Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

House Journal


Day 00 (01-9-02013)
Day 01 (02-13-2013)
Day 02 (02-14-2013)
Day 03 (02-15-2013)
Day 06 (02-18-2013)
Day 07 (02-19-2013)
Day 08 (02-20-2013)
Day 09 (02-21-2013)
Day 10 (02-22-2013)
Day 13 (02-25-2013)
Day 14 (02-26-2013)
Day 15 (02-27-2013)
Day 16 (02-28-2013)
Day 17 (03-01-2013)
Day 20 (03-04-2013)
Day 21 (03-05-2013)
Day 22 (03-06-2013)
Day 23 (03-07-2013)
Day 24 (03-08-2013)
Day 27 (03-11-2013)
Day 28 (03-12-2013)
Day 29 (03-13-2013)
Day 30 (03-14-2013)
Day 34 (03-18-2013)
Day 35 (03-19-2013)
Day 36 (03-20-2013)
Day 37 (03-21-2013)
Day 38 (03-22-2013)
Day 41 (03-25-2013)
Day 42 (03-26-2013)
Day 43 (03-27-2013)
Day 44 (03-28-2013)
Day 45 (03-29-2013)
Day 48 (04-01-2013)
Day 49 (04-02-2013)
Day 50 (04-03-2013)
Day 51 (04-04-2013)
Day 52 (04-05-2013)
Day 55 (04-08-2013)
Day 56 (04-09-2013)
Day 57 (04-10-2013)
Day 58 (04-11-2013)
Day 59 (04-12-2013)

Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg




_________*__________



 

Friday, March 29, 2013

FORTY-FIFTH 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 Thursday March 28, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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

Resolutions Introduced

            Delegates Eldridge, Stowers, Tomblin, R. Phillips, White and Marcum offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 108 - “Requesting the Division of Highways to name the bridge on County Route 3, Crawley Creek Road, Logan County, bridge number 23-3-4.31, the ‘Army Specialist Fourth Class Tommy Joe Belcher Memorial Bridge’.”

            Whereas, Tommy Joe Belcher was born on September 12, 1939, the son of Lee and Gertie Belcher; and

            Whereas, Tommy Joe Belcher was raised in the Crawley Creek area of Logan County near Chapmanville and attended Logan County schools; and

            Whereas, Tommy Joe Belcher entered the Army in 1964 and served with the 140th Transportation Detachment, 117th Assault Helicopter Company, 52nd Aviation Brigade, MACV at Qui Nhon, Republic of Vietnam; and

            Whereas, Specialist Fourth Class Tommy Joe Belcher was killed in Vietnam on February 10, 1965, when the Viet Cong blew up an American enlisted men's temporary billets in Qui Nhon City, killing him and at least twenty-two other U.S. soldiers; and

            Whereas, Specialist Fourth Class Tommy Joe Belcher was awarded the Purple Heart, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Meritorious Unit Commendation and Vietnam Gallantry Cross Unit Citation; and

            Whereas, On that fateful day in February 1965, Specialist Fourth Class Tommy Joe Belcher gave his last full measure of devotion to his country and to his comrades-in-arms; and

            Whereas, It is only fitting and proper that this bridge on Crawley Creek Road be named for Specialist Fourth Class Tommy Joe Belcher, and that it henceforth stand as a memorial to honor his supreme sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the bridge on County Route 3, Crawley Creek Road, Logan County, bridge number 23-3-4.31, the “Army Specialist Fourth Class Tommy Joe Belcher Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made, and be placed, signs identifying the bridge as the “Army Specialist Fourth Class Tommy Joe Belcher Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Tommy Joe Belcher.

            Delegates Shott, Gearheart, Householder, Cadle, Ellington, Manchin, Fleischauer, Eldridge, Ambler, Anderson, Arvon, Barrett, Border, Campbell, Canterbury, D. Evans, Folk, Guthrie, Hamrick, Hartman, Howell, Lawrence, Lynch, Miller, Moore, Moye, E. Nelson, J. Nelson, Pasdon, Perry, R. Phillips, Raines, Reynolds, P. Smith, Sponaugle, Sumner, Tomblin, Walters and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 109 - “Requesting the Legislature establish a Joint Legislative Committee on Public Service Commission Accountability and Effectiveness for the purpose of studying the accountability and effectiveness of the Public Service Commission and proposing legislation consistent with the committee’s findings.”

            Whereas, Rising utility costs continue to consume a greater portion of the incomes of West Virginians and act as an impediment to economic development; and

            Whereas, The Public Service Commission was created not only to regulate and ensure the availability of public utilities, but also to protect the interest of the using and consuming public; and

            Whereas, The Legislature seeks to address concerns that sufficient accountability does not currently exist to ensure that the Public Service Commission is adequately protecting those interests; therefore, be it

            Resolved by the Legislature of West Virginia:

            That a Joint Legislative Study Committee on Public Service Commission Accountability and Effectiveness be created for the purposes of studying the issue of the accountability and effectiveness of the Public Service Commission and the feasibility of creating legislation consistent with the committee’s findings; and proposing legislation to achieve this goal; and, be it

            Further Resolved, That the Joint Legislative Committee on Public Service Commission Accountability and Effectiveness examine the following issues in relation to the Public Service Commission:

            (1) The process of applying for and receiving rate modifications, including the feasibility of authorizing the commission to unilaterally decrease rates when an investigation concludes that consumers are being overcharged;

            (2) A description of all revisions to policies or practices, or both, of the commission intended to ensure that utilities adopt and utilize best management practices in their respective operations;

            (3) A description of any current practices or policies, or both intended to minimize the amount of any possible over-recovery from rate payers paying interim rates while a rate case is pending;

            (4) An analysis of the method by which machinery, equipment, fixtures and infrastructure is depreciated following the acquisition by a subsequent owner, and whether such method is consistent with the purposes for which depreciation is allowed;

            (5) An analysis comparing the current utility rates in each of the twenty-eight border counties with the comparable rates for the non-West Virginia counties which share a common boundary with each of them;

            (6) Whether an economic impact analysis should be required with respect to applications for substantial rate increases; and

            (7) Whether the actions of the Consumer Advocate Division of the Public Service Commission in principal and effect have remained consistent with the original intent, and if not, how to correct such problems; and, be it

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

            Further Resolved, That the Joint Legislative Committee on Public Service Commission Accountability and Effectiveness 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 committee, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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

            H. C. R. 110 - “Requesting that the Division of Highways name bridge number 18-87-5.40, currently known as Evans Bridge, on County Route 87 over Mill Creek near Evans, West Virginia, the ‘Boyd Leon Parsons Memorial Bridge’.”

            Whereas, Boyd Leon Parsons was born on January 28, 1894 in a log house at Bull Run near Evans, one of seven children born to Frank and Ida Kessel Parsons; and

            Whereas, Boyd Leon Parsons trained as a teacher in his early life before World War I broke out; and

            Whereas, Boyd Leon Parsons joined the US Army in May 1918 and was shipped out in mid-August with the 22nd Engineers, with whom he served in England and France; and

            Whereas, Following the conclusion of the war, Boyd Leon Parsons returned and married Luella Corfee, and together they had two sons and two daughters: Roy, Edwin, Betty Louise and Mildred; and

            Whereas, After 22 years as a teacher Boyd Leon Parsons became a mail carrier and covered Route No. 1 out of Evans for 25 years until failing health forced his retirement; and

            Whereas, Boyd Leon Parsons was a godly man who lived a Christian Life and served as the Sunday School Superintendent until the fatigue of his illness forced his resignation; and

            Whereas, It is fitting and proper that the community leader and pillar, Boyd Leon Parsons, be remembered and honored through the dedication of a bridge in his name; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is requested to name bridge number 18-87-5.40, currently known as Evans Bridge, on County Route 87 over Mill Creek near Evans, West Virginia, the “Boyd Leon Parsons 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 “Boyd Leon Parsons 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 Transportation and to the surviving family of Boyd Leon Parsons.

            Delegates Marcum, Ambler, Barill, Barrett, Boggs, Border, Campbell, Canterbury, Craig, Diserio, Eldridge, D. Evans, Ferns, Ferro, Fleischauer, Gearheart, Guthrie, Guthrie, Hartman, Ireland, Jones, Lane, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marshall, McCuskey, Miley, Moore, Morgan, Moye, E. Nelson, J. Nelson, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, M. Poling, Poore, Raines, Skaff, Skinner, P. Smith, R. Smith, Sponaugle, Staggers, Stephens, Stowers, Sumner, Swartzmiller, Tomblin, Walker, Walters, Wells, White, Williams and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 111 - “Requesting the Division of Highways to build the bridge on County Route 65/03 located near Tug Valley High School in Naugatuck, Mingo County.”

            Whereas, The West Virginia Division of Highways has begun the process to build a potential bridge located on the new County 65/03 Route; and

            Whereas, The bridge is vital to the further economic development of Mingo County; and

            Whereas, The Mingo County Board of Education has taken steps to develop and improve the Tug Valley High School and its athletic facilities; and

            Whereas, These upgrades are very important and in dire need to improve the education and quality of life for all Tug Valley students; and

            Whereas, The improvements and further developments of Tug Valley High School cannot proceed without the new bridge; and

            Whereas, The students, teachers and citizens of Mingo County deserve the improvements that will stem from the new bridge; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to build the bridge located near Tug Valley High School in Naugatuck, Mingo County, West Virginia; and, be it

            Further Resolved, That time is of the essence; 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.

            Delegates Westfall and Ashley offered the following resolution, which was read by the Clerk as follows:

            H. R. 30 - “Commemorating the life of the Honorable Virginia Rae ‘Ginny’ Starcher, educator, civic leader, and public servant.”

            Whereas, Virginia Rae “Ginny” Starcher was born on February 23, 1930, in Wheeling, Ohio County, West Virginia, the daughter of Roy William and Ella Rae Lowe Jolliffe; and

            Whereas, Ginny Starcher was educated in Cameron, Marshall County, West Virginia schools and she received a Bachelor and Masters of Arts from West Virginia University, where she also taught briefly; and

            Whereas, Ginny was married to Harold E. “Punk” Starcher, Jr. and they were the proud parents of one son, Mark L., and one daughter, Ann R., and the loving grandparents of John E. Starcher and Margaret R. Starcher; and

            Whereas, Virginia Starcher worked in Washington, D.C., at the Library of Congress and the then newly created CIA. She also taught in Ripley, Jackson County, West Virginia, and Schenectady, New York, high schools, and WVU-P in Ripley, West Virginia; and

            Whereas, In 1986, Ginny Starcher was the first woman elected to the West Virginia House of Delegates representing Jackson County and a portion of Mason County and she was subsequently reelected for a second term in 1988; and

            Whereas, Ginny Starcher was an organizing member of the First Presbyterian Church of Ripley, where she served as a session member and a Sunday school teacher. In addition, she was the first woman to be elected to the County Commission in Jackson County, West Virginia; and

            Whereas, Virginia Starcher’s numerous community affiliations included President of the Jackson General Hospital Auxiliary and she was a member of the Jackson County Library and Health Department Boards. She also belonged to the GFWC, Pilot Club, Jackson County Democrat Woman’s Club and the Ripley Garden Club; and

            Whereas, Sadly, the Honorable Virginia Rae “Ginny” Starcher passed away on December 19, 2012; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby commemorates the life of the Honorable Virginia Rae “Ginny” Starcher, educator, civic leader and public servant; and, be it

            Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable Virginia Rae “Ginny” Starcher; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of the Honorable Virginia Rae “Ginny” Starcher.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 30) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

            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

            Com. Sub. for H. C. R. 49, The “Larry W. Border Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk.

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

            The yeas and nays having been ordered, they were taken (Roll No. 98), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Ferns, Fleischauer, Fragale, Marshall and Pasdon.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (Com. Sub. for H. C. R. 49) was 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

            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. 2722, Increasing the amount of special license fees paid by pipeline companies,

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

            Com. Sub. for H. B. 2722 - “A Bill to amend and reenact §24B-5-3 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of special license fees paid by pipeline companies to the Public Service Commission,”

            And,

            H. B. 3020, Improving boat dock and marina safety,

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

            Com. Sub. for H. B. 3020 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto six new sections to article seven, chapter twenty, designated § 20-7-24, §20-7-25, §20-7-26, §20-7-27, §20-7-28, and §20-7-29, all relating to boat, boat dock and marina safety; providing definitions; requiring compliance with certain standards; requiring work by certified electricians; establishing a date for compliance; and providing penalties,”

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2806, Relating to administrative remedies for prisoners generally,

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

            Com. Sub. for H. B. 2806 - “A Bill to amend and reenact §25-1A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §25-1A-2a, all relating generally to exhaustion of administrative remedies for prisoners; defining certain administrative remedies; directing proposal of rules for legislative approval; complying with federal sexual abuse provisions; and requiring that a prisoner first exhaust such remedies prior to resorting to litigation,”

            H. B. 2836, Allowing certain Commission on Special Investigations personnel the right to carry firearms,

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

            Com. Sub. for H. B. 2836 - “A Bill to amend and reenact §4-5-2 of the Code of West Virginia, 1931, as amended, relating to the Commission on Special Investigations generally; granting certain commission personnel the right to carry firearms in the course of their employment; establishing minimum training and certification requirements for such personnel; requiring such personnel to secure a license to carry a concealed weapon in accordance with the provisions of article seven, chapter sixty-one of this code,”

            H. B. 2849, Relating to audits and investigations by the chief inspector of public offices,

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

            Com. Sub. for H. B. 2849 - “A Bill to amend and reenact §6-9-7 and §6-9-9a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §6-9-9b, all relating to the Chief Inspector of Public Offices; authorizing the Chief Inspector to investigate the financial affairs of local governmental offices, political subdivisions, boards, commissions, authorities, agencies and other public entities; clarifying that the Chief Inspector may report to proper legal authority or initiate civil and criminal actions if an investigation discloses misfeasance, malfeasance or nonfeasance; providing for confidentiality of reports until the completion of investigation or adjudication; and providing that working papers of the Chief Inspector Division are confidential,”

            And,

            H. B. 2964, Authorizing the mayor to appoint chiefs of police and deputy chiefs of police,

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

            Com. Sub. for H. B. 2964 - “A Bill to amend and reenact §8-10-1 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the mayor; and allowing removed chiefs of police and removed deputy chiefs of police to be reinstated to the rank that he or she previously held,”

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2355, Allowing the mascot of Parkersburg South High School to carry a musket on school grounds when the mascot is acting in his or her official capacity,

            And,

            H. B. 2968, Authorizing the use of an additional medium for use in archiving the records,

            And reports the same back with the recommendation that they each do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2570, Relating to the West Virginia Public Employees Grievance Procedure,

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

            Com. Sub. for H. B. 2570 – “A Bill to amend and reenact §6C-2-2 and §6C-2-3 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Public Employees Grievance Procedure; adding definition for discovery; requiring agencies to allow reasonable time for representatives to appear; providing for discovery requests; and clarifying that participation in proceedings is considered work time,”

            And,

            H. B. 3060, Authorizing the Oil and Gas Conservation Commission to regulate the horizontal deep wells,

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

            Com. Sub. for H. B. 3060 - “A Bill to amend and reenact §22C-9-3 and §22C-9-4 of the Code of West Virginia, 1931, as amended, all relating to authorizing the Oil and Gas Conservation Commission to regulate the horizontal deep wells,”

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 3068, Expanding the property appraisal provisions to include qualified capital additions to coal production facilities,

            And,

            H. B. 3097, Entitling natural resource producers to the economic opportunity tax credit,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 3068 and H. B. 3097) were each referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2357, Relating to sexting by minors,

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

            Com. Sub. for H. B. 2357 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5-13g, relating to the development of an educational diversion program for minors engaged in delinquent offenses associated with sexting and related offenses; delineation of sexting and associated offenses; providing for the establishment of a specialized diversion program by the West Virginia Supreme Court of Appeals for sexting by minors and associated offenses; suggested scope and topics to be included in such specialized diversion program; providing for the participation in the diversion program as a part of a pre-petition diversion and informal resolution in advance of a filed petition, as part of a required counseling plan, or as part of an improvement period established requirement in advance of adjudication; consideration of successful completion of specialized diversion program on first offense and subsequent offenses; allowing for court discretion as to whether adjudicated juvenile should be required to register as a sex offender as a result of adjudication as status offender for sexting and related offenses,”

            With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

            In the absence of objection, reference of the bill (Com. Sub. for H. B. 2357) to the Committee on Finance was abrogated.

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

            Your Committee on Education has had under consideration:

            H. B. 2490, Providing for the appointment of veterans advocates at state institutions of higher education,

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

            Com. Sub. for H. B. 2490 - “A Bill to amend and reenact §18B-4-9 the Code of West Virginia, 1931, as amended, relating to providing services for and addressing needs of student veterans enrolled in state institutions of higher education; designating role and duties of veterans advocates; and specifying certain provisions to be implemented for student veterans,”

            And,

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

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

            Com. Sub. for H. B. 2491 - “ Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-10, relating to establishing a uniform course completion policy for certain higher education students performing certain military service,”

            With the recommendation that the committee substitutes each do pass.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            H. B. 2784, Relating to the Deputy Sheriff Retirement System Act.

            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. 430 - “A Bill to amend and reenact §18-7B-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7B-21, all relating to the Teachers’ Defined Contribution Retirement System; adding a definition of ‘employment term’; making a technical correction; and adding a provision relating to correction of errors by participating public employers and the Consolidated Public Retirement Board.”

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 430) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            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. 431 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-11, relating to the liability of a participating public employer and its successor to pay delinquent retirement contributions, delinquency fees and related costs; and enforcement and collection of the costs by the Consolidated Public Retirement Board.”

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 431) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            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. 491 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6D-16, relating to daily passenger rental car business; and allowing rental vehicle contracts to include a vehicle licensing cost recovery fee”; which was referred to the Committee on the Judiciary.

             A message from the Senate, by

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

            S. B. 507 - “A Bill to amend and reenact §5-10-31 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-5 of said code, all relating to removing the requirement to set employer contribution rate for the Public Employees Retirement System and the State Police Retirement System by legislative rule; and clarifying funding rate which affects employee contribution rate in State Police Retirement System”; which was referred to the Committee on Pensions and Retirement then the Judiciary.

Petitions

            Delegate Hamrick presented a petition on behalf of his constituents requesting restoration of the Health Right Free Clinic line item to its FY 2013 level; which was referred to the Committee on the Finance.

Special Calendar

Unfinished Business

            Com. Sub. for S. C. R. 8, Requesting DOH name portion of Route 38 in Fayette County “Sizemore Moran Veterans Memorial Road”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

Third ReadingCom. Sub. for H. B. 2521, Relating to the West Virginia Contraband Forfeiture Act; 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. 99), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Cadle, Cowles, Hamrick, Householder, Howell and Kump.

            Absent and Not Voting: Ferns, Fragale and Pasdon.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2521) passed.

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

            Com. Sub. for H. B. 2563, Reducing the daily administrative time required of school counselors and increasing the time actually spent in counseling at-risk students; 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. 100), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Gearheart, Howell, Kump and E. Nelson.

            Absent and Not Voting: Ferns, Fragale and Pasdon.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2563) passed.

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

            Com. Sub. for H. B. 2626, Authorizing the Department of Military Affairs and Public Safety to promulgate Legislative Rules; on third reading, coming up in regular order, was reported by the Clerk.

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

            Com. Sub. for H. B. 2754, Relating to further defining a retailer engaging in business in this state for purposes of sales and use taxes; on third reading, coming up in regular order, was reported by the Clerk.

            At the request of Delegate Boggs, and by unanimous consent, the bill was laid over.            Com. Sub. for H. B. 2778, Defining alternative nicotine products and electronic cigarettes; 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. 101), 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: Ferns, Fragale and Pasdon.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2778) passed.

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

            H. B. 2851, Establishing a one time audit cost amnesty program for local governments with delinquent audit costs; 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. 102), 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: Ferns, Fragale and Pasdon.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2851) passed.

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

            Com. Sub. for H. B. 2923, Relating to directors of state-chartered banking institutions; 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. 103), 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: Ferns, Fragale and Pasdon.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2923) passed.

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

            H. B. 2956, Relating to resident brewers and brewpubs; 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. 104), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Border, Faircloth, Overington, Sobonya and Sumner.

            Absent and Not Voting: Ferns, Fragale and Pasdon.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2956) passed.

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

            H. B. 2956 - “A Bill to amend and reenact §11-16-3 and §11-16-6 of the Code of West Virginia, 1931, as amended, all relating to resident brewers and brewpubs; clarifying and amending applicable definitions; clarifying certain requirements and operations relating to distribution and sales at brewpubs; and allowing for the limited sale of nonintoxicating beer and nonintoxicating craft beer by brewpubs for personal consumption off premises and not for resale.”

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

            Com. Sub. for H. B. 3003, Facilitating compliance with the Tobacco Master Settlement Agreement; 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. 105), 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: Ferns, Fragale and Pasdon.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3003) 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. 2512, Reforming the state Medicaid subrogation statute; 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. 2531, Relating to the practice of speech-language pathology and audiology; 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. 2550, Adding criminal offense of receiving materials depicting minors in sexually explicit conduct; 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. 2571, Relating to who may serve as members of the environmental quality board; 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. 2759, Relating to standards for emergency medical service personnel; 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. 2766, Creating the “West Virginia Winner” program; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Iaquinta, the bill was amended on page three, subsection (c), line twenty-five, by striking out subsection (c) and inserting in lieu thereof a new subsection to read as follows:

            (c) Each participant or team shall pay to the Office of Healthy Lifestyles a fee to participate in each event. The fees may be collected by the hosting local government entity and remitted to the Office of Healthy Lifestyles to be deposited in the Healthy Lifestyles Fund. The participation fee schedule is as follows: (1) individual or open division, $10 per person; (2) corporate division (corporations with more than two-hundred fifty employees), $1,000 per team: Provided, That if a corporate team consists of more than one hundred participants, the corporate team shall pay $10 per additional person over one hundred in addition to $1,000; (3) small business division (businesses with two-hundred fifty or fewer employees), $200 per team: Provided, That if a small business team consists of more than twenty participants, the small business team shall pay $10 per additional person over twenty in addition to $200; (4) collegiate division (sponsored by an instate college or university), $1,000: Provided: That if a collegiate team consists of more than one hundred participants, the collegiate team shall pay $10 per additional person over one hundred in addition to $1,000; and (5) fraternal organization or non-profit division, $125 per team: Provided, That if a fraternal or non-profit team consists of more than thirteen participants, the fraternal or non-profit team shall pay $10 per additional person over thirteen in addition to $125.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2888, Allowing members of a policemen’s civil service commission to serve on other local boards and commissions; 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. 2940, Relating to regional meetings among certain officials of county boards of education; 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. 2966, Relating to employment and privacy protection; 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. 3086, Relating to juvenile services and criminal justice institutions; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 3104, Authorizing certain legislative rules regarding higher education; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 3159, Granting exceptions from certain compulsory attendance statutes to the Monroe and Nicholas County school systems; 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:

            Com. Sub. for H. B. 2716, Relating to the West Virginia Fairness in Competitive Bidding Act,

            Com. Sub. for H. B. 2727, Relating to the school aid formula,

            Com. Sub. for H. B. 2866, Providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet,

            Com. Sub. for H. B. 2938, Establishing fair trade practices for court reporters,

            H. B. 2954, Requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature,

            Com. Sub. for H. B. 2979, Relating to broadband deployment projects,

            H. B. 3043, Including methane monitoring equipment as eligible safety equipment for tax credit purposes,

            Com. Sub. for H. B. 3135, Relating generally to voting system certification and procedures at the central counting center,

            Com. Sub. for H. B. 3145, Removing the existing maximum quantities of beer that retailers can sell for off premises,

            And,

            H. B. 3160, Providing for a pilot initiative on governance of schools jointly established by adjoining counties.

Remarks by Members

            Delegate Eldridge addressed the House regarding H. B. 2563, Reducing the daily administrative time required of school counselors and increasing the time actually spent in counseling at-risk students, and at the conclusion thereof, Delegate J. Nelson asked and obtained unanimous consent that such remarks be printed in the Appendix to the Journal.

            At 12:10 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.

* * * * * * *

Evening Session

* * * * * * *

            At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

Committee Reports

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 3021, Relating to operating a bicycle or overtaking a bicycle on a roadway,

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

            Com. Sub. for H. B. 3021 – “A Bill to amend and reenact §17C-7-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-11-5 of said code, all relating to operating a bicycle or overtaking a bicycle on a roadway.”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2577, Relating to the practice of pharmacist care,

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

            Com. Sub. for H. B. 2577 - “A Bill to repeal §30-5-1a, §30-5-1b, §30-5-2a, §30-5-3a, §30-5-5a, §30-5-5b, §30-5-6a, §30-5-7a, §30-5-7b, §30-5-7c, §30-5-9a, §30-5-10a, §30-5-12c, §30-5-14a, §30-5-14b, §30-5-16a, §30-5-16b, §30-5-16c and §30-5-22a of the Code of West Virginia, 1931, as amended; to amend and reenact §16-5A-9a of said code; to amend and reenact §30-5-1, §30-5-2, §30-5-3, §30-5-4, §30-5-5, §30-5-6, §30-5-7, §30-5-8, §30-5-9, §30-5-10, §30-5-11, §30-5-12, §30-5-13, §30-5-14, §30-5-15, §30-5-16, §30-5-17, §30-5-18, §30-5-19, §30-5-20, §30-5-21, §30-5-22, §30-5-23, §30-5-24, §30-5-25, §30-5-26, §30-5-27, §30-5-28, §30-5-29 and §30-5-30 of said code; to amend said code by adding thereto four new sections, designated §30-5-31, §30-5-32, §30-5-33 and §30-5-34; and to amend and reenact §60A-10-3 of said code, all relating to pharmacy practice; prohibiting the practice of pharmacist care without a license; permitting a licensed practitioner to dispense in certain settings; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, registration and permit requirements; creating a scope of practice; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirement to participate in collaborative pharmacy practice; providing requirement for dispensing generic drugs; requiring the registration of pharmacies requiring a permit for mail-order pharmacies and manufacturing of drugs; providing requirements of filling prescriptions; providing requirements for the display of a board authorization; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and updating references,”

            H. B. 2600, Creating resort area districts,

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

            Com. Sub. for H. B. 2600 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-25-1, §7-25-2, §7-25-3, §7-25-4, §7-25-5, §7-25-6, §7-25-7, §7-25-8, §7-25-9, §7-25-10, §7-25-11, §7-25-12, §7-25-13, §7-25-14, §7-25-15, §7-25-16, §7-25-17, §7-25-18, §7-25-19, §7-25-20, §7-25-21, §7-25-22, §7-25-23, §7-25-24, §7-25-25 and §7-26-26; and to amend and reenact §30-29-1 of said code, all relating to the creation of resort area districts; providing short title for article; providing legislative findings for resort area districts; defining terms; authorizing county commissions to create resort area districts; providing for petition process for creation or expansion of resort area districts; providing notice requirements for creation or expansion of resort area districts; providing that resort area districts are public corporations; setting forth powers of resort area districts; authorizing resort area districts to undertake capital projects; authorizing resort area districts to levy assessments upon real property; authorizing resort area districts to borrow money and incur indebtedness; authorizing resort area districts to issue assessment bonds and resort service fee bonds; authorizing resort area districts to impose penalties for unpaid assessments; authorizing resort area districts to levy resort service fee on purchases of certain goods and services; authorizing resort area districts to provide public services; authorizing resort area districts to provide for public safety and appoint resort area rangers; providing for official name of resort area districts; providing for creation of resort area boards; setting forth powers and certain procedures for resort area boards; providing for election of resort area board members; providing election procedures for resort area boards; requiring certain resort area board members to give bond; providing notice requirements for resort area boards election; providing procedures and notice requirements for resort service fee implementation and administration; providing procedures for implementing and providing services within resort area districts; requiring adoption of budget annually; providing resort area district board ability to condition budgeted expenditures, projects and undertakings on the receipt and availability of additional funds provided by resort operator or other sources; providing procedures for implementation of assessments; providing notice requirements for assessments; providing procedures for construction of capital projects; providing procedures for revision of assessments; exempting public property from assessments; providing terms for assessment bonds and resort service fee bonds; exempting assessment bonds and resort service fee bonds from state taxation; providing that indebtedness of resort area district to be paid solely from resort service fee and assessments; providing procedure for payment of assessments to sheriff; authorizing sheriff to collect delinquent assessments; providing for lien against property subject to assessment and notice thereof; providing for appointment of resort area rangers; authorizing resort area rangers to exercise authority of law-enforcement officers; requiring annual audit of resort area districts; requiring notice of change of ownership of properties within district; reasonable notice by district in absence of receiving notice of change in ownership; providing for liberal construction of article; providing that resort area rangers are considered law-enforcement officers; and making resort area rangers subject to same training and requirements as other law-enforcement officers,”

            And,

            H. B. 2608, Requiring appraisal management companies to be registered,

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

            Com. Sub. for H. B. 2608 - “A Bill to amend and reenact §30-38-6, §30-38-7 and §30-38-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §30-38A-1, §30-38A-2, §30-38A-3, §30-38A-4, §30-38A-5, §30-38A-6, §30-38A-7, §30-38A-8, §30-38A-9, §30-38A-10, §30-38A-11, §30-38A-12, §30-38A-13, §30-38A-14, §30-38A-15, §30-38A-16 and §30-38A-17, all relating to regulating appraisal management companies; requiring appraisal management companies to be registered with the West Virginia Real Estate Appraiser Licensing and Certification Board; adding a member representing appraisal management companies to the board; updating the duties, powers and rulemaking authority of the board; prohibiting any person or firm from performing or offering to perform appraisal management services without a registration issued by the board; defining certain terms; setting forth requirements for registration, including written applications, verifications and criminal background checks; providing exemptions from registration requirements; requiring surety bonds; setting forth duties of appraisal management companies; authorizing certain fees; requiring appraisal management companies to designate a controlling person; establishing requirements and authorizing complaints for the removal of an appraiser from an appraiser panel; setting forth duties of appraisal management companies; defining what constitutes unprofessional conduct; setting forth prohibited acts; authorizing disciplinary action; providing for hearing and notice procedures; authorizing civil penalties; and authorizing the board to seek injunctive relief,”

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on Finance has had under consideration:

            S. B. 496, Finding and declaring certain claims against state,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

            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. 2469, Increasing the cap on earnings during temporary reemployment after retirement,

            H. B. 2542, Relating to publication of the State Register,

And,

            H. B. 3028, Expanding the number of hours temporary state personnel may work in a calendar year,

            And reports the same back with the recommendation that they each do pass.

            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. 3112, Relating to compensation awards to victims of crimes,

            And reports the same back, with a title amendment, with the recommendation that it do pass, as amended,

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

            On motion for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which were read by their titles, as follows:

By Delegates White, Marshall, Iaquinta, Cowles, Miller, R. Phillips, L. Phillips, E. Nelson and Perdue:

            H. B. 3161 – “A Bill to repeal §48-2-604 of the Code of West Virginia, 1931, as amended, relating to marriage license fees,”

            And,

By Delegates White, Reynolds, Canterbury, Walters, L. Phillips, Storch, Gearheart, Perdue, Anderson:

            H. B. 3163 – “A Bill to amend and reenact §17-16A-4, §17-16A-10 and §17-16A-18 of the Code of West Virginia, 1931, as amended, all relating to requiring all debt obligations of the West Virginia parkways authority to be satisfied by February 1, 2020; eliminating tolls on the West Virginia Turnpike after debt obligations are satisfied; directing the Governor to issue a proclamation that all obligations are satisfied and transfer of assets; providing that certain materials, equipment, assets and employees of the parkways authority be transferred to the Division of Highways; providing for employees of the parkways authority whose positions are eliminated as result of the transfer; requiring certain moneys be used for operation and maintenance of West Virginia Turnpike; providing that all obligations and responsibilities of the parkways authority for the West Virginia Turnpike cease on January 1, 2035; prohibiting new bonds from being issued; providing an exception; and requiring the Division of Highways to accept ownership of the West Virginia Turnpike when the bonds secured by toll revenues have been paid.”

            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. 2611, 2612, 2614, 2615, 2638, 2639, 2640, 2641, 2642, 2645, 2646, 2648, 2649, 2651, 2656, 2657, 2664, 2680, 2681, 2682, 2688, 2689, 2690, 2691, 2692, 2693, 2694, 2696, 2697, 2698, 2699, 2700, 2701, 2702, 2703, 2704, 2706, 2707, 2709, 2710, 2711 and 2713, Authorizing miscellaneous boards and agencies to promulgate legislative rules,

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

            Com. Sub. for H. B. 2689 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Board of Medicine to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program data base; authorizing the Board of Medicine to promulgate a legislative rule relating to licensure, disciplinary and complaint procedures; continuing education; and physician assistants; authorizing the Board of Medicine to promulgate a legislative rule relating to continuing education for physicians and podiatrists; authorizing the Board of Optometry to promulgate a legislative rule relating to continuing education; authorizing the Board of Optometry to promulgate a legislative rule relating to expanded therapeutic procedures certificates; authorizing the Board of Optometry to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to licensing procedures for osteopathic physicians; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to practitioner requirements for controlled substances licensure and accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to osteopathic physician assistants; authorizing the Board of Pharmacy to promulgate a legislative rule relating to ephedrine and pseudoephedrine control; authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for licensure and certification; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to renewal of licensure - qualifications for renewal; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to fees for services rendered by the Board and supplemental renewal fee for the center for nursing; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to the announcement of advanced practice; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to limited prescriptive authority for nurses in advanced practice; authorizing the Secretary of State to promulgate a legislative rule relating to the Uniform Commercial Code; authorizing the Secretary of State to promulgate a legislative rule relating to administration of the address confidentiality program; authorizing the Secretary of State to promulgate a legislative rule relating to the regulation of political party headquarters financing; authorizing the Secretary of State to promulgate a legislative rule relating to the regulation of late registration; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the procedures, criteria and curricula for examination and licensure of barbers, cosmetologists, nail technicians, aestheticians and hair stylists; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to barber apprenticeships; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the operational standards for schools of barbering and beauty culture; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to poultry litter and manure movement into primary poultry breeder rearing areas; authorizing the Board of Architects to promulgate a legislative rule relating to the registration of architects; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the Board; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to continuing education requirements; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the expanded duties of dental hygienists and dental assistants; authorizing the Hatfield-McCoy Regional Recreation Authority to promulgate a legislative rule relating to rules for use of the facility; authorizing the Treasurer’s Office to promulgate a legislative rule relating to the enforcement of the Uniform Unclaimed Property Act; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the organization and operation and licensing of veterinarians; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Social Work to promulgate a legislative rule relating to a fee schedule; authorizing the Board of Social Work to promulgate a legislative rule relating to qualifications for the profession social work; authorizing the Board of Social Work to promulgate a legislative rule relating to applications; authorizing the Board of Social Work to promulgate a legislative rule relating to continuing education for social workers and providers; authorizing the Board of Social Work to promulgate a legislative rule relating to a code of ethics; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to the licensure of speech-pathology and audiology; and authorizing the Conservation Committee to promulgate a legislative rule relating to the operation of the West Virginia State Conservation Committee and conservation districts,”

            With the recommendation that the committee substitute do pass.

            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. 2513, Improving enforcement of drugged driving offenses,

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

            Com. Sub. for H. B. 2513 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto two new sections designated §17C-1-67 and §17C-1-68; to amend and reenact §17C-5-4, §17C-5-6, §17C-5-7, §17C-5-8, and §17C-5-9 of said code; and to amend said code by adding there to a new section, designated §17C-5-12, all relating to the enforcement of laws prohibiting the operation of a motor vehicle while under the influence of a drug or controlled substance generally; defining ‘drug’ and ‘controlled substance’; providing implied consent to test for controlled substances or drugs; changing period of license suspension for failure to submit to certain tests to provide consistency with other provisions of law; authorizing law-enforcement agencies to designate secondary chemical tests to be administered; removing urine as a subject of testing to determine its alcohol content or concentration, or its controlled substance and drug content; removing the exception to a license revocation for the refusal to submit to a blood test; requiring training of law-enforcement officers; including controlled substances and drugs in blood test administration procedures; providing the drugs or classes of drug to be included in a chemical analysis; requiring the Bureau of Public Health and West Virginia State Police Forensic Laboratory to prescribe minimum levels of substance or drugs in order to be admissible; authorizing emergency rules; requiring the Bureau of Public Health to review current methods and standards; requiring a specimen to test for controlled substances or drugs to be taken within four hours of arrest; prohibiting testing results to be used as evidence in a criminal prosecution for the possession of a controlled substance; and requiring the West Virginia State Police Forensic Laboratory to report to the Legislature,”

            H. B. 2544, Improving state emergency preparedness,

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

            Com. Sub. for H. B. 2544 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2 and §11-13DD-3; to amend and reenact §15-5-21 of said code; and to amend and reenact §55-7D-1 of said code, all relating to improving state emergency preparedness; creating an emergency generator tax credit for gas or propane fueled machines; requiring the Office of Emergency Services to coordinate with local radio and television stations to broadcast public service announcements with information as to the location of emergency shelters; providing tax credits for use of emergency generators; and providing a protection from civil or criminal liability to persons donating food during times of emergencies,”

            H. B. 2548, Increasing the criminal penalties for assaults and batteries against athletic officials,

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

            Com. Sub. for H. B. 2548 - “A Bill to amend and reenact §61-2-15a of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for assaults and batteries against athletic officials,”

            H. B. 2738, Relating to the Center for Nursing,

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

            Com. Sub. for H. B. 2738 – “A Bill to amend and reenact §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6, §30-7B-8 and §30-7B-9 of the Code of West Virginia, 1931, as amended, all relating to the Center for Nursing; adding definitions; removing outdated language; updating powers reorganizing the board; establishing minimum scholarship requirements; and requiring the center to report to the Legislative Oversight Commission on Health and Human Resources Accountability instead of the Joint Committee on Government and Finance,”

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

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

            Com. Sub. for H. B. 2837 – “A Bill to repeal §12-1-12c of the Code of West Virginia, 1931, as amended; to repeal §12-6B-1, §12-6B-2, §12-6B-3 and §12-6B-4 of said code; to amend and reenact §5-10B-13 of said code; to amend said code by adding thereto a new section, designated §5-10B-14; to amend and reenact §12-1-3, §12-1-8 and §12-1-11 of said code; to amend and reenact §12-2-2 and §12-2-3 of said code; to amend and reenact §12-3A-3 of said code; to amend said code by adding thereto a new section, designated §12-4-17; to amend and reenact §12-5-4 of said code; to amend and reenact §12-6A-1, §12-6A-2, §12-6A-3, §12-6A-4 and §12-6A-5, §12-6A-6 and §12-6A-7 of said code; to amend and reenact §12-6C-7 and §12-6C-9 of said code; to amend and reenact §33-3-14d of said code; and to amend and reenact §36-8-13 of said code, all relating to the state treasurer’s office; authorizing the deferred compensation plan to accept qualified domestic relations orders; authorizing Roth accounts within the deferred compensation plan in accordance with the Internal Revenue Code; authorizing financial institutions to offer products in addition to certificates of deposit; updating references to investing authorities to include the Board of Treasury Investments; raising the amount of eligible deposits from $100,000 to the amount insured by a federal agency; providing requirements to be eligible depositories; providing for conflicts of interest for applicants and employees of the Treasurer’s office in connection with financial institutions; authorizing depositories to submit reports in an electronic format; changing the requirement that deposits are required within 24 hours to one business day; establishing standards for receipting of moneys, including reviewing of internal controls by auditors and the Treasurer and ensuring copies of audits are submitted to the Legislative Auditor; ensuring confidential information in internal control procedures is redacted before release; defining federal, special and general revenue funds; changing the report to the Legislative Auditor for accounts outside the treasury from quarterly to an annual report; authorizing the Treasurer to determine the competitive bidding of banking, investment and related goods and services required for treasury operations; authorizing the Treasurer to develop procedures for storing, retaining and disposing of records for his or her office; ensuring the director of the division of archives and history receives records with historical value; clarifying that the Treasurer is responsible for earnings received on securities, not just interest; consolidating the debt capacity division into the debt management division; providing legislative findings to acknowledge the importance of monitoring the debt of the state and its spending units; continuing division of debt management as the central information source for debt issued by the state and its spending units; defining debt to include debentures, lease purchases, mortgages, securitizations and other types of obligations with specific amounts owed and payable on demand or on determinable dates; defining debt impact report, moral obligation bond, net tax supported debt and tax supported debt; defining spending unit; eliminating requirement for developing a long-term debt plan; authorizing the division to continuously evaluating debt and debt service requirements and reviewing all proposed debt offerings of the state and its spending units; authorizing the division to issue a debt impact report if requested by the Governor, Senate President or House of Delegates Speaker and that the report shall not restrict the Governor, Legislature or spending unit; requiring the division to monitor continuing disclosure requirements and post-issuance compliance issues; eliminating requirement that the debt management division provide staff for the debt capacity division; providing for reporting by the division and the spending units; requiring the division to prepare and issue the debt capacity report; authorizing the Treasurer to promulgate the rules in certain circumstances; altering the bond required for the Board of Treasury Investments from $50 million to at least $10 million, as set by the board; updating language pertaining to rating agencies to nationally recognized statistical rating organizations; permitting pools with weighted average maturity or duration of 366 days or more to invest in investment grade corporate debt securities; authorizing investments in money market and other fixed income funds; authorizing the board to make loans specified by the Legislature and to offer an equipment and software financing program for state government entities; providing that securities falling out of compliance with the Code do not have to be sold if the investment manager and investment consultant recommend retention; satisfying amounts due to and from policemen’s and firemen’s pension and relief funds and the Teachers Retirement System; authorizing expenses related to operations and programs of the office of the Treasurer from the Unclaimed Property Fund; authorizing transfer of moneys from the Unclaimed Property Trust Fund for payment to policemen’s and firemen’s pension and relief funds,”

            H. B. 2897, Declaring certain claims against the state and its agencies to be moral obligations of the state,

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

            Com. Sub. for H. B. 2897 - “A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof,”

            And,

            H. B. 3157, Restoring the authority, flexibility, and capacity of schools and school systems to improve student learning,

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

            Com. Sub. for H. B. 3157 - “A Bill 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 the code of West Virginia, 1931, as amended; 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; to further amend said code by adding thereto a new section, designated §18-8-6a; 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; providing support for truancy programs; 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”,

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2399, Protecting livestock in dire or extreme condition,

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

            Com. Sub. for H. B. 2399 - “A Bill to amend and reenact §7-10-4 of the Code of West Virginia, as amended, relating to protecting livestock in dire or extreme condition; establishing a livestock committee; providing a process to follow when livestock are in dire or extreme condition; establishing a procedure where livestock are found to be in imminent danger; and the circumstances where action is required by humane officers and county commissions,”

            H. B. 2431, Modifying the application process for obtaining a state license to carry a concealed deadly weapon,

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

            Com. Sub. for H. B. 2431 - “A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to the application process for obtaining a state license to carry a concealed deadly weapon; clarifying certain restrictions and prohibitions; clarifying effect of expungement, pardons or reversal of prior offenses on permit application; and clarifying background check requirements,”

            H. B. 2730, Relating to the Real Estate Appraisal Board,

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

            Com. Sub. for H. B. 2730 - “A Bill to amend and reenact §30-38-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-38-19, all relating to requirements to perform appraisals; providing requirements for licensure or certification by reciprocity; and clarifying the requirements for temporary permits,”

            H. B. 2731, Regulating the performance of health maintenance tasks by unlicensed personnel,

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

            Com. Sub. for H. B. 2731 - “A Bill to amend and reenact §16-5O-1, §16-5O-2, §16-5O-3, §16-5O-4, §16-5O-5, §16-5O-6, §16-5O-7, §16-5O-8, §16-5O-10 and §16-5O-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-5O-12, all relating to regulating the performance of health maintenance tasks by unlicensed personnel in certain personal care facilities; providing exceptions; identifying who may perform health maintenance tasks; requiring record keeping; requiring the administrative monitoring system to have input from registered professional nurses; requiring liability insurance; changing the short title; defining terms including health maintenance tasks; requiring legislative rules necessary to implement the article; and the creation of an advisory committee to review definition of health maintenance tasks, along with polices and procedures authorized by the article,”

            H. B. 2787, Permitting family court judges and magistrates to carry concealed handguns without a permit,

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

            Com. Sub. for H. B. 2787 - “A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exemptions and exceptions granted to statutory conceal and carry requirements; imposing certain training and certification requirements for judges, prosecuting attorneys and investigators employed by a prosecuting attorney; exempting such persons from the payment of conceal and carry permit application fees; expanding the list of judicial officers included in those exempted from the payment of fees; requiring enhanced handgun training for judicial officers and prosecutors before they can be authorized to carry a handgun in the performance of his or her duties, or to carry a handgun in buildings which house a courtroom,”

            H. B. 2960, Providing for internal and external review of adverse health coverage determinations,

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

            Com. Sub. for H. B. 2960 - “A Bill to repeal §33-25C-5, §33-25C-6, §33-25C-7, §33-25C-9 and §33-25C-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §33-16H-1, §33-16H-2, §33-16H-3 and §33-16H-4, all relating to review of adverse determinations by health plan issuers; mandating utilization review and internal grievance procedures; providing for external review of adverse determinations; defining terms; providing for judicial review of certain decisions; providing for venue of judicial review; providing for continued benefits pending judicial review; providing for an award of attorneys fees; providing no new causes of action; preserving existing causes of action; repealing similar provisions applicable to only health maintenance organizations; and directing proposal and promulgation of rules,”

            H. B. 3124, Relating to floodplain and mudslide area management,

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

            Com. Sub. for H. B. 3124 - “A Bill to amend and reenact §7-1-3v, of the Code of West Virginia, 1931, as amended; to amend and reenact §8-30-1, all relating generally to flood control projects and floodplain management by municipalities and counties, and providing for a limited fee to be charged for a floodplain permit,”

            And,

            H. B. 3139, Authorizing qualified investigators employed by the Secretary of State to carry a firearm and concealed weapon,

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

            Com. Sub. for H. B. 3139 - “A Bill to amend and reenact §3-1A-8 of the Code of West Virginia, 1931, as amended, relating to qualified investigators employed by the Secretary of State; authorizing the Secretary of State to allow qualified investigators to carry firearms while performing their official duties; establishing minimum training and certification requirements; requiring qualified personnel to secure a license to carry a concealed weapon in accordance with the provisions of the code,”

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2352, Clarifying that the West Virginia Department of Environmental Protection does not assume a mine operator’s obligations or liabilities under the Water Pollution Control Act,

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

            Com. Sub. for H. B. 2352 – “A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to clarifying that the West Virginia Department of Environmental Protection does not assume a mine operator’s obligations or liabilities under the Water Pollution Control Act for compliance with the mine operator’s National Pollutant Discharge Elimination System (‘NPDES’) Permit where the West Virginia Department of Environmental Protection performs reclamation at a bond forfeiture site; clarifying that reclamation efforts undertaken by the West Virginia Department of Environmental Protection at bond forfeiture sites are considered construction activities; and providing tax incentives for mine operators who reclaim bond forfeiture sites.”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2128, Providing that all employees have the right to review and copy the contents of their personnel file,

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

            Com. Sub for H. B. 2128 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to employee records; and requiring certain employers to provide access to or copies of an employee’s personnel file under certain circumstances and with certain limitations,”

            With the recommendation that the committee substitute do pass.

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

            H. B. 3065, Transferring land located in the Western District, Taylor County, West Virginia, from the State of West Virginia to the Taylor County Commission,

            And reports the same back with the recommendation that it do pass.

            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. 2265, Relating to the School Access Safety Act,

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

            Com. Sub. for H. B. 2265 – “A Bill to to amend and reenact §18-9F-9 of the Code of West Virginia, 1931, as amended, relating to requiring that the state board of education include, in the legislative rule on a model school crisis plan that it promulgates, certain protocols for responding to injuries and other medical emergencies on school property after normal school hours be included in school crisis response plans by certain date; and providing the applicability and requirements of those protocols as they apply to sports injuries,”

            H. B. 2498, Making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted,

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

            Com. Sub. for H. B. 2498 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §52-2-15, relating to grand jury proceedings; providing misdemeanor offense for disclosure of matters occurring before a grand jury under certain circumstances; providing exceptions; and providing criminal penalties,”

            H. B. 2805, Making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program,

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

            Com. Sub. for H. B. 2805 – “A Bill to repeal §3-12-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1A-5 of said code; and to amend and reenact §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-6, §3-12-7, §3-12-9, §3-12-10, §3-12-11, §3-12-13, §3-12-14 and §3-12-16 of said code, all relating to making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program; removing provisions permitting receipt of supplemental or rescue public campaign financing funds; providing certain findings; limiting collections by, and contributions to, a participating candidate in certain circumstances; requiring all contributions to candidates participating in the program be collected by the candidate’s financial agent; providing for the transfer of additional moneys to the program’s fund; allowing the program’s funds to be invested, with retained earnings; increasing the amounts of financing certified candidates may receive in contested elections; removing certain reporting requirements; removing the doubling of civil penalties in certain circumstances; and repealing the July 1, 2013, sunset provisions for the program and its fund,”

            H. B. 2825, Relating to certain appointive state officers salaries,

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

            Com. Sub. for H. B. 2825 - “A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to certain appointive state officers salaries,

            H. B. 2877, Permitting the Director of the Public Employees Insurance Agency to operate any of the agency's health benefits plans on a calendar year,

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

            Com. Sub. for H. B. 2877 - “A Bill to amend and reenact §5-16-3 of the Code of West Virginia, 1931, as amended, relating health benefit plans; permitting the Director of the Public Employees Insurance Agency to operate the Medicare retiree health benefits plans on a calendar year; requiring certain conditions; and providing that financial plans shall continue to be on a fiscal year basis,”

            H. B. 2946, Permitting the sale of alcoholic beverages on Sunday mornings,

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

            Com. Sub. for H. B. 2946 - “A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3A-18 of said code; to amend and reenact §60-7-10 and §60-7-12 of said code; and to amend and reenact §60-8-3 and §60-8-34 of said code, all relating to licenses for the sale of alcohol; allowing for the sale of nonintoxicating beer, wine and liquors by licensees on Sunday mornings within certain hours; authorizing the sale of alcohol by retail licensees on Sunday within certain hours; clarifying the restriction on certain prohibited electronic devices and machines at private club licensees; and effective date,”

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

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

            Com. Sub. for H. B. 2962 - “A Bill amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-22, relating to exemptions from the tax on the privilege of severing natural gas and oil; terminating a severance tax exemption for natural gas or oil produced from any horizontally drilled well that has not produced marketable quantities for five consecutive years immediately preceding the year in which such well is placed back into production and thereafter produces marketable quantities of natural gas or oil; defining terms; providing an exception thereto; and specifying a controlling effective date,”

            H. B. 3058, Relating to the valuation of motor vehicles for purposes of ad valorem property taxes,

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

            Com. Sub. for H. B. 3058 – “A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §11-1C-5c and §11-1C-5d, all relating to the valuation of motor vehicles for purposes of ad valorem property taxes; requiring a minimum valuation; requiring antique motor vehicles not used as a primary vehicle to be assigned an appraised value of up to $5,000; and providing that a reconciliation excise tax is imposed on the sale of an antique motor vehicle to recapture revenue from the sale,”

            H. B. 3062, Removing the cap for collections into the land division special revenue account of the Department of Agriculture,

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

            Com. Sub. for H. B. 3062 - “A Bill to amend and reenact §19-12A-6a of the Code of West Virginia, 1931, as amended, increasing the cap for collections into the land division special revenue account of the Department of Agriculture from $1,500,000 to $2,000,000 and dividing amounts in excess of the cap evenly between said special revenue account and the General Revenue Fund of the state,”

            H. B. 3069, Relating to access to justice,

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

            Com. Sub. for H. B. 3069 - “A Bill to amend and reenact §23-5-16 of the Code of West Virginia, 1931, as amended, relating to providing that attorney fees may be awarded for successful recovery of denied medical benefits in certain workers' compensation cases; and providing fee limits” , 

            And,

            H. B. 3072 West Virginia Coal Employment Enhancement Act,

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

            Com. Sub. for H. B. 3072 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2, §11-13DD-3, §11-13DD-4 and §11-13DD-5, all relating to providing a tax credit to coal producers who sell coal to taxpayers who increase their consumption of West Virginia coal in this state for the purpose of increasing coal production and coal related employment in West Virginia,”

            With the recommendation that the committee substitutes each do pass.

            At 6:06 p.m., on motion of Delegate Boggs, the House of Delegates recessed for ten minutes, and reconvened at that time.

            On motion for leave, bills were introduced (Originating in the Committee on Finance and reported with the recommendation that they each do pass), which was read bytheir titles, as follows:

By Delegates Williams, Marshall, Iaquinta, Skaff, Guthrie, Craig, R. Phillips, Miller, Walters and E. Nelson:

            H. B. 3162 - “A Bill to amend and reenact §18B-18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-8, §18B-18A-9 and §18B-18A-11 of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §18B-18A-3a, all relating to providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund generally; expanding the eligible recipients of matching funds to include West Virginia State University in certain circumstances; modifying criteria for eligibility to receive certain matching funds; and requiring new legislative rule,”

            And,

            By Delegates Iaquinta, Skaff, R. Phillips and Marshall:

            H. B. 3164 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-7-4b, relating to allowing part-time outside employment for full time prosecuting attorneys as long as it does not create a conflict of interest for the official.”

Leaves of Absence

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

            At 6:29 p.m., the House of Delegates adjourned until 1:00 p.m., Monday, April 1, 2013.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****