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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, February 4, 2014

TWENTY-EIGHTH 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, February 3, 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. 4010, Creating the Uniform Real Property Electronic Recording Act,

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

            Com. Sub. for H. B. 4010 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7, all relating to creating the Uniform Real Property Electronic Recording Act; providing short title; defining terms; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring any county clerk implementing the provisions of the act to comply with established standards; authorizing county clerks to receive, index, store, archive and transmit electronic documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to convert paper documents accepted for recording into electronic documents; authorizing county clerks to collect electronically any tax or fee relating to electronic recording of real property documents they are authorized by law to collect; authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents; creating the Real Property Electronic Recording Standards Committee to develop the standards necessary to electronically record real property documents; authorizing the Commissioner of Highways to promulgate a legislative rule; providing for a report and recommendations to the Legislature; providing that members of the Real Property Electronic Recording Standards Committee pay their own expenses; setting forth areas for consideration when adopting or changing standards; providing for uniformity of application and construction of the act; and providing that this act modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act,”

            And,

            H. B. 4220, Requiring all written agreements in which an individual waives his or her right to a jury trial on certain claims involving a death be a separate document,

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

            Com. Sub. for H. B. 4220 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to requirements for agreements wherein consumers prospectively waive their rights to trials by jury on claims arising from related consumer transactions,”

            With the recommendation that the committee substitutes each do pass.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 4307, Allowing elementary schools or parents of students at the school to serve sweets at the school once a year,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4307) was referred to the Committee on Education.

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. 267 - “A Bill to amend and reenact §6-9-2c of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-3-10b of said code, all relating to fraudulent or unauthorized use of purchasing cards; ensuring that the courts of West Virginia have jurisdiction over fraudulent or unauthorized use of purchasing cards; establishing jurisdiction; defining the conduct as a continuing offense; adjusting the penalties such that a conviction is punished the same as a larceny conviction; and allowing for restitution”; which was referred to the Committee on Government Organization then the Judiciary.

            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. 381 - “A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required course of instruction in all public schools in West Virginia; and requiring instruction in cardiopulmonary resuscitation and the Heimlich maneuver”; which was referred to the Committee on Health and Human Resources then Education.

             A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 405 - “A Bill to amend and reenact §52-1-5a and §52-1-9 of the Code of West Virginia, 1931, as amended, all relating to availability of jury qualification forms; limiting availability after conclusion of trial; and removing a conflict with another section of the code”; 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 request the concurrence of the House of Delegates in the passage, of

            S. B. 435 - “A Bill to amend and reenact §61-7-14 of the Code of West Virginia, 1931, as amended, relating to correcting an incorrect code reference resulting from a recent amendment to said code requiring certain court personnel to complete certain handgun safety and training requirements before carrying a concealed handgun”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

            Delegates Walters, Skaff, Fleischauer, Frich, Pasdon and Marshall offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 67 - “Recognizing that any additional cuts to the funding for higher educational institutions would be detrimental to the growth and the financial well-being of West Virginia.”

            Whereas, Tuition rates have risen five to ten percent each year, both within the state and nationwide; and

            Whereas, Future cuts to higher education would perpetuate the perplexing problem of tuition rate increases, making higher education less accessible to West Virginia students; and

            Whereas, Retention rates among West Virginia higher educational institutions are falling, and higher tuition rates will continue the downward trend of students not completing their two-year and four-year degrees; and

            Whereas, Textbook prices have risen three-fold the rate of inflation since 1960; and

            Whereas, Last year’s seven and one-half percent cuts created fiscal hurdles for West Virginia higher educational institutions during a time of economic instability; and

            Whereas, West Virginia’s higher educational institutions give a substantial return on investment for every dollar spent; therefore, be it

            Resolved by the Legislature of West Virginia:

            That budgetary cuts to higher education in West Virginia will not help the serious economic and educational issues that face the state, nor would cuts allow an optimal return on investment; and, be it

            Further Resolved, That to achieve a modern and robust economy, educational investment must be a priority; and, be it

            Further Resolved, That maintaining reasonable tuition rates that are directly correlated to the retention rates among students in higher educational institutions will result in significant economic benefits; and, be it

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

            Delegates Boggs and Reynolds offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 68 - “Requesting the Joint Committee on Government and Finance to undertake a study of the development of a high speed commuter rail system in West Virginia.”

            Whereas, The State Rail Authority is currently undertaking formulation of a State Rail Plan that will examine passenger needs as well as other rail-related issues; and

            Whereas, A high speed commuter rail system in West Virginia would foster economic development around population centers in this state through station area development and transit oriented development; and

            Whereas, High speed commuter rail can ease automobile traffic congestion along major highways in West Virginia; and

            Whereas, Rail lines already exist connecting some major population centers in this state, making development of a high speed commuter rail system feasible with existing infrastructure; and

            Whereas, High speed commuter rail can offer riders an alternative to commuting by automobile that is both more environmentally responsible and economical; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance undertake a study of developing a high speed commuter rail system throughout this state; and, be it

            Further Resolved, That the Joint Committee on Government and Finance be authorized to require the testimony of acknowledged experts and others, as well as all records, that it deems necessary to complete a thorough study of these issues and matters ancillary thereto; and, be it

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

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

            Delegates Cadle, Hartman, P. Smith, Butler, Andes, Arvon, Azinger, Cooper, Ellem, Ellington, Hamrick, Espinosa, A. Evans, Faircloth, Folk, Householder, Howell, Iaquinta, Ireland, Miller, Pasdon, Paxton, Poore, Romine, Rowan, Shott and Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 69 - “Requesting the Division of Highways to name bridge number 27-62-37.01 on Route 62 in Hartford, Mason County, the ‘US Army Corporal John L. Gibbs Memorial Bridge’.”

            Whereas, Corporal John Leslie Gibbs was born on November 1, 1944, one of twelve children born to the late Charles and Sadie Gibbs of Hartford, Mason County, West Virginia; and

            Whereas, Corporal John L. Gibbs entered the United States Army on August 23, 1966. As a Private First Class, he was serving as a member of Company B, 2d Battalion, 23d Infantry, 2d Infantry Division, one of the forward elements of the United Nations Command enforcing the Korean Armistice of 1953. On July 16, 1967, PFC John L. Gibbs was in a foxhole south of the Korean Demilitarized Zone when his position was suddenly attacked by North Korean infiltrators under the cover of dense fog and darkness. A furious fire fight erupted and PFC John L. Gibbs and two of his fellow soldiers were killed; and

            Whereas, On July 15, 1967, PFC John L. Gibbs was posthumously promoted to the grade of Corporal, and was awarded the Purple Heart on August 10, 1967, for wounds received in action in Korea resulting in his death; and

            Whereas, It is fitting and proper, that US Army Corporal John L. Gibbs be remembered and acknowledged for his dedicated service and ultimate sacrifice to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 27-62-37.01 on Route 62 in Hartford, Mason County, the “US Army Corporal John L. Gibbs 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 “US Army Corporal John L. Gibbs 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 to the surviving family of Corporal John L. Gibbs.

            Delegates Ferns, Storch, D. Evans, Ferro and Diserio offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 70 - “Requesting the Division of Highways to name bridge number 35-40-7.52 on Route 40 in Wheeling, Ohio County, the ‘US Army Sgt. Matthew D. Hunter Memorial Bridge’.”

            Whereas, Sgt. Matthew D. Hunter was born on August 8, 1974, in Wheeling, West Virginia, the son of Fred Hunter and stepmother, Debbie, of Glen Dale, West Virginia, and Kathy and stepfather, Joe Kinney, of Valley Grove, West Virginia, and a brother to Amanda Hunter Gebhardt and Brian Hunter; and

            Whereas, Sgt. Matthew D. Hunter graduated from Wheeling Park High School in 1992 where he was a member of the Chess Club, REAP Counselors, Scuba Club, and the Wheeling Park High School Marching and Jazz Bands. Matthew was also a very active nine year member of the Ohio County 4-H Program and a member of the West Alexander Presbyterian Church where he sang in the adult choir; and

            Whereas, Sgt. Matthew D. Hunter earned a nursing degree from West Liberty State College; and

            Whereas, Sgt. Matthew D. Hunter joined the Army Reserves in January 1992 and became part of the regular Army in January 1996. Prior to serving in Iraq, he served two tours of duty in Korea; and

            Whereas, Sgt. Matthew D. Hunter was committed to serving his country and caring for its wounded, with a can-do attitude; and

            Whereas, In the fall of 2005, Sgt. Matthew Hunter was deployed to Iraq as a medic, assigned to the 1st Battalion, 502nd Infantry Regiment, 2nd Brigade Combat Team, 101st Airborne Division, the “Screaming Eagles” from Fort Campbell, Kentucky. In Iraq, Sgt. Hunter not only cared for and treated the wounded soldiers, he also treated injured animals he found in the war zone; and

            Whereas, On January 23, 2006, Sgt. Matthew D. Hunter was killed when an improvised explosive device detonated near his dismounted patrol during combat operations in Baghdad; and

            Whereas, Sgt. Matthew D. Hunter distinguished himself on numerous occasions and prior to his death was awarded the Army Accommodation Medal, Army Achievement Medal 2nd Award, National Defense Medal, Iraqi Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korean Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Air Assault Badge, and Marksmanship Badge. In addition, Sgt. Matthew D. Hunter was posthumously awarded the Bronze Star Medal, Purple Heart, Army Good Conduct Medal 3rd Award and Combat Field Medic Badge; and

            Whereas, It is fitting and proper, that US Army Sgt. Matthew D. Hunter be remembered and acknowledged for his courageous action and dedicated service to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 35-40-7.52 on Route 40 in Wheeling, Ohio County, the “US Army Sgt. Matthew D. Hunter 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 “US Army Sgt. Matthew D. Hunter 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 to the surviving family of Sgt. Matthew D. Hunter.

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

By Delegates Howell, Kump, Gearheart, Ireland, Ellington, Householder, Hamilton, D. Evans, Arvon, Storch and Cadle:

            H. J. R. 105 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section twenty-two, article III thereof, relating to the bill of rights, the right to bear arms and prohibiting the state or any of its subdivisions from maintaining a list or registry of firearms owned by residents of West Virginia; 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 Skinner, Barrett, Young, Tomblin, R. Phillips, Campbell, Fleischauer, Barker, Lawrence, Sponaugle and L. Phillips:

            H. B. 4395 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6M-1, §46A-6M-2, §46A-6M-3 and §46A-6M-4, all relating to creating the Internet Service Provider Protection Act; defining terms; making legislative findings; designating a contract between an Internet service provider and a subscriber to be an adhesion contract; and providing remedies”; to the Committee on the Judiciary.

By Delegates Ellington, Kump, Gearheart, Stephens, Faircloth, Householder, Folk, Shott, Frich, Storch and White:

            H. B. 4396 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-15C-1, §11-15C-2, §11-15C-3 and §11-15C-4, all relating to a trial suspension in certain border counties of the Motor Fuel Excise Tax and certain portions of the Consumers Sales and Service Tax”; to the Committee on Finance.

By Delegates Boggs and Reynolds

            [By Request of the Tax and Revenue Department]:

            H. B. 4397 - “A Bill to amend and reenact §11-10-5n of the Code of West Virginia, 1931, as amended, relating to recovery of service charges and fees charged to the Tax Commissioner by financial institutions relating to all permitted forms of payment returned or not duly paid; and authorizing rule-making”; to the Committee on Finance.

By Delegates Boggs and Reynolds

            [By Request of the Tax and Revenue Department]:

            H. B. 4398 - “A Bill to amend and reenact §11-11-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-1-14 of said code, all relating to eliminating the filing of nonprobate inventory with the Tax Commissioner for decedents dying on and after July 1, 2014; providing the filing of a nonprobate inventory with the clerk of the county commission or fiduciary representative only; providing criminal offenses and penalties for failure to comply; and specifying effective dates”; to the Committee on the Judiciary then Finance.

By Delegates Skaff, Poore, Lane, Guthrie, Wells, McCuskey, Storch and Lawrence:

            H. B. 4399 - “A Bill to amend and reenact §11-8-16 of the Code of West Virginia, 1931, as amended, relating to prohibiting a local levying body from holding a special election for the purpose of submitting a levy question to the voters if the date of the special election is one hundred eighty days or less before or after a regular primary or general election”; to the Committee on Political Subdivisions then the Judiciary.

By Delegate Howell:

            H. B. 4400 - “A Bill to amend and reenact §11-2-3 of the Code of West Virginia, 1931, as amended, relating to qualifications of deputy assessors; and allowing deputy assessors to be residents of a contiguous county in a contiguous state”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates D. Poling, Jones, Swartzmiller, Marcum, Longstreth, Ferro, Diserio, Ellem, Azinger and Boggs:

            H. B. 4401 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-1-6; and to amend and reenact §59-1-10 of said code, all relating to requiring each judicial circuit to have a court appointed special advocate program and each county to have a special advocate for children in abuse and neglect proceedings; raising the price of a certified copy of a birth certificate, death certificate or marriage license from $5 to $11; and creating a fund within the State Treasury to pay for the implementation of court appointed special advocate programs and the hiring of special advocates”; to the Committee on the Judiciary then Finance.

By Delegates Manchin, Skinner, Sponaugle, Longstreth, Marcum, Lynch, Wells, Caputo, Marshall and Barrett:

            H. B. 4402 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-6-26, relating to the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor”; to the Committee on the Judiciary.

By Delegates Marcum, White, Eldridge, Tomblin, Barker, R. Phillips, Campbell, L. Phillips, Moore, D. Poling and Shott:

            H. B. 4403 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-22b, relating to creating a tax credit for certain businesses that locate within a twenty-mile radius of a Hatfield-McCoy recreation area trail head and in the same county of that trail head; establishing variable amounts of credit; providing that the credit lasts for ten years; defining a term; and providing rule-making authority”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates P. Smith, Fragale, Iaquinta, Moye, Barrett and Staggers:

            H. B. 4404 - “A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended, relating to permitting a salary increase for kindergarten aides and early childhood classroom assistant teachers who have more than twenty pupils per session”; to the Committee on Education then Finance.

By Delegate Hartman

            [By Request of the Department of Agriculture]:

            H. B. 4405 - “A Bill to amend and reenact §19-12A-6a of the Code of West Virginia, 1931, as amended, relating to increasing the cap for collections into the land division special revenue account of the Department of Agriculture; and dividing amounts in excess of the cap evenly between the special revenue account and General Revenue Fund of the state”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Manchin, Skinner, Sponaugle, Fleischauer, Poore, Ferro, Longstreth, Lynch, Wells, Moore and Caputo:

            H. B. 4406 - “A Bill to amend and reenact §31D-1-150 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §31D-7-740 and §31D-7-741; to amend said code by adding thereto a new section, designated §31D-8-834; to amend said code by adding thereto a new section, designated §31D-15-1540; and to amend said code by adding thereto a new section, designated §31D-16-1621, all relating to the accountability of a corporation’s political activities; defining additional terms; requiring annual authorization and approval by a majority of shareholders for corporations spending a yearly aggregate of $10,000 or more for political activities in this state; providing for director liability for spending without proper authorization; requiring disclosure of corporate political activities to shareholders and the public; and applying these new requirements to foreign corporations”; to the Committee on the Judiciary.By Delegates Manchin, Skinner, Sponaugle, Ireland, Fleischauer, Ferro, Longstreth, Marcum, Moore, Caputo and Hamilton:

            H. B. 4407 - “A Bill to amend and reenact §17C-7-1 of the Code of West Virginia, 1931, as amended, relating to operating a motor vehicle in the left lane of a controlled-access highway; and misdemeanor penalty”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Skaff, Poore, R. Phillips, Walker, Hunt, Hartman, Lynch and Guthrie

            [By Request of the State Police]:

            H. B. 4408 - “A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to establishing salaries and providing raises for employees within the West Virginia State Police Forensic Laboratory”; to the Committee on Finance.

Daily Calendar

Unfinished Business

            H. R. 7, Relating to requiring that a Jobs Impact Statement be attached to proposed legislation affecting employment or taxes in the state; coming up in regular order, as unfinished business, was reported by the Clerk.

            Delegate White asked unanimous consent that the resolution lie over, which consent was not given, objections being heard.

            Delegate White then so moved, and on this motion, Delegate Lane demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 35), and there were--yeas 51, nays 46, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, O’Neal, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

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

             So, a majority of the members present and voting having voted in the affirmative, the motion prevailed.

            Com. Sub. for H. C. R. 10, The “Veterans Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            H. C. R. 14, The “Army Specialist Fifth Class Elton Dale Workman Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

            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. C. R. 19, The “Army Specialist 4 William Lewis Reger Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

            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. C. R. 23, Army Sgt. Walter William Smith Memorial Bridge; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            H. C. R. 25, Urging the West Virginia Governor’s Office and the Senate and House Finance Committees to include sufficient funds in the budget to eliminate the wait list for the Aged and Disabled Waiver program; coming up in regular order, as unfinished business, was, at the request of Delegate White, and by unanimous consent, laid over.

            H. C. R. 40, Designating “Take Me Home Country Roads” an official state song; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

            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. C. R. 54, Chief Denzil O. Lockard Memorial Bridge; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

            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. C. R. 55, Alex Angelino Memorial Bridge; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

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

            The following three resolutions, coming up in regular order, as unfinished business, were, at the respective requests of Delegate White, and by unanimous consent, each laid over:

            H. C. R. 57, Providing for the licensing of adult day health centers that implement a hybrid model of care,

            H. C. R. 58, Requesting a study on the growing needs for in-home care and personal services for West Virginia’s aging population,

            And,

            H. C. R. 59, Urging the Governor to direct the Bureau of Senior Services to issue a report on the needs for in-home care.

Third ReadingCom. Sub. for H. B. 4147, Relating to emergency preparedness; 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. 36), 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: Barill, Moore, J. Nelson and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4147) passed.

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

            On this question, the yeas and nays were taken (Roll No. 37), 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: Barill, Moore 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 (Com. Sub. for H. B. 4147) 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. 4186, Relating to the procedures for issuing a concealed weapon license; 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. 38), 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: Barill, Moore and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4186) passed.

            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. 4287, Administration of health maintenance tasks; 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. 39), 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: Barill, Moore and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4287) 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. 4332, Extending the time that certain nonprofit community groups are exempt from the moratorium on creating new nursing home beds; 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. 40), 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: Barill, Moore and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4332) passed.

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

            On this question, the yeas and nays were taken (Roll No. 41), 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: Barill, Moore 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. 4332) 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.

Second ReadingS. B. 341, Making supplementary appropriation from State Excess Lottery Revenue Fund to Division of Human Services; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for H. B. 4196, Requiring the Workforce Investment Council to provide information and guidance to local workforce investment boards that would enable them to better educate both women and men about higher paying jobs; 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. 4236, Sexual assault nurse examination network; 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. 4284, Pregnant Workers’ Fairness Act; 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 the amendments offered by Delegate Folk pending, and the rule was suspended to permit the restricted right to amend by Delegate Manchin on third reading.

Leaves of Absence

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

Remarks by Members

            Delegate Armstead asked and obtained unanimous consent that the remarks of Delegate Lane regarding the legislative rule-making process, be printed in the Appendix to the Journal.

            Delegate Overington asked and obtained unanimous consent that the remarks of Delegate Craig regarding the increase in coal-fired power plant load at a time when those plants are due to go off-line, be printed in the Appendix to the Journal.

            Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate Guthrie regarding the recent water crisis be printed in the Appendix to the Journal.

            Delegate Poore also addressed the House regarding the water crisis and at the conclusion her remarks, Delegate Caputo asked and obtained unanimous consent that they be printed in the Appendix to the Journal.

            Delegate Ellington addressed the House regarding his proposal to eliminate the tax on gasoline in certain border counties, and at the conclusion thereof, Delegate Frich asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

            Delegate Sobonya addressed the House regarding the legislative rule-making process, and at the conclusion thereof, Delegate Frich asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

            At 12:48 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 5, 2014.

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