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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Daily Calendar | Journal | Menu |

House Journal


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Eighty-first Legislature

Second Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Tuesday, January 28, 2014

TWENTY-FIRST DAY

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

 

 

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Timothy R. Miley, Speaker.

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

            The Clerk proceeded to read the Journal of Monday, January 27, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            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. 4278, Rewriting the procedure by which corporations may obtain authorization from the West Virginia Board of Medicine to practice medicine and surgery,

 

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4278) was referred to the Committee on the Judiciary.

Resolutions Introduced

            Delegates Arvon, Staggers, O’Neal, Moye, Sumner, Perry and Pino offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 52 - “Requesting the Division of Highways to name bridge number 41-1-24.51 on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the ‘Kenneth A. Chapman, Sr. Memorial Bridge’.”

            Whereas, Kenneth A. Chapman, Sr. was born September 17, 1956, a son of the late Clarence and Pearl Chapman; and

            Whereas, Kenneth A. Chapman, Sr. was raised on Maple Fork Road in Raleigh County along with his ten brothers and two sisters; and

            Whereas, Kenneth A. Chapman, Sr. was a third generation coal miner who followed his father and grandfather into the mines; and

            Whereas, Kenneth A. Chapman, Sr. was tragically killed on April 5, 2010, along with 28 other miners in the Upper Big Branch mine explosion; and

            Whereas, Kenneth A. Chapman, Sr. was a devoted family man who always had a smile on his face, and who enjoyed hunting, fishing and working in his garden; and

            Whereas, Kenneth A. Chapman, Sr. was preceded in death by three brothers, Billy, Robert, and Clarence Chapman, and two sisters-in-law, Carol Chapman and Joyce Chapman; and those left to cherish his loving memory include his wife, Laura Chapman; children by his first marriage, Donna Griffith and husband, Matthew, Vicky Williams and husband, Richard, Kenny Chapman, Jr. and wife, Deniese; a son by his second marriage, Michael Austin Chapman; his other children, Jason McMillion, Carol Massey, and Jubal McMillion and wife, Sarah; brothers and sisters, Charles Chapman and wife, Grace, Glen Chapman and wife, Judy, Dennis Chapman and wife, Gaye, Henry Chapman and wife, Theresia, Larry Chapman and wife, Betty, Linda Frye and husband, Ronnie, Breanda Bailey and husband, Glenn, Jimmy Chapman and wife, Brenda, Ronnie Chapman and wife, Lisa; and numerous grandchildren, nieces, nephews and extended family; and

            Whereas, Kenneth A. Chapman, Sr. not only loved his family, he loved his job because it was in his blood and he felt like he was making a contribution to "help keep the lights on" for all of us; and

            Whereas, It is only fitting that we name this bridge on Maple Fork Road to honor Kenneth A. Chapman, Sr., where he lived all his life and is now buried; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 41-1-24.51 on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the “Kenneth A. Chapman, Sr. Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Kenneth A. Chapman, Sr. Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to Kenneth A. Chapman's sister, Breanda Chapman Bailey, and family.

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

            H. C. R. 53 - “Requesting the bridge at the intersection of County Route 18, known as North Fork Road, and County Route 18/2, known as Ellis Fork Road, in Boone County, West Virginia, be named the ‘Julian, Earl and Edward Hill Brothers Memorial Bridge’.”

            Whereas, Julian, Earl and Edward Hill were brothers, three of ten children born to Edward and Annie Hill who farmed for a living in Boone County; and

            Whereas, Julian Hill was born on August 4, 1920 and worked at many different jobs until being drafted into the United States Army; and

            Whereas, Before joining the Army Julian Hill married Audrey Chapman and they had two children. When he was sent to Fort Worth, Texas for basic training, Audrey rode the train from Charleston to Texas taking along their two small children so they could be together prior to his departure overseas during World War II; and

            Whereas, After basic training, Julian Hill was sent to Germany where he refueled airplanes and later was sent into combat with General Patton where he refueled tanks and other vehicles. He often spoke of the obstacles placed by Hitler to keep the United States Armed Forces from pushing their way through Germany towards Berlin; and

            Whereas, Julian Hill returned from Germany on the USS Argentina in January 1946 and never talked of the fighting and what he had seen, but he suffered nightmares for many years after his return; and

            Whereas, After being discharged, Julian and Audrey Hill had a third child in 1949, and he became an over-the-road long haul truck driver, sometimes being gone for two full days at a time; and

            Whereas, Julian Hill had a truck accident which forced an early retirement from truck driving. He was placed on disability by his company, and Senator Robert C. Byrd was instrumental in seeing that he also received Social Security disability benefits; and

            Whereas, Julian and Audrey Hill divorced in 1959. Following a brief second marriage which also ended in divorce, he later married Betty Smith, a marriage that lasted for forty years until his death in December 2010 at the age of ninety after a fall in a nursing home; and

            Whereas, Julian Hill loved camping and gospel and country music. He and Betty spent many years camping in West Virginia, Virginia and South Carolina; and

            Whereas, Earl Hill enlisted in the United States Army on January 12, 1943 and was honorably discharged on June 11, 1943; and

            Whereas, Edward Hill was born on the Ellis Fork off the North Fork of Big Creek in Boone County on October 25, 1917; and

            Whereas, Edward Hill completed the eighth grade in 1933, joined the United States Army Air Corp, serving from September 8, 1942 until his honorable discharge on April 26, 1945; and

            Whereas, Following his basic training in Tampa, Florida, Edward Hill attained the rank of Private First Class in the 410th Army Air Force Base Unit and served as a Radio Operator, Area 4600 Underground Placement on Catalina Island, California and a Supply Clerk on St. Nicholas Island, California and received the Good Conduct Medal; and

            Whereas, In addition to being a farmer his entire life, Edward Hill was also a mail carrier for four years from Banco to Danville, and worked for Grocers Wholesale Company, later named The Creasey Company, from 1954 until his retirement in 1981; and

            Whereas, Edward Hill married Oma Lee Barker and they had six children, Gary A. Hill, Larry A. Hill, Judy K. Murphy, Jeanne C. Wagner, Eddy R. Hill and Lisa J. Black; and

            Whereas, It is fitting that an enduring memorial be established to commemorate these native sons who served their state and their country so ably during World War II; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge at the intersection of County Route 18, known as North Fork Road, and County Route 18/2, known as Ellis Fork Road, in Boone County, West Virginia, the “Julian, Earl and Edward Hill Brothers Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Julian, Earl and Edward Hill Brothers Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and the families of Julian Hill, Earl Hill and Edward Hill.

            Delegates Caputo, Longstreth and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 54 - “Requesting the Division of Highways to name bridge number 25-19-13.93, on Route 19 in Rivesville, crossing Paw Paw Creek in Marion County, the ‘Chief Denzil O. Lockard Memorial Bridge’.”

            Whereas, Chief Denzil O. Lockard served the Rivesville Police Department in Rivesville, West Virginia until his death in the line of duty on November 14, 1958; and

            Whereas, Chief Lockard was killed while directing traffic at an intersection, while a civic group hung a public service banner; and

            Whereas, Chief Lockard was survived by a wife and child; and

            Whereas, It is fitting and proper that Chief Lockard be honored for his service and sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 25-19-13.93, crossing Paw Paw Creek in Marion County, the “Chief Denzil O. Lockard 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 “Chief Denzil O. Lockard Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Secretary of the Department of Transportation and to Chief Denzil O. Lockard’s daughter, Deloris Lockard Thorn, and sister, Lee Jewel Lockard.

            Delegates Caputo, Longstreth and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 55 - “Requesting that bridge number 25-19-14.29 on Route 19 over Pharaoh Run Creek in Marion County, West Virginia, the ‘Alex Angelino Memorial Bridge’.”

            Whereas, Mr. Angelino was born on December 21, 1922, in Rivesville, West Virginia to Pietro and Teresa Brignolio Angelino. He had a younger sister Gloria and an older brother Delfino; and

            Whereas, Mr. Angelino attended Rivesville Grade School and graduated from Rivesville High School in 1943. He married Rose Mae Delarco on October 10, 1943 and they had two children, John and Ann; and

            Whereas, Mr. Angelino operated one of his family’s two businesses, Angelino’s Hardware, built in 1948; and

            Whereas, Mr. Angelino joined the Rivesville Volunteer Fire Department while attending high school. When the fire whistle blew, he would leave class to answer the call. He was a firefighter for twenty-four years for the town of Rivesville; and

            Whereas, On November 16, 1966, when his son John was twenty-one and a Marine fighting on the front lines of the Vietnam War and his daughter Ann was sixteen and a sophomore at Rivesville High School, the fire department, including Mr. Angelino, responded to a house fire two blocks from his home. While fighting the fire, Mr. Angelino suffered a massive heart attack and died at the age of forty-three; and

            Whereas, Were Mr. Angelino alive today he would have five grandchildren, ten great grandchildren and one great, great grandchild. It is a loss that is felt today as if it happened yesterday. The loss is felt by family, friends and the community; and

            Whereas, It is fitting that an enduring memorial be established to acknowledge this native son who meant so much to his family and community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 25-19-14.29 on Route 19 over Pharaoh Creek in Marion County, West Virginia, the “Alex Angelino Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Alex Angelino Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, Alex Angelino’s widow, Rose Angelino, his daughter, Ann Stottlemire and his son, John Angelino. 

            On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

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

            H. J. R. 103 - “Proposing an amendment to the Constitution of the State of West Virginia, amending Article III thereof, by adding thereto a new section, designated section 23 relating to the right to hunt and fish; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary.

Bills Introduced

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

By Delegates Skaff, Mr. Speaker, Mr. Miley, Hartman, Miller, Barrett, Walters, Guthrie, Lawrence, Fragale, Young and Ashley:

            H. B. 4343 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11, §5B-2I-12, §5B-2I-13, §5B-2I-14, §5B-2I-15, §5B-2I-16, §5B-2I-17, §5B-2I-18, §5B-2I-19, §5B-2I-20, §5B-2I-21, §5B-2I-22, §5B-2I-23, §5B-2I-24, §5B-2I-25, §5B-2I-26, §5B-2I-27, §5B-2I-28, §5B-2I-29, §5B-2I-30, §5B-2I-31, §5B-2I-32, §5B-2I-33, §5B-2I-34, §5B-2I-35, §5B-2I-36, §5B-2I-37, §5B-2I-38, §5B-2I-39, §5B-2I-40 and §5B-2I-41; to amend said code by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11-6L-7; and to amend said code by adding thereto a new article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16, §11-21A-17 and §11-21A-18, all relating generally to economic development and job creation; creating the West Virginia Project Launchpad Act; providing short title; providing legislative purpose and finding; defining certain terms; providing criteria for establishment of West Virginia project launchpads by Governor; allowing county commissions and county councils to apply for launchpad designations; providing for form and content of applications; specifying process for review of applications and criteria for designating geographic areas as launchpads and for expansion and decertification of launchpads; providing economic benefits for businesses locating or expanding in launchpads including state and local tax relief and other economic benefits; prohibiting qualified businesses in a launchpad from employing illegal aliens, engaging in illegal activity or being delinquent in payment of state and local taxes; permitting transfer of economic benefits to successor businesses; requiring qualified business to comply with applicable zoning laws and state and local building and other codes; providing for recapture of taxes and other economic benefits under specified circumstances; promulgation of rules; imposing civil and criminal penalties for noncompliance; providing rules of application and construction; requiring periodic reports to Governor and Legislature; providing for severability and expiration; providing a special method for appraising property in launchpad for economic development; providing short title; defining certain terms; providing method of valuation of launchpad property; providing for initial determination of value by assessor and for protest and appeals; requiring periodic reports to Governor and Legislature and specifying effective dates; creating the Promoting West Virginia Employment Act; providing short title and scope of article; defining certain terms; providing qualification for benefits; specifying benefits upon application and review; specifying annual cap on benefits; providing for recapture of benefits; providing for administration and enforcement of article including issuance of regulations; requiring periodic reports to Governor and Legislature; and specifying effective dates”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates Fleischauer, Poore, Guthrie, Perdue, Barrett, Skinner, Sobonya, Barker, Diserio, Hunt and Young:

            H. B. 4344 - “A Bill to amend and reenact §61-2-17 of the Code of West Virginia, 1931, as amended, relating to crimes against the person; human trafficking; definitions; forfeiture procedure; and criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Pethtel, Jones, Canterbury, Kump, Craig, Lynch and Ellem

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 4345 - “A Bill to amend and reenact §15-2A-2, §15-2A-5 and §15-2A-11a of the Code of West Virginia, 1931, as amended, all relating to the West Virginia State Police Retirement System; providing definitions; removing the requirement to set the employer contribution rate by legislative rule; requiring that a disability retirant’s annuity be terminated when the board determines that the recipient has engaged in substantial gainful activity; requiring that a partially disabled retirant’s annuity be terminated when they become employed as a law-enforcement officer; and providing for reapplication of disability retirement within ninety days of effective termination; clarifying that application for regular retirement benefits may be made by those terminated upon meeting eligibility requirements”; to the Committee on Pensions and Retirement then Finance.

By Delegates R. Phillips, Caputo, Andes, Craig, Sumner, Pethtel, Marcum, Lynch, Tomblin, Eldridge and Barker:

            H. B. 4346 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-20, relating to establishing separate standards of performance for carbon dioxide emissions from existing coal-fired electric generating units; and establishing separate standards of performance for natural gas-fired electric generating units”; to the Committee on Energy then the Judiciary.

By Delegates Shott, Sponaugle, Sobonya, Manchin, Lane, Poore and Pino:

            H. B. 4347 - “A Bill to amend and reenact §38-2-21 and §38-2-34 of the Code of West Virginia, 1931, as amended, all relating to affirmative defenses against mechanics’ liens”; to the Committee on the Judiciary.

By Delegates Fleischauer, Ellem, Guthrie, Shott, Skaff, Storch, Barill, Ferro, Skinner and Ireland:

            H. B. 4348 - “A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to imposing additional fees in the circuit courts of the state to be dedicated to the support of civil legal services for low-income persons”; to the Committee on the Judiciary then Finance.

By Delegates Pethtel, Jones, Canterbury, Kump, Craig, Lynch and Ellem

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 4349 - “A Bill to amend and reenact §5-10-27 of the Code of West Virginia,1931, as amended; to amend and reenact §7-14D-20 and §7-14D-21 of said code; to amend and reenact §8-22A-22 and §8-22A-23 of said code; to amend and reenact §15-2-33 of said code; to amend and reenact §15-2A-12 of said code; and to amend and reenact §16-5V-25 and §16-5V-26 of said code, all relating to retirement burial and scholarship benefits awarded on behalf of deceased uniformed service officers as it relates to the distribution of marital property under a Qualified Domestic Relations Order”; to the Committee on Pensions and Retirement then the Judiciary.

By Delegates Fleischauer, Ferro, Longstreth, Iaquinta, Barill, Paxton, Rowan, Eldridge, L. Phillips, Reynolds and Jones:

            H. B. 4350 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1G-10, relating to providing for the awarding of a West Virginia Veterans Medal and ribbon, and a West Virginia Service Cross and ribbon to certain qualifying West Virginia Veterans; and rules”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

By Delegates Guthrie, Campbell, L. Phillips, Poore, Young, Skinner, Sponaugle, Craig, Fragale, Skaff and Caputo:

            H. B. 4351 - “A Bill to amend and reenact §11-10-5s of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §11-10F-1, §11-10F-2, §11-10F-3, §11-10F-4, §11-10F-5, §11-10F-6, §11-10F-7, §11-10F-8, §11-10F-9, §11-10F-10 and §11-10F-11, all relating to creating a review process for tax expenditures; defining terms related to tax expenditures; addressing the expiration of current and future tax expenditures; creating rules for implementing tax expenditures; creating rules for renewing tax expenditures; creating a process for appraising tax expenditures; requiring the Governor to provide an annual report on tax expenditures; creating the Tax Expenditure Sunset Review Committee; setting up a process for committee hearings; requiring an annual committee report; and providing procedures for reviewing tax expenditures”; to the Committee on Finance.

By Delegates Guthrie, Walker, L. Phillips, Poore, Sponaugle, Craig, Fragale, Skaff and Caputo:

            H. B. 4352 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all relating to requiring entities that receive public moneys for the purpose of economic development to file an annual report to the West Virginia Economic Development Office providing data to insure that public moneys are being utilized to provide jobs and other economic benefit; filing fee required; report data considered public records; and recapture of moneys upon noncompliance”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates D. Poling, Ferro, Guthrie, Storch, Moye, Swartzmiller, Jones, Young, Marshall and Diserio:

            H. B. 4353 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to requiring onsite employees at certain public and private construction projects to complete an Occupational Safety and Health Administration (OSHA) approved 10-hour construction safety program prior to beginning work; providing criminal penalties; and providing exemptions”; to the Committee on Industry and Labor then the Judiciary.By Delegates Fleischauer, Manypenny, Perdue, Ellem, Longstreth, Marshall, Miller, Guthrie and Lane:

            H. B. 4354 - “A Bill to amend and reenact §6B-3-1 and §6B-3-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §6B-3-4a, all relating to requiring the reporting and publication of all compensation, including contingent compensation, paid to lobbyists for all lobbying activities; requiring lobbying principals to submit certain reports; providing penalties; and defining terms, including ‘lobbying principal’ and redefining ‘lobbying activity’”; to the Committee on the Judiciary.

By Delegate Manypenny:

            H. B. 4355 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-16-1 and §21-16-2, relating to prohibiting an employer from inquiring whether an applicant for employment has been convicted of a criminal offense; and providing that a civil penalty be assess against any employer who commits that unlawful act”; to the Committee on the Judiciary.

By Delegates Manypenny and Guthrie:

            H. B. 4356 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to creating a West Virginia personal income tax modification reducing federal adjusted gross income for persons who choose to spay or neuter their dogs or cats”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Campbell, Hartman, Eldridge, Guthrie, Sponaugle, Ashley, Skaff, Walker, Moye and Stephens:

            H. B. 4357 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-5e, relating to requiring the construction of new public buildings and when an entrance of an existing public building is renovated to be compliant with the federal Americans With Disabilities Act by having automatic doors; and defining a term”; to the Committee on the Judiciary then Finance.

By Delegates Ellington, Armstead, Butler, Cowles, Frich, Gearheart, Householder, Howell, Shott and Sobonya:

            H. B. 4358 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29A-3-16a, relating to legislative rule-making; and requiring an agency to review rules every four years and, when necessary, provide revisions and reports of changes”; to the Committee on the Judiciary.

By Delegate Guthrie

            [By Request of the Insurance Commission]:

            H. B. 4359 - “A Bill to amend and reenact §33-37-2 of the Code of West Virginia, 1931, as amended, relating to licensure of managing general agents of insurers; removing unnecessary language; providing for retroactive renewal of lapsed licenses; establishing license application and renewal fees; extending period of some initial licenses; and clarifying that the appointment of the Secretary of State to receive process applies to administrative actions and actions involving license applications”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Guthrie, L. Phillips, Poore, Sponaugle, Young, Skinner, Fragale, Skaff and Caputo:

            H. B. 4360 - “A Bill to amend and reenact §46A-2-122 and §46A-2-128 of the Code of West Virginia, 1931, as amended, all relating to consumer credit protection; defining ‘zombie debt’; prohibiting the collection or attempt to collect a debt that has been written off by the original owner of the debt and for which the statue of limitations has passed; and liability and penalties”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Butler, Howell, Hamrick, Arvon, O’Neal, Sumner, Longstreth, Cadle, Armstead, Ellington and Paxton:

            H. B. 4361 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-4a, relating to allowing members of the Legislature who are away serving in the Armed Forces to participate and vote via electronic teleconferencing; and defining electronic teleconferencing”; to the Committee on Government Organization then the Judiciary.

By Delegates Manypenny, Wells, Guthrie and Perdue:

            H. B. 4362 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-16, relating to prohibiting smoking in a motor vehicle when a child is present”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Perdue, Ferro, Diserio and Poore:

            H. B. 4363 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-1A-12, relating to creating an informal dispute resolution process available to behavioral health providers licensed by the Department of Health and Human Resources for orders or citations of deficient practice; and providing that the informal dispute resolution process does not affect the ability of a licensee to seek administrative and judicial review of an order or citation of deficient practice”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Pethtel, Jones, Canterbury, Kump, Craig, Lynch and Ellem

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 4364 - “A Bill to amend and reenact §5-10-2, §5-10-31 and §5-10-48 of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Retirement System; defining compensation and employee in this article; removing the requirement to set employer contribution rate by legislative rule; and allowing employee and employer retirement contributions to be credited to the participating public employer when a retirant is reemployed for less than one year”; to the Committee on Pensions and Retirement then Finance.

By Delegates Pethtel, Jones, Canterbury, Kump, Craig, Lynch and Ellem

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 4365 - “A Bill to amend and reenact §18-7A-14, §18-7A-17, §18-7A-18 and §18-7A-18a of the Code of West Virginia, 1931, as amended, all relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board; providing procedure for contributions by members and employers; requiring payment of compounded interest by members of the Public Employees Retirement System when granting service credit in the Teachers Retirement System; closing the Teachers Employers Contribution Collection Account on or before June 30, 2014 and transferring any balance of employer contributions to the Teachers Retirement System Fund; depositing employer contributions through state appropriations to the Teachers Retirement System Fund beginning July 1, 2014; and directing additional funds from the Employers Contribution Collection Account to the Teachers Retirement System Fund”; to the Committee on Pensions and Retirement then Finance.

By Delegates Pethtel, Jones, Canterbury, Kump, Craig, Lynch and Ellem

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 4366 - “A Bill to amend and reenact §5-13-2 and §5-13-4 of the Code of West Virginia, 1931, as amended, all relating to the Teachers’ Retirement System annuity calculation for reciprocal service credit; and defining Teachers Final Average Salary; and providing procedure for annuity calculation for reciprocal service”; to the Committee on Pensions and Retirement then Finance.

Daily Calendar

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; 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. 19), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Gearheart.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2387) 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. 4182, Supplementing, amending, increasing, decreasing, and adding items of appropriations in various accounts; on third reading, coming up in regular order, having been previously read a third time on yesterday, was reported by the Clerk.

            The Speaker stated that when the House adjourned on yesterday, a matter had been brought before the House by Delegate Armstead, and the House had subsequently adjourned without a resolution to the pending matter.

            The Speaker further stated that, although Delegate Armstead had raised a point of order as to H. B. 4182, there was no breach of parliamentary rules, precedent or procedure, and therefore, he would treat the matter as a parliamentary inquiry rather than as a point of order.

            Continuing with his remarks, the Speaker added that although a concern had been raised as to the constitutionality of the makeup of the bill, it was for the House, by its own vote, to decide the fate of the bill, or, ultimately for a court of competent jurisdiction to examine and make a determination as to the matter.

            The Speaker stated the question was on the passage of the bill.

            Delegate Ellington requested to be excused from voting on the passage of H. B. 4182 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            Delegate Butler was recognized and was making remarks as to the bill and the ancillary questions, and Delegate Caputo arose to a point of order as to the remarks not being confined to the question before the House.

            To the point of order the Speaker replied, stating that in his opinion Delegate Butler was within the limits of relevant debate on the bill, and advised that Delegate Butler could continue with his remarks.

            Debate having concluded, the Speaker propounded then propounded “Shall the bill pass?”

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 20), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Butler, Gearheart, Howell and Lane.

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

            So, a majority of the members elected to the House having voted in the affirmative, the Speaker declared the bill (H. B. 4182) passed.

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

            On this question, the yeas and nays were taken (Roll No. 21), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Butler, Gearheart, Howell and Overington.

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

            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.

            Com. Sub. for H. B. 4217, Relating to Medicaid reports to the Legislature; 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. 22), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4217) passed.

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

Second ReadingS. B. 346, Making supplementary appropriation from Lottery Net Profits to DNR and Bureau of Senior Services; on second reading, coming up in regular order, was read a second time and ordered to third reading.

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

            Com. Sub. for H. B. 2966, Relating to employment and privacy protection; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4002, Relating to the computation of local share for public school support purposes; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate White, and by unanimous consent, the bill was advanced to third reading with an amendment pending, and the rule was suspended to permit the offering and consideration of the amendment on that reading.

            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; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Ellington, the bill was amended on page eight, section 209a, line ten, by striking out the words “natural mother” and inserting in lieu thereof the words “parent/victim”.             The bill was then ordered to engrossment and third reading.

Leaves of Absence

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

            Delegate Craig addressed the House regarding the production and availability of electricity, coal, oil and gas, and at the conclusion thereof, Delegate R. Smith asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

            At 12:20 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 29, 2014.

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