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House Journal


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

 

Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Monday, April 1, 2013

FORTY-EIGHT DAY

[Mr. Speaker, Mr. Thompson, in the Chair]

 

 

            The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Rick Thompson, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Friday, March 28, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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. 2470, Relating to sign support specialist or an educational sign language interpreter in the education of exceptional children,

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

            Com. Sub. for H. B. 2470 - “A Bill to amend and reenact §18-20-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-2-4 of said code; and to amend and reenact §18A-4-8 and §18A-4-8a of said code, all relating to school service personnel classification, compensation, duties, requirements and training; establishing certain service personnel classification titles and setting their wages; specifying employment requirements and duties for certain classifications titles; modifying certain service personnel classification titles; and establishing conditions for employer payment of and continuing education credit accrual for certain certification acquisition,”

            With the recommendation that the committee substitutes each do pass.

            At the respective requests of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B. 2470) was taken up for immediate consideration, read a first time and ordered to second reading.

            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. 2776, Increasing certain filing fees in certain civil actions,

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

            Com. Sub. for H. B. 2776 - “A Bill to amend and reenact §46-9-525 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-11 of said code, all relating to increasing certain filing fees; increasing fees for filing financing statements or other records in secured transactions; increasing fees for responding for requests for information related to secured transactions; increasing and establishing new filing fees in certain civil actions; and requiring that those new and increased fees be apportioned for deposit in the existing Fund for Civil Legal Services for Low Income Persons and other funds or for other purposes,”

            With the recommendation that the committee substitute do pass.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

            H. C. R. 12, Designating the annual observance of March 31 as “West Virginia State Trooper Day”.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

            H. C. R. 33, The “201st Artillery Drive”.

            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. 52 - “A Bill to repeal §18B-16-7, §18B-16-8 and §18B-16-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-16-1, §18B-16-2, §18B-16-3, §18B-16-4, §18B-16-5 and §18B-16-6 of said code, all relating to continuing the Rural Health Initiative; setting forth legislative findings, purpose and definitions; discontinuing the Rural Health Advisory Committee and assigning certain of its duties to the Vice Chancellor for Health Sciences; deleting the requirement for creation of primary health care education sites; clarifying certain funding mechanisms and audit and reporting requirements; strengthening accountability measures; updating names; making technical corrections; and deleting obsolete language”; which was referred to the Committee on Health and Human Resources then Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 146 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-3-2c, relating to permitting magistrate courts to collect unpaid costs, fines, fees, forfeitures, restitution and penalties it has imposed on a defendant; permitting those unpaid amounts to be deducted from a defendant’s income tax refund; providing a process for deducting and distributing those unpaid amounts; creating the Magistrate Fines and Fees Collection Fund; permitting the Tax Commissioner to charge an administrative fee; and providing rule-making authority”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

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

            S. B. 157 - “A Bill to amend and reenact §17B-2-2 of the Code of West Virginia, 1931, as amended, relating to driver’s licensing; and providing an exemption from the requirement for a Class D driver’s license for certain nonresident drivers”; which was referred to the Committee on Roads and Transportation then the Judiciary .

            A message from the Senate, by

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

            S. B. 331 - “A Bill to amend and reenact §29-26-2, §29-26-5 and §29-26-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eight new sections, designated §29-26-7, §29-26-8, §29-26-9, §29-26-10, §29-26-11, §29-26-12, §29-26-13 and §29-26-14, all relating to providing the West Virginia Courthouse Facilities Improvement Authority with the ability to issue bonds to raise funds for paying the costs of approved modifications or construction of courthouse facilities; defining terms; adding bond-related activities to the powers of the authority; providing that moneys from the West Virginia Courthouse Facilities Improvement Fund may be disbursed for payment of debt service on bonds; authorizing the authority to issue bonds; setting circumstances for bond issuance and potential terms of bonds; authorizing repayment of debt; permitting bonds be secured by trust agreement and setting certain parameters; permitting refunding bonds; clarifying that bonds by the authority are not a pledge of faith and credit of the state, county, municipality or other subdivision of the state; declaring bonds issued as negotiable instruments under the Uniform Commercial Code; exempting all bonds by the authority, as well as interest and income thereon, from taxation by the state or any subdivision; declaring that certain individuals have no personal liability in relation to issuance of bonds; and granting cumulative authority for exercising certain powers, including if no bonds are issued by the authority”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 394 - “A. Bill to amend and reenact §15-2-33 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-12 of said code, all relating to scholarships for dependent children of state troopers who die in performance of duty; and stating amount available per year”; which was referred to the Committee on Education then Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 428 - “A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-4-19 of said code, all relating generally to testing for HIV and sexually transmitted diseases; removing limitations on billing patients for HIV and sexually transmitted disease testing done by state or local public health agencies; and clarifying the provisions relating to performing HIV or STD tests on persons accused of a sexual offense”; which was referred to the Committee on Health and Human Resources then Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 448 - “A Bill to amend and reenact §17A-6-10c of the Code of West Virginia, 1931, as amended, relating to authorizing the commissioner to issue no more than ten additional special demonstration plates, upon a showing of need, to new and used motor vehicle dealers engaged in the business of selling trailers, truck-tractors, road-tractors or trucks and that demonstrate the motor vehicles under actual work conditions to potential purchasers; and setting fee amount for additional plates.”

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 448) 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. 463 - “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.”

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 463) 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. 482 - “A Bill to amend and reenact §3-2-30 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §59-1-2b, all relating to the preparation and sale of voter registration lists; exempting certain voter data from being provided; clarifying that records are to be kept in electronic form; permitting certain voter lists be obtained for noncommercial purposes from the clerk of the county commission or the Secretary of State; providing certain exemptions allowing the Secretary of State to provide voter information to others; setting forth the fees to be charged for the sale of voter registration lists; setting forth the types of lists and services that are available; requiring the net proceeds from the voter registration list sales be deposited in the State Election Fund; and clarifying that the Secretary of State may share voter information with those authorized to receive the information”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 488 - “A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to prohibiting damage to property of railroads, public utilities and certain production and distribution facilities; adding waste management facilities, storage facilities and timber operations to the protected properties; prohibiting destruction, damage or removal of property resulting in impairment to the normal, safe operation of those facilities; and providing criminal penalties”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 542 - “A Bill to amend and reenact §19-23-13b of the Code of West Virginia, 1931, as amended, relating to restricted races at pari-mutuel thoroughbred horse race tracks; permitting up to two restricted races at certain tracks if there are at least seven single betting interests; permitting a third restricted race at certain tracks if there are at least nine single betting interests; and eliminating a provision concerning if less than seventy-five percent of the restricted races fail to receive enough entries to race”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 563 - “A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to the purchase of scrap metal by scrap metal dealers; and excluding jewelry platinum, gold, silver and palladium from the definition of ‘scrap metal’”; 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. 596 - “A Bill to amend and reenact §31-15A-17b of the Code of West Virginia, 1931, as amended, relating to the determination of the amount of grant awards for Chesapeake Bay watershed compliance projects and the Greenbrier River watershed compliance projects”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 663 - “A Bill to repeal §18-5-37 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18-5D-1, §18-5D-2 ,§18-5D-3 and §18-5D-4, all relating to improving the nutrition and health of West Virginia’s children; creating the West Virginia Feed to Achieve Act; providing legislative findings and intent; phasing in implementation of the West Virginia Feed to Achieve Act; requiring nutritious breakfast and lunch be made available to all students; requiring all schools to adopt delivery systems, strategies and methods to maximize participation by students; providing for record keeping and reporting; authorizing continuation or termination of nutrition programs under certain conditions; providing that classroom teachers may not be required to operate a breakfast program as part of their regular duties; establishing nonprofit foundations or funds to provide moneys for school nutrition programs; providing for acceptance of private contributions; authorizing expenditures of private funds to draw down maximum federal funds for child nutrition; authorizing certain expenditures; prohibiting use of private funds for administrative or personnel expenses; authorizing partnerships with federal and state agencies and public and private organizations to expand options for providing healthy, nutritious food to children; encouraging healthy food initiatives such as community gardens and farm-to-school programs; and requiring an annual audit of the private funds”; which was referred to the Committee on Education.

            A message from the Senate, by

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

            Com. Sub. for S. C. R. 20 - “Requesting the Division of Highways to name State Route 80, beginning at the intersection of Routes 52 and 80 in Iaeger and ending at the intersection of Routes 83 and 80 in Bradshaw, in McDowell County, the ‘Army PFC Phill G. McDonald Memorial Highway’.”

            Whereas, PFC McDonald was born on September 13, 1941, to Oscar Fred and VanDora McDonald; and

            Whereas, PFC McDonald was raised in Avondale and had thirteen brothers and sisters; and

            Whereas, When PFC McDonald was about seventeen he moved to Greensboro, North Carolina, where his sister Alice resided and began working in a cedar plant; and

            Whereas, After moving to North Carolina PFC McDonald became active in the Central Assembly Church of God, taught Sunday School, sang in the choir, played the guitar and planned to become a minister; and

            Whereas, PFC McDonald joined the United States Army in Beckley, West Virginia, in 1967, took basic training at Fort Benning, Georgia, and served as a private first class in Company A, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division; and

            Whereas, PFC McDonald was posthumously awarded the Medal of Honor by President Nixon during a special ceremony at the White House, for his actions during a June 7, 1968, firefight near Kontum City in the Republic of Vietnam, during which he was killed; and

            Whereas, PFC McDonald’s Medal of Honor Citation reads in full: “For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Pfc. McDonald distinguished himself while serving as a team leader with the First Platoon, Company A. While on a combat mission his platoon came under heavy barrage of automatic weapons fire from a concealed company-size enemy force. Volunteering to escort two wounded comrades to an evacuation point, McDonald crawled through intense fire to destroy with a grenade an enemy automatic weapon threatening the safety of the evacuation. Returning to his platoon, he again volunteered to provide covering fire for the maneuver of the platoon from its exposed position. Realizing the threat he posed, enemy gunners concentrated their fire on McDonald’s position, seriously wounding him. Despite his painful wounds, McDonald recovered the weapon of a wounded machine gunner to provide accurate covering fire for the gunner’s evacuation. When other soldiers were pinned down by a heavy volume of fire from a hostile machine gun to his front, McDonald crawled toward the enemy position to destroy it with grenades. He was mortally wounded in this intrepid action. McDonald’s gallantry at the risk of his life which resulted in the saving of the lives of his comrades, is in keeping with the highest traditions of the military service and reflects great credit upon himself, his unit, and the U.S. Army”; and

            Whereas, PFC McDonald is McDowell County’s only Medal of Honor recipient; and

            Whereas, On February 23, 2012, during a special ceremony, PFC McDonald’s portrait and Medal of Honor citation were placed in the McDowell County Courthouse and in the hearts of all those who knew him; and

            Whereas, During that February 23, 2012, ceremony, VFW Post 1144, Iaeger, and American Legion Post 175, Bradshaw, combined to offer a 21-gun salute at the courthouse to honor PFC McDonald; and

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

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name State Route 80, beginning at the intersection of Routes 52 and 80 in Iaeger and ending at the intersection of Routes 83 and 80 in Bradshaw, McDowell County, the “Army PFC Phill G. McDonald Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the highway as the “Army PFC Phill G. McDonald Memorial Highway”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Army PFC Phill G. McDonald.

            A message from the Senate, by

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

            Com. Sub. for S. C. R. 22 - “Requesting the Division of Highways to name the bridge on highway U. S. 214 South, Oakhurst Drive and Deer Oaks Road in Kanawha County, Bridge No. 20-214-7.97, the ‘Joseph Albert “Joey” King, Jr., Memorial Bridge’.”

            Whereas, Joseph Albert “Joey” King, Jr., died in the line of duty as a volunteer firefighter on December 4, 2011, when he fell to his death from a bridge while looking for a fire. Joey was very dedicated to the Davis Creek and Ruthdale volunteer fire departments and the safety of his community. The first left from this bridge going south is the road that Joey traveled for years to and from home and work; and

            Whereas, Joseph Albert “Joey” King, Jr., was born on August 28, 1951, in Charleston, West Virginia, the son of Joseph and Betty Jo King. He grew up with his parents and his siblings: Arietta, Diana, Bethel and Linnie “Curley”. Joey was blessed to have three children: Edna, Joey III and LeAnne. Joey’s beloved only son passed away at age twelve in 1988. Joey later met his longtime companion, Sonja Kay, and helped raise her son, Anthony. Joey loved to travel to Florida on his motorcycle to visit his daughter and spend time with his granddaughters, Amanda and Skyler. He loved to ride and was a member of the Patriot Guard and The Red Knights motorcycle clubs. Joey spent many years working at Copley’s Wrecker Service. He later worked for the City of Charleston Sanitary Board as a mechanic, before retiring for health reasons. Joey served as a volunteer and took pride in being a firefighter. He found a way to help people and the community by becoming a volunteer firefighter, a task that lasted for the last seven years of his life; and

            Whereas, Joey originally started at the fire department to get Anthony interested in something worthwhile and positive. However, he soon realized that he had a knack for what a volunteer fire department does–helping people. He became not only a firefighter, but a great friend to many members of the department. He saw that he could use his mechanical skills to benefit the fire department by caring for the equipment. Most people will never realize how valuable an asset Joey was to the fire department. To his brother firefighters, he was a friend, brother and mentor, with many looking to him for personal advice to help them to get through life. One man stated at the memorial service that Joey was a “First responder” before there was such a thing, the man you wanted at an accident scene. On a lighter note, Joey loved to tease and play practical jokes on others. He enjoyed taking his nieces’ sons and granddaughters to his garage, sitting them on his motorcycle or taking them to the firehouse and putting them in the fire truck. Joey was always there for someone in need. People have said he was the nicest guy they knew and could never be replaced. Never once did he hesitate to help anyone in need of help; and

            Whereas, It is only fitting that we honor Joseph Albert “Joey” King, Jr., for his dedication to the Davis Creek and Ruthdale volunteer fire departments and the safety of his community, and for his contributions to his community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge on highway U. S. 214 South, Oakhurst Drive and Deer Oaks Road in Kanawha County, Bridge No. 20-214-7.97, the “Joseph Albert ‘Joey’ King, Jr., 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 “Joseph Albert ‘Joey’ King, Jr., Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the children, surviving relatives and companion of Joseph Albert “Joey” King, Jr.

            A message from the Senate, by

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

            S. C. R. 23 - “Requesting the Division of Highways to name bridge number 55-16/40-0.01, in Allen Junction, Wyoming County, West Virginia, the ‘Reverend Edward and Mary Mullins Memorial Bridge’.”

            Whereas, Reverend Edward and Mary Mullins moved to Allen Junction in 1951, when they purchased property across the Guyandotte River from Route 16; and

            Whereas, At the time, the residents living across the river from Route 16 had only a cable swinging foot bridge to reach their homes, but Reverend Mullins later purchased property on both sides of the river and allowed his property to be used for construction of a bridge that would enable the residents to reach their homes by automobile; and

            Whereas, In addition to playing an instrumental role in getting the bridge built at Allen Junction and serving as its longtime caretaker, Reverend Mullins also constructed a building for the community to use as its post office, and it was used in that capacity for many years; and

            Whereas, Reverend Mullins worked diligently in the coal mines while pastoring several churches over the years, and Mary served the churches he pastored as their secretary, janitor, baker or any other role in which she was needed. They both worked tirelessly to establish new churches in Wyoming County, some of which are still in existence today; and

            Whereas, Reverend Mullins later served as the state superintendent for his church organization and was responsible for overseeing numerous churches around the state; and

            Whereas, Reverend Edward and Mary Mullins were respected by all who knew them for their commitment to church and community and for the spirit of devoted service with which they lived their lives; and

            Whereas, Sadly, Reverend Edward Mullins passed away on June 22, 1970, and his beloved wife, Mary Mullins, followed him home to the Lord on January 6, 1975. They are survived by their children, James E. Mullins and Ruby Mullins Byrd, and their grandchildren, James Mullins, Lonnie Mullins, Robert Mullins and Deborah Mullins Conner; and

            Whereas, It is only fitting that we name this bridge, which Reverend and Mary Mullins were so instrumental in having built, to honor their many contributions to the community of Allen Junction and greater Wyoming County, and for their enduring legacy of service; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 55-16/40-0.01, in Allen Junction, Wyoming County, West Virginia, the “Reverend Edward and Mary Mullins Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge proclaiming the bridge the “Reverend Edward and Mary Mullins Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to James E. Mullins and Ruby Mullins Byrd.

            A message from the Senate, by

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

            S. C. R. 24 - “Requesting the Division of Highways to name U. S. Route 60 from Mile Post 31.50 to Mile Post 40.00 in Kanawha County the ‘Lou Tabit Highway’.”

            Whereas, Lou Tabit was born on July 24, 1932, in Montgomery, Fayette County, to Andrew and Frieda Tabit, immigrants from Lebanon; and

            Whereas, Lou Tabit graduated from Montgomery High School (now Valley High School), obtained an accounting degree from University of Notre Dame in 1954 and then proceeded to obtain his doctor of jurisprudence degree from Georgetown University Law Center in 1957; and

            Whereas, Lou Tabit married Norma Hanshaw and was blessed with two children, Mark and Janet; and

            Whereas, Lou Tabit practiced law for fifty years and also worked in state government, serving as a special assistant attorney general, Director of the Business Occupation Tax Division and as a state tax hearing examiner; and

            Whereas, Lou Tabit has worked for over fifty years to improve the quality of life of the citizens in the Upper Kanawha Valley in Kanawha and Fayette counties; and 

            Whereas, Lou Tabit recognized that an improved U. S. Route 60 would provide a safe commute for the local citizens and the students that attend West Virginia University School of Technology; and

            Whereas, Lou Tabit created and chairs the Committee to Upgrade U. S. Route 60 to work with the West Virginia Division of Highways to upgrade U. S. Route 60 to a four-lane highway; and

            Whereas, Lou Tabit successfully worked with the late Senator Robert C. Byrd and in 2010, the Division of Highways was awarded $4.5 million to repair slides along U. S. Route 60; and

            Whereas, In May 2012, the Kanawha County Commission recognized the efforts of Lou Tabit to improve U. S. Route 60 and proclaimed Lou Tabit to be an honorary citizen of Kanawha County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name U. S. Route 60 from Mile Post 31.50 to Mile Post 40.00 in Kanawha County the “Lou Tabit Highway”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the highway, containing bold and prominent letters, proclaiming this roadway to be the “Lou Tabit Highway”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, to the Kanawha County Commission and to Mr. Lou Tabit and his children, Mark Tabit and Mary Janet Tabit.

            A message from the Senate, by

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

            Com. Sub. for S. C. R. 29 - “Requesting the Division of Highways to name the bridge designated bridge number 20-64-54.37 the ‘Army Cpl. Kenneth R. Hess Bridge’.”

            Whereas, Cpl. Kenneth R. Hess was born on May 21, 1921, in Buena Vista, Virginia; and

            Whereas, Cpl. Kenneth R. Hess was inducted into the United States Army on August 6, 1942, at the age of twenty-one; and

            Whereas, Cpl. Kenneth R. Hess spent eleven months overseas, serving in England, France, Belgium, Holland and Germany during the Second World War; and

            Whereas, Cpl. Kenneth R. Hess was a member of Company D of the 377th Infantry Regiment of the 95th Infantry Division organized in Texas; and

            Whereas, The members of the 95th Infantry Division are known as the “Iron Men of Metz”, and renowned for fighting back fierce German counterattacks and for the eventual liberation of the town of Metz, in the northeast of France; and

            Whereas, The people of Metz, and of France, have never forgotten the contributions of the Iron Men of Metz; and

            Whereas, In honor of his service, which included maintaining and repairing weapons of an infantry heavy weapons company, Cpl. Kenneth R. Hess was honored by the French government with the Orde National de la Legion d’Honneur, presented to him in a ceremony at the French Embassy in Washington, D. C.; and

            Whereas, Cpl. Kenneth R. Hess was also honored by the United States Army with a Good Conduct Medal, three Bronze Service Stars, France and Germany Theater Ribbons and an American Theater Ribbon; and

            Whereas, Cpl. Kenneth R. Hess was honorably discharged from the United States Army on November 11, 1945; and

            Whereas, Cpl. Kenneth R. Hess returned to the United States, where he worked for thirty-eight years as a millwright at Union Carbide until his retirement; and

            Whereas, It is fitting and proper that the outstanding service to his country by Cpl. Kenneth R. Hess be honored by naming the bridge designated bridge number 20-64-54.37 the “Cpl. Kenneth R. Hess Bridge”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge designated bridge number 20-64-54.37 the “Army Cpl. Kenneth R. Hess 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 Cpl. Kenneth R. Hess Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Cpl. Kenneth R. Hess.

            A message from the Senate, by

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

            S. C. R. 30 - “Requesting that bridge number 55-10-43.05 on Route 10 in Cyclone, Wyoming County, West Virginia, be named the ‘Army SP4 Jackie (Hearn) McMillion Memorial Bridge’.”

            Whereas, Jackie (Hearn) McMillion was born on February 9, 1945, in Boyd County, Kentucky, and moved to Cyclone, West Virginia, at the age of two; and

            Whereas, Jackie (Hearn) McMillion attended Road Branch Grade School and graduated from Oceana High School in 1963; and

            Whereas, Jackie (Hearn) McMillion enlisted in the United States Army on June 6, 1963, and completed his basic training at Fort Knox, Kentucky; and

            Whereas, Jackie (Hearn) McMillion served with the Fourth Cavalry Airborne Division in Vietnam and achieved the rank of Specialist Four; and

            Whereas, SP4 Jackie (Hearn) McMillion was killed in action at Au Bau Bang in the Binh Duong province of South Vietnam on November 12, 1965, the only resident of Cyclone, West Virginia, to lose his life while on active duty in Vietnam; and

            Whereas, SP4 Jackie (Hearn) McMillion was survived by his wife, Lois Altizer McMillion; daughter, Jackie McMillion, whom he never met; parents, Mr. and Mrs. W. H. Hearn; nine brothers, Donald, James, Herbert, Ronald, Henry, William, Scott, David and Jeffery Hearn; six sisters, Mrs. Betty Hogg and Mary, Virginia, Lottie, Kathy and Bertha Hearn; and grandparents Mr. and Mrs. Sherman McMillion; and

            Whereas, It is fitting and proper that SP4 Jackie (Hearn) McMillion be remembered and acknowledged for his courageous action and ultimate sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 55-10-43.05 on Route 10 in Cyclone, West Virginia, the “Army SP4 Jackie (Hearn) McMillion 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 SP4 Jackie (Hearn) McMillion Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of SP4 Jackie McMillion.

            A message from the Senate, by

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

            S. C. R. 32 - “Requesting the Division of Highways name bridge number 31-857-10.20 over Cheat Lake, Monongalia County, West Virginia, the ‘U. S. Army and Air National Guard Col. Garry L. Bowers - Ices Ferry Bridge’.”

            Whereas, Garry L. Bowers was a life-long resident of Morgantown where he attended West Virginia University starting his first public service job at the WCLG AM/FM Radio Station in Morgantown, West Virginia, as an announcer; and

            Whereas, In 1983, he became the owner of WCLG after many years of service; and

            Whereas, During his tenure at WCLG Garry L. Bowers began his second public service job by joining the Army National Guard in 1966; and

            Whereas, After four years of service, he transferred to the Air National Guard in 1970; and

            Whereas, During his service in the Air National Guard, Garry L. Bowers served active duty at Air Force Systems Command and then SAF/PA at the Pentagon, with a final assignment as the Reserve Deputy Director of Public Affairs; and

            Whereas, Upon retirement in 1998, he achieved full Colonel for his dutiful service; and

            Whereas, While serving his country, Colonel Garry L. Bowers also served his community by chartering the Rotary Club of Cheat Lake, West Virginia, in 1979; and

            Whereas, Garry L. Bowers became the first inaugural President of the Rotary Club of Cheat Lake, West Virginia, which committed itself, past and present, to various community initiatives, such as support of many annual scholarships, Cheat Lake Baseball Fields and Cheat Lake Volunteer Fire Department; and

            Whereas, Upon that fateful day in 2011, Colonel Garry L. Bowers passed away upon giving complete devotion of service to country and community; and

            Whereas, It is only fitting and proper that this bridge be named in his honor and that it henceforth stand as a permanent memorial so that Colonel Garry L. Bowers’ supreme public service for our nation and his community will never be forgotten; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 31-857-10.20 over Cheat Lake, Monongalia County, West Virginia, the “U. S. Army and Air National Guard Col. Garry L. Bowers - Ices Ferry 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 “U. S. Army and Air National Guard Col. Garry L. Bowers - Ices Ferry Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the family of Colonel Garry L. Bowers and to the Secretary of the Department of Transportation.

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

            S. C. R. 34 - “Requesting the Division of Highways to name bridge number 50-36-0.30 on Sunnyside Road, just outside of Fort Gay, crossing over Mill Creek, in Wayne County, West Virginia, the ‘Mavis Granny Castle Bridge’.”

            Whereas, Mavis Castle, eighty-nine years old, was born, raised and has lived all her life on Sunnyside Road in Wayne County, West Virginia; and

            Whereas, Mavis Castle, until she was sixty years of age, worked for vocational rehabilitation; and

            Whereas, During the same year of her retirement from vocational rehabilitation, Mavis Castle began volunteering as a foster grandparent in the Wayne County school system, where she continues, to date, and has served in this capacity for a spectacular twenty-eight years; and

            Whereas, In light of her nearly three-decade span of valuable volunteer service, most of this at Fort Gay Elementary School, it is only fitting that a bridge near the town of her devoted service be named after her, in her honor and as a token of appreciation; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 50-36-0.30 on Sunnyside Road, just outside of Fort Gay, crossing over Mill Creek, Wayne County, West Virginia, the “Mavis Granny Castle Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge, in bold and prominent letters, as the “Mavis Granny Castle Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Mavis Castle, to her son, Larry Castle, and to the Secretary of the Department of Transportation.

Resolutions Introduced

            Delegates Marcum and White offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 112 - “Requesting that bridge number 30-3/2-0.03, currently known as the Dingess Concrete Bridge, 0.13 mile east of Route 3/12, on County Route 3/2 over Moses Fork, Mingo County, West Virginia, be named the ‘Army Command Sergeant Major Wade Damron Memorial Bridge’.”

            Whereas, Command Sergeant Major Wade Damron, son of William and Cleo Damron, was born in Dingess, West Virginia and attended Lenore High School; and

            Whereas, Command Sergeant Major Wade Damron enlisted in the United States Army in 1952 at age seventeen, with his parent’s permission; and

            Whereas, Command Sergeant Major Wade Damron completed high school while in the Army, and later graduated from the University of South Carolina; and

            Whereas, Command Sergeant Major Wade Damron rose through the ranks, serving his last tour or duty of a twenty-year military career as Army Command Sergeant Major at the Drill Sergeant School in Fort Jackson, South Carolina; and

            Whereas, Command Sergeant Major Wade Damron served three years in Germany, and was awarded stars for gallantry in action for his service in Korea and three tours of duty in Vietnam; and

            Whereas, During Army Command Sergeant Major Wade Damron’s service in Vietnam he was instrumental in building and supplying an orphanage; and

            Whereas, Army Command Sergeant Major Wade Damron was responsible for having a statue of a drill sergeant placed at the drill sergeant school at Fort Jackson; and

            Whereas, In his honor, a flag was flown over the United States Capitol Building on February 8, 2006, his seventy-first birthday, and was presented to his wife, Joan; and

            Whereas, Army Command Sergeant Major Wade Damron died February 16, 2006 in Columbia, South Carolina and received full military honors with General James B. Allen delivering his eulogy; and

            Whereas, Medals awarded Army Command Sergeant Major Wade Damron, during his miliary career, included: Two Silver Stars, Bronze Star, United Nations Service Medal, National Defense Service Medal, Korean Service Medal, Republic of Korea Presidential Unit Citation Badge, Medical Badge, Combat Infantryman Badge, three Purple Hearts, Armed Force Expeditionary Medal, six OS Bars, five Good Conduct Medals, Vietnam Service Medal, Vietnam Campaign Medal and Army Commendation Medal; and

            Whereas, Army Command Sergeant Major Wade Damron completed the basic leadership course, TUSANCO Academy, in 1972; was a charter member of the Association of United States Army; and was a founding sponsor of the National Museum of the United States Army at Arlington, Virginia; and

            Whereas, Following his outstanding military career, Wade Damron enjoyed additional careers as personnel director at Richland Memorial Hospital and Blue Cross/Blue Shield and as president of Garnet Distribution; and

            Whereas, It is fitting that an enduring memorial be established to commemorate the achievements of this native son; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 30-3/2-0.03, currently known as the Dingess Concrete Bridge, 0.13 mile east of Route 3/12, on County Route 3/2 over Moses Fork, Mingo County, West Virginia, the “Army Command Sergeant Major Wade Damron Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army Command Sergeant Major Wade Damron Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to family members of Wade Damron.

            Delegates Fleischauer, Skinner, Manypenny, Moore, Barill, Pino, Rowan, R. Smith, Sponaugle, Sobonya, Ellington, Ambler, Arvon, Azinger, Barrett, Campbell, Canterbury, Cooper, Diserio, Eldridge, A. Evans, Faircloth, Ferns, Hamrick, Hartman, Iaquinta, Marshall, Moye, Pasdon, L. Phillips, Pethtel, D. Poling, M. Poling, Raines, Staggers, Storch, Stowers, Sumner and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 113 - “Requesting the Joint Committee on Government and Finance to authorize a study on the need for and the constitutionality of a revenue surcharge designated for live adult entertainment establishments that serve alcohol.”

            Whereas, Nearly one in five women have been raped at some point in their lives in the United States and nearly one in two women have experienced sexual violence other than rape at some point in their lives in the United States; and

            Whereas, There is a need for sexual assault prevention services and rape crisis centers in every county in the state but because of limited funds, services are limited; and

            Whereas, The states of Texas and Illinois have both established a surcharge for live adult entertainment establishments that serve alcohol that is dedicated to rape prevention services. The revenue from such a surcharge could be allocated to a sexual assault services and prevention fund and rape crisis centers; and

             Whereas, There is a need to determine whether there is a sufficient correlation between the secondary effects of alcohol at live adult entertainment establishments and domestic violence and sexual violence for a surcharge to be implemented and considered constitutional; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study on the establishment of a live adult entertainment facility surcharge and the creation of a sexual assault services and prevention fund; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, no later than the first day of the regular session 2014, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it

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

Special Calendar

Third Reading

            Com. Sub. for H. B. 2512, Reforming the State Medicaid subrogation statute; 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. 106), 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, Manypenny, J. Nelson, Pasdon and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2512) 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. 2531, Relating to the practice of speech-language pathology and audiology; 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. 107), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Ellem.

            Absent and Not Voting: Ferns, Manypenny, J. Nelson and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2531) passed.

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

            On this question, the yeas and nays were taken (Roll No. 108), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Ferns, Manypenny, J. Nelson and Storch.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2531) takes effect from its passage.

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

            Com. Sub. for H. B. 2550, Adding criminal offense of receiving materials depicting minors in sexually explicit conduct; 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. 109), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Ferns, Manypenny, J. Nelson and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2550) 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. 2571, Relating to who may serve as members of the environmental quality board; on third reading, coming up in regular order, was, on motion of Delegate Boggs, placed at the foot of bills on third reading.

            Com. Sub. for H. B. 2759, Relating to standards for emergency medical service personnel; 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. 110), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Ferns, Manypenny, J. Nelson and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2759) 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. 2766, Creating the “West Virginia Winner” program; 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. 111), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Cadle, Gearheart, Householder, Howell and Kump.

            Absent and Not Voting: Ferns, Manypenny, J. Nelson and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2766) 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. 2888, Allowing members of a policemen’s civil service commission to serve on other local boards and commissions; 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. 112), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Kump.

            Absent and Not Voting: Ferns, Manypenny, J. Nelson and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2888) 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. 2940, Relating to regional meetings among certain officials of county boards of education; 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. 113), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Ellem.

            Absent and Not Voting: Ferns, Manypenny, J. Nelson and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2940) 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. 2966, Relating to employment and privacy protection; 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. 114), and there were--yeas 96, nays none, absent and not voting 4, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Ferns, Manypenny, J. Nelson and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2966) 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. 3086, Relating to juvenile services and criminal justice 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. 115), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Romine             

            Absent and Not Voting: Ferns, Manypenny, J. Nelson and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3086) passed.

            Delegate Boggs moved that the bill take effect July 1, 2013.

            On this question, the yeas and nays were taken (Roll No. 116), 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: Cooper, Ferns, Manypenny, J. Nelson and Storch.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3086) takes effect July 1, 2013.

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

            H. B. 3104, Authorizing certain legislative rules regarding higher education; 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. 117), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Andes, Ellem, Lane, R. Smith and Walters.

            Absent and Not Voting: Ferns, Manypenny and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3104) passed.

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

            On this question, the yeas and nays were taken (Roll No. 118), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Howell, Kump, R. Smith and Walters.

            Absent and Not Voting: Ferns, Manypenny and J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3104) takes effect from its passage.

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

            H. B. 3159, Granting exceptions from certain compulsory attendance statutes to the Monroe and Nicholas County school systems; 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. 119), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Cowles, Howell and Lane.

            Absent and Not Voting: Ferns, Manypenny and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3159) passed.

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

            On this question, the yeas and nays were taken (Roll No. 120), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Cowles, Howell and Kump.

            Absent and Not Voting: Ferns, Manypenny and J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3159) takes effect from its passage.

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

 

            At 1:46 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 4:00 p.m., and reconvened at that time.

* * * * * * *

Afternoon Session

* * * * * * *

Special Calendar

-Continued-

Reordering of the Calendar

            Delegate Boggs announced that the Committee on Rules had transferred Com. Sub. for H. B. 2626 and Com. Sub. for H. B. 2754, on third reading, House Calendar, to the Special Calendar.

Third Reading

            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 read a third time

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 121), and there were--yeas 68, nays 28, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Armstead, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellington, A. Evans, D. Evans, Faircloth, Hamrick, Howell, Ireland, Kump, Lane, Miller, Overington, Pasdon, Romine, Rowan, R. Smith, Sobonya and Walters.

            Absent and Not Voting: Ferns, Iaquinta, Manypenny and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2626) passed.

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

            On this question, the yeas and nays were taken (Roll No. 122), and there were--yeas 74, nays 22, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Border, Butler, Cadle, Cowles, Ellington, D. Evans, Faircloth, Gearheart, Hamrick, Howell, Ireland, Kump, Lane, Overington, Pasdon, Rowan, R. Smith, Sobonya, Walters and Westfall.

            Absent and Not Voting: Ferns, Iaquinta, Manypenny and J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2626) takes effect from its passage.

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

            Com. Sub. for H. B. 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 read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 123), and there were--yeas 84, nays 12, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Armstead, Cadle, Cowles, Espinosa, Folk, Gearheart, Householder, Howell, Overington, R. Smith, Sobonya and White.

            Absent and Not Voting: Ferns, Iaquinta, Manypenny and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2754) passed.

            On motion of Delegate Boggs, the House of Delegates then reconsidered the vote on the passage of the bill.

            The question again being on the passage of the bill, the yeas and nays were taken (Roll No. 124), and there were--yeas 77, nays 19, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Armstead, Border, Cadle, Cowles, Espinosa, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Miller, Overington, Raines, R. Smith and Sobonya.

            Absent and Not Voting: Ferns, Iaquinta, Manypenny and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2754) 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. 2571, Relating to who may serve as members of the environmental quality board; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 125), and there were--yeas 74, nays 22, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Ambler, Armstead, Ashley, Butler, Espinosa, D. Evans, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, E. Nelson, O'Neal, Overington, Shott, Sobonya and Westfall.

            Absent and Not Voting: Ferns, Iaquinta, Manypenny and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2571) passed.

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

            On this question, the yeas and nays were taken (Roll No. 126), and there were--yeas 77, nays 19, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Ambler, Armstead, Butler, Cowles, Espinosa, Faircloth, Gearheart, Hamrick, Householder, Howell, Kump, Lane, McCuskey, E. Nelson, O’Neal, Overington, Shott, Sobonya and Westfall.

            Absent and Not Voting: Ferns, Iaquinta, Manypenny and J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2571) takes effect from its passage.

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

Second ReadingCom. Sub. for H. B. 2716, Relating to the West Virginia Fairness in Competitive Bidding Act; 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. 2727, Relating to the school aid formula; 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. 2866, Providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet; 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. 2938, Establishing fair trade practices for court reporters; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with restricted right to amend by Delegate Miley, and the rule was suspended to permit the consideration of the amendment on that reading.

            H. B. 2954, Requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature; 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. 2979, Relating to broadband deployment projects; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 3043, Including methane monitoring equipment as eligible safety equipment for tax credit purposes; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate White, the bill was amended on page three, section three, line twenty-three, following the word “includes”, by striking out the words “portable and”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 3135, Relating generally to voting system certification and procedures at the central counting center; 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. 3145, Removing the existing maximum quantities of beer that retailers can sell for off premises; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

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

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

            Com. Sub. for H. B. 2265, Relating to the School Access Safety Act,

            Com. Sub. for 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,

            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,

            Com. Sub. for H. B. 2357, Relating to sexting by minors,

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

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

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

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

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

            Com. Sub. for 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,

            Com. Sub. for H. B. 2513, Improving enforcement of drugged driving offenses,

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

            Com. Sub. for H. B. 2544, Improving state emergency preparedness,

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

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

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

            Com. Sub. for H. B. 2600, Creating resort area districts,

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

            Com. Sub. for H. B. 2689, Authorizing miscellaneous Boards and Agencies to promulgate legislative rules,

            Com. Sub. for H. B. 2722, Increasing the amount of special license fees paid by pipeline companies,

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

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

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

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

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

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

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

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

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

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

            Com. Sub. for 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,

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

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

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

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

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

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

            Com. Sub. for H. B. 3020, Improving boat dock and marina safety,

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

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

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

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

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

            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,

            Com. Sub. for H. B. 3069, Relating to access to justice,

            Com. Sub. for H. B. 3072, West Virginia coal employment enhancement act,

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

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

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

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

            H. B. 3161, Repealing section relating to additional fee to be collected for each marriage license issued,

            H. B. 3162, Expanding the eligible recipients of matching funds to include West Virginia State University in certain circumstances, and modifying criteria for eligibility,

            H. B. 3163, Requiring all debt obligations of the West Virginia parkways authority to be satisfied by February 1, 2020,

            And,

            H. B. 3164, Allowing part-time outside employment for full time prosecuting attorneys.

Leaves of Absence

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

            At 4:38 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, April 2, 2013.

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