Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Daily Calendar | Journal | Menu |

House Journal


Day 01 (01-08-2014)
Day 02 (01-09-2014)
Day 03 (01-10-2014)
Day 06 (01-13-2014)
Day 07 (01-14-2014)
Day 08 (01-15-2014)
Day 09 (01-16-2014)
Day 10 (01-17-2014)
Day 13 (01-20-2014)
Day 14 (01-21-2014)
Day 15 (01-22-2014)
Day 16 (01-23-2014)
Day 17 (01-24-2014)
Day 20 (01-27-2014)
Day 21 (01-28-2014)
Day 22 (01-29-2014)
Day 23 (01-30-2014)
Day 24 (01-31-2014)
Day 27 (02-03-2014)
Day 28 (02-04-2014)
Day 29 (02-05-2014)
Day 30 (02-06-2014)
Day 31 (02-07-2014)
Day 34 (02-10-2014)
Day 35 (02-11-2014)
Day 36 (02-12-2014)
Day 37 (02-13-2014)
Day 38 (02-14-2014)
Day 42 (02-18-2014)
Day 43 (02-19-2014)
Day 44 (02-20-2014)
Day 45 (02-21-2014)
Day 48 (02-24-2014)
Day 49 (02-25-2014)
Day 50 (02-26-2014)
Day 51 (02-27-2014)
Day 52 (02-28-2014)
Day 56 (03-04-2014)
Day 57 (03-05-2014)
Day 58 (03-06-2014)
Day 59 (03-07-2014)
Day 61 (03-09-2014)
Day 62 (03-10-2014)
Day 01 (1-08-02014)

Eighty-first Legislature

Second Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg



__________*__________



 

Friday, January 24, 2014

SEVENTEENTH DAY

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

 

 

            The House of Delegates met at 10:00 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 Thursday, January 23, 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. 4228, Repealing or removing certain portions of education-related statutes that have expired,

            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. 4228) was referred to the Committee on Finance.

            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. 4090, Board of Pharmacy, continuing education for licensure of pharmacists,

            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 bill (H. B. 4090) was 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. 4042, Board of Professional Surveyors, examination and licensing of professional surveyors in West Virginia,

            H. B. 4070, Governor’s Committee on Crime, Delinquency and Correction, law enforcement training and certification standards,

            And,

            H. B. 4091, Board of Pharmacy, controlled substances monitoring,

            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. 4042, H. B. 4070 and H. B. 4091) were each referred to the Committee on the Judiciary.

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

            Your Committee on Finance has had under consideration:

            S. B. 346, Making supplementary appropriation from Lottery Net Profits to DNR and Bureau of Senior Services,

            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. 2966, Relating to employment and privacy protection,

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

            Com. Sub. for H. B. 2966 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3 and §21-5G-4, all relating to employment and privacy protection; prohibiting an employer from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through certain electronic communications devices; prohibiting an employer from taking or threatening to take, certain disciplinary actions for an employee’s refusal to disclose certain password and related information; prohibiting an employer from failing or refusing to hire an applicant as a result of the applicant’s refusal to disclose certain password and related information; prohibiting an employee from downloading certain unauthorized information or data to certain Web sites or Web-based accounts; providing that an employer is not prevented from conducting certain investigations for certain purposes, including gathering information needed for compliance with mandatory state or federal regulations; and duties not created under this article,”

            And,

            H. B. 4139, Restricting parental rights of child custody and visitation when the child was conceived as a result of a sexual assault or sexual abuse,

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

            Com. Sub. for H. B. 4139 - “A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-9-209a, all relating to restricted parental rights of child custody and visitation when a child was conceived as a result of a sexual assault or sexual abuse; denying custody and visitation rights to a natural parent convicted of sexual assault when a child is produced as a result of the offense, unless the victim or guardian consents and it is in the best interests of the child; providing limited exceptions when the biological parents cohabit; creating a rebuttable presumption against the granting of sole or joint custody to the perpetrator of the offense under certain circumstances; providing a mechanism to petition the court for consideration of additional factors and protections in a parenting plan when a child is the product of a sexual assault or sexual abuse; burden of proof to met by the petitioner; and clarifying the natural parent’s continuing support obligations,”

            With the recommendation that the committee substitutes each 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. 2954, Requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature,

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

            Com. Sub. for H. B. 2954 - “A Bill to amend and reenact §22A-11-2 of the Code of West Virginia, 1931, as amended, relating to requiring that members of the Mine Safety Technology Task Force, except ex officio members are paid the same compensation and expense reimbursement as members of the Legislature are paid for each day or portion thereof engaged in the discharge of their interim duties,

            And,

            H. B. 4002, Relating to the computation of local share for public school support purposes,

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

            Com. Sub. for H. B. 4002 - “A Bill to repeal §11-1C-5b of the Code of West Virginia, 1931, as amended; to repeal §18-9A-2a of said code; and to amend and reenact §18-9A-2 and §18-9A-11 of said code, all relating to the computation of local share for public school support purposes; repealing, retrospectively to June 30, 2013, provisions requiring the use of assumed assessed real property values that are based upon an assessment ratio study instead of actual real property values for the purpose of the computation of local share for public school support purposes; repealing, retrospectively to June 30, 2013, provisions that require that the annual amount of local share for which a county board of education is responsible be increased where, during the prior year, the real property assessments in that county were not at least fifty-four percent of market value as indicated by the assessment ratio study; revising definitions; reducing the amount deducted as an allowance for usual losses in collections, due to discounts, exonerations, delinquencies and the like, for purposes of calculating local share; expressing legislative intent to continue the computation of local share for public school support based upon actual real property values rather assumed assessed real property values; expressing legislative intent that the annual amount of local share for which a county board of education is responsible continue to be computed without reference to whether the real property assessments in that county were at least fifty-four percent of market value in the prior year; and removing provisions requiring county school boards to provide funding for public libraries from local share,”

            With the recommendation that the committee substitutes each do pass.

Resolutions Introduced

            Delegates Shott, Gearheart, Ellington and Moore offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 43 - “Requesting the Division of Highways name the segment of U.S. Route 52 from the intersection of State Route 71, Lorton Lick Road, south through Bluewell, West Virginia, for 2.4 miles to the intersection of U.S. Route 52 and State Route 123, Airport Road, in Mercer County, the ‘Dr. William Prudich Memorial Highway’.”

            Whereas, William Prudich was born on February 12, 1927, in Prenter, Fayette County, West Virginia, the son of the late Anton Prudich and Katrina Albrecht Prudich, immigrants from Yugoslavia, the sixth of eight children, all of whom attended college and became professionals; and

            Whereas, After his schooling at Powellton Grade School, Montgomery Junior High and Montgomery High School, William Prudich attended West Virginia State College. However, his education was interrupted by his service in the U.S. Army, where he attained the rank of Master Sergeant while serving in Korea in the aftermath of World War II; and

            Whereas, Following his honorable discharge from the Army, William Prudich returned to West Virginia and completed his undergraduate degree at West Virginia University. Upon graduating, he was admitted to medical school at Indiana University where he attained a medical degree; and

            Whereas, After completing his residency at Akron Hospital in Akron, Ohio, Dr. William Prudich returned home and began his medical practice at Mullens Hospital in Wyoming County. It was there that he met his future wife, Phyllis Houck; and

            Whereas, At the urging of a friend, Dr. William Prudich moved “temporarily” to Montcalm, West Virginia, in 1955 to help treat coal miners and their families working at Crane Creek in McComas, West Virginia; and

            Whereas, Dr. William Prudich settled in Montcalm and married the love of his life, Phyllis, on September 8, 1956, and they immediately started a family; and

            Whereas, Unfortunately tragedy struck the life of Dr. William Prudich on November 17, 1967, when his beloved wife was killed in an automobile accident at the age of thirty-one, leaving him alone to raise five children ranging in age from 16 months to ten years of age. Dr. Prudich never remarried, and he made the raising of his children and his medical practice the purpose of his life; and

            Whereas, As a staunch supporter of education, Dr. William Prudich successfully fought for a new elementary and high school for Montcalm; and

            Whereas, Dr. William Prudich was actively involved in his community and was instrumental in starting the Rock District Improvement Corporation to help deal with issues of poverty and need in the area. He also began a community Christmas tree program and helped found the Montcalm Volunteer Fire Department, both of which continue to this day. Dr. Prudich was involved in numerous associations and those most important to him included the American Cancer Society, Bluefield Rescue Squad, Mercer County Medical Association, Montcalm PTA/PTO, Mercer County Schools Improvement Council, and the Bluewell Lions Club; and

            Whereas, Dr. William Prudich believed practicing medicine was a higher calling, and he always carried his doctor’s bag with him. He never turned anyone away and treated all of his patients, including those with no ability to pay, with dignity, respect and loving care; and

            Whereas, Remembered affectionately by those who knew him simply as “Doc”, Dr. William Prudich was a good and honorable man who taught by example and believed it was important to look out for your fellow man; and

            Whereas, It is fitting and proper, that Dr. William Prudich be remembered and acknowledged for his contributions to his community and dedicated service to his fellow man; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name that segment of U.S. Route 52 from the intersection of State Route 71, the Lorton Lick interchange, south through Bluewell, West Virginia, for three miles to the intersection of U.S. Route 52 and State Route 123, Airport Road, in Mercer County, the “Dr. William Prudich Memorial Highway”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs containing bold and prominent letters on both the north and south end of this section of U.S. Route 52 proclaiming the highway as the “Dr. William Prudich Memorial Highway”; 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 to the surviving family of Dr. William Prudich.

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

            H. C. R. 44 - “Requesting the Division of Highways to rename the Roderfield Box Beam Bridge, bridge number 24-52-12.79, crossing over Spice Creek in McDowell County, the ‘Carnie L. Spratt Memorial Bridge’.”

            Whereas, Carnie L. Spratt was born in May 1901, in Baileysville, West Virginia. He and his two brothers were in the logging business and when they secured a contract to log old Route 52 from Roderfield to Iaeger in the mid-1930’s they moved to Roderfield where he and his brothers purchased land and built homes for their families; and

            Whereas, Carnie L. Spratt and his brothers built the sawmill at Roderfield and their company’s name was Spratt Brothers Lumber Company. Carnie L. Spratt then branched out and built the Roderfield Gulf Service Station, the first motel in McDowell County and the Drive-in Grill Restaurant -- all were located at the intersection of State Route 7 and U. S. Route 52. Carnie L. Spratt and his businesses became well known and well liked in McDowell County; and

            Whereas, Carnie L. Spratt passed away in April 1981. It is fitting to honor Carnie L. Spratt for his commitment, dedication and the role he played in the development of McDowell County and the State of West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to rename the Roderfield Box Beam Bridge, bridge number 24-52-12.79 crossing over Spice Creek in McDowell County, the “Carnie L. Spratt 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 “Carnie L. Spratt 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 the family of Carnie L. Spratt.

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

            H. C. R. 45 - “Requesting the Division of Highways to name bridge number 22-3-7.00 on Route 3 which crosses the Mud River and is located 0.11 miles east of County Route 1 in Hamlin, Lincoln County, the ‘U.S. Army SFC Bob L. VandeLinde Bridge’.”

            Whereas, Bob VandeLinde was born on December 20, 1929, in Hamlin, West Virginia, the son of Dennie and Mabel VandeLinde; and

            Whereas, Bob VandeLinde graduated from Hamlin High School in 1947 and participated in baseball, basketball, football and boxing; and

            Whereas, At the age of 17, Bob VandeLinde entered Marshall College where he made the varsity football team, which played in the 1947 Tangerine Bowl; and

            W Whereas, Bob VandeLinde enlisted in the US Army in 1948 and took his basic training under the famed 82nd Airborne at Fort Bragg, North Carolina. SFC VandeLinde was awarded his Airborne and Glider Wings on April 1, 1949, at Fort Benning, Georgia, and was then assigned to Company K, 187th Airborne Infantry Regiment at Fort Campbell, Kentucky; and

            Whereas, SFC Bob VandeLinde’s regiment landed in Korea on September 25, 1950, three months after the start of the Korean War. While behind enemy lines, SFC VandeLinde made two combat jumps. The first jump was north of Pyongyang at Sukchon and Sunchon and their mission included recapturing American prisoners while engaging 6,000 enemy troops; and

            Whereas, SFC Bob VandeLinde was wounded on October 22, 1950, while serving with Company K, 3d Battalion, 187th Infantry Regiment, near Sukchon, Korea, while leading an eight-man forward outpost and protecting his company from a surprise attack. Some sixty years later, his actions on this night were recognized when SFC VandeLinde was awarded the prestigious Silver Star in a July 22, 2011 ceremony at the National D-day Memorial; and

            Whereas, SFC Bob VandeLinde made his second combat jump on March 23, 1951, at Munsan-ni, approximately 20 miles from Seoul. SFC VandeLinde’s company fought in many other battles including Bloody Inji, Hill 342-Wonju, and Punggi Pass, and he was wounded on two other occasions; and

            Whereas, SFC Bob VandeLinde distinguished himself on many occasions and is the recipient of many awards including the Purple Heart, Combat Infantry Badge, Korean Presidential Citation, Navy/Marine Citation, Korean Service Medal with four combat stars and one arrow head; Korean War Service Medal, Good Conduct Medal, United Nations Service Medal, National Defense Service Medal and Army of Occupation Medal; and

            Whereas, Upon his return from Korea in 1951, SFC Bob VandeLinde met Jean Ella Vickers. Bob and Ella Jean were married on March 6, 1952, and have two sons, Terry and Marvin, eight grandchildren and seven great-grandchildren; and

            Whereas, Bob VandeLinde is the author of three books on the military. The first, A Tribute to Lincoln County Veterans, covers Lincoln County Veterans from the Civil War to the Vietnam War, and the proceeds from the sale of this book were donated to assist Lincoln County band students. The second book, RESPECT: Forgotten Heroes, features the stories and experiences of forty individual Veterans. The third book, KOREA: Why Were We There? What Were We Fighting For? was partly autobiographical and written to help people realize the sacrifices that our service members made to bring freedom to South Korea; and

            Whereas, On August 12, 2011, Bob VandeLinde was declared “Warrior of the Day” by the Wounded Warriors organization. The following day, fifty-nine years after he last donned a parachute during the Korean War, Bob VandeLinde took to the skies as a guest of the Wounded Warriors and jumped out of an airplane in tandem with a US Navy SEAL; and

            Whereas, Bob VandeLinde is a proud American and veteran who enjoys speaking to service clubs, VFW’s, American Legions and schools about patriotism, military history and personal experiences; and

            Whereas, It is fitting and proper, that the courageous action and dedicated service of Army SFC Bob VandeLinde to his country be acknowledged; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 22-3-7.00 on Route 3 which crosses the Mud River and is located 0.11 miles east of County Route 1 in Hamlin, Lincoln County, the “U.S. Army SFC Bob VandeLinde 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 “U.S. Army SFC Bob VandeLinde 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 to Bob VandeLinde and his family.

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

            H. C. R. 46 - “Requesting the Division of Highways to name a stretch of road beginning at 20 Whitman Church and up Whitman Creek one mile in Logan County, ‘Ingram’s Way’.”

            Whereas, James and John Ingram of Logan County have the following accomplishments in the world of competitive archery: James Ingram – 2004 World Champion; 2004 World Record Holder of Highest Archery Score in competition; Placed in the top ten of the greatest archery competitors in the World Championships on three separate occasions; 10 State Championships–Louisiana (3 times), Arkansas (3 times), Missouri(2 times) and Texas and Tennessee. John Ingram – Air Force veteran; 2012 ASA 8th Place in World Championships; 2012 central Arkansas Bowhunter Shooter of the year 2012 Hoys State Champion; 2012 IAS Shooter of the Year; 2010 Hoyt State Champion; 2010 IAS Shooter of the Year; 2010 Arkansas 2nd Place ASA State Championship; 2005 T.H.E. 2nd Place World Championship; 1999 Missouri Red Head Indoor Pop Up State Champion 1999 ASAA State Champion; and

            Whereas, Their archery accomplishments and contributions to their county and state should not go unnoticed; and

            Whereas, Naming that stretch of road in Logan County, “Ingram’s Way” is an appropriate recognition of their contributions and accomplishments; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name that one mile stretch of road beginning at 20 Whitman Church and up Whitman Creek one mile in Logan County, “Ingram’s Way”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the one mile stretch of road up Whitman Creek as the “Ingram’s Way”; 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, James and John Ingram and the family of James and John Ingram.

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

            H. R. 7 - “Amending the rules of the House of Delegates, relating to requiring that a Jobs Impact Statement be attached to proposed legislation affecting employment or taxes in the state.”

            Resolved by the House of Delegates:

            That the Rules of the House of Delegates be amended by adding thereto a new rule as follows:

Jobs Impact Statement

            95c. Prior to consideration, by the House or by any of its committees, of a bill that increases or decreases the revenue or fiscal liability of individual citizens, employers, the state or any of its political subdivisions or in any manner changes or modifies an existing tax or rate of taxation or in any manner proposes to enact, amend or repeal a provision generally relating to employment within the state, the bill shall have attached to it a Jobs Impact Statement. The statement must conform to the requirements of form and content as prescribed by the Jobs Impact Statement Manual prepared and adopted by the Committee on Rules.

            When required, it is the responsibility of the member introducing the bill to obtain the Jobs Impact Statement.

            This rule does not prohibit consideration of a bill where, in the opinion of the chairman of the committee to which the bill has been referred or in the opinion of the Speaker, a reasonable amount of time has transpired between when a Jobs Impact Statement was requested and no statement, or an incomplete one, has been provided.

            The phrase “Jobs Impact Statement” or the initials “JS” must be clearly stamped or endorsed on the jackets of all bills that have statements attached to them.

            No act is void or voidable for noncompliance with this rule.

            This rule shall take effect on January 1, 2015.

Bills Introduced

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

By Delegates Barrett, Barill, Barker, Diserio, Lawrence, Manypenny, Marcum, D. Poling, Reynolds, Sponaugle and Young:

            H. B. 4283 - “A Bill to amend and reenact §21-5C-1 and §21-5C-2 of the Code of West Virginia, 1931, as amended, all relating to raising the minimum wage; and removing language exempting certain employers covered by federal minimum wage from definition of employer for state minimum wage purposes”; to the Committee on Industry and Labor then Finance.

By Delegates Perdue, Fleischauer, Barrett, Caputo, Sponaugle, Kinsey, Lawrence, Manchin, Skinner, Guthrie and Young:

            H. B. 4284 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11B-1, §5-11B-2, §5-11B-3 and §5-11B-4, all relating to requiring that reasonable accommodations be made for pregnant employees; defining terms; establishing what constitutes sex discrimination; establishing what is an undue hardship; and requiring written notification”; to the Committee on the Judiciary.

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

            H. B. 4285 - “A Bill to amend and reenact §22-26-1, §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto six new sections, designated §22-26-10, §22-26-11, §22-26-12, §22-26-13, §22-26-14 and §22-26-15, all relating to the Water Resources Protection and Management Act; making certain legislative findings regarding storage of fluids in aboveground storage tanks; defining certain terms; eliminating certain variance provision; requiring certain progress report from the secretary; requiring certain cooperating state agencies to continue funding levels for stream gaging network; requiring notification of inability to continue funding of stream gaging network; requiring certain information regarding private wells be submitted to the secretary; requiring secretary to provide annual update on implementation of State Water Resources Management Plan; adopting State Water Resources Management Plan; requiring the Department of Environmental Protection to report biennially to commission regarding implementation of plan and survey results; requiring large quantity users to submit certain report annually; requiring registration and inventory of certain aboveground storage tanks; making it unlawful to construct, maintain or use any aboveground storage tank without secretary’s authorization; requiring secretary to develop a regulatory program and providing guidelines for new and existing aboveground storage tanks; requiring inspections, monitoring and testing; providing for administrative orders and reconsideration by secretary; providing for civil penalties and injunctive relief; and authorizing rule making”; to the Committee on the Judiciary then Finance.

By Delegates Williams, Tomblin, R. Phillips, Eldridge, Hartman, Sponaugle, Walker, Pino, Craig, Miller and Anderson:

            H. B. 4286 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; creating the Captive Cervid Farming Act; setting forth powers and duties of the Department of Agriculture; authorizing rule-making; setting forth duties and obligation of the Commissioner of the Department of Agriculture; establishing an application process; permitting the issuance, renewal, modification and transfer of a license certificate; requiring the inspection of facilities; permitting the transition of current facilities; providing for noncompliance with article; and establishing remedies and criminal penalties”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Fleischauer, Marshall, Barill, Manypenny, Fragale, Campbell, Pasdon, Mr. Speaker, Mr. Miley, White, Pethtel and Tomblin:

            H. B. 4287 - “A Bill to amend and reenact §16-5O-2, §16-5O-3, §16-5O-5, §16-5O-6, §16-5O-7, §16-5O-8, §16-5O-10 and §16-5O-12, of the Code of West Virginia, 1931, as amended, relating to the performance of certain functions by approved medication assistive personnel”; to the Committee on Health and Human Resources.

By Delegates R. Phillips, A. Evans, Staggers, Boggs, Marcum, Eldridge, Sponaugle, White, Barker, Tomblin and L. Phillips:

            H. B. 4288 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-7-1; to amend and reenact §7-1-3 of said code; and to amend and reenact §8-12-5 of said code, all relating to providing for the uniform regulation of firearms, ammunition and firearm accessories by preempting state political subdivisions authority to regulate”; to the Committee on the Judiciary.

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

            H. B. 4289 - “A Bill to amend and reenact §30-3-16 and §30-3-16a of the Code of West Virginia, 1931, as amended, all relating to the licensure, supervision and regulation of physician assistants by the West Virginia Board of Medicine; defining term; providing for rule-making authority; setting forth licensing requirements; providing for a temporary license; providing for a practice agreement; setting out practice agreement requirements; setting forth requirements for a supervising physician; setting forth requirements for an alternate supervisory physician; providing for prescriptive authority for a physician assistants; setting limits on the number of fulltime physician assistants which may be supervised by a single supervisory physician; providing for emergency practice provisions, and providing for a summer camp license”; to the Committee on Health and Human Resources then Government Organization.

By Delegates Moore, Campbell, Azinger and Reynolds:

            H. B. 4290 - “A Bill to amend and reenact §32A-2-1, §32A-2-3, §32A-2-4, §32A-2-5, §32A-2-8, §32A-2-10, §32A-2-11, §32A-2-13, §32A-2-18, §32A-2-19, §32A-2-22 and §32A-2-27 of the Code of West Virginia, 1931, as amended, all relating to definitions for ‘commissioner’, ‘currency transmission’ and ‘money transmission’, providing an exemption from licensing for the State Regulatory Registry, LLC, providing that the authorized delegate of a licensee may only conduct business on behalf of the licensee and may not have sub-delegates, authorizing the commissioner to require use of the Nationwide Mortgage Licensing System and Registry for license applications and renewals, reducing the renewal fee for a delegate from $20 to $5, adding an assessment of $.001 for every dollar of transmission services provided in the prior year, raising the cap on fees to $25,000, correcting citations to federal regulations and laws, requiring that tangible net worth be required of licensees, eliminating the need for a delegate to be located in this state, amending the bond required of licensees by replacing the increase for each delegate location with the ability to increase the bond by one percent of the annual volume of business in this state exceeding $10 million while retaining the existing bond cap of $1 million, eliminating the ability to provide a cash deposit or pledge of securities in lieu of a surety bond while allowing for the continuation of any cash deposit or pledge in existence prior to April 1, 2014, eliminating the charge of $50 per hour of examination time, requiring a licensee to report to the commissioner any enforcement action taken against the licensee by another state or federal regulator and any change in the licencee’s business activities or principals, authorizing the commissioner to assess an administrative penalty of up to $5,000 for a violation of this article and providing that in the case of a continuing violation a penalty may be assessed for each day the violation continues and that any penalty imposed is subject to appeal and judicial review under chapter twenty-nine-a, article five of this code, authorizing the commissioner to issue a cease and desist order for any violation of federal law or regulation pertaining to the business of currency exchange, money transportation or transmission, or check cashing”; to the Committee on Banking and Insurance then Finance.

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

            H. B. 4291 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-11-22a, relating to civil penalties and civil administrative penalties for violations of the Water Pollution Control Act by coal mining operations”; to the Committee on Energy then the Judiciary.

By Delegates Perdue, Fleischauer and Guthrie:

            H. B. 4292 - “A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding a new article, designated §16-43-1 and §16-43-2 of said code; to amend and reenact §60-3A-17 of said code; and to amend and reenact §60-8-4 of said code, all relating to funding for substance abuse services through increased taxes on beer, wine and liquor; increasing the barrel tax on nonintoxicating beer; increasing the tax on purchases of liquor; increasing the liter tax; creating a Prevention, Intervention, Treatment and Recovery Fund to fund substance abuse programs”; to the Committee on Health and Human Resources then Finance.

By Delegates Eldridge, Wells, Craig, A. Evans, Hamilton, Paxton and White:

            H. B. 4293 - “A Bill to amend and reenact §20-2-64 of the Code of West Virginia, 1931, as amended, relating to regulating the importation and possession of certain injurious aquatic species”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Ashley, Westfall, Manchin, Hunt, Skinner, Ellem, McCuskey, Shott, Morgan, Craig and Lane:

            H. B. 4294 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §47-27-1, §47-27-2, §47-27-3 and §47-27-4, all relating to the establishment of standards for court reporters and entities that provide court reporting services; providing certain conduct by court reporters and persons utilizing court reporters; exempting certain reporters and reporting services; authorizing disclosure of certain information on certain practices; and creating civil penalties for violations”; to the Committee on the Judiciary.

By Delegates Faircloth, Kump and Folk:

            H. B. 4295 - “A Bill to amend and reenact §22-1-3a of the Code of West Virginia, 1931, as amended, relating to environmental rules making and enforcement; and requiring uniform enforcement of environmental rules against all affected entities”; to the Committee on the Judiciary.

By Delegates Pethtel, Barill, M. Poling, Perry, Barrett, Hamrick, Sumner, Tomblin and Westfall:

            H. B. 4296 - “A Bill to amend and reenact §18C-3-3 of the Code of West Virginia, 1931, as amended, relating to establishing the Health Sciences Service Program; continuing special revolving fund account and designating new name of fund; modifying fund expenditure provisions; modifying certain defined term; and expanding and modifying program eligibility”; to the Committee on Education then Finance.

By Delegates Perdue and Ellem:

            H. B. 4297 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §9-5-8b and §9-5-22; to amend and reenact §9-9-6 of said code; and to amend said code by adding thereto a new section, designated §61-4-9, all relating to the operation and oversight of certain benefit programs; granting certain subpoena power to the Investigations and Fraud Management Division to investigate welfare fraud; authorizing the Investigations and Fraud Management Division to request search warrants, swear to complaints and seek relevant orders from circuit court in certain situations; providing access to out-of-state documents in certain circumstances; prohibiting disclosure of persons under investigation by the Investigations and Fraud Management Division; opting out of a federal statute that would otherwise not allow a state resident who has been convicted of a felony involving a controlled substance from receiving certain benefits; requiring the Department of Health and Human Resources to seek a waiver of federal law to implement a prohibition on the purchase of certain items with certain benefits; requiring the Department of Health and Human Resources to seek a waiver of federal regulations to implement an incentive program for the purchase of certain fresh fruits, vegetables and meats; defining terms; creating misdemeanor and felony offenses for certain unlawful use of certain benefits or benefit access devices; stating certain presumptions and calculations permissible in prosecution of these offenses; and providing an alternative to confinement for individuals convicted of the offenses associated with unlawful use of certain benefits”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Manchin and Morgan:

            H. B. 4298 - “A Bill to amend and reenact §6B-2-1 of the Code of West Virginia, 1931, as amended, relating to changing the experience requirements of the composition of the members of the West Virginia Ethics Commission”; to the Committee on Government Organization then the Judiciary.

By Delegates Perdue, Fleischauer, Campbell, Diserio, Ellington, Kinsey, Poore, Miller, Moore, Morgan and Staggers:

            H. B. 4299 - “A Bill to amend and reenact §11-27-38 of the Code of West Virginia, 1931, as amended, relating generally to health care provider taxes; modifying the expiration date for tax rate on eligible acute care hospitals; changing the tax rate on eligible acute care hospitals; and providing for disbursement of any funds remaining in the Eligible Acute Care Provider Enhancement Account”; to the Committee on Health and Human Resources then Finance.

By Delegates Manypenny, Barrett, Sponaugle, Ferro and Walker:

            H. B. 4300 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10 and §15-14-11, all relating to creating a State Animal Abuse Registry; defining terms; creating a registry of all persons convicted of animal abuse; requiring all persons convicted of animal abuse to register; setting forth the information to be provided when registering; requiring a registrant to pay a fee; creating the Central Abuse Registry Fund; determining how the money in the fund will be used; requiring the registry information to be public; providing an exception from being required to register; setting forth duties of animal breeders, animal shelters and pet stores; and providing criminal penalties”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Eldridge, Wells, Craig, A. Evans, Hamilton, Paxton, White, Marcum, R. Phillips, Perry and Young:

            H. B. 4301 - “A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Skaff, Guthrie, Poore, Wells, Perry, Pasdon and Walters:

            H. B. 4302 - “A Bill to amend and reenact §18-9-2 of the Code of West Virginia, 1931, as amended, relating to elections for public school purposes; allowing use of county election officials to conduct the elections; and designating the county commission as the board of canvassers to canvass the returns of all elections for public school purposes”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Manypenny, Longstreth, Caputo, Diserio and D. Poling:

            H. B. 4303 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §21-3E-1, §21-3E-2, §21-3E-3, §21-3E-4 and §21-3E-5, all relating to creating the Oil and Gas Drilling Workplace Safety Act; providing a short title; providing for rule-making; setting forth minimum requirements for the rules; establishing the applicability of worker’s compensation and the potential loss of immunity; providing special requirements; requiring injuries to be reported; requiring quarterly reports and the reports to be public; and providing for monetary penalties”; to the Committee on Industry and Labor then the Judiciary.

By Delegates Wells, Guthrie, Skaff, Fleischauer, Skinner, Manypenny, Barill, R. Smith, Walters, Poore and McCuskey:

            H. B. 4304 - “A Bill to amend and reenact §17C-7-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-11-5 and §17C-11-7 of said code, all relating to overtaking a bicycle on a roadway; and eliminating the prohibition against bicycles on roadways when usable adjacent paths are available”; to the Committee on the Judiciary.

By Delegates Fragale, Iaquinta, Diserio and Jones:

            H. B. 4305 - “A Bill to amend and reenact §8-33-3 of the Code of West Virginia, 1931, as amended, relating to exempting municipalities with populations of less than five thousand from the requirement that no more than two thirds of the total number of members of a building commission board be from the same political party”; to the Committee on Political Subdivisions then Government Organization.

By Delegates White, Eldridge, L. Phillips, R. Phillips, O’Neal, Campbell and Cooper:

            H. B. 4306 - “A Bill to amend and reenact §20-2-23a of the Code of West Virginia, 1931, as amended, relating to discontinuing the moratorium on the issuance of commercial rafting licenses on a section of the New River”; to the Committee on Agriculture and Natural Resources then Government Organization.

By Delegates Campbell, Perry, Barill, M. Poling, Pasdon, Hamrick, Sponaugle, Hartman, Tomblin, Marcum and Storch:

            H. B. 4307 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-6c, relating to allowing elementary schools or parents of students at the school to serve sweets at the school once a year”; to the Committee on Health and Human Resources then Education.

By Delegates Folk, Hunt, Shott, Perry, Householder, Eldridge, Kump, Faircloth, Hartman, Butler and Cadle:

            H. B. 4308 - “A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to the Municipal Home Rule Pilot Program; providing that attempted enforcement of formerly valid firearms provisions nullified by the home rule pilot program is a misdemeanor; and providing fines for violations”; to the Committee on Government Organization then the Judiciary.

By Delegates R. Phillips, Hartman, Eldridge, Marcum, White, Barker, Tomblin, Craig, Sponaugle, Diserio and Moore:

            H. B. 4309 - “A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting a person to keep a loaded firearm in his or her motor vehicle upon the grounds of the State Capitol Complex if the vehicle is locked and the firearm is out of normal view”; to the Committee on the Judiciary.

By Delegates R. Phillips, Marcum, White, Barker, Tomblin, Craig, A. Evans, Ashley, Sponaugle, Smith, R. and Diserio:

            H. B. 4310 - “A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to making gun permits and applications confidential except for law enforcement purposes”; to the Committee on the Judiciary.

By Delegates Arvon, Cowles, Craig, Andes, McCuskey, Moye, Reynolds, Rowan, P. Smith, Sobonya and Border:

            H. B. 4311 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to preventing taxpayer subsidization of health insurance covering elective abortions; prohibiting all qualified health plans offered through a state exchange from including abortion coverage except to prevent the death of the mother; and preventing all other health plans, including health insurance contracts, plans or policies, offered outside of the exchange, but within the state, from providing coverage for elective abortions except by optional separate supplemental coverage for abortion”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Staggers and Lawrence:

            H. B. 4312 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-6c, relating to creating a certification for emergency medical technician-industrial; establishing the certification and recertification requirements; period of certification; restricting the practice of emergency medical technician-industrial; and clarifying that emergency medical technician-industrial takes the place of emergency medical technician-miner”; to the Committee on Industry and Labor then Government Organization.

By Delegates Perry, Campbell, Morgan and Ellem:

            H. B. 4313 - “A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the parole board; eligibility for parole; and the procedure for granting parole”; to the Committee on the Judiciary.

By Delegates Sponaugle, Iaquinta, Young, Tomblin, Lynch, Barrett, R. Phillips, Campbell, Hartman, Barker and Skaff:

            H. B. 4314 - “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 $500 credit for certain members of volunteer fire departments against state personal income tax”; to the Committee on Finance.

By Delegates Sponaugle and Hartman:

            H. B. 4315 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-4-5a, relating to assessment of real property; providing that real property considered agricultural or farming for five consecutive years is exempt from filing with the assessor; and when an owner of agricultural or farming property must file”; to the Committee on Agriculture and Natural Resources then the Judiciary.

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

            H. B. 4316 - “A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-5h, relating to creating the student data accessability, transparency and accountability act; providing definitions; state, district and school responsibilities for data inventory; providing for data governance officer and responsibilities; establishing parental rights to information and providing for policies on security and access; requiring state board rules; and establishing effect on existing data”; to the Committee on Education then the Judiciary.By Delegates Morgan, Stephens, Hartman, Kinsey, P. Smith, Caputo and Romine:

            H. B. 4317 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-10; and to amend said code by adding thereto a new section, designated §5A-3-14; and to amend and reenact §5A-3-1, §5A-3-3 and §5A-3-17 of said code, all relating to state procurement; requiring spending units and subdivisions to purchase commodities and services on a competitive basis; authorizing the Secretary of the Department of Administration to issue a notice to cease and desist when purchases are not made on a competitive basis; clarifying the purposes and policies of the Purchasing Division; clarifying the applicability of the article; authorizing the director of the Purchasing Division to issue a notice to cease and desist when purchases are not made on a competitive basis; requiring the Purchasing Division director to comply with federal law and authorized regulations when a procurement involves the expenditure of federal assistance or contract funds; requiring the Purchasing Division director to offer mandatory annual procurement training; and clarifying any person found to have willfully entered into a contract contrary to the article shall be subject to penalty”; to the Committee on Government Organization then the Judiciary.

By Delegates Fleischauer, Longstreth, Campbell, Pethtel, Barrett, Barill, Jones, Stephens, Iaquinta, Rowan and Ireland:

            H. B. 4318 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-1B-1, §30-1B-2, §30-1B-3, §30-1B-4 and §30-1B-5, all relating to continuing education of veterans mental health; establishing continuing education requirements for medical and mental health professionals to increase knowledge and recognition of mental health issues faced by veterans; providing legislative findings; defining terms; listing the professions addressed in this article; requiring legislative rules; and implementing processes for administering continuing education”; to the Committee on Veterans’ Affairs and Homeland Security then Government Organization.

By Delegates Reynolds, Barrett, Craig, Eldridge, Iaquinta, Pethtel, R. Phillips, Skaff, Sponaugle, White and Williams:

            H. B. 4319 - “A Bill to amend and reenact §12-1-12b of the Code of West Virginia, 1931, as amended; to amend and reenact §12-2-2 of said code; and to amend and reenact §12-3-1 of said code, all relating to the State Treasurer’s office; changing Cash Management Improvement Act reports from quarterly to annually; establishing standards and reviews for receipting of moneys for all spending units except the Department of Revenue; assisting spending units in developing and improving their internal controls for receipting moneys; authorizing the Treasurer to review internal control procedures for receipting moneys and to make revisions or suggestions; reviewing internal controls by auditors when auditing receipted moneys and ensuring copies of audits are submitted to the State Treasurer and Legislative Auditor; ensuring confidential information in internal control procedures is redacted before release; updating language that deposit information no longer needs to be manually forwarded since the Enterprise Resource System will automatically perform functions; adding the Board of Treasury Investments to the entities managing investments; clarifying when state checks are presumed stale and the process for dealing with stale checks; and requiring spending units to monitor checks issued on their behalf and to ensure stale checks with federal funds are properly reported”; to the Committee on Finance.

By Delegates Hamilton, A. Evans, Hartman, Campbell, R. Smith, Sponaugle, Walker, Hamrick, Ireland and Romine:

            H. B. 4320 - “A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-13V-4 of said code, all relating to removing the severance tax on timber”; to the Committee on Finance.

By Delegate Fragale:

            H. B. 4321 - “A Bill to amend and reenact §16-13A-9 of the Code of West Virginia, 1931, as amended, relating to public service districts; discontinuance of service; and requiring written notice to users from public service boards of delinquency and the date of termination”; to the Committee on Political Subdivisions then Government Organization.

By Delegates Eldridge, Campbell, Barker, Marcum, Tomblin, L. Phillips, Young, Barill, Diserio, Barrett and White:

            H. B. 4322 - “A Bill to amend the Code of West Virginia, 1931, as amended, adding thereto a new section, designated §29-22-30, relating to the establishment of the Retired Teachers Benefit Game; and the establishment of the State Teachers Retirement Lottery Fund”; to the Committee on Pensions and Retirement then Finance.

By Delegates Guthrie, Sponaugle, Poore, Caputo, Skinner, Perdue, Fragale, Young and D. Poling:

            H. B. 4323 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-12-1, §5A-12-2, §5A-12-3 and §5A-12-4, all relating to establishing requirements for prior review of all privatization proposals to insure that the public interest is being served when public sector jobs are outsourced to the private sector”; to the Committee on Industry and Labor then Finance.

By Delegates Folk, Kump, Hamrick, Romine, D. Evans, Staggers, Diserio, Faircloth, Householder, Shott and Ireland:

            H. B. 4324 - “A Bill to amend and reenact §8-29-4 of the Code of West Virginia, 1931, as amended, relating to regional airports; reducing the terms of members; altering membership; and calculating membership for each municipality”; to the Committee on Political Subdivisions then Government Organization.

By Delegates Eldridge, Barker, Marcum, L. Phillips, Young, Barill, Diserio, Barrett, Campbell, R. Phillips and White:

            H. B. 4325 - “A Bill to amend the Code of West Virginia, 1931, as amended, adding thereto a new section, designated §29-22-30, relating to the establishment of the State Parks Benefit Game; and the establishment of the State Parks Lottery Fund”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Campbell, Iaquinta, Hartman, Moye, Skaff, Sponaugle, Eldridge, Pethtel, R. Phillips and Reynolds:

            H. B. 4326 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-8i, relating to nursing education faculty; defining terms; creating a tax incentive from the personal income tax to encourage nurse faculty to remain in West Virginia; and assigning powers and duties to the State Tax Commissioner”; to the Committee on Education then Finance.

By Delegates Tomblin, R. Phillips, Sponaugle, Lynch, Skaff, Boggs, Caputo, Marcum, White, Manchin and Mr. Speaker, Mr. Miley:

            H. B. 4327 - “A Bill to amend and reenact §30-3A-3 of the Code of West Virginia, 1931, as amended, relating to the management of intractable pain act; providing a felony criminal penalty for a physician, nurse or pharmacist prescribing, administering, or dispensing a controlled substance in violation of this section; providing fines collected for violations only be used for substance abuse and rehabilitation facilities; and requiring indefinite mandatory loss of license”; to the Committee on the Judiciary then Finance.

By Delegate Perdue:

            H. B. 4328 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to the Public Service Commission requiring electric utilities to reimburse customers for expenses incurred resulting from outages caused by lack of appropriate line and easement maintenance”; to the Committee on the Judiciary.

By Delegates Reynolds and Craig:

            H. B. 4329 - “A Bill to amend and reenact §7-1-3 of the Code of West Virginia, 1931, as amended, relating to authorizing county commissions to regulate parking on roads, ways, streets, avenues, drives and the like where it is needed in unincorporated areas of the county”; to the Committee on Political Subdivisions then Government Organization.

By Delegate Shott:

            H. B. 4330 - “A Bill to amend and reenact §20-2-8 of the Code of West Virginia, 1931, as amended, relating to providing for the posting of unenclosed lands to prohibit hunting, trapping or fishing thereon by placing identifying paint marks on trees or posts at each road entrance and adjacent to public roadways and public waterways adjoining the property”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Frich, Butler, Cadle, R. Smith, Canterbury, Faircloth, Kump, Householder, Manypenny, Skinner and Sponaugle:

            H. B. 4331 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-1H-1 and §62-1H-2, all relating to location information of an electronic device; prohibiting a government entity from obtaining the location information of an electronic device without a search warrant issued; exceptions; admissibility of evidence obtained in violation of the prohibition; definitions; civil liability for obtaining location information in violation of the prohibition; and defenses to civil or criminal actions”; to the Committee on the Judiciary.

By Delegates Border, Anderson, Ellem, Azinger, Perdue, D. Poling, Staggers, Ellington, Cowles, Fleischauer and Lane:

            H. B. 4332 - “A Bill to amend and reenact §16-2D-5c of the Code of West Virginia, 1931, as amended, relating to extending the time that certain nonprofit community groups are exempt from the moratorium on creating new nursing home beds”; to the Committee on Health and Human Resources.

By Mr. Speaker, Mr. Miley and Delegate Armstead

            [By Request of the Executive]:

            H. B. 4333 - “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 Finance.

By Delegates Faircloth, Kump, Folk, Armstead, Lane, Gearheart, Hamrick and Householder:

            H. B. 4334 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, relating to creating tax credits for small business economic impact”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates L. Phillips, Campbell, Guthrie, Poore, Staggers, Moore, Perdue, M. Poling, Eldridge, Fleischauer and Marshall:

            H. B. 4335 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-19, relating to a child’s right to nurse; and making a statement by the Legislature that nursing in a public place is socially acceptable”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Marcum, White, M. Poling, Ferro, Pethtel, Perry, Moore, Reynolds, Caputo, Pino and Barrett:

            H. B. 4336 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-40, relating to state control of county schools; giving the State Board of Education no more than five years to improve any school or school system under its control; and requiring the State Board of Education to hold a public hearing if it seeks to take control of the school or school system within three years of control being relinquished”; to the Committee on Education.

Daily Calendar

Third Reading

            Com. Sub. for H. B. 2020, Relating to conditions of bond for defendants in cases of crimes between family or household members; 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. 14), and there were--yeas 89, nays 2, absent and not voting 9, with the nays and absent and not voting being as follows:

            Nays: Fleischauer and P. Smith.

            Absent and Not Voting: Ambler, Andes, Azinger, Cooper, Ellington, Longstreth, J. Nelson, Raines and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2020) passed.

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

            H. B. 2477, Permitting certain auxiliary lighting on motorcycles; 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. 15), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

            Absent and Not Voting: Ambler, Andes, Azinger, Cooper, Ellington, Longstreth, J. Nelson, Raines and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2477) passed.

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

Second ReadingH. B. 4006, Relating to the possession and distribution of child pornography; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4177, Making a supplementary appropriation to various agencies; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4182, Supplementing, amending, increasing, decreasing, and adding items of appropriations in various accounts; on second reading, coming up in regular order, was read a second time.

            Delegate Cowles offered the following amendment:

            On page six, section three, following line four, by inserting the following:

            “From the above appropriation for Medical Services (Fund 5185, Activity 0511) no funds shall be expended for abortion related expenses.”

            Unanimous consent having been obtained, Delegate Cowles modified the foregoing amendment by changing the activity number from “0511” to “189”.

            Delegate White arose to a point of order as to the germaneness of the amendment.

            To the point of order the Speaker replied, stating that the fundamental purpose of the amendment was to prohibit the use of certain funds from being used for abortions, and the fundamental purpose of the bill was to appropriate funds to various state agencies, etc., in order to supplement the current budget, and that the fundamental purpose of the amendment was not germane to the fundamental purpose of the bill.

            The bill was then ordered to engrossment and third reading.

First ReadingCom. Sub. for H. B. 2387, Relating to reasonable accommodations under the West Virginia Fair Housing Act for persons with disabilities who need assistive animals; on first reading, coming up in regular order, was read a first time and ordered to second reading.

            Com. Sub. for H. B. 4001, Creating the False Claims Act; on first reading, coming up in regular order, was on motion of Delegate White, recommitted to the Committee on the Judiciary.

            Com. Sub. for H. B. 4217, Relating to Medicaid; 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 Ambler, Andes, Azinger, Cooper, Ellington, Longstreth, J. Nelson, Raines and Storch.

            At 10:27 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, January 27, 2014.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****