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

House Journal


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West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg

 

 

 

__________*__________

 

Thursday, March 7, 2013

TWENTY-THIRD 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, March 6, 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 Paxton, Poore, P. Smith, Skaff, Young, Eldridge, Fleischauer, Lynch, Sponaugle and Hartman offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 59 - “Requesting the Division of Highways name bridge number 40-62-20.63 in Buffalo, Putnam County, West Virginia, the ‘Corporal Gerry Glen Simpson Memorial Bridge, United States Army’.”

            Whereas, Gerry Glen Simpson was born on September 17, 1947, in Buffalo, Putnam County, West Virginia; and

            Whereas, Gerry Glen Simpson enlisted in the United States Army in 1967, and was deployed to Vietnam this same year; and

            Whereas, Gerry Glen Simpson was viewed by his commanders as a leader and, within a short time period, became a corporal and leader of soldiers; and

            Whereas, Corporal Simpson was killed in action on November 23, 1967, dying from multiple fragmentation wounds in Dinh Tuong, Vietnam; and

            Whereas, Corporal Gerry Glen Simpson was awarded several medals and honors for his valor, leadership and courage including the Purple Heart Medal, the National Defense Service Medal, the Vietnam Service Medal with device, the Vietnam Campaign Medal and the Vietnam Gallantry Cross; and

            Whereas, On that fateful day in November, 1967, Corporal Simpson gave his young life and his last full measure of devotion to his country and to his comrades-in-arms; and

            Whereas, It is only fitting and proper that a bridge be named in his honor and that it henceforth stand as a permanent memorial so that Corporal Gerry Glen Simpson’s supreme sacrifice for our nation will not be forgotten; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways name the bridge number 40-62-20.63 in Buffalo, Putnam County, West Virginia, the “Corporal Gerry Glen Simpson Memorial Bridge, United States Army”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Corporal Gerry Glen Simpson Memorial Bridge, United States Army”; 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, to the Mayor of Buffalo and to Corporal Gerry Glen Simpson’s family: brother Eldie D. Simpson; sisters Geneva Persinger, Janice Mitchell and Faye Fearls; and, daughter, Sheila Hammond.

            Mr. Speaker, Mr. Thompson, and Delegates Marcum, White, R. Phillips, Moore, Perdue, Householder, Stowers, Tomblin, Barill and Boggs offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 60 - “Requesting the Division of Highways to bridge number 30-49-0.01 on Route 49 in Mingo County, the ‘William S. (Bill) Croaff Memorial Bridge’.”

            Whereas, Mr. Croaff was born in Pikeville, Kentucky; and

            Whereas, Mr. Croaff enlisted in the United States Army on April 25, 1919 in Columbus, Ohio; and

            Whereas, Mr. Croaff was honorably discharged on April 25, 1922, after serving in the A. F. & G. from June 3, 1919 to October 25, 1921, 7st Div. T.A. A. E. F.; and

            Whereas, Mr. Croaff was married to Ocie Croaff and raised eight children, William “Billy” Croaff, Jr., Virginia Hall, Myrtle Croaff, Ruth Murphy, Nell Hayes, Joyce Ratliff, Larry Croaff and Howard Eddie Croaff; and

            Whereas, Mr. Croaff lived in Edgarton before passing away; and

            Whereas, It is fitting to honor William S. (Bill) Croaff 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 30-49-0.01 on Route 49 in Mingo County, the “William S. (Bill) Croaff 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 “William S. (Bill) Croaff 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 William S. (Bill) Croaff.

            Delegates Kump, Ambler, Arvon, Andes, Armstead, Ashley, Butler, Cadle, Canterbury, Cooper, Ellem, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Manypenny, McCuskey, Miller, J. Nelson, Overington, Pasdon, Romine, Rowan, Shott, R. Smith, Sobonya, Storch and Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 61 - “Requesting the Joint Committee on Government and Finance study the economic and personal liberty impact of federal laws and regulations upon the sovereign rights of the State of West Virginia and our citizens.”

            Whereas, The Legislature desires to provide the citizens of this state their rights as guaranteed by the Tenth Amendment to the United States Constitution; and

            Whereas, A need exists to analyze the benefits and costs associated with the mandates of various federal laws and regulations; and

            Whereas, The Legislature needs to examine the effect of these laws and regulations; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the economic and personal liberty impact of federal laws and regulations in West Virginia; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Delegates D. Poling, Azinger, Ellem, Ambler, Armstead, Ashley, Canterbury, Caputo, Cowles, Craig, Diserio, Eldridge, Ellington, A. Evans, D. Evans, Faircloth, Ferns, Ferro, Fleischauer, Guthrie, Hamilton, Hunt, Jones, Lane, Marcum, Marshall, Miley, Moore, Morgan, E. Nelson, Pasdon, Perdue, R. Phillips,Poore, Reynolds, Romine, P. Smith, R. Smith, Stephens, Stowers, Tomblin, Walters, Wells and White offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 62 - “Requesting the Division of Highways to name the bridge currently known as DuPont Road Bridge on West Virginia Route 68, over US Route 50, bridge number 54-68-14.60, the ‘Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge’.”

            Whereas, Nicholas Heath Null was born on March 30, 1981 to Tim Null and Tracy Kendall Litman in Washington, Wood County, West Virginia; and

            Whereas, Nicholas Heath Null was a member of the Parkersburg South High School football and basketball teams, and graduated from Parkersburg South High School in 1999; and

            Whereas, Nicholas Heath Null enlisted in the United States Navy in September 2000 and through his distinguished service achieved the rank of Chief Petty Officer, serving as an Explosives Ordnance Disposal Technician in the US Navy Seal Naval Special Warfare Development Group; and

            Whereas, Nicholas Heath Null graduated from recruit training command in Great Lakes, Illinois in December 2000; completed service school training in Great Lakes; reported to Explosive Ordnance Disposal Unit 6 in Panama City, Florida in May 2001, then to Explosive Ordnance Disposal Mobile Unit 2 in Virginia Beach, Virginia, then to Explosive Ordnance Disposal Mobile Unit 12; returned to Explosive Ordnance Disposal Mobile Unit 2 in July 2007; and in January 2009 he reported to the East Coast-based Seal Team; and

            Whereas, Chief Petty Officer Nicholas Heath Null died During Operation Enduring Freedom on August 6, 2011, along with 29 other US soldiers, from injuries sustained in a CH-47 Chinook helicopter crash after taking fire in Wardak Province, Afghanistan; and

            Whereas, Chief Petty Officer Nicholas Heath Null, through his dedicated service and sacrifice, was awarded two Bronze Star Medals, one with Valor; two Navy and Marine Corps Commendation Medals with Valor; three Navy and Marine Corp Achievement Medals, one with Valor; the Armed Forces Expeditionary Medal; the Afghanistan Campaign Medal; two Iraq Campaign Medals; the Global War on Terrorism Expeditionary Medal; the Global War on Terrorism Service Medal; four Sea Service Deployment Ribbons; the Rifle Marksmanship Medal; the Pistol Marksmanship Medal; the Bronze Star Medal with Valor; and the Purple Heart; and

            Whereas, Chief Petty Officer Nicholas Heath Null is survived by his wife, Tanya Null; his three sons, Hunter, Bret and Chase Null; his father, Tim Null; his stepmother, Kris Null; his mother, Tracy Kendall Litman; his stepfather, Alan Litman; his brother, Brandon Null; and his sister, Ashley Sanders, and her husband Adam; and

            Whereas, It is fitting and proper that Chief Petty Officer Nicholas Heath Null be remembered and acknowledged for his courageous service and supreme sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge currently known as DuPont Road Bridge on West Virginia Route 68, over US Route 50, bridge number 54-68-14.60, the “Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and placed signs identifying the bridge as the “Navy Chief Petty Officer Nicholas Heath Null 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 to the family of Chief Petty Officer Nicholas Null.

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

By Delegates Armstead, Espinosa, Rowan, Westfall, Frich, Hamrick, Ambler, Shott, Cooper and J. Nelson:

            H. J. R. 31 – “Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article ten thereof, relating to homestead exemption increase; 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 Finance.

            Delegates Lawrence, Barrett, Border, Canterbury, Cooper, Diserio, Eldridge, Ferns, Fleischauer, Frich, Hamilton, Hunt, Jones, Manypenny, Marshall, McCuskey, Paxton, L. Phillips, R. Phillips, Poore, Raines, Skaff, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Stephens, Storch, Tomblin, Westfall, Williams and Young offered the following resolution, which was read by the Clerk as follows:

            H. R. 19 - “Designating March 7, 2013 as ‘Child Advocacy Center Day’.”

            Whereas, One in four girls and one in six boys will be sexually abused by the age of eighteen; and

            Whereas, Child Advocacy Centers in the Mountain State work to assist alleged victims of child abuse and their families; and

            Whereas, Child Advocacy Centers provide a neutral, child-friendly environment to help children feel psychologically and physically safe to disclose if they are being abused; and

            Whereas, Child Advocacy Centers work with local teams of child abuse professionals, including prosecutors, Child Protective Services, law enforcement, medical and mental health care providers, and victims’ advocates to coordinate child abuse investigations and interventions; and

            Whereas, Child Advocacy Centers connect victims of child abuse with evidence-supported interventions that help them on their road to healing; and

            Whereas, Child Advocacy Centers officially serve 32 counties in West Virginia and provide courtesy services to every county in the state; and

            Whereas, Child Advocacy Centers work with local communities to educate individuals about preventing, identifying and reporting child abuse, so they can be “One With Courage”; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby designates March 7, 2013, as “Child Advocacy Center Day”; 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 value and importance of Child Advocacy Centers in West Virginia; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the West Virginia Child Advocacy Network.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 19) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Committee Reports

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

            Your Committee on Rules has had under consideration:

            H. C. R. 24, The “Rex Lane Mullins Memorial Bridge”,

            H. C. R. 26, The “Army Corporal Richard D. McGhee Memorial Triangle”,

            H. C. R. 31, The “WWII 78th Lightning Division Road”,

            H. C. R. 33, The “201st Artillery Drive”,

            H. C. R. 39, The “PFC Harry Sine, Jr. Memorial Bridge”,

            S. C. R. 3, Requesting DOH name bridge in Boone County “Army Sergeant Junior Elwood Dunlap Memorial Bridge”,

            S. C. R. 4, Requesting DOH name bridge in Boone County “James 'Eddie' Mooney Memorial Bridge”,

            And,

            S. C. R. 6, Requesting DOH name bridge in Wayne County “Wayne County Veterans Memorial Bridge”,

            And reports the same back with the recommendation that they each be adopted.

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

            Your Committee on Rules has had under consideration:

            S. C. R. 5, Requesting DOH name bridge in Wetzel County “Army Sgt. Norman R. Cunningham Memorial Bridge”,

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

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

            Your Committee on Rules has had under consideration:

            H. C. R. 5, The “Edward I. Eiland Bridge”,

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

            Com. Sub. for H. C. R. 5 - “Requesting the Division of Highways to rename the Middleburg Bridge over the Guyandotte River, near the Middleburg settlement, Logan County, bridge number 23-10/73-0.01, the ‘USMC First Class Lieutenant Edward I. Eiland Bridge’,”

            H. C. R. 9, The “Garry Lee Burgess Memorial Bridge”,

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

            Com. Sub. for H. C. R. 9 – “Requesting that bridge number 42-46-1.54 on County Route 46 between Czar and Helvetia, Randolph County, West Virginia, be named the ‘Army Specialist 4th Class Garry Lee Burgess Memorial Bridge’,”

            H. C. R. 15, The “Curtis Emmet Lowe Bridge”,

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

            Com. Sub. for H. C. R. 15 – “Requesting the Division of Highways to name the bridge on Route 119, in Chapmanville, Logan County, at Garrett Fork, bridge number 23-7-0.33, as the ‘Navy Chief Boatswain’s Mate Curtis Emmet Lowe Bridge’,”

            And,

            H. C. R. 54, The “Sergeant First Class Thomas Clyde Farley Memorial Bridge”,

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

            Com. Sub. for H. C. R. 54 – “Requesting the Division of Highways to name the bridge located at Chapmanville, Logan County, West Virginia, specifically bridge number 23-3.015 the ‘Army Sergeant First Class Thomas Clyde Farley Memorial Bridge’,”

            With the recommendation that the committee substitutes each be adopted.

            Delegate Craig, Chair of the Committee on Natural Resources, submitted the following report, which was received:

            Your Committee on Natural Resources has had under consideration:

            H. B. 2630, Division of Natural Resources, relating to special boating,

            H. B. 2631, Division of Natural Resources, defining the terms used in all hunting and trapping rules,

            H. B. 2633, Division of Natural Resources, general trapping,

             H. B. 2634, Division of Natural Resources, special waterfowl hunting,

            And,

H. B. 2685, Division of Natural Resources, special motorboating,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2630, H. B. 2631, H. B. 2633, H. B. 2634 and H. B. 2685) were each referred to the Committee on the Judiciary.

            Delegate Craig, Chair of the Committee on Natural Resources, submitted the following report, which was received:

            Your Committee on Natural Resources has had under consideration:

            H. B. 2651, Conservation Committee, relating to the operation of the West Virginia State Conservation Committee and conservation districts.

            And reports the same back, with amendment, 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. 2651) was referred to the Committee on the Judiciary.

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

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2674, Insurance Commissioner, provider sponsored networks,

            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. 2674) was referred to the Committee on the Judiciary.

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

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2762, Creating an exemption from licensure as an adjuster for certain individuals who conduct data entry into an automated claims adjudication system,

            And,

            H. B. 2819, Relating to the financial oversight of entities regulated by the Insurance Commissioner,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2762 and H. B. 2819) were each referred to the Committee on the Judiciary.

            Delegate Iaquinta, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2165, Relating to death certificates of military veterans,

            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. 2165) was referred to the Committee on Finance.

            Delegate Poling, Chair of the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:

            Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:

            H. B. 2629, Division of Labor, Crane Operator Certification Act - practical examination,

            H. B. 2675, Division of Labor, bedding and upholstered furniture,

            H. B. 2676, Division of Labor, Amusement Rides and Amusement Attractions Safety Act,

            And,

            H. B. 2678, Division of Labor, Crane Operator Certification Act,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2629, H. B. 2675, H. B. 2676 and H. B. 2678) were each referred to the Committee on the Judiciary.

            Delegate Poling, Chair of the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:

            Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:

            H. B. 2677, Division of Labor, supervision of elevator mechanics and apprentices,

            And,

            H. B. 2683, Board of Miners Training, Education and Certification, standards for certification of coal mine electricians,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2677 and H. B. 2683) were each referred to the Committee on the Judiciary.

            Delegate Pethtel, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            H. B. 2784, Relating to the Deputy Sheriff Retirement System Act,

            And,

            H. B. 2822, Holding liable any participating public employer owing delinquent retirement contributions,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2784 and H. B. 2822) were each referred to the Committee on Finance .

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2472, Increasing the speed limit from 60 mph to 70 mph on a specific section of I-77,

            And,

            H. B. 2770, Permitting dealers who sell fewer than eighteen new or used motor vehicles during a year to have their dealer licenses renewed,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2472 and H. B. 2770) were each referred to the Committee on the Judiciary.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2684, Division of Motor Vehicles, rule relating to the denial, suspension, revocation, disqualification, restriction, nonrenewal, cancellation, administrative appeals and reinstatement of motor vehicle operating privileges,

            And,

            H. B. 2772, Permitting motorcyclists and bicyclists to safely proceed through a traffic light if they have waited a minimum of two minutes,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2684 and H. B. 2772) were each referred to the Committee on the Judiciary.

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

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 2703, Secretary of State, regulation of political party headquarters financing,

            And,

            H. B.2704, Secretary of State, regulation of late voter registration,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2703 and H. B. 2704) were each referred to the Committee on the Judiciary.

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

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 2600, Creating resort area districts,

            And reports the same back, with amendment, 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. 2600) was referred to the Committee on the Judiciary.

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

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

            H. B. 2577, Relating to the practice of pharmacist care.

            H. B. 2627, Department of Health and Human Resources, Grade “A” pasturized milk,

            H. B. 2671, Department of Health and Human Resources, fees for services,

            And,

            H. B. 2672, Department of Health and Human Resources, reportable diseases, events and conditions,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2577, H. B. 2627, H. B. 2671 and H. B. 2672) were each referred to the Committee on the Judiciary.

            Chairman Perdue, from 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. 2759, Relating to standards for emergency medical service personnel,

            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. 2759) was referred to the Committee on Finance.

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

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

            H. B. 2668, Health Care Authority, West Virginia Health Information Network,

            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. 2668) was referred to the Committee on the Judiciary.

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

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

            H. B. 2756, Reorganizing the Department of Health and Human Resources,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2756) was referred to the Committee on Finance.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2013, and requested the concurrence of the House of Delegates in the passage, of

             Com. Sub. for S. B. 101 - “A Bill to amend and reenact §16-5C-15 of the Code of West Virginia, 1931, as amended, relating to clarifying that actions brought for damages for injuries suffered in a nursing home are subject to the same liability limitations as other medical professional liability”; which 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 Skinner, Morgan, Ferns, Hunt, Sponaugle, Poore, Perdue, Fleischauer, Moore, Marshall and Barrett:

            H. B. 2856 – “A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices; prohibiting discrimination based upon age or sexual orientation; and defining sexual orientation”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Miley, Manchin, Ferro, Moore and Manypenny

            [By Request of the Secretary of State’s Office]:

            H. B. 2857 – “A Bill to amend and reenact §3-10-1, §3-10-2, §3-10-3, §3-10-4, §3-10-4a and §3-10-5 of the Code of West Virginia, 1931, as amended, all relating to vacancies for elected officials; and clarifying how vacancies are to be filled in the offices of Governor, state officials and judges, representatives in the House of Representatives and United States Senate and State Legislature”; to the Committee on the Judiciary then Finance.

By Delegates White, Cowles, Andes, Boggs, R. Phillips, Marcum, Skaff, Craig and Storch:

            H. B. 2858 – “A Bill to amend and reenact §24-2-4f of the Code of West Virginia, 1931, as amended, relating generally to consumer rate relief bonds; correcting an internal reference to clarify that the rate adjustment mechanism under subsection (k) is the exception to the state’s pledge not to reduce, alter or impair consumer rate relief charges until all amounts to be paid to an assignee or financing party are paid or performed in full”; to the Committee on Finance.

By Delegates Staggers, L. Phillips, P. Smith, Gearheart, Cowles, D. Poling, Longstreth and Lynch:

            H. B. 2859 – “A Bill to amend and reenact §17A-6-10c of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner to issue no more than ten additional special demonstration plates to a new motor vehicle dealer or used motor vehicle dealer engaged in the business of selling trailers, truck-tractors, road-tractors or trucks, who demonstrates the motor vehicles under actual work conditions to potential purchasers upon a showing of need”; to the Committee on Roads and Transportation then Finance.

By Delegates Staggers, Perry, Pino, Stowers, Skaff, R. Phillips and Perdue:

            H. B. 2860 – “A Bill to amend and reenact §17C-6-1 of the Code of West Virginia, 1931, as amended, relating to speed restrictions and penalties; and providing that municipalities receive no more than $25 from speeding fines and costs for speeding violations on four lane controlled access highways or interstate highways located within the limits of a municipality”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Pasdon, M. Poling, Barill, Marshall, Frich and Fleischauer:

            H. B. 2861 – “A Bill to amend and reenact §18-2-6 of the Code of West Virginia, 1931, as amended, relating to continued enrollment of at-risk student in public school while enrolled in an alternative program that meets certain conditions; making legislative findings on at-risk students, discouraged and defeated learners and purpose for authorizing continued enrollment; authorizing county superintendent to approve continued enrollment; providing conditions under which continued enrollment may be approved; and eliminating required annual report on cooperation with challenge academy”; to the Committee on Education then Finance.

By Delegates D. Poling, Campbell, Skaff, Diserio and R. Phillips:

            H. B. 2862 – “A Bill to amend and reenact §22-3-20 and §22-3-21 of the Code of West Virginia, 1931, as amended, all relating to informal conferences on surface mining permit applications; extending time to hold informal conferences; and extending time from an informal conference in which the secretary must issue or deny a surface-mining permit”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Miley, Manchin, Ferro, Moore and Manypenny

            [By Request of the Secretary of State’s Office]:

            H. B. 2863 – “A Bill to amend and reenact §3-2-30 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §59-1-2b, all relating to the preparation and sale of voter registration lists; exempting certain voter data from being provided; permitting voter lists be obtained for noncommercial purposes at a cost of the actual costs of producing the list; setting forth the fees to be charged for the sale of voter registration lists; setting forth the types of lists and services that are available; requiring the net proceeds from the voter registration list sales be deposited in the State Election Fund; and clarifying that the Secretary of State may share voter information with those authorized to receive the information”; to the Committee on the Judiciary then Finance.

By Delegates Skaff, Moore, Poore, Raines, Wells, Stowers, Morgan, Reynolds, Lane, Eldridge and Manypenny:

            H. B. 2864 – “A Bill to amend and reenact §18B-18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-9, §18B-18A-11 and §18B-18A-12 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Research Trust Fund; increasing the recipients of the fund to include all state land grant institutions of higher education; redistribution of moneys; deposit into fund from General Revenue Fund under certain conditions; deadline and consequences for failure to obtain matching funds and donations; legislative rule making; and reporting requirement”; to the Committee on Education then Finance.

By Delegates Miley, Manchin, Ferro, Moore and Manypenny

            [By Request of the Secretary of State's Office]:

            H. B. 2865 – “A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-2-5, §3-2-6, §3-2-7, §3-2-10, and §3-2-11 of said code, all relating to electronic registration of voters”; to the Committee on the Judiciary.

By Delegates Hamilton, A. Evans, Andes, Ireland, Walker, Moye, Lynch, P. Smith, J. Nelson, Frich and Sponaugle:

            H. B. 2866 – “A Bill to amend and reenact §20-2-58 of the Code of West Virginia, 1931, as amended, relating to providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet of that dwelling house in which the person lives if no other dwelling house is located within five hundred feet of the person shooting; and raising the distance within which a person can discharge a firearm from a school or church from four hundred feet to five hundred feet”; to the Committee on Natural Resources then the Judiciary.

House Calendar

Second Reading

            The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:

            Com. Sub. for H. B. 2351, Authorizing law enforcement to issue a charge by citation when making an arrest for driving with a suspended or revoked license,

            Com. Sub. for H. B. 2450, Granting licensed real estate appraisers access to commercial or residential review documents,

            Com. Sub. for H. B. 2579, Revising state water quality standard for Selenium,

            And,

            Com. Sub. for H. B. 2764, Relating to compulsory school attendance.

First Reading

            The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

            H. B. 2361, Relating to the definition of “eligible veteran” for certain state training and employment preference benefits,

            Com. Sub. for H. B. 2553, Authorizing the Secretary of State to administratively dissolve certain business entities,

            Com. Sub. for H. B. 2554, Providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations,

            And,

            Com. Sub. for H. B. 2760, Creating a uniform regulation of firearms, ammunition, and firearm accessories.

            At 11:41 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 8, 2013.

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