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House Journal


Day 01 (01-08-2014)
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Day 06 (01-13-2014)
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Day 15 (01-22-2014)
Day 16 (01-23-2014)
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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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__________*__________



 

Thursday, January 23, 2014

SIXTEENTH 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 Wednesday, January 22, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Walker, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 4017, Rule relating to the inspection of meat and poultry,

            H. B. 4038, Division of Natural Resources, relating to special motorboating,

 

            H. B. 4045, Board of Veterinary Medicine, certified animal euthanasia technicians,

            H. B. 4048, Commissioner of Agriculture, commercial feed,

            H. B. 4049, Commissioner of Agriculture, schedule of charges for inspection services: fruit,

            H. B. 4089, Division of Natural Resources, electronic registration of wildlife,

            And,

            H. B. 4111, Board of Veterinary Medicine, registration of veterinary technicians,

            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. 4017, H. B. 4038, H. B. 4045, H. B. 4048, H. B. 4049, H. B. 4089 and H. B. 4111) were each referred to the Committee on the Judiciary.

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

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

            H. B. 4148, Repealing the Strategic Research and Development Tax Credit,

            And reports the same back, with amendment, 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. 4148) was referred to the Committee on Finance.

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

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 4242, Increasing gross weight limitations on certain roads in Brooke County.

            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. 4242) was referred to the Committee on the Judiciary.

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

            Your Committee on Industry and Labor has had under consideration:

            H. B. 4196, Requiring the Workforce Investment Council to provide information and guidance to local workforce investment boards that would enable them to better educate both women and men about higher paying jobs,

            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. 4196) was referred to the Committee on the Judiciary.

            Delegate Guthrie, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            H. B.4079, Insurance Commissioner, utilization review and benefit determination,

            And,

            H. B. 4080, Insurance Commissioner, health plan issuer internal grievance procedure,

             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. 4079 and H. B. 4080) were each referred to the Committee on the Judiciary.

            Delegate Paxton, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 4147, Relating to emergency preparedness,

            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. 4147) was referred to the Committee on the Judiciary.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 4187, Dissolving the West Virginia Parkways, Economic Development and Tourism Authority and transfer its powers to the Secretary of the Department of Transportation,

            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. 4187) was referred to the Committee on Finance.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 4034, Commissioner of Highways, transportation of hazardous wastes upon the roads and highways,

            And,

            H. B. 4046, Office of Administrative Hearings, appeal procedures,

            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. 4034 and H. B. 4046) were each 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. 4217, Relating to Medicaid,

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

            Com. Sub. for H. B. 4217 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §9-5-22 and §9-5-23, all relating to Medicaid; requiring the Bureau of Medical Services to submit an annual report to the Legislature; requiring certain information to be included in the report; requiring website publication of certain information.”

            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. 4237, Defining alternative nicotine products and electronic cigarettes,

            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. 4237) 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. 4208, Banning synthetic hallucinogen, 

            H. B. 4214, Encouraging and assisting persons diagnosed with schizophrenic reality disorder in designating a durable medical power of attorney,

            And,

            H. B. 4236, Sexual assault nurse examination network,

            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. 4208, H. B. 4214 and H. B. 4236) were each referred to the Committee on the Judiciary.

            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. 2387, Relating to the West Virginia Fair Housing Act,

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

            Com. Sub. for H. B. 2387 - “A Bill to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of the Code of West Virginia, 1931, as amended, all relating to reasonable accommodations under the West Virginia Fair Housing Act for persons with disabilities who need assistive animals; providing for the submission of documentation of the disability related need for the assistive animal; providing for the sufficiency of the requested documentation; prohibiting a request for access to medical records or providers; providing for the denial of a request for an accommodation of an assistance animal; requiring a determination of a direct threat or substantial physical damage to be based on individualized assessment; prohibiting an unreasonable denial of accommodation; and replacing the term ‘handicapped’ with the term ‘disability’,”

            With the recommendation that the committee substitute do pass.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 

            S. B. 3 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §36-12-1, §36-12-2, §36-12-3, §36-12-4, §36-12-5, §36-12-6, §36-12-7, §36-12-8, §36-12-9, §36-12-10, §36-12-11, §36-12-12, §36-12-13, §36-12-14, §36-12-15, §36-12-16 and §36-12-17, all relating to creating the Uniform Real Property Transfer on Death Act; authorizing the transfer of real property effective at the time of a transferor’s death; providing for applicability and nonexclusivity of this method of transferring real property; providing that a transfer on death deed is revocable and nontestamentary; establishing the capacity of transferor; setting forth requirements for a transfer on death deed; providing that transfer on death deed exempt from payment of excise tax on the privilege of transferring real estate; providing that notice, delivery, acceptance or consideration are not required; providing requirements for revocation of deed; setting forth the effect of transfer on death deed during a transferor’s life and effect of the deed at transferor’s death; providing a disclaimer; providing for liberal construction; providing for uniformity of application and construction; setting forth article’s relation to the Electronic Signatures in Global and National Commerce Act; and defining terms”; which was referred to the Committee on the Judiciary.

            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. 29 - “A Bill to amend and reenact §62-1A-10 of the Code of West Virginia, 1931, as amended, relating to clarifying requirements for certain motor vehicle searches”; which was referred to the Committee on the Judiciary.

            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

            S. B. 346 - “A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the Division of Natural Resources, fund 3267, fiscal year 2014, organization 0310, and to the Bureau of Senior Services - Lottery Senior Citizens Fund, fund 5405, fiscal year 2014, organization 0508, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014 ”; which was referred to the Committee on Finance.

            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 its title and referred to the Committee on Rules:

            S. C. R. 4 - “Requesting the Division of Highways to name the new bridge that will cross West Fork of the Monongahela River at Shinnston the ‘Veterans Memorial Bridge’.”

            Whereas, Shinnston veterans have served our great nation honorably and notably in times of conflict, times of war and times of peace; and

            Whereas, Shinnston veterans have been wounded in times of conflict and been held as prisoners of war, while others have made the supreme sacrifice for their state and country; and

            Whereas, Shinnstonians have always answered the call of duty to serve in our nation’s military; and

            Whereas, Shinnston veterans have served in many capacities in the military including guarding the President of the United States and serving with the original Tuskegee Airmen; and

            Whereas, Shinnston has many decorated veterans who have been the recipients of many military honors including the Purple Heart, the Bronze Star, the Silver Star and the Congressional Gold Medal; and

            Whereas, Many Shinnston veterans have returned from serving our country to serve their communities as members of the West Virginia House of Delegates, and as mayors and councilmen; and

            Whereas, Shinnston veterans also return from duty to serve the community as volunteers, mentors, philanthropists, coaches and teachers; and

            Whereas, It is fitting to recognize the service and sacrifice of Shinnston veterans by naming this bridge in their honor; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the new bridge that will cross West Fork of the Monongahela River at Shinnston the “Veterans 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 “Veterans Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            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 its title and referred to the Committee on Rules:

            S. C. R. 5 - “Requesting the Division of Highways to name bridge number 20-19-0.01 in Kanawha County the ‘Army PFC William Floyd Harrison Memorial Bridge’.”

            Whereas, Army PFC William F. Harrison was born on February 13, 1924, in Kenna, Jackson County, West Virginia; and

            Whereas, Army PFC Harrison served as a machine gunner in the United States Army’s 41st Infantry Division; and

            Whereas, Army PFC Harrison was decorated with the Eastern Theater Ribbon with five Bronze Battle Stars, the American Theater Ribbon, the World War II Victory Medal, the Good Conduct Medal and the Purple Heart with an Oak Leaf Cluster; and

            Whereas, Army PFC Harrison returned home and married Juanita “Wana” Harrison on April 12, 1947, and had three children, Bonnie, Danny and Jackie; and

            Whereas, Army PFC Harrison passed away at age sixty-nine on October 23, 1993; and

            Whereas, It is fitting to honor Army PFC Harrison for his commitment, dedication and service to his country and his state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 20-19-0.01 in Kanawha County the “Army PFC William Floyd Harrison Memorial 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 “Army PFC William Floyd Harrison Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of the late Army PFC William Floyd Harrison.

Bills Introduced

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

By Delegates Manypenny, Walker, Skinner, Fragale, Stephens, Diserio, Morgan, Moore, Reynolds and Wells:

            H. B. 4264 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-8A-1, §16-8A-2, §16-8A-3, §16-8A-4, §16-8A-5, §16-8A-6, §16-8A-7, §16-8A-8, §16-8A-9, §16-8A-10, §16-8A-11, §16-8A-12, §16-8A-13, §16-8A-14, §16-8A-15, §16-8A-16, §16-8A-17, §16-8A-18, §16-8A-19, §16-8A-20, §16-8A-21, §16-8A-22, §16-8A-23 and §16-8A-24, all relating to creating the ‘Compassionate Use Act for Medical Cannabis’‘; providing for protections for the medical use of cannabis; limitations of article; prohibiting discrimination; authorizing addition of debilitating medical conditions; registration of qualifying patients and designated caregivers; issuance of registry identification cards; affirmative defense and dismissal for medical marihuana; providing misdemeanor offense and criminal penalties for disclosing certain information; and otherwise providing for the enforcement of this article”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Howell, Staggers, Moore, Manchin, Morgan, Skaff, Poore, R. Phillips, Tomblin, Storch and Armstead:

            H. B. 4265 - “A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §17A-6F-1 and §17A-6F-2, all relating to definitions of collector motor vehicle and a motor vehicle collector; the issue of special plates to motor vehicle collectors to use on collector motor vehicles; and allowing for the transfer of the special plates temporarily between the collector motor vehicles owned by the collector”; to the Committee on Roads and Transportation then Finance.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4266 - “A Bill to amend and reenact §29-22-18d of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §29-22A-10d and §29-22A-10e; to amend said code by adding thereto a new section, designated §29-22B-1409; to amend said code by adding thereto a new section, designated §29-22C-27a; and to amend said code by adding thereto a new section, designated §29-25-22b, all relating to the redirection of certain Lottery revenues to the State Excess Lottery Revenue Fund; changing the distribution to the West Virginia Infrastructure Fund to $20 million for three years beginning in fiscal year 2014; reducing certain racetrack video lottery and limited video lottery net terminal income distributions by fifteen percent; reducing certain table games adjusted gross receipts distributions by fifteen percent; and reducing certain distributions from adjusted gross receipts and net terminal income from the historic resort hotel by fifteen percent”; to the Committee on the Judiciary then Finance.

By Delegates Iaquinta, Boggs, Fleischauer, Longstreth, D. Poling, Moore, Williams, Azinger, Rowan, Ferro and R. Phillips:

            H. B. 4267 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9A-1-11b; to amend said code by adding thereto a new section, designated §11-12-87; to amend and reenact §29-3-23 and §29-3-24 of said code; and to amend and reenact §61-3E-1 of said code, all relating to legalizing and regulating the sale and use of fireworks; creating the West Virginia Veterans Program Fund; imposing a ten percent fee for the sale of fireworks and using the proceeds of that fee to fund the Veterans Program Fund”; to the Committee on the Judiciary then Finance.

By Delegates Iaquinta, Boggs, Fleischauer, Longstreth, Perry, Morgan, Wells, Poore, D. Evans and Lane:

            H. B. 4268 - “A Bill to amend and reenact §9A-1-2, §9A-1-5, §9A-1-6, §9A-1-8, §9A-1-9, §9A-1-10, §9A-1-11 and §9A-1-12 of the Code of West Virginia, 1931, as amended, all relating to the administration of veterans’ assistance generally; redesignating employment positions; providing additional power and authority of Secretary of Department of Veteran’s Assistance; modifying duties of Veterans’ Council; authorizing compensation of volunteer drivers; revising language related to the veterans facilities support fund; and conforming terminology used in existing statutory provisions”; to the Committee on Veterans’ Affairs and Homeland Security then Government Organization.

By Delegates Manypenny, Longstreth, Poore, Wells, Sponaugle, Marcum, Barrett, Eldridge, Ellem, Guthrie and Fleischauer:

            H. B. 4269 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3A-7, relating to creating a Task Force on the Prevention of Sexual Abuse of Children within the Center for Professional Development; composition of members; duty to make recommendations; and providing that members serve without expense reimbursement or compensation”; to the Committee on Education then the Judiciary.

By Delegates Westfall, Boggs, Perry, M. Poling, Espinosa, Raines, Ashley, Hamrick, Tomblin, Cadle and Pasdon:

            H. B. 4270 - “A Bill to amend and reenact §18-2-16 of the Code of West Virginia, 1931, as amended, relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center; providing that the minimum salary requirements for school service personnel do not apply to service employees who are initially employed to provide services at the camp and conference center on or after July 1, 2014”; to the Committee on Education then Finance.

By Delegates R. Phillips, Sponaugle, Caputo, L. Phillips, Marcum, A. Evans, Ashley, Hamilton, White, Walker and Tomblin:

            H. B. 4271 - “A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-2 and §61-7-6 of said code, all relating to firearms and concealed firearms licenses; permitting persons to possess firearms, other than shotguns and rifles, in a vehicle or conveyance without a concealed deadly weapons permit; changing certain provisions covering all firearms to be limited to shotguns and rifles; removing the provision that a firearm located in a storage area in or on a motor vehicle is deemed to be carried on or about a person who has a concealed handgun license; and permitting a person to transport concealed firearms in a private motor vehicle or a private water-borne conveyance without the necessity of having concealed deadly weapons permit”; to the Committee on the Judiciary.

By Delegates Manypenny, Skinner, Ellem, Walker, Guthrie and Canterbury:

            H. B. 4272 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9o, relating to exempt sales of precious metals from the sales tax”; to the Committee on Finance.

By Delegates Sobonya, Miller, Hartman, Westfall, Kump, Butler, Folk, Border, Campbell, R. Smith and Ferns:

            H. B. 4273 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-4e, relating to permitting coowners of cows to receive raw milk from those cows; and authorizing rule making”; to the Committee on Agriculture and Natural Resources then Health and Human Resources.

By Delegates Sobonya, Kump, Westfall, Williams, Hartman, Cowles, Miller, Butler, Folk, Border and Overington:

            H. B. 4274 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-4e, relating to permitting the sale of raw milk; and authorizing rule-making”; to the Committee on Agriculture and Natural Resources then Health and Human Resources.

By Delegates R. Phillips, Barker, Caputo, Craig, Marcum, Moore, Skaff, R. Smith, Sumner, Tomblin and White:

            H. B. 4275 - “A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to making West Virginia’s Water Pollution Control Act consistent with the federal Water Pollution Act, also known as the Clean Water Act, by clarifying that water quality standards may be used to calculate effluent standards or limitations, but may not themselves be used as effluent standards or limitations in a National Pollutant Discharge Elimination System permit for purposes of the federal Water Pollution Control Act”; to the Committee on the Judiciary.

By Delegates Barrett, M. Poling, Perry, Campbell, Sumner, Barill, Walker, Fragale, Pethtel, Tomblin and Eldridge:

            H. B. 4276 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing a credit against personal income tax for classroom teachers for nonreimbursed costs of supplies”; to the Committee on Education then Finance.

By Delegates Lane, Armstead, McCuskey and Raines:

            H. B. 4277 - “A Bill to amend the Code of West Virginia, 1931, as amended; by adding thereto a new section, designated §22-11-31, relating to reporting above-ground storage tanks in proximity to flowing waters; providing for civil penalties and injunctive relief”; to the Committee on the Judiciary then Finance.

By Delegates Perdue, Fleischauer, Morgan, Guthrie, Ellington, Staggers and Swartzmiller:

            H. B. 4278 - “A Bill to amend and reenact §30-3-15 of the Code of West Virginia, 1931, as amended, relating to rewriting the procedure by which corporations may obtain authorization from the West Virginia Board of Medicine to practice medicine and surgery through the corporation; setting forth licensing requirements; requiring an application; setting forth shareholder requirements; allowing fees to be set by the board; setting forth procedures for medical corporations formed outside of the state; setting out notice and procedural requirements for the Secretary of State; allowing for employees of a medical corporation; providing for a certificate of authorization; setting forth conditions under which the medical corporation cease operations; and providing for a misdemeanor penalty”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Manypenny, Sponaugle, Skinner, Barrett, Eldridge, Ellem and Guthrie:

            H. B. 4279 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5 and §61-14-6, all relating to creating the Citizen Privacy and Internet Activity Act; prohibiting the sale of online Internet activity to third parties; providing a short title; making legislative findings; defining terms; declaring public policy; and establishing criminal penalties”; to the Committee on the Judiciary then Finance.

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

            H. B. 4280 - “A Bill to repeal §9-2-1a, §9-2-6a, §9-2-9b, §9-2-9c and §9-2-12a, of the Code of West Virginia, 1931, as amended; to repeal §9-4C-2, §9-4C-2a, §9-4C-2b, §9-4C-3, §9-4C-4, §9-4C-5, §9-4C-6, §9-4C-7, §9-4C-8, §9-4C-9, §9-4C-10, and §9-4C-11 of said code; to repeal §9-5-8a, §9-5-11a, §9-5-11b, §9-5-11c and §9-5-16a of said code; to repeal §9-6-7, §9-6-8, §9-6-9, §9-6-10, §9-6-11, §9-6-12, §9-6-13, §9-6-14 and §9-6-15 of said code; to repeal §9-7-3a; §9-7-5a, and §9-7-6a, of said code; to amend and reenact §9-1-1 and §9-1-2 of said code; to amend said code by adding thereto two new sections, designated §9-1-3 and §9-1-4; to amend and reenact §9-2-1, §9-2-4, §9-2-5, §9-2-7, §9-2-8, §9-2-9, §9-2-10, §9-2-11 and §9-2-12 of said code; to amend said code by adding thereto three new sections, designated §9-2-13, §9-2-14 and §9-2-15; to amend and reenact §9-3-1, §9-3-2, §9-3-3, §9-3-4 and §9-3-5 of said code; to amend and reenact §9-4-1, §9-4-2, §9-4-3 and §9-4-4 of said code; to amend said code by adding thereto nine new sections, designated §9-4-5, §9-4-6, §9-4-7, §9-4-8, §9-4-9, §9-4-10, §9-4-11, §9-4-12 and §9-4-13; to amend and reenact §9-4A-1, §9-4A-2, §9-4A-3 and §9-4A-4 of said code; to amend said code by adding thereto a new section, designated §9-4A-5; to amend and reenact §9-4B-1, §9-4B-2, §9-4B-3, §9-4B-4, §9-4B-5, §9-4B-6, §9-4B-7 and §9-4B-8 of said code; to amend and reenact §9-4C-1 of said code; to amend and reenact §9-4D-1, §9-4D-2, §9-4D-3, §9-4D-4, §9-4D-5, §9-4D-6, §9-4D-7, §9-4D-8 and §9-4D-9; to amend said code by adding thereto a new section, designated §9-4D-10; to amend and reenact §9-4E-1, §9-4E-2 and §9-4E-3 of said code; to amend said code by adding thereto nine new sections, designated §9-4E-4, §9-4E-5, §9-4E-6, §9-4E-7, §9-4E-8, §9-4E-9, §9-4E-10, §9-4E-11 and §9-4E-12; to amend and reenact §9-5-1, §9-5-2, §9-5-3, §9-5-4, §9-5-5, §9-5-6, §9-5-7, §9-5-8, §9-5-9, §9-5-10, §9-5-11, §9-5-12, §9-5-13, §9-5-14, §9-5-15, §9-5-16, §9-5-17, §9-5-18, §9-5-19, §9-5-20 and §9-5-21 of said code; to amend said code by adding thereto a new section, designated §9-5-22; to amend and reenact §9-6-1, §9-6-2, §9-6-3, §9-6-4, §9-6-5 and §9-6-6 of said code; to amend and reenact §9-7-1, §9-7-2, §9-7-3, §9-7-4, §9-7-5, §9-7-6, §9-7-7, §9-7-8 and §9-7-9 of said code; to amend said code by adding thereto seven new sections, designated §9-7-10, §9-7-11, §9-7-12, §9-7-13, §9-7-14, §9-7-15 and §9-7-16, all relating to the Department of Health and Human Resources”; to the Committee on Health and Human Resources then Government Organization.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4281 - “A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-9A-7 of said code; to amend said code by adding thereto two new sections, designated §18A-3-1e and §18A-3-1f; to amend and reenact §18A-3-2a of said code; and to amend and reenact §18B-1D-4 of said code, all relating to education reform; modifying time frame for county and school strategic plans; aligning the school system and school accreditation; alternative teaching certificates; adding to the duties of the Higher Education Policy Commission and the Council for Community and Technical College Education; creating a more seamless transfer process; and making it easier for students to finish a bachelors degree program when transferring credit”; to the Committee on Education.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4282 - “A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to levels of funding to the Revenue Shortfall Reserve Fund; and specifying date by which the Governor may borrow from the Revenue Shortfall Reserve Fund”; to the Committee on Finance.

Daily Calendar

Third Reading

            Com. Sub. for H. B. 2757, Private cause of action for the humane destruction of a dog; on third reading, coming up in regular order, with restricted right to amend, was reported by the Clerk.

            On motion of Delegate Manchin, the bill was amended as follows:

            On page two, section one, by striking out section one in its entirety and re-designating the remaining sections.

            On page three, section three, line twenty-seven, by striking out the word “article” and inserting in lieu thereof the word “section”.

            And,

            On page one, by amending the enacting section to read as follows:

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §19-20D-1, §19-20D-2, and §19-20D-3, all to read as follows” followed by a colon.

            There being no further amendments, and having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 13), 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: Ambler, Cooper, Lawrence, J. Nelson, Raines 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. 2757) passed.

            On motion of Delegate Manchin, the title of the bill was amended to read 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 and §19-20D-3, 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.”

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

Second Reading

            The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third 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.

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

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

            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.

Leaves of Absence

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

            At 11:35 a.m., the House of Delegates adjourned until 10:00 a.m., Friday, January 24, 2014.

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