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House Journal


Day 00 (01-9-02013)
Day 01 (02-13-2013)
Day 02 (02-14-2013)
Day 03 (02-15-2013)
Day 06 (02-18-2013)
Day 07 (02-19-2013)
Day 08 (02-20-2013)
Day 09 (02-21-2013)
Day 10 (02-22-2013)
Day 13 (02-25-2013)
Day 14 (02-26-2013)
Day 15 (02-27-2013)
Day 16 (02-28-2013)
Day 17 (03-01-2013)
Day 20 (03-04-2013)
Day 21 (03-05-2013)
Day 22 (03-06-2013)
Day 23 (03-07-2013)
Day 24 (03-08-2013)
Day 27 (03-11-2013)
Day 28 (03-12-2013)
Day 29 (03-13-2013)
Day 30 (03-14-2013)
Day 34 (03-18-2013)
Day 35 (03-19-2013)
Day 36 (03-20-2013)
Day 37 (03-21-2013)
Day 38 (03-22-2013)
Day 41 (03-25-2013)
Day 42 (03-26-2013)
Day 43 (03-27-2013)
Day 44 (03-28-2013)
Day 45 (03-29-2013)
Day 48 (04-01-2013)
Day 49 (04-02-2013)
Day 50 (04-03-2013)
Day 51 (04-04-2013)
Day 52 (04-05-2013)
Day 55 (04-08-2013)
Day 56 (04-09-2013)
Day 57 (04-10-2013)
Day 58 (04-11-2013)
Day 59 (04-12-2013)
hdj2013-02-18-06


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Monday, February 18, 2013

SIXTH DAY

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

                              

     The House of Delegates met at 1:00 p.m., and was called to order by the Honorable Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Friday, February 15, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Petitions

     Delegate A. Evans presented a petition on behalf of his constituents, requesting that the Division of Highways add to the State Highway System that certain road commonly known as Outlaw Trail, in Grant County; which was referred to the Committee on Roads and Transportation.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Perry, M. Poling and Stowers:
     
H. B. 2518 - "A Bill to repeal section §55-7-19 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-2-25a; to amend and reenact §29-12-5a of said code; and to amend and reenact §55-7-15 of said code, all relating to establishing protocols and protections to limit and treat injury to youth athletes and students; making findings with respect to concussions; defining certain terms and requiring Secondary School Activities Commission rule addressing concussions and head injuries; specifying certain minimum provisions of rule; requiring inclusion of volunteer workers and student teachers under the professional and liability coverage provided to county school boards by Board of Risk and Insurance Management; including licensed health care professional within term 'volunteer worker' with certain conditions and limiting civil liability; including medical assistance rendered by licensed medical professional without remuneration to youth athlete as equivalent to emergency care at scene of accident or medical emergency for protection from liability for civil damages; and including scheduled practices within term 'event'"; to the Committee on Education then the Judiciary.
     By Mr. Speaker, Mr. Thompson, and Delegate Armstead
     
[By Request of the Executive]:
     
H. B. 2519 - "A Bill to amend and reenact §11-24-43a of the Code of West Virginia, 1931, as amended; to amend and reenact §31-15A-16 of said code; and to amend and reenact §33-20F-4 of said code, all relating to reallocation and repatriation of certain funds to the General Revenue Fund; specifying that dedication of tax proceeds for deposit in the Special Railroad and Intermodal Enhancement Fund expire at the end of June 30, 2013; reducing the amount deposited annually to the credit of the West Virginia Infrastructure General Obligation Debt Service Fund, subject to certain limitations, conditions and constraints; deleting obsolete provisions regarding a loan from the Tobacco Settlement Medical Trust Fund to the Physician's Mutual Insurance Company; deleting the provision requiring some taxes on medical malpractice insurance premiums to be paid into the Revenue Shortfall Reserve Fund; and specifying effective dates"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Skaff:
     
H. B. 2520 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5-13g, relating to juvenile proceedings; proscribing juveniles from manufacturing, possessing and distributing nude or partially nude images of minors; declaring a violation to be an act of juvenile delinquency; and providing for the punishment thereof"; to the Committee on the Judiciary then Finance.
By Delegate Skaff:
     
H. B. 2521 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-7-705a, relating to the West Virginia Contraband Forfeiture Act; revising procedures for administrative forfeiture of certain types of property involved in the trafficking of controlled substances; establishing time frames; and providing for notice"; to the Committee on the Judiciary.
By Delegates Marcum, R. Phillips, J. Nelson, White, Eldridge, Reynolds, Tomblin, Barill, L. Phillips, Ellington and E. Nelson:
     
H. B. 2522 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue a special 'HATFIELD and MCCOY' license plate"; to the Committee on Roads and Transportation then Finance.
By Delegates Perdue, Arvon, Border, Eldridge, Ellington, Marshall, Miller, Moye, Pasdon, Poore and Rowan:
     
H. B. 2523 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend and reenact §30-3-14 and §30-3-16 of said code; to amend and reenact §30-7-15a of said code; to amend and reenact §30-14-11 of said code; and to amend and reenact §30-14A-1 of said code, all relating to treatment for a sexually transmitted disease; defining terms; permitting prescribing of antibiotics to sexual partners of a patient without a prior examination of the partner; requiring patient counseling; establishing counseling criteria; requiring information materials be prepared by the Department of Health and Human Resources; providing limited liability for providing expedited partnership therapy; and requiring legislative rules regarding what is considered a sexually transmitted disease and providing that physicians, physician assistants and advanced nurse practitioners are not subject to disciplinary action for providing treatment in an expedited partnership setting"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perdue, Perry, Eldridge, Ellington, Lawrence, Poore and Staggers:
     
H. B. 2524 - "A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to requiring opioid treatment programs to report and provide statistics to the Legislative Oversight Commission on Health and Human Resources Accountability; deleting outdated language; and making stylistic changes"; to the Committee on Health and Human Resources then the Judiciary.

House Calendar

First Reading

     H. B. 2434
, Relating to compensation in the magistrate court system; on first reading, coming up in regular order, was read a first time.
     Delegate Lane arose and expressed opposition to the bill.
     In accordance with House Rule 103, the Speaker propounded "Shall the bill be rejected?" and on this question, Delegate Lane demanded the yeas and nays, which demanded was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 2), and there were--yeas 43, nays 53, absent and not voting 4, with the yeas and absent and not voting being as follows:
     Yeas: Ambler, Anderson, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Kump, Lane, McCuskey, Miller, E. Nelson, J. Nelson, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.
     Absent and Not Voting: Andes, Hunt, Perdue and Pino.
     So, a majority of the members present and voting not having voted in the affirmative, H. B. 2434 was not rejected and was advanced to second reading.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Andes, Hunt, Perdue and Pino.
     At 1:54 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 19, 2013.

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