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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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__________*__________



 

Friday, April 5, 2013

FIFTY-SECOND 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, April 4, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Morgan, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            Com. Sub. for S. B. 158, Creating Complete Streets Act,

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

            Delegate Morgan, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            Com. Sub. for S. B. 324, Allowing boards licensing persons engaging in manufacture, distribution or dispensing controlled substances set fees by legislative rule,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 324) was referred to the Committee on the Judiciary.

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

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

            S. B. 462, Extending time for informal conferences on surface mining permit applications,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (S. B. 462) was referred to the Committee on the Judiciary.

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

            Your Committee on Roads and Transportation has had under consideration:

            S. B. 190, Relating to public-private transportation projects funding,

            And,

            Com. Sub. for S. B. 454, Relating to taxation of alternative motor fuels,

            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 (S. B. 190 and Com. Sub. for S. B. 454) were each referred to the Committee on Finance.

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

            Your Committee on Political Subdivisions has had under consideration:

            Com. Sub. for S. B. 564, Increasing minimum construction cost of municipal public works project before competitive bidding is required,

            And reports the same back, with amendment, with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 564) was referred to the Committee on the Judiciary.

            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:

            Com. Sub. for S. B. 60, Relating to name-change notice publication requirements,

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

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

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

            S. B. 108, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.

            And reports the same back, with amendment, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.

            In the absence of objection, reference of the bill (S. B. 108) to the Committee on Government Organization was abrogated.

            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:

            S. B. 21, Creating Health Care Provide Transparency Act ,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (S. B. 21) was referred to the Committee on the Judiciary.

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

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

            Com. Sub. for S. B. 433, Creating informal dispute resolution process for DHHR providers or licensees,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 433) was referred to the Committee on the Judiciary.

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

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

            S. B. 557, Continuing Preventive Care Pilot Program,

            And reports the same back with an amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Government Organization.

            In accordance with the former direction of the Speaker, the bill (S. B. 557) was referred to the Committee on Government Organization.

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

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

            Com. Sub. for S. B. 580, Updating requirements for dental intern, resident and teaching permits,

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

            On motion for leave, resolutions were introduced (Originating in the Committee on Senior Citizen Issues and reported with the recommendation that they each do be adopted), which were read by their titles, as follows:

By Delegates Williams, Moye, Perdue, Perry, Pino, Pethtel, Manypenny, Ferro, Stephens, Campbell, Border, R. Smith, Rowan, Young, Faircloth, Raines, O’Neal, Sumner and Arvon:

            H. C. R. 127 - “Requesting the Joint Committee on Government and Finance to study adult day care services in West Virginia.”

            Whereas, Adult day services provide low-cost quality services to medically frail adults and seniors with disabilities at home and in their communities; and

            Whereas, Adult day services provide a significant respite for caregivers, enabling them to work outside of the home or to take a much-needed break from the rigors of 24-hour caregiving; and

            Whereas, Three main models of adult day services exist: medical model adult day care, adult day health services, and social model adult day care; and

            Whereas, Compared to the nation, access to all three models of adult day services is extremely limited in West Virginia; and

            Whereas, West Virginia only regulates medical model adult day care, but presently no medical model day cares operate in West Virginia; and

            Whereas, West Virginia is the only state that does not provide for Medicaid reimbursement of any type of adult day services; and

            Whereas, a 2007 West Virginia Adult Day Roundtable Report recommended that West Virginia regulate adult day health services as its preferred model of adult day services; and

            Whereas, the 2012 Make a Plan for Alzheimer’s report recommended that West Virginia regulate adult day health services and provide for Medicaid reimbursement of those; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the barriers to widespread utilization of adult day care services across West Virginia; and, be it

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

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

By Delegates Williams, Moye, Perdue, Perry, Pino, Pethtel, Manypenny, Ferro, Stephens, Campbell, Border, R. Smith, Rowan, Young, Faircloth, Raines, O’Neal, Sumner and Arvon:

            H. C. R. 128 – “Requesting the Joint Committee on Government and Finance to study the needs, challenges and issues facing senior citizens in finding personal care services.”

            Whereas, West Virginia currently has the second largest senior population in the country with sixteen percent of the state’s population being sixty five years of age or older; and

            Whereas, It has been estimated that over eight out of ten individuals sixty-five years of age and older will suffer one or more chronic conditions in their lifetime with six out of ten facing the need for long-term care; and

            Whereas, The availability of personal care services is crucial in allowing individuals to remain in their homes, preserving a better quality of life as they age by avoiding long-term institutional care; and

            Whereas, The current certificate of need standards and processes for personal care services have not been updated for several years which may have the effect of limiting the availability of personal care services and freedom of choice; 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 of the needs, challenges and issues facing West Virginia’s senior citizens in finding personal care services including the impact of the existing certificate of need standards and process on such service availability; and, be it

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

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

By Delegates Williams, Moye, Perdue, Perry, Pino, Pethtel, Manypenny, Ferro, Stephens, Campbell, Border, R. Smith, Rowan, Young, Faircloth, Raines, O’Neal, Sumner and Arvon:

            H. C. R. 129 - “Requesting the Joint Committee on Government and Finance to study the deficiencies in home caregiver assistance for senior citizens.”

            Whereas, Nationwide 70% of homebound Alzheimer’s diagnosed individuals need assistance with activities of daily living; and

            Whereas, Majority of homebound senior citizens rely on unpaid caregiver support with preference of remaining in home which is more cost effective; and

            Whereas, Cost-effective senior citizen in home services decrease the need for public assistance; and

            Whereas, As the population of senior citizens expand, there will be an increasing need for long-term services; and be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study of the deficiencies facing West Virginia’s senior citizens’ in finding more efficient methods of providing education and support for in home caregiver assistance ; and, be it

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

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

            And,

By Delegates Williams, Moye, Perdue, Perry, Pino, Pethtel, Manypenny, Ferro, Stephens, Campbell, Border, R. Smith, Rowan, Young, Faircloth, Raines, O’Neal, Sumner and Arvon:

            H. C. R. 130 - “Requesting the Joint Committee on Government and Finance to study the feasibility of updating state laws that strengthen protections against elder abuse, exploitation and fraud.”

            Whereas, Research indicates that two million elders are abused in the United States by telemarketing fraud or paid caregiver con-artists; and

            Whereas, The National Center on Elder Abuse (NCEA) and the West Virginia Financial Exploitation Workgroup manage research, training, best-practices, news and resources on safeguarding elder mistreatment; and

            Whereas, Elder mistreatment can also include physical abuse, emotional abuse, sexual abuse, exploitation, neglect and abandonment; and

            Whereas, Review of laws to protect consumers, prepare prosecutors, and acquiring knowledge of neighboring states definitions of financial exploitation are of great potential significance to West Virginia as a continuing method to ensure the continued protection of elder abuse and to the general interests of the state as a strategy to eliminate mistreatment; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the issues of elder abuse, exploitation and fraud; and, be it

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

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

            The Speaker referred the resolutions (H. C. R. 127, H. C. R. 128, H. C. R. 129 and H. C. R. 130) to the Committee on Rules.

Resolutions Introduced

            Delegates Frich, Manchin, Ellem, Sobonya, Marshall, Barill, Pasdon, Walters, Longstreth, McCuskey, Ambler, Anderson, Armstead, Arvon, Ashley, Azinger, Barrett, Border, Butler, Cadle, Canterbury, Eldridge, Ellington, Espinosa, D. Evans, Folk, Gearheart, Hamilton, Hamrick, Householder, Howell, Kump, Lane, Lawrence, Lynch, E. Nelson, Raines, Romine, Rowan, Shott, Skinner, R. Smith, Storch, Sumner, Wells, Westfall and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 123 - “Requesting the Joint Committee on Government and Finance to study the feasibility of reapportioning the number of magistrates among our counties to achieve greater efficiencies in the administration of justice.”

            Whereas, The Legislature recognizes the need of our system for the efficient administration of justice as close to the people as possible; and

            Whereas, The Legislature recognizes that our magistrates are the members of our judicial system who are most frequently encountered by the public, and that the magistrates of our state deal with a wide variety of cases and controversies; and

            Whereas, The Legislature seeks to address concerns that the numbers of magistrates in some counties are too few to adequately do the amount of work required; and

            Whereas, The Legislature believes there is a need to determine whether greater efficiencies to the public in the administration of justice could be achieved if an adequate number of magistrates were available in every county to do the work of administering justice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance study the feasibility of reapportioning the number of magistrates among our counties to achieve greater efficiencies in the administration of justice; and, be it

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

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

            Delegates Fleischauer, Barill, Barrett, Butler, Cadle, Cooper, Craig, Eldridge, A. Evans, Ferro, Hartman, Iaquinta, Manypenny, Marcum, Moye, Paxton, Pethtel, R. Phillips, Pino, D. Poling, Romine, Rowan, Skaff, Skinner, R. Smith, Sponaugle, Staggers, Stowers, Wells and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 124 - “Requesting the Joint Committee on Government and Finance to study whether all operators of underground facilities should be required to be a member of a one-call system, West Virginia 811, also known as Miss Utility of West Virginia.”

            Whereas, Under current West Virginia law, any privately owned public water utility regulated by the Public Service Commission, any state agency, any municipality or county, or any municipal or county agency are exempt from being a member of the one-call system for the area in which the underground facility is located; and

            Whereas, West Virginia has over four hundred memberships of businesses and organizations comprised of utilities, oil and gas producers, pipeline companies, telecommunication providers and related businesses and organizations throughout the state; and

            Whereas, While some underground facility operators are required to be members, West Virginia 811 is unable to provide a one hundred percent accurate report to the caller or excavator due to one-fourth of the underground facility operators being exempt from membership; and

            Whereas, Requiring all operating underground facilities to have membership with the West Virginia 811 call system will improve public safety, contractor safety and greater reporting accuracy; and

            Whereas, West Virginia 811 provides underground mapping to prevent accidents from digging; and

            Whereas, Because not everyone is a member, there are gaps in the map provided by West Virginia 811; and

            Whereas, If all underground facilities are not required to be a member of the one-call system, individuals and/or contractors could possibly be injured or killed; and

            Whereas, Without accurate mapping of all underground facilities, there is a likelihood that important utility services could be damaged or interrupted; and

            Whereas, While not required, exempted facilities may voluntarily become members of the one call system. Currently, approximately three-fourths of the members of West Virginia 811 are voluntary members; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to authorize a study to show whether there is a need to require the currently exempt operators of underground facilities to be members of a one-call system, West Virginia 811, also known as Miss Utility of West Virginia; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, no later than the first of day of the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, if any, 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.

            Delegate Azinger offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 125 - “Requesting the Division of Highways name bridge number 54-14-7.55, currently known as the ‘Mineral Wells I-77 Overpass Bridge’, carrying both north and south bound lanes, in Wood County, the ‘Army Sergeant Richard Bowry Memorial Bridge’.”

            Whereas, In 1861, shortly after the outbreak of the Late Unpleasantness, also known as the Civil War, Parkersburg resident Richard Bowry answered the call of duty and enlisted in the Union Army in Wirt County, West Virginia on August 30, 1861; and

            Whereas, Due to Richard Bowry’s love and knowledge of horses, was assigned to Company “B”, 1st Virginia Calvary, which later was combined with other companies and became Company “C”, 1st West Virginia Calvary; and

            Whereas, Richard Bowry was promoted to Corporal in July 1863, and to Sergeant in 1864 and at the end of his first enlistment, he was again mustered into service at New Creek (now Keyser), West Virginia, on January 1, 1864; and

            Whereas, The Regimental history of the 1st West Virginia Calvary describes the unit as being one of the more active units in the Civil War; and

            Whereas, During the Battle of Charlottesville, in the action at Waynesboro, Virginia on March 8, 1865, Sergeant Richard Bowry, despite having suffered a severe gunshot wound to his leg with the bullet having lodged in his boot, courageously continued his pursuit of the enemy and eventually captured a Battle Flag of the enemy; and

            Whereas, In recognition of his heroic exploits during the Battle of Charlottesville, Sergeant Richard Bowry became one of West Virginia’s first recipients of the Congressional Medal of Honor; and

            Whereas, Sergeant Richard Bowry was discharged on July 8, 1865, at Wheeling, West Virginia and returned home to Parkersburg, West Virginia and became a successful farmer and landowner and in his later years, he became a guard at the old Terrapin Park; and

            Whereas, Sergeant Richard Bowry died on July 5, 1914, at the age of 78 years and is interred at Parkersburg Memorial Park, Parkersburg, West Virginia; and

            Whereas, It is only fitting and proper that the military service and heroism of Sergeant Richard Bowry, recipient of the Medal of Honor, be recognized by the naming of a bridge in his home county of Wood in his honor; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 54-14-7.55, currently known as the “Mineral Wells I-77 Overpass Bridge”, carrying both north and south bound lanes, in Wood County, the “Army Sergeant Richard Bowry Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Army Sergeant Richard Bowry Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of Sergeant Richard Bowry and the Secretary of the Department of Transportation.

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

            H. C. R. 126 - “Requesting the Division of Highways to rename a one mile stretch of Route 49, Schoolhouse Road, in Matewan, West Virginia, the middle point of which shall be the point in the road closest to the Matewan High School football field, the ‘John Jacob Fry II Memorial Highway’.”

            Whereas, John Jacob Fry II was born on February 11, 1985 in Williamson, West Virginia to Barbara Sue Hatfield Fry and the late John Arthur Fry; and

            Whereas, John Jacob Fry II attended and played football for the Matewan Middle School and High School Tigers; and

            Whereas, John Jacob Fry II graduated from Marshall University with a Bachelor of Arts degree in History; and

            Whereas, John Jacob Fry II worked as a teacher at Gilbert Middle School; and

            Whereas, John Jacob Fry II worked as Assistant Football Coach at Mingo Central High School; and

            Whereas, John Jacob Fry II was a loving husband to Leigh Ann Pollis Fry, stepfather to Fon Ethan and Jadyn Bailey McCoy and a beloved friend and family member to a host of others; and

            Whereas, John Jacob Fry II was an avid volunteer, coach and friend to his community and never knew a stranger; and

            Whereas, John Jacob Fry II passed away on June 14, 2012 at the age of twenty-seven; and

            Whereas, It is fitting and proper, that John Jacob Fry II be remembered and acknowledged for his devotion to his community, students, players, friends and family, therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name a one mile stretch of Route 49, Schoolhouse Road, in Matewan, West Virginia, the middle point of which shall be the point in the road closest to the Matewan High School football field, the “John Jacob Fry II Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the one mile stretch as the “John Jacob Fry II Memorial Highway”; 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 John Jacob Fry II.

            Delegates L. Phillips, Rowan, Marshall, Raines, Guthrie, Sumner, Lawrence, Arvon, P. Smith, Border and Poore offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 33 - “Requesting the House of Delegates Women’s Caucus, acting as an Interim Study Committee, study crimes against children.”

            Whereas, The House of Delegates Women’s Caucus wishes to examine the West Virginia Code for the purpose of more thoroughly defining the child abuse and neglect code; and

            Whereas, The Women’s Caucus believes there is need to hire more experienced officers to aid the Crimes Against Children Unit of the West Virginia State Police; and

            Whereas, The financial responsibility of adding more experienced officers is a concern of the Women’s Caucus; and

            Whereas, The Caucus feels the need to examine how the maintenance of the Sex Offender Registry is carried out in a timely manner; and

            Whereas, The Internet Crimes Against Children Unit of the West Virginia State Police is also an interest of the Women’s Caucus, particularly if changes in the State Code are needed in order to make the Unit more effective; therefore, be it

            Resolved by the House of Delegates:

            That the West Virginia House of Delegates Women’s Caucus is hereby requested to act as an Interim Study Committee to study crimes against children; and, be it

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

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and

to draft necessary legislation be paid from legislative appropriations to the House of Delegates.

Special Calendar

Unfinished Business

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

            S. C. R. 11, Requesting DOH name portion of State Route 214 “Army Pvt. Parker Meikle Memorial Road”,

            S. C. R. 12, Requesting DOH name section of Lick Creek Road in Boone County “PFC Randall Bruce Miller Memorial Road”,

            Com. Sub. for S. C. R. 18, Requesting DOH name portion of State Route 20 in Wyoming County “David and Janet Lee Memorial Highway”,

            S. C. R. 34, Requesting DOH name bridge in Wayne County “Mavis Granny Castle Bridge”,

            And,

            H. C. R. 108, The “Army Specialist Fourth Class Tommy Joe Belcher Memorial Bridge”.

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

Third ReadingS. B. 383, Authorizing family court judges appoint counsel in certain contempt cases; on third reading, coming up in regular order, was read a third time.

            Delegate Poore requested to be excused from voting on the passage of S. B. 383 under the provisions of House Rule 49.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 207), 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: Householder, Marshall and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 383) passed.

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

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

            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 S. B. 412, Relating to removal of elected county conservation district supervisors from office; 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. 208), 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: Householder, Marshall 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 S. B. 412) passed.

            On motion of Delegate Miley, the title of the bill was amended to read as follows:

            Com. Sub. for S. B. 412 - “A Bill to amend and reenact §19-21A-6 and §19-21A-7 of the Code of West Virginia, 1931, as amended, all relating to county conservation district supervisors; extending unexpired terms when filling vacancies; and providing for the removal of elected county conservation district supervisors from office.”

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

            On this question, the yeas and nays were taken (Roll No. 209), 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: Householder, Marshall 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 S. B. 412) 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 S. B. 421, Exempting certain school mascot from prohibition of firearms possession on school grounds; 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. 210), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Wells.

            Absent and Not Voting: Householder, Marshall 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 S. B. 421) passed.

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

            S. B. 463, Increasing special license fee paid by pipeline companies to PSC; on third reading, coming up in regular order, was read a third time.

            Delegate Armstead requested to be excused from voting on the passage of S. B. 463 under the provisions of House Rule 49.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 211), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Andes, Gearheart, Kump, McCuskey, E. Nelson and Raines.

            Absent and Not Voting: Householder, Marshall and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 463) passed.

            On motion of Delegate Boggs, the title of the bill was amended to read as follows:

            S. B. 463 - “A Bill to amend and reenact §24-5-3 of the Code of West Virginia, 1931, as amended, relating to the special license fees paid by pipeline companies to the Public Service Commission; increasing the aggregate amount of fees collected; specifying for what purpose the fees may be used.”

            Com. Sub. for S. B. 638, Terminating certain severance tax exemption for production of natural gas or oil; on third reading, coming up in regular order, with restricted right to amend by Delegates Manchin and Ireland, was reported by the Clerk.

            On motion of Delegates Manchin and Ireland, the bill was amended on page two, section twenty-two, by striking out subsection (b) in its entirety and inserting in lieu thereof the following:

            “(b) ‘Horizontally drilled well’ means any well that is drilled using a “horizontal drilling” method as that term is defined in subdivision (5), subsection (b), section four, article six-a, chapter twenty-two of this code” and a period.

            There being no further amendments, the bill was then read a third time.

            Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for S. B. 638 under the provisions of House Rule 49.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 212), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Howell, McCuskey and E. Nelson.

            Absent and Not Voting: Householder, Marshall 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 S. B. 638) passed.

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

            On this question, the yeas and nays were taken (Roll No. 213), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Howell, Kump, and McCuskey.

            Absent and Not Voting: Householder, Marshall 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 S. B. 638) 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. 463, Increasing special license fee paid by pipeline companies to PSC; still being in possession of the Clerk, the bill was taken up for further consideration.

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

            On this question, the yeas and nays were taken (Roll No. 214), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Gearheart, Howell, Kump, McCuskey and Raines.

            Absent and Not Voting: Householder, Marshall 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 (S. B. 463) 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. 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; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.

            Com. Sub. for H. B. 2722, Increasing the amount of special license fees paid by pipeline companies; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.

            Com. Sub. for H. B. 2962, Relating to exemptions from the tax on the privilege of severing natural gas and oil; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.

Second ReadingCom. Sub. for S. B. 71, Requiring descriptions of easements and rights-of-way include width in addition to centerline; exception; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 145, Amending election complaint procedures; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page three, section fifty, line nineteen, after the word “chapter”, by inserting the words “or Title III of the Help America Vote Act, Pub. L. 107-252”.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 435, Continuing Municipal Home Rule Pilot Program; on second 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.

            S. B. 458, Permitting PEIA health plans to operate on calendar-year basis; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Boggs, the bill was then amended by striking out everything following the enacting clause and inserting in lieu thereof the following:

ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

§5-16-3. Composition of Public Employees Insurance Agency; appointment, qualification, compensation and duties of Director of Agency; employees; civil service coverage.

            (a) The Public Employees Insurance Agency consists of the director, the Finance Board, the Advisory Board and any employees who may be authorized by law. The director shall be appointed by the Governor, with the advice and consent of the Senate, and serves at the will and pleasure of the Governor. The director shall have at least three years' experience in health or governmental health benefit administration as his or her primary employment duty prior to appointment as director. The director shall receive actual expenses incurred in the performance of official business. The director shall employ any administrative, technical and clerical employees required for the proper administration of the programs provided in this article. The director shall perform the duties that are required of him or her under the provisions of this article and is the Chief Administrative Officer of the Public Employees Insurance Agency. The director may employ a deputy director.

            (b) Except for the director, his or her personal secretary, the Deputy Director and the Chief Financial Officer, all positions in the agency shall be included in the classified service of the civil service system pursuant to article six, chapter twenty-nine of this code.

            (c) The director is responsible for the administration and management of the Public Employees Insurance Agency as provided in this article and in connection with his or her responsibility may make all rules necessary to effectuate the provisions of this article. Nothing in section four or five of this article limits the director's ability to manage on a day-to-day basis the group insurance plans required or authorized by this article, including, but not limited to, administrative contracting, studies, analyses and audits, eligibility determinations, utilization management provisions and incentives, provider negotiations, provider contracting and payment, designation of covered and noncovered services, offering of additional coverage options or cost containment incentives, pursuit of coordination of benefits and subrogation or any other actions which would serve to implement the plan or plans designed by the Finance Board. The director is to function as a benefits management professional and should avoid political involvement in managing the affairs of the Public Employees Insurance Agency.

            (d) The director may, if it is financially advantageous to the state, operate the Medicare retiree health benefit plan offered by the agency based on a plan year that runs concurrent with the calendar year. Financial plans as addressed in section five of this article shall continue to be on a fiscal year basis.

            (d) (e) The director should make every effort to evaluate and administer programs to improve quality, improve health status of members, develop innovative payment methodologies, manage health care delivery costs, evaluate effective benefit designs, evaluate cost sharing and benefit based programs, and adopt effective industry programs that can manage the long-term effectiveness and costs for the programs at the Public Employees Insurance Agency to include, but not be limited to:

            (1) Increasing generic fill rates;

            (2) Managing specialty pharmacy costs;

            (3) Implementing and evaluating medical home models and health care delivery;

            (4) Coordinating with providers, private insurance carriers and to the extent possible Medicare to encourage the establishment of cost effective accountable care organizations;

            (5) Exploring and developing advanced payment methodologies for care delivery such as case rates, capitation and other potential risk-sharing models and partial risk-sharing models for accountable care organizations and/or medical homes;

            (6) Adopting measures identified by the Centers for Medicare and Medicaid Services to reduce cost and enhance quality;

            (7) Evaluating the expenditures to reduce excessive use of emergency room visits, imaging services and other drivers of the agency's medical rate of inflation;

            (8) Recommending cutting-edge benefit designs to the Finance Board to drive behavior and control costs for the plans;

            (9) Implementing programs to encourage the use of the most efficient and high-quality providers by employees and retired employees;

            (10) Identifying employees and retired employees who have multiple chronic illnesses and initiating programs to coordinate the care of these patients;

            (11) Initiating steps by the agency to adjust payment by the agency for the treatment of hospital acquired infections and related events consistent with the payment policies, operational guidelines and implementation timetable established by the Centers of Medicare and Medicaid Services. The agency shall protect employees and retired employees from any adjustment in payment for hospital acquired infections; and

            (12) Initiating steps by the agency to reduce the number of employees and retired employees who experience avoidable readmissions to a hospital for the same diagnosis related group illness within thirty days of being discharged by a hospital in this state or another state consistent with the payment policies, operational guidelines and implementation timetable established by the Centers of Medicare and Medicaid Services.

            (e) (f) The director shall issue an annual progress report to the Joint Committee on Government and Finance on the implementation of any reforms initiated pursuant to this section and other initiatives developed by the agency.”

            The bill was then ordered to third reading.

First Reading

            Com. Sub. for S. B. 80, Including substitute teaching in job duties of certain professional educators employed by county boards; on first reading, coming up in regular order, was read a first time and ordered to second reading.

            S. B. 183, Updating terms in Corporation Net Income Tax Act; on first reading, coming up in regular order, was read a first time and ordered to second reading.

            S. B. 571, Extending time Oceana City Council can meet as levying body; on first reading, coming up in regular order, was read a first time and ordered to second reading.

            At the request of Delegate Boggs, and by unanimous consent, the provisions of House Rule 69, relating to bills on the Local Calendar, were suspended.

            Delegate Boggs then moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

            On this question, the yeas and nays were taken (Roll No. 215), 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: Householder, Marshall and J. Nelson.

            So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

            The bill was then read a second time and ordered to third reading.

            Having been read a third time the bill was put upon its passage.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 216), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Howell.

            Absent and Not Voting: Householder, Marshall and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 571) passed.

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

            On this question, the yeas and nays were taken (Roll No. 217), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Howell.

            Absent and Not Voting: Householder, Marshall 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 (S. B. 571) 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.

Miscellaneous Business

            Delegate Ellem noted to the Clerk that he be recorded as having voted “Nay” on the adoption of S. C. R. 7, Designating Hall Flintlock Model 1819 official state firearm.

            Delegate Hartman noted to the Clerk that he was absent on yesterday when the votes were taken on Roll Nos. 203 through 206, and that had he been present, he would have voted “Yea” thereon.

Leaves of Absence

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

            At 11:35 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, April 8, 2013.

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