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

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Day 01 (1-08-02014)

Eighty-First Legislature

Second Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Tuesday, January 14, 2014

SEVENTH DAY

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

 

 

            The House of Delegates met at 6:00 p.m., and was called to order by the Honorable Timothy R. Miley, Speaker.

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

            The Clerk proceeded to read the Journals of Thursday, January 9, 2014, Friday, January 10, 2014 and Monday, January 13, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

            Your Committee on Education has had under consideration:

            H. B. 4002, Relating to the computation of local share for public school support purposes,

            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 (H. B. 4002) was referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 4001, Creating the False Claims Act,

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

            Com. Sub. for H. B. 4001 - “A Bill to amend and reenact §9-7-6 the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new article, designated §14-4-1, §14-4-2, §14-4-3, §14-4-4, §14-4-5, §14-4-6, §14-4-7, §14-4-8, §14-4-9, §14-4-10 and §14-4-11, all relating to creating the False Claims Act; amending the fraud and abuse in Medicaid program to provide for damages under the False Claims Act; prohibited acts; damages, costs and civil penalties; limitations on damages; responsibilities of the Attorney General; civil actions by private persons; rights of parties to qui tam proceedings; awards to qui tam plaintiffs; the barring of certain civil actions; state not liable for the expenses of private litigants; private action for retaliatory conduct; limitation of actions; retroactive application; state intervention in action by private person; estoppel; jurisdiction and venue; nonexclusivity of act; and liberality of construction,”

            With the recommendation that the committee substitute do pass.

Resolutions Introduced

            Delegates Staggers, Barill, Barker, Campbell, Caputo, Hartman, Jones, Kinsey, Lawrence, Marshall, Moore, Moye, Pethtel, Pino, P. Smith, Stephens, Walker and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 16 - “Requesting that the State of West Virginia not do business with CGI Federal, the company behind the botched launch of the Affordable Care Act’s HealthCare.gov website.”

            Whereas, CGI Federal is a Canadian company that is the IT contractor which has orchestrated most of the HealthCare.gov Web sites; and

            Whereas, CGI Federal is thus responsible in significant measure for the multitude of problems plaguing the HealthCare.gov website and its disastrous initial rollout; and 

            Whereas, CGI Federal has had previous IT performance issues in the healthcare arena - its performance on Ontario, Canada's healthcare medical registry for diabetes sufferers was so poor that officials reportedly ditched the $46.2 million contract after three years of missed deadlines; and

            Whereas, The State of West Virginia should not enter into business dealings with CGI Federal because of its poor performance with the HealthCare.gov website and because of other prior performance issues; and

            Whereas, If the State of West Virginia is currently doing business with CGI Federal, it should extricate itself from any business dealings with CGI Federal as soon as legally feasible; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the West Virginia Legislature requests that the State of West Virginia not do business with CGI Federal, the company behind the botched launch of the Affordable Care Act’s HealthCare.gov website; and, be it

            Further Resolved, That the Clerk of the West Virginia House of Delegates send a copy of this resolution to the Governor of the State of West Virginia.

            Delegate A. Evans and Sponaugle offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 17- “Requesting the Division of Highways to name the bridge locally known as the North Mill Creek Bridge on Route 220, Pendleton County, bridge number 36-220-32.32, as the ‘Captain Isaac Alt West Virginia Militia Memorial Bridge’.”

            Whereas, Captain Isaac Alt was a native of Pendleton County, West Virginia; and

            Whereas, Captain Isaac Alt was born January 5, 1834, in Pendleton County, Virginia, and died in what was by then Pendleton County, West Virginia on March 22, 1898; and

            Whereas, Captain Isaac Alt was elected Captain of the Pendleton County Home Guards on June 8, 1863, and then commissioned Captain of the Union Army’s 46th Militia, on July 1, 1863, during the Civil War; and

            Whereas, Captain Isaac Alt also worked as a farmer, shoemaker and carpenter during his life; and

            Whereas, It is fitting to honor Captain Isaac Alt’s life and service by naming the North Mill Creek Bridge after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the bridge locally known as the North Mill Creek Bridge on Route 220, Pendleton County, bridge number 36-220-32.32, as the “Captain Isaac Alt West Virginia Militia 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 “Captain Isaac Alt West Virginia Militia Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation; and Captain Isaac Alt’s surviving relatives. 

            Delegate Sponaugle and A. Evans offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 18 - “Requesting the Division of Highways to name the bridge on Route 33, crossing the South Branch Potomac River east of Franklin, Pendleton County, bridge number 36-33-33.85, as the ‘Dr. H. Luke Eye Bridge’.”

            Whereas, Dr. Harry Luke Eye was a practicing physician in Franklin, Pendleton County, West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the bridge on Route 33, crossing the South Branch Potomac River east of Franklin, Pendleton County, bridge number 36-33-33.85, as the “Dr. H. Luke Eye 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 “Dr. H. Luke Eye Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation; and to Dr. Harry Luke Eye and surviving relatives.

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

            H. C. R. 19 - “Requesting that bridge number 49-151-0.68 on Route 151 in Upshur County, West Virginia, the ‘Army Specialist 4 William Lewis Reger Memorial Bridge’.”

            Whereas, Army Specialist Reger was born on February 20, 1945 in Buckhannon; and

            Whereas, Army Specialist Reger was a son of the late Bob and Gwen Reger; and

            Whereas, Army Specialist Reger was a 1963 graduate of Buckhannon-Upshur High School, graduated from West Virginia Wesleyan College in 1967 with a major in chemistry and was a graduate assistant at Marshall University; and

            Whereas, Army Specialist Reger was an Eagle Scout, a member of the First United Methodist Church, a member of the Kappa Alpha Order and played football at both Buckhannon-Upshur High School and West Virginia Wesleyan College; and

            Whereas, Army Specialist Reger joined the Army in July 1968 and began his tour of duty on April 22, 1969; and

            Whereas, Army Specialist Reger was a Field Communications Electronics Equipment Mechanic with D Company, 1st Battalion, 12th Infantry; and

            Whereas, Army Specialist Reger died on November 8, 1969 in Tay Ninh, South Vietnam; and

            Whereas, It is fitting that an enduring memorial be established to commemorate this native son who gave the ultimate sacrifice for his state and his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 49-151-0.68 on Route 151 in Upshur County, West Virginia, the “Army Specialist 4 William Lewis Reger Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army Specialist 4 William Lewis Reger Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Army Specialist Reger’s three brothers, Robert H. (Bob) Reger, Jr., John E. (Jack) Reger and James P. (Jim) Reger.

            Delegates A.Evans, Staggers and Lynch offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 20 - “Requesting that bridge number 29-11-7.97 over Mill Creek on County Route 11 in Mineral County, West Virginia, the ‘Army Corporal William Eugene Shank Memorial Bridge’.”

            Whereas, Corporal Shank was born on December 8, 1925 in Burlington, West Virginia to George Baker and Clarice A. Shank; and

            Whereas, Corporal Shank was a member of the United States Army Air Forces and was assigned to the 870 Bomber Squadron, 497th Bomber Group Very Heavy (Bombers) in the Pacific Theater; and

            Whereas, Corporal Shank was listed as Missing in Action and Buried at Sea after his plane went down in the ocean. Oral tradition states that while Corporal Shank survived the crashing of the plane, he lost his life while attempting to save the life of a fellow crew member; and

            Whereas, Corporal Shank was awarded the Purple Heart; and

            Whereas, It is fitting that an enduring memorial be established to commemorate this native son who gave the ultimate sacrifice for his state and his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 29-11-7.97 over Mill Creek on County Route 11 in Mineral County, West Virginia, the “Army Corporal William Eugene Shank Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army Corporal William Eugene Shank Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and E. Frank Roleff, President, Mineral County Historical Society.

Bills Introduced

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

By Delegates Howell, Canterbury, Gearheart, Border, Kump, Storch and Hamilton:

            H. B. 4124 - “A Bill to amend and reenact §30-1-2a of the Code of West Virginia, 1931, as amended, relating to required orientation sessions for state licensing boards; requiring the Auditor to hold orientation sessions for state licensing boards by teleconferencing, if feasible; and providing that in person sessions are to be held in available state owned facilities or state parks”; to the Committee on Government Organization then the Judiciary.

By Delegate Manypenny:

            H. B. 4125 - “A Bill to amend and reenact §46-9-525 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-11 of said code, all relating to providing for the collection of certain fees dedicated to pay civil legal fees for low income persons and for operation of the circuit clerk’s office”; to the Committee on Political Subdivisions then the Judiciary.

By Delegate Walters:

            H. B. 4126 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2 and §11-13DD-3; to amend and reenact §15-5-21 of said code; and to amend and reenact §55-7D-1 of said code, all relating to improving state emergency preparedness; creating an emergency generator tax credit for gas or propane fueled machines; requiring the Office of Emergency Services to coordinate with local radio and television stations to broadcast public service announcements with information as to the location of emergency shelters; and providing a protection from civil or criminal liability to persons donating food during times of emergencies”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates Hamilton, M. Poling, A. Evans, Perdue, Manypenny, Ireland, Azinger, Cowles, Marshall, Skinner and Sponaugle:

            H. B. 4127 - “A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to appointment of Public Service Commissioners”; to the Committee on Government Organization then the Judiciary.

By Delegates Howell, Canterbury, Kump, Eldridge, Barill, Fragale, Campbell, Staggers, Storch and Hamilton:

            H. B. 4128 - “A Bill to amend and reenact §30-1-5 of the Code of West Virginia, 1931, as amended, relating to requiring boards of examination or registration to maintain a list of disciplinary actions on a public access website; and when Attorney General to provide link to such lists”; to the Committee on Government Organization then the Judiciary.

By Delegates Howell, Kump, Rowan and A. Evans:

            H. B. 4129 - “A Bill to amend and reenact §17-2A-19 of the Code of West Virginia, 1931, as amended, relating to the sale of real property by the Division of Highways; and providing that property not necessary or desirable for highway purposes must be offered first to public service districts or municipalities for a public utility use without having to follow the public auction provisions of this section”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Howell, Canterbury, Border, Arvon, Kump, Eldridge, Barill, Fragale, Campbell, Staggers and Storch:

            H. B. 4130 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-8F-1 and §61-8F-2, all relating to prohibited sexual contact by psychotherapists; creating the crime of prohibited sexual contact by a psychotherapist and the crime of therapeutic deception; providing elements of the crime; providing exceptions; providing definitions; and providing criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Howell, Canterbury, Gearheart, Arvon, Border, Kump, Eldridge, Barill, Fragale, Campbell and Staggers:

            H. B. 4131 - “A Bill to amend and reenact §30-1-6 of the Code of West Virginia, 1931, as amended, relating to requiring certain boards of examination or registration to conduct a nationwide criminal background check on all applicants for license or registration and renewal; and providing that fees charged for the criminal background check may not exceed the actual costs of the criminal background check”; to the Committee on Government Organization then the Judiciary.

By Delegates Ambler, Cowles, Cooper, Cadle, D. Evans, Sobonya, Hunt, Poore, P. Smith, Pino and Boggs:

            H. B. 4132 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-12-16, relating to making it illegal for anyone to photograph a corpse except for certain legitimate purposes; and providing criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Kump, Armstead, Frich, Romine, Faircloth, Rowan, Azinger, Howell, Cooper, D. Evans and Folk:

            H. B. 4133 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to calculation of West Virginia adjusted gross income for personal income tax purposes; and subtracting social security benefits from federal adjusted gross income to the extent included in federal gross income for federal income tax purposes”; to the Committee on Finance.

By Delegates Moye, Perry, P. Smith, Staggers, Pino, Lynch, Walker, Young, Hamilton, Romine and Boggs:

            H. B. 4134 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11B-1, §5-11B-2 and §5-11B-3, all relating to establishing the West Virginia Religious Freedom Restoration Act; short title; definitions; applicability; construction; and remedies”; to the Committee on the Judiciary.

By Delegates P. Smith, Perry, Pino, Walker, Young, Lynch, Hamilton, Hartman and Kinsey:

            H. B. 4135 - “A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to designating the first Thursday in May the West Virginia Day of Prayer”; to the Committee on the Judiciary.

By Delegates Kump, Faircloth, Frich, Folk and Howell:

            H. B. 4136 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-24a, relating to authorizing a tax credit for parents and legal guardians whose children attend a nonpublic school; and providing a short title”; to the Committee on Education then Finance.

By Delegates Lawrence, Fragale, Ambler, Cooper, D. Evans, Rowan, Perry and M. Poling:

            H. B. 4137 - “A Bill to amend and reenact §18-20-5 of the Code of West Virginia, 1931, as amended, relating to more equitable distribution to county boards of reimbursement of the costs of serving high cost/high acuity special needs students; eliminating requirement for annual review of rules, policies and standards and federal law and report to Legislative Oversight Commission; defining high cost/high acuity special needs; and providing for method of fund disbursement”; to the Committee on Education then Finance.

By Delegate Perry:

            H. B. 4138 - “A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to the usage restrictions for tobacco and tobacco products; defining tobacco products; defining vapor products; including vapor products within the definition of tobacco products; exclusions; prohibiting the sale of vapor products to individuals under eighteen years of age; prohibiting the use and possession of vapor products by an individual under eighteen years of age; including vapor products within the tobacco products for which unannounced inspections may be conducted to ensure compliance with sales restrictions; and restricting the sale of vapor products in vending machines; establishing associated misdemeanor offenses and penalties for prohibited use, sale and possession and related violations”; to the Committee on the Judiciary.

By Delegates Guthrie, L. Phillips, Rowan, Fleischauer, Border, Lawrence, Marshall, Staggers, Poore and P. Smith:

            H. B. 4139 - “A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-9-209a, all relating to restricting parental rights of child custody and visitation when the child was conceived as a result of a sexual assault or sexual abuse; denying custody and visitation rights to a natural parent convicted of sexual assault, unless the victim consents and it is in the best interests of the child; providing exceptions when the biological parents cohabit; providing, when the biological parents subsequently separate or divorce after cohabiting, a rebuttable presumption that sole or joint custody by the perpetrator of the offense is not in the best interests of the child; providing that a parent victim may petition the court for consideration of factors associated with unconvicted or unprosecuted sexual assault; and clarifying that the natural parent’s continuing support obligations are unaffected by an associated denial of custody or visitation rights”; to the Committee on the Judiciary.

By Delegates Marcum and White:

            H. B. 4140 - “A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge for the thirtieth judicial circuit consisting of Mingo county”; to the Committee on the Judiciary then Finance.

By Delegates Hamilton, Miller, Storch, Ferro, A. Evans, Azinger, Lynch, Ambler, Canterbury, Iaquinta and Marshall:

            H. B. 4141 - “A Bill to repeal §47-19-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-19-1, §47-19-3, §47-19-4 and §47-19-5 of said code, all relating to licenses to sel1 paraphernalia for use with controlled substances; terminating the tax commissioner's authority to issue business licenses to sell paraphernalia for use with controlled substances; revoking licenses previously issued by the Tax Commissioner; clarifying the definition of drug paraphernalia; requiring the continued retention of transaction records after the revocation of licensed authority; rule-making authority; effective date; and criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Fragale, Iaquinta, Lawrence, Cooper, Ambler, Rowan, Sumner, Pasdon, Barill, Howell and Craig:

            H. B. 4142 - “A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended, relating to setting the maximum number of pupils per teacher in sixth through twelfth grade classrooms at thirty”; to the Committee on Education then Finance.

By Delegates Guthrie, Sponaugle, Poore and Skinner:

            H. B. 4143 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-18-1, §55-18-2, §55-18-3, §55-18-4, §55-18-5, §55-18-6, §55-18-7 and §55-18-8, all relating to stopping strategic lawsuits against public participation (SLAPPs); providing for expedited motions to dismiss abusive SLAPP lawsuits; defining the forms of public participation protected from such SLAPP suits and providing for an expedited motion to dismiss such suits; providing for special motions to quash abusive attempts to obtain personal information about individuals via discovery; providing for the recovery of attorney's fees and other costs due to defending against a SLAPP suit as well as $10,000 in statutory damages for suits brought in bad faith; prohibiting government entities from engaging in SLAPP suits and providing for liability by government entities under the law for doing so; and exempting purely commercial speech and lawsuits brought in the public interest from provisions of the article”; to the Committee on the Judiciary.

By Delegates Fragale, Iaquinta and Craig:

            H. B. 4144 - “A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-42z, all relating to creating a hunting license permitting crossbow hunting; and providing rule-making authority”; to the Committee on Finance.

By Delegates Faircloth, Kump, Folk, Householder, Rowan, Hunt and Walker:

            H. B. 4145 - “A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-42z, all relating to creating a hunting license permitting crossbow hunting; and providing rule-making authority”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Fragale and Iaquinta:

            H. B. 4146 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2 and §5-30-3, all relating to the creation of the Governor’s Committee on School Board Unification; explaining the purpose for creating the committee; establishing the committee; naming the committee’s members; listing the committee’s reimbursable expenses; setting a quorum for the committee; establishing the committee’s meeting schedule; planning for the committee’s termination; and specifying what the committee must include in its report to the Governor”; to the Committee on Education.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4147 - “A Bill to amend and reenact §15-5-1 and §15-5-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §46A-6J-1, §46A-6J-2, §46A-6J-3 and §46A-6J-4 of said code, all relating to emergency preparedness; revising the policy statement for the Division of Homeland Security and Emergency Management; authorizing the Governor or the Legislature to proclaim a state of preparedness; identifying conditions that permit a declaration of a state of preparedness; adding the term “state of preparedness” to where “state of emergency” is referred throughout the code; providing that a state of preparedness has the same effect as a state of emergency for the purposes of the Emergency Management Assistance Compact and the Statewide Mutual Aid System; revising the definition of “state of emergency” in the West Virginia Consumer Protection Act; defining “state of preparedness” in the West Virginia Consumer Protection Act; requiring notification of a state of preparedness by the Secretary of State; and making other technical and stylistic revisions”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4148 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13R-13, relating to expiration of the Strategic Research and Development Tax Credit”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4149 - “A Bill to amend and reenact §5-4-1 and §5-4-2 of the code of West Virginia, 1931, as amended, all relating to the Board of Public Works; providing for board members to be represented by designees; and permitting board members to vote by proxy”; to the Committee on Government Organization.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4150 - “A Bill to amend and reenact §6-7-1 of the Code of West Virginia, 1931, as amended, relating to pay periods for officers and employees of the state, state institutions of higher education and the Higher Education Policy Commission”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4151 - “A Bill to repeal §30-1-6a and §30-1-6b of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new article, designated §30-1B-1, §30-1B-2, §30-1B-3, §30-1B-4 and §30-1B-5, all relating to professional licensing requirements for certain military members and their spouses; making legislative findings; providing for liberal construction of article; requiring certain boards to consider military education, training and experience upon application for licensure, certification or registration; providing boards with rule-making authority; allowing certain military members and their spouses to renew state licenses for six months when out of state on active duty; allowing spouses of military members to obtain a temporary professional license under certain conditions; providing a one-time waiver of renewal fee; providing boards with rule-making authority; and requiring boards to collect certain data on applications for licensure”; to the Committee on Government Organization then the Judiciary.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4152 - “A Bill to amend and reenact §24C-1-2 and §24C-1-3 of the Code of West Virginia, 1931, as amended, all relating to the one-call system; revising definition of “underground facility”; and requiring that all operators of an underground facility in this state participate in a one-call system for the area in which the underground facility is located”; to the Committee on Energy then the Judiciary.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4153 - “A Bill to amend and reenact §29-3-11 of the Code of West Virginia, 1931, as amended, relating to the State Fire Marshal; providing that the State Fire Marshal shall serve at the will and pleasure of the fire commission and shall be exempt from the classified civil service system”; to the Committee on Government Organization.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4154 - “A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended, relating to fixing a technical error relating to the motor fuel excise tax”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4155 - “A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to suspending payments of the refundable exemption to the West Virginia consumers sales and service tax to the State Road Fund for fiscal years 2015 and 2016 and resuming these payments for fiscal year 2017”; to the Committee on Roads and Transportation then Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4156 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4, §17-17B-5, §17-17B-6, §17-17B-7, §17-17B-8 and §17-17B-9, all relating to West Virginia Division of Highways-Parkways Authority collection enforcement; creating the Safe and Efficient Parkways Act (SEPA); making legislative findings; defining terms; authorizing the electronic enforcement of collection of tolls; establishing criminal and civil penalties for nonpayment and damage to facilities; providing that certain information collected is confidential and not subject to the Freedom of Information Act; allowing limited restricted and confidential access to certain information pursuant to subpoenas and court orders on a strictly confidential basis; providing for nonrenewal of vehicle registration; and granting rule-making authority”; to the Committee on Roads and Transportation then the Judiciary.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4157 - “A Bill to amend and reenact §11-24-43a of the Code of West Virginia, 1931, as amended, relating to extending the cessation of deposits into the Special Railroad and Intermodal Enhancement Fund to fiscal years 2015 and 2016"; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4158 - “A Bill to amend and reenact §11-15-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-21-74, all relating to providing accelerated payment of consumers sales and service and use tax and employee withholding taxes for certain taxpayers and employers”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4159 - “A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act; and specifying effective date”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4160 - “A Bill to amend and reenact §18-9A-11 of the Code of West Virginia, 1931, as amended, relating to reducing the amount deducted as an allowance for usual losses in collections, due to discounts, exonerations, delinquencies and the like, for purposes of calculating local share”; to the Committee on Education then Finance.

By Delegates Perdue, Fleischauer, Kinsey, Rowan, Marshall, Cowles, Faircloth, Arvon, Moore, Border and Lawrence:

            H. B. 4161 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-24, relating generally to allowing State Police, police, sheriffs and fire and emergency service personnel to possess Naloxone or other approved opioid antagonist to administer in opioid drug overdoses; defining terms; providing for training; establishing training requirements for first responders who may administer opioid antagonists; establishing criteria under which a first responder may administer an opioid antagonist; granting immunity to health care providers who prescribe, dispense or distribute Naloxone or other approved opioid antagonist related to a training program; granting immunity to initial responders who administer or fail to administer an opioid antagonist; providing for data gathering and reporting; and authorizing emergency rulemaking”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Lawrence, Fragale, M. Poling, D. Evans, Ambler, Rowan, Cooper and Perry:

            H. B. 4162 - “A Bill to repeal §18-8-6a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-5B-11 of said code, all relating to the Local Solution Dropout Prevention and Recovery Innovation Zone Act; providing an incentive for county boards of education to participate in juvenile probation truancy programs; requiring the county board of education to pay for the salary and other costs of a juvenile probation officer employed by a circuit court; permitting the county board to seek reimbursement of half of those costs from the State Board of Education; specifying minimum requirements of program agreement between a circuit court and a county board; requiring the state board to reserve funds for that partial reimbursement; providing that if state funds for the total state-wide reimbursements to county boards are not available, the reimbursements are to be on a pro rata basis; requiring rule-making; and making technical changes”; to the Committee on Education then Finance.

By Delegates Walker, P. Smith, Moye and Lynch:

            H. B. 4163 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-2a, relating to requiring outpatient surgical facilities to meet the same facility and surgical standards as ambulatory surgical facilities; and providing rule-making authority”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Frich, Poore, Fleischauer, Sobonya, Iaquinta, Marcum, Azinger, Longstreth, Ashley and Eldridge:

            H. B. 4164 - “A Bill to amend and reenact §30-1-6b of the Code of West Virginia, 1931, as amended, relating to professional licensure, certification or registration of persons and spouses of persons on military active duty outside this state; and removing requirement that the licensee verifies that he or she performs the licensed, certified or registered profession or occupation as part of his or her military duties as annotated in Defense Department Form 214, in order to be exempt from certain renewal and continuing education requirements”; to the Committee on Government Organization then the Judiciary.

By Delegates Guthrie, Manchin, Young and Fleischauer:

            H. B. 4165 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to authorizing the Public Service Commission to regulate broadband services in this state under certain circumstances; and applying federal interconnection requirements”; to the Committee on the Judiciary.

By Delegates Swartzmiller, Diserio, Sponaugle, Ferro, Campbell, D. Poling, Barill, Jones and Young:

            H. B. 4166 - “A Bill to amend §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exempting municipal court judges from fees for application and license to carry concealed weapons”; to the Committee on the Judiciary.

By Delegates Barill, Perdue, Marshall, Fragale, Jones, Barker, Iaquinta, Hartman and Pethtel:

            H. B. 4167 - “A Bill to amend and reenact §61-8-14 of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for damage to a cemetery or graveyard”; to the Committee on the Judiciary then Finance.

By Delegates D. Poling, Diserio, Marshall, Walker, Poore, Young and Frich:

            H. B. 4168 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-60, relating to requiring materials, supplies, equipment and other items purchased by the state and its agencies to be made in the United States; providing exceptions; and defining terms”; to the Committee on Industry and Labor then Finance.

By Delegates Staggers, Perry, Pino, Walker, P. Smith, Campbell, Eldridge and L. Phillips:

            H. B. 4169 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5X-1, §16-5X-2, §16-5X-3 and §16-5X-4, all relating to emergency aid medication for patients prescribed opiates or receiving treatment for addiction; establishing a short title; establishing objectives and a purpose; defining terms; establishing the responsibilities of licensed prescribers; and, providing for education of patient, family or caregivers”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Howell, Walters, Frich, Eldridge, Ambler, Ellington, Barill, Lynch, Kinsey, Moye and Reynolds:

            H. B. 4170 - “A Bill to amend and reenact §60A-10-4 of the Code of West Virginia, 1931, as amended, relating to requiring a person convicted of a prior felony drug offense to have a valid prescription to purchase ephedrine, pseudoephedrine or phenylpropanolamine”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Howell, Butler, Cadle, Hamrick, Storch, Pasdon, A. Evans, Barrett, Gearheart, R. Phillips and Cowles:

            H. B. 4171 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2-11a, relating to requiring local governmental bodies to approve rules promulgated by local boards of health”; to the Committee on Political Subdivisions then Health and Human Resources.

By Delegates Staggers, Perry, Pino, R. Phillips. Ferro, Moore, Tomblin, Andes, L. Phillips, Eldridge and Marcum:

            H. B. 4172 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-3f, relating to reallocating and dedicating the coal severance tax revenues annually to the coal-producing counties of origin and their respective municipalities; establishing state and local coal county reallocated severance tax funds and providing for distribution of the moneys to the county commissions and governing bodies of the municipalities by the State Treasurer; establishing amounts each coal-producing county and its respective municipalities are to receive; requiring the creation of local funds into which moneys are to be deposited; requiring moneys be expended solely for renovation and improvement projects; providing definitions; providing restrictions on the expenditure of moneys; providing duties of State Tax Commissioner; requiring report of expenditures to Joint Committee on Government and Finance; providing audits of distributed funds when authorized by the Joint Committee on Government and Finance; providing an effective date; and authorizing legislative and emergency rules”; to the Committee on the Judiciary then Finance.

By Delegate Guthrie:

            H. B. 4173 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2G-1 and §24-2G-2, all relating to a five-year suspension on rate hikes for all utilities unless, during the period of suspension, a utility seeking an increase in rates demonstrates that the rate hike request will be paid for or realized from five sources: twenty percent from a public stock offering by the utility, twenty percent from consumers, twenty percent realized from a reduction in the salary and compensation of the utility’s chief executive officers, twenty percent realized through alternative or renewable technologies and twenty percent from a five year average in the net corporate profits posted in the five proceeding years; petition for emergency rate increases; and rulemaking”; to the Committee on the Judiciary.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4174 - “A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Corporation Net Income Tax Act; and specifying effective dates”; to the Committee on Finance.

            At 6:27 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 15, 2014.

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