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House Journal


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Eighty-first Legislature

Second Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg



__________*__________



 

Tuesday, February 11, 2014

THIRTY-FIFTH DAY

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

 

 

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Timothy R. Miley, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Monday, February 10, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate White, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.

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. 4343, West Virginia Project Launchpad Act,

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

            Com. Sub. for H. B. 4343 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11, §5B-2I-12, §5B-2I-13, §5B-2I-14, §5B-2I-15, §5B-2I-16, §5B-2I-17, §5B-2I-18, §5B-2I-19, §5B-2I-20, §5B-2I-21, §5B-2I-22, §5B-2I-23, §5B-2I-24, §5B-2I-25, §5B-2I-26, §5B-2I-27, §5B-2I-28, §5B-2I-29, §5B-2I-30, §5B-2I-31, §5B-2I-32, §5B-2I-33, §5B-2I-34, §5B-2I-35, §5B-2I-36, §5B-2I-37, §5B-2I-38, §5B-2I-39, §5B-2I-40 and §5B-2I-41; to amend said code by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11-6L-7; and to amend said code by adding thereto a new article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16, §11-21A-17 and §11-21A-18, all relating generally to economic development and job creation; creating the West Virginia Project Launchpad Act; providing short title; providing legislative purpose and finding; defining certain terms; providing criteria for establishment of West Virginia project launchpads by Governor; allowing county commissions and county councils to apply for launchpad designations; providing for form and content of applications; specifying process for review of applications and criteria for designating geographic areas as launchpads and for expansion and decertification of launchpads; providing economic benefits for businesses locating or expanding in launchpads including state and local tax relief and other economic benefits; prohibiting qualified businesses in a launchpad from employing illegal aliens, engaging in illegal activity or being delinquent in payment of state and local taxes; permitting transfer of economic benefits to successor businesses; requiring qualified business to comply with applicable zoning laws and state and local building and other codes; providing for recapture of taxes and other economic benefits under specified circumstances; promulgation of rules; imposing civil and criminal penalties for noncompliance; providing rules of application and construction; requiring periodic reports to Governor and Legislature; providing for severability and expiration; providing a special method for appraising property in launchpad for economic development; providing short title; defining certain terms; providing method of valuation of launchpad property; providing for initial determination of value by assessor and for protest and appeals; requiring periodic reports to Governor and Legislature and specifying effective dates; creating the Promoting West Virginia Employment Act; providing short title and scope of article; defining certain terms; providing qualification for benefits; specifying benefits upon application and review; specifying annual cap on benefits; providing for recapture of benefits; providing for administration and enforcement of article including issuance of regulations; requiring periodic reports to Governor and Legislature; and specifying effective dates,”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

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

            And,

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

            And reports the same back with the recommendation that they 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. 4402, Providing a procedure for the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor,

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

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

            With the recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

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

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

            Com. Sub. for H. B. 4298 - “A Bill to amend and reenact §6B-2-1 of the Code of West Virginia, 1931, as amended, relating to changing the experience requirements of the composition of the members of the West Virginia Ethics Commission,”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on Education has had under consideration:

            H. B. 4270, Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center, 

            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. 4270) was referred to the Committee on Finance.

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

            Your Committee on Education has had under consideration:

            H. B. 4188, Updating the authority and responsibility of the Center on Nursing,

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

            Com. Sub. for H. B. 4188 - “A Bill to repeal §30-7B-8 and §30-7B-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18C-3-4; and to amend and reenact §30-7B-1, §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6 and §30-7B-7 of said code, all relating to recruitment and retention of nurses in the state; codifying Nursing Scholarship Program; modifying program administration; specifying program criteria, eligibility and awards; specifying recipient service or repayment requirement; continuing the Center for Nursing Fund special revenue account; modifying account administration, revenues and expenditures; continuing the West Virginia Center for Nursing; modifying center powers, duties and purpose; reorganizing the center’s board of directors; modifying board membership, powers and duties; authorizing board member expense reimbursement; requiring cooperation among Higher Education Policy Commission, Center for Nursing and Board of Directors; defining terms; requiring legislative rule; authorizing emergency rule; requiring reports to the Legislative Oversight Commission on Health and Human Resources Accountability and the Legislative Oversight Commission on Education Accountability; deleting obsolete provisions; and making technical changes,”

            And,

            H. B. 4394, Relating to the filling of professional personnel positions in the public schools,

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

            Com. Sub. for H. B. 4394 - “A Bill to amend and reenact §18A-2-2, §18A-2-3 and §18A-2-7a of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1 of said code; and to amend and reenact §18A-4-7a, all relating to the filling of professional personnel positions in the public schools; adjusting dates for certain notices to accommodate flexibility in the beginning date of the instructional term; changing deadline for classroom teacher to give written notice of retirement and be paid bonus; defining critical need and shortage for substitute teachers; creating deadline for retirement before employment as substitute; requiring posting of positions on statewide job bank; removing funding for positions not posted as required; changing expiration date for provisions authorizing extended employment of retirees as substitutes; expanding purposes of statewide job bank; requiring uniform application and process for positions posted on job bank; requiring information on loan forgiveness on job bank; defining critical need and shortage area position; requiring continuous posting on job bank; requiring certain other positions to be posted as critical need and shortage positions; correcting references to outdated provisions; requiring issuance of additional content area certifications upon submission of certain test scores; clarifying certain provisions in teacher in residence program agreement; requiring principals and teachers to consider certain qualifications in making recommendation for employment of classroom teacher and document consideration; limiting resignation and employment in another county in professional positions after twentieth prior to instructional term subject to certain exception; requiring position postings on county website and statewide job bank and requiring information on loan forgiveness programs applicable to position; and making technical improvements,”

            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. 4159, Updating the meaning of federal adjusted gross income and certain other terms,

            H. B. 4345, Relating to the West Virginia State Police Retirement System,

            H. B. 4364, Relating to the Public Employees Retirement System,

            And,

            H. B. 4366, Clarifying that the Teachers' Retirement System annuity calculation for a member with reciprocal service credit shall be based on the final average salary calculation,

            And reports the same back with the recommendation that they each do pass.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

            H. C. R. 42 Biggert-Waters Flood Insurance Reform Act of 2012.

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendment was reported by the Clerk:

            On page three by striking out everything after the twelfth Whereas clause and inserting in lieu thereof the following:

            Resolved by the Legislature of West Virginia:

            That the Legislature expresses the support of urging Congress to revise the Biggert-Waters Flood Insurance Reform Act of 2012; and, be it

            Further Resolved, That the Legislature hereby strongly urges the United States Congress to revisit and revise the Biggert-Waters Flood Insurance Reform Act of 2012 in hopes that the unfair burden and hardship placed on West Virginia residents and businesses can be removed; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to all members of the United States Senate representing West Virginia, all members of the West Virginia congressional delegation, the Majority Leader of the United States Senate and the Speaker of the United States House of Representatives.

            And,

            By amending the title of the resolution to read as follows:

            H. C. R. 42 - “Expressing the support of the Legislature urging Congress to revise the Biggert-Waters Flood Insurance Reform Act of 2012.”

            The question now being on the adoption of the resolution, Delegate Caputo demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 55), 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, Paxton and D. Poling.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 42) adopted.

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

            A message from the Senate, by

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

            S. B. 426 - “A Bill to amend and reenact §18B-1B-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-2A-1 of said code; and to amend and reenact §18B-2B-4 of said code, all relating to higher education; appointment of members to the Higher Education Policy Commission; appointment of members to the institutional boards of Governors; and appointment of members to the West Virginia Council for Community and Technical College Education”; which was referred to the Committee on Education.

            A message from the Senate, by

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

            S. B. 470 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §52-2-16, relating to grand jury juror questionnaire forms; protecting the information contained in the forms; and requiring written permission of the circuit court to release the questionnaires”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

            Delegates Caputo, Craig, Marcum, R. Phillips, Moye, Perry, Stephens, Walker, Reynolds,

D. Poling and Ferro offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 9 - “Urging the U.S. Environmental Protection Agency to develop guidelines that support the lead role of states in regulating carbon dioxide emissions from existing power plants.”

            Whereas, A reliable and affordable energy supply is vital to West Virginia’s economic growth, jobs, and the overall interests of its citizens; and

            Whereas, West Virginia supports an all-the-above energy strategy because it is in the best interest of West Virginia and the Nation; and

            Whereas, The United States has abundant supplies of coal that provide economic and energy security benefits; and

            Whereas, Coal provides affordable and reliable electricity to the citizens of West Virginia; and

            Whereas, Carbon regulations for existing coal-fueled power plants could threaten the affordability and reliability of West Virginia’s electricity supplies and risk substantial job losses through the premature closure of power plants that have just invested in pollution controls to meet the U.S. EPA’s recent mercury regulations; and

            Whereas, Carbon dioxide emissions from U.S. coal-fueled power plants represent only three percent of global anthropogenic greenhouse gas emissions; and

            Whereas, The U.S. Energy Information Administration projects that U.S. electric sector carbon dioxide emissions will be fourteen percent below 2005 levels in 2020 and that carbon dioxide emissions from U.S. coal-fueled power plants will be nineteen percent below 2005 in 2020; and

            Whereas, On June 25, 2013, The President directed the Administrator of the U.S. EPA to issue standards, regulations, or guidelines to address carbon dioxide emissions from new, existing, modified, and reconstructed fossil-fueled power plants; and

            Whereas, The President expressly recognized that the states “will play a central role in establishing and implementing carbon standards for existing power plants”; and

            Whereas, The Clean Air Act requires EPA to establish a “procedure” under which each state shall develop a plan for establishing and implementing standards of performance for existing sources within the state; and

            Whereas, The Clean Air Act expressly allows states, in developing and applying such standards of performance, “to take into consideration, among other factors, the remaining useful life of the existing source to which such standard applies”; and

            Whereas, EPA’s existing regulations provide that states may adopt “less stringent emissions standards or longer compliance schedules” that EPA’s guidelines based on factors such as “unreasonable cost of control”, “physical impossibility of installing necessary control equipment”, or other factors that make less stringent standards or longer compliance times “significantly more reasonable”; and

            Whereas, It is in the best interest of electricity consumers in West Virginia to continue to benefit from reliable, affordable electricity provided by coal-based electricity generating plants; therefore, be it

            Resolved by the House of Delegates:

            That West Virginia urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of West Virginia and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of West Virginia and other states; and, be it

            Further Resolved, That EPA should issue guidelines and approve state-established performance standards that are based on reductions of carbon dioxide emissions achievable by measures undertaken at fossil-fueled power plants; and, be it

            Further Resolved, That EPA should allow West Virginia and other states to set less stringent performance standards or longer compliance schedules for power plants within their jurisdiction; and, be it

            Further Resolved, that West Virginia and other states should be given maximum flexibility by EPA to implement carbon dioxide performance standards for fossil-fueled power plants within their jurisdiction; and, be it

            Further Resolved, That the Clerk of the House forward a copy of this resolution to the federal Environmental Protection Agency.

            Delegates Skaff, Wells, Guthrie, Poore, Armstead, E. Nelson, Patrick Lane, Mark Hunt, Walters and McCuskey offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 82 - “Requesting the Division of Highways to name bridge number 20-79-1.95 on Interstate 79 in Kanawha County, the ‘Army Staff Sergeant Kenneth Amick Memorial Bridge’.”

            Whereas, Staff Sergeant Amick was fired up with patriotism when he joined the United States Army Air Forces during his senior year at Stonewall Jackson High School; and

            Whereas, Two years after enlisting Staff Sergeant Amick went to England to fight in World War II; and

            Whereas, In 1943 Staff Sergeant Amick married Edith Sayre and wrote to his wife the entire time he was overseas, always careful never to reveal his location; and

            Whereas, Staff Sergeant Amick served as a flight engineer and tail gunner with the B-24 Liberators, 68th Squadron, the 44th Bombardment Group whose logo was the “Flying Eight Balls”; and

            Whereas, Staff Sergeant Amick returned home safely after the war and joined the National Guard; and

            Whereas, While Staff Sergeant Amick’s marriage ended in divorce, he and his wife had one son, Robert Amick; and

            Whereas, Staff Sergeant Amick along with eighteen other National Guardsmen were killed when their C-47 slammed into a mountain at the Kanawha Airport on April 8, 1951; and

            Whereas, In 2001 Staff Sergeant Amick’s ex-wife Edith Amick Massie accidentally met Jean Lacey whose husband was to be on that fatal National Guard flight, but his schedule changed; and

            Whereas, Edith Amick Massie began talking with Jean Lacey, who was from England, about a trip she and her granddaughter Heather were going to take to England; and

            Whereas, After talking with Ms. Lacey, Ms. Massie retrieved Staff Sergeant Amick’s letters from England that were in a cedar chest and decided to visit the airfield where he had been stationed; and

            Whereas, During the May 2002 trip to England Ms. Massie had difficulty in finding the airfield that was located somewhere in the Shipdham countryside, so she stopped in a tavern and asked for directions; and

            Whereas, While at the tavern a retired Royal Air Force pilot showed Ms. Massie and her granddaughter Heather pictures of the 44th Bombardment Group taken from 1942 to 1945 that were still displayed on the tavern walls; and

            Whereas, When they reached the last of the photographs Ms. Massie could hardly believe her eyes upon seeing Staff Sergeant Amick’s picture and joyfully exclaimed, “Heather! Heather! There he is!”; and

            Whereas, The tavern owner gave them the photograph and also informed them about D.D. Dodd who operated a museum dedicated to the 44th Bombardment Group; and

            Whereas, After visiting the museum, Mr. Dodd took them on a grand tour of the airfield and the remaining hangar and Ms. Massie took photographs of the symbolic “Flying Eight Balls” logo that was still painted on the control tower; and

            Whereas, Staff Sergeant Amick’s granddaughter Heather returned home to Maryland with a substantial amount of information about her grandfather that she shared with her brothers, Cameron and Mark, and her father, Staff Sergeant Amick’s son, Robert Amick who had been only six when his father died; and

            Whereas, It is fitting to honor Staff Sergeant Kenneth Amick for his commitment, dedication and service to his country and his state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 20-79-1.95 on Interstate 79 in Kanawha County, the “Army Staff Sergeant Kenneth Amick Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Army Staff Sergeant Kenneth Amick 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, his son, Robert Amick and Edith Amick Massie.

            Delegates Azinger, Iaquinta, Cooper, Paxton, Williams, Sobonya, Frich, Rowan, A. Evans, Romine, Hamilton, Eldridge and Kinsey offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 83 - “Requesting Congress erect a national monument to motherhood, with a special emphasis placed on those mothers whose children have served in the armed forces of the United States and especially those mothers whose children have given their lives in service to their country, to be located in West Virginia.”

            Whereas, West Virginia is the birth place of Mother’s Day founded by Anna Jarvis of Grafton, West Virginia; and

            Whereas, Though some forty-two million men and women have served in our armed forces, all of whom were born and nurtured by a mother, West Virginia has had more sons and daughters die for our freedom per capita than any other state. West Virginia, more than most states, had sons fighting for both the North and South during the Civil War, tearing families apart and causing mothers great pain. In addition, West Virginia has 1ed the way with women in uniform; and

            Whereas, West Virginia's natural beauty, and long history of service by its people when called by their country in times of crisis, would be a fitting setting for a national memorial to honor motherhood and especially the mothers of service men and women; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby urges Congress to erect a national monument to motherhood, with a special emphasis placed on those mothers whose children have served in the armed forces of the United States and especially those mothers whose children have given their lives in service to their country, be located in West Virginia; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the West Virginia Veteran’s Coalition; the West Virginia congressional delegation; each remaining member of the United States Congress; and the President of the United States.

            Delegates Marcum, White, Moore, Kinsey, Barker, Tomblin, R. Phillips, Eldridge, Hunt, Caputo and D. Poling offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 84 - “Requesting that bridge number 30-3/5-13.59 (30A016) on County Route 3/5 in Mingo County, West Virginia, locally known as the Bailey Branch Pony Truss, the ‘The Baisden Family Memorial Bridge’.”

            Whereas, Landen Baisden, Sr. was born on January 5, 1928 and passed away on October 28, 2011; and

            Whereas, Fannie Baisden was born on March 5, 1926 and passed away on March 18, 2011; and

            Whereas, Landen and Fannie Baisden shared their life together for 65 years in Dingess, West Virginia and had six children: Myrtle Preece, Landen Baisden, James Ed Baisden, Gary Baisden, Bruce Baisden and a newborn son who passed away after only a few short days of life, Bobby Lee Baisden. They also had twenty grandchildren and thirty-five great-grandchildren at the time of their deaths; and

            Whereas, Landen Baisden, Sr. was a coal miner before becoming disabled in a mining accident in 1959, when he was 32, that left him paralyzed. After being confined to a wheelchair, he took up several hobbies: repairing children’s bicycles, collecting baseball cards and bee keeping; and

            Whereas, Landen Baisden, Sr. was an avid Cincinnati Reds fan and a member of the Mt. Hope Freewill Baptist Church. He loved spending time with his family and having people over to have church with him. Landen Baisden, Sr. always gave great advice and no one ever heard him say a bad word about anyone; and

            Whereas, Fannie Baisden was a stay-at-home mother and took care of her husband, Landen. She also babysat all of her grandchildren and great-grandchildren. Fannie Baisden cooked dinner every Sunday for the entire family. Her hobbies were collecting whatnots and Barbie dolls. Fannie Baisden also attended church at the Mt. Hope Freewill Baptist; and

            Whereas, Katherine Baisden was born September 10, 1952 and left this world to be with God on February 2, 1992. She was married to Landen Baisden, Jr., and they also lived in Dingess. Together they had seven children: Tammy Runyon, Landen Baisden III, Jennifer Copley, Jason Baisden, Sarah Queen, Matthew Baisden and Amanda Kolkedy, and a stepdaughter, Machelle McCormick. Katherine Baisden loved children and would have loved the twenty grandchildren that there are now. She was able to only meet two of them before her death; and

            Whereas, Katherine Baisden was a first grade teacher, and her goal was that no student leave her classroom without being able to read. An award that is given out in her honor every year at the Dingess Elementary School. Katherine Baisden was also a Sunday school teacher and a church member where she sang in a gospel group and played piano; and

            Whereas, It is fitting that an enduring memorial be established to commemorate these three individuals who meant so much to their family and their community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 30-3/5-13.59 (30A016) on County Route 3/5 in Mingo County, West Virginia, the “The Baisden Family 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 “The Baisden Family 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, the children of Fannie and Landen Baisden, Sr., and the children of Katherine Baisden. Delegates Pasdon, Frich, Barill, Fleischauer,

Marshall, Pethtel, Williams, Iaquinta, Skaff, Westfall and Sponaugle offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 85 - “Requesting the Joint Committee on Government and Finance to schedule the

October, 2014, Legislative Interim Committee meetings in Morgantown.”

            Whereas, Morgantown is home to West Virginia University, a public land-grant institution, founded in 1867, and recognized as a top research university by the Carnegie Foundation for the Advancement of Teaching; and

            Whereas, Morgantown offers to its citizens and visitors from around the world the best in medical care; top rated educational experiences at all levels; a thriving and innovative business community; a nationally acclaimed economic model; and a place that offers big city amenities with a small town feel; and

            Whereas, Morgantown has been recognized in recent years in the following ways: “Best Performing Small Metros”; “Best Small Metros for Business and Careers”; “Best Quality of Life and Knowledge Worker Metro”; “Best Sports Cities”; and “Smart Places to Live”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to schedule the October, 2014 Legislative Interim Committee meetings in Morgantown.

            Delegates Overington, Ambler, Anderson, Andes, Arvon, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Craig, Ellington, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Manypenny, Marcum, McCuskey, Miller, E. Nelson, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Sumner, Walters, Westfall and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 86 - “Application of the West Virginia Legislature to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials.”

            Whereas, The Founders of our Constitution empowered State Legislators to be guardians of liberty against future abuses of power by the federal government; and

            Whereas, The federal government has created a crushing national debt through improper and imprudent spending; and

            Whereas, The federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and

            Whereas, The federal government has ceased to live under a proper interpretation of the Constitution of the United States; and

            Whereas, It is the solemn duty of the States to protect the liberty of our people – particularly for the generations to come - to propose Amendments to the Constitution of the United States through a Convention of the States under Article V to place clear restraints on these and related abuses of power; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature of the State of West Virginia hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress; and, be it

            Further Resolved, That the Secretary of State is hereby directed to transmit certified copies of this application to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, and copies to each member of West Virginia's congressional delegation; also to transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation; and, be it

            Further Resolved, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the Legislatures of at least two thirds of the several states have made applications on the same subject.

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

By Delegates Sumner, Ambler, Cadle, Cooper, Folk, Frich, Hamrick, Kump, Romine, Rowan and Shott:

            H. J. R. 107 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to increasing the homestead exemption to $40,000; providing for an increase every ten years; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Finance.

Petitions

            Delegates M. Poling, Perry and Pethtel presented a petition on behalf of their constituents, in support of bringing the salary of education employees up to a level competitive with our surrounding states; which was referred to the Committee on Finance.

Motions

            Delegate Armstead submitted a written motion, under the provisions of House Rule 82, to discharge H. B. 2364, The Pain-Capable Unborn Child Protection Act from the Committee on Health and Human Resources with a second reference to the Committee on the Judiciary, and further requesting that it be taken up for immediate consideration, which was read by the Clerk as submitted.

            Delegate Lane subsequently submitted a written motion, under the provisions of the rules, moving the previous question, which was also read by the Clerk as submitted.

            On the motion for the previous question, the Speaker inquired if the demand were sustained, which demand was sustained.

            The Speaker then inquired “Shall the main question be now put?” and on this motion, Delegate Lane demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 56), and there were--yeas 50, nays 46, absent and not voting 4, with the nays and absent and not voting being as follows:

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

            Absent and Not Voting: Barill, J. Nelson, Paxton and D. Poling.

             So, a majority of the members present and voting having voted in the affirmative, the main question was ordered.

            The main question being on the motion to discharge H. B. 2364 from the Committee on Health and Human Resources, Delegate Lane demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 57), and there were--yeas 48, nays 48, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Miley, Barker, Barrett, Boggs, Campbell, Caputo, Craig, Diserio, Ferro, Fleischauer, Fragale, Guthrie, Hartman, Hunt, Iaquinta, Jones, Kinsey, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marcum, Marshall, Moore, Morgan, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, M. Poling, Poore, Reynolds, Skaff, Skinner, P. Smith, Sponaugle, Staggers, Stephens, Swartzmiller, Tomblin, Walker, Wells, White, Williams and Young.

            Absent and Not Voting: Barill, J. Nelson, Paxton and D. Poling.

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

Bills Introduced

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

            By Delegate Morgan:

            H. B. 4456 - “A Bill to amend and reenact §11-15-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15A-2 of said code, all relating to increasing sales and use taxes by one percent”; to the Committee on Finance.

By Delegates Lawrence, Raines, Staggers, Fleischauer, Longstreth, Marshall, Hunt, Barrett, Moore, L. Phillips and Skinner:

            H. B. 4457 - “Relating to authorizing a legislative rule for the Council of Community and Technical College Education regarding standards for granting college credit for courses under the West Virginia EDGE program; to the Committee on Education.

By Delegates Cowles, Andes, Armstead, Cadle, Ellington, Espinosa, Faircloth, Householder, Lane, McCuskey and R. Smith:

            H. B. 4458 - “A Bill to amend and reenact §11-13A-20a of the Code of West Virginia, 1931, as amended, relating to taxation; establishing the Tax Reduction Fund in the State Treasury; directing a portion of annual revenue attributable to the severance tax on natural gas be deposited into the Tax Reduction Fund; providing for appropriation and distribution of funds in the Tax Reduction Fund contingent upon the adoption of a constitutional amendment of the Constitution of the State of West Virginia permitting the elimination or reduction of personal property tax on inventory and equipment held for commercial or industrial use; use of funds for the purpose of tax reduction; distribution of funds to each county and county school board; requiring moneys directed to counties to be applied to reduce the personal property tax rate applied to certain personal property held or used for commercial or industrial use”; to the Committee on Education then Finance.

By Delegates Lawrence, Raines, Staggers, Fleischauer, Longstreth, Marshall, Hunt, Barrett, Moore, L. Phillips and Skinner:

            H. B. 4459 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to residential leases; allowing a tenant to terminate a residential lease in certain circumstances relating to domestic violence or sexual assault; and addressing changing the locks when a protection order has been issued”; to the Committee on the Judiciary.

By Delegates Caputo, Swartzmiller, Eldridge, Storch, Azinger, D. Poling, Iaquinta and Ellem:

            H. B. 4460 - “A Bill to amend and reenact §8-15-26 of the Code of West Virginia, 1931, as amended, relating to violating provisions of the civil service law for paid fire departments; and increasing criminal penalties”; to the Committee on the Judiciary.

            By Delegates Manchin, Caputo, Longstreth, Manypenny, Fragale and Marshall:            H. B. 4461 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-14a, relating to authorizing the issuance of special ‘Homeland Security and Emergency Management’ registration plates”; to the Committee on Finance.

By Delegates Ellem, Ambler, Andes, Cooper, D. Evans, Ferns, Hamrick, McCuskey, Miller, Pasdon and Storch:

            H. B. 4462 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9 and §51-1B-10, all relating to authorizing a new court to be known as the Intermediate Court of Appeals; setting forth the structure and duties of that court; setting forth how judges are selected; establishing jurisdiction; setting forth pleading, practice and procedure; providing for terms and adjournment; providing for other officers of the court; setting forth the duties of the clerk; setting forth the court’s budget; and providing for review by the Supreme Court of Appeals”; to the Committee on the Judiciary then Finance.

            By Delegates Manchin, Caputo, Reynolds, Boggs and Longstreth:

            H. B. 4463 - “A Bill to amend and reenact §3-8-1a and §3-8-2b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §3-8-8a, §3-8-15, §3-8-16 and §3-8-17, all relating to the disclosure of information on campaign contributions and spending; setting forth reporting and disclosure requirements; setting forth the treatment of functional equivalent of express advocacy as independent expenditures; expanding the period during which communications are treated as electioneering communications; setting forth the effective date of expanding the period during which communications are treated as electioneering communications; setting forth the disclosure requirements for corporations and certain other entities; setting forth disclaimer requirements for campaign disbursements; requiring publication and distribution of statements and solicitations; setting forth the charges for newspaper or magazine space; establishing special disclaimer requirements for certain communications; requiring disclosures to shareholders, member and donors of information on campaign-related disbursements; defining terms; setting forth exceptions; setting forth the effective date of amendments; and providing that candidates for federal office are generally not affected”; to the Committee on the Judiciary.

By Delegates Armstead, Cadle, Canterbury, Ellem, A. Evans, Folk, Frich, Hamilton, Kump, Storch and Walters:

            H. B. 4464 - “A Bill to amend and reenact §29B-1-2 and §29B-1-4 of the Code of West Virginia, 1931, as amended, all relating to the Freedom of Information Act; redefining the term ‘public record’; limiting the exemption for internal memoranda or letters received or prepared by any public body; and, requiring a public body that denies a request of a public record file written explanation of the denial with the Secretary of State”; the Committee on the Judiciary.

By Delegates Hamilton, Anderson, Armstead, Arvon, Border, Canterbury, Cooper, Cowles, Miller, Romine and Westfall:

            H. B. 4465 - “A Bill to amend and reenact §6-5-5 of the Code of West Virginia, 1931, as amended, relating to the disqualification of persons convicted of treason, felony, or bribery from holding public office”; to the Committee on the Judiciary.

By Delegates Espinosa, Householder, Ellington, Gearheart, Westfall, Folk, Overington, Cowles, McCuskey, Howell and Ferns:

            H. B. 4466 - “A Bill to amend and reenact §4-2-1, §4-2-2, §4-2-4, §4-2-8 and §4-2-10, of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §4-2-13; all relating to the Legislative Auditor; requiring that the Legislative Auditor conduct audits of all spending units, including members of the Board of Public Works and the Legislature, within at least two years of the effective date of this section, if practicable, but no later than four years from the effective date of this section, and thereafter on a regular basis; requiring public disclosure of any and all reviews performed pursuant to this section; and permitting the Legislative Auditor to seek the assistance of the Attorney General’s Office in performing the duties set forth within this section”; to the Committee on the Judiciary then Finance.

            By Delegates Moye, Perry and Eldridge:

            H. B. 4467 - “A Bill to amend and reenact §21-14-3 of the Code of West Virginia, 1931, as amended, relating to exempting individuals employed by a county board of education from plumbing licensing requirements while performing plumbing work on board of education property”; to the Committee on Government Organization then the Judiciary.

By Delegates Fleischauer, Manypenny, Fragale, Wells, Lawrence, Skinner, Guthrie and Sponaugle:

            H. B. 4468 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6 and §5B-2I-7, all relating to authorizing local units of government to adopt property assessed clean energy programs and to create districts to promote the use of renewable energy systems and energy efficiency improvements by owners of certain real property; to provide for the financing of such programs through voluntary property assessments, commercial lending, and other means; to authorize a local unit of government to issue bonds, notes, and other evidences of indebtedness and to pay the cost of renewable energy systems and energy efficiency improvements from the proceeds thereof; to provide for the repayment of bonds, notes, and other evidences of indebtedness; to authorize certain fees; to prescribe the powers and duties of certain governmental officers and entities; and to provide for remedies”; to the Committee on Education then the Judiciary.

By Delegates Tomblin, R. Phillips, Eldridge, Marcum, Barker, Lynch, Boggs, White, Caputo, Andes and R. Smith:

            H. B. 4469 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2F-3, relating to requiring the Director of the Division of Energy to develop an energy independence policy that ensures all oil, gas and coal produced in the state to be first used within the state before being exported to other states; making findings; requiring the Director of the Division of Energy to work with the Public Service Commission to develop a policy to ensure that public utilities maintain a thirty to forty-five day supply of feed stock; requiring the Director of the Division of Energy to work with the Public Service Commission to promulgate rules on consumer priority in the event of an energy shortage; requiring other rule-making; requiring public hearings; and requiring the creation of a database”; to the Committee on the Committee on Energy then the Judiciary.

            By Delegates Boggs and Reynolds

            [By Request of the Tax and Revenue Department]:

            H. B. 4470 - “A Bill to amend and reenact §11-6K-4 and §11-6K-5 of the Code of West Virginia, 1931, as amended, all relating to tentative appraisals of natural resources property by the Tax Commissioner for ad valorem property tax purposes; clarifying that notice requirements apply to all oil and natural gas property in production and reserve; clarifying that informal review procedures do not apply to oil or natural gas property in production and reserve”; to the Committee on Finance.

By Delegates Reynolds, Arvon, Cowles, Eldridge, Moye, Perry, Pino, Rowan, P. Smith, Sobonya and Sumner:

            H. B. 4471 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to limiting health insurance coverage for elective abortions to coverage provided through supplemental policies; and elective abortion exceptions”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Folk, Faircloth, Kump, Butler, Householder, Cooper and Frich:            H. B. 4472 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4 and §5-30-5, all relating to providing that all future federal and local statutes, ordinances, laws, orders, rules, and any other actions which attempt to restrict, tax, or regulate the possession, use, discharge in lawful self-defense, transportation, purchase, acquisition, sale, transfer, ownership, carrying, manufacture, or repair of firearms, firearm accessories, ammunition and their accouterments are invalid and unenforceable; making it a felony to attempt to enforce a federal or local statute, ordinance, law, order, rule, or any other action which attempts to restrict, tax, or regulate possession, use, discharge in lawful self-defense, transportation, purchase, acquisition, sale, transfer, ownership, carrying, manufacture, or repair of firearms, firearm accessories, ammunition or their accouterments; prohibiting such laws, orders, rules, policies and other actions by executive departments and state agencies, and providing a felony for violation; providing definitions; making findings; providing penalties; requiring the Attorney General to defend citizens of West Virginia who are prosecuted by the United States government for violation of a federal law relating to the possession, use, discharge in lawful self-defense, transportation, purchase, acquisition, sale, transfer, ownership, carrying, manufacture, or repair of a firearm, a firearm accessory or ammunition; providing exemptions; providing for retroactivity; and providing that ex post facto laws are not created”; to the Committee on the Judiciary then Finance.

By Delegates Fleischauer, Manypenny, Poore, Marshall, Iaquinta, Skinner and Hamilton:

            H. B. 4473 - “A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, all relating to establishing voting precincts and changing the composition of standard receiving boards; increasing the limit on the size of voting precincts to three thousand registered voters in urban areas and one thousand five hundred in rural areas; permitting precincts in urban or rural areas to have fewer than the minimum numbers of registered voters allowed; permitting an increase in the size of standard receiving boards in enlarged precincts; providing an option to have more poll workers and commissioners; and permitting fewer poll workers in precincts during a municipal election where there is no simultaneous state or county election”; to the Committee on the Judiciary.

            By Delegates Barrett, Campbell, Hunt, Walters, Wells and Iaquinta:

            H. B. 4474 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-32a, relating to adding a prohibition on imposing higher copayments or coinsurance amount for podiatrists, dentists, optometrists, speech therapists, occupational therapists, physical therapists and chiropractic physicians than what is imposed on primary care physicians and practitioners”; to the Committee on Banking and Insurance then the Judiciary.

            By Delegates Perry, Boggs, M. Poling, Moye, Lawrence, Barrett and Skinner:

            H. B. 4475 - “A Bill to amend and reenact §18B-19-6 and §18B-19-7 of the Code of West Virginia, 1931, as amended, all relating generally to higher education capital spending projects; requiring a legislative rule be promulgated that establishes the level of a capital project of a higher education institution, other than Marshall University and West Virginia University, before it may be approved; requiring the rule to delineate between repair projects and new construction; and providing that institutions that have entered into construction contracts averaging less than $20 million over the most recent rolling five-year period and capital projects exceeding $1 million for community and technical colleges be monitored instead of managed”; to the Committee on Education then Finance.

By Delegates D. Evans, Cooper, Eldridge, Williams, Hamilton, Staggers, Lynch, Ireland, Ambler and Pino:

            H. B. 4476 - “A Bill to amend and reenact §20-2B-7 of the Code of West Virginia, 1931, as amended, relating to allowing any person who was born in West Virginia to purchase a resident lifetime hunting, trapping or fishing license”; to the Committee on Agriculture and Natural Resources then Finance.

Daily Calendar

Second Reading

            Com. Sub. for H. B. 4208, Banning synthetic hallucinogens; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Manchin, the bill was amended on page five, section one hundred and one, subsection (m), line sixty, by striking out the word “paragraph” and inserting in lieu thereof the word “subdivision”,

            On page five, section one hundred and one, subsection (m), line sixty-one, by striking out the word “subdivision” and inserting in lieu thereof the word “subsection”,

            On page twenty-four, section one hundred and four, subsection (d), subdivision (53), paragraph (H), line two hundred and eighty-seven, by striking out the “}” after “indole”, and the period.

            On page twenty-five, section two hundred and four, subsection (d), subdivision (54), paragraph (A), subparagraph (iii), line three hundred and twelve, by striking out the word “Their” and inserting in lieu thereof the word “their”,

            On page twenty-nine, section two hundred and four, subsection (d), subdivision (J), line three hundred and ninety-eight, by striking out the “(J)” and inserting in lieu thereof the number “(67)”,

             On page thirty-nine, section two hundred and six, subsection (g), line one hundred and twenty-five, by inserting “(B)” before the words “Some trade”,

            On page thirty-nine, section two hundred and four, subsection (g), line one hundred and thirty-one, by striking out the “(A)”,

            On page forty-nine, section two hundred and ten, subsection (d), line seventy-seven, by striking out the “,” after “Fenfluramine” and inserting in lieu thereof “and”,

            On page fifty-one, section two hundred and twelve, subsection (c), line eight, by striking out the “(c)” and inserting in lieu thereof “(b)”,

            And,

            By amending the enacting section, to read as follows:

            “That section §60A-1-101 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code be amended and reenacted, all to read as follows” and a colon.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4283, Raising the minimum wage; on second reading, coming up in regular order, was read a second time.

            An amendment to the bill, recommended by Delegate Skinner, was reported by the Clerk.

            Whereupon,

            Delegate Skinner then asked and obtained unanimous consent that the amendment be withdrawn.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4414, Relating to the solicitation of public employees by a candidate for an elective office; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4421, Allowing the lottery to pay prizes utilizing other payment methods in addition to checks; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

First Reading

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

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

            Com. Sub. for H. B. 4237, Defining alternative nicotine products and electronic cigarettes,

            And,

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

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, Paxton and D. Poling.

Remarks by Members

            Delegate Lane asked and obtained unanimous consent that the remarks of Delegate Armstead regarding H. B. 2364, The Pain-Capable Unborn Child Protection Act, be printed in the Appendix to the Journal.

            Delegate C. Miller asked and obtained unanimous consent that the remarks of Delegate Morgan regarding the use tax bill, be printed in the Appendix to the Journal.

            At 1:07 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 12, 2014.

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