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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Committee Schedule | Calendar | Local Calendar | Special Calendar | Journal | Menu |

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)

Eighty-first Legislature

First 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 19, 2013

SEVENTH DAY

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

 

 

            The House of Delegates met at 11:00 a.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 Monday, February 18, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.

Resolutions Introduced

            Delegates Poore, Marshall, Guthrie, Walker and Moore offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 9 - “Calling upon the United States Congress to propose a constitutional amendment overturning the United States Supreme Court’s Citizens United v. Federal Election Commission ruling and related cases.”

            Whereas, In 2010, the United States Supreme Court issued its ruling in Citizens United v. Federal Election Commission that enabled corporations and unions to spend unlimited amounts of money to influence the outcome of our elections; and

            Whereas, A subsequent ruling Speechnow.org v. Federal Election Commission, opened the door for individual donors to spend unlimited amounts as well; and

            Whereas, The use of so-called Super PACs by wealthy individuals and special interests nationally has driven up the cost of elections to over $6 billion in the federal elections alone and reduced local voices in the democratic process; and

            Whereas, In 2012, based upon Citizens United, the U.S. Supreme Court struck down a century old long-standing Montana campaign finance law, denying states the right to regulate their elections in accordance with their experience of the corrupting influence of money in politics; and

            Whereas, The people of West Virginia and all other states should have the power to limit by law the influence of money in their political systems; and

            Whereas, On Election Day, 2012, over six million voters across the United States had the opportunity to vote on state and local ballot measures, including the states of Montana and Colorado, calling for a constitutional amendment to limit money in politics, including the entire states of Montana and Colorado, and all proposed resolutions passed with overwhelming and bipartisan support, averaging seventy-five percent of voters in favor; therefore, be it

            Resolved by the House of Delegates:

            That the West Virginia House of Delegates supports an amendment to the United States Constitution to establish that corporations are not entitled to the same rights and protection as natural persons under the Constitution; and, be it

            Further Resolved, That such an amendment should assure the power of the federal, state, and local governments to limit, regulate, and require disclosure of sources of all money spent to influence elections; and, be it

            Further Resolved, That the West Virginia House of Delegates requests that the West Virginia Congressional Delegation support such an amendment, work diligently towards its passage, and vote at all stages to advance such legislation in the Congress; and, be it

            Further Resolved, That the Clerk of the West Virginia House of Delegates deliver a copy of this resolution to the Vice President of the United States and the President pro tempore of the United States Senate, to the Speaker of the House of Representatives, to the Majority and Minority Leaders of both Houses of Congress, and to each United States Senator and Member of the House of Representatives from West Virginia.

            Delegates Skaff, Armstead, Eldridge, Guthrie, Hunt, Lane, McCuskey, Nelson, E., Poore, Raines, Stowers, Walters and Wells offered the following resolution, which was read by the Clerk as follows:

            H. R. 10 - “Recognizing the statewide contributions of the Clay Center for the Arts and Sciences of West Virginia.”

            Whereas, The Clay Center opened its doors on July 13, 2003, as one of only three venues in the country to combine science, visual and performing arts in one facility; and

            Whereas, The Clay Center’s Avampato Discovery Museum is West Virginia’s only interactive science museum; and

            Whereas, The Clay Center’s Juliet Museum of Art is one of just four public museums in West Virginia with a permanent art collection; and

            Whereas, More than fifty thousand students from fifty West Virginia counties have benefitted from the Clay Center’s science and art programs each year; and

            Whereas, More than six hundred fifty West Virginia students have received free instruments and music lessons through the Clay Community Arts program; and

            Whereas, Through physical outreach presentations and virtual distance learning programs, close to seven hundred students from across the state have visited the Clay Center without ever leaving the classroom; and

            Whereas, More than 1.3 million people from forty-nine states have visited the Clay Center since its opening; and

            Whereas, Clay Center activities add approximately $16.4 million to West Virginia’s economy each year; and

            Whereas, Close to four hundred jobs are generated by the Clay Center; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby honors the Clay Center for the Arts and Sciences of West Virginia on February 19, 2013; and, be it

            Further Resolved, That the House of Delegates invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the Clay Center for the Arts and Sciences of West Virginia and its contributions to our state; and, be it

            Further Resolved, The Clerk of the House of Delegates forward a certified copy of this resolution to the Clay Center for the Arts and Sciences of West Virginia.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 10) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

            Delegates Boggs, Espinosa, Staggers, Rowan, O’Neal, Sobonya, Pasdon, Householder, Walker and Sumner offered the following resolution, which was read by the Clerk as follows:            H. R. 11 - “Designating February 19, 2013, as ‘West Virginia Home School Day’.”

            Whereas, The State of West Virginia is committed to excellence in education; and

            Whereas, The State of West Virginia recognizes that parental involvement and individualized attention to educational success are unique and basic components of home schooling; and

            Whereas, Home-schooled students exhibit self-confidence and good citizenship and are prepared academically to meet the challenges of today’s society; and

            Whereas, Contemporary studies continue to confirm that children who are educated at home score exceptionally well on national achievement tests and score above the national average on SAT and ACT tests; and

            Whereas, Home-schooled students have shown to be competitive with publicly and privately schooled students at the college level; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby designates February 19, 2013, as “West Virginia Home School Day”; and, be it

            Further Resolved, That the House of Delegates recognizes students, teachers and families involved with home schooling in West Virginia for their dedication to excellence in education; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the West Virginia Home Educators Association and the Christian Home Educators of West Virginia.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 11) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Committee Reports

            Delegate Perry, Vice Chairman 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. 2487, Prohibiting the use of laetrile,

            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. 2487) was referred to the Committee on the Judiciary.

            Delegate Miley, 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. 2471, Prohibiting the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency,

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

            Com. Sub. for H. B. 2471 - “A Bill to amend and reenact §15-5-6 and §15-5-19a of the Code of West Virginia, 1931, as amended, all relating to exercise of restricted state and local authority during a declared state of emergency; possession of firearms during a declared state of emergency; prohibiting the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency; clarifying scope of right to seize or confiscate otherwise lawfully-possessed firearm during a declared state of emergency; providing exceptions thereto; providing a remedy at law and equity for a violations of this article for the improper seizure of firearms or ammunition during a declared state of emergency; providing a cause of action for the return of the ammunition and firearms seized in violation of these proscriptions; establishing a venue for actions; and providing for the award of costs and attorney fees to a prevailing plaintiff,”

            With the recommendation that the committee substitute do pass.

            Delegate Miley, 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. 2488, Real Property Transfer on Death 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. 2488) was referred to the Committee on Finance.

Bills Introduced

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

By Delegates Sobonya, Border, Miller, J. Nelson, R. Phillips, Fleischauer, Marshall, Perry, Raines, Pasdon and Folk:

            H. B. 2525 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26w, relating to providing a cost-of-living provision for certain persons retired under the Teachers Retirement System”; to the Committee on Pensions and Retirement then Finance.

By Delegates Ellington, O'Neal, Gearheart, Householder, Overington, Howell, Storch, Border, Miller, Walker and Faircloth:

            H. B. 2526 – “A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the secondary schools athletic commission; and participation by home schooled students in extracurricular activities”; to the Committee on Education then Finance.

By Delegates Ellington, E. Nelson, O'Neal, Ireland, Gearheart, Householder, Overington, Howell, Border, Pasdon and Miller:

            H. B. 2527 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6, relating to human services; application for and granting of assistance; and implementing drug testing for recipients of federal-state and state assistance”; to the Committee on the Judiciary then Finance.

By Delegates Ellington, E. Nelson, Gearheart, Householder, Overington, Howell, Border, Rowan, Shott, R. Phillips and Sobonya:

            H. B. 2528 – “A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, relating to prohibiting the Division of Motor Vehicles from issuing instruction permits to applicants who have not successfully passed drug tests; and permitting a level two intermediate licensee to be issued a level three full Class E license if he or she has successfully passed a drug test”; to the Committee on Roads and Transportation then Finance.

By Delegates Ellington, Gearheart, Householder, Howell, Storch, Border, Rowan, Shott, Folk and Faircloth:

            H. B. 2529 – “A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended, relating to reducing the motor fuel excise tax”; to the Committee on Roads and Transportation then Finance.

By Delegates Perdue, Perry, Eldridge, Ellington, Lawrence, Morgan and Staggers:

            H. B. 2530 – “A Bill to amend and reenact §30-21-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §30-30-30; to amend and reenact §30-31-8 and §30-31-9 of said code, all relating to reciprocity for psychologists, social workers, professional counselors and marriage and family therapists; and granting those professionals licensure to practice in the state provided certain conditions are met”; to the Committee on Government Organization then the Judiciary.

By Delegates Morgan, Stephens, Paxton, Hartman, Ferns, Howell, Folk, R. Smith, Faircloth, Arvon and J. Nelson:

            H. B. 2531 – “A Bill to repeal §30-32-23 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-32-1, §30-32-2, §30-32-3, §30-32-4, §30-32-5, §30-32-6, §30-32-7, §30-32-8, §30-32-9, §30-32-10, §30-32-11, §30-32-12, §30-32-13, §30-32-14, §30-32-15, §30-32-16, §30-32-17, §30-32-18, §30-32-19, §30-32-20 and §30-32-21 of said code, all relating to the practice of speech-language pathology and audiology; prohibiting practice without a license; providing exemptions; specifying applicability of other law; providing definitions; continuing the board of Examiners for Speech-Language Pathology and Audiology; specifying qualifications of board members; providing terms and conditions of board members’ service; providing for election of board officers; providing for compensation and expense reimbursement of board members; setting forth powers and duties of the board; providing rule-making authority; continuing the board of Examiners for Speech-Language Pathology and Audiology Fund; providing qualifications for practicing speech-language pathology or audiology; providing for provisional licenses to practice while attaining required postgraduate professional experience; providing for waiver of requirements for persons who hold a license from another state with substantially equivalent standards; providing for practice pending disposition of application; requiring a license to practice in public schools; providing requirements for attaining a license to practice in public schools; providing scopes of practice for speech-language pathology and audiology; requiring speech-language pathology assistants and audiology assistants to register with the board; providing registration and supervision requirements for speech-language pathology assistants and audiology assistants; requiring a license to telepractice; providing conditions and requirements for telepractice; providing for renewal of licenses and registrations; providing for renewal of lapsed licenses and registrations; providing for the suspension, revocation and refusal to renew licenses and registrations; providing for the reinstatement of revoked licenses and registrations; authorizing actions to enjoin violations; providing for the investigation of complaints; setting forth complaint procedures and hearing procedures; establishing grounds for disciplinary actions; providing for rights of appeal and judicial review; providing that a single act is sufficient to justify disciplinary action; providing for criminal proceedings; and providing for criminal penalties”; to the Committee on Government Organization then the Judiciary.

By Delegates Caputo, Longstreth, Diserio and Manchin:

            H. B. 2532 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1 and §21-5G-2; and to amend said code by adding thereto a new section, designated §33-11-5b, all relating to prohibiting the use of a person’s credit history in employment hires except in limited circumstances where there is a legitimate job related purpose in requesting the credit history; and prohibiting the use of a person’s credit history in certain insurance transactions”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Morgan, Stephens, Diserio, Hartman, Ferns, Jones, Paxton and P. Smith:

            H. B. 2533 – “A Bill to repeal §30-35-2a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-35-1, §30-35-2, §30-35-3, §30-35-4, §30-35-5, §30-35-6, §30-35-7, §30-35-8, §30-35-9, §30-35-10, §30-35-11, §30-35-12, §30-35-13 and §30-35-14 of said code; and to amend said code by adding thereto four new sections, designated §30-35-15, §30-35-16, §30-35-17 and §30-35-18, all relating to the practice of dietetics; providing that it is unlawful to practice dietetics without a license; defining terms; providing board member qualifications; describing conditions and terms of board appointments; describing powers and duties of the board; defining board rule-making authority; continuing the board of Licensed Dieticians Fund in the State Treasury; establishing conditions for licensure; defining the scope of practice of dieticians; authorizing the issuance of temporary permits; requiring license renewal; requiring display of a license; providing the board may enjoin licensees; authorizing the board to investigate complaints; providing for due process for licensees; describing procedures for hearings and rights of appeal; authorizing criminal proceedings and prescribing criminal penalties for violations”; to the Committee on Government Organization then the Judiciary.

By Delegates Morgan, Stephens, Diserio, Jones, Paxton and P. Smith:

            H. B. 2534 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-26-1, §47-26-2, §47-26-3, §47-26-4 and §47-26-5, all relating to the regulation of pawn brokers; defining terms; requiring transaction records; specifying misdemeanor criminal penalty for violations; requiring record retention; and authorizing municipal and county regulation”; to the Committee on Government Organization then the Judiciary.

By Delegates J. Nelson, Walters, Andes, R. Smith, Skaff, Phillips, R. Marcum, Stowers, Eldridge, Tomblin and Lynch:

            H. B. 2535 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3 and §22-30-4; and to amend said code by adding thereto a new article, designated §22-31-1, §22-31-2, §22-31-3 and §22-31-4, all relating to creating the ‘Intrastate Coal and Use Act’ and the ‘Intrastate Oil and Natural Gas and Use Act’; establishing that the environmental regulation of coal and certain coal products mined and used within the state are exclusively regulated by the West Virginia Department of Environmental Protection; establishing that the environmental regulation of oil and natural gas produced and used within the state is exclusively regulated by the West Virginia Department of Environmental Protection; stating the legislative authority; and defining terms”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Swartzmiller, Diserio and Jones:

            H. B. 2536 – “A Bill to amend and reenact §16-2D-4 of the Code of West Virginia, 1931, as amended, relating to permitting certain hospitals to request an exemption from certificates of need for health care facilities in specific instances”; to the Committee on Health and Human Resources then Government Organization.

By Delegates Caputo, Longstreth, Diserio and Manchin:

            H. B. 2537 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-11-1, §47-11-2, §47-11-3, §47-11-4, §47-11-5, §47-11-6, §47-11-7, §47-11-8 and §47-11-9, all relating to requiring retail establishments offering gasoline or other motor fuel to provide refueling assistance and refueling access to persons with a disability; establishing requirements and exceptions; rule-making authority; and penalties”; to the Committee on Roads and Transportation then the Judiciary.

By Mr. Speaker, Mr. Thompson, and Delegate Armstead

            [By Request of the Executive]:

            H. B. 2538 – “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2013 in the amount of $1,500,000 from the State Election Commission, Supreme Court Public Campaign Financing Fund, fund 1690, fiscal year 2013, organization 1601, and in the amount of $2,500,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2013, organization 0201, and in the amount of $18,317,356.29 from the Department of Administration, Education, Arts, Sciences and Tourism Debt Service Fund, fund 2252, fiscal year 2013, organization 0211, and in the amount of $3,800,000 from the Department of Administration, Division of General Services, 2004 Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2013, organization 0211, and in the amount of $8,000,000 from the Department of Administration, Board of Risk and Insurance Management, Premium Tax Saving Fund, fund 2367, fiscal year 2013, organization 0218, and in the amount of $2,000,000 from the Department of Health and Human Resources, Division of Human Services, Low Income Energy Assistance Program Fund, fund 5081, fiscal year 2013, organization 0511, and in the amount of $4,600,000 from the Department of Revenue, State Budget Office, Public Employees Insurance Reserve Fund, fund 7400, fiscal year 2013, organization 0703, and in the amount of $20,000,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2013, organization 0704, and in the amount of $14,736,022 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2013, organization 0705, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Division of Finance, fund 0203, fiscal year 2013, organization 0209, to the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2013, organization 0310, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2013, organization 0601, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2013, organization 0608, to the West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2013, organization 0420, and to the Higher Education Policy Commission - Control Account, fund 0586, fiscal year 2013, organization 0442, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013”; to the Committee on Finance.

By Mr. Speaker, Mr. Thompson, and Delegate Armstead

            [By Request of the Executive]:

            H. B. 2539 – “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Commerce, Division of Labor, fund 0260, fiscal year 2013, organization 0308, and the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2013”; to the Committee on Finance.

By Mr. Speaker, Mr. Thompson, and Delegate Armstead

            [By Request of the Executive]:

            H. B. 2540 – “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2013, in the amount of $23,972,984 from the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2008, organization 0201, activity 635, and in the amount of $5,000,000 from the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2008, organization 0310, activity 761, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Public Defender Services, fund 0226, fiscal year 2013, organization 0221, and to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013”; to the Committee on Finance.

By Mr. Speaker, Mr. Thompson, and Delegate Armstead

            [By Request of the Executive]:

            H. B. 2541 – “A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services, fund 5365, fiscal year 2013, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 20, 2013”; to the Committee on Finance.

By Delegates Morgan, Stephens, Jones, Paxton, P. Smith, Staggers, Hartman and Lynch:

            H. B. 2542 – “A Bill to amend and reenact §29A-2-7 of the Code of West Virginia, 1931, as amended, relating to publication of the State Register; providing that the State Register and its supplements will be available only in electronic format with limited exceptions; and providing that the fees collected for the sale of certain records will be deposited in equal amounts into the General Revenue Fund and the service fees and collections account”; to the Committee on Government Organization then Finance.

By Mr. Speaker, Mr. Thompson, and Delegates Boggs, Caputo, Swartzmiller, White, Miley, M. Poling, Morgan, Armstead, Lane and Cowles:

            H. B. 2543 – “A Bill to amend and reenact §12-4-14a of the Code of West Virginia, 1931, as amended, relating to specifying that the subsidy provided to volunteer fire departments to offset certain workers’ compensation premium increases apply to increases attributable to the fire fighting service, rapid response emergency medical service, ambulance service and diving service components of the services provided by volunteer fire departments”; to the Committee on Finance.

By Delegates Walters, Craig, Hunt, White, J. Nelson, Folk, Raines, Paxton, Kump, Boggs and Miley:

            H. B. 2544 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2 and §11-13DD-3; to amend and reenact §15-5-21 of said code; to amend said code by adding thereto a new section, designated §17-2A-8d; and to amend and reenact §55-7D-1 of said code, all relating to improving state emergency preparedness; creating an emergency generator tax credit for gas or propane fueled machines; requiring the Office of Emergency Services to coordinate with local radio and television stations to broadcast public service announcements with information as to the location of emergency shelters; to authorizing the Commissioner of Highways to erect signs relating to emergency shelters; providing tax credits for use of emergency generators; and providing a protection from civil or criminal liability to persons donating food during times of emergencies”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates Ellington, M. Poling, Rowan, Miller, Sumner, Pasdon, Perdue, Faircloth, Perry, Marcum and E. Nelson:

            H. B. 2545 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-3-4, relating to health professionals student loan programs; creating the Nonresident Medical Student Tuition Regularization Program; legislative findings; stating a purpose of offering nonresident medical students a partial tuition waiver as a means of recruiting practicing physicians to under-served areas and to primary care and practitioner shortage fields in West Virginia; establishing eligibility; requiring nonresident medical students to commit to rendering services for one calendar year as a medical doctor or a doctor of osteopathy in this state for each academic year for which he or she participates in the program; providing a penalty for failure to satisfy service commitment; and requiring the Higher Education Policy Commission to promulgate rules to implement the program”; to the Committee on Education then Finance.

By Delegates Howell and Hamrick:

            H. B. 2546 – “A Bill to amend and reenact §8-14A-1 of the Code of West Virginia, 1931, as amended, relating to exempting nondisciplinary letters of recommendations or counseling from the definition of punitive action contained within the civil service provisions for municipal police officers and firefighters”; to the Committee on Political Subdivisions then the Judiciary.

By Delegate Ellem:

            H. B. 2547 – “A Bill to repeal §53-8-1, §53-8-2, §53-8-3, §53-8-4, §53-8-5, §53-8-6, §53-8-7, §53-8-8, §53-8-9, §53-8-10, §53-8-11, §53-8-12, §53-8-13, §53-8-14, §53-8-15, §53-8-16 and §53-8-17 of the Code of West Virginia, 1931, as amended, relating repealing provisions establishing a system for the issuance of personal safety orders”; to the Committee on the Judiciary.

By Delegates Ferro, Stowers, Pethtel, Swartzmiller, Storch, Marcum, Boggs, Ferns, D. Poling, Diserio and L. Phillips:

            H. B. 2548 – “A Bill to amend and reenact §61-2-15a of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for assaults and batteries against athletic officials”; to the Committee on the Judiciary then Finance.

By Delegates P. Smith, L. Phillips, Moore, White, Marcum and Miley:

            H. B. 2549 – “A Bill to amend and enact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931, as amended, all relating to increasing salaries of those magistrates and their staffs whose salaries were reduced as a result of the 2010 census to precensus amounts; providing an effective date; and providing that the salary increase is retroactive to January 1, 2013”; to the Committee on the Judiciary then Finance.

By Delegates Hunt, Craig, Lane, Barill, Miley, Paxton, Faircloth, Hamilton, P. Smith, Perry and Moore:

            H. B. 2550 – “A Bill to amend and reenact §61-8C-3 of the Code of West Virginia, 1931, as amended, relating to crimes; distribution and exhibiting of material depicting minors in sexually explicit conduct; adding offense of receiving materials depicting minors in sexually explicit conduct; and enhancing felony criminal penalty”; to the Committee on the Judiciary then Finance.

By Delegates Boggs, Hamilton and Moore:

            H. B. 2551 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-20-18a, relating to prohibiting insurers from increasing premiums following payment of a claim when event resulting in claim did not result from negligent acts of omissions of insured”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Swartzmiller, Jones, Storch, Diserio, Ferro, Boggs, Ferns and D. Poling:

            H. B. 2552 – “A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to dangerous weapons; and providing an exception to the requirement of having a license to carry a concealed weapon by magistrates and municipal court judges”; to the Committee on the Judiciary.

House Calendar

Second ReadingH. B. 2434, Relating to compensation in the magistrate court system; on second reading, coming up in regular order, was read a second time.

            Delegate Overington requested, which request was joined in by Delegate Hunt, that the amendments heretofore filed with the Clerk be withdrawn

            The bill was then ordered to engrossment and third reading.

            At 11:33 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 20, 2013.

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