same back with the recommendation that it 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. 2553, Authorizing the Secretary of State to administratively dissolve certain business entities,

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

            Com. Sub. for H. B. 2553 - “A Bill to amend and reenact §31B-8-809 of the Code of West Virginia, 1931, as amended; to amend and reenact §31D-14-1420 of said code; to amend and reenact §31D-15-1530 of said code; to amend and reenact §31E-13-1320 of said code; and to amend and reenact §31E-14-1430 of said code, all relating to the authority to conduct business in the state; authorizing the Secretary of State to administratively dissolve or revoke the certificate of authority of certain business entities; authorizing dissolution or revocation if a professional license has been revoked and that license is necessary for the continued operation of the business entity; and authorizing dissolution or revocation if the business entity is in default with the Bureau of Employment Programs,”

            And,

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

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

            Com. Sub. for H. B. 2554 - “A Bill to amend and reenact §31D-15-1532 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §31D-15-1533; to amend and reenact §31E-14-1432 of said code; to amend said code by adding thereto a new section, designated §31E-14-1533; and to amend and reenact §59-1-2 of said code, all relating to providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations; establishing a fee for reinstatement; and establishing a fee for parties to corporate mergers,”

            With the recommendation that the committee substitutes each 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. 2760, Creating a uniform regulation of firearms, ammunition, and firearm accessories,

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

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

            With the recommendation that the committee substitute do pass.

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. 47 - “A Bill to repeal §19-18-4, §19-18-5, §19-18-6, §19-18-7, §19-18-8, §19-18-9, §19-18-10, §19-18-11 and §19-18-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-18-1, §19-18-2 and §19-18-3 of said code, all relating to providing a general livestock trespass law; prohibiting livestock from trespassing; clarifying damages that may be recovered; permitting containment of livestock; requiring owner of trespassing livestock be notified; requiring containment costs be negotiated; permitting containment costs to be recovered in court; permitting the sheriff to take possession of unclaimed livestock; permitting unclaimed livestock be sold at auction; setting forth how the proceeds of a livestock sale shall be distributed; and establishing misdemeanor penalties”; which was referred to the Committee on Agriculture then the Judiciary.

            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. 194 - “A Bill to repeal §9-2-9b of the Code of West Virginia, 1931, as amended, relating to contract procedures for the Medicaid program; and eliminating Department of Health and Human Resources’ exemption for contracts for the Medicaid program from purchasing requirements”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 214 - “A Bill to amend and reenact §30-3-10 of the Code of West Virginia, 1931, as amended, relating generally to requirements of applicants for a license to practice medicine and surgery or podiatry; eliminating the need for personal interview with the Board of Medicine in certain circumstances; and clarifying that a personal interview by the Board of Medicine of all applicants is not required”; which was referred to the Committee on Government Organization.            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 

            Com. Sub. for S. B. 335 - “A Bill to amend and reenact §16-2D-4 of the Code of West Virginia, 1931, as amended, relating to permitting certain hospitals to request an exemption from certificates of need for health care facilities in specific instances”; which was referred to the Committee on Health and Human Resources then Government Organization.

            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. 338 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to the liability of a possessor of real property for harm to a trespasser”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

            Delegates Hartman and Campbell offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 57 - “Requesting that bridge number 42-219-1.59 on U. S. Route 219 across theTygart River at Elkwater, Randolph County, West Virginia, be named the ‘Fire Chief Lyle Ware Memorial Bridge’.”

            Whereas, Lyle Ware was born June 24, 1924, at Valley Head, West Virginia, the son of Wilson Lyle Ware and Ada Snyder Ware; and

            Whereas, Lyle Ware married Mary Dott Reed May 19, 1943. The couple raised two sons, Roger Ware and Fred Lyle Ware, Jr., and are survived by several generations of relatives living in West Virginia; and

            Whereas, Lyle Ware attended schools of Valley Head, West Virginia and graduated from Tygarts Valley High School in 1942; and

             Whereas, Lyle Ware was in the United States Navy during World War II and was a member of a clean up team in Hawaii, following the Japanese attack on Pearl Harbour; and

            Whereas, Lyle Ware worked thirty years as a coal miner for Island Creek Coal Company at Bayard, WV, owned and operated a business, the Gormania Trading Post, for fifteen years and was a member of the Mount Storm Lions Club; and

            Whereas, Lyle Ware was one of seven men who established the Valley Head Volunteer Fire Department, and served as fire chief of the department for forty-seven years; and

            Whereas, While serving as fire chief, Lyle Ware was instrumental in providing ambulance service to his community for thirty years, the purchasing of five new fire trucks, obtaining the “jaws of life” equipment, building a new fire station, and many other projects; and

            Whereas, Concerned about providing needed water for his area, Fire Chief Lyle Ware, along with other members of the Valley Head Volunteer Fire Department, partnered with the U. S. Department of Agriculture to install four fire hydrants in the fire district. Chief Ware also worked with the Upper Tygart Valley River Water Shed organization to provide southern Randolph County residents much needed safe potable water and increased fire protection through establishment of the Elkwater Dam; and

            Whereas, Fire Chief Lyle Ware was awarded Randolph County Fireman of the Year in 1989 and was presented the Distinguished Mountaineer award in 2006 by Governor Manchin; and

            Whereas, Fire Chief Lyle Ware served as president of the Randolph County Fire Association and belonged to the West Virginia Fire Chiefs’ Association and the West Virginia Firemen’s Association; and

            Whereas, The Legislature finds it is fitting to recognize and honor the outstanding public service of Lyle Ware; therefore, be it

            Resolved by the Legislature of West Virginia:

            That bridge number 42-219-1.59 on U. S. Route 219 across the Tygart River at Elkwater, Randolph County, West Virginia, be named the “Fire Chief Lyle Ware 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 “Fire Chief Lyle Ware 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 members of the Lyle Ware family.

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

            H. C. R. 58 - “Requesting the Division of Highways to name the bridge located at Sauls Run Rte 119\21, Lewis County, specifically bridge number 21-119\21-1.77, the ‘Marine Lance Corporal Michael Steven Garrett Memorial Bridge’.”

            Whereas, Michael Steven Garrett was born on October 25, 1948 in Weston, West Virginia to Jack Walder Garrett and Lucille Irene Garrett. He attended Weston High School. He joined the United States Marine Corps on March 29, 1968. His unit was the CAP 1-1-6, CAO 1-1 1st CAG, COMBINED ACTION, III MAF. He began a tour of duty in Vietnam on September 12, 1968. He was shot on March 3, 1969, in Quang Tin Province, South Vietnam while on patrol and died on March 4, 1969 at the 95th Evacuation Hospital Danang. He was buried in the Masonic Cemetery in Weston, West Virginia alongside his parents. He was survived by his siblings, Donnie Garrett of Weston, Jackie Garrett of Buchannon, Frances Saunders of Weston, Sharon Powell of Buchannon and Randy Harris of Amarillo, Texas; and

            Whereas, Lance Corporal Michael Steven Garrett made the supreme sacrifice for his country and state; and

            Whereas, It is fitting to honor Michael Steven Garrett by naming the bridge located at Sauls Run Rte 119\21, Lewis County, specifically bridge number 21-119\21-1.77, the “Marine Lance Corporal Michael Steven Garrett 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 Sauls Run Rte 119\21, Lewis County, specifically bridge number 21-119\21-1.77, the “Marine Lance Corporal Michael Steven Garrett 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 “Marine Lance Corporal Michael Steven Garrett 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 Marine Lance Corporal Michael Steven Garrett.

            Mr. Speaker, Mr. Thompson, and Delegates Anderson, Armstead, Ashley, Barill, Boggs, Caputo, Cowles, Diserio, Eldridge, Ellem, Ellington, Espinosa, D. Evans, Ferns, Ferro, Gearheart, Hamilton, Hamrick, Hartman, Howell, Jones, Lane, Marcum, Miley, Miller, Moore, Morgan, Moye, E. Nelson, J. Nelson, O’Neal, Pasdon, Perdue, Perry, Pethtel, R. Phillips, Raines, Shott, Skaff, Sobonya, Stowers, Sumner, Swartzmiller, Tomblin, Walker, White and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 18 - “Calling upon the United States Congress to preserve the United State’s Constitutional Second Amendment Rights of our citizens and to address the greatest cause of acts of mass violence, mental illness.”

            Whereas, Our nation has recently suffered from various acts of mass murder, most notably the tragedy of December 14, 2012 at Sandy Hook Elementary School; and,

            Whereas, Law abiding citizens are not an issue; and

            Whereas, Millions of Americans own firearms and do so safely, responsibly and legally; and

            Whereas, Law abiding citizens should not be punished for the crimes of evil people; and

            Whereas, The investigative research of these tragic events most often leads us to the underlying cause being linked to mental illness and not law abiding gun ownership; and

            Whereas, The real issue, the real threat, is dangerous criminals and the seriously mentally ill who need supervision and treatment; and

            Whereas, Violent behavior by individuals suffering from various forms of mental illness is the true issue that warrants the focus of our nation's President and Congress; and

            Whereas, West Virginia is a state that strongly supports the Second Amendment rights of the United State's Constitution and the rights found in Article Three, Section Twenty-two of its own Constitution, and believes that all efforts should be undertaken to preserve such rights to the fullest.

            Resolved by the House of Delegates:

            That the West Virginia House of Delegates conveys to the Congress of the United States that it supports efforts to preserve and protect our freedoms especially preserving the Second Amendment rights of all law abiding Americans; and, be it

            Further Resolved, That the West Virginia House of Delegates urges the United States Congress to focus on strengthening the areas of mental health diagnosis and treatment; and

            Further Resolved, That the West Virginia House of Delegates requests that the West Virginia Congressional Delegation support actions that preserve Second Amendment Rights and efforts to address mental health diagnosis and treatment in the hope that our nation will never again experience these senseless acts of mass murder, and, be it

            Further Resolved, That the Clerk of the West Virginia House of Delegates deliver a copy of this resolution to the Vice President of the United States and the President pro tempore of the United States Senate, to the Speaker of the House of Representatives, to the Majority and Minority Leaders of the both Houses of Congress, and each United States Senator and Member of the House of Representatives from West Virginia.

Bills Introduced

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

By Delegate Storch:

            H. B. 2834 – “A Bill to amend and reenact §60-6-7 of the Code of West Virginia, 1931, as amended, relating to state control of alcoholic liquors; miscellaneous provisions; and exempting valid nonprofit organizations from licensing requirements of the West Virginia Alcoholic Beverage Control Authority during certain events”; to the Committee on the Judiciary then Finance.

By Delegate Overington:

            H. B. 2835 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-45-1 and §16-45-2, all relating to federal health care legislation; invalidity of federal health care legislation in this state; violations and criminal penalties; and providing a private right of action”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Boggs, White, Lane and Ellem:

            H. B. 2836 – “A Bill to amend and reenact §4-5-2 of the Code of West Virginia, 1931, as amended, relating to the Commission on Special Investigations generally; granting certain commission personnel the right to carry firearms in the course of their employment”; to the Committee on the Judiciary.

By Delegates Boggs, White, Reynolds, Hunt, Guthrie, Perdue, Pethtel, Williams, Manypenny, R. Phillips and Skaff

            [By Request of the Treasury Department]:

            H. B. 2837 – “A Bill to repeal §12-1-12c of the Code of West Virginia, 1931, as amended; to repeal §12-6B-1, §12-6B-2, §12-6B-3 and §12-6B-4 of said code; to repeal §48-2-604 of said code; to amend and reenact §5-10B-3 of said code; to amend said code by adding thereto a new section, designated §5-10B-14; to amend and reenact §12-1-3, §12-1-8, §12-1-11 and §12-1-12b of said code; to amend and reenact §12-2-2 and §12-2-3 of said code; to amend and reenact §12-3-1 of said code; to amend and reenact §12-3A-3 of said code; to amend and reenact §12-5-4 of said code; to amend and reenact §12-6A-1, §12-6A-2, §12-6A-3, §12-6A-4 and §12-6A-5, §12-6A-6 and §12-6A-7 of said code; to amend and reenact §12-6C-7 and §12-6C-9 of said code; to amend and reenact §18-30-8 and §18-30-11 of said code; to amend and reenact §33-3-14d; and to amend and reenact §36-8-13 of said code, all relating to the State Treasurer’s office; authorizing organizations exempt from taxation within West Virginia to participate in the deferred compensation plan in accordance with the Internal Revenue Code; authorizing Roth accounts within the deferred compensation plan in accordance with the Internal Revenue Code; authorizing financial institutions to offer products in addition to certificates of deposit; updating references to investing authorities to include the Board of Treasury Investments; raising the amount of eligible deposits from $100,000 to the amount insured by a federal agency; deleting archaic language pertaining to eligible depositories; amending language pertaining to what constitutes a conflict of interest for applicants and employees of the Treasurer’s office in connection with financial institutions by prohibiting those persons with a defined conflict from participating in the selection of or in contract negotiations with a depository; authorizing depositories to submit reports in an electronic format; repealing duplicate §12-1-12c; clarifying that payments under the CMIA are interest payments; changing the CMIA report from a quarterly report to an annual report since the calculation is only prepared annually; changing the requirement that deposits are required within twenty-four hours to one business day; establishing standards for receipting of moneys, including reviewing of internal controls by auditors and the Treasurer and ensuring copies of audits are submitted to the Legislative Auditor; ensuring confidential information in internal control procedures is redacted before release; clarifying the definitions of federal, special and general revenue funds; eliminating reference to the chief inspector of public offices, which position has not existed for many years; changing the report to the Legislative Auditor for accounts outside the treasury from quarterly to an annual report; clarifying that investments are managed by the Board of Treasury Investments in addition to the Investment Management Board; conforming language pertaining to determining the amount of federal funds in stale state checks to the capabilities of the Enterprise Resource Planning System; clarifying that the Treasurer determines the competitive bidding of banking, investment and related goods and services required for treasury operations; authorizing the Treasurer to develop procedures for storing, retaining and disposing of records for his or her office; ensuring the Director of the Division of Archives and History receives records with historical value; clarifying that the Treasurer is responsible for earnings received on securities, not just interest; repealing §12-6B-1 et seq.; consolidating the debt capacity division into the debt management division; amending legislative findings to acknowledge the importance of monitoring the debt of the state and its spending units; continuing division of debt management as the central information source for debt issued by the state and its spending units; expanding the definition of debt to include debentures, lease purchases, mortgages, securitizations and other types of obligations with specific amounts owed and payable on demand or on determinable dates; defining debt impact report, moral obligation bond, net tax supported debt and tax supported debt; amending definition of spending unit; eliminating requirement for developing a long-term debt plan; clarifying the division is responsible for continuously evaluating debt and debt service requirements and reviewing all proposed debt offerings of the state and its spending units; clarifying the division is to issue a debt impact report if requested by the Governor, Senate President or House of Delegates Speaker and that the report shall not restrict the Governor, Legislature or spending unit; requiring the division to monitor continuing disclosure requirements and post-issuance compliance issues; eliminating requirement that the debt management division provide staff for the debt capacity division; clarifying the reporting requirements of the division and the spending units; requiring the division to prepare and issue the debt capacity report; clarifying the Treasurer promulgates the rules; altering the bond required for the Board of Treasury Investments from $50 million to at least $10 million, as set by the board; updating language pertaining to rating agencies to nationally recognized statistical rating organizations; permitting investment in corporate debt in investment grade securities and in money market and other fixed income funds; authorizing the board to make loans specified by the Legislature and to offer an equipment and software financing program for state government entities; removing requirement that direct or guaranteed obligations of the United States constitute at least fifteen percent of the consolidated fund; providing that securities falling out of compliance with the Code do not have to be sold if the investment manager and investment consultant recommend retention; authorizing moneys in the College Prepaid Tuition and Savings Program Administrative Account be used to provide matching grants and scholarships for the program; clarifying the value of a prepaid tuition or savings plan account is not considered for purposes of determining eligibility for income-based governmental financial assistance unless required by federal law; satisfying amounts due to and from policemen’s and firemen’s pension and relief funds and the Teachers Retirement System; authorizing expenses related to operations and programs of the office of the Treasurer from the Unclaimed Property Fund; authorizing transfer of moneys from the Unclaimed Property Trust Fund for payment to policemen’s and firemen’s pension and relief funds; repealing §48-2-604 which duplicates the fee for marriage licenses; and making various technical clean up revisions”; to the Committee on Pensions and Retirement then Finance.

By Delegates Fragale, Guthrie, Manypenny, Ferns, Skaff, R. Phillips, Raines, Barrett and Sponaugle:

            H. B. 2838 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating regulations for commercial dog breeding operations; providing definitions; providing exceptions; allowing commercial breeders to sell dogs only as household pets; requiring a business license if required by the locality; authorizing county commissions to charge a fee to a commercial dog breeder to obtain an annual permit to operate; limiting the amount of the fee which may be charged; providing for the responsibilities of the commercial dog breeder; setting forth the requirements for maintaining adequate housing facilities and primary enclosures; providing for inspections by animal control officers or law-enforcement officers; prohibiting a commercial dog breeder to operate if convicted of animal cruelty; providing for no exemption from these provisions for a facility licensed by the United States Department of Agriculture; and providing criminal penalties”; to the Committee on Agriculture then the Judiciary.

By Delegates Storch, McCuskey, E. Nelson, Andes, Craig, Pasdon, Raines, Skaff and White:

            H. B. 2839 – “A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to payment of employees separated from payroll before paydays; making stylistic changes; and providing that employees who provide one pay period’s notice of intention to end his or her employment be paid within the next payroll cycle”; to the Committee on the Judiciary then Finance.

By Delegates Armstead, Raines, McCuskey, Walters and Lane:

            H. B. 2840 – “A Bill to amend and reenact §11-1C-4 and §11-1C-9 the Code of West Virginia, 1931, as amended; and to amend and reenact §11-3-2a and §11-3-24 of said code; and to amend said code by adding thereto a new section, designated §11-3-24c, all relating to valuation and assessment of property for ad valorem property taxation; allowing a real property owner to submit an independent appraisal of the property to the assessor; providing for notice to an owner of an increase in the assessed value that is greater than sixty percent of the value determined by an independent appraisal; objections by property owners to an increase in the assessed value before the board of equalization and review; providing that the assessor bear the burden of proof to show that the value of the independent appraisal is incorrect; assessment of property when the independent appraisal thereof is found to be correct; burden of proof in challenges to appraisals and assessments; legislative findings; establishing the burden and degree of proof necessary to challenge an assessment or appraisal of property”; to the Committee on the Judiciary then Finance.

By Delegates Overington, Lane, D. Evans, R. Smith, Armstead, Arvon, Gearheart, Butler, Householder, Sobonya and Cadle:

            H. B. 2841 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-1a, relating to federal health care legislation and a prohibition against the federal government from requiring state agencies to enforce its provisions”; to the Committee on Health and Human Resources then Finance.

By Delegates Boggs, Swartzmiller, Ferro, Caputo and D. Poling

            [By Request of the State Auditor’s Office]:

            H. B. 2842 – “A Bill to amend and reenact §36-9-3 and §36-9-23 of the Code of West Virginia, 1931, as amended, all relating to clarifying that time-sharing plans, accommodations and facilities are subject to regulation by the Division of Land Sales and Condominiums; and granting the Division of Land Sales and Condominiums the authority to seek additional relief in circuit courts”; to the Committee on the Judiciary.

By Delegates Armstead, Butler, Folk, Cadle, Westfall, Hamrick, McCuskey, Hamilton, Raines, Ambler and Andes:

            H. B. 2843 – “A Bill to repeal §55-7-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §55-7-13a, §55-7-13b and §55-7-13c, all relating to comparative fault; abolishing joint liability; providing that damages be allocated to any defendant held liable in direct proportion to that defendant’s percentage of fault; and providing for method of assessing fault of the parties”; to the Committee on the Judiciary.

By Delegates Armstead, Espinosa, Cadle, D. Evans, R. Smith, Ashley, Anderson, Arvon, Raines, Storch and E. Nelson:

            H. B. 2844 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all relating to creating the Jobs Impact Statement Act; requiring a jobs impact statement for certain proposed legislation; the contents of the statement; and providing that the West Virginia Development Office prepare a jobs impact statement when requested by the Governor or leader of either House of the Legislature”; to the Committee on the Judiciary then Finance.

By Delegates Armstead, Cowles, Faircloth, Rowan, Howell, Frich, Ellem, Anderson, Border, Hamilton and Cooper:

            H. B. 2845 – “A Bill to amend and reenact §6-5-5 of the Code of West Virginia, 1931, as amended, relating to matters affecting the right to hold office; and the disqualification of persons convicted of treason, felony or bribery from holding public office”; to the Committee on the Judiciary.

By Delegates Canterbury, Walters, Ambler and Ashley:

            H. B. 2846 – “A Bill to amend and reenact §12-6-12 of the Code of West Virginia, 1931, as amended, relating to removing investment restrictions on foreign securities”; to the Committee on Finance.

By Delegates Boggs, Swartzmiller, Ferro, Caputo and D. Poling

            [By Request of the State Auditor’s Office]:

            H. B. 2847 – “A Bill to amend and reenact §11A-1-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11A-1-7a, all relating to the collection of delinquent real property and personal property taxes by county sheriffs”; to the Committee on the Judiciary then Finance.

By Delegates Boggs, Swartzmiller, Ferro, Caputo and D. Poling

            [By Request of the State Auditor’s Office]:

            H. B. 2848 – “A Bill to amend and reenact §11A-3-18, §11A-3-27, and §11A-3-28 of the Code of the West Virginia, 1931, as amended, all relating generally to the sale of tax liens and nonentered, escheated and waste and unappropriated lands; providing the process for requesting a refund after forfeiture of rights to a tax deed; clarifying deadlines for receipt of tax deeds and refunds related to failure to meet deadlines; providing procedure for petitioning to compel execution of a deed by the State Auditor; removing the provisions allowing judgment against the State Auditor for costs in the case of failure or refusal to execute a deed without reasonable cause”; to the Committee on the Judiciary then Finance.

By Delegates Boggs, Swartzmiller, Ferro, Caputo and D. Poling

            [By Request of the State Auditor’s Office]:

            H. B. 2849 – “A Bill to amend and reenact §6-9-7 and §6-9-9a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §6-9-9b, all relating to audits and investigations by the chief inspector of public offices; clarifying that the chief inspector may also investigate, in addition to examine, the financial affairs of local governmental offices or political subdivisions and boards, commissions, authorities, agencies and other entities; clarifying that the chief inspector may also initiate civil and criminal actions if an investigation discloses misfeasance, malfeasance or nonfeasance; providing for confidentiality of reports and working papers of the chief inspector division; and defining a term”; to the Committee on Government Organization then the Judiciary.

By Delegates Boggs, Moore, Hamilton and Azinger:

            H. B. 2850 – “A Bill to amend and reenact §33-17A-4 of the Code of West Virginia, 1931, as amended, relating to preventing the cancellation and nonrenewal of property homeowners insurance based upon a claim arising from natural causes or upon an inquiry that does not result in a claim”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Boggs, Ashley, D. Poling, Caputo and Swartzmiller

            [By Request of the State Auditor’s Office]:

            H. B. 2851 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-9-8a, relating to establishing a one time audit cost amnesty program for local governments with delinquent audit costs”; to the Committee on Political Subdivisions then Finance.

By Delegate Hunt:

            H. B. 2852 – “A Bill to amend and reenact §5-11-3 of the Code of West Virginia, 1931, as amended, relating generally to the West Virginia Human Rights Act; defining an employer for purposes of the act as employing one or more person(s)”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegate Hunt:

            H. B. 2853 – “A Bill to amend and reenact §38-10-4 of the Code of West Virginia, 1931, as amended, relating to increase the amount of certain exemptions of property in bankruptcy proceedings”; to the Committee on the Judiciary.

By Delegate Hunt:

            H. B. 2854 – “A Bill to amend and reenact §5-10-18 of the Code of West Virginia, 1931, as amended, relating to reentry into the Public Employees Retirement System by members of the Legislature; providing for each election or reelection to the Legislature to begin a new time period in which forfeited service credit may be restored”; to the Committee on Pensions and Retirement then Finance.

By Delegate Ferro:

            H. B. 2855 – “A Bill to amend and reenact §20-2-5 and §20-2-5g of the Code of West Virginia, 1931, as amended, all relating to permitting persons sixty years of age and older to hunt deer with a crossbow instead of a traditional bow during any archery season in which deer hunting is permitted”; to the Committee on Natural Resources then the Judiciary.

House Calendar

Third Reading

            Com. Sub. for H. B. 2585, Increasing the time to file a petition in response to notice of an increased assessment; 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. 14), 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: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2585) passed.

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

First Reading

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

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

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

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

            And,

            Com. Sub. for H. B. 2764, Relating to compulsory school attendance.

Leaves of Absence

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

Remarks by Members

            Delegates Armstead and Raines addressed the House regarding valuation and assessment of property for ad valorem property taxation, and at the conclusion thereof, Delegate Andes asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

            At 11:41 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 7, 2013.

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