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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 60 (03-08-2014)
Day 61 (03-09-2014)
Day 62 (03-10-2014)

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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__________*__________



 

Monday, January 20, 2014

THIRTEENTH DAY

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

 

 

            The House of Delegates met at 1:00 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 Journal of Friday, January 17, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate White, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing and considering a resolution.

Resolutions Introduced

            Mr. Speaker, Mr. Miley, on behalf of the entire Membership of the House, offered the following resolution, which was read by the Clerk as follows:

House Resolution No. 5

[By Mr. Speaker, Mr. Miley, Offered on Behalf of the Entire Membership]

 

[Unanimously Adopted by the House on January 20, 2014]

 

“Enrolling a Memorial to an extraordinary individual, the Honorable Joseph Blair Talbott, former Member of the House of Delegates from the County of Webster, educator, public servant and friend.”

            Joseph Blair Talbott was born January 23, 1933, in Webster Springs, West Virginia, the son of the late William Reginald and Opal Jarvis Talbott, and the grandson of W. T. Talbott, who was first elected to the House of Delegates in 1897.

            Joe received his education in the public schools of Webster County and attended Potomac State College before earning a Bachelor’s degree in physics and a Master’s degree in education from West Virginia Wesleyan College. He was active in sports, and played football for Wesleyan and Potomac State, and he played tennis for Wesleyan.

            Joe Talbott taught and coached in Webster County schools and at Shinnston High School in Harrison County, and his students benefitted from his love of, and dedication to, education. As an aging adult, he imparted knowledge gained from his life experiences and served as a quiet mentor to those who allowed him to enter their lives.

            Joe married Sue Legg, and they were the proud parents of two daughters, Sherri and Kelli, all of whom survive him.

            He served in the U. S. Marine Corps, and was a member of the Marine Corps League and the Veterans of Foreign Wars. He was also a member of the National Rifle Association, Ducks Unlimited, Sugar Creek Hunt Club, the Lions Club and Webster Springs Main Street.

            In 1992, he was first elected to the House of Delegates, representing Webster and part of Nicholas Counties. He was reelected in 1994, 2002, 2004, 2006, 2008 and 2010, and served as Vice Chair and Chair of the Committee on Constitutional Revision in the 72nd and 76th Legislatures, respectively, and as Chair of the Committee on Natural Resources in the 80th Legislature.

            Joe Talbott held the legislative process in the highest esteem, and he fiercely believed in government of the people, government by the people, and government for the people. The constitutional principles of fairness and equality were sacred to him, and he firmly held that a majority view on any matter did not of itself render the best decision. He devoted his full strength to the preservation of those principles.

            The memory of Joe Talbott will endure for years to come, not only in those whose lives he touched, but in the statutes he helped to craft and to enact; therefore, be it

            Resolved by the House of Delegates:

            That it is with the deepest regret that this House of Delegates formally extols the life of Joseph Blair Talbott, legislator, friend, educator and public servant; that we collectively deplore his passing, while at the same time we inscribe into the archives of the House of Delegates that he was indeed here, and that he served his beloved State of West Virginia and his constituents with honor, dignity and fairness; and, be it

            Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this Memorial for Sue Legg Talbott, his widow; and for Sherri Wong and Kelli Talbott, his daughters.

            At the respective requests of Delegate White, and by unanimous consent, reference of the resolution (H. R. 5) to a committee was dispensed with, and it was taken up for immediate consideration.

            The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 9), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Lawrence, J. Nelson and Walters.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 5) adopted.

Committee Reports

            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. 4004, Relating to criminal offenses for child abuse,

            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. 4004) 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. 2757, “Felicity’s Law”,

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

            Com. Sub. for H. B. 2757 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20D-1, §19-20D-2, §19-20D-3 and §19-20D-4, all relating to the creation of a private cause of action in magistrate court for the purpose of seeking humane destruction of a violent dog; elements of action; proceeding; attorney fees; limitations of action; and order of the court,”

            With the recommendation that the committee substitute do pass.

Bills Introduced

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

By Delegates M. Poling, Perry, Lawrence, Barrett, Young, Tomblin, Barill, Moye, Campbell, Walker and Pethtel:

            H. B. 4228 - “A Bill to repeal §11-8-16a of the Code of West Virginia, 1931, as amended; to repeal §18-2-17 of said code; to repeal §18-2E-5b and §18-2E-8b of said code; to repeal §18-2G-1, §18-2G-2 and §18-2G-3 of said code; to repeal §18-5-15e and §18-5-38 of said code; to repeal §18-7-1, §18-7-2 and §18-7-3 of said code; to repeal §18-9A-6b, §18-9A-14a and §18-9A-19 of said code; to repeal §18-9C-1, §18-9C-2, §18-9C-3, §18-9C-4, §18-9C-5, §18-9C-6, §18-9C-7 and §18-9C-8 of said code; to repeal §18A-3-1c and §18A-3-1d of said code; to repeal §18A-4-10b and §18A-4-14a of said code; to amend and reenact §18-2-5a and §18-2-13 of said code; and to amend and reenact §18-8-1a of said code, all relating to repealing or removing certain portions of education-related statutes that have expired or requires or provides for funding; repealing the authorization for county boards of education with an excess levy in effect prior to Better Schools Amendment to propose an additional excess levy not exceeding one hundred percent and a period of five years; repealing an expired pilot program for the delivery of leftover foods from schools and penal institutions; repealing expired provisions for review of system of education performance audits; repealing an expired requirement for audit of state board policies; repealing the library media improvement grant program; repealing an expired requirement for study on school equity; repealing an expired provision governing county board meetings; repealing an adult literacy education program financed, in part, by a voluntary state income tax return check-off; repealing the appropriation and allocation, up to $7 million, due to the increase in local share to Teachers Retirement System; repealing the incentive for administrative efficiency in public schools and its associated funding to the county boards of education; repealing a requirement for county boards of education to request funds to which they may be entitled; repealing the Better School Buildings Amendment and associated funding to county boards of education; repealing an expired study on training, certification, licensure and retraining of teachers; repealing a study of alternative certification programs that was required to be submitted to the Legislative Oversight Commission on Education Accountability by December 31, 2013; repealing the requirement to record and distribute exemplary teaching techniques and its associated bonuses to certain teachers; repealing an expired study on daily planning periods; providing that the State Board of Education need only file a single copy of a proposed rule with the Legislative Oversight Commission; removing the requirement that the State Board of Education contract with an independent agency to evaluate the results of character education and biannual reporting; and removing the requirement for semiannual reporting on the effect of the increased compulsory attendance age of students and the progress the state and county boards have made in implementing its associated requirements”; to the Committee on Education then Finance.

By Delegates Folk, Perry, Kump, Williams, Faircloth, Ireland, Gearheart, Butler, Householder, Cadle and R. Smith:

            H. B. 4229 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1 and §5-30-2, all relating to 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; making it a felony to attempt to enforce a federal, state or local statute, ordinance, law, order or rule concerning firearms, firearm accessories, ammunition and their accouterments that violate the state and federal constitutions; making findings; providing penalties; requiring the Attorney General to defend citizens of West Virginia who are prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition; providing for retroactivity; and providing that ex post facto laws are not created”; to the Committee on the Judiciary then Finance.

By Delegates Hunt, Mr. Speaker, Mr. Miley, Morgan, Moore, Reynolds, Craig, Miller, R. Phillips, Tomblin, Eldridge and McCuskey:

            H. B. 4230 - “A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the secondary schools athletic commission; and permitting participation by home schooled students in athletic activities and other extracurricular activities of secondary schools”; to the Committee on Education then Finance.

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

            H. B. 4231 - “A Bill to amend and reenact §48-10-902 of the Code of West Virginia, 1931, as amended, relating to the effect of adoption on grandparent visitation rights”; to the Committee on the Judiciary.

By Delegate Fragale:

            H. B. 4232 - “A Bill to amend and reenact §18A-4-2b of the Code of West Virginia, 1931, as amended, relating to minimum salary supplement and educational expense reimbursement for professional personnel with recognized national certification”; to the Committee on Education then Finance.

By Delegates Hamrick, Howell, Storch, Staggers, Manchin, Hunt, Wells, Miller, Moye, Moore and Shott:

            H. B. 4233 - “A Bill to amend and reenact §17C-14-1 of the Code of West Virginia, 1931, as amended, relating to unattended motor vehicles; misdemeanor penalty; and providing that a motor vehicle that has been started by use of a remote starter when the vehicle is locked is not an unattended vehicle and not in violation of this section”; to the Committee on Roads and Transportation then the Judiciary.

By Delegate Howell:

            H. B. 4234 - “A Bill to amend and reenact §61-3B-2 and §61-3B-3 of the Code of West Virginia, 1931, as amended, all relating to adding jail time to penalties for certain types of criminal trespass”; to the Committee on the Judiciary then Finance.

By Delegates Morgan, Kinsey, Staggers, Stephens, Howell, Diserio, Jones and Caputo:

            H. B. 4235 - “A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §5F-2-1a, §5F-2-1b, §5F-2-1c, §5F-2-1d, §5F-2-1e, §5F-2-1f, §5F-2-1g, §5F-2-1h, §5F-2-1i, §5F-2-1j, §5F-2-1k and §5F-2-1l, all relating to the reorganization of certain code provisions that organize the executive branch of state government”; to the Committee on Government Organization.

Daily Calendar

Third Reading

            Com. Sub. for H. B. 4014, Increasing criminal penalties for littering; 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. 10), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Lawrence, J. Nelson and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4014) passed.

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

Second Reading

            H. B. 4135, Designating the first Thursday in May the West Virginia Day of Prayer; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

First Reading

            Com. Sub. for H. B. 4003, Granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Miscellaneous Business

            Delegates Boggs, Caputo, Manchin and Mr. Speaker, Mr. Miley, addressed the House regarding former Member Joseph Blair Talbott, and at the conclusion thereof, Delegate Swartzmiller and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

Leaves of Absence

            At the request of Delegate White, and by unanimous consent, leaves of absence for the day were granted Delegates Lawrence, J. Nelson and Walters.

            At 1:40 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 21, 2014.

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