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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 21, 2014

FOURTEENTH 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 Monday, January 20, 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 applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests.

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. 2477, Permitting certain auxiliary lighting on motorcycles,

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

            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. 2020, Relating to conditions of bond for defendants in cases of crimes between family or household members,

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

            Com. Sub. for H. B. 2020 - “A Bill to amend and reenact §62-1C-17c of the Code of West Virginia, 1931, as amended, relating to conditions of bond for defendants in cases of crimes between family or household members generally; and setting forth certain specific statutory conditions in lieu of allowing the issuing authority to set conditions of bail,”

            With the recommendation that the committee substitute do pass.

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

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

            H. B. 4073, Health Care Authority, West Virginia Health Information Network,

            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. 4073) was referred to the Committee on the Judiciary.

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

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

            H. B. 4188, Updating the authority and responsibility of the Center on Nursing, 

            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 Education.

            In accordance with the former direction of the Speaker, the bill (H. B. 4188) was referred to the Committee on Education.

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

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

            H. B. 4189, Overdose Prevention 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. 4189) was referred to the Committee on the Judiciary.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 278 - “A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to the purchase of scrap metal by scrap metal dealers; and excluding gold, silver, palladium and platinum in the form of jewelry, bullion, ingots or coins from the definition of ‘scrap metal’”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

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

            H. C. R. 30 - “Requesting the Division of Highways to name the Burch High School Bridge in Mingo County, as the ‘Everett Ronnie Fields, Sr. Memorial Bridge’.”

            Whereas, Everett Ronnie Fields, Sr., was born in Varney, West Virginia, on August 4, 1944; and

            Whereas, Everett Ronnie Fields, Sr., married Janice Sue Fields on July 7, 1965; and

            Whereas, Together, Everett Ronnie Fields, Sr., and Janice Sue Fields had six children; and

            Whereas, Four of Everett Ronnie Fields, Sr.’s and Janice Sue Fields’s children and two of their grandchildren graduated from Burch High School in Mingo County, and another grandchild graduated from Mingo Central High School; and

            Whereas, Everett Ronnie Fields, Sr., contributed to the Mingo County community by cutting weeds around the Mingo County Vocational and Technical Center, dressing up as Santa Claus for children at Christmas and caring for the Adkins’ Graveyard; and

            Whereas, It is fitting to honor Everett Ronnie Fields, Sr., by naming the Burch High School 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 Burch High School Bridge in Mingo County the “Everett Ronnie Fields, Sr. 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 “Everett Ronnie Fields, Sr. 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 Everett Ronnie Fields, Sr.’s surviving relatives.

            Delegates Fragale, Mr. Speaker, Mr. Miley and Iaquinta offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 31 - “Requesting the Division of Highways to name a new bridge connecting County Route 23/9 to State Route 58 to Stonewood in Harrison County at Anmoore the ‘Rosalyn Queen Alonso Bridge’.”

            Whereas, Rosalyn Queen Alonso is a community leader, mother, wife and distinguished native of the East View area in Harrison County; and

            Whereas, Rosalyn Queen Alonso is one of the primary factors in developing and running the West Virginia Italian Heritage Festival in Harrison County; and

            Whereas, It is only appropriate that the new bridge be dedicated Rosalyn Queen Alonso who is proud to have been born and raised in this section of Harrison County and devoted her life to promoting the East View area, Harrison County, North Central West Virginia and the great State of West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the new bridge at Anmoore connecting County Route 23/9 to State Route 58 to Stonewood in Harrison County the “Rosalyn Queen Alonso Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Rosalyn Queen Alonso 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 Rosalyn Queen Alonso and her family.

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

            H. C. R. 32 - “Requesting the Division of Highways to name bridge number 1.45-199/5 in Pine Creek, Logan County, as the ‘Joe “Toby” Slade Memorial Bridge’.”

            Whereas, Joe “Toby” Slade was born in Wayne County, West Virginia, on September 22, 1932; and

            Whereas, Joe “Toby” Slade married Ruby Lyons Slade and together they had three children who blessed them with six grandchildren; and

            Whereas, Joe “Toby” Slade served as a Corporal in the U.S. Army during the Korean Conflict and was a retired coal miner; and

            Whereas, Joe “Toby” Slade was a proud member of the United Mine Workers of America and the American Legion; and

            Whereas, Joe “Toby” Slade passed away October 7, 2010 in Chapmanville, Logan County; and

            Whereas, It is fitting to honor Joe “Toby” Slade by naming the bridge number 1.45-199/5 in Pine Creek after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name bridge number 1.45-199/5 in Pine Creek, Logan County the “Joe ‘Toby’ Slade 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 “Joe ‘Toby’ Slade 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 Joe “Toby” Slade’s surviving relatives.

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

            H. C. R. 33 - “Requesting that bridge number 23-10-19.72 on Route 10 in Logan County, West Virginia, be named the ‘Army Sergeant Andrew Clark Bridge’.”

            Whereas, Sergeant Clark served in the United States Army from 1967 to 1969 with service in Vietnam with the 25th Infantry Division, where during the Tet Offensive of 1968, he was moved to the outer perimeter area where he spent days fending off countless enemy attacks on their area; and

            Whereas, Sergeant Clark dedicated his life to working with veterans and establishing programs to assist those returning from combat to successfully adjust and become reintegrated back into society; and

            Whereas, Sergeant Clark served many years in leadership positions in numerous organizations, including the Vietnam Veterans Associations of America, the Veterans of Foreign Wars, the Disabled American Veterans and numerous other organizations; and

            Whereas, Sergeant Clark served as a Veterans driver for years transporting countless veterans to and from appointments at the Veterans Administration Hospitals across the state to ensure all veteran issues were addressed; and

            Whereas, Sergeant Clark has served on numerous veteran boards, committees and panels established by past governors, elected officials and key veteran leaders to address veterans issues such as homelessness and the creation of veteran graveyards across Southern West Virginia; and

            Whereas, Sergeant Clark has worked closely with the Logan Empowerment, Action and Development Community Organization on events such as Operation Santa and Operation Clean Sweep and the Homeless Count to assist those in need, set an example for others to follow and made Logan a better place to live; and

            Whereas, It is fitting that an enduring testament be established to acknowledge this native son who has so ably served 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 23-10-19.72 on Route 10 in Logan County, West Virginia, the “Army Sergeant Andrew Clark 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 Sergeant Andrew Clark 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 Andrew Clark.

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

            H. C. R. 34 - “Requesting that bridge number 23-10-22.06 on Route 10 in Logan County, West Virginia, be named the ‘Marine Private Rudy Varney Bridge - Purple Heart Recipient’.”

            Whereas, Marine Private Varney served as a Marine in the Vietnam War, receiving a Purple Heart for wounds sustained on April 14, 1968, in the Battle of Khe Sahn; and

            Whereas, Marine Private Varney returned to America after the Vietnam War and dedicated his life to serving veterans from Southern West Virginia, establishing and assuming roles of leadership in numerous programs to include the Commander of the local chapter of the Vietnam Veterans of America for over twenty years and has served in leadership positions on numerous other veterans organizations as well; and

            Whereas, Marine Private Varney was assigned to the Governor’s Council for Veterans Issues across West Virginia; and

            Whereas, Marine Private Varney served as a Veterans driver for years transporting countless veterans to and from appointments at the Veterans Administration Hospitals across the state to ensure all veteran issues were addressed; and

            Whereas, Marine Private Varney is solely responsible for the survival and success of the Henlawson Veterans Center, working to establish programs and opportunities that have assisted countless veterans over the past three decades; and

            Whereas, Marine Private Varney has served on numerous veteran boards, committees and panels established by past governors, elected officials and key veteran leaders to address veterans issues such as homelessness and the creation of veteran graveyards across Southern West Virginia; and

            Whereas, Marine Private Varney has worked closely with the Logan Empowerment, Action and Development Community Organization on events such as Operation Santa and Operation Clean Sweep and the Homeless Count to assist those in need, set an example for others to follow and made Logan a better place to live; and

            Whereas, It is fitting that an enduring testament be established to recognize this native son who has so ably served 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 23-10-22.06 on Route 10 in Logan County, West Virginia, the “Marine Private Rudy Varney Bridge - Purple Heart Recipient”; 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 “Marine Private Rudy Varney Bridge Purple Heart Recipient”; 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 Rudy Varney.

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

            H. C. R. 35 - “Requesting the Division of Highways to name the Arden Truss, carrying Route 12 across the Tygart River in Arden, Barbour County, as the ‘The Arden Bridge in Memory of Abbie Gall’.”

            Whereas, Abbie Gall was born February 23, 1897 in Arden, West Virginia; and

            Whereas, Abbie Gall spent her entire life in Barbour County; and

            Whereas, Abbie Gall spent her career in service to her community working at the Post Office; and

            Whereas, Abbie Gall died in Philippi on December 14, 1998, at the age of 101; and

            Whereas, It is fitting to honor Abbie Gall’s life and service by naming the Arden Truss after her; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the Arden Truss, carrying Route 12 across the Tygart River in Arden, Barbour County, as the “The Arden Bridge in Memory of Abbie Gall”; 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 “The Arden Bridge in Memory of Abbie Gall”; 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 Abbie Gall’s surviving relatives.

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

            H. C. R. 36 - “Requesting the Division of Highways to name the West Virginia 73 Overpass at the Logan exit of Route 119, Logan, Logan County, as the ‘Army SGT Billy E. Vinson Memorial Bridge’.”

            Whereas, SGT Vinson was a native of Omar, McDowell County, West Virginia; and

            Whereas, SGT Vinson served in the Ohio National Guard’s 148th Infantry, 37th Division during the Second World War; and

            Whereas, In 1945, in Manila, Philippines, SGT Vinson led a team searching house-to-house for Japanese defenders and was ambushed by elite Japanese marines; and

            Whereas, SGT Vinsons’s quick defensive actions that day in the Philippines allowed enough time for his soldiers to evacuate their wounded to safety; and

            Whereas, SGT Vinsons’s heroism earned him the Silver Star; and

            Whereas, It is fitting to honor SGT Billy E. Vinson’s service by naming the Route 119 bridge crossing the Logan exit after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the West Virginia 73 Overpass at the Logan exit of Route 119, Logan, Logan County, as the “Army SGT Billy E. Vinson Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Army SGT Billy E. Vinson 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 SGT Billy E. Vinson’s surviving relatives.

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

            H. R. 6 - “Amending House Rule Nos. 25 and 26, relating to participation in House proceedings and voting by electronic teleconferencing by members not physically present due serving on active duty in the Armed Forces of the United States or in the West Virginia National Guard.”

            Resolved by the House of Delegates:

            That House Rule Nos. 25 and 26 be amended to read as follows:

Every Member to Vote:

            25. Every member present when a question is put, or when his or her name is called, shall vote unless he or she is immediately and particularly interested therein, or the House excuses him the member. A motion to excuse a member from voting must be made before the House divides, or before the call of the yeas and nays is commenced, and it shall be decided without debate, except that the member making the motion may briefly state the reason therefor.

            A member who is not physically present due to serving on active duty in the Armed Forces of the United States or in the West Virginia National Guard may participate in proceedings of the House by means of electronic teleconferencing and may vote on any question put by means of electronic teleconferencing. The electronic teleconferencing equipment shall be placed at the Clerk’s desk and the Clerk shall confirm and record the vote of the member.

Members Shall Be in Places When Voting; exception for members on active military duty:

            26. While the yeas and nays are being taken every member physically present shall be in his or her seat, and during the session of the House no person other than a member shall occupy the chair of a member: Provided, That a member who is not physically present and who is serving on active duty in the Armed Forces of the United States or in the West Virginia National Guard need not be in his or her seat while the yeas and nays are being taken.

Bills Introduced

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

By Delegates Fleischauer, Campbell, Pino, Longstreth, Ellem, L. Phillips, Hunt, Poore, Sobonya, Moore and Storch:

            H. B. 4236 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-9B-1, §15-9B-2 and §15-9B-3, all relating to establishing a regulatory system for sexual assault forensic examinations; requiring the creation of the Sexual Assault Forensic Examination Commission; setting forth its powers and responsibilities; setting forth its membership; requiring county prosecutors to convene and chair local Sexual Assault Forensic Examination Boards; and authorizing rule making”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Lawrence, Barrett, Guthrie, Skinner, Perdue, Campbell, Marshall, Poore, Fleischauer, Staggers and A. Evans:

            H. B. 4237 - “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 Health and Human Resources then the Judiciary.

By Delegates Marcum, R. Phillips, Campbell, White, Ferro, D. Poling, Barill, Eldridge, Tomblin, Craig and Barker:

            H. B. 4238 - “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, §11-13DD-3, §11-13DD-4 and §11-13DD-5, all relating to providing a tax credit to coal producers who sell coal to taxpayers who increase their consumption of West Virginia coal in this state for the purpose of increasing coal production and coal related employment in West Virginia”; to the Committee on Energy then Finance.

By Delegates Morgan, Stephens, Staggers, Caputo and Eldridge:

            H. B. 4239 - “A Bill to amend and reenact §7-7-1, §7-7-3, §7-7-4, §7-7-4a and §7-7-6b of the Code of West Virginia, 1931, as amended, relating to counties; reclassifying counties from ten classes to five classes; increasing the salaries of county commissioners and elected county officials; authorizing an automatic salary increase every two years; clarifying that the automatic salary increases only take effect with the new term of office; clarifying prosecuting attorneys’ full-time and part-time compensation; and clarifying assessors’ additional compensation classifications”; to the Committee on Political Subdivisions then Finance.

By Delegates Frich, Eldridge, Hamilton, Marcum, P. Smith, Moore, Arvon, Ellington, Marshall, Barill and Manypenny:

            H. B. 4240 - “A Bill to amend and reenact §60A-2-204 of the Code of West Virginia, 1931, as amended, relating to updating the list of Schedule I drugs; regulating synthetic marijuana and other synthetic drugs as Schedule I drugs”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Frich, R. Phillips, R. Smith, Andes, Skaff, Shott, L. Phillips, Marshall, Barill, Arvon and D. Poling:

            H. B. 4241 - “A Bill to amend and reenact §22A-1A-1 of the Code of West Virginia, 1931, as amended, requiring employers subject to the jurisdiction of the Office of Miner’s Health, Safety and Training to implement an alcohol abuse policy and program; requiring preemployment, random and annual testing; establishing a threshold level for alcohol abuse; requiring the alcohol abuse screening program to be reviewed; permitting employers to implement a more stringent program; providing for suspensions and review; requiring failed preemployment drug and alcohol tests be reported to the director; and defining a term”; to the Committee on Industry and Labor then the Judiciary.

By Delegates Diserio, Jones, Swartzmiller, Ferro, Fleischauer, Perdue, Poore, Storch, D. Poling, Eldridge and L. Phillips:

            H. B. 4242 - “A Bill to authorize the Commissioner of the West Virginia Division of Highways to allow an increase of gross weight limitations on certain roads in Brooke County”; to the Committee on Political Subdivisions the Judiciary.

By Delegates A. Evans, Hamilton, Ambler, Sponaugle, Azinger, Howell and Rowan:

            H. B. 4243 - “A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to including the resident grandchildren of bona fide resident landowners as persons who are not required to obtain licenses or permits to hunt, trap or fish on that resident landowner’s property”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates A. Evans, Sponaugle, Azinger and Rowan:

            H. B. 4244 - “A Bill to amend and reenact §27-2-3 of the Code of West Virginia, 1931, as amended, relating to requiring a person restraining a mentally ill or mentally challenged person in a ‘four point restraint’ to administer sedation by injection at the time the patient is secured in the ‘four point restraint’; guidelines for handling the patient after initial restraint and sedation; and penalty for failure to sedate by injection upon use of the ‘four point restraint’”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Fleischauer, Young, Iaquinta, Barrett, Barker, Barill, Diserio, Perdue, Guthrie, Ellington and Miller:

            H. B. 4245 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-20, relating to requiring certain professional boards regulating health care professions to gather information for the Higher Education Policy Commission and the Legislative Oversight Commission on Health and Human Resources Accountability concerning expected retirement dates”; to the Committee on Government Organization then Health and Human Resources.

By Delegates Kump, Folk, Gearheart, Faircloth, Rowan, Householder, Hamrick, Romine, Lynch, Longstreth and Miller:

            H. B. 4246 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-5-5a, relating to placing on the ballot of voters in every municipality of this state the question of whether the municipality should hold its future municipal elections on a state general election day”; to the Committee on Political Subdivisions then the Judiciary then Finance.

By Delegates Storch, Ferro, Marshall, Diserio, Pasdon, Raines, Swartzmiller, D. Evans, Gearheart, Espinosa and O’Neal:

            H. B. 4247 - “A Bill to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to permitting the Ohio County Commission to levy a special district excise tax; increasing the Fort Henry economic opportunity development project district from three hundred to five hundred contiguous acres of land”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegate Howell:

            H. B. 4248 - “A Bill to repeal §17C-5-2b of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-5-2 of said code, relating to requiring a criminal penalty for all first offenses of driving under the influence of alcohol, controlled substances or drugs; and repealing the program which defers proceedings for certain first offenses upon condition of participation in motor vehicle alcohol test and lock program”; to the Committee on the Judiciary then Finance.

By Delegates R. Smith, Canterbury, Ambler, Cooper, Barill, M. Poling, Overington, Frich, Williams, Hamilton and Craig:

            H. B. 4249 - “A Bill to amend and reenact §7-18-14 of the Code of West Virginia, 1931, as amended, relating to allowing proceeds of a hotel occupancy tax not exceeding $200,000 per fiscal year to be expended for medical care and emergency services in any county in which there is not more than one hospital, subject to other qualifications”; to the Committee on Health and Human Resources then Finance.

By Delegates Folk, Walker, Lynch, Williams, Shott, Kump, Manypenny, Howell, Faircloth, Householder and Butler:

            H. B. 4250 - “A Bill to amend and reenact §61-7-6 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to exceptions to prohibitions against carrying concealed handguns and reciprocity agreements for concealed carry; and providing that any law-abiding citizen eighteen years of age or older may carry a concealed weapon within the boundaries of the state without first obtaining a concealed carry permit”; to the Committee on the Judiciary then Finance.

By Delegates Lawrence, Fragale, Jones, Barill, Morgan, Hartman, Williams, Pethtel, Ellem, Hamilton and Poore:

            H. B. 4251 - “A Bill to amend and reenact §8-14-5a of the Code of West Virginia, 1931, as amended, relating to prohibiting the ticketing of cars parked at broken meters”; to the Committee on the Judiciary.

By Delegates R. Phillips, Tomblin, Sponaugle, Marcum, Reynolds, Moore, Boggs, Manchin, Skinner, L. Phillips:

            H. B. 4252 - “A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to changing the way counties pay for regional jail inmates from a per diem rate to an hourly rate”; to the Committee on the Judiciary then Finance.

By Delegates Campbell, Walker, Iaquinta, Hamilton, Morgan, Sponaugle, Tomblin, Marcum, Eldridge, Skaff and P. Smith:

            H. B. 4253 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-14a, relating to authorizing the issuance of special ‘In God We Trust’ registration plates”; to the Committee on Roads and Transportation then Finance.

Daily Calendar

Third Reading

            H. B. 4135, Designating the first Thursday in May the West Virginia Day of Prayer; 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. 11), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Lawrence and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4135) passed.

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

Second ReadingCom. 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 second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

First ReadingCom. Sub. for H. B. 2757, “Felicity’s Law”; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Leaves of Absence

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

            At 11:27 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 22, 2014.

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