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House Journal


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Day 44 (02-20-2014)
Day 45 (02-21-2014)
Day 48 (02-24-2014)
Day 49 (02-25-2014)
Day 50 (02-26-2014)
Day 51 (02-27-2014)
Day 52 (02-28-2014)
Day 56 (03-04-2014)
Day 57 (03-05-2014)
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Day 61 (03-09-2014)
Day 62 (03-10-2014)
Day 01 (1-08-02014)

Eighty-first Legislature

Second Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Thursday, February 6, 2014

THIRTIETH 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 Wednesday, February 5, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            Delegate White moved that the applicable provisions of House Rule 136, relating to privileges of the floor, be suspended for the day to extend privileges of the floor to invited guests for presentations by the House.

            On this motion, Delegate Ferro demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 49), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:

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

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

            Delegate Ellem, having been absent at the convening of the Session, appeared in his seat.

Committee Reports

            Delegate Pino, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 4293, Regulating the importation and possession of certain injurious aquatic species,

            And,

            H. B. 4301, Allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 4293 and H. B. 4301) were each referred to the Committee on the Judiciary.

            Delegate Pino, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 2792, Creating a hunting license permitting crossbow hunting,

            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. 2792) was 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. 4221, Permitting teachers under the State Teachers Retirement System to teach college level courses without loss of benefits,

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

            Delegate Pethtel, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            H. B. 4349, Clarifying retirement dependent child scholarship and burial benefits under a Qualified Domestic Relations Order,

            And reports the same back, with amendment, with the recommendation that it do pass, 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. 4349) was referred to the Committee on the Judiciary.

            Delegate Skaff, Chair of the Committee on Small Business, Entrepreneurship and Economic Development, submitted the following report, which was received:

            Your Committee on Small Business, Entrepreneurship and Economic Development has had under consideration:

            H. B. 4343, West Virginia Project Launchpad Act,

            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. 4343) was referred to the Committee on Finance.

            Delegate Lawrence, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 4302, Relating to elections for public school purposes,

            And reports the same back with the recommendation that it do pass, 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. 4302) was referred to the Committee on the Judiciary.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 4377, Relating to the participation in the Motor Vehicle Alcohol Test and Lock Program,

            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. 4377) was referred to the Committee on the Judiciary.

            Delegate Poling, Chair of the Committee on Industry and Labor, submitted the following report, which was received:

            Your Committee on Industry and Labor has had under consideration:

            H. B. 4168, Requiring materials, supplies, equipment and other items purchased by the state and its agencies to be made in the United States,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4168) was referred to the Committee on Finance.

            Delegate Moore, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 4290, Revising the regulatory structure of money transmitters and other entities,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4290) was referred to the Committee on Finance.

            Delegate Guthrie, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 4359, Relating to licensure of managing general agents of insurers,

            And reports the same back with the recommendation that it do pass, 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. 4359) was referred to the Committee on the Judiciary.

            Delegate Moore, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 4372, Permitting the Commissioner of Financial Institutions to file certain reports, data or information directly with the Division of Financial Institutions,

            And reports the same back with the recommendation that it do pass, 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. 4372) was referred to the Committee on the Judiciary.

            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. 4280, Relating to the Department of Health and Human Resources,

            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 Government Organization.

            In accordance with the former direction of the Speaker, the bill (H. B. 4280) was referred to the Committee on Government Organization.

            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. 4072, Department of Health and Human Resources, child care centers licensing,

            And,

            H. B. 4363, Creating an informal dispute resolution process available to behavioral health providers, 

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

            In accordance with the former direction of the Speaker, the bills (H. B. 4072 and H. B. 4363) were each referred to the Committee on the Judiciary.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, bills of the House of Delegates as follows:

            H. B. 4177, Making a supplementary appropriation to various agencies.

            And,

            H. B. 4182, Supplementing, amending, increasing, decreasing, and adding items of appropriations in various accounts.

            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. 357 - “A Bill to repeal §19-1B-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-1B-12a of said code, all relating to civil and criminal penalties for violations of the Logging Sediment Control Act pertaining to timber operations; and establishing a violation for failure to reclaim”; which was referred to the Committee on Agriculture and Natural Resources 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. 387 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-10-6, relating to clarifying that duly authorized officers of the United States, the District of Columbia or other states have legal custody of their prisoners while they are in West Virginia”; 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. 395 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-8b; and to amend said code by adding thereto a new section, designated §61-4-9, all relating generally to the operation and oversight of certain benefit programs; granting certain subpoena power to the Investigations and Fraud Management Division within the Department of Health and Human Resources to investigate welfare fraud; authorizing the Investigations and Fraud Management Division to request search warrants, swear to complaints and seek relevant orders from circuit court in certain situations; providing access to out-of-state documents in certain circumstances; prohibiting disclosure of persons under investigation by the Investigations and Fraud Management Division; defining terms; creating misdemeanor and felony offenses for certain unlawful use of certain benefits or benefit access devices; stating certain presumptions and calculations permissible in prosecution of these offenses; and providing an alternative to confinement for individuals convicted of the offenses associated with unlawful use of certain benefits”; which was referred to the Committee on Health and Human Resources then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 13 -“Requesting the Division of Highways to name the new bridge on Route 58, bridge number 17-58-2.38, in Anmoore, Harrison County, West Virginia, the ‘U. S. Army PFC Nick A. Cavallaro Memorial Bridge’.”

            Whereas, Nick Cavallaro was born in Caulonia, Reggio Calabria, Italy, in 1920, and came to the United States in August, 1922, with his brother Celestino (Charley) and mother Maria Rosa Strangio Cavallaro and settled in Anmoore, West Virginia; and

            Whereas, When World War II broke out, Nick Cavallaro, having become an American citizen by then, immediately enlisted in the United States Army and was assigned to the 82nd Airborne; and

            Whereas, Nick Cavallaro participated in battles in North Africa and Sicily, Italy, and was one of the thousands of paratroopers dropped behind German lines the night before the invasion of Normandy, France; and

            Whereas, Nick Cavallaro was scheduled to come home on leave when the Battle of the Bulge broke out and his leave was canceled; and

            Whereas, Sadly, Nick Cavallaro lost his life in battle at Fosse, Belgium, on January 3, 1945, leaving behind his mother, brother, sister Louise and a host of other family and friends; and

            Whereas, Nick Cavallaro was an Italian immigrant and a citizen of Anmoore, West Virginia, and the United States and made the ultimate sacrifice for his adopted hometown and country; and

            Whereas, It is fitting to recognize the service and sacrifice of Nick Cavallaro by naming this bridge in his honor as an everlasting tribute to his memory; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the new bridge on Route 58, bridge number 17-58-2.38, in Anmoore, Harrison County, West Virginia, the “U. S. Army PFC Nick A. Cavallaro 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 “U. S. Army PFC Nick A. Cavallaro Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 14 -“Requesting the Division of Highways to name the bridge crossing Madison Creek between Logan and Man, approximately five hundred to six hundred feet below the new bridge at Rita Mall, in Logan County, known as the Midway Plate Girder Bridge, 0.01 miles south of West Virginia Route 10 near the intersection with the Guyandotte River and NS Rail Road, bridge number 023-10-12.56, the ‘U. S. Army Sergeant Bernard C. Maynard Memorial Bridge’.”

            Whereas, Bernard C. Maynard was born on May 18, 1918, and was raised by his grandmother. He died on June 27, 2010; and

            Whereas, Bernard C. Maynard served in the United States Army from June 15, 1942, until November 29, 1944, and was a Tech 4 Grade with the 185th Chemical Company; and

            Whereas, Bernard C. Maynard was awarded the World War II Victory Medal, Philippine Liberation Ribbon, two Bronze Stars, American Theater Ribbon, Asiatic Pacific Theater Ribbon and a Good Conduct Medal; and

            Whereas, Bernard C. Maynard married Maggie Hatfield in 1946. They had seven children, adopted two and also took in three other children in need of a home. All of the children are surviving except for one. There are twenty-three grandchildren and thirty-four great grandchildren; and

            Whereas, Bernard C. Maynard worked in the coal mines, had black lung and retired from the board of education after ten years as a custodian. He helped with the recovery after the Buffalo Creek flood, attended Madison Creek Church until it flooded and then attended Neibert Missionary Baptist. He was also a member of a ham radio club; and

            Whereas, It is only fitting that we so honor Bernard C. Maynard for his dedicated and selfless service to his country and for his contributions to Logan County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge crossing Madison Creek between Logan and Man, approximately five hundred to six hundred feet below the new bridge at Rita Mall, in Logan County, known as the Midway Plate Girder Bridge, 0.01 miles south of West Virginia Route 10 near the intersection with the Guyandotte River and NS Rail Road, bridge number 023-10-12.56, the “U. S. Army Sergeant Bernard C. Maynard 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 “U. S. Army Sergeant Bernard C. Maynard Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving children and relatives of Bernard C. Maynard.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 15 - “Requesting the Division of Highways to name bridge number 6-2-16.38, 0.73 miles south of County Route 1, on Route 2 in Cabell County, West Virginia, the ‘U. S. Army PFC Homer “Clyde” Farley and U. S. Army PFC Max O. Farley Memorial Bridge’.”

            Whereas, Private Homer Farley was born in 1929; and

            Whereas, In 1950 Private Homer Farley was in Japan with the 25th I.D., 35th Infantry Regiment; and

            Whereas, When war broke out in Korea on June 24, 1950, the 24th Division was the only unit in Korea and was quickly overrun by the masses of NKPA Inmum Gun units marching southward toward Pusan. Private Homer Farley’s division arrived in Korea on or about July 10, 1950, along with some small numbers of infantry of the 1st Cavalry Division; and

            Whereas, The United States forces were pressed into an area and were in jeopardy of being pushed off the Korean peninsula by the overwhelming forces against them when Lt. General Walton Walker, under the command of Supreme Commander Douglas MacArthur, gave a “stand or die” order to troops in Korea and stated, “We will not have another Dunkirk”; and

            Whereas, Private Homer Farley’s company was attacked on August 18, 1950, and while many of his unit fled the NKP Army, Private Homer Farley got up in the back of a Jeep and started firing a .50 caliber machine gun into the enemy. He most certainly took out many of the enemy soldiers to help hold the position but was killed in action that day. For his instantaneous and selfless actions he was awarded the Silver Star for Gallantry in Action, the third- highest military award for valor; and

            Whereas, Private Homer Farley was also awarded the Purple Heart, the Combat Infantryman’s Badge, the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, the Korean Presidential Unit Citation and the Republic of Korea Service Medal; and

            Whereas, It is a sad coincidence that Private Homer Farley was killed on his brother Max Owen Farley’s eighteenth birthday, August 18, 1950. His family was sent a letter from Ira P. Swift, later the Major General commanding the 25th I.D., expressing sorrow and regret for Private Homer Farley’s death; and

            Whereas, Private Homer Farley is buried in Greenbottom Cemetery, Greenbottom, in Cabell County; and

            Whereas, Private Max Farley enlisted in March, 1951, and was sent to Germany for the Allied Occupation of that country following World War II. He was prevented from going to Korea, as he wanted to fight, by his mother when she called her U. S. Senator and told him that she had one son killed in Korea and did not want another one to suffer the same fate; and

            Whereas, Private Max Farley was blocked from entering the Korean War for months until it was opened up to volunteer status and his mother could not prevent him from going there and fighting in the war effort. Private Max Farley was assigned to the 40th Infantry Division and received two Bronze Stars for Valor which is given for “Heroism in action against an armed enemy of the United States”. The Bronze Star is the fourth-highest individual military medal that a soldier can receive; and

            Whereas, Private Max Farley also served with the 3rd Armored Division’s 894th Tank Destroyer Battalion at Fort Knox for three years with one year in Iceland to provide security to that country against a possible Soviet attack; and

            Whereas, Private Max Farley passed away of lung cancer on June 29, 2007, at the Hospice House in Huntington; and

            Whereas, Both Farley brothers served their country and their state with great distinction of honor, Private Homer Farley having made the ultimate sacrifice. It is fitting and proper that they be remembered and acknowledged for their courageous actions and service; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 6-2-16.38, 0.73 miles south of County Route 1, on Route 2 in Cabell County, West Virginia, the “U. S. Army PFC Homer ‘Clyde’ Farley and U. S. Army PFC Max O. Farley 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 “U. S. Army PFC Homer ‘Clyde’ Farley and U. S. Army PFC Max O. Farley Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, C. David Farley and the families of U. S. Army PFC Homer “Clyde” Farley and U. S. Army PFC Max O. Farley.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 17 - “Requesting the Division of Highways to name bridge number 13-2-0.01, located in Greenbrier County, the ‘U. S. Army Sgt. James Lee Holcomb Memorial Bridge’.”

            Whereas, James Lee Holcomb was born and raised in Russellville, West Virginia; and

            Whereas, After attending Nuttall High School, James Lee Holcomb enlisted in the United States Army; and

            Whereas, James Lee Holcomb completed his basic training in Fort Benning, Georgia, and went on to serve in the Panama Canal Zone and then in Korea for thirteen months; and

            Whereas, James Lee Holcomb answered the call of duty in Vietnam, where he was wounded twice and received the Combat Infantry Badge and the Bronze Star Medal; and

            Whereas, On November 1, 1966, James Lee Holcomb made the ultimate sacrifice for his country when he was killed in action in Vietnam, leaving behind a wife, two children, his siblings and a host of family and friends; and

            Whereas, It is fitting to honor the life of James Lee Holcomb by naming this bridge as an everlasting tribute to his memory; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 13-2-0.01, located in Greenbrier County, the “U. S. Army Sgt. James Lee Holcomb 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 “U. S. Army Sgt. James Lee Holcomb Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 19 - “Requesting the Division of Highways to name bridge number 022-11/00-7.59, known as the Branchland Beam Span, located 0.12 miles north of State Route 10 in Lincoln County, the ‘U. S. Army Sergeant Paul Norman Chapman Memorial Bridge’.”

            Whereas, Paul Norman Chapman was born October 18, 1919, in Lincoln County, the son of Albert and Norma Chapman of Branchland, Lincoln County. He had a brother, Corporal Lyle Chapman, and sister, Virginia Chapman. He graduated from Guyan Valley High School; and

            Whereas, Paul Norman Chapman enlisted in the United States Army in Huntington, West Virginia, at age twenty; and

            Whereas, Paul Norman Chapman was mortally wounded while effecting a landing under fire at Casablanca on November 9, 1942. An award of the Purple Heart was made posthumously; and

            Whereas, Paul Norman Chapman made the ultimate sacrifice for his country and in doing so represented Branchland, Lincoln County, West Virginia, and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed; and

            Whereas, Naming the Branchland Beam Span bridge in Lincoln County for him is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 022-11/00-7.59, known as the Branchland Beam Span, located 0.12 miles north of State Route 10 in Lincoln County, the “U. S. Army Sergeant Paul Norman Chapman 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 “U. S. Army Sergeant Paul Norman Chapman Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the surviving family members of Sergeant Paul Norman Chapman.

Bills Introduced

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

By Delegates Hunt, Mr. Speaker, Mr. Miley, Campbell, Moore, Fleischauer, Manchin, Boggs, White, Lane, Caputo and Azinger:

            H. B. 4419 - “A Bill to amend and reenact §11-21-12i of the Code of West Virginia, 1931, as amended; to amend and reenact §44-16-1, §44-16-2, §44-16-3, §44-16-4, §44-16-5 and §44-16-6 of said code; to amend said code by adding thereto three new sections, designated §44-16-7, §44-16-8 and §44-16-9, all relating to the creation and maintenance of the West Virginia Children with Autism Trust Fund; creating a tax credit for parents and guardians contributing to a qualified trust fund against personal income tax obligations; providing for the limited carryover of unused tax credits; providing for the tax effects of earnings, proceeds and distributions for qualifying trust funds; making legislative findings; establishing legislative purposes; definitions; providing for the creation of trust fund; establishing eligibility criteria; providing mechanism for disbursements and maintenance; creating administrative account; providing for administration through the State Treasurer; providing for establishment of advisory board; membership of board; establishing reporting requirements; providing rule-making authority”; to the Committee on Finance.

By Delegates M. Poling, Perry, Pino, Staggers and Williams:

            H. B. 4420 - “A Bill to amend and reenact §18B-1B-6 of the Code of West Virginia, 1931, as amended, relating to renaming the administrative heads of the Potomac campus of West Virginia University and the West Virginia University Institute of Technology”; to the Committee on Education.

By Delegates White, Skaff, Boggs, Barrett, Craig, A. Evans, Manchin, Reynolds, Storch, Swartzmiller and Marcum

            [By Request of the Lottery Commission]:

            H. B. 4421 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-30, relating to payment of lottery prizes; and permitting additional forms of payments consistent with current banking practices”; to the Committee on the Judiciary.

By Delegates Manchin, Caputo, Longstreth, Fragale, Jones, Diserio, Pethtel, Manypenny, Ferro, D. Poling and Marcum:

            H. B. 4422 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; to amend said code by adding thereto a new section, designated §33-16D-17; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating to copayments required in certain policies, provisions, contracts, plans or agreements to provide health care benefits; providing that a copayment imposed for services rendered by a licensed occupational therapist, licensed speech-language pathologist or licensed physical therapist may not exceed a copayment imposed for the services of a primary care physician or an osteopathic physician; and prohibiting discrimination based upon the manner or cause of injury or condition”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Craig and R. Phillips:

            H. B. 4423 - “A Bill to amend and reenact §16-2D-5 of the Code of West Virginia, 1931, as amended, relating to the Health Care Authority updating certificate of need standards for the provision of personal care services and recommending any actions that may be necessary to improve the quality and access to personal care services in West Virginia”; to the Committee on Health and Human Resources then the Judiciary.

By Delegate P. Smith:

            H. B. 4424 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-5-15, relating to requiring all classic and antique motor vehicles be assessed at a flat rate of $1,000”; to the Committee on the Judiciary then Finance.

By Delegates White, Marcum, Ferro, Manchin, D. Poling, Caputo, Boggs, Swartzmiller, Craig, Barker and Skaff:

            H. B. 4425 - “A Bill to amend and reenact §15-2-4 of the Code of West Virginia, 1931, as amended, relating to giving the Superintendent of State Police authority to hire additional staff, including legal counsel when necessary”; to the Committee on Finance.

By Delegates R. Phillips, Boggs, Marshall, Tomblin, Sponaugle, Lynch, Skinner, Skaff, Eldridge, Hartman and Campbell:

            H. B. 4426 - “A Bill to amend and reenact §29A-5-2 of the Code of West Virginia, 1931, as amended, relating to contested cases; clarifying that the term ‘agency’ as used in the section refers only to the agency charged with conducting the administrative hearing and not an agency appearing as a party in the proceeding”; to the Committee on Government Organization then the Judiciary.By Delegates R. Phillips, Boggs, Marcum, Tomblin, Sponaugle, Lynch, Skinner, Skaff, Eldridge, Campbell and Hartman

            [By Request of the Transportation Department - Division of Highways]:

            H. B. 4427 - “A Bill to amend and reenact §17C-5A-2 of the Code of West Virginia, 1931, as amended, relating to hearings before the Office of Administrative Hearings; and requiring parties appealing a decision of the Office of Administrative Hearings to serve the petition for appeal on the Office of Administrative Hearings”; to the Committee on Government Organization then the Judiciary.

By Delegate Sponaugle:

            H. B. 4428 - “A Bill to amend and reenact §5-10-2 of the Code of West Virginia, 1931, as amended, relating to providing that Mental Hygiene Commissioners are employees under the Public Employees Retirement System and may receive one year of service credit for each year served and prorated service for any partial year served, up to a maximum of fifteen years credited service”; to the Committee on Pensions and Retirement then Finance.

By Delegates R. Smith, Craig, Andes, Phillips, R. Espinosa, Shott, L. Phillips, Eldridge, Williams, Tomblin and Cadle:

            H. B. 4429 - “A Bill to amend and reenact §22A-2-6 of the Code of West Virginia, 1931, as amended, relating to movement of mining equipment in underground coal mines; requiring that mining equipment being transported or trammed underground where energized trolley wire exists, other than ordinary sectional movement, be done by qualified personnel under supervision of a certified foreman”; to the Committee on Energy then the Judiciary.

By Delegates Sponaugle, Campbell, R. Phillips, Skinner, Tomblin, Skaff, Poore, Manchin, White, Reynolds and Marcum:

            H. B. 4430 - “A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to removing the compensation caps entirely for secretary-clerks and case coordinators in the family court system and allowing the Administrative Director of the Supreme Court of Appeals to set the salary of those employees”; to the Committee on the Judiciary then Finance.

By Delegates Swartzmiller, Diserio, D. Poling, Jones, Boggs, Lynch, Young, R. Phillips, Marcum, Manypenny and Ferro:

            H. B. 4431 - “A Bill to amend and reenact §20-2-37 of the Code of West Virginia, 1931, as amended, relating to clarifying that persons who possess firearms, hunting dogs or other indicia of hunting or taking wildlife in or near fields, woods or streams do not necessarily need to have a hunting license; and requiring the totality of the circumstances be considered before it can be concluded that a person has been hunting, fishing, trapping or taking wildlife”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Guthrie, Hartman, Perry and Ashley

            [By Request of the Insurance Commission]:

            H. B. 4432 - “A Bill to amend and reenact §33-7-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-13-30 of said code, all relating to adopting Principle Based Reserving as the method by which life insurance company reserves are calculated; and providing a phase-in of the new method upon adoption of Principle Based Reserving that has been adopted by forty-two states representing seventy-five percent of a life insurance premium”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Ellington, Arvon, Householder, Howell, Gearheart, Overington, Shott, Sobonya, Miller, Border and Lane:

            H. B. 4433 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6, relating to implementing drug testing for recipients of federal-state and state assistance”; to the Committee on the Judiciary then Finance.

Daily Calendar

Second Reading

            The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:

            Com. Sub. for H. B. 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.

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. 4214, Relating to notice to persons discharged from a mental health facility,

            Com. Sub. for 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,

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

Leaves of Absence

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

            At 11:56 a.m., the House of Delegates adjourned until 10:00 a.m., Friday, February 7, 2014.                                                                                    

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