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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

House Journal


Day 00 (01-9-02013)
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Day 35 (03-19-2013)
Day 36 (03-20-2013)
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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)
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Day 59 (04-12-2013)

Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Thursday, March 14, 2013

THIRTIETH 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 Wednesday, March 13, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing a resolution.

Resolutions Introduced

            Delegates Hamrick, Miley, Iaquinta, Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Border, Butler, Cadle, Canterbury, Cowles, Ellem, Espinosa, D. Evans, Gearheart, Howell, Kump, Lane, McCuskey, E. Nelson, Overington, Pasdon, Raines, Shott, R. Smith, Storch, Sumner, Walters, Westfall and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 74 - “Requesting that bridge number 17-270-1.33 on Route 270 in Lost Creek, Harrison County, West Virginia, be named the ‘USMC LCpl. David Lee Powell Memorial Bridge’.”

            Whereas, LCpl. David Lee Powell was born on April 28, 1949, in Harrison County, West Virginia, the son of the late Earl and Dorothy Powell of Lost Creek, Harrison County; and

            Whereas, LCpl. David Lee Powell attended Unitis and South Harrison High Schools in Harrison County; and

            Whereas, LCpl. David Lee Powell enlisted in the United States Marines on May 3, 1966, and began his tour of duty in Vietnam on October 24, 1967, as a member of K Company, Third Battalion, Fourth Marines, Third Marine Division; and

            Whereas, LCpl. David Lee Powell was one of three brothers, all of whom served in the United States Marines during the war in Vietnam; and

            Whereas, LCpl. David Lee Powell was killed on June 23, 1968, by hostile fire in the Quang Tri Province of South Vietnam; and

            Whereas, LCpl. David Lee Powell gave the ultimate sacrifice for his country and it is fitting and proper that he be remembered and acknowledged for his courageous action and service; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 17-270-1.33 on Route 270 in Lost Creek, Harrison County, the “USMC LCpl. David Lee Powell 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 “USMC LCpl. David Lee Powell 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 of Lance Corporal David Lee Powell.

            Delegates Iaquinta, Longstreth, Fragale, Paxton, Miley, Armstead, Manchin, O’Neal, Azinger, Hamrick and Boggs offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 75 - “Requesting the Division of Highways name bridge number 17-79-114.9 over Elk Creek in Harrison County the ‘USN S2C Jack Wade and USMC PFC Don Wade Memorial Bridge’.”

            Whereas, Brothers Jack Wayne Wade and Don Edgar Wade were born on December 29, 1925 and November 13, 1929, respectively, and were two of the nine children of the late Arlie Ray Wade and Nellie Hennen Wade; and

            Whereas, Jack and Don “Donnie” Wade grew up along West Virginia Route 20 near the old swinging bridge at Walnut Hill in Harrison County and were members of a good, hard working family of modest, but hard-earned means; and

            Whereas, Seaman Second Class Jack Wayne Wade enlisted in the United States Navy Reserves December 21, 1943 during World War II and was stationed on the USS Birmingham; and

            Whereas, On October 24, 1944, the cruiser Birmingham was engaged in what is known as the Battle of Leyte Golf, in the South Pacific, where she suffered great topside damage from explosions on board the carrier Princeton while courageously attempting to aid that stricken vessel, and as a result of the events of that day, the USS Birmingham suffered 233 killed, 426 wounded, including the loss of S2C Jack Wayne Wade, whose duty station was a gun tub on the topside of the ship; and

            Whereas, Although the exact details of his death and burial remain unknown, records indicate that Jack Wayne Wade was buried at sea in the Leyte Golf; a Memorial at Fort William McKinley, Manila, the Philippines lists Jack Wayne Wade as MIA/Buried at Sea and as a recipient of the Purple Heart Medal; and a memorial was placed on December 4, 1995 at the West Virginia National Cemetery in Grafton, West Virginia; and

            Whereas, Brother Don Edgar “Donnie” Wade enlisted in the United States Marine Corp and completed basic training at Parris Island, South Carolina and was later assigned to Company F, 2nd Battalion, 7th Marine Regiment, 1st Marine Division stationed in Korea in July, 1952; and

            Whereas, PFC Donnie Wade was mortally wounded while on combat patrol in the Battle Zone known as the Jamestown Line, Western Outposts, Korea on October 2, 1952, from small arms fire and was evacuated to the USS Repose, where he died from his wounds two days later on October 4, 1952 and was laid to rest in the Elkview Masonic Cemetery in Clarksburg, West Virginia; and

            Whereas, Donnie Wade is remembered by his contemporaries who were acquainted with him in their youth near Quiet Dell, as a likeable, engaging and free-spirited person who has been since that fateful day in 1952 “forever young”; and

            Whereas, The ultimate sacrifice made by these two brothers, S2C Jack Wayne and PFC Don Edgar Wade, in service to their country, their state, their community, family and friends should be memorialized in the community in which they were raised and were known and are remembered; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 17-79-114.9 on I-79 over Elk Creek in Harrison County the “USN S2C Jack Wade and USMC PFC Don Wade Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “USN S2C Jack Wade and USMC PFC Don Wade Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the families of Jack Wayne Wade and Don Edgar Wade and the Secretary of the Department of Transportation.

            Delegates Fleischauer, Marshall, Barill, Longstreth, Pasdon, Manchin, Pethtel, Caputo, Manypenny, Marcum, Ambler, Arvon, Ashley, Azinger, Barrett, Border, Cadle, Campbell, Canterbury, Cooper, Diserio, Eldridge, Ellem, Ellington, Espinosa, A. Evans, Faircloth, Ferns, Ferro, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hartman, Hunt, Iaquinta, Ireland, Jones, Lawrence, Lynch, McCuskey, Miley, Miller, Moore, Morgan, Moye, E. Nelson, J. Nelson, Overington, Paxton, Perdue, Perry, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Raines, Reynolds, Romine, Rowan, Shott, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Tomblin, Walker, Walters, Wells, White and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 76 - “Requesting the Division of Highways to name bridge number 31-119/39-0.12 crossing over Deckers Creek in Morgantown, Monongalia County, the ‘John W. Pyles Bridge’.”

            Whereas, John W. Pyles has devoted fifty-three years of his life in service to Monongalia County and the community of Morgantown; and

            Whereas, John W. Pyles, as an elected representative of the West Virginia House of Delegates, worked tirelessly to better the quality of life in Monongalia County and Morgantown; and

            Whereas, John W. Pyles served as the leader of the Democratic Party and Assessor of Monongalia County and then was elected as a member of the County Commission; and

            Whereas, John W. Pyles volunteered his time and talents serving in many capacities on Morgantown and Monongalia County Boards and Committees such as the United Way of Monongalia and Preston Counties, Monongalia County Development Authority, Metropolitan Foundation Board, Morgantown Convention and Visitors Bureau, Main Street Morgantown, Monongalia County Historical Landmarks Committee and the Greater Morgantown Community Trust; and

            Whereas, John W. Pyles was a founder of the Morgantown Celebration of America Committee to observe the birth of our great nation on July 4th, with special recognition of veterans and other community members who worked faithfully in service to America; and

            Whereas, John W. Pyles proposed and obtained funding for the Veterans Plaza at the Monongalia County Court House Square that recognizes veterans of all wars; and

            Whereas, John W. Pyles spearheaded the renaming of South University Avenue in Morgantown as Don Knotts Boulevard and is currently working to place a statue of Don Knotts on the Boulevard; and

            Whereas, John W. Pyles, in 1998, worked with Governor Cecil Underwood to gain state funding to replace the South High Street Bridge when it fell into complete disrepair; and

            Whereas, It is only fitting that we honor John W. Pyles for his commitment, dedication and public service to Morgantown, Monongalia County and the State of West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 31-119/39-0.12 crossing over Deckers Creek in Morgantown, Monongalia County, the “John W. Pyles Bridge”; and, be it
            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “John W. Pyles 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 John W. Pyles.

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

By Delegates Kump, Faircloth, Romine, Gearheart, Householder, Folk, Cooper, Lynch and R. Smith:

            H. J. R. 33 – “Proposing an amendment to the Constitution of the State of West Virginia, repealing section forty-six, article VI thereof; and amending article IX thereof by adding thereto a new section, designated section fourteen, all relating to the sale and distribution of alcohol; transferring authority to regulate sale and distribution of alcohol to county commissions or councils; 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.

            Delegates Ferns, Barill, Barrett, Boggs, Campbell, Caputo, Diserio, Eldridge, Ferro, Frich, Hartman, Hunt, Jones, Lawrence, Longstreth, Lynch, Manypenny, Marcum, Marshall, Miley, Moore, Morgan, Perry, Pethtel, R. Phillips, Pino, Reynolds, Skinner, Sobonya, Sponaugle, Staggers, Stowers, Swartzmiller, Westfall and White offered the following resolution, which was read by the Clerk as follows:

            H. R. 22 - “Designating Thursday, March 14, 2013, as ‘Generation West Virginia Day’.”

            Whereas, Generation West Virginia is the statewide movement committed to cultivating and engaging young talent, those 21 to 45; and

            Whereas, The future of West Virginia relies heavily on the retention, recruitment, and advancement of young talent to ensure that our intellectual capital base is strong for the future success of our state's economy, communities and intellectual infrastructure; and

             Whereas, This collaborative and dynamic group of young talent within Generation West Virginia is creating an outstanding positive image within our state and on the national level by serving as a model for promoting young leaders and making our state a destination for young talent; and

            Whereas, Generation West Virginia is an innovative, results oriented, and dedicated organization that represents young talent from all walks of life, careers, communities who are committed to a positive and strong present and future for our great state; and

Whereas, Those 21 to 45 years of age in West Virginia include more than 600,000 of our state's population and represent our state's future base of workers, dreamers, innovators, educators, entrepreneurs, leaders and most importantly our hope for a successful future; and

            Whereas, These young leaders are not just the future of our state, but the rising leaders of today who are making it possible for West Virginia to compete successfully with the world; and

            Whereas, By working to make our state attractive for young talent, steps are being taken to encourage a “brain gain” for West Virginia that will build a strong future for our state to become a global leader; and

            Whereas, The House recognizes the importance of this growing movement and will listen and collaborate with its leadership and regional organizations to develop positive solutions and opportunities to create an abundance of prosperity in our state; therefore, be it

Resolved by the House of Delegates:

            That the House of Delegates hereby designates Thursday, March 14, 2013, as “Generation West Virginia Day” and encourages all citizens to join the House of Delegates in this observance; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the representatives of Generation West Virginia.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 22) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

            Delegates Howell, A. Evans, Rowan, Anderson, Ashley, Azinger and Overington offered the following resolution, which was read by the Clerk as follows:

            H. R. 23 - “Commemorating the life of the Honorable Carl C. Thomas, veteran, public servant, and a man dedicated to his family, country and state.”

            Whereas, The Honorable Carl C. Thomas was born on May 10, 1934, in Roxboro, Orange County, North Carolina, the son of the late Virgil Carl and Sally Sue Thomas; and

            Whereas, Carl C. Thomas was a United States Army veteran and a graduate of American University; and

            Whereas, Carl C. Thomas was a retired Captain with the United States Park Police having served in Washington, D. C., Hawaii, San Francisco and Mount Rushmore; and

            Whereas, In 1983, Carl moved to Short Gap, West Virginia, where he helped set up the Mineral County E-911 system. He particularly enjoyed driving dispatchers around the county so that they would have an idea of where they would be sending help. This experience was helpful to Carl in his future endeavors; and

            Whereas, Prior to his election to the House of Delegates in 1994, the Honorable Carl C. Thomas was the Sheriff of Mineral County and following his decision not to seek reelection to the House in 1998, he ran for and was elected Mineral County Clerk; and

            Whereas, Carl C. Thomas was a member of numerous organizations including the Keyser American Legion, Ridgeley VFW, Frankfort District Historical Society, Davis Lodge #51, Keyser, NARF-National Association of Retired Federal Employees, Lions Club, Fraternal Order of Police, and was a life member of the D.C. Police Association and a member of the West Virginia Sheriff’s Association. He was also a past member of the Short Gap Volunteer Fire Department and the Mineral County Republican Executive Committee; and

            Whereas, The Honorable Carl C. Thomas was called to his heavenly home and place of rest on June 14, 2012; and

             Whereas, Carl C. Thomas is survived by his wife of 53 years, Loretta Thomas, and his daughter, Karen S. Thomas, son, Michael C. Thomas, and two granddaughters, Kaitlynn A. and Kristyn A. Thomas; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby commemorates the life of the Honorable Carl C. Thomas, public servant, veteran, and a man dedicated to his family, state, and country; and, be it

            Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable Carl C. Thomas; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of the Honorable Carl C. Thomas.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 23) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Committee Reports

            Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. R. 14, Amending the Rules of the House of Delegates, relating to requiring that a Jobs Impact Statement be attached to proposed legislation affecting employment or taxes,

            And reports the same back with the recommendation that it be rejected.

            Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. C. R. 40, The “Estel R. Stacy World War II Navy Veteran Memorial Bridge”,

            H. C. R. 44, Requesting a study on the effectiveness and efficiency of the Supreme Court Rules on the Appeals process in West Virginia,

            H. C. R. 48, The “Albert & Peggie Maynard Memorial Bridge”,

            H. C. R. 60, The “Williams S. (Bill) Croaff Memorial Bridge”,

            And,

            H. C. R. 65, The “Jimmie Stewart Pauley Memorial Bridge”,

            And reports the same back with the recommendation that they each be adopted.

            Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. C. R. 27, The “Army SSGT Arthur N. McMellon Memorial Bridge”,

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

            Com. Sub. for H. C. R. 27 - “Requesting that bridge number 322-10-28.14 on West Virginia Route 10, crossing the Guyandotte River, currently known as the ‘West Hamlin Bridge’ in Lincoln County, West Virginia, be named the ‘Army SSGT Arthur N. McMellon Memorial Bridge’”,

            H. C. R. 28, The “Dedicated to the Pound Punchers, Melissa Ferrell, Founder, Highway”,

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

            Com. Sub. for H. C. R. 28 – “Requesting the Division of Highways to name a two-mile section of County Route 62 in Alkol, Lincoln County, beginning at the intersection of County Routes 62 and 46, and heading east along Route 62 for two miles the ‘Mud River Pound Punchers Highway’,”

            H. C. R. 41, The “Cornelius Nebo Lackey Memorial Bridge”,

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

            Com. Sub. for H. C. R. 41 – “Requesting the Division of Highways to name the bridge located at Lenore, Mingo County, West Virginia, Route 65 milepost 19.63, which was built in 1947, specifically bridge number 1652, the ‘US Army Staff Sergeant Cornelius Nebo Lackey Memorial Bridge’,”

            And,

            H. C. R. 57, The “Fire Chief Lyle Ware Memorial Bridge”,

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

            Com. Sub. for H. C. R. 57 – “Requesting that bridge number 42-219-12.59 on U. S. Route 219 across the Tygart River at Elkwater, Randolph County, West Virginia, be named the ‘Fire Chief Lyle Ware Memorial Bridge’,”

            With the recommendation that the committee substitutes each be adopted.

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            H. B. 2861, Relating to continued enrollment of at-risk student in public school,

            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. 2861) to the Committee on Finance was abrogated.

            Delegate Skaff, Chair of the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:

            Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:

            H. B. 2519, Relating to reallocation and repatriation of certain funds to the General Revenue Fund,

            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. 2519) was referred to the Committee on Finance.

            Delegate Skaff, Chair of the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:

            Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:

            H. B. 2182, Creating the West Virginia Innovation Free-Trade Business Technology Property Valuation Act and the West Virginia Innovation Free-Trade Tax Credit Act,

            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. 2182) was referred to the Committee on Finance.

            Delegate Pethtel, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            H. B. 2837, Amending various provisions of the Code affecting the Treasurer’s Office,

            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. 2837) was referred to the Committee on Finance.

            Delegate Pethtel, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            H. B. 2896, Relating to municipal policemen and firemen pensions,

            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. 2896) was referred to the Committee on Finance.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2733, Relating to hearings before the Office of Administrative Hearings,

            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 the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2733) was referred to the Committee on the Judiciary.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2812, Relating to the valuation of motor vehicles for purposes of ad valorem property taxes,

            And,

            H. B. 2879, West Virginia Commuter Rail Access Act,

            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 Finance.

            In accordance with the former direction of the Speaker, the bills (H. B. 2812 and H. B. 2879) were each referred to the Committee on Finance.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2859, Authorizing the Commissioner to issue no more than ten additional special demonstration plates used by new and used dealers of larger commercial type vehicles,

            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. 2859) was referred to the Committee on Finance.

            Delegate Hunt, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 2851, Establishing a one time audit cost amnesty program for local governments with delinquent audit costs,

            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. 2851) was referred to the Committee on Finance.

            Delegate Iaquinta, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2491, Establishing a uniform policy for students enrolled in institutions of higher education who are called up for duty in the military,

            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 Education.

            In accordance with the former direction of the Speaker, the bill (H. B. 2491) was referred to the Committee on Education.

            Delegate Iaquinta, Chair from the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2895, Requiring display of POW/MIA flag on county courthouses and other government buildings,

            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. 2895) was referred to the Committee on Finance.

            Delegate Craig, Chair of the Committee on Natural Resources, submitted the following report, which was received:

            Your Committee on Natural Resources has had under consideration:

            H. B. 2632, Division of Natural Resources, prohibitions when hunting and trapping,

            H. B. 2635, Division of Natural Resources, special fishing,

            And,

            H. B. 2686, Division of Natural Resources, deer hunting,

            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. 2632, H. B. 2635 and H. B. 2686) were each referred to the Committee on the Judiciary.

            Delegate Craig, from the Committee on Natural Resources, submitted the following report, which was received:

            Your Committee on Natural Resources has had under consideration:

            H. B. 2687, Division of Natural Resources, legislative rule relating to falconry,

            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 the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2687) was referred to the Committee on the Judiciary.

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

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

            H. B. 2463, Repealing the article that permits the sterilization of persons deemed to be mentally incompetent,

            H. B. 2628, Department of Health and Human Resources, regulation of opioid treatment programs,

            H. B. 2693, Board of Pharmacy, ephedrine and pseudoephedrine control, 

            H. B. 2697, Board of Examiners for Registered Professional Nurses, services rendered by the Board and supplemental renewal fee for the center for nursing,

            H. B. 2699, Board of Examiners for Registered Professional Nurses, announcement of advanced practice,

            And,

            H. B. 2700, Board of Examiners for Registered Professional Nurses, relating to limited prescriptive authority for nurses in advanced practice,

            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. 2463, H. B. 2628, H. B. 2693, H. B. 2697, H. B. 2699 and H. B. 2700) 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. 2583, Establishing a regulatory system for sexual assault forensic examinations,

            And,

            H. B. 2755, Relating to certified professional midwives.

            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. 2583 and H. B. 2755) were each referred to the Committee on the Judiciary.

            Delegate Skaff, Chair of the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:

            Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:

            H. B. 2590, Creating a public nonprofit corporation and governmental instrumentality to collectively address several environmental and economic development programs,

            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 the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2590) was referred to the Committee on the Judiciary.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 

            Com. Sub. for S. B. 200 - “A Bill to amend and reenact §62-1E-1, §62-1E-2 and §62-1E-3 of the Code of West Virginia, 1931, as amended, all relating to eyewitness identification, lineups and showups; defining terms and updating definitions; establishing certain recommended procedures before a lineup or showup; setting forth additional instructions to be given prior to a lineup or showup; expanding eyewitness identification procedures; recommending all lineups to be conducted in a sequential and blind manner; expressing a legislative preference for lineups over showups; prohibiting photographic showups; eliminating a task force that is no longer active; and requiring each law-enforcement agency performing lineups or showups to create specific procedures for conducting lineups and showups”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 372 - “A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to creating a criminal offense for interfering with or preventing a person from calling for assistance of emergency service personnel; and establishing penalties”; which was referred to the Committee on the Judiciary then Finance .

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 8 - “Requesting the Division of Highways to name the portion of Route 38, from its intersection at Route 16 to its intersection at Route 61, in Fayette County, West Virginia, the ‘Sizemore Moran Veterans Memorial Road’.”

            Whereas, Jackson Douglas Sizemore, Phillip Sizemore, Arthur Sizemore, Fred Sizemore, Ralph Sizemore and Harry Moran, the sons and son-in-law of Mr. and Mrs. Phillip Sizemore, Sr., of Oak Hill, West Virginia, all served their country admirably in the United States armed forces; and

            Whereas, Jackson Douglas Sizemore enlisted in the Army on August 2, 1939, and was stationed on the Island of Oahu, Hawaii, where he served during the attack on Pearl Harbor; and

            Whereas, Phillip Sizemore, Jr., enlisted in the Navy on September 29, 1942, and after being stationed in California served his country in the South Pacific; and

            Whereas, Arthur Sizemore enlisted in the Navy on September 17, 1941, where he was assigned to the Naval Cook and Bakers’ School at Norton Heights, Connecticut, and went on to serve for more than two years in the Caribbean; and

            Whereas, Fred Sizemore enlisted in the Navy on September 20, 1940, served on the U. S. S. Phoenix, a cruiser with the Pacific fleet, and battled the Japanese during the invasion of Pearl Harbor; and

            Whereas, Ralph Sizemore enlisted in the Navy on September 14, 1943, was assigned to the United States Naval Air Technical Training Center in Chicago, served all over the Pacific and fought in the Battle of Leyte Gulf; and

            Whereas, Harry Moran, brother-in-law of the Sizemore brothers, enlisted in the U. S. Army Air Corps, received his basic training at Aberdeen Proving Grounds in Maryland, was a member of the Flying Tigers and went on to serve his country in Asia; and 

            Whereas, Jackson Douglas Sizemore, Phillip Sizemore, Arthur Sizemore, Fred Sizemore, Ralph Sizemore and Harry Moran did a great service to their country in time of conflict and war, and will always be remembered for their service; and

            Whereas, It is fitting and proper to create a lasting tribute in honor of the Sizemore-Moran brothers for their dedicated service to their country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the portion of Route 38, from its intersection at Route 16 to its intersection at Route 61, in Fayette County, West Virginia, the “Sizemore Moran Veterans Memorial Road”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the route as the “Sizemore Moran Veterans Memorial Road”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to Arthur and Ralph Sizemore.            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 10 - “Requesting the Division of Highways to name the Atenville Beam Span Bridge on Rt. 10, Lincoln County, .1 mile south of South Route 68, bridge number 22-10-6.54, the ‘Shelton Topping Bridge’.”

            Whereas, Shelton Topping was born May 11, 1926. He has been married to Edith Maynard Topping for sixty-two years. They had three children, eight grandchildren and ten great grandchildren. He is an elder at 14 Mile Church of Christ and an upstanding member of the Harts Community. He is a World War II veteran, joining the Army in November 1944, at seventeen years old. He was awarded the Bronze Star, badges for Marksmanship, the Combat Infantry and a European African Middle Eastern campaign ribbon. Additionally, he has the Honor Service Lapel, commonly known as the ruptured duck. Shelton Topping says the reason for joining the Army was “There were six boys in our family and five of them were in the service. My older brother told me I’d better join up soon, or the war would be over before I’d get to go in.” He was a member of the Third Infantry Division of the Army in Company D. Company D was the oldest outfit in the U. S. Army. It was founded and served under General George Washington during the Revolutionary War. When General Patton died in Europe, in December 1945, Company D served as an Honor Guard at his funeral. Shelton Topping began his military training at Camp Joseph T. Robertson, near Little Rock, Arkansas, was later sent to Fort Meade, Maryland, and then to Camp Shanks in New York before leaving for Europe. He left New York, crossed the English Channel to reach Le Havre, France, and then traveled by train to Germany. In January 1945, the Third Infantry Division had smashed the Colmar pocket and was driving the last German soldier from the area. The division hit the line again in March 1945. The main Siegfried Line positions south of Zweibruecken, Germany, were breached and the Third was on its way to the Rhine River a second time. Light opposition was encountered and on March 23, the division was moved on the Rhine Plain, in the triangle formed by Bad Duerkheim-Frankenthal-Worms to prepare for a crossing of the river. In March, the division was across the Rhine and driving deep into the heart of Germany. The Third’s last major battle was at Nuremberg where the Germans put up their last big effort to deal a mortal blow. After three weeks there, the war ended. Shelton Topping’s company turned to guarding prisoners of war. They had 4,500 prisoners to guard. They processed the prisoners five hundred men at a time and only eight American soldiers would guard this large group of men. Although he was eighteen at the end of the war, he celebrated his nineteenth and twentieth birthdays overseas. Mr. Topping served as a Special Honor Guard at the United Nations building at the American Embassy in Berlin. The Honor Guard was made up of four soldiers from four countries: The United States, England, France and Russia. There were eighteen regular guards and four honor guards. In order to be an American Honor Guard, one had to be a Bronze Star recipient. Upon returning to the United States from active duty, Mr. Topping studied for his General Educational Development Test, then attended Marshall University. He taught in a one-room school in Sand Creek, West Virginia, and later at a one room school in Atenville, West Virginia. Because teaching school made it difficult to support a family at that time, he had to quit teaching and go work in the coal mines. He worked for Island Creek Coal Company in Logan County until he retired; and

            Whereas, The contributions of Shelton Topping to his country, state and community should not go unnoticed. It is fitting to honor Shelton Topping by naming the bridge on Rt. 10, Lincoln County, .1 mile south of South Route 68 for Shelton Topping; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the Atenville Beam Span bridge on Rt. 10, Lincoln County, .1 mile south of South Route 68, bridge number 22-10-6.54, the “Shelton Topping 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 “Shelton Topping Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, to Mr. Shelton Topping and to his surviving children and relatives.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 13 - “Requesting the Division of Highways to name the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the ‘J. Cecil Jarvis Memorial Bridge’.”

            Whereas, J. Cecil Jarvis was born on May 11, 1949, in Clarksburg, West Virginia, and passed away as a result of a bicycle crash on the bridge over Skin Creek on Skin Creek Road in Lewis County on May 27, 2007; and

            Whereas, J. Cecil Jarvis grew up in Clarksburg, West Virginia, and graduated from Washington Irving High School; and

            Whereas, J. Cecil Jarvis graduated from Lehigh University and Vanderbilt Law School; and

            Whereas, J. Cecil Jarvis practiced for over thirty years with the Clarksburg, West Virginia, law firm of McNeer, Highland, McMunn & Varner; and

            Whereas, J. Cecil Jarvis was a member of the Bridgeport United Methodist Church of Bridgeport, West Virginia; and

            Whereas, J. Cecil Jarvis was survived by his wife, Rebecca, his children, Amy, Jennie and Brian, and his grandchildren, John, Nathan, Robert, Cole, Henry and Evelynn; and

            Whereas, J. Cecil Jarvis served two terms on the Board of Directors of United Hospital Center, was Chairman of the Board for several years and was a leader and champion of the fund raising for and building of the new United Hospital Center Building; and

            Whereas, J. Cecil Jarvis served on the Board of Directors of the West Virginia United Health System, and was highly instrumental in merging United Hospital Center into the West Virginia United Health System; and

            Whereas, J. Cecil Jarvis served as President of Clarksburg Publishing Company from 2002 until his passing, publishing the widely circulated Clarksburg Exponent-Telegram, and contributing a weekly column based on estate planning and taxation; and

            Whereas, J. Cecil Jarvis served on the board of the Harrison County Chamber of Commerce and served as President of the Harrison County Bar Association; and

            Whereas, J. Cecil Jarvis was a strong advocate for healthy living, pursuing athletic and outdoor activities at every opportunity, including hunting, fishing, four Iron Man triathlons and two Boston marathons, the last completed shortly before his passing; and

            Whereas, It is fitting and proper that J. Cecil Jarvis’ life, distinguished career, service to his community and the outstanding example he set for his peers and members of the next generation be honored by naming the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the “J. Cecil Jarvis Memorial Bridge”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the “J. Cecil Jarvis 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 “J. Cecil Jarvis Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of J. Cecil Jarvis.            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules: 

            S. C. R. 14 - “Requesting the Division of Highways to name a stretch of highway in Upshur County, West Virginia, on State Route 20 from mile post 26 at the intersection of State Route 20 and U. S. Route 33 to mile post 27, the ‘Thomas B. Dunn Memorial Highway’.”

            Whereas, Thomas B. Dunn died April 24, 2012, at the Avow Hospice House in Naples, Florida. He was born January 22, 1943, in Washington, Pennsylvania, a son of the late James Lincoln and Lucille Babbitt Dunn. He married Carol Jean Campbell on July 11, 1964, and they had two daughters, Tracy Cunningham (husband Mark) and Jennifer Fluke (husband Eric) of Buckhannon. In addition to being survived by his widow and daughters, he is survived by two granddaughters, Carson Cunningham and Caroline Fluke, both of Buckhannon; two grandsons, Grant Cunningham and Bryson Fluke, both of Buckhannon; his precious Bichon, Lilly; one brother, Joseph L. Dunn of Washington, Pennsylvania; one sister, Ann Bridges and husband Cliff of Greensboro, North Carolina, and several nieces and nephews; and

            Whereas, Thomas B. Dunn was an exceptional leader and mentor to many in the community and oil and gas industry. He was respected and loved by many. Mr. Dunn graduated from Trinity High School, Washington, Pennsylvania, Class of 1960, and West Virginia Wesleyan College with a B. A. degree, Class of 1964. He was the third generation in the oil and gas business. In his early years he worked in the field for Union Drilling, Inc., a drilling contractor and producer in the Appalachian Basin. After graduation from college, he worked full time at Union Drilling, Inc., in Buckhannon, as Lease and Right-of-Way Agent, eventually working into the supervision of well completion. He became President of Union Drilling, Inc., in 1972, and held the position until 1987. He founded D-Aspen, Inc., in 1986 and served as president from 1986-1996. He founded Tuscany Gas, LLC, in 1996 and served as a member. He co-founded Phoenix Diversified Ventures, Inc., in 1987 and served as President. He co-founded Phoenix Energy Sales Company in 1995 and served as president; co-founded T and F Operating, Inc., in 1998 and served as President. He co-founded T and F Exploration, LP, in 1998 and served as Limited Partner. At the time of his death he held membership in: Independent Oil and Gas Association of WV (IOGA WV), Pennsylvania Independent Oil and Gas Association (PIOGA), Independent Petroleum Association of America (IPAA), Ohio Oil and Gas Association (OOGA), West Virginia Oil and Natural Gas Association (WVONGA) and the Society of Petroleum Engineers, Inc. He served IOGA WV as past president, as a member of the board of directors and a member of various committees. He served IPAA as Regional Governor, Director, Area Vice President, member of Executive Committee and member of the Board of Governors, Roustabout Club charter member. He served WVONGA as past president, and was a member of the board of directors. He was former Vice President of Virginia Oil and Gas Association; former member of New York State Oil Producers Association, Inc., and actively participated in other states' associations. Thomas B. Dunn served Appalachian Energy Group (AEG) as President for several terms. He was a member of Board of Directors of St. Joseph's Hospital Foundation and a former member of the Board of Trustees of West Virginia Wesleyan College. He was a founding member of Naples National Golf Club and The Old Collier Golf Club both in Naples, Florida. He was involved in Buckhannon/Upshur County, West Virginia, civic organizations, including one of the five who arranged initial broad community funding for the current Upshur County Development Authority. He was a former member of the West Virginia National Guard, Kappa Alpha Order Fraternity and was instrumental in the Buckhannon Parks and Recreational Complex. Thomas B. Dunn was recognized for his service to the industry by oil and gas associations and service to the community. He was the West Virginia Oil and Gas Man of the Year, 1982. He received the West Virginia Wesleyan College Alumni Award, 1982. He was the Buckhannon Business and Professional Women's Club Outstanding Employer of the Year, 1985. He was one of the two initial recipients of IOGA WV Distinguished Service Gunslinger Award, 1992. And he greeted President George W. Bush upon his arrival at Morgantown Municipal Airport, Morgantown, West Virginia, July 4, 2005; and

            Whereas, When Thomas B. Dunn died of cancer in Naples, Florida, in April 2012, he left behind invaluable, often unknown contributions to the oil and gas industry, as well as to the Upshur County community. He was a man of boundless generosity, selfless, sacrificing and always smiling. Most of all, he was a wonderful and loving husband, father and grandfather who cherished his family more than anything. The contributions of this man to his community and industry should not go unnoticed; and

            Whereas, It is fitting to honor Thomas B. Dunn by naming a stretch of highway in Upshur County, West Virginia, on State Route 20 from mile post 26 at the intersection of State Route 20 and U. S. Route 33 to mile post 27 for Thomas B. Dunn; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name a stretch of highway in Upshur County, West Virginia, on State Route 20 from mile post 26 at the intersection of State Route 20 and U. S. Route 33 to mile post 27, the “Thomas B. Dunn Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the stretch of highway as the “Thomas B. Dunn Memorial Highway”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving widow, children and relatives of Thomas B. Dunn.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 15 - “Requesting the Division of Highways to name the Logan County Route 5/12 (White Oak Road) from the junction of White Oak Creek Road (Co. Rt. 5/11) 0.00-0.35 the ‘Army Private First Class Troy Franklin Tomblin Memorial Highway’.”

            Whereas, Troy Franklin Tomblin was born March 25, 1947, to Troy and Nettie Tomblin in Harts, West Virginia. He had six siblings. He was a Baptist and graduated from Chapmanville High School in 1965. He enlisted in the United States Army and started a tour of duty on October 29, 1966, as a Private First Class Infantryman, a member of B Company, Second Battalion, Eighth Infantry, Fourth Infantry Division, United States Army in Vietnam. He was killed in action in Kontum Province, South Vietnam, on February 21, 1967. Private First Class Troy Franklin Tomblin was awarded the Purple Heart, Vietnam Service Medal, Vietnam Campaign Medal and National Defense Medal; andWhereas, Army Private First Class Troy Franklin Tomblin gave his life in the service of his country and state and his sacrifice should not go unnoticed; and

            Whereas, It is fitting to honor Troy Franklin Tomblin by naming the Logan County Route 5/12 (White Oak Road) from the junction of White Oak Creek Road (Co. Rt. 5/11) 0.00-0.35 the “Army Private First Class Troy Franklin Tomblin Memorial Highway”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the Logan County Route 5/12 (White Oak Road) from the junction of White Oak Creek Road (Co. Rt. 5/11) 0.00-0.35 the “Army Private First Class Troy Franklin Tomblin Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “Army Private First Class Troy Franklin Tomblin Memorial Highway”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family and relatives of Troy Franklin Tomblin.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            S. C. R. 16 - “Requesting the Division of Highways to name County Route 5/07, also known as Bulwark Ranch Road, that runs off County Route 5 in Logan County, the ‘Army PFC James Edward Workman Memorial Road’.”

            Whereas, PFC Workman was born on November 10, 1946, in Logan to Elbert and Lorraine Star Workman; and

            Whereas, PFC Workman married Elizabeth St. Clair on January 23, 1967, and had one daughter, Pamela Ann Workman; and

            Whereas, PFC Workman served in Company B, 3rd Battalion, 60th Infantry, 9th Infantry Division in the United States Army; and

            Whereas, PFC Workman was killed in action on May 23, 1969, in Kien Hoa, South Vietnam, and is buried in the Smith Cemetery; and

            Whereas, PFC Workman received the Purple Heart, Vietnam Service Medal, Vietnam Campaign Medal and National Defense Medal; and

            Whereas, PFC Workman received a GED and was a member of the Hannah Baptist Church; and

            Whereas, It is fitting to honor PFC Workman for his commitment, dedication and service to his country and his state and having made the ultimate sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name County Route 5/07, also known as Bulwark Ranch Road, that runs off County Route 5 in Logan County, the “Army PFC James Edward Workman Memorial Road”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “Army PFC James Edward Workman Memorial Road”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of James Edward Workman.

Petitions

            Delegate Ashley presented a petition on behalf of his constituents in support of the Second Amendment Preservation Act; which was referred to the Committee on the Judiciary. 

Bills Introduced

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

By Mr. Speaker, Mr. Thompson, and Delegate Armstead

            [By Request of the Executive]:

            H. B. 2928 – “A Bill supplementing, amending, decreasing, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2013, organization 0803, for the fiscal year ending June 30, 2013”; to the Committee on Finance.

By Mr. Speaker, Mr. Thompson, and Delegate Armstead

            [By Request of the Executive]:

            H. B. 2929 – “A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2013, to the Department of Administration, Children’s Health Insurance Agency, fund 8838, fiscal year 2013, organization 0230, to the Department of Commerce, Division of Miners’ Health, Safety and Training, fund 8709, fiscal year 2013, organization 0314, to the Department of Education, State Department of Education, fund 8712, fiscal year 2013, organization 0402, to the Department of Education and the Arts, Division of Culture and History, fund 8718, fiscal year 2013, organization 0432, to the Department of Health and Human Resources, Division of Health, Central Office, fund 8802, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 8722, fiscal year 2013, organization 0511, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 8741, fiscal year 2013, organization 0612, to the Department of Revenue, Insurance Commissioner, fund 8883, fiscal year 2013, organization 0704, and to Miscellaneous Boards and Commissions, Coal Heritage Highway Authority, fund 8861, fiscal year 2013, organization 0942, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013”; to the Committee on Finance.

By Mr. Speaker, Mr. Thompson, and Delegate Armstead

            [By Request of the Executive]:

            H. B. 2930 – “A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2013, to the Governor’s Office, Minority Affairs Fund, fund 1058, fiscal year 2013, organization 0100, to the Department of Education and the Arts, State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center - Special Account, fund 8664, fiscal year 2013, organization 0932, to the Department of Health and Human Resources, Division of Health - Hospital Services Revenue Account, Special Fund, Capital Improvements, Renovation and Operations, fund 5156, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Health - Lead Abatement Account, fund 5204, fiscal year 2013, organization 0506, to the Department of Revenue, Municipal Bond Commission, fund 7253, fiscal year 2013, organization 0706, to the Department of Transportation, Public Port Authority - Special Railroad and Intermodal Enhancement Fund, fund 8254, fiscal year 2013, organization 0806, to the Miscellaneous Boards and Commissions, WV Board of Examiners for Registered Professional Nurses, fund 8520, fiscal year 2013, organization 0907, and to the Miscellaneous Boards and Commissions, WV Board of Licensed Dietitians, fund 8680, fiscal year 2013, organization 0936, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013”; to the Committee on Finance.

By Mr. Speaker, Mr. Thompson, and Delegate Armstead

            [By Request of the Executive]:

            H. B. 2931 – “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2013, to the Department of Health and Human Resources, Division of Human Services - Temporary Assistance for Needy Families, fund 8816, fiscal year 2013, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2013”; to the Committee on Finance.

By Delegates Iaquinta, Paxton, Miley, Fleischauer, Longstreth, P. Smith, Fragale, Staggers, J. Nelson, Wells and Boggs:

            H. B. 2932 – “A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Veterans’ Affairs, fund 8728, fiscal year 2013, organization 0618, by supplementing and amending the appropriations for the fiscal year ending June 20, 2013”:to the Committee on Finance.

By Delegates L. Phillips, P. Smith, Marcum, Barill, White, Moye, Skinner and Poore:

            H. B. 2933 – “A Bill to amend and reenact §62-12-13 and §62-12-23 and of the Code of West Virginia, 1931, as amended, all relating to the Parole Board’s duty to notify prosecuting attorneys of an offender’s parole hearing and release”; to the Committee on the Judiciary.

By Delegates Eldridge, Stowers, Barrett, Barill, R. Phillips, Tomblin, Young, Lynch, Sponaugle, Hartman and Campbell:

            H. B. 2934 – “A Bill to amend and reenact §18-10H-6 of the Code of West Virginia, 1931, as amended, relating to providing that seventh grade students are eligible to attend vocational school”; to the Committee on Education.

By Delegates Hunt, Moore, Marcum, Miley, P. Smith, Skaff, White, Paxton, Hamilton, Faircloth and Barill:

            H. B. 2935 – “A Bill to amend and reenact §61-8C-2 and §61-8C-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-8C-3b, all relating to child pornography; increasing criminal penalties for certain violations; providing enhanced penalties for second and subsequent violations; providing enhanced penalties for violations involving possession of five hundred or more images; providing enhanced penalties for violations involving images showing a minor subjected to pain or engaging in sexual activity with an animal; and providing that certain violators are not eligible for probation”; to the Committee on the Judiciary then Finance.

By Delegates Hunt, Staggers, Skaff, Sobonya, Manchin, Sponaugle, Moye, Walters, Marcum, R. Phillips and E. Nelson:

            H. B. 2936 – “A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to the regulation of fireworks; defining terms; setting forth the State Fire Marshal’s authority; requiring a registration, certification or permit; establishing the requirements for a registration, certification and permit; establishing a special revenue account; setting forth the State Fire Marshal’s rule-making authority; providing authority to investigate complaints; and providing criminal penalties”; to the Committee on Government Organization then the Judiciary.

By Delegates Walters, Armstead and R. Smith:

            H. B. 2937 – “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-13b, relating to authorizing a county school board to adopt a policy that allows an inspirational message to be delivered by students at a student assembly; providing policy requirements; and providing purpose”; to the Committee on Education then the Judiciary.

By Delegates Ashley, Ellem, Miley, Westfall, Lawrence, McCuskey, Poore, Householder, Hunt, Manchin and Lane:

            H. B. 2938 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-7-1a, relating to the establishment of ethical standards for court reporters and entities that provide court reporting services; oversight administration; and sanctions and penalties”; to the Committee on the Judiciary.

By Delegates Barrett, Lawrence, Skinner, Miley and Sponaugle:

            H. B. 2939 – “A Bill to amend and reenact §61-2-9 and §61-2-28 of the Code of West Virginia, 1931, as amended, all relating generally to crimes against the person; and modifying the definition of ‘battery’ and ‘domestic battery’ to conform with federal laws”; to the Committee on the Judiciary.

By Delegates M. Poling, Stowers, Pasdon, Moye and Perry:

            H. B. 2940 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-26a, relating to regional meetings among certain officials of county boards of education; establishing purposes and limitation; requiring notice; setting forth the responsibilities of county and state education officials; soliciting input from organizations having an interest in education; requiring certain reports; and providing a process for approval of training”; to the Committee on Education.

By Delegates Miley, Manchin, Ferro, Moore and Manypenny

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

            H. B. 2941 – “A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1-3 of said code; and to amend and reenact §3-2-2, §3-2-4a, §3-2-18, §3-2-19, §3-2-21, §3-2-23, §3-2-25 and §3-2-29 of said code, all relating to the maintenance of voter registration lists and related records; making technical corrections and deleting obsolete references; updating and clarifying the persons entitled to vote; clarifying when a person under the age of eighteen may vote in a primary election; updating the processes and responsibilities for statewide voter registration and clarifying county and state roles in the voter registration process; updating the processes of maintaining voter registration records; clarifying county roles in maintaining voter registration files for municipal elections; updating processes for the maintenance of records in the statewide voter registration database; updating processes for cancellation of deceased or ineligible voters’ registrations; clarifying county and state roles in the systematic purging program for removal of ineligible voters from active voter registration records; and clarifying custody of paper and electronic voter registration records”; to the Committee on the Judiciary then Finance.

By Delegates Householder, Sobonya, Gearheart, Arvon, Raines, Sumner, Border, Espinosa, Shott, Westfall and Frich:

            H. B. 2942 – “A Bill to amend and reenact §6B-1-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §6B-2-5 of said code, all relating to governmental ethics; prohibiting public officials and employees from using public funds for self promotion; prohibiting knowingly and intentionally placing the names or likenesses of public officials and employees on trinkets; and prohibiting knowingly and intentionally placing the names or likenesses of public officials and employees on certain publically-financed advertising during an election period; and defining terms”; to the Committee on the Judiciary then Finance.

By Delegate Skinner:

            H. B. 2943 – “A Bill to amend and reenact §60-4-3 and §60-4-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §60-6-2 of said code; and to amend and reenact §60-7-11 of said code, all relating to providing that the hours of a private club operating on the premises of a distillery that produces less than 50,000 gallons of alcoholic liquor per year or a mini-distillery shall be the same as any other private club; authorizing sales of alcoholic liquor, other than in sealed packages, for consumption on the premises of a distillery that produces less than 50,000 gallons of alcoholic liquor per year or a mini-distillery which also holds a private club license; and exempting alcoholic liquor that was manufactured on the premises of the distillery that produces less than 50,000 gallons of alcoholic liquor per year or a mini-distillery from the requirement that licensees must purchase alcoholic liquors from or through the commissioner or a retail licensee”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegate Skinner:

            H. B. 2944 – “A Bill to amend and reenact §11-16-8 of the Code of West Virginia, 1931, as amended, relating to permitting the sale of nonintoxicating beer within a certain distance from a church that consents to the sale”; to the Committee on the Judiciary.

Special Calendar

Third Reading

            Com. Sub. for H. B. 2567, Relating to limited partnerships; 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. 27), 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. 2567) passed.

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

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

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

            Com. Sub. for H. B. 2171, Relating to review of state administrative agency rule making,

            Com. Sub. for H. B. 2497, Requiring applicants for real estate licensure to undergo criminal history record checks,

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

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

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

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

            And,

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

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.

Remarks by Members

            Delegate Hunt addressed the House regarding H. B. 2760, Creating a uniform regulation of firearms, ammunition, and firearm accessories, and at the conclusion thereof, Delegate J. Nelson asked and obtained unanimous consent that such remarks be printed in the Appendix to the Journal.

            Delegate J. Nelson also addressed the House, regarding Delegate Hunt’s remarks, and H. B. 2760, and at the conclusion of his remarks, he also asked and obtained unanimous consent that his remarks be printed in the Appendix to the Journal.

            At 12:15 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 15, 2013.

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