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House Journal


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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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__________*__________



 

Monday, February 10, 2014

THIRTY-FOURTH DAY

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

 

 

            The House of Delegates met at 1:00 p.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 Friday, February 7, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            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. 4097, Regional Jail and Correctional Facility Authority, criteria and procedures for determination of projected cost per day for inmates,

            H. B. 4102, State Tax Department, municipal sales and service and use tax administration,

            H. B. 4108, Treasurer’s Office, procedure for deposit of monies with the office by state agencies,

            H. B. 4109, Treasurer’s Office, selection of state depositories for disbursement accounts through competitive bidding,

            H. B. 4110, Treasurer’s Office, selection of state depositories for receipt accounts,

            And,

            H. B. 4112, Board of Veterinary Medicine, schedule of fees,

            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. 4097, H. B. 4102, H. B. 4108, H. B. 4109, H. B. 4110 and H. B. 4112) were each referred to the Committee on the Judiciary.

            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. 4040, Bureau of Senior Services, In-home Care Worker Registry,

            H. B. 4043, Treasurer’s Office, procedure for deposit of funds in the Treasurer’s Office by state agencies,

            H. B. 4044, Treasurer’s Office, relating to reporting of debt capacity,

            H. B. 4058, Consolidated Public Retirement Board, Public Employees Retirement System,

            H. B. 4063, Department of Environmental Protection, voluntary remediation and redevelopment,

            H. B. 4066, State Election Commission , West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program

            H. B. 4088, Municipal Pensions Oversight Board, policemen’s and firemen’s pensions disability calculation,

            H. B. 4092, Racing Commission, thoroughbred racing,

            H. B. 4103, State Tax Department, special reclamation tax credit,

            H. B. 4104, State Tax Department, withholding or denial of personal income tax refunds from taxpayers who owe municipal or magistrate court costs,

            H. B. 4105, Treasurer’s Office, relating to reporting debt,

            H. B. 4106, Treasurer’s Office, procedures for fees in collections by charge, credit or debit card or by electronic payment,

            And,

            H. B. 4107, Treasurer’s Office, providing services to political subdivisions,

            And reports the same back, with amendments, 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. 4040, H. B. 4043, H. B. 4044, H. B. 4058, H. B. 4063, H. B. 4066, H. B. 4088, H. B. 4092, H. B. 4103, H. B. 4104, H. B. 4105, H. B. 4106 and H. B. 4107) 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. 4237, Defining alternative nicotine products and electronic cigarettes,

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

            Com. Sub. for H. B. 4237 - “A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-6, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to restrictions placed on products containing nicotine; defining vapor products and alternative nicotine products; exclusions; limiting the use of and sale of vapor products and alternative nicotine products to persons under the age of eighteen in the same manner as tobacco and tobacco products; prohibiting the sale or furnishing of vapor products and alternative nicotine products to individuals under eighteen years of age; prohibiting the use and possession of vapor products or alternative nicotine product by an individual under eighteen years of age; allowing employers to dismiss an employee for cause for the knowing or intentional sale or furnishing of vapor products or alternative nicotine products to someone under the age of eighteen; allowing for the conduct of unannounced inspections to ensure compliance with sales restrictions; restricting the use of vapor products and alternative nicotine products on school grounds; restricting the sale of vapor products and alternative nicotine products in vending machines; criminal penalties; civil penalties; defenses and rulemaking,”

            And,

            H. B. 4412, Creating a special one-day license for charitable events to sell nonintoxicating beer,

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

            Com. Sub. for 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; and to amend and reenact §60-8-3 of said code, all relating to creating a special one-day license for charitable events to sell certain alcoholic beverages; creating a one-day special one-day license for authorized nonprofit entities to sell nonintoxicating beer at charitable events; clarifying the existing one-day special license for authorized nonprofit entities to sell wine at charitable events; establishing a fee for the special one-day licenses; and rulemaking,”

            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. 4154, Fixing a technical error relating to the motor fuel excise tax,

            And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.

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. 336 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §16-4C-24 and §16-4C-25; and to amend and reenact §30-1-7a of said code, all relating generally to administration of an opioid antagonist; allowing State Police, police, sheriffs and fire and emergency service personnel to possess Naloxone or other approved opioid antagonist to administer in opioid drug overdoses; defining terms; providing for training; establishing training requirements for first responders who may administer opioid antagonists; establishing criteria under which a first responder may administer an opioid antagonist; granting immunity to health care providers who prescribe, dispense or distribute Naloxone or other approved opioid antagonist related to a training program; granting immunity to initial responders who administer or fail to administer an opioid antagonist; providing for data gathering and reporting; allowing a prescription for an opioid antagonist in certain circumstances; establishing responsibility of licensed prescribers; providing for patient family and caregiver education; requiring continuing education of licensed prescribers for administration of an opioid antagonist; and authorizing emergency and legislative rulemaking”; 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 passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 397 - “A Bill to amend and reenact §61-2-29b of the Code of West Virginia, 1931, as amended, relating to clarifying definition of ‘financial exploitation’ of the elderly or certain other protected persons; and declaring that being a guardian, conservator, trustee or attorney or holding power of attorney is statutorily alone not a defense to financial exploitation”; which was referred to the Committee on Senior Citizen Issues then the Judiciary.

Resolutions Introduced

            Delegates Border, Ellem, Raines, D. Poling, Azinger, Hamilton, Espinosa, Cooper, R. Smith, Lynch and Sponaugle offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 80 - “Requesting the Joint Committee on Health study the allocation of emergency room spending on oral health and ancillary costs; compare findings across West Virginia to the incidence of oral health problems in each hospital region; examine the feasibility of funding Smiles for Life programs in the Mid-Ohio Valley; and study the feasibility of creating legislation consistent with the committee’s findings; and propose legislation to achieve this goal.”

            Whereas, The Legislature recognizes the importance of oral health as a component of the overall health and well-being of our people. West Virginia has perennially finished at or near the bottom of rankings of oral health among the states. Many West Virginians face significant obstacles in obtaining dental and oral health resources due to poverty, lack of insurance coverage and other issues and obtain oral health care only in emergency settings; and

            Whereas, The Legislature seeks to address the need to examine how these citizens are obtaining oral health care and how problems in oral health availability may be more efficiently resolved; and

            Whereas, The Legislature believes that greater benefits could accrue to the public if we examine oral health issues to insure resources for oral health were and are allocated in the most optimal fashion; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Health is requested to study the allocation of emergency room spending on oral health and ancillary costs; consider compare findings across West Virginia to the incidence of oral health problems in each hospital region; examine the Smiles for Life program and its efficacy in reducing these problems in the Mid-Ohio Valley; examine the feasibility of funding Smiles for Life programs in the Mid-Ohio Valley; and consider such other information or documentation as the committee may request in order to achieve the goals of this resolution; and, be it

            Further Resolved, That the Committee report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Health.

            Delegates Moye, Eldridge, Perry, Walker, P. Smith, Lynch, Staggers, Young, Pino, Marshall and Ellem offered the following resolution, which was read by the Clerk as follows:

            H. C. R. 81 - “Expressing support of the West Virginia Legislature recognizing February 10, 1954, as the anniversary of the addition of the words, ‘under God’, to the United States Pledge of Allegiance.”

            Whereas, On February 10, 1954, Senator Homer Ferguson of Michigan introduced a bill in the United States Congress to amend the Pledge of Allegiance by adding the words, “under God”, to the text of the pledge; and

            Whereas, February 10, 1954, was chosen as the date to introduce the bill by Senator Ferguson because it was to recognize the five-year anniversary of the imprisonment of Cardinal Joseph Mindszenty of Hungary, who was imprisoned and tortured by Communists for his sermons exposing the goal of Communism to eradicate all religion; and

            Whereas, Speeches were delivered in Congress by members of both political parties, honoring Cardinal Mindszenty and emphasizing the threat posed to America by Communism; and

            Whereas, Upon introduction of the bill, Senator Ferguson commented, “I believe this modification of the pledge is important because it highlights one of the real fundamental differences between the free world and the Communist world, namely, belief in God,” furthering that with, “Our nation is founded on a fundamental belief in God, and the first and most important reason for the existence of our Government is to protect the God-given rights of our citizens. Spiritual values are every bit as important to the defense and safety of our nation as are military and economic values”; and

            Whereas, The vote to add “under God” to the United States Pledge of Allegiance was a unanimous vote; and

            Whereas, On February 7, 1954, President Dwight D. Eisenhower became convinced that adding the words, “under God”, to the United States Pledge of Allegiance would be the right thing to do after hearing Reverend George Docherty preach that the phrase, “nation under God” was first used in the Gettysburg Address were appropriate to be added to the United States Pledge of Allegiance because freedom “is defined by a fundamental belief in God”; and

            Whereas, The first time the United States Pledge of Allegiance was recited was on Flag Day, June 14, 1954; and

            Whereas, It is important to honor such a date which strengthens the ties of history that bind us to our Christian heritage; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the West Virginia Legislature hereby recognizes February 10, 1954, as the anniversary of the addition of the words, “under God”, to the United States Pledge of Allegiance; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the member newspapers of the West Virginia Press Association.

            At the request of Delegate White, and by unanimous consent, reference of the resolution (H. C. R. 81) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

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

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

By Delegates Hamrick, Sobonya, Miller, McCuskey, Ellington, Storch, Fragale, Iaquinta and Butler:

            H. J. R. 106 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article twelve thereof, relating to reforming the West Virginia Board of Education so that its membership is made up of elected and appointed members; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Education then the Judiciary.

Bills Introduced

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

By Delegates Howell, Ferns, Border, Faircloth, Romine, Kump, Folk, Cadle, R. Smith, Arvon and Azinger:

            H. B. 4447 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-10; to amend said code by adding thereto a new section, designated §5A-3-14; to amend and reenact §5A-3-1, §5A-3-3 and §5A-3-17 of said code; and to amend and reenact §61-5A-7 of said code, all relating to state procurement; requiring spending units and subdivisions to purchase commodities and services on a competitive basis except during a declared state of emergency; authorizing the secretary of the Department of Administration to issue a notice to cease and desist when purchases are not made on a competitive basis; clarifying the purposes and policies of the Purchasing Division; clarifying the applicability of the article; authorizing the director of the Purchasing Division to issue a notice to cease and desist when purchases are not made on a competitive basis; requiring the Purchasing Division director to comply with federal law and authorized regulations when a procurement involves the expenditure of federal assistance or contract funds; requiring the Purchasing Division director to offer mandatory annual procurement training; and clarifying any person found to have willfully entered into a contract contrary to the article shall be subject to penalty; establishing criminal offenses for a person or combination of persons, to agree, plan or scheme to submit bids, not to submit bids or to withdraw bids in a manner prearranged among themselves in order to arrive at a predetermined result; and providing criminal penalties upon conviction”; to the Committee on the Judiciary then Finance.

By Delegates Eldridge, R. Phillips, Marcum, Perry, Moye, Hartman and Sponaugle:

            H. B. 4448 - “A Bill to repeal §29-5A-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-5A-1, §29-5A-3, §29-5A-3a, §29-5A-5, §29-5A-6, §29-5A-8, §29-5A-13, §29-5A-17, §29-5A-20, §29-5A-21, §29-5A-22 and §29-5A-24 of said code, all relating generally to the State Athletic Commission; changing the composition of the commission; proposal of rules; authorizing the appointment of an executive director; creating the State Athletic Commission Revenue Fund and providing that all revenues be deposited in and all reimbursed expenses shall be paid from the account; increasing payments to referees, judges and timekeepers; increasing certain licensing fees; and increasing the fines for misdemeanor violations under this article”; to the Committee on Government Organization then Finance.

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

            H. B. 4449 - “A Bill to amend and reenact §11-13BB-3 of the Code of West Virginia, 1931, as amended, relating to including proximity detection systems and cameras used on continuous mining machines and underground haulage equipment for tax credit purposes under the West Virginia Innovative Mine Safety Technology Tax Credit Act”; to the Committee on Energy then Finance.

By Delegates Walker, Young and Guthrie:

            H. B. 4450 - “A Bill to amend and reenact §5-10-18 of the Code of West Virginia, 1931, as amended, relating to permitting any employee hired on or before February 1, 2004, to repurchase prior service credit in the Public Employees Retirement System, under certain conditions”; to the Committee on Pensions and Retirement then Finance.

By Delegates Lawrence, Staggers, Campbell, Morgan and Fleischauer:

            H. B. 4451 - “A Bill to amend and reenact §16-4C-3, §16-4C-4, §16-4C-5 and §16-4C-6 of the Code of West Virginia, 1931, as amended; and to amend said article by adding thereto three new sections, designated §16-4C-4a, §16-4C-4b and §16-4C-5a, all relating to emergency medical services; continuing the Office of Emergency Medical Services as an independent office within the Department of Military Affairs and Public Safety; updating definitions; creating the positions of Executive Director, Medical Director and Administrative Director for the Office; establishing and clarifying the powers and duties of the directors; reconstituting the Emergency Medical Service Advisory Council with nine members; and requirements for the state medical protocols”; to the Committee on Government Organization then Finance.

By Delegates Young, Poore, Ambler, P. Smith, Longstreth, Lynch, Boggs, Pino, Guthrie, Hunt and Barrett:

            H. B. 4452 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-12-16, relating to making it illegal for anyone to photograph a corpse except for certain legitimate purposes; and providing criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Manchin, Longstreth, Ferro, Pino, Sponaugle and Manypenny:

            H. B. 4453 - “A Bill to amend and reenact §48-13-302 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-18-126 of said code, all relating to the calculation of child support obligations and the review and adjustment of child support orders”; to the Committee on the Judiciary.

By Delegates Manchin, Skinner, Caputo, Guthrie, Hunt, Lawrence, Skaff, Sponaugle, Wells, E. Nelson and Ambler:

            H. B. 4454 - “A Bill to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-8-34 of said code, all relating to the sale of alcoholic beverages on Sundays by private licensees; authorizing licensed private clubs to sell nonintoxicating beer, wine and alcoholic liquors between the hours of ten thirty a.m. and one p.m. on Sundays; and authorizing a licensed private bed and breakfast, private wine restaurant or private wine spa to sell wine for consumption on the licensed premises between the hours of ten thirty a.m. and one p.m. on Sundays”; to the Committee on the Judiciary.

By Delegates Manchin, Skinner, Caputo, Guthrie, Hunt, Skaff, Sponaugle, Wells, Ambler and E. Nelson:

            H. B. 4455 - “A Bill to amend and reenact §60-4-3 and §60-4-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §60-6-2 of said code; and to amend and reenact §60-7-11 of said code, all relating to the sale of alcohol by licensed manufacturers; authorizing licensed wineries, farm wineries, distilleries and mini-distilleries to make retail sales of wine and alcoholic liquors manufactured by the winery, farm-winery, distillery or mini-distillery for consumption off the premises on Sundays, beginning at ten thirty a.m.; authorizing licensed wineries, farm wineries, distilleries and mini-distilleries to offer complimentary samples for consumption on the premises on Sundays, beginning at ten thirty a.m.; and authorizing distilleries and mini-distilleries which manufacture less than fifty thousand gallons of alcoholic liquor per year to seek and hold a separate license to operate a private club on the premises of the distillery or mini-distillery; and allowing for the sale of products manufactured on the premises of the distillery or mini-distillery, other than in sealed packages, for consumption on the premises of any such private club”; to the Committee on the Judiciary .

Daily Calendar

Third Reading

            Com. Sub. for H. B. 4214, Relating to persons being discharged from mental health facilities; 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. 52), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, D. Poling 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. 4214) passed.

            On motion of Delegate Manchin, the title of the bill was amended to read 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 persons being discharged from mental health facilities; requiring that mental health facilities offer patients being discharged assistance in identifying and designating a person to serve as durable medical power of attorney; and requiring that such assistance include notifying patients of the advantages of designating a durable medical power of attorney and providing information regarding executing the required documents.”

            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. 4278, Rewriting the procedure by which corporations may obtain authorization from the West Virginia Board of Medicine to practice medicine and surgery; 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. 53), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, D. Poling 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. 4278) passed.

            On motion of Delegate Manchin, the title of the bill was amended to read 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 procedures by which corporations may obtain authorization from the West Virginia Board of Medicine to practice medicine and surgery through the corporation; establishing licensing requirements; requiring an application; establishing shareholder requirements; authorizing the board to establish fees; establishing procedures for medical corporations formed outside of the state; providing notice and procedural requirements for the Secretary of State; authorizing physicians or podiatrists to be employees of a medical corporation; requiring a certificate of authorization; setting forth conditions under which the medical corporation cease operations; and criminal penalty.”

            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. 4336, Relating to state control of county schools; 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. 54), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Andes.

            Absent and Not Voting: Barill, J. Nelson, D. Poling 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. 4336) 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. 4208, Banning synthetic hallucinogens,

            Com. Sub. for H. B. 4283, Raising the minimum wage,

            Com. Sub. for H. B. 4414, Relating to the solicitation of public employees by a candidate for an elective office,

            And,

            H. B. 4421, Allowing the lottery to pay prizes utilizing other payment methods in addition to checks.

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, D. Poling and Walters.

            At 1:41 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 11, 2014.

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