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House Journal


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Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Monday, March 18, 2013

THIRTY-FOURTH 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 Friday, March 15, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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. C. R. 45, The “Army PFC French E. Marsh Memorial Bridge”,

            H. C. R. 46, The “Martha Ellen Taylor & Sons Memorial Bridge”,

            And,

            H. C. R. 58, The “Marine Lance Corporal Michael Steven Garrett Memorial Bridge”,

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

            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. 2356, Prohibiting the sale of beer and wine at self-scan registers,

            H. B. 2786, Increasing the allowable number of magistrate court deputy clerks by ten,

            H. B. 2910, Allowing the State Tax Commissioner to divert and use lottery prizes to pay the unpaid tax liabilities of lottery prize winners,

            H. B. 2912, Relating to disclosure of confidential taxpayer information,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2356, H. B. 2786, H. B. 2910 and H. B. 2912) were each 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. 2780, Relating generally to multi disciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services,

            And,

            H. B. 2842, Clarifying that time-sharing plans, accommodations and facilities are subject to regulation by the Division of Land Sales and Condominiums,

            And reports the same back with the recommendation that they 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. 2815, Clarifying and modifying the process of appointing and terminating guardians for minors,

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

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

            With the recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2717, Requiring that deputy sheriffs be issued ballistic vests upon law-enforcement certification,

            H. B. 2890, Increasing criminal penalties for violating provisions of the civil service law for paid fire departments,

            H. B. 2913, Specifying procedures for adjusting payments to correct for an erroneous distribution of moneys dedicated, distributed or directed to a state or local governmental subdivision,

            And,

            H. B. 2915, Relating to the withdrawal of state tax liens recorded prematurely, inadvertently or erroneously,

            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. 2717, H. B. 2890, H. B. 2913 and H. B. 2915) were each 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 and requested the concurrence of the House of Delegates in the passage, of 

            Com. Sub. for S. B. 159 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §36-12-1, §36-12-2, §36-12-3, §36-12-4, §36-12-5, §36-12-6, §36-12-7, §36-12-8, §36-12-9, §36-12-10, §36-12-11, §36-12-12, §36-12-13, §36-12-14, §36-12-15, §36-12-16 and §36-12-17, all relating to creating the Uniform Real Property Transfer on Death Act; authorizing the transfer of real property effective at the time of a transferor’s death; providing for applicability and nonexclusivity of this method of transferring real property; providing that a transfer on death deed is revocable and nontestamentary; establishing the capacity of transferor; setting forth requirements for a transfer of death deed; providing that transfer of death deed exempt from payment of excise tax on the privilege of transferring real estate; providing that notice, delivery, acceptance or consideration are not required; providing requirements for revocation of deed; setting forth the effect of transfer on death deed during a transferor’s life and effect of the deed at transferor’s death; providing for disclaimer; providing for liberal construction; providing for uniformity of application and construction; setting forth the article’s relation to the Electronic Signatures in Global and National Commerce Act; and defining terms”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 368 - “A Bill to amend and reenact §48-3-103 and §48-3-105 of the Code of West Virginia, 1931, as amended, all relating to domestic relations law generally; clarifying that conviction of an offense punishable by incarceration for more than one year prior to the marriage and without the knowledge of the other party constitutes a basis for voiding a marriage; and clarifying that a party to a marriage who was unaware at the time of the marriage that his or her spouse had previously been convicted of an offense punishable by incarceration for more than one year may not institute an annulment action if he or she cohabited with that spouse after becoming aware of the conviction”; 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

            S. B. 383 - “A Bill to amend and reenact §29-21-9 and §29-21-20 of the Code of West Virginia, 1931, as amended, all relating to Public Defender Services; authorizing family court judges to appoint counsel in contempt cases when jail commitment is possible; and providing immunity to attorney appointed by family court judges”; 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

            Com. Sub. for S. B. 427 - “A Bill to amend and reenact §62-1A-10 of the Code of West Virginia, 1931, as amended, relating to clarifying requirements for certain motor vehicle searches”; which was referred to the Committee on the Judiciary.

            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. 7 - “Designating the Hall Flintlock Model 1819 as the official state firearm.”

            Whereas, The United States Constitution gives citizens the right to bear arms in defense of themselves and their country; and

            Whereas, No firearm has been designated as the official state firearm for the State of West Virginia; and

            Whereas, The Hall Flintlock Model 1819 was manufactured in Harpers Ferry by John H. Hall; and

            Whereas, The Hall Flintlock Model 1819 was adopted for use by the United States Army in 1819; and

            Whereas, The Hall Flintlock Model 1819 was the first breech- loading rifle to be adopted by any nation's military; and

            Whereas, The Hall Flintlock Model 1819 was still in use during the United States Civil War; and

            Whereas, The designation of such a state firearm would aid in the promotion of West Virginia history; and

            Whereas, Other states have designated an official state firearm; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Hall Flintlock Model 1819 be designated as the official state firearm; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and the schools of this state.

Resolutions Introduced

            Delegates Eldridge, Campbell, Reynolds, R. Phillips, Stowers, Tomblin, Mr. Speaker, Mr. Thompson, Marcum, White, Craig and Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 80 - “Urging the United States Congress to move West Virginia from the United States Environmental Protection Agency’s (EPA) Region 3 office in Philadelphia to the EPA’s Region 4 office in Atlanta.”

            Whereas, EPA Region 3 (Mid-Atlantic) includes Delaware, District of Columbia, Maryland, Pennsylvania, Virginia and West Virginia; and

            Whereas, EPA Region 4 (Southeast) includes Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee; and

            Whereas, Kentucky and West Virginia are similar in terms of natural resources, including coal mining; and

            Whereas, It makes practical sense to regulate like states in a like manner under the same regional office; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the West Virginia Legislature hereby requests the United States Congress to transfer West Virginia to EPA Region 4; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this Resolution to the United States Congress.

            Delegates Romine, A. Evans, Rowan and Azinger offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 81 - “Requesting the Division of Highways to name the bridge at the south end of Sistersville on Route 2, bridge number 2155.1, as the ‘Brigadier General Timothy C. Barrick Memorial Bridge’.”

            Whereas, Brigadier General Timothy C. Barrick, soldier, gentleman and proud West Virginian, was the great-great-great-grandson of a long line of a civic and country serving family. His great-great-great-grandfather was Presley Martin, the founder of New Martinsville. His grandfather, William D. Barrick Sr., who moved to Sistersville in 1928 and started the General Dry Cleaning Company, was the leading force who brought Linde Air Products to Sistersville in 1954. This same grandfather, along with two other men, also bought and donated to Sistersville the land now known as Country Club Heights. Like his ancestors before him, Timothy C. Barrick was an honorable and giving man. Tim's father, William D. Barrick, Jr., served his country during World War II. His brother William D. Barrick, III served in the Navy. So as a lad Tim signed up for the Army in 1966 during one of our nations darkest hours, The Vietnam War. He was commissioned as a Second Lieutenant, Infantry, in 1967. He then served twelve months in Vietnam. Thus began for him, as well as his family, a life-long service to his country. Tim's service included tours in Korea and as an instructor with the U.S. Army Infantry School at Fort Benning, Georgia. He then joined the Alabama National Guard in 1976. His military education included Infantry OCS; Airborne Course; Infantry, Engineer, Armor and Quartermaster Advance Courses; Command and General Staff College (Commandant's List), National Security Management Course (Outstanding Graduate) and Reserve Components National Security Course. He earned a bachelor's degree in criminal justice and military science. He was awarded the Silver Star, Bronze Star, Purple Heart, Meritorious Service Medal (three awards), Air Medal (two awards), Army Commendation Medal (3 awards), Army Achievement Medal (2 awards), Humanitarian Service Medal, Vietnam Service Medal, Combat Infantryman Badge and Parachutist Badge. He was presented the Alabama Distinguished Service Medal, the state's highest award; and

            Whereas, Tim loved his roots and Tyler County. He came home as often as he could. He is the highest ranking officer ever to graduate from Sistersville High School. He gave the keynote speech at the 2002 Alumni Banquet in which he wrote a poem dedicated to this city and county. Brigadier General Timothy C. Barrick died in June, 2004. He is survived by his wife Linda and his two daughters Courtney and Stephanie; his mother, Janet Barrick; his brother Billy Dean; and his sister Melissa Flesher. This beloved native son was returned home in June 2004 for good. Brigadier General Timothy C. Barrick was a soldier, gentleman and a man who loved his country, family, his fellow man and West Virginia; and

            Whereas, The life of our native son, Brigadier General Timothy C. Barrick, and his life, accomplishments and passing should not go unnoticed; therefore, be it

            Resolved by the House of Delegates:

            That the Legislature hereby requests the Division of Highways to name the bridge at the south end of Sistersville on Route 2, bridge number 2155.1, as the “Brigadier General Timothy C. Barrick Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs on both sides of the bridge identifying the bridge as the “Brigadier General Timothy C. Barrick 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 the surviving wife and children and relatives of Brigadier General Timothy C. Barrick.

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

            By Delegate s Moye, Pino, Boggs, Walker, Swartzmiller and A. Evans:

            H. J. R. 34 – “Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty-three, relating to the marriage protection amendment; prohibiting the state from recognizing same sex marriages; prohibiting the state from recognizing a legal status for relationships that are similar to marriage; 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.

Petitions

            Delegate Howell presented a petition on behalf of his constituents requesting the Division of Highways install a signal light at the intersection of Stony Run Road and U.S. Route 220; which was referred to the Committee on Roads and Transportation.

Bills Introduced

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

By Delegates Skinner, Barrett, Lawrence, Marshall, Reynolds, Poore, Miley, Morgan, Fleischauer, Lynch and Young:

            H. B. 2953 – “A Bill to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to raising the minimum wage”; to the Committee on Finance.

By Delegates Caputo, Tomblin, R. Phillips and Marcum:

            H. B. 2954 – “A Bill to amend and reenact §22A-11-2 of the Code of West Virginia, 1931, as amended, relating to requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature are paid for each day or portion thereof engaged in the discharge of their interim duties”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.

By Delegate Walters:

            H. B. 2955 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9A-5-1, §9A-5-2, §9A-5-3, §9A-5-4 and §9A-5-5, all relating to creation of a Traumatic Brain Injury Services Commission; stating legislative findings; creating commission and members; stating purpose and duties of members of commission; and stating how funded and requiring reporting”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates Miley, Boggs, Manchin, Marcum, Ferro, Reynolds and Ashley:

            H. B. 2956 – “A Bill to amend and reenact §11-16-3 and §11-16-6 of the Code of West Virginia, 1931, as amended, all relating to resident brewers and brewpubs; and clarifying certain requirements and operations relating to distribution and sales”; to the Committee on the Judiciary.

By Delegates Azinger, A. Evans and Romine:

            H. B. 2957 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-1c relating to county commissions generally; authorizing a pilot program to increase powers of county self government; the County Home Rule Pilot Program; legislative findings; authorizing certain counties to participate in the program; creating a County Home Rule Board; stating the powers and duties of the board and membership; written plan requirements for counties; ordinance requirements for counties; powers and duties of the participating counties; prohibiting certain acts by participating counties; amending the written plan; termination date of the pilot program; reporting requirements; and the effect of ordinances passed by the counties participating in the pilot program”; to the Committee on Political Subdivisions then Government Organization.

By Delegates Walters, R. Smith, Canterbury, Andes and Raines:

            H. B. 2958 – “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the allowance of mortgage or deed of trust interest paid on a personal residence as a deduction for personal income tax purposes”; to the Committee on Finance.

By Delegates Eldridge, R. Phillips, Stowers, Longstreth, Young, Sponaugle, Reynolds, Campbell, Tomblin, Marcum and M. Poling:

            H. B. 2959 – “A Bill to amend and reenact §23-2-1b of the Code of West Virginia, 1931, as amended, relating to workers’ compensation; employers and employees subject to coverage; and providing that paid county or municipal fire departments and duly incorporated volunteer fire departments pay reduced premiums when not actively engaged in fire fighting”; to the Committee on Finance.

By Delegates Guthrie, Hartman and Manchin:

            H. B. 2960 – “A Bill to repeal §33-25C-5, §33-25C-6, §33-25C-7, §33-25C-9 and §33-25C-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §33-16H-1, §33-16H-2, §33-16H-3 and §33-16H-4, all relating to adverse benefit determinations by insurance companies and managed care organizations; mandating utilization review and internal grievance processes; providing for external review of adverse determinations; defining terms; providing for judicial review of certain decisions; providing that a decision rendered by an independent review organization that is adverse to the issuer is binding on the issuer and not subject to further review; preserving other causes of action; deleting similar provisions applicable to only health maintenance organizations; and directing promulgation of emergency rules and proposal of legislative rules”; to the Committee on Banking and Insurance then the Judiciary.

Special Calendar

Unfinished Business

            Com. Sub. for H. C. R. 4, The “USMC CPL Larry G. Curnutte Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            H. C. R. 6, The “Sergeant Elzie Mundy, Jr. Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            H. C. R. 14, The “Marine LCpl Benny A Gilco Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            H. C. R. 16, The “Army Specialist-4 Harmon ‘Hoppy’ Lee Hopson Jr. Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

            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. C. R. 38, The “James Darrell Mangrum Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            H. C. R. 44, Requesting a study on the effectiveness and efficiency of the Supreme Court Rules on the Appeals process in West Virginia; coming up in regular order, as unfinished business, was reported by the Clerk.

            Delegates Armstead, O’Neal, Lane and Sobonya moved to amend the resolution on page one, line eight, by striking out the resolution and inserting in lieu thereof the following:

            “Requesting the Joint Committee on Government and Finance study the effectiveness and efficiency of the Supreme Court Rules on the Appeals process in West Virginia and the need for any additional steps to ensure the effectiveness and accessibility of the appellate process.

            Whereas, The United States Constitution and the West Virginia Constitution provide that each citizen is guaranteed a fair hearing in the courts of this nation; and

            Whereas, There has been a review of West Virginia courts by commissions appointed by the executive branch of government; and

            Whereas, As a result of concerns relating to West Virginia’s appeals process, in December, 2011, the West Virginia Supreme Court adopted new appellate rules relating to judicial review and written decisions on each appeal filed with that court; and

            Whereas, Some citizens and entities continue to express a belief that West Virginia’s courts are unfair to litigants and are harmful to the business climate in this state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the effectiveness and efficiency of the Supreme Court Rules on the appeals process in West Virginia and the need for any additional steps to ensure the effectiveness and accessibility of the appeals process including the possible creation of an intermediate court of appeals; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2014, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations in order to make certain that West Virginia’s judicial system is fair in its procedures and processes for citizens and businesses; and, be it

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

            The Speaker put the question on the amendment and the same did not prevail.

            The resolution was then adopted.

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

            Delegate Andes asked to be recorded as having voted “Yea” on the amendment to H. C. R. 44.

            Com. Sub. for H. C. R. 55, The “Trooper Brian William Linn Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            H. C. R. 59, The “Corporal Gerry Glen Simpson Memorial Bridge, United States Army”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            H. C. R. 68, The “Army Maj. Gen. Charles C. Rogers Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

Third ReadingCom. 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”; on third reading, coming up in regular order, was reported by the Clerk.

            Delegates Hamrick and Miley asked and obtained unanimous consent to amend the bill on third reading.

            On motion of Delegates Hamrick and Miley, the bill was amended on page two, section ten, line two, after the word “carrier”, by inserting the word “or”,

            On page two, section ten, line ten, after the word “carrier”, by inserting the word “or”,

            On page two, section ten, line fifteen, after the word “carrier”, by inserting the word “or”,

            On page three, section ten, line nineteen, after the word “carriers”, by striking out words “internet account provider” and inserting in lieu thereof thewords “or internet account providers”,

            And,

            On page three, section ten, line thirty, after the word “carriers”, by striking out the words “internet account provider” and inserting in lieu thereof the words “or internet providers”.

            Having been engrossed, the bill was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 30), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Folk.

            Absent and Not Voting: Fragale, Hunt and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2046) 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. 2171, Relating to review of state administrative agency rule making; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

            At the request of Delegate Boggs, and by unanimous consent, the bill was laid over.

            Com. Sub. for H. B. 2497, Requiring applicants for real estate licensure to undergo criminal history record checks; 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. 31), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale, Hunt and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2497) 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. 2603, Relating to the Family Protection Services Board; 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. 32), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Andes, Butler, Cadle, Gearheart, Householder and J. Nelson.

            Absent and Not Voting: Fragale, Hunt and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2603) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 33), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Butler, Cadle, Gearheart, Householder, Howell, Kump and J. Nelson.

            Absent and Not Voting: Fragale, Hunt and L. Phillips.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2603) takes effect from its passage.

            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. 2762, Creating an exemption from licensure as an adjuster for certain individuals who conduct data entry into an automated claims adjudication system; 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. 34), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale, Hunt, L. Phillips and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2762) 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. 2770, Permitting dealers who sell fewer than eighteen new or used motor vehicles during a year to have their dealer licenses renewed; on third reading, coming up in regular order, was read a third time.

            Delegate Miller requested to be excused from voting on the passage of H. B. 2770 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 35), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale, Hunt and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2770) 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. 2819, Relating to the financial oversight of entities regulated by the Insurance Commissioner; 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. 36), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale, Hunt and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2819) 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. 2847, Relating to the collection of delinquent real property and personal property taxes; 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. 37), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale, Hunt and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2847) passed.

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

Second ReadingH. B. 2861, Relating to continued enrollment of at-risk student in public school; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            At 12:23 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 3:00 p.m., and reconvened at that time.

* * * * * * *

Afternoon Session

* * * * * * *

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  

            S. B. 108 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-12A-1, §61-12A-2, §61-12A-3, §61-12A-4, §61-12A-5 and §61-12A-6, all relating to the creation of the Unintentional Pharmaceutical Drug Overdose Fatality Review Team under the Office of the Chief Medical Examiner; setting forth legislative findings; setting forth membership of the team and terms of office; setting forth responsibilities of the team; providing for certain actions the team may not take in exercising its duties; providing for an annual report to the Governor and Legislature and its contents; providing for confidentiality of the team’s proceedings, records and opinions; setting forth record-keeping requirements; authorizing access to certain records; requiring other state and local agencies to cooperate with the team; and granting rule-making authority”; which was referred to the Committee on Health and Human Resources then Government Organization.

            A message from the Senate, by

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

            Com. Sub. for S. B. 353 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-5C-1, §15-5C-2, §15-5C-3 and §15-5C-4, all relating to establishing the First Informer Broadcasters Act; defining terms; permitting broadcasters to develop plans for preparing and responding to emergencies and disasters; permitting broadcasters to train and certify certain personnel to be first informer broadcasters; setting forth what training and certification plans must contain; and requiring, to the extent practicable, government agencies to allow first emergency broadcasters access to emergency areas to repair equipment critical to their emergency broadcasting responsibilities”; which was referred to the Committee on Veterans’ Administration and Homeland Security then 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. 359 - “A Bill to repeal §18-2-23a and §18-2-32 of the Code of West Virginia, 1931, as amended; to repeal §18-2E-5c of said code; to repeal §18-2I-6 and §18-2I-7 of said code; to repeal §18A-3A-2a and §18A-3A-6 of said code; to amend and reenact §18-1-4 of said code; to amend and reenact §18-2-24 of said code; to amend said code by adding thereto a new section, designated §18-2-39; to amend and reenact §18-2E-5 of said code; to amend and reenact §18-2I-1, §18-2I-2, §18-2I-3, §18-2I-4 and §18-2I-5 of said code; to amend and reenact §18-3-1 and §18-3-12 of said code; to amend said code by adding thereto a new section, designated §18-3-9b; to amend and reenact §18-5-18, §18-5-44 and §18-5-45 of said code; to amend and reenact §18-5A-5 of said code; to amend and reenact §18A-2-1 and §18A-2-7 of said code; to amend said code by adding thereto two new sections, designated §18A-3-1d and §18A-3-1e; to amend and reenact §18A-3-2a of said code; to amend and reenact §18A-3A-1, §18A-3A-2 and §18A-3A-3 of said code; to amend and reenact §18A-4-2a, §18A-4-7a, §18A-4-8, §18A-4-8a and §18A-4-14 of said code; to amend and reenact §18A-5-2 of said code; to amend and reenact §18C-1-2 of said code; to amend and reenact §18C-4-1, §18C-4-2, §18C-4-3 and §18C-4-4 of said code; and to amend said code by adding thereto three new sections, designated §18C-4A-1, §18C-4A-2 and §18C-4A-3, all relating to transforming and improving public education; removing outdated language; requiring the State Board of Education, the Higher Education Policy Commission and the Council for Community and Technical College Education to collaborate in formally adopting uniform and specific college- and career-readiness standards for English/language arts and math; providing methods for determining whether students have met the college- and career-readiness standards; requiring that an explicit focus be embedded in each course on the development of English/language arts and math skills; requiring a twelfth-grade transitional course for both English/language arts and math for students not on track to be college ready; requiring professional development on teaching the college- and career-readiness standards to be included in the State Board’s Master Plan for Professional Staff Development; requiring the state board to require all teacher preparation programs to include appropriate training for teaching adopted standards in at least grades eight through twelve; requiring the use of certain assessments, exams or tests for determining whether a student is eligible for a remedial course; requiring accountability for increasing the percentage of students who meet the standards and for increasing the percentage of students who are making adequate progress toward meeting the standards; removing requirement applicable to annual county and school strategic improvement plans; modifying requirements for high-quality education standards for student, school and school system performance and processes; modifying requirements pertaining to a comprehensive statewide student assessment program; removing provisions relating to No Child Left Behind annual measures; modifying provisions pertaining to the state annual performance measures for school and school system accreditation; removing provisions pertaining to requiring the standards to include indicators of exemplary student, school and school system performance and progress; eliminating the Process for Improving Education Council; modifying component of system of education performance audits; expanding state board authority pertaining to the Office of Education Performance Audit’s reporting formats; eliminating condition for on-site review; removing prohibition of certain duplicate reviews or inspections; removing provisions pertaining to persons who are to conduct an on-site review; removing list of areas for which the office may not review; modifying provisions pertaining to school accreditation; removing provision allowing a student to transfer from a low-performing school under certain conditions; professional development; establishing clear state-level leadership of professional development; providing findings on the importance of professional development; requiring State Board of Education to develop a master plan for professional development; requiring submission of plan to certain entities; requiring goals to be established and included in the master plan; requiring state board rules; setting forth minimum components of the rule; requiring annual report on the statewide professional development plan; modifying language pertaining to the Strategic Staff Development Fund; modifying State Superintendent of Schools qualifications and removing his or her salary limit; requiring State Superintendent to reduce the amount budgeted for personal services, related employee benefits and contractual expenditures related to employment in fiscal years 2014 and 2015; increasing the number of schools to be included in a special community development pilot program; modifying other provisions pertaining to the pilot program; requiring kindergarten and early childhood aides to transition to one of three new assistant teacher positions after date certain; exempting those eligible for retirement before July 1, 2020; requiring early childhood education programs to be made available five days a week for the full day; allowing program to be for fewer than five days per week and less than full day under certain circumstances; allowing parent to withdraw child for good cause; providing for local control of the school calendar; defining terms and establishing findings about the school calendar; requiring a 200-day employment term; requiring one hundred eighty separate days of actual instruction are to be provided for students; requiring school term to include out-of-calendar days that are to be used for instructional days in the event school is canceled; requiring county policy for adding minutes or days to school calendar for certain purpose; requiring that one hundred eighty days be within a 365-day period set by the county board; limiting noninstructional interruptions to instructional day; requiring state board or State Superintendent approval of proposed county calendar; requiring public meetings for discussions of a school system’s calendar; allowing the state board to grant a waiver to certain code sections that prevent a school system from meeting one hundred eighty instructional days; requiring state board rule to implement the calendar section provisions; removing language about faculty senates on instructional support and enhancement days; requiring the local board to provide at least four additional two-hour blocks of time during noninstructional days, with each block scheduled once at least every forty-five instructional days; prohibiting principals from recommending for employment certain individuals that are related to him or her; allowing reassignment of teachers when a vacancy was not foreseen before March 1 based on pupil-teacher ratio; requiring state board to determine whether a group qualifies as a national teaching corps; allowing participants in a national teaching corps to become classroom teachers; creating a critical need alternative teacher certificate; providing that the certificate is only valid for teaching in subject areas, public schools or geographic areas in which the state board determines that critical teacher shortages exist; providing that the certificate is a two-year certificate that can be renewed for one year; setting forth minimum requirements to receive a critical need alternative teacher certificate; creating a professional support team for these new teachers; recommendation for certification of teachers on the critical need alternative teaching certificate by support team; requiring state board rules that must at least include additional requirements for a person with a critical need alternative teaching certificate to obtain a professional certificate; amending requirements for professional teaching certificates through alternative certifications; further defining ‘critical need alternative teaching certificates’; providing for salary bonus for classroom teachers with a National Board for Professional Teaching Standards renewal certificate; providing for reimbursement of the renewal certification fee; removing language that limits the number of board-certified teachers who can receive reimbursement per year; adding seniority to the list of factors to be considered when filling vacancies in professional positions of employment; eliminating restrictive hiring language for classroom teaching positions; allowing county boards to give consideration to recommendations made by the principal and the faculty senate; allowing released employees to be hired for certain vacancies prior to the job being posted; limiting bumping to within a school with county seniority; allowing for multiple postings within a thirty-day period under certain conditions; removing language that limits internal school bumping to elementary school; allowing reassignment of a teacher within his or her school upon consent of teacher and county board; eliminating the 43-week limit on the employment term for service personnel; creating three new types of early childhood classroom assistant teacher positions; assigning a pay grade to the new positions; requiring state board study on planning periods; clarifying that not all holidays will be counted as a day of the employment term and that pay per pay period cannot change as a result; providing that snow days are not counted as days of employment or days of instruction; providing definitions; scholarships and loan assistance for teachers in critical need areas; creating loan assistance program; determining subject and geographic areas of critical need; requiring legislative rules for program administration; revising eligibility criteria and specifying effective date; determining eligibility and awarding loan assistance; establishing criteria for inclusion in scholarship and loan assistance agreements; requiring payments to be made directly to a lending entity; requiring model contract agreements; specifying loan amount, limits and duration of loan assistance; requiring repayment under certain conditions; specifying excusal from repayment under certain conditions; and making technical corrections and deleting obsolete language”; which was referred to the Committee on Education.

            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. 412 - “A Bill to amend and reenact §19-21A-7 of the Code of West Virginia, 1931, as amended, relating to removal of elected county conservation district supervisors from office”; which was referred to the Committee on Agriculture then the Judiciary.

            A message from the Senate, by

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

             Com. Sub. for S. B. 464 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-45-1, §16-45-2, §16-45-3, §16-45-4, §16-45-5 and §16-45-6, all relating generally to regulation of tanning facilities; defining terms; setting forth requirements for registration, inspection and obtaining a permit; requiring a consent form; setting forth consent form language; creating operating standards; prohibiting the use of tanning devices by anyone under the age of eighteen; granting rule-making authority to the Department of Health and Human Resources to regulate tanning facilities; setting forth minimum requirements for the rule; allowing fees; and establishing criminal penalties”; which was referred to the Committee on Health and Human Resources then the Judiciary.

Leaves of Absence

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

            At 3:07 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 19, 2013.

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