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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

House Journal


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

Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg





__________*__________



 

Wednesday, April 10, 2013

FIFTY-SEVENTH 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 Tuesday, April 9, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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

Resolutions Introduced

            Delegates R. Phillips, Caputo, Hartman, Tomblin, Eldridge, Lynch, Craig, Iaquinta, Stowers, White, Mr. Speaker, Mr. Thompson, Andes, Armstead, Barill, Barrett, Boggs, Campbell, Canterbury, Diserio, Ferns, Ferro, Fleischauer, Gearheart, Hamilton, Jones, Lawrence, Longstreth, Marcum, Marshall, Morgan, Moye, E. Nelson, O’Neal, Paxton, Perry, Pethtel, L. Phillips, D. Poling, M. Poling, Reynolds, Shott, Skaff, Skinner, P. Smith, Sobonya, Sponaugle, Staggers, Stephens, Storch, Swartzmiller, Walker, Westfall, Williams and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 140 - “Recognizing July 16 as ‘Atomic Veterans Day of Remembrance’ in West Virginia.”

            Whereas, On July 16, 1945, the world’s first atomic bomb, code-named “Trinity”, was detonated in Alamogordo, New Mexico, and from that date until June 12, 1963, there were 1,054 nuclear devices detonated in tests considered vital to our national security, and approximately 750,000 U.S. military and civilian personnel participated in these experimental endeavors; and

            Whereas, Many of the nation’s veterans, including residents of West Virginia, were subjected to varying amounts of radiation because of this testing of atomic weapons; and

            Whereas, The potential harm to these veterans was unknown at the time of the testing, resulting in the exposure of many veterans to harmful doses of radiation and causing them to suffer debilitating, degenerative diseases that affect the veterans and their descendants; and

            Whereas, Veterans who were early test subjects were required to sign an oath of secrecy regarding their involvement in the atomic testing, preventing these veterans from informing the Veterans Health Administration of their medical problems that resulted from radiation until 1996, when these veterans were released from their oaths of secrecy; and

            Whereas, In 1979, the National Association of Atomic Veterans was created to locate these veterans, to honor the sacrifices they made and to help these veterans and their families in obtaining medical treatment and assistance; and

            Whereas, By engaging in a national research and education effort for atomic war veterans, the National Association of Atomic Veterans is promoting early detection of medical problems and research and documentation of the connection between radiation exposure and resultant cancer and other debilitating, degenerative diseases and genetic mutations; and

            Whereas, In the time since these detonations, roughly fifty percent of the men and women who participated in the testing have experienced the harmful effects of exposure to ionizing radiation, yet these veterans who were injured in the line of duty received no medals because they were not in combat; and

            Whereas, The number of members in this group is rapidly decreasing because of the age of these veterans, and thus it is important to recognize these individuals who sacrificed so much in serving our country and who are deserving of our immense gratitude; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby recognizes July 16 as “Atomic Veterans Day of Remembrance” in West Virginia and encourages the Governor, the Department of Veterans Assistance and all West Virginians to take part in this significant observance; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Haskell Watts Jr., West Virginia State Commander of the National Association of Atomic Veterans, the Secretary of the West Virginia Department of Veterans Assistance and the Governor of West Virginia.

            Delegates R. Smith and Eldridge offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 141 - “Requesting the Joint Committee on Government and Finance study requiring social workers to be employed in each public school, K through 8 in the state.”

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study requiring social workers to be employed in each public school, K through 8 in the state; and, be it

            Further Resolved, That the study include considering the possibility of implementing such a requirement through a pilot program implementing the requirement in a limited area; 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 draft necessary legislation be paid from legislative appropriation to the Joint Committee on Government and Finance.

            Delegates Marcum, Azinger, Barill, Barrett, Boggs, Campbell, Eldridge, Ellington, A. Evans, Fleischauer, Frich, Guthrie, Hamilton, Hartman, Kump, Lawrence, Lynch, O’Neal, Paxton, Perdue, Perry, L. Phillips, R. Phillips, Pino, Poore, Reynolds, Romine, Rowan, P. Smith, Sobonya, Sponaugle, Stowers, Tomblin, Walker, Wells, Westfall, White and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 142 - “Expressing support of the West Virginia Legislature urging Congress to swiftly take bipartisan, concrete action to address the growing scourge of prescription drug abuse in West Virginia and other states.”

            Whereas, Abuse of prescription drugs is the fastest growing segment of the nation’s unlawful drug use; and

            Whereas, West Virginia is consistently among the states with the highest rate of drug overdose deaths; and

            Whereas, The majority of drug overdose deaths in West Virginia result from overdose of prescription drugs; and

            Whereas, Nationally, prescription drugs account for more illegal drug use than cocaine, methamphetamine and heroin combined; and

            Whereas, Prescription drug overdose has become the nation’s leading cause of accidental death; and

            Whereas, The high profits reaped from the illegal drug trade have attracted increasing numbers of unscrupulous doctors and increasingly violent drug traffic offenders; and

            Whereas, The magnitude of the illegal drug trade in West Virginia and other states is overwhelming available drug enforcement and drug treatment resources; and

            Whereas, Sheriff Eugene Crum of Mingo County, West Virginia, who had successfully focused efforts on eradicating unlawful drug traffic and use in his county, and who had received numerous threats because of his drug enforcement efforts, was fatally shot April 3, 2013 as he sat in his cruiser eating lunch near the county courthouse; and

            Whereas, West Virginia and other states lack adequate treatment facilities to help stem the demand for illegal drugs; and

            Whereas, The abuse of drugs results in enormous economic and human costs to individuals, families, businesses and governments, often expressed in murders, assaults, robberies, burglaries, domestic violence, child abuse, child neglect, elder abuse, drunk driving accidents and overdose deaths; therefore, be it

            Resolved by the Legislature of West Virginia: 

            That the West Virginia Legislature hereby strongly urges the United States Congress to swiftly take bipartisan, concrete action to address the growing scourge of prescription drug abuse in West Virginia and other states; and, be it

            Further resolved: That the West Virginia Legislature strongly urges Congress to recognize and respect the level of sacrifices made by Sheriff Eugene Crum of Mingo County, West Virginia, and other law-enforcement officials throughout the nation who have stood in the front ranks of those attacking the “pill mills” and other prescription drug traffic offenders, and respond with commensurate support; and, be it

            Further resolved: That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the United States, the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, and each member of West Virginia’s congressional delegation.

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

            H. C. R. 143 - “Requesting the Division of Highways to name bridge number 44-79-29.04NB, on Interstate 79 in Roane County, West Virginia, the ‘Sloan Brother’s Memorial Bridge’.”

            Whereas, John Wilder Sloan married Flora Ethel Nida on December 20, 1917, and they were lifelong residents of Amma, West Virginia and the parents of eleven children. During the 1940's three of their children, Carl, Arch and Eugene served in the United States Military at the same time. Arch and Carl were in the United States Army and Eugene in the United States Navy. Their son Lovel served in the United States Army in 1954 and son Emmet from 1954 to 1959. Three of John and Flora’s grandchildren and three great grandchildren have served in the United States Military, two of them currently in foreign countries; and

            Whereas, The Sloan name is well-known and respected in southern Roane County, whether having served in the military or not for their contributions to their community as well as to the state and their county during military service; and

            Whereas, The community, children and grandchildren of these well-respected residents of Roane County believe that the lives of these members of the Sloan family, their community contributions and military service should be memorialized, by ensuring that future generations are aware of the lives, bravery, service and sacrifice in the cause of freedom by this remarkable family and sons of Roane County, West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Commissioner of the Division of Highways to name bridge number 44-79-29.04NB, on Interstate 79 in Roane County, West Virginia, the “Sloan Brother’s Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected, containing bold and prominent letters proclaiming this bridge to be the “Sloan Brother’s Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, and the surviving family of the Sloan brothers. 

            Delegates Marshall, Barill, Campbell, Diserio, Jones, Lynch, P. Smith, Stephens and Sumner offered the following resolution, which was read by the Clerk as follows:

            H. R. 34 - “Designating April 10, 2013, as ‘Crime Victims Day at the Legislature’.”

             Whereas, The West Virginia Crime Victims Compensation Fund is celebrating “Crime Victims Day at the Legislature” by providing all of the crime victim agencies and individuals who serve victims of crime an opportunity to educate the members of the Legislature and the public about the many services available to assist victims of crime and their families throughout our State; and

            Whereas, The many agencies and individuals serving victims of crime and their families in West Virginia strive to foster the healing of victims and their families through treatment for their many needs including, but not limited to, advocacy for and on behalf of victims and their families, medical treatment and mental health counseling, compensation, and restitution; and

            Whereas, The many organizations and individuals who provide assistance to victims of crime and families make valuable contributions to those who have been affected by crime in our State; and

            Whereas, West Virginia is proud of the accomplishments and achievements of the many

organizations and individuals who serve the needs of victims of crime and appreciate their many

contributions to our communities; and

            Whereas, There are also many victims or family members present on this special day to foster understanding by the public of the effects of victimization; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby designates April 10, 2013, as “Crime Victims Day at the Legislature”; and, be it

            Further Resolved, That the House of Delegates expresses its appreciation to the many organizations which serve victims of crime and their families throughout our State and for the dedication of those individuals who serve these organizations; and, be it

            Further Resolved, That the Clerk of the House forward a copy of this resolution to the appropriate official with the West Virginia Crime Victims Compensation Fund, Cheryle M. Hall,

Clerk of the Court.

            At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 34) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Committee Reports

            Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. C. R. 100, Requesting a study of Medical Amnesty and Good Samaritan policies in other states,

            H. C. R. 101, Requesting a study on the legality and the potential consequences of the use of drones by public and private entities in the State,

            H. C. R. 113, Requesting a study on the need for and the constitutionality of a revenue surcharge designated for live adult entertainment establishments that serve alcohol,

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

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

            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,

            H. C. R. 138, Requesting that the Joint Committee on Government and Finance authorize a study on state recognition of Native American Tribes,

            H. C. R. 139, Requesting a study for the potential for creating new jobs and improving our economy by increasing agribusiness in the state,

            S. C. R. 16, Requesting DOH name County Route 5/07 in Logan County “Army PFC James Edward Workman Memorial Road”,

            S. C. R. 17, Requesting DOH name bridge in Randolph County “Army Captain Bernard Francis Jones Memorial Bridge”,

            S. C. R. 19, Requesting DOH name bridge in Kanawha County “U. S. Army Sgt. Archie W. Searls Memorial Bridge”,

            S. C. R. 21, Requesting DOH name bridge in Logan County “Navy Lieutenant, Junior Grade, Edsel Carl Varney Memorial Bridge”,

            S. C. R. 22, Requesting DOH name bridge in Kanawha County “Joseph Albert ‘Joey’ King, Jr., Memorial Bridge”,

            S. C. R. 23, Requesting DOH name bridge in Wyoming County “Reverend Edward and Mary Mullins Memorial Bridge”,

            And,

            S. C. R. 24, Requesting DOH name portion of U. S. Route 60 in Kanawha County “Lou Tabit Highway”,

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

            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. 335, Permitting certain hospitals exemption from certificate of need,

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

            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. 125, Permitting Monongalia County Commission to levy special district excise tax,

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

            In accordance with the former direction of the Speaker, the bill (S. B. 125) was referred to the Committee on Finance.

            Delegate Craig, Chair of the Committee on Natural Resources, submitted the following report, which was received:

            Your Committee on Natural Resources has had under consideration:

            Com. Sub. for S. B. 414, Clarifying hunting and fishing license-issuing authorities,

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

            In the absence of objection, reference of the bill (Com. Sub. for S. B. 414) to the Committee on the Judiciary was abrogated.

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 185, Relating to alternative-fuel motor vehicles and qualified refueling infrastructure tax credits,

            And,

            S. B. 460, Exempting certain residents’ active duty military pay from state income tax,

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

Messages from the Executive

            The Speaker then laid before the House of Delegates communications from His Excellency, the Governor, which were read by the Clerk as follows:

STATE OF WEST VIRGINIA

Earl Ray Tomblin

Governor

April 9, 2013

EXECUTIVE MESSAGE NO. 2

2013 REGULAR SESSION

The Honorable Rick Thompson

Speaker, West Virginia House of Delegates

State Capitol

Charleston, WV 25305

Dear Sir:

            Pursuant to the provision of section twenty, article one, chapter five of the Code of West Virginia, I hereby certify that the following 2012-2013 annual reports have been received in the Office of the Governor:

            Accountancy, West Virginia Board of

            Aeronautics Commission, West Virginia Department of Transportation

Alternative and Renewable Energy Resources Research Fund, Division of Energh, West Virginia Department of Commerce

            Architects, West Virginia Board of

            Barbers and Cosmetologists, West Virginia Board of

            Chiropractic, West Virginia Board of

            Coal Mine Health and Safety, West Virginia Board of

            Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee

Community Corrections Act, Governor’s Committee on Crime, Delinquency and Correction, Division of Justice and Community Services, Department of Military Affairs and Public Safety

            Consumer Advocate, Office of the, Offices of the Insurance Commissioner, West Virginia

                        Department of Revenue

            Consumer Advocate, Division of the, West Virginia Public Service Commission

            Corrections, Division of, West Virginia Department of Military Affairs and Public Safety

            Court of Claims, West Virginia

            Court System, West Virginia Supreme Court of Appeals

Crime, Delinquency and Correction, Governor’s Committee on Law Enforcement Training Subcommittee, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety

            Death, Disability and Retirement Fund (Plan A) and State Police Recruitment System

(Plan B), Consolidated Public Retirement Board, West Virginia Department of Administration

            Dental Examiners, West Virginia Board of (2010-2011 and 2011-2012)

            Economic Development Authority, West Virginia

            Energy, Division of, West Virginia Department of Commerce

            Environmental Protection, West Virginia Department of

            Equal Employment Opportunity, West Virginia Office of 

Family Protection Services Board, Division of Justice and Community Services, West Virginia Department of Health and Human Services

Fire Marshal, State Fire Commission, West Virginia Department of Military Affairs and Public Safety

            Funeral Service Examiners, West Virginia Board of

Health Facility Licensure and Certification, Office of Inspector General, West Virginia Department of Health and Human Resources

Health Insurance Plan (Access WV), Office of the Insurance Commissioner, West Virginia Department of Revenue (2009, 2010, and 2011)

            Human Rights Commission, West Virginia (2010-2011)

            Insurance Commissioner, Offices of the, West Virginia Department of Revenue

Juvenile Justice and Delinquency Prevention, Division of Justice and Community Services, West Virginia Department of Military Affairs and Public Safety

Juvenile Services, Division of, West Virginia Department of Military Affairs and Public Safety

Law Enforcement Professional Standards Subcommittee, Governor’s Committee on Crime, Delinquency and Correction, Division of Justice and Community, West Virginia Department of Military Affairs and Public Safety

Logging Sediment Control Act, Division of Forestry, West Virginia Department of Commerce

            Medical Imaging and Radiation Therapy Technology, West Virginia Board

            Medicine, West Virginia Board of, West Virginia (Volumes I and II)

Mine Safety Technology Task Force, Office of Miners’ Health, Safety and Training, West Virginia Department of Commerce

Miners’ Health, Safety and Training, Office of, West Virginia Department of Commerce

            Minority Affairs, Herbert Henderson Office of, Office of the Governor

            Municipal Bond Commission, West Virginia

            National Guard, West Virginia, Office of the Adjutant General

            Natural Resources, Division of, West Virginia Department of Commerce

Neighborhood Investment Program, Development Office, West Virginia Department of Commerce

            Nursing Home Administrators Licensing Board, West Virginia

            Occupational Therapy, West Virginia Board of (2007-2012)

            Parole Board, West Virginia Department of Military Affairs and Public Safety

            Personnel, Division of, West Virginia Department of Administration

            Physical Therapy, West Virginia Board of

            Planning and Development Council, Region 4

            Professional Engineers, West Virginia State Board of Registration for

            Public Defender Services, West Virginia Department of Administration

            Public Employees Grievance Board, West Virginia Department of Administration

            Racing Commission

            Real Estate Commission, West Virginia

            Regional Intergovernmental Council, West Virginia, Region 3

            Registered Professional Nurses, West Virginia Board of Examiners for (Biennium

                        Report 2010-2012)

            Research Trust Fund, West Virginia Higher Education Policy Commission

            Risk and Insurance Management, West Virginia Board of

            Sanitarians, West Virginia State Board of

            Senior Services, West Virginia Bureau of

            Speech-Language Pathology and Audiology, West Virginia Board of Examiners for

            State Police, West Virginia Department of Military Affairs and Public Safety

            State Privacy Office, West Virginia Health Care Authority

            State Rehabilitation Council, West Virginia

            Tax Increment Financing, West Virginia Development Office

            Tourism, Division of, West Virginia Department of Commerce

            Treasurer, State of West Virginia

            Veterans Assistance, West Virginia Department of (2010-2011)

            Veterinary Medicine, West Virginia Board of

            Volunteer West Virginia (State’s Commission for National and Community Service)

            Water Development Authority, West Virginia

Youth Services, Bureau for Children and Families, West Virginia Department of Health and Human Resources

                                                                                    Very truly yours,

                                                                                    Earl Ray Tomblin,

                                                                                          Governor. 

STATE OF WEST VIRGINIA

Earl Ray Tomblin

Governor

April 9, 2013

EXECUTIVE MESSAGE NO. 3

2013 REGULAR SESSION

The Honorable Rick Thompson

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia 25305

Dear Mr. Speaker:

            In accordance with the provisions of Section 11, Article 7 of the Constitution of the State of West Virginia, and Section 16, Article 1, Chapter 5 of the Code of West Virginia, I hereby report that I granted no pardons or reprieves, nor commuted punishment to any person, nor remitted any fines or penalties, during the period of March 8, 2012 through April 9, 2013.

                                                                                    Very truly yours,

                                                                                    Earl Ray Tomblin,

                                                                                          Governor. 

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 2314, Authorizing a family court judge to order a child to be taken into custody in emergency situations.

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

            The following Senate title amendment was reported by the Clerk:

            Com. Sub. for H. B. 2314 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-6-9a, relating to authorizing a family court judge to order the emergency custody of a child in the physical custody of a party to an action or proceeding before the family court; requiring the Department of Health and Human Resources to immediately respond and assist the family court judge in emergency placement of the child; providing for circuit court order for department to file an investigative report; providing for termination of family court order; extending order of family court by filing petition; and providing additional procedures for department when a child is ordered taken into emergency custody.”

            On motion of Delegate Boggs, the House of Delegates concurred in the Senate title amendment.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 226), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Marshall and J. Nelson.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2314) passed.

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

            A message from the Senate, by

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

            H. B. 2361, Relating to the definition of “eligible veteran” for certain state training and employment preference benefits.

            A message from the Senate, by

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

            H. B. 2463, Repealing the article that permits the sterilization of persons deemed to be mentally incompetent.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with title amendment, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 2521, Relating to the West Virginia Contraband Forfeiture Act.

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

            The following Senate title amendment was reported by the Clerk:

            Com. Sub. for H. B. 2521 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-7-705a, relating to the West Virginia Contraband Forfeiture Act; providing procedures for voluntary administrative forfeiture of forfeitable money used in or obtained through the illegal trafficking of controlled substances; establishing time frames; providing notice requirements; and providing for use of existing forfeiture law in contested cases.”

            On motion of Delegate Boggs, the House of Delegates concurred in the Senate title amendment.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 227), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Cadle, Cowles, Householder and Howell.

            Absent and Not Voting: Fleischauer, Marshall, J. Nelson and R. Smith.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2521) passed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 2553, Authorizing the Secretary of State to administratively dissolve certain business entities.

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

            The following Senate amendment was reported by the Clerk:

            On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

            “That §31B-8-809 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §31B-10-1006 of said code be amended and reenacted; that §31D-14-1420 of said code be amended and reenacted; that §31D-15-1530 of said code be amended and reenacted; that §31E-13-1320 of said code be amended and reenacted; that §31E-14-1430 of said code be amended and reenacted; and that §59-1-2a of said code be amended and reenacted, all to read as follows:

CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.

ARTICLE 8. WINDING UP COMPANY’S BUSINESS.

§31B-8-809. Grounds for administrative dissolution.

            The Secretary of State may commence a proceeding to administratively dissolve a limited liability company administratively if: the company does not:

            (1) Pay The company fails to pay any fees, taxes or penalties imposed by this chapter or other law within sixty days after they are due;

            (2) Deliver The company fails to deliver its annual report to the Secretary of State within sixty days after it is due;

            (3) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the company; or

            (4) The company is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

ARTICLE 10. FOREIGN LIMITED LIABILITY COMPANIES.

§31B-10-1006. Revocation and reinstatement of certificate of authority.

            (a) A certificate of authority of a foreign limited liability company to transact business in this state may be revoked by the Secretary of State in the manner provided in subsection (b) of this section if:

            (1) The company fails to:

            (i) Pay any fees, taxes and penalties owed to this state;

            (ii) Deliver its annual report required under section 2-211 to the Secretary of State within sixty days after it is due; or

            (iii) File a statement of a change in the name or business address of the agent as required by this article; or

            (2) A misrepresentation has been made of any material matter in any application, report, affidavit or other record submitted by the company pursuant to this article;

            (3) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the company; or

            (4) The company is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

            (b) The Secretary of State may not revoke a certificate of authority of a foreign limited liability company unless the Secretary of State sends the company notice of the revocation, at least sixty days before its effective date, by a record addressed to its principal office. The notice must specify the cause for the revocation of the certificate of authority. The authority of the company to transact business in this state ceases on the effective date of the revocation unless the foreign limited liability company cures the failure before that date.

            (c) A foreign limited liability company administratively revoked may apply to the Secretary of State for reinstatement within two years after the effective date of revocation. The application must:

            (1) Recite the name of the company and the effective date of its administrative revocation; (2) state that the ground for revocation either did not exist or has been eliminated; (3) state that the company’s name satisfies the requirements of section 10-1005; and (4) contain a certificate from the Tax Commissioner reciting that all taxes owed by the company have been paid.

            (d) If the Secretary of State determines that the application contains the information required by subsection (a) of this section and that the information is correct, the Secretary of State shall cancel the certificate of revocation and prepare a certificate of reinstatement that recites this determination and the effective date of reinstatement, file the original of the certificate and serve the company with a copy of the certificate.

            (e) When reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative revocation and the company may resume its business as if the administrative revocation had never occurred.

CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.

ARTICLE 14. DISSOLUTION.

PART II. ADMINISTRATIVE DISSOLUTION.

§31D-14-1420. Grounds for administrative dissolution.

            The Secretary of State may commence a proceeding under section one thousand four hundred twenty-one of this article to administratively dissolve a corporation if:

            (1) The corporation does not pay within sixty days after they are due any fees, franchise taxes or penalties imposed by this chapter or other law;

            (2) The corporation does not notify the Secretary of State within sixty days that its registered agent or registered office has been changed, that its registered agent has resigned or that its registered office has been discontinued; or

            (3) The corporation’s period of duration stated in its articles of incorporation expires;

            (4) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the corporation; or

            (5) The corporation is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

ARTICLE 15. FOREIGN CORPORATIONS.

PART III. REVOCATION OF CERTIFICATE OF AUTHORITY.

§31D-15-1530. Grounds for revocation.

            The Secretary of State may commence a proceeding under section one thousand five hundred thirty-one of this article to revoke the certificate of authority of a foreign corporation authorized to transact business in this state if:

            (1) The foreign corporation does not pay within sixty days after they are due any fees, franchise taxes or penalties imposed by this chapter or other law;

            (2) The foreign corporation does not inform the Secretary of State under section one thousand five hundred eight or one thousand five-hundred nine of this article that its registered agent or registered office has changed, that its registered agent has resigned or that its registered office has been discontinued within sixty days of the change, resignation or discontinuance;

            (3) An incorporator, director, officer or agent of the foreign corporation signed a document he or she knew was false in any material respect with intent that the document be delivered to the Secretary of State for filing; or

            (4) The Secretary of State receives a duly authenticated certificate from the Secretary of State or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger;

            (5) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the foreign corporation; or

            (6) The foreign corporation is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.

ARTICLE 13. DISSOLUTION.

PART II. ADMINISTRATIVE DISSOLUTION.

§31E-13-1320. Grounds for administrative dissolution.

            The Secretary of State may commence a proceeding under section one thousand three hundred twenty-one of this article to administratively dissolve a corporation if:

            (1) The corporation does not pay within sixty days after they are due any fees, franchise taxes or penalties imposed by this chapter or other law;

            (2) The corporation does not notify the Secretary of State within sixty days that its registered agent or registered office has been changed, that its registered agent has resigned or that its registered office has been discontinued; or

            (3) The corporation’s period of duration stated in its articles of incorporation expires;

            (4) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the nonprofit entity; or

            (5) The corporation is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

ARTICLE 14. FOREIGN CORPORATIONS.

PART III. REVOCATION OF CERTIFICATE OF AUTHORITY.

§31E-14-1430. Grounds for revocation.

            The Secretary of State may commence a proceeding under section one thousand four hundred thirty-one of this article to revoke the certificate of authority of a foreign corporation authorized to conduct activities in this state if:

            (1) The foreign corporation does not pay within sixty days after they are due any fees, franchise taxes or penalties imposed by this chapter or other law;

            (2) The foreign corporation does not inform the Secretary of State under sections one thousand four hundred eight or one thousand four hundred nine of this article that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within sixty days of the change, resignation or discontinuance;

            (3) An incorporator, director, officer or agent of the foreign corporation signed a document he or she knew was false in any material respect with intent that the document be delivered to the Secretary of State for filing; or

            (4) The Secretary of State receives a duly authenticated certificate from the Secretary of State or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger;

            (5) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the corporation; or

            (6) The foreign corporation is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

CHAPTER 59. FEES, ALLOWANCES AND COSTS;

NEWSPAPERS; LEGAL ADVERTISEMENTS.

ARTICLE 1. FEES AND ALLOWANCES.

§59-1-2a. Annual business fees to be paid to the Secretary of State; filing of annual reports; purchase of data.

            (a) Definitions. -- As used in this section:

            (1) ‘Annual report fee’ means the fee described in subsection (c) of this section that is to be paid to the Secretary of State each year by corporations, limited partnerships, domestic limited liability companies and foreign limited liability companies. After June 30, 2008, any reference in this code to a fee paid to the Secretary of State for services as a statutory attorney in fact shall mean the annual report fee described in this section.

            (2) ‘Business activity’ means all activities engaged in or caused to be engaged in with the object of gain or economic benefit, direct or indirect, but does not mean any of the activities of foreign corporations enumerated in subsection (b), section one thousand five hundred one, article fifteen, chapter thirty-one-d of this code, except for the activity of conducting affairs in interstate commerce when activity occurs in this state, nor does it mean any of the activities of foreign limited liability companies enumerated in subsection (a), section one thousand three, article ten, chapter thirty-one-b of this code except for the activity of conducting affairs in interstate commerce when activity occurs in this state.

            (3) ‘Corporation’ means a ‘domestic corporation’, a ‘foreign corporation’ or a ‘nonprofit corporation’.

            (4) ‘Deliver or delivery’ means any method of delivery used in conventional commercial practice, including, but not limited to, delivery by hand, mail, commercial delivery and electronic transmission.

            (5) ‘Domestic corporation’ means a corporation for profit which is not a foreign corporation incorporated under or subject to chapter thirty-one-d of this code.

            (6) ‘Domestic limited liability company’ means a limited liability company which is not a foreign limited liability company under or subject to chapter thirty-one-b of this code.

            (7) ‘Foreign corporation’ means a for-profit corporation incorporated under a law other than the laws of this state.

            (8) ‘Foreign limited liability company’ means a limited liability company organized under a law other than the laws of this state.

            (9) ‘Limited partnership’ means a partnership as defined by section one, article nine, chapter forty-seven of this code.

            (10) ‘Nonprofit corporation’ means a nonprofit corporation as defined by section one hundred fifty, article one, chapter thirty-one-e of this code.

            (11) ‘Registration fee’ means the fee for the issuance of a certificate relating to the initial registration of a corporation, limited partnership, domestic limited liability company or foreign limited liability company described in subdivision (2), subsection (a), section two of this article. The term ‘initial registration’ also means the date upon which the registration fee is paid.

            (b) Required payment of annual report fee and filing of annual report. -- After June 30, 2008, no corporation, limited partnership, domestic limited liability company or foreign limited liability company may engage in any business activity in this state without paying the annual report fee and filing the annual report as required by this section.

            (c) Annual report fee. -- After June 30, 2008, each corporation, limited partnership, domestic limited liability company and foreign limited liability company engaged in or authorized to do business in this state shall pay an annual report fee of $25 for the services of the Secretary of State as attorney-in-fact for the corporation, limited partnership, domestic limited liability company or foreign limited liability company, and for such other administrative services as may be imposed by law upon the Secretary of State. The fee is due and payable each year after the initial registration of the corporation, limited partnership, domestic limited liability company or foreign limited liability company with the annual report described in subsection (d) of this section on or before the dates specified in subsection (e) of this section. The fee is due and payable each year with the annual report from corporations, limited partnerships, domestic limited liability companies and foreign limited liability companies that paid the registration fee prior to July 1, 2008, on or before the dates specified in subsection (e) of this section. The annual report fees received by the Secretary of State pursuant to this subsection shall be deposited by the Secretary of State in the general administrative fees account established by section two of this article.

            (d) Annual report. -- (1) After June 30, 2008, each corporation, limited partnership, domestic limited liability company and foreign limited liability company engaged in or authorized to do business in this state shall file an annual report. The report is due each year after the initial registration of the corporation, limited partnership, domestic limited liability company or foreign limited liability company with the annual report fee described in subsection (c) of this section on or before the dates specified in subsection (e) of this section. The report is due each year from corporations, limited partnerships, domestic limited liability companies and foreign limited liability companies that paid the registration fee prior to July 1, 2008, on or before the dates specified in subsection (e) of this section.

            (2) (A) The annual report shall be filed with the Secretary of State on forms provided by the Secretary of State for that purpose. The annual report shall, in the case of corporations, contain: (i) The address of the corporation’s principal office; (ii) the names and mailing addresses of its officers and directors; (iii) the name and mailing address of the person on whom notice of process may be served; (iv) the name and address of the corporation’s parent corporation and of each subsidiary of the corporation licensed to do business in this state; (v) in the case of limited partnerships domestic limited liability companies and foreign limited liability companies, similar information with respect to their principal or controlling interests as determined by the Secretary of State or otherwise required by law to be reported to the Secretary of State; (vi) the county or county code in which the principal office address or mailing address of the company is located; (vii) business class code; and (viii) any other information the Secretary of State considers appropriate.

            (B) Notwithstanding any other provision of law to the contrary, the Secretary of State shall, upon request of any person, disclose, with respect to corporations: (i) The address of the corporation’s principal office; (ii) the names and addresses of its officers and directors; (iii) the name and mailing address of the person on whom notice of process may be served; (iv) the name and address of each subsidiary of the corporation and the corporation’s parent corporation; (v) the county or county code in which the principal office address or mailing address of the company is located; and (vi) the business class code. The Secretary of State shall provide similar information with respect to information in its possession relating to limited partnerships domestic limited liability companies and foreign limited liability companies, similar information with respect to their principal or controlling interests.

            (e) Annual reports and fees due July 1. -- Each domestic and foreign corporation, limited partnership, limited liability company and foreign limited liability company shall file with the Secretary of State the annual report and pay the annual report fee by July 1 of each year.

            (f) Deposit of fees. -- The annual report fees received by the Secretary of State pursuant to this section shall be deposited by the Secretary of State in the general administrative fees account established by section two, article one, chapter fifty-nine of this code.

            (g) (1) Duty to pay. -- It shall be the duty of each corporation, limited partnership, limited liability company and foreign limited liability company required to pay the annual report fees imposed under this article, to remit them with a properly completed annual report to the Secretary of State, and if it fails to do so it shall be subject to the late fees prescribed in subsection (h) of this article and dissolution or revocation, pursuant to this code: Provided, That before dissolution or revocation for failure to pay fees may occur, the Secretary of State shall notify the entity by certified mail, return receipt requested, of its failure to pay, all late fees or bad check fees associated with the failure to pay and the date upon which dissolution or revocation will occur if all fees are not paid in full. The certified mail required by this subdivision shall be postmarked at least thirty days before the dissolution or revocation date listed in the notice.

            (2) Bad check fee. -- If any corporation, limited partnership, limited liability company or foreign limited liability company submits payment by check or money order for the annual report fee imposed under this article and the check or money order is rejected because there are insufficient funds in the account or the account is closed, the Secretary of State shall assess a bad check fee to the corporation, limited partnership, limited liability company or foreign limited liability company that is equivalent to the service charge paid by the Secretary of State due to the rejected check or money order. The bad check fee assessed under this subdivision shall be deposited into the account or accounts from which the Secretary of State paid the service charge.

            (h) Late fees. -- (1) The following late fees shall be in addition to any other penalties and remedies available elsewhere in this code:

            (A) Administrative late fee. -- The Secretary of State shall assess upon each corporation, limited partnership, limited liability company and foreign limited liability company delinquent in the payment of an annual report fee or the filing of an annual report an administrative late fee in the amount of $50.

            (B) Administrative late fees for nonprofit corporations. -- The Secretary of State shall assess each nonprofit corporation delinquent in the payment of an annual report fee or the filing of an annual report an administrative late fee in the amount of $25.

            (2) The Secretary of State shall deposit the first $25,000 of fees collected under this subsection into the general administrative fees account established in subsection (h), section two of this article, and shall deposit any additional fees collected under this section into the General Revenue Fund of the state.

            (i) Reports to Tax Commissioner; suspension, cancellation or withholding of business registration certificate. --

            (1) The Secretary of State shall, within twenty days after the close of each month, make a report to the Tax Commissioner for the preceding month, in which he or she shall set out the name of every business entity to which he or she issued a certificate to conduct business in the State of West Virginia during that month. The report shall set out the names and addresses all corporations, limited partnerships, limited liability companies and foreign limited liability companies to which he or she issued certificates of change of name or of change of location of principal office, dissolution, withdrawal or merger. If the Secretary of State fails to make the report, it shall be the duty of the Tax Commissioner to report such failure to the Governor. A writ of mandamus shall lie for correction of such failure.

            (2) Notwithstanding any other provisions of this code to the contrary, upon receipt of notice from the Secretary of State that a corporation, limited partnership, limited liability company and foreign limited liability company is more than thirty days delinquent in the payment of annual report fees or in the filing of an annual report required by this section, the Tax Commissioner may suspend, cancel or withhold a business registration certificate issued to or applied for by the delinquent corporation, limited partnership, limited liability company or foreign limited liability company until the same is paid and filed in the manner provided for the suspension, cancellation or withholding of business registration certificates for other reasons under article twelve, chapter eleven of this code.

            (j) Purchase of data. -- The Secretary of State will provide electronically, for purchase, any data maintained in the Secretary of State’s Business Organizations Database. For the electronic purchase of the entire Business Organizations Database, the cost is $12,000. For the purchase of the monthly updates of the Business Organizations Database, the cost is $1,000 per month. The fees received by the Secretary of State pursuant to this subsection shall be deposited by the Secretary of State in the general administrative fees account established by section two, article one, chapter fifty-nine of this code.

            (k) The Secretary of State is authorized to collect the service fee per transaction, if any, charged for an online service from any customer who purchases data or conducts transactions through an online service.

            (l) Rules. -- The Secretary of State may propose legislative rules for promulgation pursuant to article three, chapter twenty-nine-a of this code to implement this article, and may, pending promulgation of those rules, promulgate emergency rules pursuant to those provisions for those purposes.”

            And by amending the title of the bill to read as follows:

            Com. Sub. for H. B. 2553 - “A Bill to amend and reenact §31B-8-809 of the Code of West Virginia, 1931, as amended; to amend and reenact §31B-10-1006 of said code; to amend and reenact §31D-14-1420 of said code; to amend and reenact §31D-15-1530 of said code; to amend and reenact §31E-13-1320 of said code; to amend and reenact §31E-14-1430 of said code; and to amend and reenact §59-1-2a of said code, all relating to the authority to conduct business in the state; authorizing the Secretary of State to administratively dissolve or revoke the certificate of authority of certain business entities; authorizing dissolution or revocation if certain business entities fail to pay fees imposed by law; requiring notice to a business entity by certified mail before dissolution or revocation due to failure to pay fees; permitting a bad check fee if certain payment by check or money order is rejected for certain reasons; authorizing dissolution or revocation if one or more professional licenses have been revoked and the license is or licenses are necessary for the continued operation of the business entity; and authorizing dissolution or revocation if the business entity is in default with the Bureau of Employment Programs.”

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

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 228), and there were--yeas 92, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Marshall and J. Nelson.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2553) passed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 2585, Increasing the time to file a petition in response to notice of an increased assessment.

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

            The following Senate amendment was reported by the Clerk:

            On page three, section fifteen-c, line thirty-five, after the word “section” and the period, by inserting “For purposes of this section, ‘business day’ means a day on which state offices are open for business.”

            And,

            On page four, section fifteen-d, line seven, after the word “Commissioner” and a period, by inserting “For purposes of this section, ‘business day’ means a day on which state offices are open for business.”

            And by amending the title of the bill to read as follows:

            Com. Sub. for H. B. 2585 - “A Bill to amend and reenact §11-3-15c and §11-3-15d of the Code of West Virginia, 1931, as amended, relating to increasing the time to file a petition for review or appeal in response to a notice of an increased assessment of certain real and personal property; and defining business day.”

            On motion of Delegate Boggs, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:

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

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

            The following Senate amendments were reported by the Clerk:

            On page eight, section two, line seventy-three, after the word “authorized”, by striking out the period and inserting the following: “with the following amendment:

            On page three, subsection 8.1., after the word ‘System’, by changing the period to a colon and inserting the following proviso: And provided further, That beginning July 1, 2013, each participating public employer shall contribute fourteen and five-tenths percent (14.5%) of each compensation payment of all its employees who are members of the Public Employees Retirement System.”

            And,

            On page eight, section two, after line seventy-nine, by inserting the following:

            “On page eight, subsection 14.1., after the word ‘System’, by changing the period to a colon and inserting the following proviso: ‘And provided further, That beginning July 1, 2013, the West Virginia State Police shall contribute fourteen and five-tenths percent (14.5%) of the monthly salary of each member of the West Virginia State Police Retirement System to the West Virginia State Police Retirement System;

            And,’”.

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

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 229), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Howell, Lane and Sobonya.

            Absent and Not Voting: Marshall and J. Nelson.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2652) passed.

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

            On this question, the yeas and nays were taken (Roll No. 230), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:

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

            Absent and Not Voting: 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 H. B. 2652) takes effect from its passage.

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

            A message from the Senate, by

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

            H. B. 2729, Allowing schools to voluntarily maintain and use epinephrine auto-injectors.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 2858, Relating generally to consumer rate relief bonds.

            A message from the Senate, by

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

            H. B. 2923, Relating to directors of state-chartered banking institutions.

            A message from the Senate, by

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

            Com. Sub. for H. B. 2940, Relating to regional meetings among certain officials of county boards of education.

            A message from the Senate, by

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

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2013, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 3086, Relating to juvenile services and criminal justice institutions.

            On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

            “That §28-3-1a, §28-3-1b, §28-3-2, §28-3-4, §28-3-5, §28-3-6, §28-3-7, §28-3-8, §28-3-9, §28-3-10, §28-3-11, §28-3-12, §28-3-13, §28-3-14, §28-3-15, §28-3-16, §28-3-17 and §28-3-18 of the Code of West Virginia, 1931, as amended, be repealed; that §25-1-3 of said code be amended and reenacted; and that §28-3-1 of said code be amended and reenacted, all to read as follows:

CHAPTER 25. DIVISION OF CORRECTIONS.

ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.

§25-1-3. Institutions managed by Commissioner of Corrections; certain institutions transferred to Department of Health and Human Resources; establishment of work and study release units; contracting with certain entities for reentry and direct placement services; reports to Governor.

            (a) The Commissioner of Corrections shall manage, direct, control and govern the following penal or correctional institutions and any others placed under his or her jurisdiction or control:

            Mount Olive Correctional Complex;

            Huttonsville Correctional Center;

            Anthony Correctional Center;

            Denmar Correctional Center;

            Pruntytown Correctional Center;

            Northern West Virginia Correctional Center;

            St. Marys Correctional Center;

            Lakin Correctional Center;

            Ohio County Correctional Center;

            Beckley Correctional Center; and

            Martinsburg Correctional Center;

            Salem Correctional Center; and

            Parkersburg Correctional Center.

            (b) The Commissioner of Corrections may contract with the County Commission of McDowell County to house and incarcerate inmates at the Stevens Correctional Center consistent with all requirements and standards governing the Division of Corrections.

            (c) Jurisdiction of and title to the West Virginia Children’s Home at Elkins are hereby transferred to the Department of Health and Human Resources, which is the custodian of all deeds and other muniments of title to the property and shall record those that are susceptible of recordation to be recorded in the proper offices. Notwithstanding any provision of this code to the contrary, the West Virginia Children’s Home shall be managed and controlled by a superintendent appointed by the Commissioner of the Division of Human Services.

            (d) The Commissioner of Corrections may establish work and study release units as extensions and subsidiaries of those state institutions under his or her control and authority. The work and study release units may be coeducational and shall be managed, directed and controlled as provided in this article.

            (e) (1) The commissioner may contract with nonprofit or charitable entities including, but not limited to, nonprofit community mental health clinics, operating half-way houses or transitional housing facilities for the placement of persons in the commissioner’s custody, whether confined or under parole supervision, as long as such facilities meet standards and criteria established by the commissioner.

            (2) (A) The Commissioner of Corrections may direct that a person who is placed in a half-way house or transitional housing facility under this section make reimbursement to the state in the amount of a reasonable sum calculated to offset all or part of the costs of the placement.

            (B) Prior to ordering the person to make the reimbursement, the commissioner, or his or her designee, shall consider the following:

            (i) The person’s ability to pay;

            (ii) The nature and extent of the person’s responsibilities to his or her dependents, if any;

            (iii) The length of probable incarceration under the court’s sentence; and

            (iv) The effect, if any, that reimbursement might have on the person’s rehabilitation.

            (f) The Division of Corrections shall provide the number of persons placed in a half-way house or a transitional housing facility pursuant to subsection (e) of this section in its report made pursuant to section twenty, article one, chapter five of this code, and shall describe its plans to use the authority provided under the provisions of subsection (e) of this section in furtherance of the duties and responsibilities imposed by this article.

            (g) Any person employed by the Office of Public Institutions who on the effective date of this article is a classified civil service employee shall, within the limits contained in section two, article six, chapter twenty-nine of this code. remain in the civil service system as a covered employee

CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.

ARTICLE 3. INDUSTRIAL HOME FOR YOUTH.

§28-3-1. Renaming West Virginia Industrial Home for Youth as Salem Correctional Center; transferring control to Division of Corrections.

            (a) Effective July 1, 2013, the West Virginia Industrial Home for Youth shall be known as the Salem Correctional Center. The Salem Correctional Center is hereby transferred to the Division of Corrections.

            (b) Commencing July 1, 2013, wherever the ‘West Virginia Industrial Home for Youth’ is referred to in this code, it shall mean the ‘Salem Correctional Center’.”

            And,

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

            Com. Sub. for H. B. 3086 - “A Bill to repeal §28-3-1a, §28-3-1b, §28-3-2, §28-3-4, §28-3-5, §28-3-6, §28-3-7, §28-3-8, §28-3-9, §28-3-10, §28-3-11, §28-3-12, §28-3-13, §28-3-14, §28-3-15, §28-3-16, §28-3-17 and §28-3-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §25-1-3 of said code; and to amend and reenact §28-3-1 of said code, all relating to state correctional and penal institutions; renaming the Industrial Home for Youth the Salem Correctional Center; transferring control of the Salem Correctional Center to the Division of Corrections; and authorizing the Parkersburg Correctional Center and placing it under the control of the Division of Corrections.”

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

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 231), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Marshall and J. Nelson.

             So, a majority 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) passed.

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

            On this question, the yeas and nays were taken (Roll No. 232), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: 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 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.

            A message from the Senate, by

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

            H. B. 3104, Authorizing certain legislative rules regarding higher education.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

            Com. Sub. for S. B. 145, Amending election complaint procedures.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of

            S. B. 458, Permitting PEIA operate Medicare retiree health plan on calendar-year basis.

Petitions

            Delegate Ireland presented a petition on behalf of his constituents in support of H. B. 2580, providing that all future federal, state and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments are invalid and unenforceable; which was referred to the Committee on the Judiciary.

Special Calendar

Unfinished Business

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

            Com. Sub. for H. C. R. 56, The “John Edgar Saville Memorial Bridge”,

            H. C. R. 112, The “Army Command Sergeant Major Wade Damron Memorial Bridge”,

            Com. Sub. for H. C. R. 120, The “1st Sergeant Walter Criss Bridge, United States Army”,

            Com. Sub. for H. C. R. 121, The “LSC Andrew Scott Mollohan Memorial Bridge”,

            H. C. R. 125, The “Army Sergeant Richard Bowry Memorial Bridge”,

            H. C. R. 126, The “John Jacob Fry II Memorial Highway”,

            H. C. R. 133, The “James T. and Paul T. Billups Bridge”,

            And,

            H. C. R. 135, Proclaiming West Virginia as a Purple Heart State.

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

Third ReadingCom. Sub. for S. B. 60, Relating to name-change notice publication requirements; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:

ARTICLE 25. CHANGE OF NAME.

§48-25-101. Petition to circuit court or family court for change of name; contents thereof; notice of application.

            (a) Any A person desiring a change of his or her own name, or that of his or her child, may apply to the circuit court or family court of the county in which he or she resides by a verified petition setting forth and affirming the following:

            (1) That he or she has been a bona fide resident of the county for at least one year prior to the filing of the petition or that he or she is a nonresident of the county who was born in the county, was married in the county and was previously a resident of the county for a period of at least fifteen years;

            (2) The cause for which the change of name is sought;

            (3) The new name desired;

            (4) The name change is not for purposes of avoiding debt or creditors;

            (5) The petitioner seeking the name change is not a registered sex offender pursuant to any state or federal law;

            (6) The name change sought is not for purposes of avoiding any state or federal law regarding identity;

            (7) The name change sought is not for any improper or illegal purpose;

            (8) The petitioner is not a convicted felon in any jurisdiction; and

            (9) The name change sought is not for any purpose of evading detection, identification or arrest by any local, state or federal law-enforcement agency; and

            (10) Whether or not the petitioner desires to protect his or her identity for personal safety reasons.

            (b) Prior to After filing the petition and at least ten days before the hearing to consider the application, the person shall cause a notice of the time and place that the application will be made to be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The petitioner shall in the notice set forth the name to which his or her name will be changed, unless as shown in the petition upon good cause shown to the court, the name change is being requested because the petitioner desires to protect his or her identity for personal safety reasons. Provided, That upon good cause shown, there may be a closed hearing. The publication area for the publication is the county. Provided, That The publication shall contain a provision that the hearing may be rescheduled without further notice or publication.”

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 233), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: 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. 60) 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:

            Com. Sub. for S. B. 60 - “A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to change of name; establishing certain time frames to publish the notice for name change; requiring the published notice to include the petitioner’s proposed new name; providing an exception to the inclusion of the proposed new name in the publication; and providing for a closed hearing in certain circumstances.”

            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. 71, Requiring descriptions of easements and rights-of-way include width in addition to centerline; exception; on third reading, coming up in regular order, was reported by the Clerk.

            At the request of Delegate Miley, and by unanimous consent the rule was suspended to permit offering and consideration of an amendment of the bill on third reading.

            On motion of Delegate Miley, the bill was amended on page four, section five-a, line thirty-seven, following the word “under”, by striking out the words “section twelve, article 13-a, chapter thirty” and inserting in lieu thereof the words “section two-a, article one, chapter thirty-nine”.

            Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for S. B. 71 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. 234), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: 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. 71) passed.

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

            S. B. 108, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team; 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. 235), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: 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. 108) passed.

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

            S. B. 108 - “A Bill to repeal §48-25A-1, §48-25A-2, and §48-25A-3 of the Code of West Virginia, 1931, as amended; to repeal §48-27A-1, §48-27A-2, and §48-27A-3 of said code; to repeal §49-5D-5 of said code; and to amend said code by adding thereto a new article, designated §61-12A-1, §61-12A-2, §61-12A-3, §61-12A-4 and §61-12A-5; all relating to a fatality review team; combining other fatality review teams; setting forth membership of the team; setting forth terms of office; setting forth responsibilities of the team; providing for certain actions the team may not take in exercising its duties; requiring an annual report; providing confidentiality; setting forth record-keeping requirements; authorizing access to certain records; requiring certain agencies to cooperate with the team; and requiring the promulgation of legislative rules.”

            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. 158, Creating Complete Streets Act; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 236), and there were--yeas 92, nays 7, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Andes, Cowles, Folk, Gearheart, Householder, Howell and Kump.

            Absent and Not Voting: 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. 158) passed.

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

            Com. Sub. for S. B. 580, Updating requirements for dental intern, resident and teaching permits; 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. 237), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: 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. 580) passed.

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

            Com. Sub. for S. B. 580 - “A Bill to repeal §30-4-8a, §30-4-10a, §30-4-25, §30-4-26, §30-4-27, §30-4-28 and §30-4-29 of the Code of West Virginia, 1931, as amended; to repeal §30-4A-6a, §30-4A-6b, §30-4A-6c, §30-4A-6d and §30-4A-18 of said code; to repeal §30-4B-5, §30-4B-6, §30-4B-7 and §30-4B-8 of said code; to amend and reenact §30-4-1, §30-4-2, §30-4-3, §30-4-4, §30-4-5, §30-4-6, §30-4-7, §30-4-8, §30-4-9, §30-4-10, §30-4-11, §30-4-12, §30-4-13, §30-4-14, §30-4-15, §30-4-16, §30-4-17, §30-4-18, §30-4-19, §30-4-20, §30-4-21, §30-4-22, §30-4-23 and §30-4-24 of said code; to amend and reenact §30-4A-1, §30-4A-2, §30-4A-3, §30-4A-4, §30-4A-5, §30-4A-6, §30-4A-7, §30-4A-8, §30-4A-9, §30-4A-10, §30-4A-11, §30-4A-12, §30-4A-13, §30-4A-14, §30-4A-15, §30-4A-16 and §30-4A-17 of said code; and to amend and reenact §30-4B-1, §30-4B-2, §30-4B-3 and §30-4B-4 of said code, all relating to the practice of dentistry; prohibiting the practice of dentistry without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, certification and permit requirements; continuing a scope of practice; creating temporary permits; establishing renewal requirements; providing for exemptions from licensure; providing requirements for the display of a board authorization; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; updating the requirements concerning the use of anesthesia; updating the requirements of dental laboratory services and updating references.”

            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. 2538, Expiring, supplementing, amending, increasing, and adding items of appropriation in various accounts; on third reading, coming up in regular order, was read a third time.

            On the passage of the bill, the yeas and nays were taken (Roll No. 238), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2538) passed.

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

            On this question, the yeas and nays were taken (Roll No. 239), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: 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. 2538) 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. 2541, Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services; on third reading, coming up in regular order, was read a third time.

            On the passage of the bill, the yeas and nays were taken (Roll No. 240), and there were--yeas 64, nays 35, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Arvon, Ashley, Border, Butler, Cadle, Cooper, Cowles, Ellem, Espinosa, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, E. Nelson, O’Neal, Overington, Raines, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2541) passed.

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

            On this question, the yeas and nays were taken (Roll No. 241), and there were--yeas 64, nays 35, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Arvon, Ashley, Border, Butler, Cadle, Cooper, Cowles, Ellem, Espinosa, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, E. Nelson, O’Neal, Overington, Raines, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the motion for the effective date rejected.

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

Second ReadingS. B. 208, Making supplementary appropriation from State Fund, General Revenue, to Department of Commerce, Division of Labor, and DHHR, Division of Human Services; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 214, Eliminating interview requirement for certain medical licensee applicants; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 358, Relating to municipal policemen and firemen pensions; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 387, Relating to family court judge supervision of criminal background investigations; on third reading, coming up in regular order, was read a third time.

            Com. Sub. for S. B. 435, Continuing Municipal Home Rule Pilot Program; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Government Organization, was reported by the Clerk, on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.

§8-1-5a. Municipal Home Rule Pilot Program.

            (a) Legislative findings. -- The Legislature finds and declares that:

            (1) The initial Municipal Home Rule Pilot Program brought innovative results, including novel municipal ideas that became municipal ordinances which later resulted in new statewide statutes;

            (2) The initial Municipal Home Rule Pilot Program also brought some novel municipal ideas that resulted in court challenges against some of the participating municipalities;

            (3) The Municipal Home Rule Board was an essential part of the initial Municipal Home Rule Pilot Program but it lacked some needed powers and duties;

            (4) Municipalities still face challenges delivering services required by federal and state law, or demanded by their constituents;

            (5) Municipalities are sometimes restrained by state statutes, policies and rules that challenge their ability to carry out their duties and responsibilities in a cost-effective, efficient and timely manner;

            (6) Continuing the Municipal Home Rule Pilot Program is in the public interest; and

            (7) Increasing the powers and duties of the Municipal Home Rule Board will enhance the Municipal Home Rule Pilot Program.

            (b) Continuance of pilot program. -- The Municipal Home Rule Pilot Program is continued until July 1, 2019. The ordinances enacted by the four participating municipalities pursuant to the initial Municipal Home Rule Pilot Program are hereby authorized and may remain in effect until the ordinances are repealed, but are null and void if amended and such amendment is not approved by the Municipal Home Rule Board: Provided, That any ordinance enacting a municipal occupation tax is hereby null and void.

            (c) Authorizing participation. -- Commencing July 1, 2013, any Class I, Class II, Class III and/or Class IV municipality, that is current in payment of all state fees, may participate in the Municipal Home Rule Pilot Program pursuant to the provisions of this section: Provided, That the four municipalities participating in the pilot program on July 1, 2012, are hereby authorized to continue in the pilot program and may amend current written plans and/or submit new written plans in accordance with the provisions of this section.

            (d) Municipal Home Rule Board. -- The Municipal Home Rule Board is hereby continued. The board members serving on the board on July 1, 2012, may continue to serve, except that the Chair of the Senate Committee on Government Organization and the Chair of the House Committee on Government Organization shall be ex officio nonvoting members. Effective July 1, 2013, the Municipal Home Rule Board shall consist of the following five voting members:

            (1) The Governor, or a designee, who shall serve as chair;

            (2) The Executive Director of the West Virginia Development Office or a designee;

            (3) One member representing the Business and Industry Council, appointed by the Governor with the advice and consent of the Senate;

            (4) One member representing the largest labor organization in the state, appointed by the Governor with the advice and consent of the Senate; and

            (5) One member representing the West Virginia Chapter of American Institute of Certified Planners, appointed by the Governor with the advice and consent of the Senate.

            (e) Board’s powers and duties. -- The Municipal Home Rule Board has the following powers and duties:

            (1) Establish specific eligibility criteria for the application process and documentation required for participation in the Municipal Home Rule Pilot Program;

            (2) Review, evaluate, make recommendations and approve or reject, by a majority vote of the board, each aspect of the written plan submitted by a municipality;

            (3) By a majority vote of the board, select, based on the municipality’s written plan, new Class I, Class II, Class III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program;

            (4) Review, evaluate, make recommendations and approve or reject, by a majority vote of the board, the amendments to the written plans submitted by municipalities;

            (5) Approve or reject, by a majority vote of the board, each ordinance submitted by a participating municipality pursuant to its written plan or its amendments to the written plan;

            (6) Consult with any agency affected by the written plans or the amendments to the written plans; and

            (7) Perform any other powers or duties necessary to effectuate the provisions of this section.

            (f) Written plan. -- On or before June 1, 2014, a Class I, Class II, Class III or Class IV municipality desiring to participate or continue to participate in the Municipal Home Rule Pilot Program shall submit a written plan to the board stating in detail the following:

            (1) The specific laws, acts, resolutions, policies, rules or regulations which prevent the municipality from carrying out its duties in the most cost-efficient, effective and timely manner;

            (2) The problems created by the laws, acts, resolutions, policies, rules or regulations;

            (3) The proposed solutions to the problems, including all proposed changes to ordinances, acts, resolutions, rules and regulations: Provided, That the specific municipal ordinance instituting the solution does not have to be included in the written plan; and

            (4) A written opinion, by an attorney licensed to practice in West Virginia, stating that the proposed written plan does not violate the provisions of this section.

            (g) Public hearing on written plan. -- Prior to submitting its written plan to the board, the municipality shall:

            (1) Hold a public hearing on the written plan;

            (2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;

            (3) Make a copy of the written plan available for public inspection at least thirty days prior to the public hearing; and

            (4) After the public hearing, adopt an ordinance authorizing the municipality to submit a written plan to the Municipal Home Rule Board after the proposed ordinance has been read two times.

            (h) Selection of municipalities. -- On or after June 1, 2014, by a majority vote, the Municipal Home Rule Board may select from the municipalities that submitted written plans and were approved by the board by majority vote new Class I, Class II, Class III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program.

            (i) Ordinance, act, resolution, rule or regulation. -- After being selected to participate in the Municipal Home Rule Pilot Program and prior to enacting an ordinance, act, resolution, rule or regulation based on the written plan, the municipality shall:

            (1) Hold a public hearing on the proposed ordinance, act, resolution, rule or regulation;

            (2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;

            (3) Make a copy of the proposed ordinance, act, resolution, rule or regulation available for public inspection at least thirty days prior to the public hearing;

            (4) After the public hearing, submit the comments, either in audio or written form, to the Municipal Home Rule Board;

            (5) Obtain approval, from the Municipal Home Rule Board by a majority vote, for the proposed ordinance, act, resolution, rule or regulation; and

            (6) After obtaining approval from the Municipal Home Rule Board, read the proposed ordinance, act, resolution, rule or regulation at least two times.

            (j) Powers and duties of municipalities. -- The municipalities participating in the Municipal Home Rule Pilot Program have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section, that is not contrary to:

            (1) Environmental law;

            (2) Bidding on government construction and other contracts;

            (3) The Freedom of Information Act;

            (4) The Open Governmental Proceedings Act;

            (5) Wages for construction of public improvements;

            (6) The provisions of this section; and

            (7) The municipality’s written plan.

            (k) Prohibited acts. -- The municipalities participating in the Municipal Home Rule Pilot Program do not have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section, pertaining to:

            (1) The Constitutions of the United States or West Virginia;

            (2) Federal law or crimes and punishment;

            (3) Chapters sixty-a, sixty-one and sixty-two of this code or state crimes and punishment;

            (4) Pensions or retirement plans;

            (5) Annexation;

            (6) Taxation: Provided, That a participating municipality may enact a municipal sales tax up to one percent if it reduces or eliminates its municipal business and occupation tax: Provided, however, That if a municipality subsequently reinstates or raises the municipal business and occupation tax it previously reduced or eliminated under the Municipal Home Rule Pilot Program, it shall eliminate the municipal sales tax enacted under the Municipal Home Rule Pilot Program:  Provided, further, That any municipality that imposes a municipal sales tax pursuant to this section shall use the services of the Tax Commissioner to administer, enforce and collect the tax in the same manner as the state consumers sales and service tax and use tax under the provisions of articles fifteen, fifteen-a and fifteen-b, chapter eleven of this code and all applicable provisions of the streamlined sales and use tax agreement: And provided, further, That such tax will not apply to the sale of motor fuel or motor vehicles;

            (7) Tax increment financing;

            (8) Extraction of natural resources;

            (9) Persons or property outside the boundaries of the municipality: Provided, That this prohibition under the Municipal Home Rule Pilot Program does not affect a municipality’s powers outside its boundary lines under other sections of this chapter, other chapters of this code, or court decisions;

            (10) Marriage and divorce laws; and

            (11) Restricting the carrying of a firearm, as that term is defined in section two, article seven, chapter sixty-one of this code.

            (l) Amendments to written plans. -- A municipality selected to participate in the Municipal Home Rule Pilot Program may amend its written plan at any time.

            (m) Reporting requirements. -- Commencing December 1, 2015, and each year thereafter, each participating municipality shall give a progress report to the Municipal Home Rule Board, and commencing January 1, 2016, and each year thereafter, the Municipal Home Rule Board shall give a summary report of all the participating municipalities to the Joint Committee on Government and Finance.

            (n) Termination of the pilot program. -- The Municipal Home Rule Pilot Program terminates on July 1, 2019. No ordinance, act, resolution, rule or regulation may be enacted by a participating municipality after July 1, 2019, pursuant to the provisions of this section. An ordinance, act, resolution, rule or regulation enacted by a participating municipality under the provisions of this section during the period of the Municipal Home Rule Pilot Program shall continue in full force and effect until repealed, but is null and void if it is amended and such amendment is not approved by the Municipal Home Rule Board.”

            On motion of Delegate Sobonya, the amendment was amended on page seven, following line eleven, by inserting a new subdivision to read as follows:

            “(8) The Constitution of the United States or West Virginia.”

            On motion of Delegate Sobonya, the amendment was then amended on page eight, following line twenty-four, by inserting new subdivision to read as follows:

            “(12) A fee or assessment payable by a non-resident of a municipality, which is substantially equivalent to an occupation tax.”

            On motion of Delegate Sobonya, the amendment was then amended on page nine, following line eleven, by striking out subsection (n) in its entirety and inserting in lieu thereof the following:

            “(n) Before the January 1, 2018, the Performance Evaluation and Review Division shall conduct a performance review on the pilot program and the participating municipalities and/or metro governments. The review shall include the following:

            (1) An evaluation of the effectiveness of expanded home rule on the participating municipalities and/or metro governments;

            (2) A recommendation as to whether the expanded home rule should be continued, reduced, expanded or terminated;

            (3) A recommendation as to whether any legislation is necessary; and

            (4) Any other issues considered relevant.

            (o) The pilot program terminates July 1, 2019.

            (p) No ordinances, acts, resolutions, rules or regulations may be enacted by a municipality or metro government, after July 1, 2019, pursuant to the provisions of this section, unless otherwise authorized by the Legislature.

            (q) An ordinance, act, resolution, rule or regulation enacted by a participating municipality under the provisions of this section during the period of the Municipal Home Rule Pilot Program shall continue in full force and effect until repealed, but is null and void if it is amended and such amendment is not approved by the Municipal Home Rule Board.”

            On motion of Delegate Lane the amendment was amended on page eight, line twenty-four immediately following the word “code”, by inserting a colon and the following:

            Provided, That, notwithstanding the provisions of subsection (r) of this section, municipalities may regulate the carrying of a firearm in municipal buildings dedicated to government operations, other than parking buildings or garages”

            And,

            On page nine after line twenty by inserting the following new subsection:

            “(r) Additional requirements for participation. –The Class I, Class II, Class III and/or Class IV municipalities, that wish to participate in the Municipal Home Rule Pilot Program, pursuant to the provisions of this section, must agree to the requirements set forth in this subsection, concerning regulation of firearms, ammunition and firearm accessories: Provided, That if the four municipalities participating in the pilot program on July 1, 2012, wish to continue in the pilot program then those municipalities must also agree to comply with the requirements of this subsection.

             (1) Definitions.

            As used in this subsection:

            (A) ‘Ammunition’ means fixed cartridge ammunition, shotgun shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles for muzzle-loading firearms and any propellant used in firearms or ammunition.

            (B) ‘Firearm accessory’ means a device specifically designed or adapted to enable the wearing or carrying about one’s person, or the storage or mounting in or on a conveyance, of a firearm, or an attachment or device specifically designed or adapted to be inserted into or affixed onto a firearm to enable, alter or improve the functioning or capabilities of the firearm.

            (C) ‘Firearm’ has the same meaning as in section two, article seven of chapter sixty-one.

            (2) General rule.

            (A) Notwithstanding any other provision of this Code to the contrary, except as otherwise provided for within this section, municipalities participating in the home rule program pursuant to this section shall not restrict in any manner the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun, or any other firearm, or any ammunition or ammunition components to be used therewith, or the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition, or, to restrict in any manner the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any other firearm accessory or accouterment; to the complete exclusion of any order, ordinance or rule promulgated or enforced by any political subdivision of this state.

            (B) The authority of a political subdivision to regulate firearms, ammunition, or firearm accessories may not be inferred from its proprietary authority, home rule status or any other inherent or general power.

            (C) Any existing or future orders, ordinances, or rules promulgated or enforced in violation of this subsection are null and void.

            (3) Applicability and effective dates.

            This subsection applies to any order, ordinance or rule adopted by a municipality covered by the provisions of this section or to official actions taken by an employee or agent of such municipality, on or after the effective date of this article. Upon the effective date of this article, any grandfathered municipal gun ordinances which were in effect at the time of the original passage of section five-a, article twelve, chapter eight of this code shall no longer be of any force or effect for any municipality participating in this program, to the extent they are in conflict with the provisions of this article: Provided, That no provision in this subsection may be construed to limit the authority of a county or municipality to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.

            There being no further amendments, the amendment recommended by the Committee on Government Organization, as amended, was then adopted.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 440, Relating to disclosure of specified tax information for enforcement of Tobacco Master Settlement Agreement; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 445, Allowing Tax Commissioner divert lottery prizes to offset tax liabilities of lottery winners; on second reading, coming up in regular order, was read a second time.

            Delegate Shott moved to amend the bill on page three, line fifteen immediately following the word “section”, by inserting and semicolon and the words “which procedure shall result in the expeditious payment of the prize winner of the amount of the prize, less any delinquent taxes, at the time of the presentation of the winning ticket or other proof of claim”,

            And,

            On page three, line fifteen immediately following the word “section” and the period, by striking out the words, “The director shall include in the agreement a method by which Lottery Director will provide the names of lottery winners as expeditiously as possible.”

            The Speaker put the question on the adoption of the foregoing amendment, and the same did not prevail.

            The bill was then ordered to third reading.

            The following bills on second reading, coming up in regular order, were each read a second time and ordered third reading:

            S. B. 446, Conforming motor fuel taxes with International Fuel Tax Agreement,

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

            Com. Sub. for S. B. 478, Redefining “video lottery games”; permitting wagering by historic resort hotel employees,

            S. B. 491, Relating to rental car license cost recovery fee,

            S. B. 504, Relating to cooperative associations,

            S. B. 524, Supplementing, amending, decreasing and increasing appropriations from State Road Fund to DOT,

            S. B. 526, Making supplementary appropriation of federal funds to DHHR, Division of Human Services-Temporary Assistance for Needy Families,

            Com. Sub. for S. B. 534, Correcting internal code reference regarding insurance information disclosure,

            Com. Sub. for S. B. 542, Relating to restricted races at pari-mutuel thoroughbred horse race tracks,

            Com. Sub. for S. B. 544, Scheduling departmental performance reviews,

            And,

            Com. Sub. for S. B. 553, Relating to Highway Design-Build Program.

            Com. Sub. for S. B. 557, Continuing Preventive Care Pilot Program; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page two, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

            “That §16-2J-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2J. PREVENTIVE CARE PILOT PROGRAM.

§16-2J-3. Authorization of preventive care pilot program; number of participants and sites; Health Care Authority considerations in selection of participating providers; funding.

            (a) (1) The Health Care Authority shall, in consultation with the Insurance Commissioner, develop and implement during the fiscal year beginning July 1, 2006, a pilot program that permits providers to market and sell prepaid memberships entitling subscribers to obtain preventive and primary health care from the participating providers.

            (2) Participating providers shall not be allowed to offer their qualifying services at more than six separate sites.

            (3) The pilot program shall expire on June 30, 2011 2016.

            (4) Those providers participating in the pilot program as of its expiration date may continue to operate pursuant to this article.

            (5) The Health Care Authority shall report to the Legislative Oversight Commission on Health and Human Resources Accountability on the pilot program by December 1, 2015.

            (b) Subject to this article, the Health Care Authority is vested with discretion to select providers using diversity in practice organization, geographical diversity and other criteria it deems appropriate. The Health Care Authority also shall give consideration to providers located in rural areas or serving a high percentage or large numbers of uninsured.

            (c) In furtherance of the objectives of this article, the Health Care Authority is authorized to accept any and all gifts, grants and matching funds whether in the form of money or services. However, no gifts, grants and matching funds shall be provided to the Health Care Authority by the State of West Virginia to further the objectives of this article.”

            The bill was then ordered to third reading.

            S. B. 561, Establishing Tucker County Cultural District Authority; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 658, Extending time for Madison City Council to meet as levying body; on second reading, coming up in regular order, was read a second time and ordered to third reading.

First Reading

            The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

            S. B. 65, Exempting PERS retirement income of DNR police officers from state income tax,

            S. B. 82, Requiring rate-paying residential customer on public service board,

            S. B. 194, Repealing code relating to Medicaid program contract procedure,

            Com. Sub. for S. B. 195, Removing tax rate expiration date on eligible acute care hospitals,

            Com. Sub. for S. B. 200, Relating to Eyewitness Identification Act,

            Com. Sub. for S. B. 202, Creating WV Spay Neuter Assistance Program and Fund,

            Com. Sub. for S. B. 243, Authorizing DEP promulgate legislative rules,

            Com. Sub. for S. B. 250, Authorizing Department of Commerce promulgate legislative rules,

            Com. Sub. for S. B. 265, Authorizing DHHR promulgate legislative rules,

            Com. Sub. for S. B. 270, Authorizing Department of Revenue promulgate legislative rules,            Com. Sub. for S. B. 281, Authorizing Department of Transportation promulgate legislative rules,

            S. B. 331, Permitting Courthouse Facilities Improvement Authority to issue bonds,

            Com. Sub. for S. B. 355, Relating to final wage payment to discharged employees,

            Com. Sub. for S. B. 369, Relating to concealed handgun license reciprocity,

            Com. Sub. for S. B. 371, Relating to prison overcrowding,

            Com. Sub. for S. B. 386, Relating to personal safety orders,

            Com. Sub. for S. B. 401, Relating to Board of Registration for Professional Engineers,

            S. B. 407, Requiring cellular and phone companies provide certain information to Bureau for Child Support Enforcement,

            Com. Sub. for S. B. 426, Relating to filings under Uniform Commercial Code as to secured transactions,

            Com. Sub. for S. B. 437, Regulating commercial dog-breeding operations,

            S. B. 441, Relating to withdrawal of erroneous state tax liens,

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

            Com. Sub. for S. B. 464, Regulating tanning facilities,

            Com. Sub. for S. B. 469, Clarifying service credit for certain PERS members,

            Com. Sub. for S. B. 477, Relating to electronic registration of voters,

            Com. Sub. for S. B. 481, Relating to juvenile mental health treatment,

            Com. Sub. for S. B. 482, Relating to sale of voter registration lists,

            S. B. 515, Relating to use of television receivers and other devices in vehicles,

            S. B. 523, Making supplementary appropriation of unappropriated moneys to various accounts,

            S. B. 525, Making supplementary appropriation of federal funds to various accounts,

            Com. Sub. for S. B. 535, Relating to process for maintaining voter registration lists,

            Com. Sub. for S. B. 538, Eliminating requirement law enforcement maintain files of domestic violence orders,

            Com. Sub. for S. B. 586, Transferring authority to license cosmetology, barber and massage schools to Council for Community and Technical College Education,

            S. B. 596, Determining grant awards for Chesapeake Bay and Greenbrier River watershed compliance projects,

            Com. Sub. for S. B. 604, Expanding definition of “electioneering communication”,

            S. B. 623, Relating to funding for probation officers to address truancy,

            S. B. 663, Creating WV Feed to Achieve Act,

            S. B. 664, Decreasing appropriations of public moneys in State Fund, General Revenue,

            And,

            Com. Sub. for H. B. 2014, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.

            At 12:11 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.

* * * * * * *

Afternoon Session

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

Committee Reports

            Delegate 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. 157, Exempting certain nonresidents from Class D license requirement,         

            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. 157) was referred to the Committee on the Judiciary.

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 172, Relating to nonintoxicating beer distributor licensees,

            Com. Sub. for S. B. 423, Providing certain convicted persons reduction in sentence,

            And,

            Com. Sub. for S. B. 489, Permitting community enhancement districts to decrease annual property assessments,

            And reports the same back, with amendments, with the recommendation that they each do pass, as amended.

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

            Your Committee on Finance has had under consideration:

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

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

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

            Your Committee on the Judiciary has had under consideration:

            S. B. 507, Relating to PERS and State Police Retirement System contribution rates,

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

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 21, Creating Health Care Provider Transparency Act,

            Com. Sub. for S. B. 22, Requiring maternity services coverage for all health insurance plan dependents in certain circumstances,

            Com. Sub. for S. B. 101, Clarifying Medical Professional Liability Act applies to nursing homes and their health care providers,

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

            And,

            S. B. 652, Requiring criminal background checks for home inspector applicants,

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

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 103, Creating WV Commuter Rail Access Act,

            S. B. 125, Permitting Monongalia County Commission to levy special district excise tax,

            Com. Sub. for S. B. 146, Collecting unpaid magistrate court charges through income tax refund withholding,

            S. B. 394, Relating to scholarships for dependent children of state troopers who die in performance of duty,

            Com. Sub. for S. B. 438, Authorizing reorganization of certain community and technical colleges,

            And,

            Com. Sub. for S. B. 444, Relating to higher education generally,

            And reports the same back, with amendments, with the recommendation that they each do pass, as amended.

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

            Your Committee on Finance has had under consideration:

            S. B. 403, Relating to judicial retirement system contribution rates,

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

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

By Delegates White, Reynolds, Williams, Perdue, Anderson, Nelson, Skaff, A. Evans, Guthrie, Gearheart, Pethtel, Storch, L. Phillips, Moye, Andes, D. Poling, Canterbury, Miller, Craig, Walters, Cowles, R. Phillips, Ashley, Iaquinta and Marshall:

            H. C. R. 148 - “Requesting the Joint Committee on Government and Finance to undertake a study of current procurement and purchasing procedures,”

            Whereas, a wide variety of products and services are contracted for by state agencies every year; and

            Whereas, using the most efficient and fair purchasing and procurement procedures may result in savings of state funds for those products and services; and

            Whereas, a number of models and procedures are used by government entities for purchasing and procurement of products and services; and

            Whereas, uniformity of these purchasing and procurement procedures will ensure fairness and equality in obtaining products and services on behalf of the state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Joint Committee on Government and Finance to undertake a study of current purchasing procedures, including statutes, legislative rules and any handbook or policies adopted by the Purchasing Division; the possible adoption of the Model Procurement Act, in whole or in part; and procurement methods currently being utilized, including open-ended contracts, piggyback contracts, secondary bidding, and contracts awarded to multiple vendors; and, be it

            Further Resolved, That the Joint Committee on Government and Finance be authorized to require the testimony of acknowledged experts and others, as well as all records, that it deems necessary to complete a thorough study of these issues and matters ancillary thereto; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the 2014 Regular Session of the Legislature 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 all reports and draft legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.

            And,

By Delegates White, Reynolds, Williams, Perdue, Anderson, Nelson, Skaff, A. Evans, Guthrie, Gearheart, Pethtel, Storch, L. Phillips, Moye, Andes, D. Poling, Canterbury, Miller, Craig, Walters, Cowles, R. Phillips, Ashley, Iaquinta and Marshall:

            H. C. R. 149 – “Requesting the Joint Committee on Government and Finance to study the proposals of the executive department of this state for the disposition of general revenue surplus revenues and earnings accruing on moneys held in reserve.”

            Whereas, Legislative enactments have for a number of years dedicated up to one-half of any surplus revenues in the General Revenue Fund of the State that may exist at the end of a fiscal year to the State’s Revenue Shortfall Reserve Fund, popularly known as “Rainy Day A;” and

            Whereas, Those enactments have afforded the Legislature the flexibility to use the balance of those surplus revenues to exercise its discretion in the discharge of its constitutional duty to appropriate the general revenues of this state for the benefit of its citizens; and

            Whereas, Legislative enactments direct that earnings continue to accrue until 2025 on the moneys of the Revenue Shortfall Reserve Fund - Part B, popularly known as “Rainy Day B,” to increase its principal in order that, beginning in 2025, its earnings will provide significant funding for medical programs of the state; and

            Whereas, The Governor has introduced legislation that would eliminate the Legislature’s discretion over the use of the balance of surplus revenues in the appropriations process and the accompanying flexibility to apply those funds where they are most needed as dictated by the needs of the citizens of this state under circumstances that arise when those surplus revenues become available and, instead, immediately and permanently restrict the expenditure of the surplus revenues for two purpose selected by the Governor; and

            Whereas, The Governor’s proposed legislation would also dismantle the Legislature’s savings plan and, instead, immediately and permanently restrict the expenditure of the Rainy Day B earnings for a sole purpose selected by the Governor; and

            Whereas, The Governor has introduced legislation that proposes findings that the State of West Virginia has suffered a revenue shortfall of approximately $49 million as compared to revenue estimates; that current economic and fiscal trends will result in projected year-end revenue deficits, including projected shortfalls in Business and Occupation Tax, Severance Tax and Interest Income; that projected year-end revenue surpluses in various other General Revenue sources will only offset a small portion of these deficits; and that on March 19, 2013, the Governor issued a memorandum to cabinet secretaries implementing temporary restrictions on general revenue funded hiring to help reduce expenditures and close the anticipated budget gap in fiscal year 2013; and

            Whereas, It now appears unlikely that there will be any significant amount of surplus revenues in the General Revenue Fund of the State at the end of fiscal year 2013 available for disposition, and that, therefore, sufficient time is available to the Legislature to engage in deliberative consideration of the Governor’s proposals in relation to the highest and best exercise of the constitutional responsibilities vested in the Legislature; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the proposals made in House Bill No. 2509 and Senate Bill No. 191, both introduced during the regular session of the Legislature, 2013, at the request of the executive; and, be it

            Further Resolved, That the committee 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.

            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. 630, Relating to Chief Technology Officer's duties with regard to security of government information,

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

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 74, Relating to jury service qualification,

            Com. Sub. for S. B. 336, Relating to interscholastic athletics concussions and head injuries,

            Com. Sub. for S. B. 461, Relating to procedures and protections for child witnesses in domestic relations proceedings,

            S. B. 470, Permitting wine sale on Sunday mornings at fairs and festivals,

            Com. Sub. for S. B. 498, Relating to hearing location for Alcohol Beverage Control Administration's appeal hearings,

            Com. Sub. for S. B. 527, Relating to process of filling vacancies in certain elected offices,

            And,

            S. B. 601, Removing requirement certain juvenile proceedings be sealed,

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

Messages from the Executive

            The Speaker laid before the House of Delegates a communication from His Excellency, the Governor, as follows:

State of West Virginia

EXECUTIVE DEPARTMENT

Charleston

A P R O C L A M A T I O N

By the Governor

            Whereas, the Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and

            Whereas, Article VI, Section 22 of the Constitution of West Virginia provides that the current session of the Legislature shall not exceed sixty calendar days computed from and including the second Wednesday of February; and

            Whereas, pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2013 regular session of the Legislature concludes on the thirteenth day of April 13, two thousand thirteen; and

            Whereas, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and

            Whereas, Subsection D, Article VI, Section 51 of the Constitution of West Virginia requires the Governor to issue a proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been finally acted upon by the Legislature three days before the expiration of its regular session.

            Now, Therefore, I, Earl Ray Tomblin, Governor of the State of West Virginia, do hereby issue this Proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of West Virginia, to extend this regular session of the Legislature for consideration of the Budget Bill for an additional period not to exceed six days, through the nineteenth day of April, two thousand thirteen; but no matters other than the Budget Bill shall be considered during this extension of the session, except a provision for the cost thereof.

            IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.



                  (Great Seal)

DONE at the Capitol in the City of Charleston, State of West Virginia, this seventh day of March, in the year of our Lord, Two Thousand and Twelve, and in the One Hundred Forty-Ninth year of the State.

      Earl Ray Tomblin,

      Governor.

 

 

                  By the Governor:

                Natalie E. Tennant

                Secretary of State.

 

* * * * * * *

Messages from the Senate

             A message from the Senate, by

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

             Com. Sub. for H. B. 2108, Making the offense of failure to wear safety belts a primary offense.

             A message from the Senate, by

             The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

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

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

             The following Senate amendment was reported by the Clerk:

             On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 5P. SENIOR SERVICES.

§16-5P-15. Establishment of In-home Care Registry.

             (a) There is established continued within the Bureau of Senior Services an in-home care worker registry which is to be maintained by the bureau. The purpose of the registry is to provide the public a list of in-home care workers, along with their qualifications, who voluntarily agree to be included and who have passed obtained a criminal background check.

             (b) ‘In-home care worker’ means an unlicensed person who provides personal care or other services and supports to persons with disabilities or to the elderly in order to enhance their well-being and which involves face-to-face direct contact with the person. Functions performed may include, but are not limited to, assistance and training in activities of daily living, personal care services, and job-related supports.

             (c) The bureau shall propose rules for legislative approval during the 2014 legislative session in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish the following:

             (1) The registry of in-home care workers;

             (2) The requirements for inclusion on the registry as an ‘in-home care worker’, including educational attainment;

             (3) A fee schedule: of proposed rates for those services and supports provided by the in-home care worker based upon qualifications of the in-home care workers, such as educational attainment Provided, That the Commissioner of the Bureau of Senior Services shall waive the initial registration fee for the first sixty days the registration is active;

             (4) Requirement of completion and passage Requiring an applicant to obtain of a state or federal criminal background check, as determined in legislative rule by the bureau; consisting of checking the National Instant Criminal Background Check System and the West Virginia criminal history record responses. If an in-home care worker is included on the list with a criminal history indicated on his or her criminal back ground check, that information shall be noted on the registry. The bureau may not remove a person from the registry if the criminal background check reveals any negative information;

             (5) How a person obtains information from the registry; and

             (6) Any other requirement necessary to implement the provisions of this section.”

             And,

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

             Com. Sub. for H. B. 2395 - “A Bill to amend and reenact §16-5P-15 of the Code of West Virginia, 1931, as amended, relating to senior services in-home care registry; providing for sixty-day waiver of initial registration fee; clarifying rule-making authority for the Bureau of Senior Services to require an applicant to obtain a state or federal criminal background check; and requiring legislative rules to be proposed for legislative approval during the 2014 legislative session.”

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

             The bill, as amended by the Senate, was then put upon its passage.

             On the passage of the bill, the yeas and nays were taken (Roll No. 242), 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: Anderson, Hamrick, J. Nelson, Romine and Walters.

              So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2395) passed.

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

             A message from the Senate, by

             The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

             H. B. 2471, Prohibiting the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency.

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

             The following Senate amendments were reported by the Clerk:

             On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

             “That §61-7-4 and §61-7-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-4. License to carry deadly weapons; how obtained.

             (a) Except as provided in subsection (h) of this section, any person desiring to obtain a state license to carry a concealed deadly weapon shall apply to the sheriff of his or her county for the license, and shall pay to the sheriff, at the time of application, a fee of $75, of which $15 of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code. Concealed weapons permits may only be issued for pistols or revolvers. Each applicant shall file with the sheriff a complete application, as prepared by the Superintendent of the West Virginia State Police, in writing, duly verified, which sets forth only the following licensing requirements:

             (1) The applicant’s full name, date of birth, Social Security number, a description of the applicant’s physical features, the applicant’s place of birth, the applicant’s country of citizenship and, if the applicant is not a United States citizen, any alien or admission number issued by the United States Bureau of Immigration and Customs enforcement, and any basis, if applicable, for an exception to the prohibitions of 18 U. S. C. §922(g)(5)(B);

             (2) That, on the date the application is made, the applicant is a bona fide resident of this state and of the county in which the application is made and has a valid driver’s license or other state-issued photo identification showing the residence;

             (3) That the applicant is twenty-one years of age or older: Provided, That any individual who is less than twenty-one years of age and possesses a properly issued concealed weapons license as of the effective date of this article shall be licensed to maintain his or her concealed weapons license notwithstanding the provisions of this section requiring new applicants to be at least twenty-one years of age: Provided, however, That upon a showing of any applicant who is eighteen years of age or older that he or she is required to carry a concealed weapon as a condition for employment, and presents satisfactory proof to the sheriff thereof, then he or she shall be issued a license upon meeting all other conditions of this section. Upon discontinuance of employment that requires the concealed weapons license, if the individual issued the license is not yet twenty-one years of age, then the individual issued the license is no longer eligible and must return his or her license to the issuing sheriff;

             (4) That the applicant is not addicted to alcohol, a controlled substance or a drug and is not an unlawful user thereof as evidenced by either of the following within the three years immediately prior to the application:

             (A) Residential or court-ordered treatment for alcoholism or alcohol detoxification or drug treatment; or

             (B) Two or more convictions for driving while under the influence or driving while impaired;

             (5) That the applicant has not been convicted of a felony or of an act of a misdemeanor crime of violence involving the misuse of a deadly weapon within the five years immediately preceding the application unless the conviction has been expunged or set aside or the applicant’s civil rights have been restored or the applicant has been unconditionally pardoned for the offense;

             (6) That the applicant has not been convicted of a misdemeanor crime of violence other than an offense set forth in subsection (7) of this section in the five years immediately preceding the application.

             (6) (7) That the applicant has not been convicted of a misdemeanor crime of domestic violence as defined in 18 U. S. C. §921(a)(33), or a misdemeanor offense of assault or battery either under the provisions of section twenty-eight, article two of this chapter or the provisions of subsection (b) or (c), section nine, article two of this chapter in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant’s child or ward or a member of the defendant’s household at the time of the offense, or a misdemeanor offense with similar essential elements in a jurisdiction other than this state;

             (7) (8) That the applicant is not under indictment for a felony offense or is not currently serving a sentence of confinement, parole, probation or other court-ordered supervision imposed by a court of any jurisdiction or is the subject of an emergency or temporary domestic violence protective order or is the subject of a final domestic violence protective order entered by a court of any jurisdiction;

             (8) (9) That the applicant has not been adjudicated to be mentally incompetent or involuntarily committed to a mental institution. If the applicant has been adjudicated mentally incompetent or involuntarily committed the applicant must provide a court order reflecting that the applicant is no longer under such disability; and the applicant’s right to possess or receive a firearm has been restored.

             (9) (10) That the applicant has qualified under the minimum requirements set forth in subsection (d) of this section for handling and firing the weapon: Provided, That this requirement shall be waived in the case of a renewal applicant who has previously qualified; and

             (10) (11) That the applicant authorizes the sheriff of the county, or his or her designee, to conduct an investigation relative to the information contained in the application.

             (b) For both initial and renewal applications, the sheriff shall conduct an investigation including a nationwide criminal background check consisting of checking inquiries of the National Instant Criminal Background Check System, and the West Virginia criminal history record responses and the National Interstate Identification Index and shall review the information received in order to verify that the information required in subsection (a) of this section is true and correct.

             (c) Sixty dollars of the application fee and any fees for replacement of lost or stolen licenses received by the sheriff shall be deposited by the sheriff into a Concealed Weapons License Administration Fund. The fund shall be administered by the sheriff and shall take the form of an interest-bearing account with any interest earned to be compounded to the fund. Any funds deposited in this Concealed Weapon License Administration Fund are to be expended by the sheriff to pay for the costs associated with issuing concealed weapons licenses. Any surplus in the fund on hand at the end of each fiscal year may be expended for other law-enforcement purposes or operating needs of the sheriff’s office, as the sheriff may consider appropriate.

             (d) All persons applying for a license must complete a training course in handling and firing a handgun. The successful completion of any of the following courses fulfills this training requirement:

             (1) Any official National Rifle Association handgun safety or training course;

             (2) Any handgun safety or training course or class available to the general public offered by an official law-enforcement organization, community college, junior college, college or private or public institution or organization or handgun training school utilizing instructors duly certified by the institution;

             (3) Any handgun training or safety course or class conducted by a handgun instructor certified as such by the state or by the National Rifle Association;

             (4) Any handgun training or safety course or class conducted by any branch of the United States Military, Reserve or National Guard or proof of other handgun qualification received while serving in any branch of the United States Military, Reserve or National Guard.

             Current members of the United States Military, Reserve or National Guard or persons with an honorable discharge from any branch of the United States Military who apply, after the effective date of the amendments to this section enacted during the 2013 regular session of the Legislature, for a license under this section are exempt from the payment of any fees required by this section, but are subject to the remaining licensing requirements of this section.

             A photocopy of a certificate of completion of any of the courses or classes or an affidavit from the instructor, school, club, organization or group that conducted or taught said course or class attesting to the successful completion of the course or class by the applicant or a copy of any document which shows successful completion of the course or class shall constitute evidence of qualification under this section.

             (e) All concealed weapons license applications must be notarized by a notary public duly licensed under article four, chapter twenty-nine of this code. Falsification of any portion of the application constitutes false swearing and is punishable under the provisions of section two, article five, chapter sixty-one of this code.

             (f) The sheriff shall issue a license unless he or she determines that the application is incomplete, that it contains statements that are materially false or incorrect or that applicant otherwise does not meet the requirements set forth in this section. The sheriff shall issue, reissue or deny the license within forty-five days after the application is filed if all required background checks authorized by this section are completed.

             (g) Before any approved license shall be issued or become effective, the applicant shall pay to the sheriff a fee in the amount of $25 which the sheriff shall forward to the Superintendent of the West Virginia State Police within thirty days of receipt. The license shall be valid for five years throughout the state, unless sooner revoked.

             (h) Each license shall contain the full name and address of the licensee and a space upon which the signature of the licensee shall be signed with pen and ink. The issuing sheriff shall sign and attach his or her seal to all license cards. The sheriff shall provide to each new licensee a duplicate license card, in size similar to other state identification cards and licenses, suitable for carrying in a wallet, and the license card is considered a license for the purposes of this section.

             (i) The Superintendent of the West Virginia State Police shall prepare uniform applications for licenses and license cards showing that the license has been granted and shall do any other act required to be done to protect the state and see to the enforcement of this section.

             (j) If an application is denied, the specific reasons for the denial shall be stated by the sheriff denying the application. Any person denied a license may file, in the circuit court of the county in which the application was made, a petition seeking review of the denial. The petition shall be filed within thirty days of the denial. The court shall then determine whether the applicant is entitled to the issuance of a license under the criteria set forth in this section. The applicant may be represented by counsel, but in no case may the court be required to appoint counsel for an applicant. The final order of the court shall include the court’s findings of fact and conclusions of law. If the final order upholds the denial, the applicant may file an appeal in accordance with the Rules of Appellate Procedure of the Supreme Court of Appeals.

             (k) If a license is lost or destroyed, the person to whom the license was issued may obtain a duplicate or substitute license for a fee of $5 by filing a notarized statement with the sheriff indicating that the license has been lost or destroyed.

             (l) Whenever any person after applying for and receiving a concealed handgun license moves from the address named in the application to another county within the state, the license remains valid for the remainder of the five years: Provided, That the licensee within twenty days thereafter notifies the sheriff in the new county of residence in writing of the old and new addresses.

             (m) The sheriff shall, immediately after the license is granted as aforesaid, furnish the Superintendent of the West Virginia State Police a certified copy of the approved application. The sheriff shall furnish to the Superintendent of the West Virginia State Police at any time so requested a certified list of all licenses issued in the county. The Superintendent of the West Virginia State Police shall maintain a registry of all persons who have been issued concealed weapons licenses.

             (n) Except when subject to an exception under section six, article seven of this chapter, all licensees must carry with them a state-issued photo identification card with the concealed weapons license whenever the licensee is carrying a concealed weapon. Any licensee who, in violation of this subsection, fails to have in his or her possession a state-issued photo identification card and a current concealed weapons license while carrying a concealed weapon is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 or more than $200 for each offense.

             (o) The sheriff shall deny any application or revoke any existing license upon determination that any of the licensing application requirements established in this section have been violated by the licensee.

             (p) A person who is engaged in the receipt, review or in the issuance or revocation of a concealed weapon license does not incur any civil liability as the result of the lawful performance of his or her duties under this article.

             (q) Notwithstanding the provisions of subsection (a) of this section, with respect to application by a former law-enforcement officer honorably retired from agencies governed by article fourteen, chapter seven of this code; article fourteen, chapter eight of this code; article two, chapter fifteen of this code; and article seven, chapter twenty of this code, an honorably retired officer is exempt from payment of fees and costs as otherwise required by this section. All other application and background check requirements set forth in this shall be applicable to these applicants.

             (r) Except as restricted or prohibited by the provisions of this article or as otherwise prohibited by law, the issuance of a concealed weapon permit issued in accordance with the provisions of this section authorizes the holder of the permit to carry a concealed pistol or revolver on the lands or waters of this state.

§61-7-7. Persons prohibited from possessing firearms; classifications; reinstatement of rights to possess; offenses; penalties.

             (a) Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who:

             (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

             (2) Is habitually addicted to alcohol;

             (3) Is an unlawful user of or habitually addicted to any controlled substance;

             (4) Has been adjudicated as a mental defective to be mentally incompetent or who has been involuntarily committed to a mental institution pursuant to the provisions of chapter twenty-seven of this code or in similar law of another jurisdiction: Provided, That once an individual has been adjudicated as a mental defective or involuntarily committed to a mental institution, he or she shall be duly notified that they are to immediately surrender any firearms in their ownership or possession: Provided, however, That the mental hygiene commissioner or circuit judge shall first make a determination of the appropriate public or private individual or entity to act as conservator for the surrendered property;

             (5) Is an alien illegally or unlawfully in the United States;

             (6) Has been discharged from the armed forces under dishonorable conditions;

             (7) Is subject to a domestic violence protective order that:

             (A) Was issued after a hearing of which such person received actual notice and at which such person had an opportunity to participate;

             (B) Restrains such person from harassing, stalking or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

             (C)(i) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

             (ii) By its terms explicitly prohibits the use, attempted use or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

             (8) Has been convicted of a misdemeanor offense of assault or battery either under the provisions of section twenty-eight, article two of this chapter or the provisions of subsection (b) or (c), section nine of said article or a federal or state statute with the same essential elements in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant’s child or ward or a member of the defendant’s household at the time of the offense or has been convicted in any court of any jurisdiction of a comparable misdemeanor crime of domestic violence.

             Any person who violates the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or confined in the county jail for not less than ninety days nor more than one year, or both.

             (b) Notwithstanding the provisions of subsection (a) of this section, any person:

             (1) Who has been convicted in this state or any other jurisdiction of a felony crime of violence against the person of another or of a felony sexual offense; or

             (2) Who has been convicted in this state or any other jurisdiction of a felony controlled substance offense involving a Schedule I controlled substance other than marijuana, a Schedule II or a Schedule III controlled substance as such are defined in sections two hundred four, two hundred five and two hundred six, article two, chapter sixty-a of this code and who possesses a firearm as such is defined in section two of this article shall be guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not more than five years or fined not more than $5,000, or both. The provisions of subsection (c) of this section shall not apply to persons convicted of offenses referred to in this subsection or to persons convicted of a violation of this subsection.

             (c) Any person prohibited from possessing a firearm by the provisions of subsection (a) of this section may petition the circuit court of the county in which he or she resides to regain the ability to possess a firearm and if the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibility concomitant with the possession of a firearm, the court may enter an order allowing the person to possess a firearm if such possession would not violate any federal law: Provided, That a person prohibited from possessing a firearm by the provisions of subdivision (4), subsection (a) of this section may petition to regain the ability to possess a firearm in accordance with the provisions of section five, article seven-a of this chapter.

             (d) Any person who has been convicted of an offense which disqualifies him or her from possessing a firearm by virtue of a criminal conviction whose conviction was expunged or set aside or who subsequent thereto receives an unconditional pardon for said offense shall not be prohibited from possessing a firearm by the provisions of the section.

             And,

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

             Com. Sub. for S. B. 2471 - “A Bill to amend and reenact §15-5-6 and §15-5-19a of the Code of West Virginia, 1931, as amended, all relating to possession of firearms and ammunition during a declared state of emergency; prohibiting the restriction of lawful possession of a firearm or ammunition during a declared state of emergency; clarifying right to seize or confiscate lawfully possessed firearms or ammunition during a declared state of emergency; providing exceptions; providing a cause of action for the return of the firearms or ammunition; and establishing jurisdiction for actions.”

             On motion of Delegate Boggs, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

             A message from the Senate, by

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

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

             A message from the Senate, by

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

             Com. Sub. for H. B. 3003, Facilitating compliance with the Tobacco Master Settlement Agreement.

             A message from the Senate, by

             The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

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

             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. 37 - “Requesting the Division of Highways to name the bridge over Lost River on Corridor H near Wardensville, Hardy County, West Virginia, bridge number 16-55/20-24.56, the ‘Army 1SG Boyd “Doc” Slater Memorial Bridge’.”

             Whereas, Boyd “Doc” Slater was born on August 1, 1930, in Winchester, Virginia, the son of the late Golda Wilkins Slater; and

             Whereas, Boyd “Doc” Slater was raised in Mathias, Hardy County, and attended Hardy County public schools; and

             Whereas, Boyd “Doc” Slater married Betty Funkhouser in Wardensville on June 8, 1955; and

             Whereas, Boyd “Doc” Slater was a 21-year veteran of the U. S. Army, serving primarily with airborne units, flying on helicopters and working on them as a flight engineer and flight mechanic; and

             Whereas, Boyd “Doc” Slater served two tours of duty in Korea and two tours of duty in Vietnam, and he was awarded two Bronze Stars and numerous other service medals, ribbons, citations and commendations during his distinguished 21-year career; and

             Whereas, Boyd “Doc” Slater attained the rank of First Sergeant before retiring from the Army in 1969; and

             Whereas, Boyd “Doc” Slater returned home to Hardy County and began a second career with the Division of Highways, putting the mechanical and maintenance skills he had learned in the Army to good use on behalf of the State of West Virginia; and

             Whereas, Boyd “Doc” Slater rose to the position of Assistant County Superintendent before retiring from the Division of Highways in 1987; and

             Whereas, Boyd “Doc” Slater was active in veterans’ affairs and was a member of VFW Post 2102 in Wardensville and American Legion Post 64 in Moorefield; and

             Whereas, Sadly, Boyd “Doc” Slater passed away on April 28, 2011, at the age of eighty, leaving behind a wonderful legacy of service to his country and state, and having earned the love and respect of all who knew him; and

             Whereas, Boyd “Doc” Slater is survived by his loving wife of fifty-five years, Betty Slater of Wardensville; three daughters, Charlotte Bowman of Wardensville, Carmen Sager of Mathias and Kathy McDaniel of Hedgesville; two grandchildren, Jennifer Sundstrom and Heather Bowman; and two great grandchildren, Elaina Bowman and Graham Sundstrom; and

             Whereas, It is only fitting and proper that this bridge on Corridor H near Wardensville be named for Boyd “Doc” Slater, that we may honor his outstanding military service on behalf of a grateful nation, his dedicated service to the State of West Virginia and his many good works for the people of Hardy County; therefore, be it

             Resolved by the Legislature of West Virginia:

             That the Division of Highways is hereby requested to name the bridge over Lost River on Corridor H near Wardensville, Hardy County, West Virginia, bridge number 16-55/20-24.56, the “Army 1SG Boyd ‘Doc’ Slater 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 1SG Boyd ‘Doc’ Slater 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 Betty Slater, Charlotte Bowman, Carmen Sager and Kathy McDaniel.

 

Leaves of Absence

             At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate J. Nelson.

             At 5:35 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, April 11, 2013.

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