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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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__________*__________



 

Wednesday, January 22, 2014

FIFTEENTH 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 21, 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. 4137, Relating to more equitable distribution to county boards of reimbursement of the costs of serving certain special needs students, 

            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. 4137) was referred to the Committee on Finance.

            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. 4162, Relating to the Local Solution Dropout Prevention and Recovery Innovation Zone Act,

            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. 4162) was referred to the Committee on Finance.

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

            Your Committee on Finance has had under consideration:

            H. B. 4006, Relating to the possession and distribution of child pornography,

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

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

            Your Committee on Finance has had under consideration:

            H. B. 4177, Making a supplementary appropriation to various agencies,

            And,

            H. B. 4182, Supplementing, amending, increasing, decreasing, and adding items of appropriations in various accounts,

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

            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. 4021, Board of Dental Examiners, legislative rule relating to the Board,

            H. B. 4022, Board of Dental Examiners, continuing education requirements,

            H. B. 4023, Board of Dental Examiners, administration of anesthesia by dentists,

            H. B. 4024, Board of Dental Examiners, expanded duties of dental hygienists and dental assistants,

            H. B. 4025, Board of Dental Examiners, formation and approval of professional limited liability companies,

            H. B. 4026, Board of Dental Examiners, formation and approval of dental corporations; and dental practice ownership,

            H. B. 4027, Board of Dental Examiners, relating to dental advertising,

            H. B. 4059, Board of Dental Examiners, practitioner requirements for accessing the West Virginia controlled substances monitoring program database,

            H. B. 4085, State Board of Examiners for Licensed Practical Nurses, fees for services rendered by the Board and supplemental renewal fee for the Center for Nursing,

            And,

            H. B. 4086, State Board of Examiners for Licensed Practical Nurses, continuing competence,

            And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bills (H. B. 4021, H. B. 4022, H. B. 4023, H. B. 4024, H. B. 4025, H. B. 4026, H. B. 4027, H. B. 4059, H. B. 4085 and H. B. 4086) were each referred to the Committee on the Judiciary.

            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. 4060, Board of Dental Examiners, mobile dental facilities and portable dental units,

            H. B. 4061, Board of Dental Examiners, fees established by the Board,

            And,

            H. B. 4084, State Board of Examiners for Licensed Practical Nurses, policies regulating licensure of the licensed practical nurse,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 4060, H. B. 4061 and H. B. 4084) were each referred to the Committee on the Judiciary.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by the Clerk as follows:

            S. C. R. 7 - “Requesting that the Star City interchange at Exit 155 of Interstate 79 in Morgantown, Monongalia County, West Virginia, be named the ‘Michael A. Oliverio, Sr., Interchange’.”

            Whereas, Michael A. Oliverio, Sr. was born in Carolina, West Virginia, to Joseph Oliverio and Mary Oliverio; and

            Whereas, Michael A. Oliverio, Sr.’s education began in Carolina Grade School and continued to Monongah High School; and

            Whereas, Michael A. Oliverio, Sr.’s higher education includes a Bachelor’s Degree in Physical Science and Mathematics from Fairmont State College, a Master’s in Guidance and Counseling from West Virginia University and additional post-graduate work completed at the University of Virginia, College of St. Thomas, Minnesota, and George Washington University; and

            Whereas, Michael A. Oliverio, Sr. began a loving marriage which lasted a wonderful forty-eight years with his wife Julia Barber Oliverio, who unfortunately passed away in 2007; their marriage blessed them with four children: Joseph Oliverio, Michael Oliverio, Frank Oliverio and Mary Oliverio, as well as six grandchildren; and

            Whereas, Upon completing his educational career, he began a distinguished career as a counselor, statesmen, educator and civic leader; and

            Whereas, Michael A. Oliverio, Sr. dedicated his life to the betterment of the global community. He served over twenty times as a keynote speaker and received over forty exceptional honors achievements, the most notable including: Keynote speaker to state rehabilitation associations belonging to West Virginia, Kentucky and South Carolina, and at regional rehabilitation associations such as the Southwest Regional and Eastern Regional Associations; and

            Whereas, Michael A. Oliverio, Sr. has many achievements such as a scholarship called the Michael A. Oliverio Scholarship at West Virginia University for Rehabilitation/Counseling graduates for use in regional and national post-graduate development; he was the founder of the Ronald McDonald House in Morgantown, West Virginia, and the Chair of the Community Advisory Committee; he has been credited for bringing the Health South Rehabilitation Center to Morgantown, West Virginia; for founding the National Hall of Fame for Persons with Disabilities in Columbus, Ohio; for serving as County Clerk for Monongalia County, West Virginia; as well as participating in briefing Presidents Gerald Ford and Jimmy Carter; and

            Whereas, Michael A. Oliverio, Sr. chaired the advisory committee that was instrumental in building Goodwill stores in locations at Morgantown, Fairmont, Bridgeport, Lewis County, Buckhannon and Elkins, West Virginia; and

            Whereas, Michael A. Oliverio, Sr. not only served the community locally, but internationally as well, making West Virginia and Calabria sister states and conducting the twinning process joining Clarksburg, West Virginia, and San Giovanni in Fiori, Italy; he started an exchange program with students from the University of Calabria and Fairmont State University; and

            Whereas, Michael A. Oliverio, Sr. for all of his success and service, received recognition in 2008 as the West Virginia Italian American Man of the Year, and it is only fitting to honor Michael A. Oliverio, Sr., for his life-long service to our state and his community; and

            Whereas, The naming of an interchange honoring Michael A. Oliverio, Sr.’s extraordinary contributions and life is but a small gesture of gratitude and appreciation; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the Star City interchange at Exit 155 of Interstate 79 in Morgantown, Monongalia County, West Virginia, the “Michael A. Oliverio, Sr., Interchange”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed at entrances and exits to the interchange signs containing bold and prominent letters proclaiming the interchange to be the “Michael A. Oliverio, Sr., Interchange”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the family of Michael A. Oliverio, Sr., and to the Commissioner of the Division of Highways.

            At the respective requests of Delegate White, and by unanimous consent, reference of the resolution (S. C. R. 7) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

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

Resolutions Introduced

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

            H. C. R. 37 - “Requesting that bridge number 52-20-16.81, located on Route 20, crossing over Fishing Creek, at Pine Grove, Wetzel County, West Virginia, and locally known as the North End Bridge, be named the ‘Army Sergeant Charles Leo Dulaney Memorial Bridge’.”

            Whereas, Charles Leo Dulaney was born June 7, 1927, and resided in Pine Grove, Wetzel County, West Virginia; and

            Whereas, Charles Leo Dulaney graduated from Pine Grove High School in 1944, where he played on the school’s basketball team; and

            Whereas, While serving in the 23rd Infantry, 2nd Infantry Division, United States Army, Sergeant Charles Leo Dulaney was killed in Korea May 29, 1951; and

            Whereas, It is fitting that an appropriate memorial be established in his home town to commemorate the service to country provided by Sergeant Charles Leo Dulaney; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 52-20-16.81, located on Route 20, crossing over Fishing Creek, at Pine Grove, Wetzel County, West Virginia, and locally known as the North End Bridge, the “Army Sergeant Charles Leo Dulaney 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 Sergeant Charles Leo Dulaney 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.

            Delegates Wells, Guthrie and Skaff offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 38 - “Requesting the Division of Highways to name bridge number 20-61-4.63, crossing Paint Creek on United States Route 61, in Kanawha County, the ‘W.T.(Big Bill) Elswick Memorial Bridge’.”

            Whereas, William Elswick was born in 1916, and lived a full life of 87 years until he passed away in 2003; and

            Whereas, William Elswick served his country in the Philippines during World War II with the rank of Master Sergeant in the United States Army; and

            Whereas, William Elswick worked for C & O Railroad and later for CSX Railroad; he played minor league baseball after his war service and his love of baseball and of children spurred him to volunteer for Little League when his son was old enough to play; with his own equipment and his own hard work, he built five baseball fields, one in Handley and four in Hansford, and three of those five fields are still in use today in Hansford and are named the W. T. Elswick Fields; and

            Whereas, William Elswick worked the midnight shift for C & O Railroad so that he could be at the ball fields during the day; he would go to the fields early in the morning when he got off work to cut grass, drag and line the fields, and anything else that needed to be done; he would then come home and eat and sleep for a while and then head off to work at the railroad; and

            Whereas, William Elswick was selected to receive the West Virginia Citizen of the Year Award by Governor Moore in 1987 for his lifetime of volunteer work; his volunteer work was also cited in numerous magazines and newspapers and was featured in the book titled Chatter Up!, authored by former Atlanta Braves player and scout Jeff Davenport, written to help children succeed at Little League, and the book was dedicated by the author to Mr. Elswick; and

            Whereas, William Elswick helped build strong friendships, leadership, team support, and good attitudes for thousands of children ages six to eighteen who lived from Marmet to Montgomery; his whole life was dedicated to helping children learn about sportsmanship, kindness, character, and integrity, as well as teaching children how to play sports; and

            Whereas, It is fitting and proper William Elswick be honored for his lifetime dedication to volunteering and leadership in the noble cause of helping the children of his community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name Bridge Number 20-61-4.63, crossing Paint Creek on United States Route 61, in Kanawha County, the “W.T. (Big Bill) Elswick 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 “W.T. (Big Bill) Elswick 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 to the family of William Elswick.

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

            H. C. R. 39 - “Requesting the Division of Highways to name bridge number S323-44.862 in Omar, Logan County, as the ‘Army LTC Robert “Bob” Marslender Bridge’.”

            Whereas, LTC Marslender was born in Omar, Logan County, on June 16, 1944; and

            Whereas, LTC Marslender enlisted in the Army in December 1967, and served until he was honorably discharged in December 1988; and

            Whereas, LTC Marslender served in the Vietnam Campaign and was highly decorated for his service, including earning the Legion of Merit, Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal, Meritorious Unit Commendation, National Defense Service Medal, Vietnam Service Medal, Armed Forces Reserve Medal, Army Service Ribbon, Overseas Service Ribbon, and the Vietnam Campaign Medal; and

            Whereas, It is fitting to honor LTC Marslender by naming bridge number S323-44.862 in Omar, Logan County, 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 S323-44.862 in Omar, Logan County, as the “Army LTC Robert ‘Bob’ Marslender 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 LTC Robert ‘Bob’ Marslender 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 LTC Marslender and his relatives.

            Delegates Gearheart, Arvon, Moore, Staggers, Ambler, Cooper, Sponaugle, Barrett, Hamrick,

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

            H. C. R. 40 - “Designating ‘Take Me Home Country Roads’ written by John Denver, Taffy Nivert, and Bill Danoff and initially recorded by John Denver, an official state song.”

            Whereas, West Virginia currently has three official state songs designated by House Concurrent Resolution No. 19, adopted February 28, 1963, including “This is My West Virginia”, “The West Virginia Hills”, and “West Virginia, My Home Sweet Home”; and

            Whereas, “Take Me Home Country Roads” has a pleasing and memorable tune and the lyrics are an apt poetic description of our landscape and heritage; and

            Whereas, “Take Me Home Country Roads” was written in 1970 and released in 1971, was included on John Denver’s breakout album “Poems, Prayers, and Promises”, and reached #2 as a single on the U.S. Hot Billboard Hot 100 chart; and

            Whereas, “Take Me Home Country Roads” has remained a popular and often repeated song for the last 40 years with words and a tune well known nationwide and easily sung by most West Virginians living both in and out of our state; and

            Whereas, “Take Me Home Country Roads” is performed regularly at most important events within our state, including the memorial service for Senator Robert C. Byrd, the dedication ceremony of Mountaineer Field, and the pre-game and post-game ceremonies at athletic events at West Virginia University; and

            Whereas, The lyrics are often quoted by popular celebrities and political figures, such as former Senator and Secretary of State Hillary Clinton when referring to our state; and

            Whereas, The song has been covered by artists from Ray Charles to Olivia Newton-John to the Hermes House Band to the Black Tartan Clan; and

            Whereas, The song has been an international hit, even being one of the most popular tunes played at Munich’s Oktoberfest; and

            Whereas, It has even appeared in award winning films such as the Japanese hit “Whispers in the Heart”; and

            Whereas, It has given positive images of West Virginia to an audience that would never otherwise have been found; therefore, be it

            Resolved by the Legislature of West Virginia:

            That “Take Me Home Country Roads” as written by John Denver, Taffy Nivert, and Bill Canoff be designated an official state song; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor.

            Delegates Guthrie, Longstreth, Fleischauer, Barill, Wells, Iaquinta, Fragale, L. Phillips, Campbell, Manypenny and Morgan offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 41 - “Designating shelter dogs and cats as the official state pet of the State of West Virginia.”

            Whereas, Animals are valued members of our families, public service organizations and our culture, it is our fundamental obligation to care for and protect them; and

            Whereas, The estimated ninety-seven humane societies and animal shelters in West Virginia continue to be instrumental in championing and protecting these animals; and

            Whereas, Thousands of dedicated West Virginians work at these shelters, many on a volunteer basis, to ensure the proper level of care and compassion these animals deserve; and

            Whereas, Everyday across our state, these volunteers, staff and animal control personnel see the results of irresponsible pet ownership and dog and cat overpopulation; and

            Whereas, Roughly sixty percent of these animals will never be adopted into a family; and

            Whereas, It is our responsibility to assure and provide for the well-being of our animals through legislation and educational programs designed to prevent further animal cruelty, abuse, and overpopulation and to promote and support spay and neutering programs throughout West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby designates shelter dogs and cats as the official state pet of the State of West Virginia; and, be it

            Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution to the appropriate officials operating shelters and rescues in West Virginia.

            Mr. Speaker, Mr. Miley, and Delegates Swartzmiller, Ambler, Anderson, Armstead, Ashley, Azinger, Barill, Barker, Barrett, Boggs, Border, Cadle, Campbell, Canterbury, Caputo, Craig, Diserio, Eldridge, Ellem, Ellington, A. Evans, D. Evans, Faircloth, Ferns, Ferro, Fleischauer, Folk, Fragale, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hartman, Hunt, Iaquinta, Jones, Kinsey, Longstreth, Lynch, Manchin, Manypenny, Marcum, Marshall, Miller, Moore, Morgan, Moye, Overington, Pasdon, Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Romine, Rowan, Skaff, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Staggers, Stephens, Storch, Sumner, Tomlin, Walker, Walters, Wells, Westfall, White, Williams and Young offered the following resolution, which was read by the Clerk as follows:

            H. C. R. 42 - “Expressing support of the House of Delegates urging Congress to revise the

‘Biggert-Waters Flood Insurance Reform Act of 2012’.”

            Whereas, In 1968, the United States Congress created the National Flood Insurance Program, allowing the purchase of flood insurance as an alternative to disaster relief; and

            Whereas, This program is now deeply in debt following the widespread devastation caused by Hurricane Katrina and Superstorm Sandy; and

            Whereas, In 2012, the United States Congress passed the Biggert-Waters Flood Insurance Reform Act of 2012 to bolster the National Flood Insurance Program; and

            Whereas, Due to this Act, many West Virginia residents and businesses have seen their flood insurance premiums greatly increase; and

            Whereas, Many of those affected by increasing flood insurance premiums have historically lived outside of a recognized floodplain; and

            Whereas, Floodplain maps are created and administered by the Federal Emergency Management Agency, located outside of West Virginia; and

            Whereas, There is a large cost being placed on West Virginia cities and property owners to appeal the incorrect maps; and

            Whereas, Traditionally, flood insurance rates have been regionally based, where similar risk factors and like properties are insured; and

            Whereas, There is a distinct difference between inland flooding in West Virginia, which often results in permanent residences being cleaned and rehabbed, and coastal flooding, which primarily affects vacation homes that are completely lost; and

            Whereas, Under the new law, inland areas and coastal regions are insured together; and

            Whereas, This has caused property owners of low-risk primary residences to subsidize flood insurance for vacation homes that are intentionally built in high-risk coastal areas; and

            Whereas, While this Act is laudable in its intent, it has resulted in an unfair burden and hardship placed on West Virginia residents and businesses; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby strongly urges the United States Congress to revisit and revise the Biggert-Waters Flood Insurance Reform Act of 2012, in hopes that the unfair burden and hardship placed on West Virginia residents and businesses can be removed; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to members of the United States Senate representing West Virginia, members of the West Virginia congressional delegation, the Majority Leader of the United States Senate and the Speaker of the United States House of Representatives.

            At the respective requests of Delegate White, and by unanimous consent, reference of the resolution (H. C. R. 42) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

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

Bills Introduced

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

By Delegates Armstead, Mr. Speaker, Mr. Miley, Ashley, Cadle, Westfall, McCuskey, Butler, Manchin, Walters, Boggs and E. Nelson:

            H. B. 4254 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-15b, relating to providing that certain state employees may be granted a leave of absence with pay while providing assistance as an essential member of an emergency aid provider during a declared state of emergency”; to the Committee on Finance.

By Delegates Manypenny, Barrett, Perdue, Ambler and Hamilton:

            H. B. 4255 - “A Bill to amend and reenact §22-26-1, §22-26-2, §22-26-3, §22-26-6, §22-26-7 and §22-26-8 of the Code of West Virginia, 1931, as amended, all relating to the Water Resources Protection and Management Act; amending the definition of ‘Large-quantity user’; eliminating the ten percent variance provision; requiring certain information regarding private wells be submitted to the secretary; adopting the State Water Resources Management Plan; requiring DEP to report biennially to commission regarding implementation of plan and survey results; and requiring large-quantity users to submit certain report annually”; to the Committee on the Judiciary.By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4256 - “A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to amending the annual salary schedule for members of the State Police beginning on July 1, 2014, and continuing thereafter”; to the Committee on Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4257 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-19b, relating to providing criminal penalties for the dissemination of false, misleading or deceptive information through automated telephone calls during a declared state of emergency”; to the Committee on the Judiciary then Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4258 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24, §22-30-25, §22-30-26, §22-30-27 and §22-30-28, all relating to the protection of source water supplies and systems generally through regulation of industrial aboveground storage tanks; short title; applicability; legislative findings and purposes; defining terms; authorizing a source water protection program; requiring public water systems to remit an annual fee and submit a source water protection plan for joint approval by the Secretary of the Department of Environmental Protection and the Secretary of the Department of Health and Human Resources every three years; permitting the Secretary of Department of Environmental Protection to request studies from public water systems regarding potential contaminant sources; providing emergency and legislative rule-making authority to the secretary to adopt and implement an industrial aboveground storage tank program; setting forth powers and duties of the secretary to implement an industrial aboveground storage tank program; setting forth notification requirements for owners and operators of industrial aboveground storage tanks; providing emergency and legislative rule-making authority; setting forth registration requirements, including an annual registration fee, for industrial aboveground storage tanks; prohibiting the operation or use of an unregistered industrial aboveground storage tank; prohibiting the delivery or deposit of regulated material into an unregistered industrial aboveground storage tank; requiring annual inspection and certification by a registered professional engineer of minimum safety standards for industrial aboveground storage tanks, associated equipment, leak detection systems, and secondary containment structures; providing rule-making authority to ensure financial responsibility for corrective action for releases of regulated material from industrial aboveground storage tanks; providing rule-making authority for performance standards for new and existing industrial aboveground storage tanks; authorizing the secretary to ensure corrective action be taken regarding a release or threatened release of regulated material from an industrial aboveground storage tank; permitting the secretary to use funds from the Leaking Industrial Aboveground Storage Tank Response Fund to pay for the costs of corrective action to prevent contamination of a source water supply; requiring written notice from the secretary to a responsible party regarding liability for reimbursement to the Leaking Industrial Aboveground Storage Tank Response Fund; requiring spill prevention response plans for each industrial aboveground storage tank to be submitted for approval by the secretary; requiring owners or operators of industrial aboveground storage tanks to provide public notice to certain public water systems, the local municipality, and the local county regarding regulated material; requiring signage on industrial aboveground storage tanks; providing rule-making authority; creating a special revenue fund entitled the Industrial Aboveground Storage Tank Administrative Fund and authorizing the secretary to collect an annual registration fee for deposit into this fund; creating a special revenue fund entitled the Leaking Industrial Aboveground Storage Tank Response Fund and authorizing the secretary to collect an annual fee for deposit into this fund; authorizing expenditures from the funds; providing public access to information collected under this article pursuant to the Freedom of Information Act; permitting the secretary to require the owners or operators of industrial aboveground storage tanks to furnish information, conduct reasonable monitoring or testing, and allow access to records to facilitate implementation of the provisions of this article; permitting the secretary to issue orders to enforce this article, including temporary and permanent injunctions; providing for civil and criminal penalties; providing for appeals to the environmental quality board; prohibiting duplicative enforcement; requiring the secretary to report to the legislature every three years on the effectiveness of this article and annually on the accounting of the funds; requiring interagency coordination; permitting the secretary to bring a civil action against an owner or operator of an industrial aboveground storage tank upon receipt of evidence of imminent and substantial endangerment to human health or the environment; providing for immediate notice to appropriate state and local agencies and public water systems; and severability”; to the Committee on the Judiciary then Finance.

By Delegate Romine:

            H. B. 4259 - “A Bill to extend the time for the city council of the city of Sistersville, Tyler County, to meet as a levying body for the purpose of presenting to the voters of the city an election to supplement current funds for the operation of parks, the library, fire department and streets and for the purpose of paying all costs incurred in the laying of this additional levy from between the seventh and twenty-eighth days of March and the third Tuesday in April until May 31, 2014”; to the Committee on Political Subdivisions then Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4260 - “A Bill to repeal §5-1C-2, §5-1C-3, §5-1C-4, and §5-1C-5 of the Code of West Virginia, 1931, as amended; to repeal §5B-2-2 and §5B-2-3 of said code; to repeal §15-8-1, §15-8-2, §15-8-3, §15-8-4, §15-8-5, §15-8-6, §15-8-7, §15-8-8, §15-8-9, §15-8-10, §15-8-11, and §15-8-12 of said code; to repeal §16-5J-5 of said code; to repeal §16-5P-7 of said code; to repeal §16-29H-1, §16-29H-2, §16-29H-3, §16-29H-4, §16-29H-5, §16-29H-6, §16-29H-7, §16-29H-8, §16-29H-9, and §16-29H-10 of said code; to repeal §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5, and §16-42-6 of said code; to repeal §18-2J-1, §18-2J-2, §18-2J-3, §18-2J-4, §18-2J-5, §18-2J-6, and §18-2J-7 of said code; to repeal §18B-1C-3 of said code; to repeal §18B-14-11 of said code; to repeal §18B-16-6 of said code; to repeal §20-2B-2a of said code; to repeal §21-3A-10 of said code; to repeal §23-1-1a of said code; to repeal §29-12B-4 and §29-12B-5 of said code; to repeal §29-12C-1 and §29-12C-2 of said code; to repeal §31-16-1, §31-16-2, §31-16-3, and §31-16-4 of said code; to repeal §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5, §33-16G-6, §33-16G-7, §33-16G-8 and §33-16G-9 of said code; to repeal §33-48-2 and §33-48-3 of said code; to repeal §47A-1-1, §47A-1-2, §47A-1-3 and §47A-1-4 of said code; to repeal §55-15-1, §55-15-2, §55-15-3, §55-15-4, §55-15-5 and §55-15-6 of said code; to repeal §62-11E-1, §62-11E-2, and §62-11E-3 of said code; to amend and reenact §15-5-28 of said code; to amend and reenact §18A-3-2c of said code; and to amend and reenact §33-16D-16 of said code, all relating to eliminating unnecessary boards, councils, committees, panels, task forces and commissions; repealing the Science and Technology Advisory Council; repealing the Council for Community and Economic Development; repealing the Statewide Mutual Aid Committee; repealing the Sheriffs’ Bureau; repealing the Clinical Laboratories Quality Assurance Advisory Board; repealing the Council on Aging; repealing the Governor’s Office of Health Enhancement and Lifestyle Planning; repealing the Comprehensive Behavioral Health Commission; repealing the Governor’s Advisory Council for Educational Technology; repealing the Principal Standards Advisory Council; repealing the West Virginia Consortium for Undergraduate Research and Engineering; repealing the Governor’s Commission on Graduate Study in Science, Technology, Engineering, and Mathematics; repealing the West Virginia Rural Health Advisory Panel; repealing the Ohio River Management Fund Advisory Board; repealing the Occupational Safety and Health Review Commission; repealing the Workers’ Compensation Board of Managers; repealing the State Medical Malpractice Advisory Panel; repealing the Patient Injury Compensation Plan Study Board; repealing the Steel Advisory Commission; repealing the West Virginia Small Employer Group Health Benefit Plan Policy Advisory Committee; repealing the West Virginia Health Benefit Exchange Governing Board; repealing the West Virginia Health Insurance Plan Board; repealing the West Virginia Lending and Credit Rate Board; repealing the Alternative Dispute Resolution Commission; and repealing the Sexually Violent Predator Management Task Force”; to the Committee on Government Organization.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4261 - “A Bill to amend and reenact §18A-4-2 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to teacher and school service personnel salary increases; adjusting effective dates; and revising state minimum salary schedules for teachers and school service personnel”; to the Committee on Education then Finance.

By Delegates P. Smith and Rowan:

            H. B. 4262 - “A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue a special license plate for applicants who are deaf or hearing impaired and establishing requirements for eligibility; and fees”; to the Committee on Roads and Transportation then Finance.

By Delegates Gearheart, Arvon, Shott, White, Moore, Staggers, Ambler, Cooper, Hamrick, Canterbury and Ellington:

            H. B. 4263 - “A Bill to amend and reenact §15-2-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-16A-4, §17-16A-10 and §17-16A-18 of said code, all relating to providing for the transfer of ownership, operation and maintenance of certain assets of the West Virginia Parkways Authority to the Division of Highways; requiring all debt obligations of the Parkways Authority to be satisfied by February 1, 2020; eliminating tolls on the West Virginia Turnpike after debt obligations are satisfied; directing the Governor to issue a proclamation that all obligations are satisfied and transfer of assets; providing that certain materials, equipment, assets and employees of the parkways authority be transferred to the Division of Highways; providing for employees of the Parkways Authority whose positions are eliminated as result of the transfer; requiring certain moneys be used for operation and maintenance of, and for the provision of police services by the West Virginia State Police on the West Virginia Turnpike; providing that all obligations and responsibilities of the parkways authority for the West Virginia Turnpike cease on January 1, 2035; prohibiting new bonds from being issued; providing an exception; requiring the Division of Highways to accept ownership of the West Virginia Turnpike when the bonds secured by toll revenues have been paid; creating two funds; and authorizing rule-making”; to the Committee on Roads and Transportation then Finance.

Daily Calendar

Third 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 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. 12), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Cooper, Lawrence, J. Nelson, Raines, Storch 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. 4003) 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. 2757, “Felicity’s Law”; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate White, and by unanimous consent, the bill was advanced to engrossment and third reading with restricted right to amend by Delegate Manchin, and the rule was suspended to permit the consideration of the amendment on that reading.

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

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

            And,

            H. B. 2477, Permitting certain auxiliary lighting on motorcycles.

Leaves of Absence

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

Remarks by Members

            Delegates Barill, Fleischauer and Marshall addressed the House regarding S. C. R. 7, Requesting Star City interchange on I-79 in Morgantown be named “Michael A. Oliverio, Sr., Interchange”, and at the conclusion thereof, Delegate Perdue asked and obtained unanimous consent that their remarks be printed in the Appendix to the Journal.

            Delegate Swartzmiller addressed the House regarding H. C. R. 42, Biggert-Waters Flood Insurance Reform Act of 2012, and at the conclusion of his remarks, Delegate Perdue asked and obtained unanimous consent that they be printed in the Appendix to the Journal.

            At 11:31 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 23, 2014.

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