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

House Journal


Day 01 (01-08-2014)
Day 02 (01-09-2014)
Day 03 (01-10-2014)
Day 06 (01-13-2014)
Day 07 (01-14-2014)
Day 08 (01-15-2014)
Day 09 (01-16-2014)
Day 10 (01-17-2014)
Day 13 (01-20-2014)
Day 14 (01-21-2014)
Day 15 (01-22-2014)
Day 16 (01-23-2014)
Day 17 (01-24-2014)
Day 20 (01-27-2014)
Day 21 (01-28-2014)
Day 22 (01-29-2014)
Day 23 (01-30-2014)
Day 24 (01-31-2014)
Day 27 (02-03-2014)
Day 28 (02-04-2014)
Day 29 (02-05-2014)
Day 30 (02-06-2014)
Day 31 (02-07-2014)
Day 34 (02-10-2014)
Day 35 (02-11-2014)
Day 36 (02-12-2014)
Day 37 (02-13-2014)
Day 38 (02-14-2014)
Day 42 (02-18-2014)
Day 43 (02-19-2014)
Day 44 (02-20-2014)
Day 45 (02-21-2014)
Day 48 (02-24-2014)
Day 49 (02-25-2014)
Day 50 (02-26-2014)
Day 51 (02-27-2014)
Day 52 (02-28-2014)
Day 56 (03-04-2014)
Day 57 (03-05-2014)
Day 58 (03-06-2014)
Day 59 (03-07-2014)
Day 61 (03-09-2014)
Day 62 (03-10-2014)
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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__________*__________



 

Wednesday, January 15, 2014

EIGHTH DAY

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

 

 

            The House of Delegates met at 11:00 a.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 Journal of Tuesday, January 14, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

            Your Committee on Government Organization has had under consideration:

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

            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. 2954) 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. 4014, Increasing criminal penalties for littering,

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

            Com. Sub. for H. B. 4014 - “A Bill to amend and reenact §22-15A-2 and §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to the offense of littering; amending definition of litter; and increasing criminal penalties for littering,”

            With the recommendation that the committee substitute do pass.

Petitions

            Delegate Howell presented a petition on behalf of his constituents, requesting that the Division of Highways install a pedestrian traffic signal either at the South Mineral Street Fort Avenue or State Street intersection; which was referred to the Committee on Roads and Transportation.

Bills Introduced

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

By Delegates Skaff, Barrett, Mr. Speaker, Mr. Miley, Boggs, Hartman, White, Skinner, Lane, Ellem, Ireland and Pasdon:

            H. B. 4175 - “A Bill to amend and reenact §15-5-6 of the Code of West Virginia, 1931, as amended, relating to providing emergency assistance to small businesses during existence of a state of emergency; authorizing promulgation of an emergency rule by Director of the Division of Homeland Security and Emergency Management, in consultation with the secretaries of the Department of Commerce and the Department of Revenue establishing the criteria under which the assistance to small businesses may be provided; and providing factors to be considered in establishing the criteria”; 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. 4176 - “A Bill 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, fund 5365, fiscal year 2014, organization 0511, by supplementing and amending chapter four, Acts of the Legislature, regular session, 2013, known as the budget bill”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4177 - “A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2014, to the Department of Health and Human Resources, Human Rights Commission, fund 8725, fiscal year 2014, organization 0510, to the Department of Military Affairs and Public Safety, Adjutant General - West Virginia National Guard Counterdrug Forfeiture Fund, fund 8785, fiscal year 2014 organization 0603, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 8741, fiscal year 2014, organization 0612, and to the Department of Veterans’ Assistance, fund 8858, fiscal year 2014, organization 0613, by supplementing and amending chapter four, Acts of the Legislature, regular session, 2013, known as the budget bill”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4178 - “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2014, to the Department of Commerce, WorkForce West Virginia - Workforce Investment Act, fund 8749, fiscal year 2014, organization 0323, by supplementing and amending the appropriation for the fiscal year ending June 30, 2014”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4179 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014 in the amount of $2,293,000 from Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642, and in the amount of $409,167.60 from the Department of Commerce, Division of Tourism, fund 0246, fiscal year 2005, organization 0304, activity 859, and in the amount of $261,246.01 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 075, and in the amount of $5,999.39 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2000, organization 0307, activity 131, and in the amount of $58,527.20 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 131, and in the amount of $154,061.74 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 131, and in the amount of $257,617.06 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 131, and in the amount of $209,609.04 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 131, and in the amount of $145,560.18 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 131, and in the amount of $131,792.70 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 131, and in the amount of $198,809.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 266, and in the amount of $65,804.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 266, and in the amount of $26,183.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 266, and in the amount of $250,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 266, and in the amount of $11,758.05 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 480, and in the amount of $62,039.15 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 480, and in the amount of $25,265 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 480, and in the amount of $124,338.34 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 480, and in the amount of $123,100 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 480, and in the amount of $140,830.80 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 480, and in the amount of $47,113.16 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 819, and in the amount of $223,665.85 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 819, and in the amount of $44,007.60 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 819, and in the amount of $123,230.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 819, and in the amount of $742,930.92 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 819, and in the amount of $539,290.37 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 819, and $334,180.67 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 900, and in the amount of $650,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2011, organization 0307, activity 941, and in the amount of $461.83 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2002, organization 0506, activity 803, and in the amount of $10,489.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2003, organization 0506, activity 803, and in the amount of $8,056.23 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2004, organization 0506, activity 803, and in the amount of $13,718.82 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2005, organization 0506, activity 803, and in the amount of $0.70 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2006, organization 0506, activity 803, and in the amount of $24,307.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2007, organization 0506, activity 803, and in the amount of $6,600.22 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2008, organization 0506, activity 803, and in the amount of $76,423.45 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2009, organization 0506, activity 803, and in the amount of $211,730.74 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2010, organization 0506, activity 803, and in the amount of $150,334.97 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2011, organization 0506, activity 803, and in the amount of $136,909.29 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2012, organization 0506, activity 803, and in the amount of $1,974.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, activity 803, and in the amount of $15,640.96 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2009, organization 0601, activity 953, and in the amount of $240,051.69 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2010, organization 0601, activity 953, and in the amount of $215,075.18 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, activity 953, and in the amount of $871,905.27 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2012, organization 0621, activity 818, and in the amount of $870,992.77 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2013, organization 0621, activity 818, and in the amount of $20,000,000 from Joint Expenses, Joint Expense Lottery Fund, fund 1736, fiscal year 2014, organization 2300, and in the amount of $5,707,000 from Joint Expenses, Tax Reduction and Federal Funding Increased Compliance, fund 1732, fiscal year 2014, organization 2300, and in the amount of $1,250,000 from the Auditor’s Office, Purchasing Card Administration Fund, fund 1234, fiscal year 2014, organization 1200, and in the amount of $5,000,000 from the Attorney General, Consumer Protection Fund, fund 1509, fiscal year 2014, organization 1500, and in the amount of $3,000,000 from the Secretary of State, General Administrative Fees Account, fund 1617, fiscal year 2014, organization 1600, and in the amount of $200,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2014, organization 0201, and in the amount of $200,000 from the Department of Administration, Division of General Services, Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2014, organization 0211, and in the amount of $4,737,257 from the Department of Administration, Board of Risk Insurance and Management, Premium Tax Savings Fund, fund 2367, fiscal year 2014, organization 0218, and in the amount of $500,000 from the Department of Administration, Surplus Property, Sale of State Surplus Property Fund, fund 2281, fiscal year 2014, organization 0214, and in the amount of $500,000 from the Department of Administration, Division of Purchasing, Purchasing Improvement Fund, fund 2264, fiscal year 2014, organization 0213, and in the amount of $2,000,000 from the Department of Administration, Division of Personnel, Division of Personnel Fund, fund 2440, fiscal year 2014, organization 0222, and in the amount of $45,607.91 from the Department of Military Affairs and Public Safety, Office of the Secretary, Secretary of Military Affairs and Public Safety Lottery Fund, fund 6005, fiscal year 2014, organization 0601, and in the amount of $200,000 from the Department of Revenue, Division of Financial Institutions, Assessment and Examination Fund, fund 3041, fiscal year 2014, organization 0303, and in the amount of $10,000,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission fund, fund 7152, fiscal year 2014, organization 0704, and in the amount of $724,487.42 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2014, organization 0705, and in the amount of $7,500,000 from the Department of Revenue, Lottery Commission, Operating and Expense Fund, fund 7200, fiscal year 2014, organization 0705, and in the amount of $2,008,911.50 from the Department of Revenue, Racing Commission, Administration, Promotion, Education, Capital Improvement and Greyhound Adoption Programs to include Spaying and Neutering Account, fund 7307, fiscal year 2014, organization 0707, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Public Defender Services, fund 0226, fiscal year 2014, organization 0221, to the Department of Health and Human Resources, Division of Health, Central Office, fund 0407, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2014, organization 0511, to the Department of Military Affairs and Public Safety, West Virginia Parole Board, fund 0440, fiscal year 2014, organization 0605, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2014, organization 0608, and to the Higher Education Policy Commission, Administration - Control Account, fund 0589, fiscal year 2014, organization 0441, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Armstead

            [By Request of the Executive]:

            H. B. 4180 - “A Bill expiring funds to the unappropriated balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2006, organization 2300, activity 642, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2007, organization 2300, activity 642, and in the amount of $7,000,000 from the Joint Expenses, fund 0175, fiscal year 2008, activity 642, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, and to the Department of Military Affairs and Public Safety, Division of Juvenile Services, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4181 - “A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the Division of Natural Resources, fund 3267, fiscal year 2014, organization 0310, and to the Bureau for Senior Services - Lottery Senior Citizens Fund, fund 5405, fiscal year 2014, organization 0508, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4182 - “A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2014, to a new item of appropriation designated to the Auditor’s Office, Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund, fund 1239, fiscal year 2014, organization 1200, to the Department of Education and the Arts, State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center - Special Account, fund 8664, fiscal year 2014, organization 0932, to the Department of Health and Human Resources, Division of Health, Hospital Services Revenue Account Special Fund Capital Improvement, Renovation and Operations, fund 5156, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Division of Human Services - Medical Services Trust Fund, fund 5185, fiscal year 2014, organization 0511, to the Department of Revenue, Racing Commission - General Administration, fund 7305, fiscal year 2014, organization 0707, to the Miscellaneous Boards and Commissions, WV State Board of Examiners for Licensed Practical Nurses, fund 8517, fiscal year 2014, organization 0906, to the Miscellaneous Boards and Commissions, Public Service Commission, fund 8623, fiscal year 2014, organization 0926, by supplementing and amending chapter four, Acts of the Legislature, regular session, 2013, known as the budget bill”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4183 - “A Bill supplementing, amending, decreasing, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2014, organization 0803, for the fiscal year ending June 30, 2014”;

to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4184 - “A Bill to repeal §5B-2E-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5B-2E-5, §5B-2E-7 and §5B-2E-7a of said code, all relating to the West Virginia Tourism Development Act; removing termination provisions; removing requirement for engagement of a consulting firm to review proposed projects; increasing the limitation on the total amount of tourism development expansion project tax credits for all approved companies each calendar year; and providing for increased tax credit amounts for projects located on state and federal recreational property”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            H. B. 4185 - “A Bill to amend and reenact §5A-1-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5A-1-10; to amend and reenact §5A-3-1, §5A-3-3, §5A-3-4, §5A-3-5, §5A-3-11, §5A-3-17, §5A-3-28, §5A-3-30 and §5A-3-31 of said code; and to amend said code by adding thereto three new sections, designated §5A-3-10d, §5A-3-10e and §5A-3-60, all relating generally to purchasing; revising the definition of ‘commodities’; eliminating the definition of ‘contractual services’; defining ‘contract’, ‘grant’, ‘procurement’, ‘public funds’, and ‘services’, revising the definition of ‘vendor’; requiring state spending units to purchase commodities and services on a competitive basis; authorizing the secretary of the Department of Administration to issue a notice to cease and desist when purchases are not made on a competitive basis; clarifying the purposes and policies of the Purchasing Division; clarifying the applicability of the article; clarifying that procurements must include adequate specifications and descriptions; authorizing the director of purchasing to issue a notice to cease and desist when purchases are not made on a competitive basis; adding the term ‘services’ to where ‘commodities’ is referenced throughout the code; removing reference to ‘contractual services’; authorizing reverse auctions for purchasing commodities; defining ‘reverse auction’; permitting third-party vendors to administer reverse auctions; affording the director of the Purchasing Division rule-making authority to implement reverse auctions; authorizing prequalification agreements and the secondary bid process for the direct procurement of certain commodities; defining ‘information technology’, ‘state’, ‘prequalification agreement’, ‘prequalified vendor’, and the ‘secondary bid process’; requiring approval of the director of the Purchasing Division for prequalification agreements, secondary bid process commodities procurements anticipated to cost in excess of $50,000 and information technology procurements anticipated to cost in excess of $1,000,000; affording the director of the Purchasing Division rule-making authority to establish procedures regarding prequalification agreements, prequalification, the secondary bid process, and related matters; clarifying circumstances in which grants are exempt from competitive bidding requirements; imposing personal liability upon spending officers and other responsible individuals who have knowingly and willfully violated competitive bidding requirements; expanding criminal penalties for undermining competition; requiring certain executive department officials to attend annual training on purchasing procedures; and making technical corrections”; to the Committee on Government Organization then the Judiciary.

By Delegates R. Phillips, White, Tomblin, Marcum, Hamilton, A. Evans, Ashley, Barker, Boggs, Hartman and Sponaugle:

            H. B. 4186 - “A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to the procedures for issuing a concealed weapon license; adding requirements to ensure that an applicant is not prohibited under the provisions of state or federal law from the receipt or possession of a firearm”; to the Committee on the Judiciary.

By Delegates Staggers, Marshall, Perry, Pino, Guthrie, Fragale and Gearheart:

            H. B. 4187 - “A Bill to repeal §17-16A-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11B-2-20a; and to amend and reenact §17-16A-1, §17-16A-3, §17-16A-4, §17-16A-5, §17-16A-6, §17-16A-7, §17-16A-8, §17-16A-9, §17-16A-10, §17-16A-11, §17-16A-12, §17-16A-13, §17-16A-13a, §17-16A-15, §17-16A-16, §17-16A-17, §17-16A-18, §17-16A-18a, §17-16A-21, §17-16A-22, §17-16A-23, §17-16A-25, §17-16A-26, §17-16A-27, §17-16A-29 and §17-16A-30 of said code, all relating to dissolution of the West Virginia Parkways, Economic Development and Tourism Authority; transferring its powers to the Secretary of the Department of Transportation; requiring all outstanding bonds of the Parkways Authority to be paid off via a loan from funds managed by the West Virginia Investment Management Board; and requiring that the loan be repaid at the same interest rate as the current bonds”; to the Committee on Roads and Transportation then Finance.

By Delegates Perdue, Fleischauer, Diserio, Eldridge, Kinsey, Lawrence, Marshall, Moore and Poore:

            H. B. 4188 - “A Bill to repeal §30-7B-8 and §30-7B-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18C-3-4; and to amend and reenact §30-7B-1, §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6 and §30-7B-7 of said code, all relating to the center for nursing; permitting the administration of financial aid and higher education scholarship programs by the Higher Education Policy Commission; continuing the Center for Nursing and placing it under supervision of the Higher Education Policy Commission; moving the Center for Nursing special revenue account to the Higher Education Policy Commission; updating provisions regarding funding of the special revenue account; updating the powers and duties of the Center for Nursing; reorganizing the center’s board of directors, updating membership and powers and duties of the board; authorizing reimbursement for board members’ actual and necessary expenses; requiring annual reports to the Legislative Oversight Commission on Health and Human Resources Accountability and the Legislative Oversight Commission on Education Accountability; providing for financial aid programs to benefit nurses who teach or practice in West Virginia; setting out minimum financial aid amounts for nurses; establishing conditions for receipt of financial aid for nursing students; providing for reimbursement by nursing students who fail to meet service requirements for receipt of financial aid; defining terms; deleting obsolete language and making technical changes”; to the Committee on Health and Human Resources then Education.

By Delegates Perdue, Fleischauer, Diserio, Guthrie, Kinsey, Marshall, Moore, Arvon, Cowles, Faircloth and Rowan:

            H. B. 4189 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, and §16-46-3, all relating to creating a good samaritan policy for certain offenses”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Perdue, Fleischauer, Guthrie, Kinsey, Marshall, Moore, Anderson, Azinger, Border, Ellem and Hamilton:

            H. B. 4190 - “A Bill to repeal §60A-10-5, §60A-10-6, §60A-10-8 and §60A-10-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-10-2, §60A-10-3, §60A-10-4 and §60A-10-7; all relating to controlling methamphetamine; requiring certain drug products be obtained by prescription only; moving certain drug products from schedule V to schedule IV; providing an exception for drug products that cannot be feasibly converted into methamphetamine; defining terms; prohibiting pharmacies from selling certain drugs that can be used in the production of methamphetamine without a prescription; creating a criminal offense for possession of certain substances without a prescription with intent to transfer to another to make methamphetamine; permitting the sale of certain drugs without a prescription; removing the requirements of the Multi-State Real-Time Tracking System; removing outdated language; and providing rule-making authority to the Board of Pharmacy”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Perdue, Fleischauer, Eldridge, Kinsey, Marshall and Moore:

            H. B. 4191 - “A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as amended, relating to increasing the excise tax on cigarettes and all other tobacco products; establishing a special revenue account; and designating where the additional revenues are to be transferred”; to the Committee on Health and Human Resources then Finance.

            By Delegate Lane:

            H. B. 4192 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-25, relating to creating a refundable tax credit for persons residing in the counties affected by the recent water emergency”; to the Committee on Finance.

Daily Calendar

First Reading

            Com. Sub. for H. B. 4001, Creating the False Claims Act; on first reading, coming up in regular order, was reported by the Clerk.

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

Remarks by Members

            Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate Shott regarding the Justice Reinvestment Act and drug courts be printed in the Appendix to the Journal.

            At 11:18 a.m., on motion of Delegate White, the House of Delegates recessed until 4:00 p.m., and reconvened at that time.

* * * * * * *

Afternoon Session

* * * * * * *

            At the request of Delegate Caputo, 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 Poling, Chair of the Committee on Industry and Labor, submitted the following report, which was received:

            Your Committee on Industry and Labor has had under consideration:

            H. B. 4082, Division of Labor, employer wage bonds,

            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 (H. B. 4082) was referred to the Committee on the Judiciary.

            Delegate Poling, Chair of the Committee on Industry and Labor, submitted the following report, which was received:

            Your Committee on Industry and Labor has had under consideration:

            H. B. 4083, Division of Labor, the Wage Payment and Collection Act,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4083) was referred to the Committee on the Judiciary.

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

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 4010, Creating the Uniform Real Property Electronic Recording Act,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4010) was referred to the Committee on the Judiciary.

            Delegate Skaff, Chair of the Committee on Small Business, Entrepreneurship and Economic Development, submitted the following report, which was received:

            Your Committee on Small Business, Entrepreneurship and Economic Development has had under consideration:

            H. B. 4175, West Virginia Small Business Emergency Act,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4175) was referred to the Committee on Finance.

            At 4:09 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 16, 2014.

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