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House Journal


Day 01 (01-08-2014)
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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

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__________*__________



 

Monday, January 27, 2014

TWENTIETH DAY

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

 

 

            The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Timothy R. Miley, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Friday, January 24, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 4210, Juvenile sentencing reform,

            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. 4210) was referred to the Committee on Finance.

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 

            Com. Sub. for S. B. 58 - “A Bill to amend and reenact §48-3-103 and §48-3-105 of the Code of West Virginia, 1931, as amended, all relating to domestic relations law generally; clarifying that conviction of an offense punishable by incarceration for more than one year prior to the marriage and without the knowledge of the other party constitutes a basis for voiding a marriage; clarifying that a party to a marriage who was unaware at the time of the marriage that his or her spouse had previously been convicted of an offense punishable by incarceration for more than one year may not institute an annulment action if he or she cohabited with that spouse after becoming aware of the conviction; clarifying grounds for voiding marriages; and modifying and removing certain language related to voiding of marriages”; 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. 350 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-11, relating to the Rural Rehabilitation Loan Program; requiring annual reporting; and authorizing rulemaking”; which was referred to the Committee on the Judiciary then Finance.

Resolutions Introduced

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

            H. C. R. 47 - “Requesting the Division of Highways to name bridge number 24-7/13-0.02, crossing Tug Fork on Route 7 in Marytown, McDowell County, as the ‘Army SFC Michael Joe “Joey” Marushia Memorial Bridge’.”

            Whereas, SFC Marushia was born September 19, 1971, and was a native of Twin Branch, McDowell County, West Virginia; and

            Whereas, SFC Marushia was the son of Richard and Charlotte Marushia, the brother of Ricky, Kim, Tina, Lisa and Misty, and the father of daughters Kelli and Josie Michelle; and

            Whereas, SFC Marushia graduated from Mount View High School in 1990, and signed up for the National Guard on his nineteenth birthday; and

            Whereas, During a tour each in Afghanistan and Iraq, SFC Marushia was highly decorated, including earning the Afghanistan Campaign Medal with Campaign Star, the Iraq Campaign Medal with two Campaign Stars, the NATO Afghanistan Service Medal, the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Noncommissioned Officer Development Ribbon, the Overseas Service Ribbon and the Armed Forces Reserve Medal; and

            Whereas, It is fitting to honor SFC Marushia’s life and service by naming the bridge crossing the Tug Fork at Marytown after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name bridge number 24-7/13-0.02, crossing Tug Fork on Route 7 in Marytown, McDowell County, as the “Army SFC Michael Joe “Joey” Marushia Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Army SFC Michael Joe “Joey” Marushia 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 SFC Marushia’s surviving relatives.

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

            H. C. R. 48 - “Requesting the Division of Highways to name bridge number 24-80-11.10 on Route 80 within the city limits of Iaeger near the Auvil railroad yard in McDowell County, the ‘Corporal Tracy Thurman Walls Memorial Bridge’.”

            Whereas, Tracy Thurman Walls was born December 1, 1947 in McDowell County, the son of Charles Hughes Walls and Mary Elizabeth Short Walls, both deceased. He graduated from Iaeger High School in 1966 and shortly thereafter enlisted in the U. S. Army. He was a member of D Troop, 3d Squadron, 5th Cavalry (Air Calvary) whose nickname was the “Dough Boys.” He was killed in action on April 22, 1968 in Long An Province, Vietnam by small arms fire in an ambush along with five other “Dough Boys”. The after action report indicates that they were engaged in heavy automatic weapons fire from approximately eight locations and from light automatic weapons fire from approximately twenty locations. The battle lasted over eight hours until aerial and artillery support helped drive off the enemy force. Corporal Tracy Thurman Walls received, posthumously, a Purple Heart and a Bronze Star; and

            Whereas, Corporal Tracy Thurman Walls made the ultimate sacrifice for his country and in doing so represented Iaeger, McDowell County, West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed, naming the bridge in McDowell County is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 24-80-11.10 on Route 80 within the city limits of Iaeger near the Auvil railroad yard in McDowell County, the "Corporal Tracy Thurman Walls Memorial Bridge"; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying bridge number 24-80-11.10 on Route 80 within the city limits of Iaeger near the Auvil railroad yard in McDowell County, the "Corporal Tracy Thurman Walls 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 surviving family members of Corporal Tracy Thurman Walls: brothers William Edward Walls, Vaughan Sherman Walls, Sampy Hughs Walls and half-brother, Arthur Dellmore Short.

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

            H. C. R. 49 - “Requesting that the 0.2 mile of roadway beginning at the Crawley Creek exit off Route 119/27 at Chapmanville in Logan County, West Virginia, and ending at Route 3 be named the ‘Army PFC Lilborn Dillon Memorial Road’.”

            Whereas, PFC Dillon was born on April 8, 1917 in Dingess; and

            Whereas, PFC Dillon enlisted in the United States Army on September 25, 1943 and served as a heavy machine gunner during the Second World War in France; and

            Whereas, PFC Dillon was awarded a Campaign Ribbon With One Bronze Star, the Combat Infantry Badge and a Purple Heart after being wounded on October 7, 1944; and

            Whereas, PFC Dillon was honorably discharged on June 18, 1945; and

            Whereas, It is fitting that an enduring memorial be established to commemorate this native son who so honorably served his state and his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the 0.2 mile of roadway beginning at the Crawley Creek exit off Route 119/27 at Chapmanville in Logan County, West Virginia, and ending at Route 3, the “Army PFC Lilborn Dillon Memorial Road”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the highway containing bold and prominent letters proclaiming the highway the “Army PFC Lilborn Dillon Memorial Road”; and, be it

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

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

            H. C. R. 50 - “Requesting the Division of Highways name Lee Chapman Road off Trace Creek Road in Milton, Cabell County, as the ‘Fleming Drive’.”

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways name Lee Chapman Road off Trace Creek Road in Milton, Cabell County, as the “Fleming Drive”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as “Fleming Drive”; 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.

            Delegates Howell, Mr. Speaker Mr. Miley, Andes, Azinger, Barill, Barker, Boggs, Butler, Campbell, Canterbury, Craig, Diserio, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferro, Folk, Fragale, Frich, Guthrie, Hamilton, Hamrick, Iaquinta, Ireland, Kinsey, Kump, Lane, Longstreth, Lynch, Manypenny, Marcum, Marshall, McCuskey, Miller, Moore, Moye, E. Nelson, O’Neal, Overington, Pasdon, Perdue, D. Poling, Poore, Reynolds, Romine, Rowan, Shott, Skaff, Skinner, Sobonya, Sponaugle, Staggers, Walker, Wells, Westfall, White, Williams and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 51 - “Requesting the Joint Committee on Government and Finance study the need for interconnectivity and other improvements in West Virginia’s water distribution systems.”

            Whereas, Clean water is essential for the well being of the citizens of West Virginia; and

            Whereas, Sufficient quantities of clean water are necessary for the citizens of West Virginia and West Virginia’s economy; and

            Whereas, Situations occur that challenge the normal operations of West Virginia’s water distribution infrastructure; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance study the need for interconnectivity and other improvements in West Virginia’s water distribution systems; and, be it

            Further Resolved, That The study evaluate the existing water transmission infrastructure in West Virginia and how the infrastructure can be optimized so that water diversions and transfers can be accomplished to:

            (1) Avert and mitigate drought related water supply emergencies;

            (2) Mitigate the water supply problems during water supply emergencies due to catastrophic loss; and

            (3) Optimize current water distribution under normal operations; and, be it

            Further Resolved, That the committee study the need for alternative intake locations for water systems; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

            Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Bills Introduced

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

By Delegates Eldridge, Campbell, Guthrie, Poore, Marshall, Barker, L. Phillips, Skaff, White, Longstreth and Barill:

            H. B. 4337 - “A Bill to amend and reenact §61-2-9 and §61-2-28 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8B-1 and §61-8B-3 of said code, all relating to crimes against the person; and providing that an act of domestic violence or sexual offense by strangling is an aggravated felony offense; and providing criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Perry, M. Poling, Morgan, Campbell, Ellem, Boggs and Pino:

            H. B. 4338 - “A Bill to amend and reenact §31-20-5h of the Code of West Virginia, 1931, as amended, relating to programs for inmates committed to prison; requiring programs offered in a regional jail to be the same as those offered in a Division of Corrections facility”; to the Committee on the Judiciary then Finance.

By Delegates Campbell, Hartman, Sponaugle, Manchin, White and Hamilton:

            H. B. 4339 - “A Bill to amend and reenact §22-16-11 and §22-16-12 of the Code of West Virginia, 1931, as amended, all relating to ensuring that moneys from the Solid Waste Authority Closure Cost Assistance Fund are available to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill”; to the Committee on the Judiciary then Finance.

By Delegates Ireland, Romine, Kump, Lynch, Walker, M. Poling, Anderson, Border, Williams, Ambler and E. Nelson:

            H. B. 4340 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to providing an exception to certain provisions of the West Virginia Ethics Act for elected Conservation District Supervisors who participate in the West Virginia Conservation Agency Agricultural Enhancement Program”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Campbell, L. Phillips, Sumner, Diserio, Moye, Staggers, Hamilton, Moore and Perry:

            H. B. 4341 - “A Bill to amend and reenact §24D-1-14 and §21D-1-22 of the Code of West Virginia, 1931, as amended, all relating to cable television; requiring all cable providers operating within West Virginia to provide West Virginia Public Television”; to the Committee on Government Organization then the Judiciary.

By Delegates Campbell, Marcum, D. Poling, Fleischauer, Skaff, Eldridge, Diserio, Moore, L. Phillips and Staggers:

            H. B. 4342 - “A Bill to amend and reenact §30-7-15a, §30-7-15b and §30-7-15c of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-15-7, §30-15-7a, §30-15-7b and §30-15-7c of said code; and to amend said code by adding thereto a new section, designated §30-7-15d, all relating to expanding prescriptive authority of advanced practice registered nurses and certified nurse-midwives; permitting advanced practice registered nurses to prescribe an annual supply of controlled substances; permitting the signature of an advanced practice registered nurse to have the same force and effect as that of a physician insofar as patient care documentation is concerned; removing the requirement for collaborative relationships with physicians; removing certain notifications; removing the minimum requirements for certain legislative rules; and permitting certain fees to be set by rule”; to the Committee on Health and Human Resources then Government Organization.

Daily Calendar

Third Reading

            H. B. 4006, Relating to the possession and distribution of child pornography; 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. 16), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Ambler, Barill and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4006) 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. 4177, Making a supplementary appropriation to various agencies; 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. 17), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Ambler, Barill and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4177) passed.

            Delegate White moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 18), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Ambler, Barill and J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4182) takes effect from its passage.

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

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

            At the request of Delegate White, and by unanimous consent, the bill was laid over.

Second ReadingThe 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. 2387, Relating to reasonable accommodations under the West Virginia Fair Housing Act for persons with disabilities who need assistive animals,

            And,

            Com. Sub. for H. B. 4217, Relating to Medicaid.

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

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

            Com. Sub. for H. B. 2954, Requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature,

            Com. Sub. for H. B. 2966, Relating to employment and privacy protection,

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

            And,

            Com. Sub. for 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.

Leaves of Absence

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

Remarks by Members

            Delegate Lawrence addressed the House regarding the recent water crisis and her subsequent illness, and at the conclusion of her remarks, Delegate L. Phillips asked and obtained unanimous consent that they be printed in the Appendix to the Journal.

            At 1:42 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 28, 2014.

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