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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)
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



__________*__________



 

Wednesday, March 13, 2013

TWENTY-NINTH 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 12, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            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. 2770, Permitting dealers who sell fewer than eighteen new or used motor vehicles during a year to have their dealer licenses renewed,

            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. 2497, Requiring applicants for licenses for original brokers, associate brokers or sales persons to agree to finger printing and criminal history record checks,

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

            Com. Sub. for H. B. 2497 - “A Bill to amend and reenact §30-40-11 of the Code of West Virginia, 1931, as amended, relating to application for a real estate license; requiring applicants for real estate licensure to undergo criminal history record checks; declaring the criminal history record check requirement is not against public policy; requiring applicants to submit fingerprints for the criminal history record check; requiring applicants to authorize the use of fingerprints to conduct the criminal history record check; prohibiting the release of criminal history records except in certain limited circumstances; declaring that criminal history records are not subject to the Freedom of Information Act; requiring the applicant to ensure that the criminal history record check is completed within ninety days of licensure application; requiring the applicant to pay the actual costs of the criminal history record check; requiring the commission to promulgate a legislative rule to make the procedures and requirements consistent with federal standards before implementing the requirement for criminal history record checks; and requiring the commission to issue a license to an attorney in good standing,”

            H. B. 2603, Relating to the Family Protection Services Board,

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

            Com. Sub. for H. B. 2603 - “A Bill to repeal §48-26-404, §48-26-405, §48-26-601, §48-26-602, §48-26-901, §48-26-902, §48-26-1003, §48-26-1005, §48-26-1006 and §48-26-1007 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-26-202, §48-26-203, §48-26-204, §48-26-205, §48-26-206, §48-26-301, §48-26-401, §48-26-402, §48-26-403, §48-26-406, §48-26-603, §48-26-604, §48-26-701, §48-26-1001, §48-26-1002 and §48-26-1004 of said code; and to amend said code by adding thereto nine new sections, designated §48-26-207, §48-26-208, §48-26-209, §48-26-210, §48-26-211, §48-26-212, §48-26-213, §48-26-214 and §48-26-407, all relating to the Family Protection Services Board; revising definitions; adding definitions; revising qualifications for membership on the board; adding two new members to the board; clarifying that the two ex officio members have voting privileges; providing for appointments for unexpired terms; providing appointments for members who become disqualified; clarifying the board’s powers and duties; authorizing legislative rules; increasing the percentage of board funds that may be used for administrative functions; authorizing the board to develop formulas to direct funds to certain programs; prohibiting programs from falsely representing that they are licensed; authorizing the board to develop preliminary and full application forms; providing for conditional, provisional and full licenses; authorizing the board to issue licenses for up to three years; updating provisions related to the closure of programs; authorizing the board to issue notices to cease and desist; setting forth procedures for hearings and appeals; clarifying the uses of the Domestic Violence Legal Services Fund; requiring programs to report annually to the board; updating confidentiality protections for programs participants; and including provisions related to monitored parenting and exchange programs,”

            H. B. 2762, Creating an exemption from licensure as an adjuster for certain individuals who conduct data entry into an automated claims adjudication system,

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

            Com. Sub. for H. B. 2762 - “A Bill to amend and reenact §33-12B-1 and §33-12B-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-12B-4a, all relating to insurance; licensure of insurance adjusters; definitions, including a definition of ‘automated claims adjudication system’; providing exemptions for certain individuals from producer or adjuster licensure in this state; and providing exemptions for certain individuals from adjuster licensure in this state and licensing residents of other countries in this state,”

            And,

            H. B. 2819, Relating to the financial oversight of entities regulated by the Insurance Commissioner,

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

            Com. Sub. for 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 state rules; and incorporating a solvency trend test for property and casualty insurance companies,”

            With the recommendation that the committee substitutes each do pass.

            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. 2641, Board of Social Work, code of ethics,

            And,

            H. B. 2707, Board of Social Work, fee schedule,

            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. 2641 and H. B. 2707) were each referred to the Committee on the Judiciary.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2639, Board of Social Work, rule relating to applications,  

            H. B. 2640, Board of Social Work, continuing education for social workers and providers,

            H. B. 2646, Board of Architects, registration of architects,

            H. B. 2706, Board of Social Work, qualifications for the profession social work,

            And,

            H. B. 2750, Updating and revising the law governing the practice of dentistry,

            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. 2639, H. B. 2640, H. B. 2646, H. B. 2706 and H. B. 2750) 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. 2805, Making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program,

            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. 2805) 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. 2046, Requiring wireless telecommunications companies to release location information of a missing person’s cell phone in a timely manner; the “Kelsey Smith Act”,

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

            Com. Sub. for H. B. 2046 - “A Bill to amend the Code of West Virginia, 1931, as amended, relating to requiring wireless telecommunications carriers to provide location information to law-enforcement agencies in emergencies; permitting wireless communications carriers to establish protocols for disclosure of location information in an emergency; limiting liability of wireless communications carriers when acting in good faith; requiring wireless telecommunications carriers and resellers to provide emergency contact information; requiring the West Virginia State Police to maintain emergency contact database; and, granting rule-making authority,”

            H. B. 2108, Making the offense of failure to wear safety belts a primary offense,

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

            Com. Sub. for H. B. 2108 - “A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended ; and to amend and reenact §17C-14-15,of said code, all relating to the operation of motor vehicles; making the offense of failure to wear safety belts a primary offense; and prohibiting denial of insurance coverage for prohibited use of electronic communications devices while driving,”

            And,

            H. B. 2171, Relating to review of state administrative agency rule-making,

            Com. Sub. for H. B. 2171 - “A Bill to amend and reenact §29A-1-2 and §29A-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §29A-3-1a, §29A-3-4, §29A-3-6, §29A-3-8, §29A-3-15, §29A-3-15a and §29A-3-15b of said code; and to amend said code by adding two new sections, designated §29A-3-1c and §29A-3-9a, all relating to review of State Administrative Agency rule-making; defining terms; altering designation of types of rules that have not been approved by the Legislature and that are exempt from legislative review; establishing deadline for action by agency action for certain proposed rules before the rule is deemed withdrawn; requiring agency response to public comments; requiring all sections of a rule be filed when agency proposing rule amendment; providing for methodology for repeal of rules; establishing new publishing and rule-making requirements for certain Department of Health and Human Services policy manuals; revising emergency rule-making process to allow for public comment, more information, and extended comment period; providing new process for provisional legislative rules; and altering certain agency filing requirements,”

            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. 2847, Relating to the collection of delinquent real property and personal property taxes,

            And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

            In the absence of objection, reference of the bill (H. B. 2847) to the Committee on Finance was abrogated.

            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. 2393, Making it a criminal offense for any person to intentionally interfere with or prevent an individual from calling for the assistance of emergency service personnel,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 2393) was referred to the Committee on Finance.

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

            Com. Sub. for S. B. 386 - “A Bill to amend and reenact §53-8-4 of the Code of West Virginia, 1931, as amended, relating generally to personal safety orders; clarifying the grounds for issuance of a personal safety order for harassment; and establishing venue for issuance of a personal safety order”; which was referred to the Committee on 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. 387 - “A Bill to amend and reenact §51-2A-7 of the Code of West Virginia, 1931, as amended, relating generally to the powers of family court judges; and granting family court judges the authority to compel and supervise the production of criminal background investigations when appropriate”; which was referred to the Committee on 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. 423 - “A Bill to amend and reenact §31-20-5d of the Code of West Virginia, 1931, as amended, relating to providing persons convicted of a criminal offense and sentenced to a six-month confinement in a regional jail a reduction in sentence for successful completion of education and rehabilitation programs”; which was referred to the Committee on the Judiciary then Finance.

Resolutions Introduced

            Delegates Marcum, White, Perdue, Moore and Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 73 - “Requesting the Division of Highways to rename bridge number 30-3/5-21.47 on County Road 3/5 in Mingo County, West Virginia, currently known as Board Camp Branch Bridge, the ‘Nancy E. May Memorial Bridge’.”

            Whereas, Nancy E. May was a lifelong resident of Mingo County, West Virginia; and

            Whereas, Nancy E. May died in February, 2010; and

            Whereas, During her long life, Nancy E. May personified the quality of woman who serves as the foundation of her family and her community; selflessly and unrelentingly providing the love, support, encouragement and conviction in the worth of humanity that gives rise to an environment in which men and women can learn, love, grow to their full potential, become our nation’s leaders and soldiers and experience satisfaction in all their endeavors, in other words, the quality of woman without whom our state and nation would not know its current form; and

            Whereas, Nancy E. May was a devoted and nuturant wife of thirty-five years, raised three children and had seven grandchildren, all of whom she could not have loved more and for whom she continues to be sorely missed; and

            Whereas, Nancy E. May served as a Sunday school teacher for twenty-five years, tirelessly teaching children and, then, their children, the value she believed essential to our lives which, in a nutshell, is to love one another; and

            Whereas, Nancy E. May was an avid volunteer and community servant, continually working to advance the needs of her local community in Breeden, Mingo County, West Virginia, always believing that through giving to others she received much more than she gave; and

            Whereas, Nancy E. May was loved dearly by everyone who knew her and will be missed always; and

            Whereas, While Nancy E. May is no longer on this earth and can no longer personally serve to foster the good, the loving and the beautiful, she lives on through her children, her grandchildren and the many, many lives she has touched and aided; and

            Whereas, It is a small act, indeed, to name a bridge in Nancy E. May’s memory, an honor but an act, nevertheless, that acknowledges her enormous contributions and recognizes that without her life and, symbolically, the lives of women like her, what a different, less prosperous, less successful, less loving and wise world this would be; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways rename bridge 30-3/5-21.47 on County Road 3/5 in Mingo County, West Virginia, currently known as the Board Camp Branch Bridge, the “Nancy E. May Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs which identify the bridge, in bold and prominent letters, as the “Nancy E. May Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the children of Nancy E. May who are Robbie May, Brian May and Crissy Dalton and, also, to the Secretary of the Department of Transportation.

            On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Delegates Reynolds, Stowers, Campbell, Eldridge, R. Phillips, Tomblin, E. Nelson, Andes, Craig, White and P. Smith:

            H. J. R. 32 – “Proposing an amendment to the Constitution of the State of West Virginia, amending sections four and sixteen, article VII thereof, all relating to how a vacancy in the governorship is filled and that a person filling that vacancy is eligible to serve two consecutive elected terms; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Constitutional Revision then the Judiciary.

Bills Introduced

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

By Delegate Canterbury:

            H. B. 2917 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-11A-12b, relating to making it an unfair trade practice to refuse to refill a propane gas tank; and providing that the criminal penalties of the Unfair Trade Practices article apply”; to the Committee on the Judiciary.

By Delegates Ferns, Miley, Hartman, Guthrie, Moore, Manchin, Ferro, Marcum, Sponaugle, Sobonya and Storch:

            H. B. 2918 – “A Bill to repeal §33-4-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-1-22; to amend and reenact §33-4-8 of said code; to amend and reenact §33-15-4d and §33-15-14 of said code; to amend said code by adding thereto a new section, designated §33-15-22; to amend and reenact §33-16-3h and §33-16-10 of said code; to amend said code by adding thereto a new section, designated §33-16-18; to amend said code by adding thereto three new sections, designated §33-16D-17, §33-16D-18 and §33-16D-19; to amend and reenact §33-24-7c and §33-24-43 of said code; to amend said code by adding thereto a new section, designated §33-24-7l; to amend and reenact §33-25-8b of said code; to amend said code by adding thereto a new section, designated §33-25-8i; to amend and reenact §33-25-20; to amend and reenact §33-25A-8b of said code; to amend said code by adding thereto a new section, designated §33-25A-8k; to amend and reenact §33-25A-31 of said code; and to amend said code by adding thereto two new sections, designated §33-28-8 and §33-28-9, all relating to creating the West Virginia Fair Health Insurance Act of 2013; defining ‘illusionary benefit’ to require benefits to cover at least seventy-five percent of health care service; establishing reasonable copays among common insurance needs; preventing insurance companies from discriminating against licensed health care practitioners to whom they will pay for a covered service; preventing insurance companies from arbitrarily defining medically necessary rehabilitation services to avoid making payment for a covered service or for a service that should be covered; making physical therapy and rehabilitation services a mandated covered service for any health insurance plan; and increasing the monetary criminal penalty for insurance companies that violate any provisions of the chapter”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Stowers, M. Poling, Perry, Eldridge, Williams, Ferns and Barrett:

            H. B. 2919 – “A Bill to amend and reenact §18-2-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-5-4 of said code, all relating to increasing the amount of compensation a member of a county board of education may receive for attending certain meetings; increasing by $100 the amount a board member may receive for attending regional education council meetings if he or she also serves on that council; increasing by $40 the amount board members may receive for each board meeting attended; permitting board members to also be compensated at the same rate for other specific meetings attended; establishing a maximum number of compensable meetings; and permitting board members to be compensated for attending a maximum of six days of approved training classes”; to the Committee on Education then Finance.

By Delegates Faircloth, Tomblin, R. Phillips, Hamilton, Kump, Folk, J. Nelson, Miller and Howell:

            H. B. 2920 – “A Bill to amend and reenact §18-5-15b of the Code of West Virginia, 1931, as amended, relating to clarifying that the Pledge of Allegiance said each instructional day in West Virginia public schools shall include the phrase ‘one nation under God’”; to the Committee on Education then the Judiciary.

By Delegate Canterbury:

            H. B. 2921 – “A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended, relating to consumers sales tax on motor vehicles; exemptions; and providing an exemption on sales of motor vehicles using natural gas or dual purpose motor vehicles using a combination of gasoline and natural gas as fuel”; to the Committee on Roads and Transportation then Finance.

By Delegates Householder, D. Evans, J. Nelson, Espinosa, Hamrick, Cadle, Cooper, Arvon, Overington, R. Smith and Raines:

            H. B. 2922 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-14a, relating to authorization for veterans vanity registration plates for motorcycles”; to the Committee on Roads and Transportation then Finance.

By Delegates Moore, Hartman, E. Nelson, Ferns and Ashley:

            H. B. 2923 – “A Bill to amend and reenact §31A-4-8 of the Code of West Virginia, 1931, as amended, relating to directors of state-chartered banking institutions; providing an alternate means of meeting the residency requirement for a majority of the directors of a state-chartered banking institution”; to the Committee on Banking and Insurance then Finance.

By Delegate Canterbury:

            H. B. 2924 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-16, relating to authorizing counties to create urban growth boundaries; definition; and providing for implementation of zoning within these boundaries”; to the Committee on Political Subdivisions then the Judiciary.

By Delegate Canterbury:

            H. B. 2925 – “A Bill to amend and reenact §24-2D-2 of the Code of West Virginia, 1931, as amended, relating to alternative fuel initiatives; and requiring the Public Service Commission to authorize natural gas utility companies to invest in natural gas compression equipment to be installed in residential property for compressed natural gas fueling of automobiles but without authority to make rates for compressed natural gas fueling of these automobiles”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Government Organization.

By Delegates Longstreth, M. Poling, Staggers, Caputo, Manchin, Manypenny and Fleischauer:

            H. B. 2926 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §33-15-22; to further amend said code by adding thereto a new section, designated §33-16-18; to further amend said code by adding thereto a new section, designated §33-24-15; to further amend said code by adding thereto a new section, designated §33-25-15; and to further amend said code by adding thereto a new section, designated §33-25A-29, all relating to requiring health insurers to reimburse ambulance service providers directly for ambulance services covered under a person’s health insurance policy, plan or contract”; to the Committee on Health and Human Resources then Finance.

By Delegates Barrett, Skinner, Householder, Reynolds, Stowers, Young, Lynch, Diserio, Eldridge and Barill:

            H. B. 2927 – “A Bill to amend and reenact §11A-2-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11A-3-2 of said code, all relating to publication of list of delinquent real estate; allowing the sheriff to mail the delinquent tax list; eliminating the requirement of a second publication of list of delinquent real estate and replacing it with a notice explaining a taxpayer’s obligation for delinquent real estate taxes, the sheriff’s obligation with regard to the taxes and how and where to locate delinquent real estate tax information”; to the Committee on the Judiciary then Finance.

House Calendar

Third Reading

            Com. Sub. for H. B. 2397, Authorizing a county commission to temporarily fill vacancies in certain offices; 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. 23), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2397) passed.

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

            Com. Sub. for H. B. 2414, Conveying property to a nonprofit; 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. 24), and there were--yeas 82, nays 16, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Ambler, Butler, Cadle, Canterbury, Ellington, Espinosa, Faircloth, Folk, Gearheart, Hamilton, Householder, Howell, Kump, E. Nelson, R. Smith and Sobonya.

            Absent and Not Voting: Fragale and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2414) passed.

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

            H. B. 2729, Allowing schools to voluntarily maintain and use epinephrine auto-injectors; 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. 25), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2729) passed.

            An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:

            H. B. 2729 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-22c, relating to epinephrine auto-injectors; allowing schools to voluntarily maintain and use epinephrine auto-injectors; providing for the administration of an auto-injector by a school nurse or other trained and authorized nonmedical school personnel for emergency care or treatment of anaphylactic reactions; allowing the issuance of standing orders and protocols by physicians to schools to obtain epinephrine auto-injectors; setting forth notice requirements; allowing students who self-inject to use the school supply of epinephrine auto-injectors; setting forth immunity from liability for school nurses and trained and authorized nonmedical school personnel; allowing county school boards to participate in free or discounted manufacturer sponsored pharmaceutical programs to obtain epinephrine auto-injectors; providing for data collection and reporting requirements; and setting forth rule-making authority to effectuate the provisions of the section.”

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

            Com. Sub. for H. B. 2747, Relating to Open Governmental Proceedings; 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. 26), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Shott.

            Absent and Not Voting: Fragale and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2747) passed.

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

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

First ReadingS. B. 197, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to various accounts; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Fragale and D. Poling.

            At 11:54 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 14, 2013.

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