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House Journal


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Day 17 (03-01-2013)
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Day 37 (03-21-2013)
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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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__________*__________



 

Monday, March 25, 2013

FORTY-FIRST 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 22, 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 Ninth Order of Business for the purpose of considering a resolution on Unfinished Business.

Unfinished Business

            H. C. R. 11, Requesting the State of West Virginia to annually recognize August 16 as “Airborne Day” in West Virginia; coming up in regular order, as unfinished business, was read by the Clerk.

            The question now being on the adoption of the resolution, Delegate Lane demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 67), 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: Andes, Canterbury, Fragale and Moore.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 11 ) adopted.

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

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. 52, The “Richardson Brothers’ Memorial Highway, United States Army, World War II”,

            H. C. R. 67, The “J. Cecil Jarvis Memorial Bridge”,

            And,

            H. C. R. 75, The “USN S2C Jack Wade and USMC PFC Don Wade Memorial Bridge”,

            And reports the same back with the recommendation that they 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. 7, The “Sgt. Michael Todd May Memorial Bridge”,

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

            Com. Sub. for H. C. R. 7 – “Requesting that bridge number 31-N0099-0.04 on Sabraton Avenue in Morgantown, Monongalia County, West Virginia, be named the ‘County Sheriff Sgt. Michael Todd May Memorial Bridge’,”

            H. C. R. 37, The “Sgt. Norman R. Cunningham Memorial Bridge”,

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

            Com. Sub. for H. C. R. 37 – “Requesting the Division of Highways to rename the Reader Bridge in Wetzel County, Bridge number 52-48-0.01, the ‘U.S. Army Sgt. Norman R. Cunningham Memorial Bridge’,”

            And,

            H. C. R. 81, The “Brigadier General Timothy C. Barrick Memorial Bridge”,

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

            Com. Sub. for H. C. R. 81 – “Requesting the Division of Highways to name the bridge at the south end of Sistersville on Route 2, bridge number 48-2-8.84, as the ‘Brigadier General Timothy C. Barrick Memorial Bridge’,”

            With the recommendation that the committee substitutes each be adopted.

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

            Your Committee on Finance has had under consideration:

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

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

            Com. Sub. for H. B. 2519 - “A Bill to amend and reenact §11-24-43a of the Code of West Virginia, 1931, as amended; to amend and reenact §31-15A-16 of said code; and to amend and reenact §33-20F-4 of said code, all relating to reallocation and repatriation of certain funds to the General Revenue Fund; eliminating the required payments into the Special Railroad and Intermodal Enhancement Fund for fiscal year 2014; reducing the amount deposited annually to the credit of the West Virginia Infrastructure General Obligation Debt Service Fund, subject to certain limitations, conditions and constraints; eliminating provisions regarding a loan from the Tobacco Settlement Medical Trust Fund to the Physician’s Mutual Insurance Company; eliminating the requirement that certain taxes imposed upon medical malpractice insurance premiums to paid into the Revenue Shortfall Reserve Fund; and specifying effective dates,”

            And,

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

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

            With the recommendation that the committee substitutes each do pass.

            Delegate Wells, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of March, 2013, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

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

            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. 2962, Relating to exemptions from the tax on the privilege of severing natural gas and oil,

            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. 2962) was referred to the Committee on Finance.

            On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass, but that it first be referred to the committee on Finance), which was read by its title, as follows:

By Delegates M. Poling, Stowers, Lawrence, Williams, Perry, Pethtel, Tomblin, Young, Pasdon, Evans and Westfall:

            H. B. 3157 - “A Bill to repeal §11-1C-5b of the Code of West Virginia, 1931, as amended; to repeal §18-2-5g, §18-2-15, §18-2-15a, §18-2-18, §18-2-23, §18-2-30, §18-2-31, §18-2-36, §18-2-37 and §18-2-38 of said code; to repeal §18-2E-3c and §18-2E-3d of said code; to repeal §18-5-40 of said code; to repeal §18-9-2b, §18-9-5, §18-9-7 and §18-9-8 of said code; to repeal §18-9A-3a, §18-9A-3b, §18-9A-13, §18-9A-13a, §18-9A-13b, §18-9A-25 and §18-9A-26 of said code; to repeal §18-9B-11 and §18-9B-16 of said code; to repeal §18A-3-2b of said code; to further amend said code by adding thereto a new section, designated §18-2E-5e; and to amend and reenact §18-9A-10 of said code, all relating to restoring the authority, flexibility, and capacity of schools and school systems to improve student learning; eliminating requirement for annual summary and submission of certain county board policies; eliminating requirement for biennial report on public schools and institutions; eliminating expired provisions for RESA study; eliminating expired provisions for study on staff fluctuations at certain schools; eliminating outdated provisions on comprehensive education program plans; eliminating requirement for statewide curriculum technology resource center; eliminating outdated provisions for automatic cost of living adjustment plan; eliminating outdated provisions for student learning abilities grant program; eliminating expired provisions on flood and property insurance study; eliminating expired provisions on study of school teams and committees; eliminating prescriptive summer reading and math grant program provisions; eliminating provisions pilot program for operation on schools on semester basis; eliminating outdated provisions for transferring school funds from magisterial and independent school districts; eliminating outdated provisions related to the board of the school fund; eliminating outdated provisions related to supplemental aid to for districts with institutional home for orphans and homeless children; eliminating expired provisions for transition to new provisions on school finance; eliminating expired provisions for school finance in certain fiscal year; eliminating expired provisions for one-year transitional allocation appropriation for certain rural districts; eliminating expired provisions related to levies subsequent to passage of statewide uniform excess levy; eliminating inoperable provisions for legislative reserve fund; eliminating requirement for appropriation for teacher of the year salary; eliminating allowance for workers’ compensation for unpaid work-based learning; eliminating outdated provisions related to board of school finance; eliminating provisions related to beginning teacher internship; making legislative findings on Goals for Education; making legislative findings on policy-oriented objectives in Goals for Education; making legislative findings on certain issues raised by Efficiency Audit; making legislative findings on consistency of certain Audit conclusion and policy-oriented objectives of Goals for Education; stating purpose of section with respect to Goals for Education and policy-oriented objectives; requiring state board report on accountability supervisory method that does not affect school and district strategic plans in certain ways; requiring state board to provide clear and consistent expectations for reasonable period in certain ways; requiring state board to ensure certain school and school system capacity for professional development; requiring state board to evaluate its performance and progress on achieving goals and report to Legislative Oversight Commission on Education Accountability; eliminating state board approval of certain electronic strategic improvement plans; reducing percent of increase in local share added to allowance to improve instructional programs; requiring certain funds available for use for personnel to be used for only certain personnel subject to certain condition; increasing percent of increase in local share added to instructional technology purposes; changing purpose to county and school strategic improvement plans; and changing method of allocation to counties.”

            In the absence of objection, the Speaker referred the resolution to the Committee on Finance.

            On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:

By Delegates M. Poling, Stowers, Perry, Williams, Campbell, Pethtel, Walker, Lawrence, Pasdon, Sumner and Rowan:

            H. B. 3158 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29A-3B-13, relating to legislative oversight of education system performance and progress; creating duty of legislative oversight commission on education accountability to examine certain results; providing purposes; and requiring annual report”.

Messages from the Executive

            Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on March 22, 2013, he approved S. B. 197.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

            H. C. R. 42, The “Mike Whitt Visionary Leadership Highway”.

            On motion of Delegate Boggs, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page six, by striking out the Resolved clause and inserting in lieu thereof a new Resolved clause to read as follows:

            “That the Division of Highways is hereby requested to name all sections, existing and to-be-constructed, of the King Coal Highway, I-73/74, running through Mingo County, West Virginia, the ‘Mike Whitt Memorial Highway’; and, be it”,

            On pages six and seven, by striking out the first Further Resolved clause and inserting in lieu thereof a new Further Resolved clause to read as follows:

            “That the Division of Highways is hereby requested to have made signs, to be erected at the beginning and end of each section of the Highway and at regular intervals along both sides of the highway, that state, in bold, prominent lettering, the ‘Mike Whitt Memorial Highway’; and, be it”.

            And,

            By amending the title of the resolution to read as follows:

            H. C. R. 42 - “Requesting the Division of Highways to name all sections of the King Coal Highway, I-73/74, running through Mingo County, West Virginia, the ‘Mike Whitt Memorial Highway’.”

            On motion of Delegate Boggs, the House of Delegates t concurred in the Senate amendments.

            The question before the House now being the adoption of the resolution, as amended, the same was put and prevailed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            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. 201 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend and reenact §30-3-14 and §30-3-16 of said code; to amend and reenact §30-5-3 of said code; to amend and reenact §30-7-15a of said code; to amend and reenact §30-14-11 of said code; and to amend and reenact §30-14A-1 of said code, all relating to treatment for a sexually transmitted disease; defining terms; permitting prescribing of antibiotics to sexual partners of a patient without a prior examination of the partner; requiring patient counseling; establishing counseling criteria; requiring information materials be prepared by the Department of Health and Human Resources; providing limited liability for providing expedited partnership therapy; requiring legislative rules regarding what is considered a sexually transmitted disease; and providing that physicians, physician assistants, pharmacists and advanced nurse practitioners are not subject to disciplinary action for providing certain treatment for sexually transmitted diseases for sexual partners of a patient”; Health and Human Resources 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. 341 - “A Bill to repeal §19-17-5, §19-17-6, §19-17-7, §19-17-8, §19-17-10 and §19-17-11 of the Code of West Virginia, 1931, as amended; to repeal §19-18-4, §19-18-5, §19-18-6, §19-18-7, §19-18-8, §19-18-9, §19-18-10, §19-18-11 and §19-18-12 of said code; to amend and reenact §19-17-1, §19-17-2, §19-17-3 and §19-17-4 of said code; and to amend and reenact §19-18-1, §19-18-2 and §19-18-3 of said code, all relating generally to livestock; requiring livestock be enclosed by a fence; stating that fences are for grazing and livestock purposes; clarifying procedures to build, maintain and repair partition fences; requiring an adjoining landowner to pay portion of the cost of partition fence; requiring notice; providing an exception for emergency repairs; providing dispute resolution; authorizing the Commissioner of Agriculture to promulgate rules and emergency rules for fences; prohibiting livestock from trespassing; clarifying damages that may be recovered; permitting containment of livestock; requiring owner of trespassing livestock be notified; stating that containment costs may be negotiated and recovered in court; permitting the sheriff to contain unclaimed livestock; permitting unclaimed livestock be sold at auction and proceeds distributed; and establishing misdemeanor penalties”; which was referred to the Committee on Agriculture then the Judiciary.

            A message from the Senate, by

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

            S. B. 407 - “A Bill to amend and reenact §48-18-132 of the Code of West Virginia, 1931, as amended, relating to locating parents for the purpose of establishing paternity, establishing or modifying a support order, enforcing support orders or distributing support; and information required from telephone and cellular telephone companies”; which was referred to the Committee on Health and Human Resources 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

            S. B. 571 - “A Bill to extend the time for the city council of the city of Oceana, Wyoming County, to meet as a levying body for the purpose of presenting to the voters of the city an election to supplement current funds for the city park and pool operation and for the purpose of paying all costs incurred in the laying of this additional levy from between the seventh and twenty-eighth days of March and the third Tuesday in April until May 31, 2013”; which was referred to the Committee on Political Subdivisions then Finance.

Resolutions Introduced

            Delegates J. Nelson, Stowers, Phillips, R., Eldridge, Andes, Armstead, Azinger, Cadle, Campbell, Caputo, Cooper, Cowles, Espinosa, A. Evans, D. Evans, Faircloth, Fleischauer, Folk, Frich, Hamilton, Hamrick, Hartman, Householder, Howell, Ireland, Lynch, Manchin, Marcum, Miller, O’Neal, Pasdon, Paxton, Raines, Romine, Rowan, Shott, Skaff, R. Smith, Sobonya, Storch, Tomblin and Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 95 - “Requesting that bridge number 22-119-0.04 on U.S. Route 119, currently known as the North Pinnacle Rock Bridge, near the Boone County/Lincoln County line, be named the ‘Army PFC Willie P. “Jenkie” Wilson Memorial Bridge’,”

            Whereas, Willie Paul ‘Jenkie’ Wilson was born November 11, 1925, the son of John and Elsie Wilson; and

            Whereas, Willie P. ‘Jenkie’ Wilson was raised and educated in Boone County, West Virginia, and entered the United States Army following school, to answer his country’s call during the time of World War II; and

            Whereas, Army PFC Willie P. ‘Jenkie’ Wilson, serial number 45070215, was assigned to 1st Platoon, Company K, 262nd Regiment, 66th Infantry Division; and

            Whereas, Following training, PFC Wilson was sent to England with his unit to prepare to reinforce troops fighting on the European continent; and

            Whereas, In the early hours of December 24, 1944, PFC Wilson was one of 2,235 men of the U.S. Army’s 66th Infantry Division, the Black Panther division, who began boarding the Belgian troopship Leopold at Pier 38 in Southhampton, England, bound for Cherbourg, France, where the unit was to have been sent to assist with resistance to a German counter offensive at the battle of the Bulge; and

            Whereas, At 6:00 p.m. that evening, Christmas Eve, 1944, German Submarine No. U-486 launched a torpedo which struck and sank the Leopold; and

            Whereas, In the confusion, attempts at rescue by other ships in the area were inadequate, and PFC Wilson was among the 802 persons aboard the Leopold who drowned or died from injuries or hypothermia in the 48 degree waters of the English Channel that night, just five miles off the coast of Cherbourg; and

            Whereas, It is the desire of the Legislature and the people of West Virginia that an enduring memorial to the sacrifice of PFC Wilson be established; therefore, be it

            Resolved by the Legislature of West Virginia:

            That bridge number 22-119-0.04 on U.S. Route 119, currently known as the North Pinnacle Rock Bridge, near the Boone County/Lincoln County line, be named the “Army PFC Willie P. ‘Jenkie’ Wilson Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army PFC Willie P. ‘Jenkie’ Wilson Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to Tanya Buckner, 38 Harmony Lane, Foster, WV 25081.

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

            H. C. R. 96 - “Requesting the Division of Highways to name the bridge previously known as Shoals Bridge, bridge number 50-75-10.66, located on County Route 75 in Shoals, West Virginia, the ‘Army Sgt. Paul Whitman Carroll Memorial Bridge’.”

            Whereas, Paul Whitman Carroll was born on April 25, 1919 in Shoals, West Virginia, where he was raised; and

            Whereas, Paul Whitman Carroll graduated from Buffalo High School where he was president of the Future Farmers of America, played football and ran track; and

            Whereas, Paul Whitman Carroll served in the army as a tank commander during World War II, achieving the rank of Sargent; and

            Whereas, Paul Whitman Carroll was awarded the Purple Heart Medal as well as the European African Middle Eastern Service Ribbon; and

            Whereas, Paul Whitman Carroll was a charter member of the Buffalo Athletic Boosters and was the owner of Carroll’s Grocery in Shoals, West Virginia for over 30 years; and

            Whereas, Paul Whitman Carroll was a member of the Veterans of Foreign Wars Post #9738, Buena Vista Lodge #60 AF & AM, Whites Creek; and

            Whereas, Paul Whitman Carroll retired as Post Master from the Shoals Post Office with 26 years of experience; and

            Whereas, It is fitting that the life and legacy of Paul Whitman Carroll be remembered through the dedication of a bridge in his honor; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is requested to name the bridge previously known as Shoals Bridge, bridge number 50-75-10.66, located on County Route 27 in Shoals, West Virginia, the “Army Sgt. Paul Whitman Carroll 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 “Army Sgt. Paul Whitman Carroll 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 living family of the late Paul Whitman Carroll.

            Delegates Shott, R. Smith, McCuskey, Ashley, Iaquinta, J. Nelson, Miller, Westfall, Sobonya, Frich, Rowan, Ambler, Anderson, Arvon, Azinger, Barill, Barrett, Boggs, Border, Butler, Cadle, Campbell, Canterbury, Caputo, Cooper, Craig, Diserio, Ellington, Espinosa, A. Evans, Ferns, Ferro, Fleischauer, Folk, Gearheart, Guthrie, Hartman, Householder, Howell, Hunt, Ireland, Jones, Lawrence, Longstreth, Lynch, Manypenny, Marcum, Marshall, Miley, Moore, Moye, E. Nelson, Overington, Pasdon, Perdue, Perry, Pethtel, R. Phillips, Pino, D. Poling, Poore, Raines, Reynolds, Skaff, Skinner, P. Smith, Sponaugle, Staggers, Stephens, Storch, Sumner, Swartzmiller, Tomblin, Wells, White and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 97 - “Expressing the sense of the Legislature that designating the annual observance of the week following the Veterans’ Day Holiday as Veterans’ History Week for the State of West Virginia will increase the awareness and understanding of American history and the contributions and sacrifices of our veterans in service to their state and nation and to the advancement of freedom throughout the world.”

            Whereas, According to the West Virginia Veteran’s History Project, over two-hundred and two-thousand West Virginians were veterans; and

            Whereas, West Virginia has the highest number of veterans per capita of any state in the nation; and

            Whereas, That November 11 is recognized nationally and in our State as the Veterans’ Day Holiday; and

            Whereas, By designating the week following the Veterans’ Day Holiday as Veterans’ History Week, students and the public will have the opportunity to learn about the history of the United States and the contributions of our veterans to the struggles which brought about our independence, freed the slaves and preserved the Union, and liberated millions from nazism, fascism and communism and the great contributions that our veterans have made to society and their community in times of peace; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature requests that the week following the Veterans’ Day Holiday be annually designated and observed as Veterans’ History Week for the State of West Virginia; and, be it

            Further Resolved, That in recognition of and to further the purposes of Veterans’ History Week, each public school is encouraged to provide instruction during Veterans’ History Week on veterans’ history including the events and timeliness of the armed conflicts and wars our state and nation have participated in, the contributions and sacrifices of specific veterans and the many contributions made by veterans to their communities following their service; and, be it

            Further Resolved, That school administrators and teachers have flexibility in designing and implementing veterans’ history instruction on these topics by integrating them into the existing school curriculum, holding school assemblies, inviting guest speakers or providing other school activities; and, be it

            Further Resolved, That state institutions of higher education are encouraged to conduct and promote activities that provide education, awareness and understanding of veterans’ history; and, be it

            Further Resolved, That recognized resources for information, materials and speakers regarding veterans’ history that may assist with activities in the observance of Veterans’ History Week include, but are not limited to:

            (1) Veterans organizations;

            (2) Patriotic and descendant organizations;

            (3) West Virginia Humanities Council;

            (4) West Virginia Historical Society;

            (5) West Virginia Division of Culture and History; and

            (6) Any branch of service of the United States military; and, be it

            Further Resolved, That the observance of Veterans’ History Week is not intended to create a burden, financial or otherwise, for public schools, teachers or state institutions of higher education; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor, the State Superintendent of Schools and the respective Chancellors of the Higher Education Policy Commission and the Council for Community and Technical College Education.

            Delegates Guthrie, Reynolds, Manchin, Marshall, Iaquinta, Moye, D. Poling and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 98 - “Requesting the Joint Committee on Government and Finance to study the feasibility of obtaining a waiver of the federal requirement relating to state/federal matching highway funds based on a proposed funding model; and to study the impact of increasing state sales and use tax to twelve percent and exempting food, clothing, prescription medicines, gasoline and special fuels from tax; and designating three percent of sales and use tax revenues to be used for highways and bridges and three percent of the revenues to be used for community and economic development as directed by the Legislature.”

            Whereas, The Legislature recognizes that adequate funding must be sought to maintain and expand the state’s system of highways and bridges, and to provide for economic and community development; and

            Whereas, The Legislature wishes to explore the impact of increasing sales and use taxes, exempting certain classes of goods and services from those increased taxes and dedicating anticipated revenue increases to highways and bridges and economic and community development; and

            Whereas, The reliance of the state on a funding model of dedicating a certain allocation of tax money to roads and bridges may allow the state to gain a waiver of the federal highways matching funds requirements in order to obtain federal funds available for state highway and bridge construction and repair; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study a new funding model which would increase sales and use taxes in West Virginia to twelve percent, exempt food, clothing, prescription medicines, gasoline and special fuels from sales tax; and dedicate three percent of the sales and use tax revenue to be used for highways and bridges and three percent to be used for community and economic development as appropriated by the Legislature; and, be it

            Further Resolved, That the Joint Committee on Government and Finance is also requested to study the possibility of obtaining a waiver from the federal government of the state’s required participation in matching funds in order to obtain federal highway funds, contingent on adopting the proposed funding model; and, be it

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

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

            Delegates Overington, Ambler, Anderson, Arvon, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Ellington, Espinosa, A. Evans, Faircloth, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Miller, E. Nelson, J. Nelson, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Sumner, Walters and Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 99 - “Applying for an Article V Amendments Convention to Propose a Constitutional Amendment permitting a calling of a convention of the states limited to proposing an amendment to the Constitution of the United States requiring that in the absence of a national emergency the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year together with any related and appropriate fiscal restraints.”

            Whereas, Article V of the Constitution of the United States provides authority for a Convention to be called by the Congress of the United States for the purpose of proposing amendments to the Constitution upon application of two thirds of the Legislatures of the several states (“amendments convention”); and

            Whereas, This application is to be considered as covering the same subject matter as the presently outstanding balanced budget applications from other states, including, but not limited to, previously adopted applications from Alabama, Alaska, Arkansas, Colorado, Florida, Indiana, Iowa, Kansas, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Pennsylvania and Texas, and this application shall be aggregated with same for the purpose of attaining the two thirds of states necessary to require the calling of a convention, but shall not be aggregated with any applications on any other subject; and

            Whereas, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the Legislatures of at least two thirds of the several states have made applications on the same subject and supersedes all previous applications by this Legislature on the same subject; therefore, be it

            Resolved by the Legislature of West Virginia:

            That, as provided in Article V of the Constitution of the United States the Legislature of the State of West Virginia herewith respectfully applies for an Amendments Convention to Propose a Constitutional Amendment limited to proposing an amendment to the Constitution of the United States requiring that in the absence of a national emergency the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year together with any related and appropriate fiscal restraints; and, be it

            Further Resolved, That the amendments convention contemplated by this application shall be entirely focused upon and exclusively limited to the subject matter of proposing for ratification an amendment to the Constitution providing that in the absence of a national emergency the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated Federal revenues for that fiscal year together with any related and appropriate fiscal restraints; and, be it

            Further Resolved, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two thirds of the Legislatures of the several states have made application for an equivalently limited amendments convention; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the President of the United States Senate, to the Speaker of the United States House of Representatives, the members of the West Virginia Congressional Delegation, and to the presiding officers of each house of the several state Legislatures, requesting their cooperation in applying for the amendments convention limited to the subject matter contemplated by this application.

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

            By Delegates Manchin, White, Boggs, Caputo and Longstreth:

            H. J. R. 37 – “Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section one-d, relating to authorizing the Legislature to exempt certain property or a portion of its value from ad valorem taxation; authorizing the Legislature to exempt from ad valorem taxation certain tangible personal property; authorizing the Legislature to reduce maximum levy rates on certain tangible personal property as an alternative to exempting such property from ad valorem property taxation; authorizing the Legislature to exempt from ad valorem taxation certain real property; requiring the Legislature to provide for an additional general consumer sales tax at the rate of one cent on the dollar of sales or services, excluding gasoline and special fuel sales; prohibiting any impact on any excess levy in effect at the time an exemption or rate reduction takes effect; authorizing the Legislature to phase in an exemption or rate reduction over a period not to exceed five years on property being taxed at the time an exemption or rate reduction takes effect; 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 Finance.

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

By Delegates White, Manchin, Armstead, Lane, Anderson, Cowles, Reynolds, Perdue, Craig, Miley and Williams:

            H. J. R. 38 – “Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section one-d, relating to authorizing the Legislature to exempt certain property or a portion of its value from ad valorem taxation; authorizing the Legislature to exempt from ad valorem taxation certain tangible personal property; authorizing the Legislature to reduce maximum levy rates on certain tangible personal property as an alternative to exempting such property from ad valorem property taxation; authorizing the Legislature to exempt from ad valorem taxation certain real property; requiring the Legislature to provide measures by which revenues reduced or lost as a result of such exemptions or rate reduction may be replaced; prohibiting any impact on any excess levy in effect at the time an exemption or rate reduction takes effect; authorizing the Legislature to phase in an exemption or rate reduction over a period not to exceed five years on property being taxed at the time an exemption or rate reduction takes effect; 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 Finance.

            Delegates Howell, Faircloth, Butler, Kump, Azinger, Border, Cadle, A. Evans, Folk, Hamrick, J. Nelson, R. Smith, Storch and Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 26 - “Expressing concern of the House of Delegates to the growth of the federal government’s power over the individual states of the United States.”

            Whereas, The State of West Virginia was a part of the Commonwealth of Virginia on December 24, 1798 when the Virginia Resolution of 1798 was adopted by the Virginia Senate; and

            Whereas, West Virginia continues to believe in and support the Virginia Resolution of 1798 that was written by one of our founding fathers, James Madison; and

            Whereas, West Virginia desires to reaffirm the Virginia Resolution of 1798; and

            Whereas, The Virginia Resolution of 1798 reads in full:

            Resolved, That the General Assembly of Virginia, doth unequivocably express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.

            That this assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges all its powers; and that for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them, can alone secure its existence and the public happiness.

            That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

            That the General Assembly doth also express its deep regret, that a spirit has in sundry instances, been manifested by the federal government, to enlarge its powers by forced constructions of the constitutional charter which defines them; and that implications have appeared of a design to expound certain general phrases (which having been copied from the very limited grant of power, in the former articles of confederation were the less liable to be misconstrued) so as to destroy the meaning and effect, of the particular enumeration which necessarily explains and limits the general phrases; and so as to consolidate the states by degrees, into one sovereignty, the obvious tendency and inevitable consequence of which would be, to transform the present republican system of the United States, into an absolute, or at best a mixed monarchy.

            That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the ‘Alien and Sedition Acts’ passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, and which by uniting legislative and judicial powers to those of executive, subverts the general principles of free government; as well as the particular organization, and positive provisions of the federal constitution; and the other of which acts, exercises in like manner, a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by one of the amendments thereto; a power, which more than any other, ought to produce universal alarm, because it is leveled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed, the only effectual guardian of every other right.

            That this state having by its Convention, which ratified the federal Constitution, expressly declared, that among other essential rights, ‘the Liberty of Conscience and of the Press cannot be cancelled, abridged, restrained, or modified by any authority of the United States’, and from its extreme anxiety to guard these rights from every possible attack of sophistry or ambition, having with other states, recommended an amendment for that purpose, which amendment was, in due time, annexed to the Constitution; it would mark a reproachable inconsistency, and criminal degeneracy, if an indifference were now shewn, to the most palpable violation of one of the Rights, thus declared and secured; and to the establishment of a precedent which may be fatal to the other.

            That the good people of this commonwealth, having ever felt, and continuing to feel, the most sincere affection for their brethren of the other states; the truest anxiety for establishing and perpetuating the union of all; and the most scrupulous fidelity to that constitution, which is the pledge of mutual friendship, and the instrument of mutual happiness; the General Assembly doth solemnly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for cooperating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people.

            That the Governor be desired, to transmit a copy of the foregoing Resolutions to the executive authority of each of the other states, with a request that the same may be communicated to the Legislature thereof; and that a copy be furnished to each of the Senators and Representatives representing this state in the Congress of the United States.

            Agreed to by the Senate, December 24, 1798”; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby expresses its concern over the growth of the federal government’s power over the individual states of the United States; and, be it

            Further Resolved, That the House of Delegates acknowledges that the issue of the growth of the federal government’s power over the individual states of the United States is an issue which the citizens of West Virginia are also concerned; and, be it

            Further Resolved, That House of Delegates urges West Virginia’s representatives in Congress be cognizant of the Virginia Resolution of 1798 when reviewing proposed federal legislation; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to each member of West Virginia’s delegation in Congress.

            Delegates Manypenny, Barill, Barrett, Campbell, Caputo, Diserio, Ferro, Fleischauer, Guthrie, Hamilton, Hunt, Iaquinta, Jones, Longstreth, Lynch, Manchin, Marshall, Miley, Moore, Morgan, Paxton, Perdue, Perry, Pethtel, Pino, D. Poling, M. Poling, Poore, Skinner, P. Smith, Sponaugle, Staggers, Stephens, Swartzmiller, Wells and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 27 - “Supporting the protection of the site of the Blair Mountain battle of 1921, in which thousands of coal miners fought for the right to organize to secure decent working conditions and wages in an armed civil uprising second only to the Civil War in scale and significance to the history of West Virginia and the United States.”

            Whereas, West Virginia state history has its deepest historic roots in the struggle for basic human rights and dignity, from the abolitionists and the Underground Railroad to our tradition of sending our citizens off to serve the cause of freedom in our nation’s military; and

            Whereas, In 1921, some ten thousand of our state’s citizens banded together to end repressive conditions that existed in many of our state’s mines by exercising their First Amendment constitutional rights of free speech, assembly, and petition; and

            Whereas, The Armed March that culminated in the Battle of Blair Mountain became the largest civil uprising since the Civil War; and

            Whereas, The March on Blair Mountain and subsequent trials of participants therein had a major impact on the history of the American Labor Movement for decades to follow; and

            Whereas, The March on and Battle of Blair Mountain comprise watershed events in the civil and labor history of West Virginia and of the United States; and

            Whereas, Countless historic artifacts and artillery placements vital to the knowledge and understanding of the historic confrontation at Blair Mountain await discovery, cataloging and interpretation; and

            Whereas, Until recently, the scope and importance of the Battle of Blair Mountain were little known or understood within and beyond our state’s borders; and

            Whereas, Many agencies, groups and professionals concerned with the history and culture of West Virginia and the United States have made multiple attempts to preserve Blair Mountain; and

            Whereas, The boundaries of the nomination of the site of the Battle of Blair Mountain for listing on the National Register of Historic Places are narrowly drawn based on available archeological and historical evidence to protect the most important places; therefore, be it

            Resolved by the House of Delegates:

            That it hereby supports the protection of the site of the Blair Mountain Battle of 1921; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the United States, the Keeper of the National Register of Historic Places, the United States Senate and the United States House of Representatives.

            At the request of Delegate Boggs, and by unanimous consent, it was agreed that the sponsors of H. R. 28 are the same as the sponsors of H. C. R. 88 on unfinished business today.

            Subsequently,

            Delegates Caputo, Mr. Speaker, Mr. Thompson, Ambler, Arvon, Azinger, Barill, Barrett, Boggs, Border, Campbell, Canterbury, Diserio, Eldridge, Ellem, Ellington, A. Evans, D. Evans, Ferns, Ferro, Fleischauer, Folk, Fragale, Frich, Guthrie, Hamilton, Hamrick, Hartman, Hunt, Iaquinta, Jones, Lane, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marcum, Marshall, Miley, Miller, Moore, Morgan, Moye, J. Nelson, Pasdon, Paxton, Perdue, Perry, Pethtel, Phillips, R., Pino, D. Poling, M. Poling, Poore, Raines, Reynolds, Romine, Rowan, Shott, Skaff, Skinner, P. Smith, Sobonya, Sponaugle, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Tomblin, Walker, Wells, Westfall, White, Williams and Young offered the following resolution, which was read by the Clerk:

            H. R. 28 - “Calling upon Patriot Coal to live up to their obligations to active and retired miners, their families and widows.”

            Whereas, The United Mine Workers of America has secured health care and pensions for retired coal miners and widows, through decades of collective bargaining; and

            Whereas, The gains made for working miners as a result of collective bargaining are now being threatened through the use of the bankruptcy proceedings; and

            Whereas, Peabody’s spin-off of Patriot Coal jeopardizes the current collective bargaining agreement for active UMWA members at Patriot operations; and

            Whereas, Peabody’s spin-off of Patriot Coal jeopardizes retiree pensions and health care via Patriot’s bankruptcy action; and

            Whereas, Actions taken by Peabody and Arch to shed themselves of promised health and retirement benefits through corporate schemes could also hurt coal retiree s pensions and health care; and

            Whereas, The loss of promised health care and retirement benefits jeopardizes the health and security of UMWA active, laid off and retired members and their dependants; and

            Whereas, The loss of promised health care and retirement benefits, if not addressed, could push many local communities into a financial crisis; and

            Whereas, All coal field communities have a significant interest in fighting to maintain retiree pensions and health care for our citizens; therefore, be it

            Resolved by the House of Delegates: 

            That the House of Delegates pledges the United Mine Workers of America and its membership to join in the fight to protect and maintain mine workers pensions and health care from assaults by these and other coal operators; and, be it

            Further Resolved, That the House of Delegates calls upon Peabody, Arch and Patriot to live up to their obligations to provide coal miners health care and retirement security; and, be it

            Further Resolved, That the House of Delegates calls upon others to assist in preventing these corporations from stripping from active, laid off, and retired coal miners their contractually-promised lifetime health care benefits.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 28) to a committee was dispensed with, and it was taken up for immediate consideration.

            The question now being on the adoption of the resolution, Delegate Caputo demanded the yeas and nays, which demand was sustained.

            Delegate McCuskey requested to be excused from voting on the adoption of H. R. 28 under the provisions of House Rule 49.

            To the request, the Speaker, following consulation with the Clerk, replied, and refused to excuse the Gentleman from voting.

            The yeas and nays having been ordered, they were taken (Roll No. 68), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Andes, Gearheart, McCuskey and Overington.

            Absent and Not Voting: Canterbury, Fragale and Moore.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 28) adopted.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Petitions

            Delegate Hamrick presented a petition on behalf of his constituents requesting that revisions be made to S. B. 359, Relating generally to reforming public education, to protect all employees; which was referred to the Committee on the Education. 

Bills Introduced

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

By Delegates Boggs, Paxton, Caputo, D. Poling, Hamilton, Diserio, Swartzmiller, White, Ellem, Fleischauer and Mr. Speaker, Mr. Thompson:

            H. B. 3076 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-16-1, §21-16-2 and §21-16-3, all relating to requiring the use of American manufactured goods in the construction, alteration or repair of public buildings and public works; definitions”; to the Committee on the Judiciary then Finance.

By Delegates Shott, McCuskey and Sponaugle:

            H. B. 3077 – “A Bill to repeal §44-2-2 and §44-2-3 of the Code of West Virginia, 1931, as amended, and to amend and reenact §44-1-14a of said code, relating to the publication requirements of the administration of estates”; to the Committee on the Judiciary then Finance.

By Delegates Shott, Ellington, E. Nelson, Gearheart, Lane, Canterbury, J. Nelson and Armstead:

            H. B. 3078 – “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to raising the maximum personal income tax exemption for persons over the age of sixty-five and for persons who are totally disabled, for the next three years”; to the Committee on Senior Citizen Issues then Finance.

By Delegates Craig, Ashley, Skaff, Pasdon, Miley and Morgan:

            H. B. 3079 – “A Bill to amend and reenact §55-10-1, §55-10-2, §55-10-3, §55-10-4, §55-10-5, §55-10-6, §55-10-7 and §55-10-8 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto twenty-four new sections, designated §55-10-9, §55-10-10, §55-10-11, §55-10-12, §55-10-13, §55-10-14, §55-10-15, §55-10-16, §55-10-17, §55-10-18, §55-10-19, §55-10-20, §55-10-21, §55-10-22, §55-10-23, §55-10-24, §55-10-25, §55-10-26, §55-10-27, §55-10-28, §55-10-29, §55-10-30, §55-10-31 and §55-10-32, all relating generally to arbitration; defining terms; defining notice under the article; defining when article applies; proscribing the effect of agreements to arbitrate and defining nonwaivable provisions; allowing for application for judicial relief under the article; making an agreement to arbitrate valid unless a legal or equitable reason for revocation exists; providing for the terms by which arbitration may continue if challenged; providing for the process for motions to compel or stay arbitration; providing for provisional remedies to protect the effectiveness of arbitration proceedings; providing the process for initiation of arbitration; providing for the consolidation of separate arbitration proceedings; providing for the appointment of an arbitrator and default process if not agreed by the parties; requiring neutrality of arbitrators; requiring disclosure by arbitrators of matters affecting impartiality; requiring a majority of arbitrators to agree to exercise powers; providing immunity for arbitrators, requiring competency to testify, and providing for attorneys fees and costs for challenges from which arbitrators are immune; providing the general process for arbitration; allowing parties to be represented by a lawyer in arbitrations; outlining the procedure for witnesses, subpoenas, depositions and discovery in arbitrations; providing for judicial enforcement of preaward ruling by arbitrator; providing for a record of an award and the requirements for an award; allowing the change of an award by an arbitrator upon motion under certain conditions; providing that certain remedies and the fees and costs of arbitration may be a part of an arbitration award; allowing for confirmation by a court of an award upon motion; providing the process and grounds for vacating an award by a court; providing the process and grounds for the modification or correction of an award upon motion; providing that a court shall enter a judgment upon confirmation of an award and may add reasonable attorneys fees and costs; providing for jurisdiction over arbitration agreements by a court of this state; providing venue; providing that appeals may be taken from orders related to arbitration proceedings; requiring uniform construction of the act; providing that this act complies with the Electronic Signatures in Global and National Commerce Act; and providing the effective date of the act”; to the Committee on the Judiciary.

By Delegates Manypenny, Skinner, Barrett, Longstreth, Diserio, Wells, Sponaugle, Manchin and Fleischauer:

            H. B. 3080 – “A Bill to amend and reenact §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6 and §24-2F-10 of the Code of West Virginia, 1931, as amended, all relating to alternative and renewable energy portfolio standards; defining terms; establishing standards for the sale of electricity generated from solar renewable energy resources; providing for compliance assessments; creating a system of tradable solar renewable energy resource credits; providing for the awarding of solar renewable energy resource credits based upon electricity generated or purchased from solar renewable energy resource facilities; and establishing a distributed solar renewable energy requirement”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.

By Delegates Frich, Householder, Ellington, Shott, Pasdon and Barill:

            H. B. 3081 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to preventing taxpayer subsidization of health insurance covering elective abortions; prohibiting all qualified health plans offered through a state exchange from including abortion coverage except to prevent the death of the mother; and preventing all other health plans, including health insurance contracts, plans or policies, offered outside of the exchange, but within the state, from providing coverage for elective abortions except by optional separate supplemental coverage for abortion”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Householder, Cooper, Border, Cadle, J. Nelson, Sobonya, Frich, Andes and Gearheart:

            H. B. 3082 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1A-6, relating to providing a limit on consulting fees”; to the Committee on Government Organization then Finance.

By Delegates E. Nelson, Storch, McCuskey, Walters, D. Evans, Andes, Gearheart, Ellington and Shott:

            H. B. 3083 – “A Bill to amend and reenact §5-10-2 of the Code of West Virginia, 1931, as amended, relating to definitions used in the Public Employees Retirement System; redefining the term final average salary for new enrollees to the average salary received in the highest ten years of service, rather than the current three”; to the Committee on Pensions and Retirement then Finance.

By Delegates Barrett, Skinner, Sponaugle and Caputo:

            H. B. 3084 – “A Bill to amend and reenact §19-23-13b of the Code of West Virginia, 1931, as amended, relating to restricted races at pari-mutuel thoroughbred horse race tracks; permitting up to two restricted races if there are at least seven single betting interests; permitting a third restricted race if there are at least nine single betting interests; and eliminating a provision concerning if less than seventy-five percent of the restricted races fail to receive enough entries to race”; to the Committee on the Judiciary then Finance.

By Delegates Manchin, Caputo, Longstreth, Diserio, D. Poling, Poore, Wells, Manypenny and M. Poling:

            H. B. 3085 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-1-3a, relating to requiring persons engaged in natural gas horizontal well drilling activities to annually submit a report to the Department of Labor identifying the state of residency of the individuals who perform the well drilling work”; to the Committee on Government Organization then the Judiciary.

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

            [By Request of the Executive]:

            H. B. 3086 – “A Bill to amend and reenact §25-1-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §28-3-23, all relating to juvenile services and criminal justice institutions; renaming the Industrial Home for Youth as the Salem Correctional Center; transferring control of the Salem Correctional Center from the Division of Juvenile Services to the Division of Corrections; authorizing the Parkersburg Correctional Center and listing it and the Salem Correctional Center among the institutions managed by the Division of Corrections”; to the Committee on the Judiciary.

By Delegates Poore, Sobonya, Skinner, Morgan, Moye, D. Poling, Campbell, Hartman, Guthrie, Ellem and Miller:

            H. B. 3087 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated, §25-8-1, relating to authorizing the Division of Corrections to implement a responsible parent program pilot project; setting forth requirements to participate in the program; setting forth program goals; and requiring a report”; to the Committee on the Judiciary then Finance.

By Delegate Manchin:

            H. B. 3088 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-3-18, relating to prohibiting healthcare providers from discriminating against or refusing treatment of a patient regardless of how that person was injured or became ill”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Perdue, Manypenny, Fleischauer, Guthrie and D. Poling:

            H. B. 3089 – “A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-1-3 of said code, all relating to requiring the Commissioner of the Bureau for Public Health to conduct a public health impact statement assessing the health impact of any new, or modification to, air or water rule proposed by the Secretary of the Department of Environmental Protection; and requiring the Secretary of the Department of Environmental Protection to incorporate findings of the impact statement into the proposed rule”; to the Committee on Health and Human Resources then Finance.

By Delegates Boggs, Williams, Hamilton, Caputo, A. Evans, Eldridge and Manchin:

            H. B. 3090 – “A Bill to amend and reenact §5A-6-4a of the Code of West Virginia, 1931, as amended, relating to duties of the Chief Technology Officer with regard to security of government information; adding the Division of Protective Services and the West Virginia Intelligence/Fusion Center to the list of agencies to which this section does not apply; adding the Treasurer to the list of officers whose responsibilities are not infringed upon by this section; and making technical corrections”; to the Committee on Government Organization then the Judiciary.

By Delegates Espinosa, Householder, Storch, Pasdon, Walters, McCuskey and Howell:

            H. B. 3091 – “A Bill to amend and reenact §19-23-13b of the Code of West Virginia, 1931, as amended, relating to restricted races at pari-mutuel thoroughbred horse race tracks; permitting up to two restricted races if there are at least seven single betting interests; permitting a third restricted race if there are at least nine single betting interests; and eliminating a provision concerning if less than seventy-five percent of the restricted races fail to receive enough entries to race”; to the Committee on the Judiciary then Finance.

By Delegates Sobonya, Westfall and Rowan:

            H. B. 3092 – “A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to terminating the Municipal Home Rule Pilot Program on the date of passage; prohibiting municipalities and metro governments from enacting ordinances, acts, resolutions, rules or laws based on the authority of the Municipal Home Rule Pilot Program; providing an exception; terminating all local laws and ordinances that were enacted pursuant to the pilot program that are contrary to federal or state constitutions, federal law or certain chapters of the state code; and requiring all information associated with the pilot program be submitted to the Legislature by July 1, 2013”; to the Committee on Government Organization.

By Delegates D. Poling, Boggs, Ferro, Diserio, Swartzmiller, Hamilton, Morgan and Caputo:

            H. B. 3093 – “A Bill to amend and reenact §17-4-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-17-7, §17-17-16 and §17-17-17, all relating to certification requirements for applicators who paint state bridges”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Sobonya, Westfall, J. Nelson, Miller, Frich, Border and Rowan:

            H. B. 3094 – “A Bill to amend and reenact §62-11D-3 of the Code of West Virginia, 1931, as amended, relating to subjecting persons convicted of sexual crimes against a minor to GPolitical Subdivisions monitoring for the duration of their lives”; to the Committee on the Judiciary then Finance.

By Delegates Sobonya, Frich, Westfall, J. Nelson, Miller, Border and Raines:

            H. B. 3095 – “A Bill to amend and reenact §20-5-18 and §20-5-19 of the Code of West Virginia, 1931, as amended, all relating to discounts at state parks for elderly and disabled persons; and providing that the fifty percent reduction for state park campground rental fees for elderly and disabled persons is applicable throughout the year”; to the Committee on Natural Resources then Finance.

By Delegate Campbell:

            H. B. 3096 - “A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to increasing the compensation caps for secretary-clerks and case coordinators in the family court system and to provide that across the board increases given to other state employees are also given to the secretary-clerks and case coordinators in addition to the capped amounts”; to the Committee on the Judiciary then Finance.

By Delegates Craig, Hunt, Marcum, R. Phillips and Williams:

            H. B. 3097 – “A Bill to amend and reenact §11-13Q-3, §11-13Q-7 and §11-13Q-19 of the Code of West Virginia, 1931, as amended, all relating to entitling natural resource producers to the economic opportunity tax credit and allowing the credit to be used to offset the severance tax”; to the Committee on the Judiciary then Finance.

By Delegates Manchin, Skinner, Poore, Hunt, Wells, Pino, Marcum, Moore, Caputo and Longstreth:

            H. B. 3098 – “A Bill to amend and reenact §31D-1-150 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §31D-7-740 and §31D-7-741; to amend said code by adding thereto a new section, designated §31D-8-834; to amend said code by adding thereto a new section, designated §31D-15-1540; and to amend said code by adding thereto a new section, designated §31D-16-1621, all relating to the accountability of a corporation s political activities; defining additional terms; requiring annual authorization and approval by a majority of shareholders for corporations spending a yearly aggregate of $10,000 or more for political activities in this state; providing for director liability for spending without proper authorization; requiring disclosure of corporate political activities to shareholders and the public; and applying these new requirements to foreign corporations”; to the Committee on the Judiciary.

By Delegates Arvon, Border, Householder, Ellington, Gearheart, Miller, Staggers, Longstreth, Moye, Raines and Butler:

            H. B. 3099 – “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §5-16-7f; and to amend and reenact §33-15-4e of said code; and to amend said code by adding thereto a new section, designated §33-16-3w; and to amend said code by adding thereto a new section, designated §33-24-7i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating to insurance; requiring the Public Employees Insurance Agency to provide optional maternity and pediatric benefits to dependent mothers covered under the article; requiring insurers offering accident and sickness insurance to provide the same benefits; requiring insurers offering group accident and sickness insurance to provide the same coverage; requiring hospital, medical, dental and health service corporations offering plans to provide the same coverage; and requiring health maintenance organizations offering plans to provide the same coverage”; to the Committee on the Judiciary then Finance.

By Delegates Boggs, Manypenny, Fleischauer, Caputo and Longstreth:

            H. B. 3100 – “A Bill to amend and reenact §24A-5-5 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum amounts of insurance necessary for commercial motor carriers in the state”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Ferro, Reynolds, Storch and Walters:

            H. B. 3101 – “A Bill to amend and reenact §36B-1-103, §36B-1-104, §36B-1-108, §36B-1-201, §36B-1-203 and §36B-1-204 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §36B-1-115, §36B-1-116 and §36B-1-208; to amend and reenact §36B-2-109, §36B-2-112, §36B-2-116, §36B-2-117 and §36B-2-119 of said code; to amend said code by adding thereto two new sections, designated §36B-2-123 and §36B-2-124; to amend and reenact §36B-3-102, §36B-3-103, §36B-3-105, §36B-3-106, §36B-3-108, §36B-3-110, §36B-3-112, §36B-3-116 and §36B-3-118 of said code; to amend said code by adding thereto five new sections, designated §36B-3-120, §36B-3-121, §36B-3-122, §36B-3-123 and §36B-3-124; and to amend and reenact §36B-4-103, §36B-4-109, §36B-4-112, §36B-4-116 and §36B-4-117 of said code, all relating to updating the Uniform Common Interest Ownership Act; and providing for applicability of the chapter”; to the Committee on the Judiciary.

By Delegates Manchin, Skinner, Young, Tomblin, Barrett, Lynch, Fleischauer, Lawrence, Miley, Caputo and Longstreth:

            H. B. 3102 – “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 Sobonya, Westfall, J. Nelson, Miller, Frich and Border:

            H. B. 3103 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to making it illegal to transport a minor across state lines to obtain an abortion without written consent of both parents or legal guardians; and providing a penalty”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates M. Poling and Stowers:

            H. B. 3104 – “A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing certain legislative rules regarding higher education; authorizing legislative rules for the Higher Education Policy Commission regarding authorization of degree granting institutions and human resources administration; and authorizing legislative rules for the Council for Community and Technical College Education regarding authorization of degree granting institutions and human resources administration”; to the Committee on Education.

By Delegates Guthrie, Perdue, Williams, Iaquinta, Poore and Marshall:

            H. B. 3105 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-2a, relating to granting all public employees a $1,000 per year permanent pay increase”; to the Committee on Finance.

By Delegates Armstead, Cowles, Lane, Sobonya, Ellem, Reynolds, Anderson and Raines:

            H. B. 3106 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-3-6, relating to prohibiting the Attorney General from placing his or her name or likeness on trinkets purchased with public moneys, and on public advertising purchased with public moneys during an election period”; to the Committee on the Judiciary then Finance.

By Delegate Lane:

            H. B. 3107 – “A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-10 of said code; to amend said code by adding thereto a new section, designated §5-1A-6; and to amend and reenact §17B-2-1 of said code, all relating to voting procedures; requiring a voter to present an identifying document issued either by the State of West Virginia or the United States Government that contains the name, address and a photograph of the person desiring to vote which the poll clerk must inspect and confirm that the name on the document conforms to the name in the individual s voter registration record and that the image displayed is truly an image of the person presenting the document; permitting the casting of a provisional ballot by a person without adequate proof of identification if the voter executes an affidavit; permitting the provisional ballot to be counted if certain conditions are met; providing that certain funds be made available; requiring identification photos to be taken by certain spending units; accessing databases; exempting voters who vote in person at a precinct polling place that is located at a state licensed care facility where the voters are residents; county clerks being the custodian of vote-recording devices, tabulating equipment and electronic poll books; duties; requirements and specifications for electronic poll books; permitting the Division of Motor Vehicles to issue, at no charge, identification cards to persons who will be at least eighteen years of age at the next general, municipal or special election and intends to use the identification card as a form of identification for voting; and providing criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Campbell, Ellington, Morgan and Perdue:

            H. B. 3108 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5C-21, relating generally to nursing homes; requiring a professional licensee applying for work or working in a nursing home to meet the criminal background check standard to obtain licensure to work in a nursing home”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Azinger, A. Evans, Romine and Faircloth:

            H. B. 3109 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-7-14, relating to prohibiting a person from driving in the passing lane of a highway when not passing another vehicle under certain circumstances; and providing a criminal penalty for violators”; to the Committee on Roads and Transportation then the Judiciary.

By Delegate Armstead:

            H. B. 3110 – “A Bill to amend and reenact §5-3-3 and §5-3-4 of the Code of West Virginia, 1931, as amended, all relating to clarifying the powers of the Attorney General to enter into contracts for legal services with attorneys outside the Attorney General s Office”; to the Committee on the Judiciary then Finance.

By Delegates Guthrie, Wells, Poore, Skaff, Walters, Romine, Armstead, E. Nelson, McCuskey, Raines and Hunt:

            H. B. 3111 – “A Bill to amend and reenact §18-9A-11 of the Code of West Virginia, 1931, as amended, relating to computing local share of public education support; finding the benefit of public libraries as a part of the system of public education; and providing for equal treatment of county boards of education in funding public libraries as a part of the system of public education”; to the Committee on Education then Finance.

By Delegates Raines, Lane, Miley, Overington and Poore:

            H. B. 3112 – “A Bill to amend and reenact §14-2A-3, §14-2A-9 and §14-2A-12 of the Code of West Virginia, 1931, as amended, all relating to compensation awards to victims of crimes; increasing the amount of victim relocation costs; permitting a victim s reasonable travels costs to attend probation hearings of the offender; redefining a term; permitting the Court of Claims to hire more than two claim investigators; and permitting claim investigators to acquire autopsy reports, including toxicology results, from the State Medical Examiner”; to the Committee on the Judiciary then Finance.

By Delegate Perdue:

            H. B. 3113 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-4a, relating to establishing a process to determine the validity of an application for a medical exemption for compulsory immunization of school children by a public health official”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Miley, Armstead, Boggs, Ellem, Fleischauer, Lane, D. Poling, Ireland, Manchin, Sobonya and Moye:

            H. B. 3114 – “A Bill to amend and reenact §29B-1-2 and §29B-1-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §29B-1-3a; and to amend and reenact §29B-1-4 of said code, all relating to the Freedom of Information Act; redefining the term public record ; establishing reporting of actions taken to Secretary of State; directing Secretary of State to establish web site of FOIA responses; and revising the exemption for communications received or prepared by any public body”; to the Committee on the Judiciary then Finance.

By Delegates Shott, Ellington, Sumner, Gearheart, Hamrick, Moore, Ellem and J. Nelson:

            H. B. 3115 – “A Bill to amend and reenact §24-1-1 of the Code of West Virginia, 1931, as amended, relating to requiring the Public Service Commission to include additional information in its annual report to the Joint Committee on Government and Finance; and setting forth what additional information is to be included in that report”; to the Committee on Government Organization then Finance.

By Delegates Manchin, Shott, Poore, Ellem, Hunt, Marcum, Skinner, Sponaugle, Fleischauer and Ferro:

            H. B. 3116 – “A Bill to amend and reenact §16-29-1 and §16-29-2 of the Code of West Virginia, 1931, as amended, all relating to reimbursement for copies of medical records; copies of medical records in electronic format; and limiting the reimbursement fee for electronic records”; to the Committee on Health and Human Resources.

By Delegate Manchin:

            H. B. 3117 – “A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §3-1-51; and to amend and reenact §17B-2-1 of said code, all relating to voter photo identification; types of acceptable photo identification; authorization of the execution of voter identity affidavits for qualified voters without photo identification; procedure for the execution of voter identity affidavit; recording voter identity affidavits; authorizing the Secretary of State to propose for promulgation necessary rules; procedures to verify the identity of voters executing voter identity affidavit; providing for the issuance of identification cards; and requiring the state to provide the identification cards without charge to any qualified voter”; to the Committee on the Judiciary then Finance.

By Delegate Manypenny:

            H. B. 3118 – “A Bill to amend and reenact §62-3-13 of the Code of West Virginia, 1931, as amended, relating to requiring a change of venue in all criminal matters for which the sentence could be life without mercy and to allow for appeals by current inmates who are serving a life without mercy charge and for whom no change of venue motion was made or granted”; to the Committee on the Judiciary then Finance.

By Delegate Howell:

            H. B. 3119 – “A Bill to amend and reenact §29-22B-1202 of the Code of West Virginia, 1931, as amended, relating to video lottery; permitting certain establishments within one hundred fifty feet of a bar with video lottery to also have video lottery”; to the Committee on the Judiciary then Finance.

By Delegates Howell, Espinosa, Folk, Miller, D. Evans and Westfall:

            H. B. 3120 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-5h, relating to taking fish and game by proxy; permitting a resident holding a valid hunting or fishing license to take fish or game on behalf of a person who is sixty-five years of age or older, or a person who is blind or has other physical disabilities; penalty; and rules”; to the Committee on Natural Resources then the Judiciary.

By Delegates Cowles, Folk and Azinger:

            H. B. 3121 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §44-10A-1, §44-10A-2, §44-10A-3, §44-10A-4 and §44-10A-5, all relating to the codification of a Parents Bill of Rights”; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Butler:

            H. B. 3122 – “A Bill to amend and reenact §33-20-17 of the Code of West Virginia, 1931, as amended, relating to requiring insurers to provide the same fire insurance coverage and rates for dwellings that are sectional homes on permanent foundations as is provided for permanent dwellings that are improvements to real estate”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates L. Phillips:

            H. B. 3123 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-30-4b; and to amend and reenact §39B-1-105 and §39B-1-114 of said code, all relating to enhancing protections of the principal under a medical power of attorney and power of attorney; requiring that named agent under a medical power of attorney and a power of attorney provide thirty day notice to the children and spouse of the principal during which time the medical power of attorney and power of attorney is temporary and agency limited to necessary acts; requiring that medical power of attorney and power of attorney be filed in the county clerk s office of the principal s residence; requiring that copy of medical power of attorney and power of attorney be provided to the principal s children and spouse; requiring that financial statements be provided to children and spouse of principal every six months; requiring that accounts of the principal be maintained separate from accounts of agent and those with whom the agent is familiar; and creating crime and penalty”; to the Committee on the Judiciary then Finance.

By Delegates R. Phillips, Ferro, Craig, Ashley and Howell:

            H. B. 3124 – “A Bill to amend and reenact §7-1-3v of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §7-1-3pp, all relating to floodplain and mudslide area management; and requiring the State Coordinator of the National Flood Insurance Program to review proposed building codes, or amendments to an existing building code, and establish a system of permit fees for applications for projects within any specified area or areas of a county or municipality which has enacted a building code”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Raines, Arvon, Border, Ferns, E. Nelson, Pasdon and Reynolds:

            H. B. 3125 – “A Bill to repeal §30-27-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-27-3, §30-27-8, §30-27-11 and §30-27-12 of said code; and to amend and reenact §30-37-7 of said code, all relating to the Board of Barbers and Cosmetologists; licensing schools of aesthetics, barbering, cosmetology, manicuring and massage; transferring authority to approve licensure for certain schools; providing requirements for professional licensing, license renewal and work permits; and establishing certain student registration requirements”; to the Committee on Government Organization then Education.

By Delegates Miley and Manchin:

            H. B. 3126 – “A Bill to amend and reenact §28-5-27 of the Code of West Virginia, 1931, as amended, relating to providing encouragement to inmates to complete education and treatment programs and to reward extra meritorious service of inmates, both through the award of good time days”; to the Committee on the Judiciary then Finance.

By Delegates Armstead, Anderson, Frich, Border, Faircloth, Espinosa, Shott, Ambler, Overington and Ellington:

            H. B. 3127 – “A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing discounted motor vehicle registration fees for members of volunteer fire departments”; to the Committee on Roads and Transportation then Finance.

By Delegates Armstead, Shott, Sumner, Espinosa, Rowan, Cooper, Border, Arvon, Frich, Householder and Overington:

            H. B. 3128 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-5h, relating to directing the State Board of Education to determine which principal and teacher reports are unnecessary; and requiring the state board to submit a report to the Legislature identifying those reports with recommendations on how to lessen the administrative burden on principals and teachers”; to the Committee on Education.

By Delegate Walters:

            H. B. 3129 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-9-1, §4-9-2 and §4-9-3, all relating to creation of the Verifiable Science Act; and providing for access by the public to any purported scientific data or other information used as the basis for proposed legislative rules or statutory enactments”; to the Committee on Government Organization then Finance.

By Delegates Armstead, O Neal, Pasdon, Ellington, Miller, Lane, Howell, Arvon and Andes:

            H. B. 3130 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9 and §51-1B-10, all relating to authorizing a new court to be known as the Intermediate Court of Appeals; setting forth the structure and duties of the court and its staff; establishing jurisdiction; and providing for salaries”; to the Committee on the Judiciary then Finance.

By Delegates Overington, Householder and R. Smith:

            H. B. 3131 – “A Bill to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as amended, relating to providing that all persons have the right to be free from violence without regard to the motivation behind the violence; and deleting specified criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegate Manypenny:

            H. B. 3132 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-6, relating to creating the offense of sexual battery; and providing a criminal penalty”; to the Committee on the Judiciary then Finance.

By Delegate Campbell:

            H. B. 3133 – “A Bill to amend and reenact §3-3-1 of the Code of West Virginia, 1931, as amended, relating to voting by absentees; permitting absentee voting by nonresident taxpayers on school levy or school bond proposals; and providing responsibilities of county boards of education with regard to the elections”; to the Committee on Education then the Judiciary.

By Delegates Poore, Moore, Guthrie, Marshall, Skinner, Pasdon, Raines, Caputo, Eldridge, Stephens and Swartzmiller:

            H. B. 3134 – “A Bill to amend and reenact §30-27-1, §30-27-3, §30-27-8 and §30-27-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-27-11b, all relating to the Board of Barbers and Cosmetologists; defining hair braiding ; legislative findings; authorizing the board to issue hair braiding permits; and authorizing hair braiding permit holders to practice individually”; to the Committee on Government Organization.

By Delegates Marcum, R. Phillips, Sponaugle, Manypenny, Longstreth and Skinner

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

            H. B. 3135 – “A Bill to amend and reenact §3-4A-2, §3-4A-8, §3-4A-23 and §3-4A-27 of the Code of West Virginia, 1931, as amended, all relating generally to voting system certification and procedures at the central counting center; updating and clarifying the definitions related to electronic voting systems; updating language related to approval of electronic voting systems; correcting internal references; updating and clarifying language related to proceedings at the central counting center”; to the Committee on the Judiciary.

By Delegates Reynolds, Moye, Craig, Iaquinta, Sobonya, Pethtel, Eldridge, McCuskey, Rowan, Arvon and Cowles:

            H. B. 3136 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to preventing taxpayer subsidization of health insurance covering elective abortions; prohibiting all qualified health plans offered through a state exchange from including abortion coverage except to prevent the death of the mother; and preventing all other health plans, including health insurance contracts, plans or policies, offered outside of the exchange, but within the state, from providing coverage for elective abortions except by optional separate supplemental coverage for abortion”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Morgan, Reynolds and Eldridge:

            H. B. 3137 – “A Bill to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to criminal background checks for applicants for home inspectors”; to the Committee on the Judiciary.

By Delegate Perdue:

            H. B. 3138 – “A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as amended, relating generally to raising the excise tax on cigarettes and all other tobacco products; and establishing a special revenue account dedicating half the proceeds from the increased excise tax to certain health related issues and the other half to the General Revenue Fund”; to the Committee on Health and Human Resources then Finance.

By Delegates Sponaugle, R. Phillips, Manypenny and Longstreth

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

            H. B. 3139 – “A Bill to amend and reenact §3-1A-8 of the Code of West Virginia, 1931, as amended, relating to authorizing qualified investigators employed by the Secretary of State to carry a firearm and concealed weapon”; to the Committee on the Judiciary.

By Delegate E. Nelson:

            H. B. 3140 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-4-8a, relating to change in assessment, classification and tax of real property classified as Class III or IV transferred to persons to be used and occupied by the owner thereof exclusively for residential purposes; providing a procedure to revise the assessment, classification and taxation of the property to be effective at the time of transfer, for the tax year in which the property was transferred”; to the Committee on the Judiciary then Finance.

By Delegates Skaff, McCuskey, Sponaugle, Stowers and R. Phillips:

            H. B. 3141 – “A Bill to amend and reenact §11-16-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3A-28 of said code; to amend and reenact §60-7-13a of said code; and to amend and reenact §60-8-18 of said code, all relating to providing consistency for the location of the Alcohol Beverage Control Administration s appeal hearings; and providing that appeals from the commissioner s decision are to be brought in the circuit court of Kanawha County”; to the Committee on the Judiciary.

By Delegate Gearheart:

            H. B. 3142 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-12-12b; and to amend and reenact §62-12-13, all relating to eligibility for release on parole of inmates in regional jails that have been committed to prison; establishing a program to expedite the provision of all services, treatment, evaluations, assessments and programs, including a written parole release plan, to be eligible for parole; providing various methods to provide components of the program at regional jails; providing payment of costs for the program; and revising eligibility requirements for parole”; to the Committee on the Judiciary then Finance.

By Delegate Manchin:

            H. B. 3143 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-8b, relating to creating an environmental awareness program in the West Virginia School system to educate students regarding recycling”; to the Committee on Education then Finance.

By Delegate Westfall:

            H. B. 3144 – “A Bill to amend and reenact §16-13-18 of the Code of West Virginia, 1931, as amended, relating to supervision of works by a sanitary board; providing that if a professional engineer is under contract for a project, an engineer is not required to serve on the sanitary board”; to the Committee on Government Organization then the Judiciary.

By Delegates Miley, Manchin, Ferro, Wells and Skinner:

            H. B. 3145 – “A Bill to amend and reenact §11-16-9 of the Code of West Virginia, 1931, as amended, relating to sales of nonintoxicating beer; and removing the existing maximum quantities of beer that retailers can sell for off premises consumption”; to the Committee on the Judiciary then Finance.

By Delegates Ellington, Rowan, Shott, Sobonya, Arvon, Ireland, Gearheart, Overington and Faircloth:

            H. B. 3146 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6, relating to implementing drug testing for recipients of federal-state and state assistance”; to the Committee on the Judiciary then Finance.

By Delegates Ellington, Gearheart and Shott:

            H. B. 3147 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §9-5-22; and to amend said code by adding thereto a new section, designated §33-16-3w, all relating to requiring health insurance coverage for eosinophilic disorders; requiring the Public Employees Insurance Agency to provide coverage for eosinophilic disorders; requiring group accident and sickness insurance to provide coverage for eosinophilic disorders; and requiring the state Medicaid program to provide coverage for eosinophilic disorders”; to the Committee on Health and Human Resources then Finance.

By Delegates Moye, Staggers, A. Evans, Azinger, Guthrie, Perry and Perdue:

            H. B. 3148 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-15A-1, §20-15A-2, §20-15A-3, §20-15A-4, §20-15A-5 and §20-15A-6, all relating to creating the ATV and UTV Recreation Act ; legislative findings concerning trail-oriented recreation for off-highway vehicle enthusiasts; definitions; required equipment, off-highway use permits, and the registration of all-terrain vehicles or utility-terrain vehicles on roads and trails on public lands, old timber roads and other limited use roads, including national forests; authorizing the Director of the Division of Natural Resources to propose rules to implement the article; the Commissioner of Motor Vehicles is responsible for licensing of the vehicles; duties and liabilities of licensees; and use of fees generated by article”; to the Committee on Roads and Transportation then Finance.

By Delegates Sobonya, J. Nelson, Miller, Westfall, Frich, Rowan, Shott, Folk, Espinosa, Howell and Hamrick:

            H. B. 3149 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-1b, relating to requiring the Commissioner of Corrections to keep a record of repeat offenses committed by persons convicted of sexual offenses against children; setting forth minimum requirements; and authorizing rule-making”; to the Committee on Government Organization then the Judiciary.

By Delegates Shott, Householder, Gearheart, Howell, Ellington, Azinger, Ellem and Overington:

            H. B. 3150 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-10d, relating generally to purchasing; defining terms; prohibiting the award and renewal of contracts worth over $2 million to vendors owned in whole or in party by state officials or by family members of state officials; requiring an affidavit of compliance with this section to accompany bids, contract proposals and contracts with the state; and providing for Ethics Commission review and approval of exceptions to this prohibition”; to the Committee on Government Organization then the Judiciary.

By Delegate Manchin:

            H. B. 3151 – “A Bill to amend and reenact §22C-9-1, §22C-9-2, §22C-9-3 and §22C-9-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22C-9-7a, all relating to generally oil and gas conservation; providing for the integration of interests in drilling units in connection with horizontal shallow oil or gas wells; setting forth application requirements; establishing the standard of review; providing for integration orders; requiring notice and timeliness; providing for hearings; addressing oil and gas produced from horizontal wells, vertical shallow wells and unconventional reservoirs; adding new definitions; and modifying existing definitions”; to the Committee on the Judiciary.

By Delegate Storch:

            H. B. 3152 – “A Bill to amend and reenact §17C-5-4, §17C-5-5, §17C-5-6 and §17C-5-8 of the Code of West Virginia, 1931, as amended, all relating to the criminal offense of driving a motor vehicle in this state under the influence of alcohol, controlled substances or drugs; establishing implied consent by drivers to a secondary test of his or her blood or urine to determine the presence and level of controlled substances or other drugs; providing for arrest by a law-enforcement officer after a preliminary breath test to determine a person s blood alcohol content in certain instances; establishing procedure to obtain blood for the purpose of determining the presence and level of controlled substances or other drugs; evidentiary use of results of tests of blood or urine for the presence and level of controlled substances or other drugs; and establishing prima facie evidence that a person is under the influence of a controlled substance or other drug”; to the Committee on the Judiciary then Finance.

By Delegate Manypenny:

            H. B. 3153 – “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §22-15B-1 and §22-15B-2, all relating to retailer electronic waste collection; definitions; and the responsibilities of retailers engaged in the sale of covered electronic equipment”; to the Committee on the Judiciary then Finance.

By Delegates Manypenny, Fleischauer, Manchin, Sponaugle and Kump:

            H. B. 3154 – “A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to the expungement of certain felony convictions; setting forth the conditions; establishing a procedure; creating exceptions; and establishing its effect”; to the Committee on the Judiciary then Finance.

By Delegates Sobonya, Westfall, Faircloth, Border, Raines, Arvon, Ashley, R. Smith, Sumner, Rowan and Householder:

            H. B. 3155 – “A Bill to amend and reenact §16-2D-6 of the Code of West Virginia, 1931, as amended, relating to certificate of need; and establishing a definition of no significant additional fiscal burden in the minimum criteria for certificate of need reviews when an application is made by a hospital, nursing home or other health care facility to provide ventilator services which have not previously been provided for a nursing facility bed”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates D. Poling, Caputo, Manypenny and Walker:

            H. B. 3156 – “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §21-1A-9, relating to granting a labor organization or an agent of a labor organization a privilege from being compelled to disclose any communication or information the labor organization or agent received or acquired in confidence from an employee while the labor organization or agent was acting in a representative capacity concerning an employee grievance; providing exceptions; and definitions”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

Special Calendar

Unfinished Business

            The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

            Com. Sub. for H. C. R. 53, The “Oral Gene Castle Bridge”,

            H. C. R. 66, The “PFC Casey West Memorial Bridge, United States Navy”,

            H. C. R. 76, The “John W. Pyles Bridge”,

            And,

            H. C. R. 80, Urging the US Congress to move West Virginia from the Environmental Protection Agency s Region 3 office to the Region 4 office in Atlanta.

            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. 88, Calling upon Patriot Coal to live up to their obligations to active and retired miners, their families and widows; coming up in regular order, as unfinished business, was, on motion of Delegate Boggs, laid over.

Third ReadingH. B. 2463, Repealing the article that permits the sterilization of persons deemed to be mentally incompetent; 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. 69), 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: Canterbury, Fragale and Moore.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2463) passed.

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

Second ReadingCom. Sub. for H. B. 2237, Requiring physicians and other licensed prescribers offer the drug Naloxone to their patients who are prescribed opiates for chronic pain; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2583, Establishing a regulatory system for sexual assault forensic examinations; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2590, Creating a public nonprofit corporation and governmental instrumentality to collectively address several environmental and economic development programs; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Miley, the bill was amended on page twenty-one, section six, line thirty-five, by striking out the word “three” and inserting in lieu the word “five”.

            And,

            On page twenty-one, section six, line thirty-six, before the words “to serve”, by striking out the word “two” and inserting in lieu thereof the word “three.”

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2733, Relating to hearings before the Office of Administrative Hearings; on second reading, coming up in regular order, was read a second time and ordered to engrossment and 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:

            H. B. 2158, Relating to the provision of financially-related services by banks and bank holding companies,

            Com. Sub. for H. B. 2395, Relating to senior services,

            Com. Sub. for H. B. 2453, Expanding the Amber Alert Plan,

            H. B. 2543, Specifying that the subsidy provided to volunteer fire departments to offset certain workers compensation premium increases apply to increases attributable to the fire fighting service,

            Com. Sub. for H. B. 2652, Authorizing the Department of Administration to promulgate legislative rules,

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

            H. B. 2800, Relating to the Teachers Retirement System,

            Com. Sub. for H. B. 2802, Relating to the Emergency Medical Services Retirement System,

            Com. Sub. for H. B. 2809, Authorizing the Division of Corrections to implement a responsible parent program pilot project,

            H. B. 2818, Relating to the Teachers Defined Contribution Retirement System,

            H. B. 2822, Holding liable any participating public employer owing delinquent retirement contributions,

            Com. Sub. for H. B. 2945, Relating to the distribution of state funds to volunteer fire departments,

            H. B. 2992, Eliminating duplicative reporting requirements imposed on distributors of imported cigarettes,

            And,

            H. B. 3013, Authorizing the establishment of job creation work groups.

Leaves of Absence

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

Remarks by Members

            Delegate Lane asked and obtained unanimous consent that the remarks of Delegates Caputo and J. Nelson regarding H. R. 28, Calling upon Patriot Coal to live up to their obligations to active and retired miners, their families and widows be printed in the Appendix to the Journal.

            Delegate Canterbury announced that he was absent on today when the votes were taken on Roll Nos.67, 68 and 69, and that had he been present, he would have voted “Yea”“ thereon.

            Delegate Gearheart noted to the Clerk that he was absent on Friday when the votes were taken on Roll Nos. 50 through 66 and had he been present he would have voted “Yea” on Roll No. 52 and Roll Nos. 55 through 66.

            At 12:16 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 26, 2013.

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