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House Journal


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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

colorseal.jpg



__________*__________



 

Wednesday, February 20, 2013

EIGHTH 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 Tuesday, February 19, 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 Caputo, Longstreth and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 33 - “Requesting the Division of Highways to name the access road to the Armed Forces Readiness Center located in Fairmont, Marion County, West Virginia, currently known as a spur of Lafayette Street, ‘201st Artillery Drive’.”

            Whereas, The United States Department of the Army Lineage and Honors records and the United States Army Institute of Heraldry recognizes the 1st Battalion, 201st Field Artillery (the “201st ”) as the oldest unit in the U.S. Army with continuous active service since February 17, 1735; and

            Whereas, While other units were formed well before that time, those did not join the Continental Army on 14 June 1775; and

            Whereas, The Institute of Heraldry also recognizes the Regiment as the only surviving unit of the original companies that formed the original United States Army in 1775 under General George Washington; and

            Whereas, History records that General George Washington was so impressed during his travels through “Western Virginia” that upon discussion of forming a Continental Army he immediately knew that he would form it with soldiers from this area, and General Washington is quoted as saying, “Let me plant my banner in West Augusta and I will surround it with fighting men who will drive the invaders from our land”; and

            Whereas, The 201st has fought during every major United States military campaign since the Revolutionary War except the Vietnam War, and in addition, the 201st has the distinction of having been split during the Civil War with half of its units fighting with the Union Army and the other half with the Confederate Army. Each Unit, the Northern 201st and the Southern 201st , earned battle streamers for combat during the Civil War, and after the war, the reconstituted 201st was authorized to fly both the Union and Confederate battle streamers on its Flag/Guidon; and

            Whereas, The 201st has been instrumental in guarding our nation and our state and protecting the lives and freedom of her citizens; and

            Whereas, The 201st as a National Guard unit has answered valiantly every call from the State of West Virginia during emergencies and disasters which have taken place both within and

without her borders; and

            Whereas, It is fitting to dedicate a public reminder that the soldiers who have worn and continue to wear the colors of the 201st have provided and continue to provide outstanding examples of selfless service; and

            Whereas, The council of the City of Fairmont, by resolution adopted by the council at a regular meeting held December 11, 2012, did respectfully request that the access road be named “201st Artillery Drive”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways name the access road to the Armed Forces Readiness Center located in Fairmont, Marion County, West Virginia, currently known as a spur of Lafayette Street, “201st Artillery Drive”; and, be it

            Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the road as the “201st Artillery Drive”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the City Clerk of the City of Fairmont, West Virginia, and to the Secretary of the Department of Transportation.

            Delegates Eldridge, Stowers, R. Phillips, Tomblin and J. Nelson offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 34 - “Requesting the Division of Highways to name bridge number 3-3-2.96 on Route 3 in Boone County, the “Army Sergeant Junior Elwood Dunlap Memorial Bridge”.”

            Whereas, Sergeant Dunlap enlisted in the United States Army on January 1, 1949; and

            Whereas, Sergeant Dunlap was captured during the Korean War while serving as a sergeant with Tank Company, Second Infantry Division’s 38th Regiment on November 1, 1950, the second in the famous “Indian Head Division” that was the hardest hit out of the Korean Battle Front; and

            Whereas, Sergeant Dunlap was held captive for thirty-two months and returned home in August 1953 when he was twenty-four years old; and

            Whereas, Sergeant Dunlap was married to Lillian Barrickman, raised four children and had nine grandchildren, six great-grandchildren and one great-great-grandchild; and

            Whereas, Sergeant Dunlap spoke numerous times at high schools, universities and public events regarding his experiences in Korea and the honor of serving one’s country; and

            Whereas, Sergeant Dunlap passed away at age seventy-seven on December 24, 2006; and

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

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 3-3-2.96 on Route 3 in Boone County, the “Army Sergeant Junior Elwood Dunlap Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Army Sergeant Junior Elwood Dunlap Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and the family of Sergeant Junior Elwood Dunlap.

            Delegates Evans, A., Rowan, Azinger, Hamilton, Sumner, Hartman, Sponaugle, Howell, Romine and Faircloth offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 35 - “Requesting that bridge number 12-93-9.84 on W. Va. Corridor H, State Route 93 and future U. S. Route 48, crossing over County Route 1, also known as the Scherr Road, in Grant County, West Virginia, be named the ‘W. Va. Fallen Firefighter Charles Eugene Kessel Memorial Bridge’.”

            Whereas, Charles Eugene Kessel was born March 20, 1950 in Petersburg, West Virginia, and as a child lived in several locations in the Potomac Highlands; and

            Whereas, In 1982 Charles Eugene Kessel married Betty Louise Sions and raised two children, Tonya Kessel Blum of Tennessee, formerly of Springfield, West Virginia, and Charles Thomas Kessel of Maysville, West Virginia, currently a member of the West Virginia State Police; and

            Whereas, Charles Eugene Kessel was especially fond of the area known as Greenland Gap, where he enjoyed hunting; and

            Whereas, Charles Eugene Kessel was employed by the Grant County Commission on Aging and the Grant County board of education; and

            Whereas, Charles Eugene Kessel joined the Maysville Volunteer Fire Department in 1975 and for twenty-seven years was a faithful and active volunteer firefighter with the group, and served in several elected executive positions with the department; and

            Whereas, The volunteer firefighter was proud to be able to serve part of his time as a firefighter along side his son, and he was particularly pleased to be able to serve the children and elderly in his community by delivering “meals on wheels” and transporting persons to various appointments; and

            Whereas, Charles Eugene Kessel was a member of the Falls Assembly of God Church; and

            Whereas, In August of 2002, while assisting the fire department as a firefighter and trustee, Charles Eugene Kessel was involved in an automobile accident which left him with debilitating injuries from which he never recovered; and

            Whereas, Charles Eugene Kessel died October 16, 2006; and

            Whereas, In October of 2009, Charles Eugene Kessel was honored as a National Fallen Firefighter at the National Fire Academy in Emmitsburg, Maryland; and

            Whereas, The name of Charles Eugene Kessel has also been added to the West Virginia Fallen Firefighter’s Memorial erected on the grounds of the State Capitol at Charleston, West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 12-93.9.84 on W. Va. Corridor H, State Route 93 and future U. S. Route 48, crossing over County Route 1, also known as the Scherr Road, in Grant County, West Virginia, the “W. Va. Fallen Firefighter Charles Eugene Kessel Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “W. Va. Fallen Firefighter Charles Eugene Kessel Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Charles Thomas Kessel at 171 Twin Oaks Drive, Maysville, WV 26833, and a certified copy to the Commissioner of the Division of Highways.

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

            By Delegates Swartzmiller, D. Poling, Ferro, Pethtel, Diserio, Jones and Caputo:

            H. J. R. 29 – “Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to reducing from sixty percent to a simple majority the number of votes required for approval of an excess levy, bond issue of incurring of indebtedness by a county, a municipality or a county board of education; allowing counties, cities, school districts and municipal corporations to approve, by a vote of the people, levies, excess levies, the incurring of indebtedness and bond issues by a majority of the votes cast for and against the same, notwithstanding any other provision of the Constitution to the contrary; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Constitutional Revision then the Judiciary.

            Mr. Speaker, Mr. Thompson, and Delegates Craig, Miller, Morgan, Perdue, Reynolds, Sobonya and Stephens offered the following resolution, which was read by the Clerk as follows:

            H. R. 8 - “Designating February 20, 2013 as ‘Marshall University Day’.”

            Whereas, 2013 marks the 176th anniversary of Marshall University, the oldest institution of higher education in West Virginia, founded in 1837 as Marshall Academy, in honor of Chief Justice John Marshall; and

            Whereas, Marshall University is one of the state’s premier institutions of higher education, and educates nearly 14,000 students at campuses in Huntington, Point Pleasant, South Charleston, Beckley, Logan and Gilbert; and

            Whereas, Marshall University offers degrees at the associate, baccalaureate, master and doctoral levels; and

            Whereas, Marshall University this year met its goal of raising $15 million in private donations for research, which, along with the match from the “Bucks for Brains” West Virginia Research Trust Fund, has resulted in the creation of sixteen new research endowments and a fifteen percent increase in the university’s overall endowment; and

            Whereas, Marshall University this year added one hundred seven new professional students in its inaugural Physical Therapy and School of Pharmacy Programs; and

            Whereas, Marshall University has built a national reputation for research in biotechnology, forensics and medicine; and

            Whereas, With every dollar the state invests in Marshall University, the University generates nearly $20 spent in the West Virginia economy, resulting in an estimated economic output of $1.5 billion per year; and

            Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing serves all fifty-five state counties providing expertise to manufacturers across West Virginia; and

            Whereas, The Nick J. Rahall, II Appalachian Transportation Institute of Marshall University is setting national standards in transportation; and

            Whereas, Marshall University’s Health Sciences train hundreds of West Virginians to serve as doctors, nurses, therapists and health technicians each year; and

            Whereas, Marshall graduates number more than ninety one thousand across the globe; therefore, be it

            Resolved by the House of Delegates:

            That the House hereby designates February 20, 2013, as “Marshall University Day”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to Stephen J. Kopp, President of Marshall University.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 8) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Committee Reports

            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. 2173, Relating to funeral expenses for indigent persons,

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

            Com. Sub. for H. B. 2173 - “A Bill to amend and reenact §9-5-18 of the Code of West Virginia, 1931, as amended, relating to funeral expenses for indigent persons; restricting payments for funeral services to those provided by a funeral director licensed by the state of West Virginia; and restricting payments for burial services to those provided by a person or business entity authorized by West Virginia law,”

            With the recommendation that the committee substitute 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. 2178, Authorizing licensing boards to require applicants to submit to criminal background checks,

            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 (H. B. 2178) was referred to the Committee on the Judiciary.

Bills Introduced

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

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

            H. B. 2553 – “A Bill to amend and reenact §31B-8-809 of the Code of West Virginia, 1931, as amended; to amend and reenact §31D-14-1420 of said code; to amend and reenact §31D-15-1530 of said code; to amend and reenact §31E-13-1320 of said code; and to amend and reenact §31E-14-1430 of said code, all relating to authorizing the Secretary of State to administratively dissolve certain business entities; authorizing dissolution if that business entity incorporator’s professional license has been revoked and that license is necessary for the continued operation of the company; and authorizing dissolution if that business entity is in default with the Bureau of Employment Programs”; to the Committee on Government Organization then the Judiciary.

By Delegates Morgan, Stephens, Staggers, Hartman, Jones, Diserio and Lynch:

            H. B. 2554 – “A Bill to amend and reenact §31D-15-1532, of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §31D-15-1533; to amend and reenact §31E-14-1432 of said code; to amend said code by adding thereto a new section, designated §31E-14-1533; and to amend and reenact §59-1-2 of said code, all relating to providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations; and establishing a fee for reinstatement”; to the Committee on Government Organization then the Judiciary.

By Delegates Kump, Faircloth, Folk and Manypenny:

            H. B. 2555 – “A Bill to repeal §3-5-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-6-13, relating to electing members of county school boards on a nonpartisan basis in general elections only; and providing that members elected in primary elections shall continue on the boards until any new members take office”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Kump, Folk, Paxton, Faircloth, Azinger, Butler, Skinner and Manypenny:

            H. B. 2556 – “A Bill to amend and reenact §8-13-23 of the Code of West Virginia, 1931, as amended, relating to waiving the publication requirements of financial statements for Class IV municipalities”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Kump, Folk, Faircloth, Azinger and J. Nelson:

            H. B. 2557 – “A Bill to amend and reenact §6C-1-3, §6C-1-4 and §6C-1-7 of the Code of West Virginia, 1931, as amended, all relating to whistle-blower law, protecting promotion or increase in compensation; allowing use of grievance procedure; protecting use of other right or legal action; and protecting rights related to political activity and membership in employee organizations”;

to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

            By Delegates Overington, J. Nelson, Folk, Kump, Faircloth, Butler, Cadle, Householder, Sobonya, Miller and Lane:

            H. B. 2558 – “A Bill to amend and reenact §8-12-5a of the Code of West Virginia, 1931, as amended, relating to repealing the ‘grandfather’ clause excepting certain municipal ordinances limiting the purchase, possession, transfer, ownership, carrying, transporting, selling or storing of guns or ammunition, from the general provision prohibiting such ordinances”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Gearheart, Householder, Sumner, Moore, Staggers, Ellington, Shott, Storch, L. Phillips and Raines:

            H. B. 2559 – “A Bill to amend and reenact §17-16A-4, §17-16A-10 and §17-16A-18 of the Code of West Virginia, 1931, as amended, all relating to requiring all debt obligations of the West Virginia parkways authority to be satisfied by February 1, 2020; eliminating tolls on the West Virginia Turnpike by February 1, 2020; providing that certain materials, equipment, assets and employees of the parkways authority be transferred to the Division of Highways; providing for employees of the parkways authority whose positions are eliminated as result of the transfer; requiring certain moneys be used for former highways of the West Virginia Turnpike; providing that all obligations and responsibilities of the parkways authority for the West Virginia Turnpike cease on January 1, 2035; prohibiting new bonds from being issued; providing an exception; and requiring the Division of Highways to accept ownership of the West Virginia Turnpike when the bonds secured by toll revenues have been paid”; to the Committee on Roads and Transportation then Finance.

By Delegates Overington, Kump, Faircloth, Butler, Cadle, Householder, Raines and R. Phillips:

            H. B. 2560 – “A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to dangerous weapons; prohibiting the possession of deadly weapons on premises of educational facilities; and providing exceptions to this prohibition by certain persons licensed to carry a concealed weapon”; to the Committee on Education then the Judiciary.

By Delegates Eldridge, J. Nelson, Lynch, Fragale, Reynolds, Stowers, Marcum, Border, Campbell, Ferns and White:

            H. B. 2561 – “A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to dangerous weapons; how license to carry deadly weapons obtained; accepting documentation of current military service or an honorable discharge from any branch of the United States Military, Reserve or National Guard as equivalent experience toward the training requirement for a concealed weapons license; and exempting these persons from payment of fees”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

By Delegate Gearheart:

            H. B. 2562 – “A Bill to amend and reenact §17-16A-1 of the Code of West Virginia, 1931, as amended, relating to prohibiting the West Virginia Parkways Authority to borrow funds effective May 1, 2013; requiring all duties, powers, functions, assets and liabilities of the Parkways Authority be transferred to the Division of Highways effective February 1, 2020; requiring all equipment and employees used for construction and maintenance activities by the Parkways Authority be transferred to the Division of Highways effective February 1, 2020; and prohibiting the collection of tolls effective February 1, 2020”; to the Committee on Roads and Transportation then Finance.

By Delegates Eldridge, R. Phillips, Stowers, Tomblin, Campbell, Reynolds, Ferns, Marcum, White, Longstreth and Fragale:

            H. B. 2563 – “A Bill to amend and reenact §18-5-18b of the Code of West Virginia, 1931, as amended, relating to county boards of education; school counselors; reducing the daily administrative time required of counselors; and increasing the time actually spent in counseling at-risk students and other pupils”; to the Committee on Education then Finance.

By Delegates J. Nelson, R. Smith, Walters, Pasdon, Sumner, R. Phillips, Ferns, L. Phillips, Raines, Eldridge and Arvon:

            H. B. 2564 – “A Bill to amend and reenact §24-2F-5 of the Code of West Virginia, 1931, as amended, relating to the Alternative and Renewable Energy Portfolio Act; delaying implementation of the act”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Kump, Folk, J. Nelson, Canterbury and Manypenny:

            H. B. 2565 – “A Bill to amend and reenact §3-1-8 of the Code of West Virginia, 1931, as amended, relating to providing official ballot status to a political party that received at least one per cent of the votes in the preceding general election for a statewide office or has at least one thousand votes registered as members of that party”; to the Committee on the Judiciary.

By Delegates Poling, M., Stowers, Paxton, L. Phillips, Reynolds, Skaff, Anderson and Sumner:

            H. B. 2566 – “A Bill to amend and reenact §18B-1A-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-2A-3 of said code, all relating to institutional operating budgets; the West Virginia Network of Educational Telecomputing; requiring the Higher Education Policy Commission and Council for Community and Technical College Education to propose procedural rules by certain date; specifying prior approval by Legislative Oversight Commission on Education Accountability; setting forth goals and objectives for state institutions of higher education and specifying procedures for measuring attainment; designating a pilot year and requiring certain reports; specifying percentages of operating budgets to be applied to outcomes-based funding annually and designating total percentages; requiring establishment of legislative committee to advise in developing procedural rules; collecting, synthesizing and disseminating data from state institutions of higher education; directing institutional boards of governors to cooperate in certain data-related operations; and providing certain privacy protections”; to the Committee on Education then Finance.

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

            H. B. 2567 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §47-9-10a and §47-9-53a, all relating to limited partnerships; authorizing the Secretary of State to administratively dissolve and reinstate limited partnerships; allowing appeals to the circuit court; and authorizing the Secretary of State to revoke and reinstate certificates of authority of foreign limited partnerships”; to the Committee on Government Organization then the Judiciary.

By Delegates Kump, Folk, Faircloth, Hamrick, Azinger, Nelson, J. and Butler:

            H. B. 2568 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24, relating to authorizing the Legislature to add a nonbinding advisory referendum ballot issue at the next general election to be held in 2014 to determine the preferences of the electorate for nonpartisan elections of members of the judiciary and the Legislature and term limits for members of the House of Delegates”; to the Committee on Constitutional Revision then the Judiciary.

By Delegates Morgan, Stephens, Staggers, Eldridge, Paxton, Lynch and Border:

            H. B. 2569 – “A Bill to amend and reenact §30-3-10 of the Code of West Virginia, 1931, as amended, relating to requirements for licenses to practice medicine and surgery and licenses to practice podiatry; eliminating the requirement that applicants must appear before the West Virginia Board of Medicine if they have failed to pass certain national licensing examinations; and granting the Board of Medicine the authority to require applicants to appear in person or electronically and produce original documents”; to the Committee on Government Organization.

By Delegates Morgan, Stephens, Hartman, Paxton, Eldridge and Lynch:

            H. B. 2570 – “A Bill to amend and reenact §6C-2-2 and §6C-2-3 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Public Employees Grievance Procedure; adding definition for discovery; requiring agencies to allow reasonable time for representatives to appear; providing for discovery requests; and clarifying that participation in proceedings is considered work time”; to the Committee on Government Organization then the Judiciary.

By Delegates Craig, White, Marcum, Morgan, Stowers, Eldridge, R. Phillips, Reynolds, Skaff and Miller:

            H. B. 2571 – “A Bill to amend and reenact §22B-3-1 of the Code of West Virginia, 1931, as amended, relating to permitting individuals from state departments and agencies, except the Department of Environmental Protection, who have received a significant portion of his or her income, during a two-year period, from national pollutant discharge elimination system permit holders and applicants for certain state permits to serve as members of the environmental quality board”;to the Committee on Government Organization.

By Delegates Overington, J. Nelson, Folk, Kump, Faircloth, Butler, Cadle, Householder, Phillips, R., Barrett and Miller:

            H. B. 2572 – “A Bill to amend and reenact §20-2-5 and §20-2-6a of the Code of West Virginia, 1931, as amended, all relating to clarifying circumstances under which a person may possess certain firearms while afield hunting or engaging in other outdoor recreational activities”;

to the Committee on the Judiciary.

By Delegates Morgan, Stephens, Hartman and Paxton:

            H. B. 2573 – “A Bill to amend and reenact §30-5-1a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-5-16 of said code; and to amend and reenact §60A-3-301 of said code, all relating to authorizing boards that issue licenses to engage in the manufacture, distribution or dispensing of controlled substances to set fees by legislative rulemaking”; to the Committee on Government Organization then the Judiciary.

By Delegates Morgan, Stephens, Hartman, Eldridge, Jones, Paxton, Lynch, Howell, Border, Folk and J. Nelson:

            H. B. 2574 – “A Bill to amend and reenact §11A-4-4 of the Code of West Virginia, 1931, as amended, relating to the right of an owner of real estate to set aside a tax deed; and requiring possession by the purchaser of delinquent real estate before the statute of limitations takes effect.”

to the Committee on the Judiciary then Finance.

By Delegates Kump, Folk, D. Evans and Faircloth:

            H. B. 2575 – “A Bill to amend and reenact §21-5A-5 of the Code of West Virginia, 1931, as amended, relating to setting West Virginia prevailing wage rates by county”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Kump, Folk and Faircloth:

            H. B. 2576 – “A Bill to repeal §21-5A-1, §21-5A-2, §21-5A-3, §21-5A-5, §21-5A-6, §21-5A-7, §21-5A-8, §21-5A-9, §21-5A-10 and §21-5A-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-11B-14 of said code; to amend and reenact §7-20-22 of said code; to amend and reenact §17-27-16 of said code; to amend and reenact §17-28-9 of said code; and to amend and reenact §18-5-9a of said code, all relating to repealing requirements that prevailing wages be paid in connection with the construction of public improvements”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

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

            H. B. 2577 – “A Bill to repeal §30-5-1a, §30-5-1b, §30-5-2a, §30-5-3a, §30-5-5a, §30-5-5b, §30-5-6a, §30-5-7a, §30-5-7b, §30-5-7c, §30-5-9a, §30-5-10a, §30-5-12b, §30-5-12c, §30-5-14a, §30-5-14b, §30-5-16a, §30-5-16b, §30-5-16c and §30-5-22a of the Code of West Virginia, 1931, as amended; to amend and reenact §16-5A-9a of said code; to amend and reenact §30-5-1, §30-5-2, §30-5-3, §30-5-4, §30-5-5, §30-5-6, §30-5-7, §30-5-8, §30-5-9, §30-5-10, §30-5-11, §30-5-12, §30-5-13, §30-5-14, §30-5-15, §30-5-16, §30-5-17, §30-5-18, §30-5-19, §30-5-20, §30-5-21, §30-5-22, §30-5-23, §30-5-24, §30-5-25, §30-5-26, §30-5-27, §30-5-28, §30-5-29 and §30-5-30 of said code; to amend said code by adding thereto four new sections, designated §30-5-31, §30-5-32, §30-5-33 and §30-5-34; and to amend and reenact §60A-10-3 of said code, all relating to the practice of pharmacist care; prohibiting the practice of pharmacist care without a license; permitting a licensed practitioner to dispense in certain settings; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, registration and permit requirements; creating a scope of practice; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirement to participate in collaborative pharmacy practice; providing requirement for dispensing generic drugs; requiring the registration of pharmacies requiring a permit for mail-order pharmacies and manufacturing of drugs; providing requirements of filling prescriptions; providing requirements for the display of a board authorization; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and updating references”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Morgan, Stephens, Staggers, Eldridge, Hartman, Jones, Paxton, Lynch, Fleischauer, Folk and Arvon:

            H. B. 2578 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4 and §5B-2I-5, all relating to creating the Good Jobs Internet Reporting Act; requiring government agencies to report job creation and retention information related to development assistance programs to the Department of Revenue; requiring tracking numbers for all development assistance projects and tax credits; requiring the Tax Department to report development assistance tax credit information to the Department of Revenue; requiring tax levying bodies to report tax assessment valuation determination information to the Department of Revenue; requiring the Department of Revenue to compile and report all information required under this article to the Legislature; and requiring the Department of Revenue to publish reports on the internet”; to the Committee on Government Organization then Finance.

By Delegates R. Phillips, Stowers, Eldridge, Tomblin, White, Marcum, Caputo, Boggs, Craig, Sumner and J. Nelson:

            H. B. 2579 – “A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to protecting state waters; legislative findings; and an implementation plan to establish state specific selenium criteria”; to the Committee on the Judiciary.

House Calendar

Third ReadingH. B. 2434, Relating to compensation in the magistrate court system; 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. 3), and there were--yeas 53, nays 45, absent and not voting 2, with the nays and absent and not voting being as follows:

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

            Absent and Not Voting: Perdue and Pino.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2434) passed.

            Delegate Boggs moved that the bill take effect July 1, 2013.

            On this question, the yeas and nays were taken (Roll No. 4), and there were--yeas 62, nays 36, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Ambler, Andes, Armstead, Arvon, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, D. Evans, Faircloth, Frich, Gearheart, Hamrick, Householder, Howell, Kump, Lane, McCuskey, Miller, E. Nelson, Overington, Pasdon, Raines, Rowan, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: Perdue and Pino.

            So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the motion that the bill take effect July 1, 2013 rejected.

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

First ReadingCom. Sub. for 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; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Remarks by Members

            Delegate Eldridge asked and obtained unanimous consent that the remarks of Delegate Miley regarding H. B. 2434, Relating to compensation in the magistrate court system be printed in the Appendix to the Journal.

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Perdue and Pino.

            At 1:06 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 21, 2013.

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