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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

colorseal.jpg



__________*__________



 

Friday, February 28, 2014

FIFTY-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 Thursday, February 27, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. C. R. 84, The Baisden Family Memorial Bridge,

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

            Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            H. C. R. 9, The “Army S/SGT Raymond Lawrence Berry Memorial Bridge”,

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

            Com. Sub. for H. C. R. 9 - “Requesting that bridge number 45-64-142.92 (45A064,45A065) on Interstate 64 in Summers County, West Virginia, the ‘U.S. Army S/SGT Raymond Lawrence Berry Memorial Bridge’,”

            H. C. R. 20, The “Army Corporal William Eugene Shank Memorial Bridge”,

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

            Com. Sub. for H. C. R. 20 - “Requesting that bridge number 29-11-7.97 (29A014) over Mill Creek on County Route 11 in Mineral County, West Virginia, the ‘U.S. Army Corporal William Eugene Shank Memorial Bridge’,”

            And,

            H. C. R. 77, U. S. Army Private Eskridge A. Waggoner Memorial Bridge,

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

            Com. Sub. for H. C. R. 77 - “Requesting the Division of Highways to name bridge number 13-64-179.36 (13A165) on Interstate 64 East, also known as the Mountain Avenue Bridge, in White Sulphur Springs, Greenbrier County, the ‘U.S. Army Private Eskridge A. Waggoner Memorial Bridge’,”

            With the recommendation that the committee substitutes each be adopted.

            Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            S. C. R. 22, Requesting DOH name I-81 overpass “Deputy John L. Burkett III Memorial Overpass”,

            And reports the same back, with amendment, with the recommendation that it be adopted, as amended.

            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:

            Com. Sub. for S. B. 267, Ensuring state courts’ jurisdiction of fraudulent or unauthorized purchasing card use,

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

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 267) 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:

            S. B. 504, Authorizing Auditor establish Debt Resolution Services Division,

            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 (S. B. 504) was referred to the Committee on Finance.

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

            Your Committee on Industry and Labor has had under consideration:

            Com. Sub. for S. B. 623, Requiring notification of certain substance abuse screening of mine personnel,

            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 (Com. Sub. for S. B. 623) was referred to the Committee on the Judiciary.

            On motion for leave, a resolution was introduced (Originating in the Committee on Roads and Transportation and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Staggers, L. Phillips, Barker, Longstreth, Lynch, Marcum, Moye, D. Poling, P. Smith, Stephens, Walker, Wells, Young, Ambler, Arvon, Espinosa, D. Evans, Gearheart, Hamrick, Howell, and Shott:

            H. C. R. 112 - “Requesting the Joint Committee on Government and Finance study the benefits of the West Virginia Parkways Authority issuing bonds to finance the construction of the King Coal Highway.”

            Whereas, The West Virginia Legislature established the King Coal Highway Authority in 1999 to promote construction of a modern highway through the counties of McDowell, Mercer, Mingo, Wyoming, and Wayne; and

            Whereas, According to the United States Intermodal Surface Transportation Efficiency Act of 1991, the proposed route of the King Coal Highway was designated as “a high priority segment of a high priority corridor in the National Highway System”; and

            Whereas, The King Coal Highway would begin at the intersection of West Virginia Route 35 and United States Route 119 near Williamson, West Virginia and end at the Interstate 77 exit for United States Route 52; and

            Whereas, The West Virginia Division of Highways has estimated that the new highway may cut travel time for motorists nearly in half; and

            Whereas, The King Coal Highway would traverse current unused land, opening that landscape for future economic and residential development; and

            Whereas, As business and residential development increase, the use of the area’s recreation facilities, tourism spots, and construction of new such amenities would also increase; and

            Whereas, While new highway construction projects become increasingly more difficult to finance, the State of West Virginia is looking for ways to boost its current funds and to look for newer methods to offset these budget constraints; and

            Whereas, The issuance of bonds by the West Virginia Parkways Authority is a means to finance the construction of the King Coal Highway; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the benefits of the West Virginia Parkways Authority issuing bonds to finance the construction of the King Coal Highway; and, be it

            Further Resolved, That the West Virginia Parkways Authority be encouraged to cooperate in such a study; and, be it,

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the Regular Session, 2015, on its findings, conclusions and recommendations together with drafts of any legislation 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 Government and Finance.

            Which was referred to the Committee on Rules.

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

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

            Com. Sub. for S.B. 439, Permitting Ohio County Commission levy special excise tax for Fort Henry,

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

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 439) was referred to the Committee on Finance.

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

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

            S. B. 375, Excluding certain personal property from TIF assessment,

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

            In accordance with the former direction of the Speaker, the bill (S. B. 375) was referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            S. B. 457, Requiring programs for temporarily detained inmates in regional jails,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

            In the absence of objection, reference of the bill (S. B. 457) to the Committee on Financewas abrogated.

            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:

            Com. Sub. for S. B. 408, Relating to parole,

            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:

            Com. Sub. for S. B. 307, Authorizing community corrections programs to operate pretrial release program,

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

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

            Your Committee on Education has had under consideration:

            S. B. 209, Allowing special needs students to participate in graduation ceremonies,

            And,

            S. B. 483, Renaming administrative heads of Potomac campus of WVU and WVU Institute of Technology,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended.

            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:

            S. B. 325, Providing State Fire Marshal serve at will and pleasure of Fire Commission,

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

            In accordance with the former direction of the Speaker, the bill (S. B. 325) was referred to the Committee on the Judiciary.

            On motion for leave, a resolution was introduced (Originating in the Committee on Political Subdivisions and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Lawrence, Fragale, Cooper, Cowles, Espinosa, Ferns, Fleischauer, Gearheart, Hamilton, Hamrick, Hartman, Jones, Marcum, McCuskey, Morgan, Moye, Pasdon, Perry, Sponaugle, Sumner and Williams:

            H. C. R. 115 - “Requesting the Joint Committee on Government and Finance to study

county permits for adopting ordinances relating to spaying and neutering dogs and cats.”

            Whereas, It is in the interest of the public to protect the health and safety of animals owned by residents of a county by reducing the number of dogs and cats that are stray or abandoned; and

            Whereas, There are a large number of dogs and cats that are euthanized or have been abandoned because they are not wanted or are not owned or under control of individuals; and

            Whereas, Studies suggest there are an estimated 6-8 million homeless animals entering animal shelters every year; and

            Whereas, A county commission may adopt an ordinance to require certain restraints and control of dogs owned or in the custody and control of persons in the county; and  be it 

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study on county permits for adopting ordinances relating to spaying and neutering dogs and cats; and be it

            Further Resolved, That the Joint Committee on Government and Finance 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 Government and Finance.

            Which was referred to the Committee on Rules.

            On motion for leave, a resolution was introduced (Originating in the Committee on Political Subdivisions and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Lawrence, Fragale, Cooper, Cowles, Espinosa, Ferns, Fleischauer, Gearheart, Hamilton, Hamrick, Hartman, Jones, Marcum, McCuskey, Morgan, Moye, Pasdon, Perry, Sponaugle, Sumner and Williams:

            H. C. R. 116 - “Requesting the Joint Committee on Government and Finance to study the advantages and disadvantages of requiring owner occupied residences to participate in a public sewer or water system.”

            Whereas, There is a need to protect the public health by ensuring the safety of residential sewer systems; and

            Whereas, There is an need to ensure residential property owners have access to a safe and functioning water system; and

            Whereas, There is concern of pollution in ground water systems; and

            Whereas, The financial impact water and sewer systems can be quite large, and

            Whereas, There is a need for state-wide standards regarding the conflicts between residential property owners and public sewer districts; and

            Whereas, The standards should provide an effective and time sensitive dispute resolutions process; and

            Whereas, The committee should review municipal, county and statewide ordinances and laws to ensure best practices; and be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the advantages and disadvantages of requiring owner occupied residences to participate in a public sewer or water system; and be it

            Further Resolved, That the Joint Committee on Government and Finance 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 Government and Finance.

            Which was referred to the Committee on Rules.

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

            Your Committee on Political Subdivisions has had under consideration:

            S. B. 100, Authorizing operation of low-speed vehicles on certain municipal roads,

            And

            S. B. 415, Changing due date of certain county commission tax reports,

            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 (S. B. 100 and S. B. 415) were each referred to the Committee on the Judiciary.

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

            Your Committee on Political Subdivisions has had under consideration:

            S. B. 631, Extending time for Fayetteville City Council to meet as levying body,

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

            In accordance with the former direction of the Speaker, the bill (S. B. 631) was referred to the Committee on Finance.

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

            Your Committee on Political Subdivisions has had under consideration:

            Com. Sub. for S. B. 424, Regulating unlicensed off-road motorcycles within Hatfield-McCoy Regional Recreation Area,

            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 (Com. Sub. for S. B. 424) was referred to the Committee on Finance.

            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:

            Com. Sub for S. B. 15, Removing certain billing limitations for HIV or STD testing by public health agencies,

            And,

            Com. Sub. for S. B. 425, Relating to licensure, supervision and regulation of physician assistants,

            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 (Com. Sub. for S. B. 15 and Com. Sub. for S. B. 425) 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:

            Com. Sub. for S. B. 628, Creating Healthy Children and Healthy Communities 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 (Com. Sub. for S. B. 628) was referred to the Committee on Finance.

            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:

            Com. Sub. for S. B. 381, Requiring CPR and care for conscious choking instruction in public schools, 

            And,

            Com. Sub for S. B. 455, Creating Move to Improve Act,

            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 Education.

            In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 381 and Com. Sub. for S. B. 455) were each referred to the Committee on Education.

            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:

            Com. Sub. for S. B. 318, Setting fees for manufacture, distribution, dispensing and research of controlled substances,

            And,

            Com. Sub. for S. B. 619, Exempting certain critical access hospitals from certificate of need requirement,

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

            In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 318 and Com. Sub. for S. B. 619) were each referred to the Committee on Finance.

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

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

            **Com. Sub. for S. B. 254, Regulating equine boarding facilities,

            And,

            S. B. 533, Updating commercial feed laws; setting fees by rule,

            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.

            **The Speaker announced that he had been advised by the Clerk that Com. Sub. for S. B. 254, Regulating equine boarding facilities, had been erroneously been reported from committee, and had been stricken from the report.

            In accordance with the former direction of the Speaker, S. B. 533 was referred to the Committee on the Judiciary.

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

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

            S. B. 583, Permitting emergency rule-making authority to implement Spay Neuter Assistance Program,

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

            In accordance with the former direction of the Speaker, the bill (S. B. 583) was referred to the Committee on the Judiciary.

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

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

            S. B. 485, Exempting DOH from certain permitting requirements of Natural Stream Preservation Act,

            And,

            Com. Sub. for S. B. 535, Clarifying definition of “ginseng”,

            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 (S. B. 485 and Com. Sub. for S. B. 535) were each referred to the Committee on the Judiciary.

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

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

            S. B. 454, Defining dam “owner”,

            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 the Judiciary.

            In accordance with the former direction of the Speaker, the bill (S. B. 454) was referred to the Committee on the Judiciary.

            On motion for leave, resolutions were introduced (Originating in the Committee on Banking and Insurance and reported with the recommendation that it be adopted), which were read by their titles, as follows:

By Delegates Guthrie, Caputo, Stephens, Ashley, Swartzmiller, Diserio, Ferro, Storch, Lawrence, Fleischauer, Morgan and Manypenny:

            H. C. R. 113 - “Requesting the Joint Committee on Government and Finance authorize a study on whether to create a statutory rebuttable presumption for workers’ compensation purposes, that under certain limited circumstances, firefighters’ development of certain cancers arose out of and in the course of employment.”

            Whereas, The Legislature is committed to providing protection for West Virginia workers and has created a system of insurance for workers injured in the course of employment; and

            Whereas, The Legislature recognizes that West Virginia’s professional and volunteer firefighters often face dangerous conditions in the course of their work; and

            Whereas, The Legislature recognizes that the American Cancer Society recommends cancer screening evaluations for firefighters, based on the age and sex of the firefighter before becoming a firefighter and subsequent thereto; and

            Whereas, Medical literature suggests that certain cancers may develop as a result of exposure to certain materials and substances; and

            Whereas, Firefighters may be exposed to certain cancer-causing materials and substances in performing their assigned firefighting duties; and

            Whereas, A need exists to determine whether a rebuttable presumption, that a firefighter developed leukemia, lymphoma or multiple myeloma in the course of employment, is medically reasonable when the firefighter (a) had completed all cancer screenings recommended by the American Cancer Society, which indicated no evidence of cancer; (b) was actively employed by a West Virginia fire department as a firefighter for at least five years before the cancer diagnosis; (c) was diagnosed with or died from the cancer no more than ten years after the last active date of employment as a firefighter; (d) was under the age of sixty-five on the date of diagnosis; and (e) had not used tobacco products in the previous ten years; and

            Whereas, A need exists to determine whether a statutory rebuttable presumption, that a firefighter who met the five listed criteria developed leukemia, lymphoma or multiple myeloma in the course of employment, would lead to faster and more efficient resolution of workers’ compensation claims; and

            Whereas, A need exists to determine whether the State, its firefighters, and workers compensation insurers would benefit from the creation of a rebuttable presumption, under limited circumstances, that a firefighter’s development of leukemia, lymphoma or multiple myeloma arose in the course of employment; and now, therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study whether to create, for workers’ compensation purposes, a rebuttable presumption that a professional or volunteer firefighter’s development of leukemia, lymphoma or multiple myeloma under certain circumstances arose in the course of employment; and, be it

            Further Resolved, That the Joint Committee on Government and Finance 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 and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            And,

By Delegate Guthrie:

            H. C. R. 114 - “ Requesting the Joint Committee on Government and Finance authorize a study on whether to create a statutory option for persons with health coverage to fill prescriptions through any pharmacy, without penalty in the form of higher health plan copayments or deductibiles”

            Whereas, The Legislature recognizes that many health plans, including those issued by health insurers, hospital service corporations, medical service corporations, dental service corporations, health service corporations, health care corporations, and health maintenance organizations, provide coverage for prescription drugs; and

            Whereas, The Legislature recognizes that health plan issuers structure health plans to provide health coverage, including prescription drug coverage, at the lowest possible cost; and

            Whereas, The Legislature recognizes that some health plans covering prescription drugs encourage covered persons to use a designated mail-order pharmacy, which may charge the health plan less for prescription drugs, by requiring lower copayment or deductible amounts for prescriptions filled by the designated pharmacy than for prescriptions filled by other mail-order pharmacies, or by non-mail-order pharmacies even if a non-mail-order pharmacy is in the health plan’s pharmacy network; and

            Whereas, The Legislature recognizes that covered persons may have personal or medically necessary reasons to fill prescriptions through a pharmacy other than the health plan’s designated pharmacy; and

            Whereas, The Legislature recognizes that a pharmacy which has no prescription price contract with the health plan issuer may be willing to fill a prescription at the same price negotiated by the health plan issuer with its designated pharmacy; and

            Whereas, The Legislature recognizes that requiring a health plan to allow covered persons to use any pharmacy, without imposing a higher copayment or deductible or other condition for using a pharmacy other than the health plan’s designated pharmacy, could affect the health plan issuer’s performance of its obligations under a contract with a designated pharmacy, made pursuant to a collective bargaining agreement or otherwise, or the effectiveness of such a contract in limiting the health plan’s prescription costs; and now, therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study whether health plan issuers should be required, under policies or contracts providing prescription drug coverage, to allow covered persons to fill prescriptions at any pharmacy willing to accept the same payments accepted by the health plan’s designated pharmacy, without imposing deductibles, copayments or other conditions that the health plan does not apply to prescriptions filled by the designated pharmacy; and, be it

            Further Resolved, That the Joint Committee on Government and Finance 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 and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Which were referred to the Committee on Rules.

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

            Your Committee on Banking and Insurance has had under consideration:

            Com. Sub. for S.B. 621, Authorizing insurers offer flood insurance,

            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 (Com. Sub. for S. B. 621) was referred to the Committee on the Judiciary.

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

            Your Committee on Banking and Insurance has had under consideration:

            S. B. 88, Relating to claims for total loss and debris removal proceeds under farmers' mutual fire insurance companies,

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

            In accordance with the former direction of the Speaker, the bill (S. B. 88) was referred to the Committee on the Judiciary.

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

            Your Committee on Banking and Insurance has had under consideration:

            Com. Sub. for S. B. 383, Permitting certain residential real estate owners limited exemptions from licensing requirements,

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

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 383) was referred to the Committee on the Judiciary.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

            H. B. 4504, Providing for sharing juvenile records in certain circumstances with another state.

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

            The following Senate amendments were reported by the Clerk:

            On pages five and six, section one, lines seventy-four through ninety-two, by striking out all of subsection (h) and inserting in lieu thereof a new subsection (h), to read as follows:

            “(h)(1) Notwithstanding the provisions of this section, or any other provision of this code to the contrary, the Division of Juvenile Services may provide access to and the confidential use of a treatment plan, court records or other records of a juvenile to an agency in another state which:

            (A) Performs the same functions in that state that are performed by the Division of Juvenile Services in this state;

            (B) Has a reciprocal agreement with this state; and

            (C) Has legal custody of the juvenile.

            (2) A record which is shared under this subsection may only provide information which is relevant to the supervision, care, custody and treatment of the juvenile.

            (3) The Division of Juvenile Services is authorized to enter into reciprocal agreements with other states and to propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this subsection.

            (4) Other than the authorization explicitly given in this subsection, this subsection may not be construed to enlarge or restrict access to juvenile records as provided elsewhere in this code.”

            And,

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

            H. B. 4504 - “A Bill to amend and reenact §49-7-1 of the Code of West Virginia, 1931, as amended, relating to allowing the Division of Juvenile Services to share juvenile records under certain circumstances with another state if that state has a reciprocal agreement with this state; specifying the circumstances when information may be shared; authorizing the Division of Juvenile Services to enter into agreements with other states; and authorizing rule-making authority.”

            On motion of Delegate White, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 230), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Ellington, Kump, McCuskey, J. Nelson, Paxton, R. Phillips and Raines.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4504) passed.

            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 adoption by the Senate, without amendment, concurrent resolutions of the House of Delegates as follows:

            Com. Sub. for H. C. R. 2, The “USMC CPL Larry G. Carnutte Memorial Bridge”.

            And.

            H. C. R. 7, The “Kerry Albright Road”.

Petitions

            Delegate M. Poling presented a petition on behalf of her constituents, supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.

            Delegates Perry, Pino and Staggers presented a petition on behalf of their constituents, supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.

            Delegate Cooper presented a petition on behalf of his constituents, supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.

            Delegate Ambler presented a petition on behalf of his constituents, supporting the passage of a multi-year salary increase for all school employees; which was referred to the Committee on Finance.

Daily Calendar

Unfinished Business

            The following resolutions coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

            H. C. R. 105, Urging Congress to pass the Safe Freight Act,

            And,

            H. C. R. 107, “William Dakota ‘Kody’ Faine Memorial Bridge”.

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

Third ReadingCom. Sub. for S. B. 58, Relating to basis for voidable marriages and annulments; 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. 231), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Ellington, Kump, McCuskey, J. Nelson, Paxton, R. Phillips and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 58 ) passed.

            On motion of Delegate Manchin, the title of the bill was amended to read as follows:

            Com. Sub. for S. B. 58 - “A Bill to amend and reenact §48-3-103 and §48-3-105 of the Code of West Virginia, 1931, as amended, all relating to domestic relations law generally; clarifying that conviction of an offense punishable by incarceration for one year or more prior to the marriage and without the knowledge of the other party constitutes a basis for voiding a marriage; clarifying that a party to a marriage who was unaware at the time of the marriage that his or her spouse had previously been convicted of an offense punishable by incarceration for one year or more may not institute an annulment action if he or she cohabited with that spouse after becoming aware of the conviction; clarifying grounds for voiding marriages; and modifying and removing certain language related to voiding of marriages.”

            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 S. B. 499, Making Prudent Investor Act primary standard of care for Investment Management Board; 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. 232), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Ellington, Kump, McCuskey, J. Nelson, Paxton, R. Phillips and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 499) passed.

            On motion of Delegates White and Boggs, the title of the bill was amended to read as follows:

            Com. Sub. for S. B. 499 - “A Bill to repeal §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-6-2 and §12-6-11 of said code, all relating to investment of moneys by the West Virginia Investment Management Board; modifying the definition of the term ‘securities’; continuing the prudent investor standard of care set forth in the West Virginia Uniform Prudent Investor Act as the primary standard of care for the trustees of the West Virginia Investment Management Board; removing certain restrictions on investments by the Investment Management Board; limiting disclosure of information; and restating and adding certain restrictions on investments by the West Virginia Investment Management Board.”

            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 S. B. 603, Relating to testing for presence of methane in underground mines; on third reading, coming up in regular order, was, on motion of Delegate White, laid over.

Second ReadingS. B. 460, Permitting School of Osteopathic Medicine invest certain moneys in its foundation; on second reading, coming up in regular order, was read a second time and ordered to 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 S. B. 12, Relating to expedited partner therapy treatment,

            Com. Sub. for S. B. 90, Creating criminal offense for interfering or preventing call for assistance of emergency service personnel,

            S. B. 314, Appropriating hotel occupancy tax proceeds to counties with no more than one hospital,

            Com. Sub. for S. B. 322, Providing state compensate officials, officers and employees every two weeks with certain exceptions,

            S. B. 327, Updating terms in Corporation Net Income Tax Act,

            S. B. 328, Terminating Strategic Research and Development Tax Credit,

            S. B. 331, Requiring certain accelerated payment of consumers sales and service and use tax and employee withholding taxes,

            Com. Sub. for S. B. 405, Requiring presiding judge's permission to release juror qualification forms after trial’s conclusion,

            Com. Sub. for S. B. 416, Relating to tentative appraisals of natural resources property,

            And,

            S. B. 470, Providing completed grand jury questionnaires are confidential.

Leaves of Absence

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

Miscellaneous Business

            Delegate McCuskey noted to the Clerk that he was absent on today when the votes were taken on Roll Nos. 230, 231 and 232, and that had he been present, he would have voted “Yea” thereon.

            At 12:01 p.m. , the House of Delegates adjourned until 1:00 p.m., Monday, March, 3, 2014.

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