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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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__________*__________



 

Tuesday, March 12, 2013

TWENTY-EIGHTH 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 11, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate White, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            S. B. 197, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to various accounts,

            And reports the same back with the recommendation that it 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. 2688, Board of Optometry, continuing education,

            H. B. 2689, Board of Optometry, schedule of fees,

            H. B. 2713, Board of Optometry, expanded therapeutic procedures certificates, 

            And,

            H. B. 2778, Defining alternative nicotine products and electronic cigarettes.

            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. 2688, H. B. 2689, H. B. 2713 and H. B. 2778) were each referred to the Committee on the Judiciary.

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

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

            H. B. 2131, Requiring Medicaid to have public notice and comment period and to have state plan amendments approved by LOCHHRA,

            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. 2131) was referred to the Committee on Finance.

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

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

            H. B. 2766, Creating the “West Virginia Winner” program,

            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 Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 2766) was referred to the Committee on Finance.

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

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

            H. B. 2512, Reforming the State Medicaid subrogation statute,

            H. B. 2589, Repeals the section requiring a license to sell drug paraphernalia, 

            H. B. 2667, Department of Health and Human Resources, minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults,

            And, 

            H. B. 2670, Department of Health and Human Resources, general sanitation,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2512, H. B. 2589, H. B. 2667 and H. B. 2670) were each referred to the Committee on the Judiciary.

Messages from the Executive

            The Speaker presented annual reports from various state agencies as required by the provisions of law, as follows:

            Commission on Special Investigations

            Film Office

            Juvenile Services, Division of

            Library Commission

            Massage Therapy

            Public Service Commission

            The above- referenced reports are on file in the Clerk’s Office.

Messages from the Senate

            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. 125 - “A Bill to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to permitting the Monongalia county commission to levy a special district excise tax”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the adoption, as amended, of

            Com. Sub. for S. C. R. 5, Requesting DOH name bridge in Wetzel County “Army Sgt. Norman R. Cunningham Memorial Bridge”.

Resolutions Introduced

            Delegates Perry, Staggers, Pino, Iaquinta, Moore, Marshall and Poore offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 68 - “Requesting that bridge number 10-16-21.80 carrying State Route 16 across the New River near Cotton Hill, Fayette County, West Virginia, currently named the Charles C. Rogers Bridge, be renamed the ‘Army Maj. Gen. Charles C. Rogers Memorial Bridge’ to properly acknowledge the military title and rank of this career soldier who was awarded the nations highest military honor for bravery in Viet Nam.”

            Whereas, Charles C. Rogers was born September 6, 1929 in Clairmont, West Virginia and graduated from DuBois High School in Mount Hope, West Virginia; and

            Whereas, Charles C. Rogers received a Bachelor of Science degree at Shippensburg State College in Pennsylvania; and

            Whereas, While holding the rank of Lieutenant Colonel in the United States Army serving in Viet Nam in 1968, Charles C. Rogers distinguished himself acting at the risk of his own life above and beyond the call of duty while commanding the 1st Battalion, 5th Field Artillery Regiment, 1st Infantry Division which repelled repeated enemy artillery and ground attacks against their fire support base by forces superior in numbers, and during the repeated attacks the commander received several serious wounds but continued to lead his troops; and

            Whereas, For his bravery and outstanding leadership Charles C. Rogers received the Congressional Medal of Honor; and

            Whereas, Following service in Viet Nam Charles C. Rogers continued to command United States Army troops in Germany, reaching the rank of Major General; and

            Whereas, Following retirement from the Army, Major General Rogers was ordained a Baptist minister, continued to live in Germany and served U. S. troops stationed in Germany; and

            Whereas, Major General Rogers died in Germany in 1990 and was buried in Arlington National Cemetery; and

            Whereas, It is the desire of the local community and the Legislature that Bridge Number 10-16-21.80 be renamed to reflect the rank and title which Major General Rogers attained in the service of his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That bridge number 10-16-21.80 carrying State Route 16 across the New River near Cotton Hill, Fayette County, West Virginia, currently named the Charles C. Rogers Bridge, be renamed the “Army Maj Gen Charles C. Rogers 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 “Army Maj Gen Charles C. Rogers 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 Charles C. Rogers family.

            Delegates E. Nelson, Ambler, Anderson, Andes, Armstead, Ashley, Barrett, Butler, Campbell, Canterbury, Cowles, Craig, Ellington, E. Evans, D. Evans, Ferns, Gearheart, Hartman, Householder, Howell, Ireland, Lane, McCuskey, Miley, Miller, O’Neal, Pasdon, R. Phillips, Raines, Reynolds, Skaff, P. Smith, Sobonya, Staggers, Storch, Stowers, Sumner, Walters, White and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 69 - “Requesting the Joint Committee on Government and Finance study the impact of the $200 million, more or less, in economic development grants used during the Governor Bob Wise administration.”

            Whereas, Economic development is vital for the continued growth and prosperity of West Virginia; and

            Whereas, Recipients of economic development grants must be carefully selected in order to achieve the maximum benefit for the citizens of West Virginia; and

            Whereas, It is the desire of the Legislature to provide oversight to ensure that the money of the people of West Virginia is wisely spent; and

            Whereas, After nearly a decade, the opportunity to assess the effectiveness of these economic development grants is certainly ripe and timely; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance study the disposition of the $200 million, more or less, in economic development grants used during the Governor Bob Wise administration, including the name and location of the entities receiving the funds disbursed; and, be it

            Further Resolved, That the committee examine and have data compiled delineating the time frame from the initial approval of these grants to the time the grants were actually invested, and the amount of state funds as a percentage of total investment in each project; and, be it

            Further Resolved, That the committee shall especially consider the impact of these economic development projects upon the communities in which they were and are situated and whether they have succeeded in providing a net economic benefit to the community; and, be it

            Further Resolved, That the committee shall examine whether the economic development projects actually used the funds received in a manner consistent with the original proposed use of state funds; and, be it

            Further Resolved, That the committee shall consider all such information or documentation as the committee may request in order to achieve the goals of this resolution; and, be it

            Further Resolved, That the committee report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegates Howell, Ambler, Armstead, Canterbury, Ellington, Espinosa, D. Evans, Faircloth, Folk, Frich, Gearheart, Kump, McCuskey, E. Nelson, J. Nelson, Shott and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 70 - “Requesting the Joint Committee on Government and Finance study the feasability of having magistrate districts to be the same as delegate districts and circuit courts’ geographical jurisdiction to be the same as senatorial districts.”

            Whereas, The Legislature desires to provide the citizens of this state with efficient levels and branches of government; and

            Whereas, A need exists to analyze the benefits and costs associated with the geographical jurisdictions of magistrate courts and circuit courts; and

            Whereas, The Legislature needs to examine and compare the current judicial districts with the current legislative districts in order to determine whether they should be one and the same; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study feasability of magistrate districts being the same as delegate districts and circuit courts’ geographical jurisdiction to be the same as senatorial districts; and, be it

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

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegates E. Nelson, Ambler, Anderson, Andes, Armstead, Canterbury, Craig, D. Evans, Gearheart, Householder, Ireland, Lane, McCuskey, Miller, Reynolds, Sobonya, Storch, Sumner and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 71 - “Requesting the Joint Committee on Government and Finance to study the impact of the Neighborhood Investment Program tax credit.”

            Whereas, Our state faces unprecedented challenges in its budget; and

            Whereas, The continued viability of our revenue streams is of the prime importance; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the history and the impact of the Neighborhood Investment Program tax credit; and, be it

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

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegates E. Nelson, Ambler, Andes, Butler, Canterbury, Ellington, D. Evans, Gearheart, Hartman, Householder, Lane, McCuskey, Miller, Raines, Sobonya, Storch and Sumner offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 72 - “Requesting the Joint Committee on Government and Finance study the impact of consolidating certain constitutional offices, including the Treasurer and Auditor.”

            Whereas, The State of West Virginia has, in addition to the Governor, five additional elected offices in its Board of Public Works; and

            Whereas, These offices were established many years ago and the need for and scope of the powers and duties of such offices merits review on a periodic basis; and

            Whereas, Significant savings to the citizenry may be realized from combining or reassigning the powers and duties of these offices and, in some cases, possibly by consolidating the offices themselves; and

            Whereas, It behooves this body to act in every expedient manner to save the taxpayer moneys which would otherwise be better expended; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance study the impact of combining the offices of Treasurer and Auditor into a single elected office, the savings to be realized by this and issues arising from it; and, be it

            Further Resolved, That the committee consider the impact of eliminating the offices of Treasurer and Auditor and providing the services currently provided by these offices by other agencies of the executive branch; and, be it

            Further Resolved, That the committee consider the impact of eliminating the office of Auditor and replacing it with a legislative audit office under joint control of a committee comprised of equal numbers of members of each political party in the Legislature and of equal numbers from each house of the Legislature; and, be it

            Further Resolved, That the committee consider all information or documentation as the committee requests in order to achieve the goals of this resolution; and, be it

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

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Bills Introduced

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

By Mr. Speaker, Mr. Thompson, and Delegates Caputo, Boggs, Williams, Manchin, Ferro, Swartzmiller, Skaff, D. Poling, Stowers and Fleischauer:

            H. B. 2898 – “A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to maintaining a minimum of eight hundred state troopers by July 1, 2018"; to the Committee on Finance.

By Delegates Caputo, Boggs, D. Poling, Reynolds, Pethtel, Hamilton, Walker, Morgan, Diserio, Poore and Stephens:

            H. B. 2899 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to compensating state troopers for off-duty time when they are required to be on standby to be called back to work”; to the Committee on Finance.

By Delegates Folk, Hamrick, Staggers and Kump:

            H. B. 2900 – “A Bill to amend and reenact §8-29-6 of the Code of West Virginia, 1931, as amended, relating to requiring regional airport authority board members to include persons of area expertise”; to the Committee on Government Organization then Finance.

By Delegates Shott, Moore, Ellington, Gearheart and L. Phillips:

            H. B. 2901 – “A Bill to amend and reenact §49-5-11 of the Code of West Virginia, 1931, as amended, relating to juvenile proceedings; and requiring the Supreme Court of Appeals and the county board of education to each pay one half of the costs for hiring a school-based juvenile probation officer under specified circumstances”; to the Committee on the Judiciary then Finance.

By Delegates Miley, Skinner and Ferro:

            H. B. 2902 – “A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, all relating to establishing voting precincts and changing the composition of standard receiving boards; increasing the limit on the size of voting precincts to three thousand registered voters in urban areas and one thousand in rural areas; permitting precincts in urban or rural areas to have fewer than the minimum numbers of registered voters allowed; permitting an increase in the size of standard receiving boards in enlarged precincts; providing an option to have more poll workers and commissioners; and permitting fewer poll workers in precincts during a municipal election where there is no simultaneous state or county election”; to the Committee on the Judiciary then Finance.

By Delegates Walters, Paxton and M. Poling:

            H. B. 2903 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1-1b, relating to taxation; creating the Economic Fairness Act of 2013; and requiring the Tax Commissioner to refund to the five counties with the highest unemployment, twenty percent of the personal income tax collected”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.

By Delegates Kump, Canterbury, Faircloth, Rowan, Howell, Ambler, Folk, Romine and R. Smith:

            H. B. 2904 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-14-1, §4-14-2, §4-14-3, §4-14-4 and §4-14-5, all relating to the Office of State Employee Ombudsman; creating a State Employee Ombudsman; describing the qualifications of the State Employee Ombudsman; providing for powers and duties; specifying investigatory powers; describing complaint procedures; requiring annual reports; describing penalties for noncompliance; and allowing for enforcement”; to the Committee on Government Organization then Finance.

By Delegates Fleischauer, Pasdon, Campbell, Lynch, Hunt, Ferns, Perry, Moore, Marshall, Barill and Perdue:

            H. B. 2905 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-3-18, relating to establishing anesthesia patient safety standards for office-based surgery; granting regulatory authority to the Board of Medicine and the Board of Osteopathy; making legislative findings; establishing registration requirements; requiring registration fees; and authorizing rule making”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Skinner, Lawrence and Morgan:

            H. B. 2906 – “A Bill to amend and reenact §30-27-6 of the Code of West Virginia, 1931, as amended, relating to the board of Barbers and Cosmetologists; and requiring that examinations for cosmetologists be given in a language that the testing vendor offers”; to the Committee on Government Organization then the Judiciary.

By Delegates L. Phillips, R. Phillips, Tomblin, Eldridge, Stowers, White, Craig, Moore and Barill:

            H. B. 2907 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-3F-1, §61-3F-2, §61-3F-3, §61-3F-4 and §61-3F-5, all relating to property crimes committed against coal mines and other industrial facilities; making legislative findings; defining terms; providing for additional criminal penalties for trespass at a coal mine or industrial facility; providing for criminal penalties and restitution for the removal, destruction, injury or defacement of real or personal property belonging to a coal mine or industrial facility; and providing that prosecution for other crimes is not precluded”; to the Committee on the Judiciary then Finance.

By Delegates Folk, Hamrick and Kump:

            H. B. 2908 – “A Bill to amend and reenact §8-29-4 of the Code of West Virginia, 1931, as amended, relating to regional airports; reducing the terms of members; altering membership; and calculating membership for each municipality”; to the Committee on Government Organization then Finance.

By Delegates White, Eldridge, Ferns, Marshall, Perry, D. Poling, Marcum, Stowers, R. Phillips and Pino

            [By Request of the Department of Administration]:

            H. B. 2909 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-8a, relating to air-ambulance fees paid by the West Virginia Public Employees Insurance Agency”; to the Committee on Health and Human Resources then Finance.

By Delegates White and Marcum

            [By Request of the Tax and Revenue Department]:

            H. B. 2910 – “A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-5bb, relating to the collection of taxes; requiring the lottery commission to offset certain lottery prizes against the state tax liabilities of the prize winner; authorizing an agreement between the tax department and the lottery commission for the purpose of establishing collection procedures”; to the Committee on the Judiciary then Finance.

By Delegates Folk, Householder, Frich, Kump, Faircloth, Lynch, Williams, Butler, Cooper, Cadle and Shott:

            H. B. 2911 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-4a, relating to dangerous weapons; license to carry a concealed weapon; and providing an exemption of license information from disclosure under the West Virginia Freedom of Information Act”; to the Committee on the Judiciary.

By Delegates White, Marcum and Moore

            [By Request of the Tax and Revenue Department]:

            H. B. 2912 – “A Bill to amend and reenact §11-10-5s of the Code of West Virginia, 1931, as amended, relating to disclosure of confidential taxpayer information; authorizing the disclosure of specified tax information by the Tax Commissioner to the Attorney General; authorizing the disclosure of specified tax information by the Attorney General to specified persons relevant to enforcement of Tobacco Master Settlement Agreement; authorizing the Tax Commissioner to enter into a written agreement with the State Auditor for disclosure of confidential tax information to the State Auditor to facilitate the State Auditor's participation in federal and state offset programs to collect unpaid taxes; and providing for protection and limited use of confidential information”; to the Committee on the Judiciary then Finance.

By Delegates White and Marcum

            [By Request of the Tax and Revenue Department]:

            H. B. 2913 – “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §11-10-26, relating to correction of certain erroneous distributions, transfers, allocations, overpayments or underpayments; specifying immunity of agencies, subdivisions and instrumentalities of this state from any fine, penalty, assessment or imposition as a result of, or attributable to the erroneous distribution, transfer, allocation, overpayment or underpayment of moneys”; to the Committee on the Judiciary then Finance.

By Delegates White and Marcum

            [By Request of the Tax and Revenue Department]:

            H. B. 2914 – “A Bill to amend and reenact §11-14B-14 of the Code of West Virginia, 1931, as amended, relating to conformity with the international fuel tax agreement, specifying that on and after July 1, 2013, specified provisions of the international fuel tax agreement, as amended and in effect on that date, apply to motor fuel taxes collected under the international fuel tax agreement”; to the Committee on Roads and Transportation then Finance.

By Delegates White and Marcum

            [By Request of the Tax and Revenue Department]:

            H. B. 2915 – “A Bill to amend and reenact §11-10-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §38-10C-2 of said code, all relating to the withdrawal of state tax liens recorded prematurely, inadvertently or erroneously”; to the Committee on the Judiciary then Finance.

By Delegates White and Marcum

            [By Request of the Tax and Revenue Department]:

            H. B. 2916 – “A Bill to amend and reenact §11-21-8g of the Code of West Virginia, 1931, as amended, relating to eliminating eligibility of expenses for qualified rehabilitated building investment credit for residential structures; specifying effective dates”; to the Committee on Finance.

House Calendar

Second Reading

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

            Com. Sub. for H. B. 2397, Authorizing a county commission to temporarily fill vacancies in certain offices,

            Com. Sub. for H. B. 2414, Conveying property to a nonprofit,

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

            And,

            Com. Sub. for H. B. 2747, Relating to Open Governmental Proceedings.

First ReadingCom. Sub. for H. B. 2567, Relating to limited partnerships; on first reading, coming up in regular order, was read a first time and ordered to second reading,

            At 11:39 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 13, 2013.

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