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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

colorseal.jpg




__________*__________



 

Wednesday, February 5, 2014

TWENTY-NINTH 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 Tuesday, February 4, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Wells, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 4th day of February, 2014, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

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

            Delegate Morgan, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            H. B. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission,

            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. 4298) was referred to the Committee on the Judiciary.

            Delegate Morgan, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            H. B. 4203, Allowing a grievant a reasonable time for a representative to be summoned and appear, and clarifying that participation in grievance proceedings is considered work time,

            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. 4203) was referred to the Committee on the Judiciary.

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            H. B. 4373, Relating to driver education programs,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4373) was referred to the Committee on Finance.

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            H. B. 4336, Relating to state control of county schools,

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

            Com. Sub. for H. B. 4336 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-40, relating to state control of county schools and school systems; limiting duration of state board intervention in operation of schools and school systems; requiring certain actions, oversight and support during periods of intervention; recommendations for return of control; and limiting subsequent intervention for certain period; providing exception if public hearing held; and requiring certain continued support,”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

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

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

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

            With the recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 4339, 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,

            And,

            H. B. 4368, Relating to issuance and renewal of driver’s licenses,

            And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bills (H. B. 4339 and H. B. 4368) were each referred to the Committee on Finance.

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

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

            Com. Sub. for H. B. 4214 - “A Bill to amend and reenact §27-7-1 of the Code of West Virginia, 1931, as amended, relating to notice to persons discharged from a mental health facility,”

            With the recommendation that the committee substitute do pass.

Messages from the Executive

            Mr. Speaker, Mr. Miley, presented a communication from His Excellency, the Governor, advising that on February 4, 2014, he approved S. B. 346.

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. 32 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-2-4a; and to amend said code by adding thereto a new section, designated §30-1A-2a, all relating to the sunrise application review process; authorizing the Legislative Auditor to establish and charge fees for the sunrise application review process; and reporting requirements”; which was referred to the Committee on Government Organization then Finance.

            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. 165 - “A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing the Office of Administrative Hearings to promulgate a legislative rule relating to appeal procedures; and authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways”; 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 and requested the concurrence of the House of Delegates in the passage, of

            S. B. 257 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to the liability of a possessor of real property for harm to a trespasser”; 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 and requested the concurrence of the House of Delegates in the passage, of

            S. B. 314 - “A Bill to amend and reenact §7-18-14 of the Code of West Virginia, 1931, as amended, relating to proceeds of the hotel occupancy tax; and permissible expenditure of the proceeds in a county with no more than one hospital”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 325 - “A Bill to amend and reenact §29-3-11 of the Code of West Virginia, 1931, as amended, relating to the State Fire Marshal; and providing that the State Fire Marshal shall serve at the will and pleasure of the Fire Commission and shall be exempt from the classified civil service system”; 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

            S. B. 380 - “A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-6-1 of said code, all relating to redefining ‘all-terrain vehicle’ and ‘utility terrain vehicle’”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 408 - “A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Parole Board; eligibility for parole; clarifying the procedures for granting parole; and clarifying that a parole-eligible inmate is entitled to a timely parole hearing regardless on where he or she is housed”; 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 and requested the concurrence of the House of Delegates in the passage, of

            S. B. 415 - “A Bill to amend and reenact §7-5-16 of the Code of West Virginia, 1931, as amended, relating to the preparation and publication of county financial statements; and changing the due date of a certain tax report to October 15 of each fiscal year”; which was referred to the Committee on Political Subdivisions then the Judiciary.

Resolutions Introduced

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

            H. C. R. 71 - “Requesting that Turnpike bridge number 20-77-86.57 (20A619), on U. S. I-77, crossing over County Route 77/1, and known as the Fields Creek Bridge, near Chelyan, West Virginia, be named the ‘Army Private William C. Bias Memorial Bridge’.”

            Whereas, William Cecil Bias was born February 7, 1918, the son of Gordon and Virgie Bias of Chelyan, Kanawha County, West Virginia; and

            Whereas, William Cecil Bias was married to Clementine Cruikshank of Cedar Grove, West Virginia on March 15, 1940; and

            Whereas, William Cecil Bias and his wife had a daughter, Nancy Vasburg, who currently lives in Niagara Falls, New York; and

            Whereas, William Cecil Bias has several other surviving relatives, including a brother, David Bias, living in Parkersburg, West Virginia, and nieces and nephews living in Frazier’s Bottom, West Virginia and in the area of Charleston, West Virginia; and

            Whereas, William Cecil Bias enlisted in the United States Army in 1944 and was serving with the 60th Infantry, 9th Division in Europe when he was killed in action January 10, 1945, during the Battle of the Bulge; and

            Whereas, The body of Army Private William C. Bias is buried in Plot E, Row 12, Grave 73, Henri-Chapelle American Cemetery, Henri-Chapelle, Belgium; and

            Whereas, It is fitting that an appropriate memorial for this World War II soldier be established in the area where he was raised among friends and family; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name Turnpike bridge number 20-77-86.57 (20A619), on U. S. I-77, crossing over County Route 77/1, and known as the Fields Creek Bridge, near Chelyan, West Virginia, the “Army Private William C. Bias 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 “Army Private William C. Bias 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; to Nancy Vasburg, 1880 Tuscarona Road, Niagara Fall, NY 14304; and to Mrs. Marlene V. Price, 701 Garvin Avenue, Apartment 305, Charleston, WV.

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

            H. C. R. 72 - “Requesting that bridge number 29.04 on Tolsia highway in Wayne County, West Virginia, be named the ‘Roy Elmer “Doc” Moon Bridge’.”

            Whereas, Roy Elmer “Doc” Moon was born on July 2, 1945 in Cove Gap, Wayne County, West Virginia. He was a navy medic (Medical Assistant) with 2nd Battalion 3rd Marines, 1st Marine Division in Vietnam. He received for his service the Vietnam Service Medal (One Bronze Star) (Fleet Marine Force Combat Operations Insignia), Navy Unit Commendation Medal and Vietnam Campaign Medal. Marines and Naval men he served with have stated that he was everything from “the bravest man I know” to “he never thought of his own safety, the injured came first”. All who attended a unit reunion had praise for “Doc” Moon. Some said they would not be alive today if it had not been for “Doc” Moon. The platoon leader stated that he worried that the new medic would not be as capable to do the job of their former medic, but he stated that “Doc” Moon more than filled the shoes left by the former medic; and

            Whereas, Roy Elmer “Doc” Moon is a person who served his fellow man without considering his own safety. He is an outstanding citizen and a well-respected member of our community today; and

            Whereas, The Fort Gay Veterans Park Committee respectfully requests that accomplishments and contributions of Roy Elmer “Doc” Moon to his community, state and country not go unnoticed and that he be recognized by naming a bridge for him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That bridge number 29.04 on Tolsia highway in Wayne County, West Virginia, be named the “Roy Elmer ‘Doc’ Moon 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 “Roy Elmer ‘Doc’ Moon 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 Roy Elmer “Doc” Moon.

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

            H. C. R. 73 - “Requesting the Division of Highways to name bridge number 35-88-2.84 on Bridge Street in Wheeling, Ohio County, the ‘US Army Captain David Van Camp Memorial Bridge’.”

            Whereas, Captain David Van Camp was born in Wheeling on February 11, 1982, the son of Donald and Linda Van Camp; and

            Whereas, Captain David Van Camp attended Wheeling public schools, graduating from Wheeling Park High School in 2000; and

            Whereas, Captain David Van Camp earned his commission as an armor officer from Marion Military Institute in Marion, Alabama, in 2002, and graduated from Marshall University in 2004 with a bachelor’s degree in criminal justice; and

            Whereas, Shortly after marrying his sweetheart, Chelsea Graham Van Camp, Captain David Van Camp began his first deployment to Iraq in 2005; and

            Whereas, Captain David Van Camp sustained serious combat injuries in a suicide bomber attack while serving in southern Iraq with the 2nd Squadron, 4th Infantry Division in 2006; and

            Whereas, On a subsequent deployment to Iraq, Captain David Van Camp was serving in Operation New Dawn as commander of Troop G, 2nd Squadron, 3rd Armored Cavalry Regiment when he was killed in action on June 29, 2011; and

            Whereas, Captain David Van Camp’s awards and decorations include two Bronze Service Medals, two Purple Hearts, two Army Achievement Medals, a Meritorious Service Medal, an Iraq Combat Medal with two service stars, a Global War on Terrorism Medal, a Coast Guard Meritorious Unit Commendation, a National Defense Service Medal, an Army Service Ribbon, two Overseas Service Ribbons, a Combat Action Badge and a Parachutist Badge; and

            Whereas, Captain David Van Camp is survived by his loving wife, Chelsea Graham Van Camp; his parents, Don and Linda Van Camp; his brothers, Donald, Dennis and Daniel Van Camp; a mother-in-law, Suanne Graham; and numerous aunts, uncles and cousins; and

            Whereas, In January 2012 the Captain David Van Camp Memorial Foundation was created by family and friends to establish a scholarship for a Wheeling Park High School baseball player and to raise funds for the Wounded Warrior Project and the West Virginia Patriot Guard Riders - all fitting tributes to David’s memory because he was an avid baseball player, a motorcyclist and, of course, a Wounded Warrior himself; and

            Whereas, On that fateful day of June 29, 2011, Captain David Van Camp gave his last full measure of devotion to his country and to his comrades-in-arms; and

            Whereas, On August 1, 2011, Captain David Van Camp was interred in Arlington National Cemetery, a fitting tribute to honor his supreme sacrifice on behalf of a grateful nation; and

            Whereas, The Bridge Street bridge in Wheeling is an appropriate edifice to honor this fallen hero for it is located in the Elm Grove section of Wheeling where Captain David Van Camp grew up and it is near the Bridge Street Middle School where he attended school as a young man; and

            Whereas, It is only fitting and proper that this bridge henceforth stand as a permanent memorial to Captain David Van Camp so that his courage and selfless heroism are never forgotten for, as it has been so eloquently stated, “Poor is a nation who has no heroes; shameful is a nation who has heroes, and forgets them”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways name bridge number 35-88-2.84 on Bridge Street in Wheeling, Ohio County, the “US Army Captain David Van Camp Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the bridge as the “US Army Captain David Van Camp Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates is requested to forward a certified copy of this resolution to Chelsea Graham Van Camp, to Donald and Linda Van Camp and to the Secretary of the Department of Transportation.

Motions

            Delegate Lynch asked and obtained unanimous consent that he be added as a cosponsor of H. B. 4339.

Bills Introduced

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

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

            H. B. 4409 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21A-12-1, §21A-12-2, §21A-12-3, §21A-12-4, §21A-12-5, §21A-12-6, §21A-12-7, §21A-12-8, §21A-12-9, §21A-12-10, §21A-12-11 and §21A-12-12, all relating to the creation of Work Share West Virginia; providing rule-making authority; specifying work share plan contents; providing criteria for approval or denial of work share plan; providing provisions for enforcement of program, including criminal sanctions, employee eligibility, benefit amounts and exhaustion of benefits; requiring reimbursement of benefits paid; providing for charging participating employers; and requiring report to Legislature”; to the Committee on the Judiciary then Finance.

By Delegate Hartman

            [By Request of the Department of Agriculture]:

            H. B. 4410 - “A Bill to amend and reenact §19-2C-1, §19-2C-3, §19-2C-5, §19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-8 and §19-2C-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-2C-9a, all relating to auctioneers and apprentice auctioneers, generally; redefining auctioneer exceptions; adding definitions; amending license renewal for expired licenses; allowing certain fees to be set by legislative rule; increasing length of record retention; clarifying qualifying test scores; restricting length of apprenticeship; adding duties of sponsoring auctioneer; increasing criminal penalties; requiring contracts to have certain provisions; and requiring escrow accounts”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates R. Phillips, Ashley, Barker, Craig, Eldridge, A. Evans, Ferro, Hamilton and Skaff:

            H. B. 4411 - “A Bill to amend and reenact §22-15-8 of the Code of West Virginia, 1931, as amended, relating to allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities; if the drilling waste is placed in a separate cell dedicated solely for those wastes, permitting the disposal even if it results in the facility going over its maximum monthly permitted limits; and providing that the facility may not refuse municipal waste until its monthly limit is reached”; to the Committee on Energy then the Judiciary .

By Delegates Skaff, Barrett, Walters, Guthrie, Sponaugle, E. Nelson. R. Phillips, Gearheart and Reynolds

            [By Request of the Alcohol Beverage Control Commissioner]:

            H. B. 4412 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-16-11b, relating to creating a special one-day license for charitable events to sell nonintoxicating beer; setting a fee; and authorizing rule-making”; to the Committee on the Judiciary.

By Delegates Ashley, Westfall, Morgan, Skaff, Iaquinta, Stephens, Campbell, Eldridge, McCuskey and Young:

            H. B. 4413 - “A Bill to amend and reenact §30-20A-1, §30-20A-2, §30-20A-3, §30-20A-4, §30-20A-5, §30-20A-6 and §30-20A-7 of the Code of West Virginia, 1931, as amended, all relating to requiring that athletic trainers be licensed, instead of registered, by West Virginia Board of Physical Therapy”; to the Committee on Government Organization then Finance.

By Delegates Manchin, Longstreth, Lynch, Jones, Diserio, Caputo, Young and Barrett:

            H. B. 4414 - “A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to the solicitation of public employees by an elected officer of the state or its political subdivisions or a candidate for an elective office of the state or its political subdivisions; clarifying that an electronic communication is a form of contact; clarifying that a candidate may not solicit certain persons; clarifying that services may not be solicited from certain persons; and removing postmasters and federal officers and employees from those persons who may not be solicited”; to the Committee on the Judiciary.

By Delegates White, Marcum, Moore, Eldridge, R. Phillips, Tomblin and Campbell:

            H. B. 4415 - “A Bill to amend and reenact §15-2B-2 §15-2B-3, §15-2B-5, §15-2B-6, §15-2B-9, §15-2B-10 and §15-2B-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-2B-11a, all relating to the collection of DNA samples from individuals arrested on a felony charge for inclusion in the DNA Databank”; to the Committee on the Judiciary.

By Mr. Speaker, Mr. Miley and Delegates Fragale and Iaquinta:

            H. B. 4416 - “A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting certified professional estimator services from consumers sales tax”; to the Committee on Finance.

By Delegates Moore, Kinsey, Hartman, Reynolds, Campbell, E. Nelson and Azinger:

            H. B. 4417 - “A Bill to amend and reenact §17A-4A-15 of the Code of West Virginia, 1931, as amended, relating to liens on vehicles; expanding the period during which a recorded lien on a vehicle is valid; expanding the period during which a refiled lien on a vehicle is valid; and clarifying that the lienholder may refile a lien or encumbrance without obtaining the owner’s consent”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Fleischauer, Barrett, Perdue, Staggers, Sponaugle, Eldridge, Hamilton, White, Pethtel, Tomblin and Barill:

            H. B. 4418 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-22, relating to requiring the Department of Health and Human Services to consult with the Division of Personnel to establish a revised classification plan with a career ladder for certain social workers; making legislative findings; and requiring a report”; to the Committee on Health and Human Resources.

Daily Calendar

Unfinished Business

            The following resolutions coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

            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,

            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.

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

Third ReadingS. B. 341, Making supplementary appropriation from State Excess Lottery Revenue Fund to Division of Human Services; 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. 42), and there were--yeas 78, nays 17, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Butler, Cadle, Cowles, Espinosa, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Overington, Rowan and R. Smith.

            Absent and Not Voting: Barill, J. Nelson, O’Neal, Raines and Walters.

            So, a majority of the members elected to the House having voted in the affirmative, the Speaker declared the bill (S. B. 341) passed.

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

            On this question, the yeas and nays were taken (Roll No. 43), and there were--yeas 78, nays 17, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Butler, Cadle, Cowles, Espinosa, Faircloth, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, Overington, Rowan and R. Smith.

            Absent and Not Voting: Barill, J. Nelson, O'Neal, Raines and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 341) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            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 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. 44), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, O’Neal, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4196) 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. 4236, Sexual assault nurse examination network; 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. 45), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, O’Neal, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4236) 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. 4284, Pregnant Workers’ Fairness Act; on third reading with the amendments offered by Delegate Folk pending, and restricted right to amend by Delegate Manchin, was reported by the Clerk.

            Delegate Folk moved to amend the bill on page five, section five, line nine, following the word “chapter”, by inserting a comma and the words “ additionally, for the purposes of this act, any human fetus being carried by the protected class of pregnant workers”.

            Delegate Folk then asked and obtained unanimous consent that the amendment be modified to as to apply only to section three of the bill.

            On the adoption of the modified amendment, Delegate Folk demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 46), and there were--yeas 34, nays 60, absent and not voting 6, with the yeas and absent and not voting being as follows:

            Yeas: Anderson, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Espinosa, A. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, Overington, Romine, Rowan, Shott, R. Smith, Sobonya, Sumner and Westfall.

            Absent and Not Voting: Barill, Ellem, J. Nelson, O’Neal, Raines and Walters.

             So, a majority of the members present and voting not having voted in the affirmative, the amendment did not prevail.

            Delegate Folk then moved to amend the bill as follows:

            On page two, line five, immediately following the word “conditions”, by inserting a comma and the words “including, the health of the unborn child”.

            On page three, line seven, following the word “conditions”, by inserting a comma and the the words “including, the health of the unborn child”.

            On page three, line nineteen, following the word “conditions”, by inserting a comma and the words “including, the health of the unborn child”.

            On page three, line twenty-five, following the word “conditions”, by inserting a comma and the words “including, the health of the unborn child”.

            On page four, line six, following the word “conditions”, by inserting a comma and the words “including, the health of the unborn child”.

            And,

            On page six, line four, following the word “conditions”, by inserting a comma and the words “including, the health of the unborn child”.

            On the adoption of the amendment, Delegate Folk demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 47), and there were--yeas 38, nays 56, absent and not voting 6, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, Overington, Romine, Rowan, Shott, R. Smith, Sobonya, Sumner and Westfall.

Absent and Not Voting: Barill, Ellem, J. Nelson, O’Neal, Raines and Walters.

             So, a majority of the members present and voting not having voted in the affirmative, the amendment did not prevail.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 48), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Ellem, J. Nelson, O’Neal, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4284) passed.

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

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

            Com. Sub. for H. B. 4010, Creating the Uniform Real Property Electronic Recording Act,

            And,

            Com. Sub. for H. B. 4220, Relating to waiver of jury trial in claims arising from consumer transactions.

Leaves of Absence

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

Remarks by Members

            Delegate Lane asked and obtained unanimous consent that the remarks of Delegate Perdue regarding former Delegate Larry Border and the decision of CVS Pharmacies to stop selling tobacco products, be printed in the Appendix to the Journal.

            Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Iaquinta regarding a fallen volunteer firefighter from Nutter Fort, be printed in the Appendix to the Journal.

            Delegate Fleischauer asked and obtained unanimous consent that the remarks of Delegate Miller regarding H. B. 4236, Sexual assault nurse examination network, be printed in the Appendix to the Journal.

            At 12:58 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 6, 2014.

 

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