Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Daily Calendar | Journal | Menu |

House Journal


Day 01 (01-08-2014)
Day 02 (01-09-2014)
Day 03 (01-10-2014)
Day 06 (01-13-2014)
Day 07 (01-14-2014)
Day 08 (01-15-2014)
Day 09 (01-16-2014)
Day 10 (01-17-2014)
Day 13 (01-20-2014)
Day 14 (01-21-2014)
Day 15 (01-22-2014)
Day 16 (01-23-2014)
Day 17 (01-24-2014)
Day 20 (01-27-2014)
Day 21 (01-28-2014)
Day 22 (01-29-2014)
Day 23 (01-30-2014)
Day 24 (01-31-2014)
Day 27 (02-03-2014)
Day 28 (02-04-2014)
Day 29 (02-05-2014)
Day 30 (02-06-2014)
Day 31 (02-07-2014)
Day 34 (02-10-2014)
Day 35 (02-11-2014)
Day 36 (02-12-2014)
Day 37 (02-13-2014)
Day 38 (02-14-2014)
Day 42 (02-18-2014)
Day 43 (02-19-2014)
Day 44 (02-20-2014)
Day 45 (02-21-2014)
Day 48 (02-24-2014)
Day 49 (02-25-2014)
Day 50 (02-26-2014)
Day 51 (02-27-2014)
Day 52 (02-28-2014)
Day 56 (03-04-2014)
Day 57 (03-05-2014)
Day 58 (03-06-2014)
Day 59 (03-07-2014)
Day 60 (03-08-2014)
Day 61 (03-09-2014)
Day 62 (03-10-2014)

 

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

 

__________*__________

 

 

Friday, February 7, 2014

THIRTY-FIRST DAY

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

 

            The House of Delegates met at 10:00 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 Thursday, February 6, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            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. 4068, Fire Commission, certification of home inspectors,

            And,

            H. B. 4151, Relating to military members and their spouses who obtain licensure through professional boards,

            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. 4068 and H. B. 4151) were each referred to the Committee on the Judiciary.

            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. 4005, Relating to criminal offenses for child neglect,

            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. 4005) 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. 4208, Banning synthetic hallucinogens,

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

            Com. Sub. for H. B. 4208 - “A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended, and to amend and reenact §60A-2-204; §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code, all relating to amending the lists of scheduled drugs and controlling synthetic drugs,”

            And,

            H. B. 4414, Relating to the solicitation of public employees by an elected officer of the state,

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

            Com. Sub. for 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 of the state or its political subdivisions by a candidate for an elective office; clarify that the solicitation of public employees, in their work place, for contributions, services or other things of value by electronic communications is prohibited; clarifying that solicitations of public employees for contributions, services or other thing of value for a candidate, party or political purpose is prohibited; creating a specific exception for the solicitation of votes outside the workplace; and removing postmasters and federal officers and employees from those persons who may not be solicited,”

            With the recommendation that the committee substitutes each do pass.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 4283, Raising the minimum wage,

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

            Com. Sub. for H. B. 4283 - “A Bill to amend and reenact §21-5C-1, §21-5C-2 and §21-5C-4 of the Code of West Virginia, 1931, as amended, all relating to minimum wage; providing definition for employer; establishing minimum wage amounts; establishing credit amount to employers for employees customarily receiving gratuities and certain other benefits,”

            With the recommendation that the committee substitutes each 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. 4421, Allowing the lottery to pay prizes utilizing other payment methods in addition to checks,

            And reports the same back with the recommendation that it do pass.

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. 353 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1A-3b, relating to timber theft in state forests; authority of Division of Forestry to investigate and enforce violations occurring in state forests managed by the division; a nd adding criminal and civil penalties”; which was referred to the Committee on Agriculture and Natural Resources then the Judiciary.

Resolutions Introduced

            Delegates Perry, Staggers and Pino offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 74 - “Requesting the Division of Highways to name the pedestrian bridge, numbered 10-19/580.01, on U.S. Route 19 near Fayetteville, Fayette County, as the ‘Deputy Roger Lee Treadway Memorial Bridge’.”

            Whereas, Deputy Treadway was born May 5, 1950, in Oak Hill, Fayette County; and

            Whereas, Following his graduation from Fayetteville High School in 1969, Deputy Treadway joined the U.S. Marine Corps and served his country in Vietnam; and

            Whereas, Upon returning home from Vietnam, Deputy Treadway attended the State Police Academy, graduating in November 1973; and

            Whereas, Deputy Treadway spent four and a half years serving first in the Fayetteville Police Department and later in the Fayette County Sheriff’s Department; and

            Whereas, Deputy Treadway was tragically killed in the line of duty on October 8, 1975, near Hico, Fayette County, by an assailant, while he and his partner were rendering aid to a motorist; and

            Whereas, It is fitting to honor Deputy Treadway’s life and service by naming bridge number 10-19/580.01 near Fayetteville after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the pedestrian bridge, numbered 10-19/580.01, on U.S. Route 19 near Fayetteville, Fayette County, as the “Deputy Roger Lee Treadway 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 “Deputy Roger Lee Treadway Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation; and Deputy Treadway’s surviving relatives.

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

            H. C. R. 75 - “Requesting the Division of Highways to name U.S. Route 119 from Clendenin, Kanawha County, to the Kanawha - Roane County line, the ‘Army SPC 4 Marvin Dewayne Canterbury Memorial Highway’.”

            Whereas, Marvin Dewayne Canterbury, was born on July 11, 1942, the son of Ralph M. and Marie A. Canterbury; and

            Whereas, Marvin Dewayne Canterbury was raised in the Clendenin area along with his siblings, Phil R. Canterbury, Rick C. Canterbury and Connie Canterbury Samples; and

            Whereas, As a young man, Marvin Dewayne Canterbury loved to hunt with his father and brothers, or you would often find them fishing on the banks of Sandy Creek; and

            Whereas, Marvin Dewayne Canterbury attended Clendenin public schools, graduating from Clendenin High School in 1960; and

            Whereas, Marvin Dewayne Canterbury was working at the FMC Ordinance facility in South Charleston, West Virginia, when he was inducted into the Army on March 8, 1968; and

            Whereas, After completing basic training, Marvin Dewayne Canterbury was deployed to Vietnam on August 25, 1968; and

            Whereas, While serving with the 2nd Battalion, 22nd Infantry, 5th Infantry Division in Vietnam, Army SPC 4 Marvin Dewayne Canterbury was killed in action by hostile ground fire on February 23, 1969; and

            Whereas, On that fateful day in February 1969, Army SPC 4 Marvin Dewayne Canterbury gave his last full measure of devotion to his country and to his comrades-in-arms; and

            Whereas, Although his parents had since moved to Marietta, Ohio, Army SPC 4 Marvin Dewayne Canterbury was returned “home” one final time to be laid to rest in Kieffer Cemetery, near Clendenin; and

            Whereas, It is only fitting and proper that this stretch of U.S. 119 near where Marvin Dewayne Canterbury lay peacefully resting be named in his honor, and that it henceforth stand as a permanent memorial so that Army SPC 4 Marvin Dewayne Canterbury’s supreme sacrifice will not be forgotten; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways name U.S. Route 119 from Clendenin, Kanawha County, to the Kanawha - Roane County line, the “Army SPC 4 Marvin Dewayne Canterbury Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the road as the “Army SPC 4 Marvin Dewayne Canterbury Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is requested to have made, and be placed, additional signs identifying the road as the “Army SPC 4 Marvin Dewayne Canterbury Memorial Highway” at the junctions of I-79 and North and South 119; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Marvin Dewayne Canterbury and to the Secretary of the Department of Transportation.

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

            H. C. R. 76 - “Requesting that the bridge at the intersection of State Route 37, mile post 3.29, and Big Hurricane Creek in Wayne County be named the ‘Army PFC Richard Lee Lakin Memorial Bridge’.”

            Whereas, PFC Lakin was born December 1, 1923 to James Samuel Lakin and Lydia Frazier Lakin on Big Hurricane Creek in Wayne County, West Virginia. He grew up on the family farm and was a dutiful son assisting his father, mother, brother and sisters with burdensome work of making a living; and

            Whereas, PFC Lakin was educated in the Wayne County schools, first in a one-room school. After graduating from Fort Gay High School, PFC Lakin was employed as a welder in the Norfolk, Virginia shipyard. He was faithful to the Big Hurricane Missionary Baptist Church where he was a member; and

            Whereas, When the United States was thrust abruptly into war after the dastardly deed at Pearl Harbor, PFC Lakin bid his time until he became of age, then enlisted in the U.S. Army. With that, he joined a long list of Lakin relatives who served their country in the military: father, brother, uncles, nephew and cousins; and

            Whereas, After several assignments, PFC Lakin was sent to Europe, serving in the 17th Armored Infantry Battalion, 12th Armored Division, and was in fierce combat during the Battle of the Bulge when he fell and died on January 17, 1945 at Herrlisheim, France; and

            Whereas, As part of a massive return of servicemen’s remains, PFC Lakin’s remains, that had been previously buried on foreign soil at Epinol, France, were returned to United States on April 16, 1948. He was laid to rest in the family cemetery near Fort Gay, West Virginia, also known as the James Ferguson Cemetery. The Vancouver Post of the American Legion officiated at the grave and PFC Lakin’s funeral and procession were the largest ever seen on Big Hurricane Creek; and

            Whereas, The service at PFC Lakin’s own church was conducted by his famous uncle, world-wide evangelist Dr. Bascom Ray Lakin and attended by over a thousand people. His mother was so distraught and heartbroken after the burial of her son that she walked two miles every day for months to the cemetery and back home to decorate his grave; and

            Whereas, PFC Lakin’s posthumous awards and medals include the Purple Heart, the Bronze Star, the Combat Infantry Badge, the European Theater Medal with two Bronze Stars and the World War II Victory Medal; and

            Whereas, It is fitting that an enduring memorial be established to commemorate this native son who gave the ultimate sacrifice for his state and his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge at the intersection of State Route 37, mile post 3.29, and Big Hurricane Creek in Wayne County the “Army PFC Richard Lee Lakin 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 PFC Richard Lee Lakin 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, Army PFC Richard Lee Lakin’s family, Herbert Wellman, Jr., Fort Gay Veteran Park Committee Chairman and Tony Perry, Pastor of the Big Hurricane Missionary Baptist Church representing the church’s many members who signed the petition to have this bridge named in PFC Lakin’s honor and memory.

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

            H. C. R. 77 - “Requesting the Division of Highways to name bridge number 13-64-179.36 on Interstate 64 East, also known as the Mountain Avenue Bridge, in White Sulphur Springs, Greenbrier County, the ‘U.S. Army Private Eskridge A. Waggoner Memorial Bridge’.”

            Whereas, Eskridge Allen Waggoner was born on June 2, 1910, in Alvon, Greenbrier County, the oldest son of the late Lloyd M. and Minnie Boggs Waggoner; and

            Whereas, Eskridge A. Waggoner attended the Hull School until eighth grade and helped on the family farm; and

            Whereas, Eskridge A. Waggoner was a self-taught mechanic and handyman; and

            Whereas, Following the death of his wife, Edna Coulter Waggoner, Eskridge A. Waggoner enlisted in the U.S. Army on February 20, 1942, at Fort Thomas, Newport, Kentucky; and

            Whereas, Private Eskridge A. Waggoner was a scout for his company when it assaulted the Salerno Beach Head in Italy on September 9, 1943. Against intense artillery and machine gun fire from the well entrenched enemy positions, Private Waggoner moved inland from the shore advancing toward the assigned objective when he spotted several enemy machine gun nests. Knowing that his comrades must be warned of the exact location of the guns and aware that by doing so he would give his own location to the enemy and expose himself to their fire, Private Waggoner deliberately opened fire with tracer bullets, thereby marking the danger spots for his fellow soldiers; and

            Whereas, During this action, Private Eskridge A. Waggoner was killed by an enemy sniper; and

            Whereas, The valiant sacrifice of Private Eskridge A. Waggoner gave his company time to consolidate and move against the enemy with concerted action and helped save the lives of many American soldiers and contributed greatly to the success of the invasion; and

            Whereas, Private Eskridge A. Waggoner was posthumously awarded the Silver Star on October 23, 1944, for his gallant action; and

            Whereas, It is fitting and proper, that U.S. Army Private Eskridge A. Waggoner 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 13-64-179.36 on Interstate 64 East, also known as the Mountain Avenue Bridge, in White Sulphur Springs, Greenbrier County, the “U.S. Army Private Eskridge A. Waggoner 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 “U.S. Army Private Eskridge A. Waggoner 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 Private Eskridge A. Waggoner.

            Delegates Eldridge, Barker, Hartman, Sponaugle, Lynch and Campbell offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 78 - “Requesting the Division of Highways to name the bridge crossing Fourteen Mile Creek on Route 10 at the mouth of Barberry Road, Ranger, Lincoln County, as the ‘Army PFC Cornelious Wiley Memorial Bridge’.”

            Whereas, PFC Wiley was born May 24, 1921, in Ranger, Lincoln County, West Virginia; and

            Whereas, PFC Wiley served in the Army 80th Division, 905th Field Artillery Battalion; and

            Whereas, PFC Wiley died serving his country on September 1, 1944; and

            Whereas, It is fitting to honor PFC Wiley’s life and service by naming the bridge at the mouth of Barberry Road after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name the bridge crossing Fourteen Mile Creek on Route 10 at the mouth of Barberry Road, Ranger, Lincoln County, as the “PFC Cornelious Wiley Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Army PFC Cornelious Wiley Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation; and PFC Wiley’s surviving relatives.

            Delegates Cadle, Arvon, Boggs, Butler, Espinosa, A. Evans, Folk, Householder, Howell, Ireland, Romine, Rowan, Shott and Sumner offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 79 - “Requesting the Division of Highways to name bridge number 27-19- 0.42, commonly known as the Lane Street Bridge, located on Lane Street, Old Route 33, in New Haven, Mason County, the ‘Ord Brothers Memorial Bridge’.”

            Whereas, Milton “Mit” Ord and Charles Richard “Dick” Ord were the sons of the late Harry and Jenny Ord of New Haven, West Virginia, and the brothers of Della, Erma and John; and

            Whereas, Milton “Mit” Ord and Dick Ord both joined the U.S. Army but at different times; and

            Whereas, Milton “Mit” Ord and Dick Ord were both prisoners of war in World War II but were captured in different countries and held in different camps; and

            Whereas, Milton “Mit” Ord was captured in Africa and held in captivity for thirty-three months; and

            Whereas, Charles Richard “Dick” Ord was captured in Germany during the Battle of the Bulge and held in captivity for five months; and

            Whereas, On April 25, 1945, Charles Richard “Dick” Ord was liberated by Americans near Wertzen, Germany; and

            Whereas, While waiting to be transported by truck to France and back to the United States, Charles Richard “Dick” Ord had volunteered to type the names of other soldiers waiting for transport when he came upon a familiar name, his brother’s; and

            Whereas, Charles Richard “Dick” Ord enlisted the assistance of his Sergeant in locating his brother, Milton “Mit” Ord; and

            Whereas, Although they enlisted in the service at different times, were captured in different countries, were held in different camps, and were liberated by different countries, the Ord brothers ended up in the same place in Germany at the same time; and

            Whereas, After the brothers found each other, Milton “Mit” Ord and Charles Richard “Dick” Ord stayed together until they arrived back in New Haven, West Virginia; and

            Whereas, Following their leave in New Haven, Milton “Mit” Ord reenlisted in the armed services and Charles Richard “Dick” Ord finished his service in Arkansas before going to college, getting married and starting his career at the Mason County Bank; and

            Whereas, It is fitting and proper, that Milton “Mit” Ord and Charles Richard “Dick” Ord be remembered and acknowledged for their dedicated service to their country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 27-19-0.42, commonly known as the Lane Street Bridge, located on Lane Street, Old Route 33, in New Haven, Mason County, the “Ord Brothers Memorial Bridge”; and, be it

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

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the surviving family of Milton “Mit” Ord and Charles Richard “Dick” Ord.

Bills Introduced

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

By Delegates Barrett, Morgan, Guthrie, Reynolds, Caputo, Iaquinta and Diserio:

            H. B. 4434 - “A Bill to amend and reenact §51-10-1, §51-10-2, §51-10-3, §51-10-4, §51-10-5, §51-10-6, §51-10-7, §51-10-8, §51-10-9 and §51-10-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §51-10-5a, all relating generally to bail bondsmen in criminal cases; defining terms; granting the Insurance Commissioner of West Virginia licensing and regulatory authority; setting forth additional qualifications; setting forth licensing requirements; setting forth bonding requirements; requiring notice be given; prohibiting certain persons from recommending specific bondsmen; increasing a monetary penalty; and making stylistic changes”; to the Committee on the Judiciary.

By Delegates White, Arvon, Boggs, Canterbury, Moye, O’Neal, Perry, M. Poling, Reynolds, Walters and Marcum:

            H. B. 4435 - “A Bill to amend and reenact §12-1-12d of the Code of West Virginia, 1931, as amended, relating to adding West Virginia School of Osteopathic Medicine to the list of state institutions of higher education that are permitted to invest certain moneys with its foundation and establishing a cap on the amount of moneys that it may invest”; to the Committee on Education then Finance.

By Delegates E. Nelson, Skaff, Storch, Pasdon, Reynolds, Skinner, Manchin, Espinosa, Ambler, Poore and Hunt:

            H. B. 4436 - “A Bill to amend and reenact §60-1-5 of the Code of West Virginia, 1931, as amended, relating to providing exceptions to the definition of ‘public place’”; to the Committee on the Judiciary.

By Delegates Perry, Morgan, Eldridge, Campbell and M. Poling

            [By Request of the Juvenile Services]:

            H. B. 4437 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §49-5E-6a and §49-5E-6b, all relating to the Division of Juvenile Services; authorizing the Director of Juvenile Services to establish juvenile trustee accounts and funds for earnings and personal property of juveniles; creating a juvenile benefit fund; and including residents of the Division of Juvenile Services as a division designated to receive and disburse such funds”; to the Committee on the Judiciary.

By Delegates Armstead, Anderson, Azinger, Butler, Canterbury, Ferns, Folk, Frich, Gearheart and E. Nelson:

            H. B. 4438 - “A Bill to repeal §55-7-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §55-7-13a, §55-7-13b and §55-7-13c, all relating to comparative fault; abolishing joint liability; providing that damages be allocated to a defendant held liable be in direct proportion to that defendant’s percentage of fault; providing for a method of assessing fault of the parties; providing exceptions; providing for severability; and defining terms”; to the Committee on the Judiciary.

By Delegates Manypenny, Barrett, Young, Iaquinta, Moore, Longstreth, Hamilton, Walker, Mr. Speaker, Mr. Miley, Sponaugle and Wells:

            H. B. 4439 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-11, relating to granting the Department of Agriculture the authority to create and maintain a program to encourage, support and develop West Virginia veterans into the field of agriculture; creating the Veterans and Warriors to Agriculture Fund; making findings and establishing intent; exempting the Department of Agriculture from certain competitive bidding requirements; requiring state departments to work together; setting forth funding requirements; and setting forth disbursements”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates E. Nelson, Storch, Lane, Armstead, O’Neal, Craig, Skaff, Shott, Espinosa, Manchin and Hunt:

            H. B. 4440 - “A Bill to amend and reenact §3-8-5b of the Code of West Virginia, 1931, as amended, relating to the filing of financial statements with the Secretary of State; providing that these must be an electronic format; and providing for exceptions in the case of hardship”; to the Committee on the Judiciary.

By Delegates Cadle, Eldridge, R. Phillips, Barill, Perry, Staggers, Iaquinta, Miller and Butler:

            H. B. 4441 - “A Bill to amend and reenact §61-7-11a and §61-7-14 of the Code of West Virginia, 1931, as amended, all relating to dangerous weapons; permitting a teacher who holds a valid license to carry a concealed deadly weapon to carry that weapon on the school property for the protection of students and school employees if approved in writing by the county board of education and the teacher has passed a drug test; providing that the teacher’s name may not be published as the holder of a license to carry a concealed deadly weapon; and making stylistic changes”; to the Committee on Education then the Judiciary.

By Delegates Miller, Sobonya, Craig, Lynch, McCuskey, Ferro, L. Phillips, Pethtel, Hunt and Staggers:

            H. B. 4442 - “A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to adding law-enforcement officers’ contact information to the list of exemptions from public records requests”; to the Committee on the Judiciary.

By Delegates Eldridge, Hartman, Barrett, Campbell and Lynch:

            H. B. 4443 - “A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to preventing certain current or former spouses, current or former sexual or intimate partners, parents, guardians and household members from seeking to have their criminal records expunged”; to the Committee on the Judiciary.

By Delegates Ambler, Perry, Barill, Pasdon, Fragale, Cooper, Campbell, D. Evans, Pethtel and Sumner:

            H. B. 4444 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-1b, relating to increasing pay to teachers and service personnel by one percent a year, for three years”; to the Committee on Education then Finance.

By Delegates Eldridge, Hartman, Barrett, Fleischauer, Campbell, Hamilton, Lynch and Sponaugle:

            H. B. 4445 - “A Bill to amend and reenact §61-2-9 and §61-2-28 of the Code of West Virginia, 1931, as amended, all relating generally to crimes against the person; and modifying the definition of ‘battery’ and ‘domestic battery’ to conform with federal laws”; to the Committee on the Judiciary.

By Delegates Perdue, Fleischauer, Campbell, Ellington, Guthrie, Moye and Staggers

            H. B. 4446 - “A Bill to amend and reenact chapter forty-nine of the Code of West Virginia, 1931, as amended, all relating to revising, arranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare”; to the Committee on Health and Human Resources then the Judiciary.

Daily Calendar

Third Reading

            Com. Sub. for H. B. 4010, Creating the Uniform Real Property Electronic Recording Act; 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. 50), and there were--yeas 88, nays 3, absent and not voting 9, with the nays and absent and not voting being as follows:

            Nays: Frich, Lynch and Romine.

            Absent and Not Voting: Andes, Azinger, Barill, Craig, Moore, J. Nelson, L. Phillips, R. Phillips and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4010) passed.

            On motion of Delegate Manchin, the title of the bill was amended to read 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; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring county clerks who implement 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 enter into agreements 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; requiring 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 establishing the relationship between this act and the federal Electronic Signatures in Global and National Commerce Act.”

            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. 4220, Relating to waiver of jury trial in claims arising from consumer transactions; 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. 51), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Azinger, Barill, Craig, Moore, J. Nelson, L. Phillips, R. Phillips and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4220) passed.

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

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

            Com. Sub. for H. B. 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 Andes, Azinger, Barill, Craig, Moore, J. Nelson and L. Phillips, R. Phillips and Raines.

Remarks by Members

            Delegate Hamilton asked and obtained unanimous consent that the remarks of Delegate Kump regarding last evening’s public hearing on H. B. 4007, Prohibiting any state entity from forcing currently owner-occupied residences to be required to participate in a public sewer, be printed in the Appendix to the Journal.

            At 10:47 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, February 10, 2014.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****