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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

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__________*__________



 

Tuesday, February 18, 2014

FORTY-SECOND 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 17, 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 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. 3108, Relating generally to nursing homes,

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

            Com. Sub. for H. B. 3108 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5C-21, relating to criminal background checks on applicants for employment by nursing homes,”

            With the recommendation that the committee substitute 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. J. R. 108, Nonprofit Youth Organization Tax Exemption Support Amendment,

            And reports the same back with the recommendation that it be adopted.

            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. 4457, Authorizing a legislative rule for the Council of Community and Technical College Education regarding WV EDGE program,

            And reports the same back with the recommendation that it 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. 4435, 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,

            H. B. 4496, Providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund,

            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 Finance.

            In accordance with the former direction of the Speaker, the bills (H. B. 4435 and H. B. 4496) were each referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 4399, Prohibiting a local levying body from holding a special election under certain circumstances,

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

            Com. Sub. for H. B. 4399 - “A Bill to amend and reenact §11-8-16 of the Code of West Virginia, 1931, as amended, relating to special elections for the purpose of submitting a levy question to voters; prohibiting a local levying body from holding more than one special election for the purpose of submitting a levy question to the voters in any year during which a regular primary or general election is held and prohibiting a local levying body from holding a special election for the purpose of submitting a levy question to voters during the months of January, February and December during years in which there is no regular primary or general election,”

            And,

            H. B. 4490, Attorney General Ethics and Accountability Act,

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

            Com. Sub. for H. B. 4490 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-3-1a; to amend and reenact §5-3-2, §5-3-3, §5-3-4 and §5-3-5 of said code; to amend said code by adding thereto a new section, designated §5-3-6; and to amend and reenact §5A-3-13 of said code, all relating to management of legal proceedings of the state and its political subdivisions; qualifying Attorney General’s authority to file amicus curae briefs; specifying the manner in which the Attorney General contracts for legal services; establishing ethical limitations and requiring withdrawal by the Attorney General from certain proceedings and actions when a conflict of interest may or does exist; limiting the Attorney General’s common law authority; providing that court rules supercede statutes in certain circumstances; authorizing hiring of special assistant attorneys general when a conflict exists; providing requirements for special assistant attorneys general contracts; providing requirements for certain requests for proposals; requiring certain reports to be prepared for the Governor and the Joint Committee on Government and Finance regarding certain contracts for legal services with the Attorney General; limiting the amount of fees payable for legal services for the Attorney General; providing for the disposition of funds or assets recovered in a legal action or settlement by or on behalf of the general public, the state or its officers, agencies or political subdivisions; establishing the Attorney General’s litigation support fund; providing for the deposit of certain money into the fund; providing for the deposit of certain money into the General Revenue Fund of the state and exceptions thereto; requiring certification, records and reports of certain moneys recovered and prescribing the use thereof; requiring certain disposition of funds to be held in trust; limiting certain powers to administrate certain funds; requiring legislative appropriation of certain funds; requiring certain advice be given to courts; prohibiting agreements to settle contrary to law; and requiring that contracts proposed by the Attorney General be approved as to form by the Secretary of State,”

            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. 4437, Relating to the Division of Juvenile Services,

            And reports the same back with the recommendation that it 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. 4473, Relating to establishing voting precincts and changing the composition of standard receiving boards,

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

            Com. Sub. for 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,”

            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. 4267, Legalizing and regulating the sale and use of fireworks and creating the West Virginia Veterans Program Fund,

            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. 4267) was referred to the Committee on Finance.

            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. 4312, Creating a certification for emergency medical technician-industrial,

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

            Com. Sub. for H. B. 4312 - “A Bill to amend the Code of West Virginia, 1931, by adding thereto a new section, designated §18-2-26B; and to amend and reenact §22A-10-1 of said code, all relating to certification of emergency medical technician-industrial personnel by the State Board of Education through education programs delivered by Regional Educational Service Agencies; transferring and redesignating emergency medical technician-miner; providing that emergency medical technician-industrial takes the place of emergency medical technician-miner; and defining the scope of practice for an emergency medical technician-industrial,”

            And,

            H. B. 4318, Continuing education of veterans mental health,

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

            Com. Sub. for H. B. 4318 - “A Bill to amend and reenact §30-1-7a of the Code of West Virginia, 1931, as amended, relating to continuing education relevant to mental health issues of veterans and their families; providing certain boards adopt continuing education courses relevant to mental health issues of veterans and their families as part their continuing education requirements for licensure or renewal; and requiring a minimum of two hours of continuing education relevant to mental health issues of veterans and their families for licensure renewal for certain professions,”

            With the recommendation that the committee substitutes each do pass.

            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. 4574, Authorizing the Board of Registration for Professional Engineers to renew certificates on a biennial basis,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4574) was referred to the Committee on the Judiciary.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 4482, Relating to qualifications to practice speech-language pathology in public schools,

            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 Education.

            In accordance with the former direction of the Speaker, the bill (H. B. 4482) was referred to the Committee on Education.

            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. 4500, Relating requirements for business registration,

            H. B. 4538, Relating to the Board of Dentistry,

            And,

            H. B. 4541, Relating to funeral service and embalming licenses,

            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. 4500, H. B. 4538 and H. B. 4541) were each referred to the Committee on the Judiciary.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 4588, Protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4588) was referred to the Committee on the Judiciary.

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            H. B. 4537, West Virginia CARES Act,

            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. 4537) was referred to the Committee on Finance.

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for H. B. 4409, Creating the Valued Employee Retention program,

            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

            S. B. 88 - “A Bill to amend and reenact §33-22-2 of the Code of West Virginia, 1931, as amended, relating to farmers' mutual fire insurance companies; providing for verification of debris removal prior to the payment of proceeds; imposing a statutory lien on fire insurance proceeds in the event of a total loss to real property; requiring farmers' mutual fire insurance companies to notify insured and municipality or county after determining that a claim involves a total loss to real property; requiring a municipality or county to perfect the lien within thirty days of notice of a total-loss determination; providing for release of the lien upon satisfaction of certain conditions; clarifying obligations and liability; and deleting a reference to a repealed section of the code”; which was referred to the Committee on Banking and Insurance then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2014, and requested the concurrence of the House of Delegates in the passage, of

             Com. Sub. for S. B. 322 - “A Bill to amend and reenact §6-7-1 of the Code of West Virginia, 1931, as amended, relating to authorizing state agencies, state institutions of higher education and the Higher Education Policy Commission to transition all employees, officers and officials, except elected officials, into payment in arrears and to pay employees biweekly as part of the standardization of the state’s accounting and payroll functions under the Enterprise Resource Planning Board”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 384 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-22; to amend and reenact §33-16-3q of said code; to amend and reenact §33-24-7h of said code; to amend and reenact §33-25-8f of said code; and to amend and reenact §33-25A-8g of said code, all relating generally to accident and sickness insurance, group accident and sickness insurance, hospital service corporations, medical service corporations, dental service corporations, health service corporations, health care corporations and health maintenance organizations; prohibiting certain contracts of insurance from requiring subscribers to obtain prescription drugs from a mail-order pharmacy in order to obtain benefits for drugs; permitting a covered person to fill any prescription at any mail-order pharmacy or network participating nonmail-order pharmacy under certain circumstances; prohibiting special copayments, fees or other condition on any covered person who elects to purchase drugs from a network participating nonmail-order pharmacy; describing the scope of the prohibitions; and permitting certain legislative rulemaking by the Insurance Commissioner”; which was referred to the Committee on Banking and Insurance then the Judiciary.

            A message from the Senate, by

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

            S. B. 402 - “A Bill to amend and reenact §11-10-5n of the Code of West Virginia, 1931, as amended, relating to recovery of service charges and fees charged to the Tax Commissioner by financial institutions relating to all permitted forms of payment returned or not duly paid; and authorizing rulemaking.”

            At the respective requests of Delegate White, and by unanimous consent, reference of the bill (S. B. 402) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2014, and requested the concurrence of the House of Delegates in the passage, of

             Com. Sub. for S. B. 420 - “A Bill to amend and reenact §18B-1D-10 of the Code of West Virginia, 1931, as amended, relating to adding the Bureau for Children and Families, WorkForce West Virginia and the West Virginia Supreme Court of Appeals to the existing entities that are to enter into a state data-sharing compact; adding child care and workforce data to the data that is to be included in the P-20W Longitudinal Data System; revising legislative findings; adding definitions; creating a governing board of the P-20W Longitudinal Data System; setting forth membership of the board; setting forth authority and duties of the board; adding requirements for the Bureau for Children and Families, the State Board of Education, the Higher Education Policy Commission, the Council for Community and Technical College Education and WorkForce West Virginia; requiring the data warehouse to be housed within the West Virginia Network for Educational Telecomputing; and adding components to the state data-sharing compact”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 434 - “A Bill to amend and reenact §17C-5A-3a of the Code of West Virginia, 1931, as amended, relating to the establishment of and participation in the Motor Vehicle Alcohol Test and Lock Program; allowing the deferral of the revocation period for certain DUI offenses through participation in the program; waiving the revocation period for certain DUI offenses upon successful completion of the program for a period including the applicable minimum period for the use of the ignition interlock device plus an additional period equal to the applicable minimum revocation period; providing that acceptance into the program constitutes a waiver of the administrative hearing and that the Office of Administrative Hearings shall conduct no hearing on a matter on which a person is actively participating in the program; and making technical and descriptive corrections”; which was referred to the Committee on the Judiciary.

Petitions

            Delegates Marcum and White presented a resolution adopted by the Mingo County Board of Education supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.

Motions

            Delegate Folk submitted a written motion, under the provisions of House Rule 82, to discharge H. B. 2911, Exempting records of concealed weapon license applications and issuance from disclosure under the West Virginia Freedom of Information Act from the Committee on the Judiciary.

            Delegate Kump 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 propounded “Shall the main question be now put?” and on this question, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 91), and there were--yeas 6, nays 88, absent and not voting 6, with the yeas and absent and not voting being as follows:

            Yeas: Cowles, Faircloth, Folk, Kump, Pasdon and Shott.

            Absent and Not Voting: Barill, Barker, Lane, J. Nelson, Paxton and Raines.

             So, a majority of the members present and voting not having voted in the affirmative, the main question was not ordered.

            The question before the House being on the motion to discharge H. B. 2911 from the Committee on the Judiciary, the same was stated by the Speaker.

            Delegate White moved that the motion to discharge lie over, and Delegate Caputo immediately moved the previous question thereon.

            The Speaker inquired if the demand for the previous question were sustained, and the requisite number of members so indicated.

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

            The yeas and nays having been ordered, they were taken (Roll No. 92), and there were--yeas 53, nays 41, absent and not voting 6, with the nays and absent and not voting being as follows:

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

            Absent and Not Voting: Barill, Barker, Lane, J. Nelson, Paxton and Raines.

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

            The main question being the motion that the motion to discharge lie over, the same was put and prevailed.

Daily Calendar

Third Reading

            H. B. 4302, Relating to elections for public school purposes; 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. 93), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Barker, Lane, J. Nelson, Paxton and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4302) passed.

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

            The following bills on third reading, coming up in regular order, were, on motion of Delegate White, laid over:

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

            S. B. 443, Relating to SPRS,

            S. B. 444, Relating to PERS,

            And,

            S. B. 452, Relating to TRS annuity calculation of member with reciprocal service credit.

            Com. Sub. for H. B. 4067, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

            Delegates Shott, Gearheart and Ellington moved to amend the bill on page eight, section three, on line twenty-three, after the word “authorized”, by striking out the period and inserting in lieu thereof a comma, and the words “with the following amendment:

            On page one, subparagraph 2.3, after the following: “efforts.”, by striking out the remainder of the subparagraph and inserting in lieu thereof the following:

If the preliminary projected costs per inmate day indicates that a reduction can be implemented without jeopardizing the ability to implement a fiscally sound annual operating budget for the next fiscal years operating budget, the RJA Board shall implement an appropriate reduction in the rate charged per inmate day during the next fiscal year.

            The Speaker put the question on the adoption of the amendment, and the same did not prevail.

            There being no further amendments, the bill was ordered to engrossment and third reading.

            H. B. 4178, Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4294, Establishing standards for court reporters and entities that provide court reporting services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4339, Ensuring that moneys from the Solid Waste Authority Closure Cost Assistance Fund are available to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate White, and by unanimous consent, the bill was advanced to third reading with amendments pending and with restricted right to amend by Delegate Perdue, and the rule was suspended to permit the consideration of the amendments on that reading.

            H. B. 4359, Relating to licensure of managing general agents of insurers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4365, Relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4371, Creating a crime for theft of a traffic sign or traffic signal; on second reading, coming up in regular order, was, on motion of Delegate White, laid over.

            H. B. 4372, Permitting the Commissioner of Financial Institutions to require the filing of certain reports, data or information directly with the Division of Financial Institutions; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4384, Requiring teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4445, Modifying the definition of “battery” and “domestic battery”; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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. 4257, Providing criminal penalties for the dissemination of false, misleading or deceptive information through automated telephone calls during a declared state of emergency,

            H. B. 4259, Extending the time for the city council of the city of Sistersville, Tyler County, to meet as a levying body,

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

            H. B. 4397, Relating to recovery of service charges and fees charged to the Tax Commissioner by financial institutions,

            Com. Sub. for H. B. 4425, Giving the Superintendent of State Police authority to hire additional staff,

            H. B. 4431, Clarifying that persons who possess firearms, hunting dogs or other indicia of hunting do not necessarily need to have a hunting license,

            And,

            Com. Sub. for H. B. 4455, Relating to the sale of wine and alcoholic liquors by licensed wineries, farm wineries, distilleries and mini-distilleries.

Leaves of Absence

            At the request of Delegate White, and by unanimous consent, leaves of absence for the day were granted Delegates Barill, Barker, Lane, J. Nelson, Paxton and Raines.

Remarks by Members

            Delegate Walters addressed the House regarding former member Dick Henderson, and at the conclusion thereof, Delegate Armstead asked and obtained unanimous consent that his remarks be printed in the Appendix to the Journal.

            At 12:40 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 19, 2014.

 

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