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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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__________*__________

 

Thursday, February 21, 2013

NINTH 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 Wednesday, February 20, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

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

            H. B. 2237, Requiring physicians and other licensed prescribers offer the drug Naloxone to their patients who are prescribed opiates for chronic pain,

            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. 2237) was referred to the Committee on the Judiciary.

Messages from the Senate

            A message from the Senate, by

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

            Com. Sub. for S. B. 74 - “A Bill to amend and reenact §52-1-5a and §52-1-8 of the Code of West Virginia, 1931, as amended, all relating to redefining the basis for disqualification of prospective jurors to include those who have been convicted of any crime punishable by imprisonment in excess of one year, perjury or false swearing”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 116 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to crimes against property involving graffiti; defining offense and terms; allowing for aggregation of valuations for penalty purposes; and establishing penalties”; which was referred to the Committee on the Judiciary then Finance.

Resolutions Introduced

            Mr. Speaker, Mr. Thompson, and Delegate Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 36 - “Requesting that the bridge located in Wayne County, West Virginia, at the intersection of West Virginia Route 7, also known as Patrick Creek Road, and West Virginia Route 152 be named the ‘Private First Class Oscar Harper, Sr. Memorial Bridge’.”

            Whereas, Oscar Harper, Sr. was born February 7, 1922, at Williams, Kentucky, son of the late David Edward Harper and Rebecca Myrtle Perkins Harper; and

            Whereas, Oscar Harper, Sr. died on February 18 in the year 2006 at the age of eighty-four; and

            Whereas, During his long and colorful life, Oscar Harper, Sr. resided for many years in Ceredo, Wayne County, West Virginia, where he worked and retired from Union Concrete Pipe Company in Ceredo, West Virginia, and was a long-standing member of Lick Creek United Church, Wayne, West Virginia; and

            Whereas, Oscar Harper, Sr. was a U.S. Army Veteran of World War II, serving with the 83rd Division, 329th Infantry; and

            Whereas, While in the U.S. Army, Oscar Harper, Sr. served in the European Theater and was in Normandy at Omaha Beach Head during the invasion of France; and

            Whereas, Oscar Harper, Sr. received The Purple Heart, Bronze Star, Good Conduct Medal and Expert Rifleman for his military activities and courageous and heroic efforts; and

            Whereas, Oscar Harper, Sr. was a life member of Disabled American Veterans Chapter II, American Legion Post 93 of Kenova, West Virginia, and Veterans of Foreign War Post 1064 of Huntington, West Virginia; and

            Whereas, Throughout his life, Oscar Harper, Sr. gave unselfishly of himself to his nation and to his family, which included, at his death, thirteen grandchildren and twelve great-grandchildren; and

            Whereas, Oscar Harper, Sr. left this world a better place than it was when he entered it; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge located at the intersection of West Virginia Route 7, also known as Patrick Creek Road, and West Virginia Route 152 in Wayne County, West Virginia, the “Private First Class Oscar Harper, Sr. 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 “Private First Class Oscar Harper, Sr. Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways; Oscar Harper, Sr.’s surviving children and siblings who are daughters Bonnie Vandagriff of Walters, Oklahoma; Fannie McSweeney of South Point, Ohio; Brenda Hodges of Ceredo, West Virginia; Phyllis Williams of Charlestown, Indiana and Connie Fruits of Sellersburg, Indiana; to his son, Oscar Harper, Jr. of Sulphur, Oklahoma; to his sisters Cora Perkins, Dora Blankenship, Pearl Shearer, Wanda Bailey and Clotine Cornett; and, to his brother, Russell Harper.

            Delegate Pethtel offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 37 - “Requesting the Division of Highways to rename the Reader Bridge in Wetzel County, Bridge number 52-48-0.01, the ‘Sgt. Norman R. Cunningham Memorial Bridge’.”

            Whereas, Sgt. Norman R. Cunningham was born on September 11, 1926 in Rymer, Marion County, West Virginia; and

            Whereas, Sgt. Cunningham attended Pine Grove High School; and

            Whereas, Sgt. Cunningham was drafted in 1944, at the age of 18, into the United States Army’s 77th Infantry Division; and

            Whereas, Sgt. Cunningham became a member of the Army Air Corps and served during World War Two until 1947, including at Okinawa and Yokohama, Japan; and

            Whereas, During Sgt. Cunningham’s service in Japan, he attempted to save the lives of two young girls from drowning, and was recognized by the community for his efforts; and

            Whereas, Sgt. Cunningham returned home and married Martha Lou Brown of Piney, West Virginia, on January 17, 1948; and

            Whereas, Sgt. Cunningham reenlisted in the United States Air Force in 1951, and went on to serve in the Korean War with the 2750th Medical Group in France and the 75th Transport Squadron; and

            Whereas, After leaving the military in 1953, Sgt. Cunningham worked for Consolidated Natural Gas for over thirty-five years until his retirement; and

            Whereas, Sgt. Cunningham also operated a meat cutting, wrapping and storage business in Reader, and often provided his services free of charge to those who could not afford them; and

            Whereas, In 1969, Sgt. Cunningham received an award from the American Red Cross for saving the life of a Reader, West Virginia girl after nearly drowning in Fishing Creek, just below the Reader Bridge; and

            Whereas, Sgt. Cunningham was known to all who knew and loved him as “Mr. Haney,” because he enjoyed buying, selling and trading anything and everything; and

            Whereas, Sgt. Cunningham was an active member of Trinity United Methodist Church of Reader and a member of the Benton M. Lowe Post 81 American Legion of Pine Grove; and

            Whereas, Sgt. Cunningham passed away in January, 2013, leaving behind his beloved wife, five children, thirteen grandchildren and fifteen great-grandchildren; and

            Whereas, It is fitting and proper, that the military service of Sgt. Cunningham, his service to the Reader community, and his life-saving rescue under the Reader Bridge be honored by naming the Reader Bridge in Wetzel County, Bridge number 52-48-0.01, the “Sgt. Norman R. Cunningham Memorial Bridge”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the Reader Bridge in Wetzel County, Bridge number 52-48-0.01, the “Sgt. Norman R. Cunningham Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Sgt. Norman R. Cunningham Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates, is hereby requested to forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Sgt. Norman R. Cunningham.

Bills Introduced

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

By Delegates Folk, J. Nelson, Kump, Faircloth, Frich, R. Phillips, Williams, Ireland, Perry, Householder and Cadle:

            H. B. 2580 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1 and §5-30-2, all relating to providing that all future federal, state and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments are invalid and unenforceable; making it a felony to attempt to enforce a federal, state or local statute, ordinance, law, order or rule concerning firearms, firearm accessories, ammunition and their accouterments that violate the state and federal constitutions; making findings; providing penalties; requiring the Attorney General to defend citizens of West Virginia who are prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition; providing for retroactivity; and providing that ex post facto laws are not created”; to the Committee on the Judiciary then Finance.

By Delegates Fleischauer, Barrett, Lawrence, Diserio, Young, Stephens, Miller, Sobonya, Longstreth, Marshall and Barill:

            H. B. 2581 – “A Bill to amend and reenact §29-22-18a of the Code of West Virginia, 1931, as amended, relating to requiring that a sum certain be deposited into the Education Improvement Fund for appropriation by the Legislature to the PROMISE Scholarship Fund to provide full tuition and fees for PROMISE scholarships for fiscal year 2014”; to the Committee on Education then Finance.

By Delegates Fleischauer, Miley, Hunt, Longstreth, Pino, Ellem, Overington and Frich:

            H. B. 2582 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to the liability of a possessor of real property for harm to a trespasser”; to the Committee on the Judiciary.

By Delegates Fleischauer, Miley, Hunt, Longstreth, Pino, Ellem, Overington, Moore, Poore, Sobonya and Frich:

            H. B. 2583 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-9B-1, §15-9B-2 and §15-9B-3, all relating to establishing a regulatory system for sexual assault forensic examinations; requiring the creation of the Sexual Assault Forensic Examination Commission; setting forth its powers and responsibilities; setting forth its membership; requiring county prosecutors to convene and chair local Sexual Assault Forensic Examination Boards; and authorizing rule-making”; to the Committee on Health and Human Resources then the Judiciary.

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

            H. B. 2584 – “A Bill to amend and reenact §30-1-10 of the Code of West Virginia, 1931, as amended, relating to licensing board accounts; discontinuing the requirement for the State Treasurer to transfer board funds into the general revenue in certain circumstances; and updating language to comport with current method of electronic receipt of revenue”; to the Committee on Government Organization then Finance.

By Delegates Skaff, Craig, P. Smith, Poore, Guthrie, Hunt, Reynolds, White, Raines and E. Nelson:

            H. B. 2585 – “A Bill to amend and reenact §11-3-15c of the Code of West Virginia, 1931, as amended, relating to increasing the time to file a petition in response to notice of an increased assessment of real property”; to the Committee on the Judiciary then Finance.

By Delegates Morgan, Stephens, Eldridge and Paxton:

            H. B. 2586 – “A Bill to amend and reenact §30-6-8 of the Code of West Virginia, 1931, as amended, relating to qualifications for a license to practice embalming”; to the Committee on Government Organization.

By Delegates Sobonya, Miller, J. Nelson, Westfall, Poore, Fleischauer, Shott, Ellem, McCuskey, Espinosa and Manchin:

            H. B. 2587 – “A Bill to amend and reenact §27-5-9 of the Code of West Virginia, 1931, as amended, relating to mentally ill persons; involuntary hospitalization; rights of patients; and right to have records expunged when hospitalization is based upon a wrong diagnosis of condition”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Sobonya, Miller, Hamilton, Poore, Fleischauer, Ellem, Shott, McCuskey, Cowles, Espinosa and Manchin:

            H. B. 2588 – “A Bill to amend and reenact §49-2-14 of the Code of West Virginia, 1931, as amended, relating to requiring notification to foster parents who previously cared for a child that the child has again been placed in foster care”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Hamilton, Azinger, A. Evans, Ferro, Rowan, Marshall, Miller, Storch, Canterbury, Ambler and Lynch:

            H. B. 2589 – “A Bill to repeal §47-19-1 of the Code of West Virginia, 1931, as amended, relating to requiring license to sell paraphernalia for use with controlled substances”; to the Committee on Health and Human Resources then the Judiciary.

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

            [By Request of the Executive]:

            H. B. 2590 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-21-1, §31-21-2, §31-21-3, §31-21-4, §31-21-5, §31-21-6, §31-21-7, §31-21-8, §31-21-9, §31-21-10, §31-21-11, §31-21-12, §31-21-13, §31-21-14, §31-21-15, §31-21-16, §31-21-17, §31-21-18, §31-21-19, §31-21-20 and §31-21-21, all relating to authorizing the creation of a public nonprofit corporation and governmental instrumentality under the provisions of article two, chapter thirty-one-e of said code, to collectively address several environmental and economic development programs established to promote the productive reuse of idled and underutilized commercial, industrial and mining properties, support more efficient use of existing public infrastructure and encourage increased job creation with living wages, renewed community vitality and tax revenue generation while protecting public health and our natural resources; providing short title; declaring policy and purpose of article; defining terms; creating West Virginia Land Stewardship Corporation; stating certain tax requirements; setting forth powers and limitations of West Virginia Land Stewardship Corporation; providing for board of directors and composition of same; providing for creation of voluntary land stewardship program; providing for underwriting review of land stewardship program applicants; authorizing establishment of state certified sites program; setting forth minimum standards for certification under state certified sites program; authorizing establishment of voluntary state land bank program; permitting land stewardship corporation to preserve property value of properties held by land stewardship corporation; providing requirements for handling of contaminated properties by land stewardship corporation; providing for liberal construction of article; exempting corporation from state and local taxes; requiring audits and biannual reports; providing procedure for dissolution of land stewardship corporation upon completion of purpose; providing provision for conflict of interest of land stewardship corporation officers, employees and board members; stating preservation of sovereign immunity; providing that obligations of land stewardship corporation are not obligations of the Department of Environmental Protection or the state; and providing for severability”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Longstreth, Caputo, Manypenny, Manchin, Ferro, D. Poling, Eldridge and Fleischauer:

            H. B. 2591 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-27-1, §5-27-2, §5-27-3, §5-27-4, §5-27-5, §5-27-6, §5-27-7, §5-27-8, §5-27-9 and §5-27-10, all relating to creating the Healthy Workplace Act; legislative findings and purpose; definitions; unlawful employment practices; employer liability and defense; affirmative defenses; relief procedures through private right of action; injunction; damages, compensatory and punitive; attorney fees; time limitations; providing that article does not supersede rights and obligations provided under collective bargaining laws and rules; prohibiting receipt of damages under this article and workers’ compensation benefits for same time period; and requiring reimbursement”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Morgan, Lynch, Stephens, Craig, Reynolds, Stowers, White, Sobonya and Miller:

            H. B. 2592 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §10-1-23, relating to establishing a Library Facilities Improvement Fund that will serve to support library facilities construction, maintenance and improvement projects; setting forth the general structure of fund and distribution of funds; and providing for rule making”; to the Committee on Education then Finance.

By Delegates Eldridge, R. Phillips, Stowers, Tomblin, White, Marcum, E. Nelson, J. Nelson, Raines, Skaff and Craig:

            H. B. 2593 – “A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to establishing a water quality-based effluent limit for selenium discharges from coal mining operations into waters supporting aquatic life to 30 ppb, or .030 mg/L”; to the Committee on the Judiciary.

By Delegates Overington, Rowan, Howell, Frich, Folk, Ambler, D. Evans, Butler, Cadle, Kump and R. Smith:

            H. B. 2594 – “A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required courses of school instruction generally; requiring the accumulation of one and one-half years of instruction in the study of the Declaration of Independence and other founding American historical documents including the Bill of Rights before high school graduation; and requiring study of the historical, political and social environments at the time these documents were generated; prohibiting study of social problems, economics, foreign affairs, the United Nations, world government, socialism or communism until basic courses in American state and local geography and history are completed; and misdemeanor penalty”; to the Committee on Education then the Judiciary.

By Delegates Overington, Householder, Howell, R. Phillips, Shott, Gearheart, Rowan, R. Smith and Ellington:

            H. B. 2595 – “A Bill to repeal §61-11-2 of the Code of West Virginia, 1931, as amended; to repeal §62-3-15 of said code; to amend and reenact §61-2-2 of said code; to amend said code by adding thereto seven new sections, designated §61-2-2a, §61-2-2b, §61-2-2c, §61-2-2d, §61-2-2e, §61-2-2f and §61-2-2g; and to amend said code by adding thereto four new sections, designated §62-7-4, §62-7-5, §62-7-6 and §62-7-6a, all relating to death penalty for first degree murder; procedures, standards and findings applicable to imposition thereof in certain instances including aggravating and mitigating circumstances; sentencing; providing automatic review of the death penalty by the Supreme Court of Appeals; providing for forensic deoxyribonucleic acid (‘DNA’) testing of biological material in death penalty cases; providing for execution of the death sentence by lethal injection; providing for delivery of sentence of death to officer retaining custody of person so sentenced; providing for transmission of indictment, order of conviction, sentence and judgment entered thereon to the warden of the state correctional facility; transfer of person sentenced to death to the state correctional facility; execution; providing presence of certain persons be requested for the execution; providing for certification that sentence of death has been executed; and providing for disposition of the body”; to the Committee on the Judiciary then Finance.

By Delegates Overington, Cowles, Andes, Householder, Ellington, McCuskey, Walters, Faircloth and Gearheart:

            H. B. 2596 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3, §21-5G-4, §21-5G-5, §21-5G-6, §21-5G-7 and §21-5G-8, all relating to establishing the West Virginia Right to Work Law; prohibiting any requirement that a person become or remain a member of a labor organization as a condition of employment; prohibiting any requirement that a person must pay dues or other fees to a labor organization; prohibiting any requirement that a person contribute to a charity in lieu of paying dues or other fees to a labor organization; providing that certain agreements or practices between labor organizations and employers are null and void; providing for monetary penalties; providing for injunctive relief; providing for a private cause of action for damages and attorney’s fees; providing exceptions; requiring prosecuting attorneys and the Attorney General to investigate complaints; and defining a term”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Stowers, Eldridge, R. Phillips, Tomblin, L. Phillips, Marcum, White, Perry, Ferro, Craig and Skaff:

            H. B. 2597 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated, §22-1B-1, §22-1B-2, §22-1B-3 and §22-1B-4, all relating to creating the Intrastate Coal 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; stating the legislative authority; requiring record keeping; and defining terms”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

House Calendar

Second Reading

            Com. 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 second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

First Reading

            Com. Sub. for H. B. 2173, Relating to funeral expenses for indigent persons; on first reading, coming up in regular order, was read a first time and ordered to second reading:

            At 11:39 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 22, 2013.

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