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House Journal


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

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



__________*__________



 

Friday, March 8, 2013

TWENTY-FOURTH 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 Thursday, March 7, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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. 22, The “Kerry Albright Road”,

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

            Com. Sub. for H. C. R. 22 - “Requesting the Division of Highways to name a section of County Route 16, known as the Buffalo Creek Road, running through the unincorporated community of Lorado, Logan County, West Virginia, from the Lorado highway marker on the eastern edge of the community to the Lorado highway marker on the western edge of the community, the ‘Kerry Albright Road’,”

            With the recommendation that the committee substitute be adopted.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 2848, Providing the process for requesting a refund after forfeiture of rights to a tax deed,

            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. 2848) was referred to the Committee on Finance.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 2397, Authorizing a county commission to temporarily fill vacancies in certain offices,

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

            Com. Sub. for H. B. 2397 - “A Bill to amend and reenact §3-10-7 and §3-10-8 of the Code of West Virginia, 1931, as amended, all relating to authorizing a county commission to temporarily fill vacancies in the offices of the clerk of the county commission, prosecuting attorney, sheriff, assessor and county surveyor; restricting persons appointed as temporary successors to serving no more than sixty days as a temporary successor; and permitting a temporary successor to be appointed to fill the unexpired term,”

            H. B. 2414, Conveying property to a nonprofit,

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

            Com. Sub. for H. B. 2414 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-18a, relating to the lease or conveyance of municipal property; allowing for the lease or conveyance of municipal property for less than fair market value without auction to a nonprofit corporation for the provision of specific services to the public; prerequisite conditions and findings by municipality; and required reverter of the property to the municipality if the nonprofit corporation ceases to provide the services,”

            And,

            H. B. 2747, Relating to Open Governmental Proceedings,

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

            Com. Sub. for H. B. 2747 - “A Bill to amend and reenact §6-9A-2 and §6-9A-3 of the Code of West Virginia, 1931, as amended, all relating to pubic notice of meetings of governing bodies of public agencies; defining terms; clarifying existing notice requirements; requiring state executive branch agencies to electronically file public meeting notices with the Secretary of State for publication on Secretary of State’s website; eliminating the requirement that state executive branch agency meeting notices be filed in the State Register; and providing procedural rule-making authority,”

            With the recommendation that the committee substitutes each 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. 2497, Requiring applicants for licenses for original brokers, associate brokers or sales persons to agree to finger printing and criminal history record 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. 2497) was referred to the Committee on the Judiciary.

            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. 2647, Athletic Commission, mixed martial arts,  

            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. 2647) was referred to the Committee on the Judiciary.

            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. 2603, Relating to the Family Protection Services Board,

            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. 2603) was referred to the Committee on the Judiciary.

            Delegate Miley, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 2729, Allowing schools to voluntarily maintain and use epinephrine auto-injectors,

            And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.

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. 139 - “A Bill to amend and reenact §61-3-51 of the Code of West Virginia, 1931, as amended, relating to regulation of certain purchases of precious metals and gems generally; requiring purchasers to comply with applicable licensing and permitting requirements; exempting bullion purchases from the provisions of this section; requiring sellers of precious metals and gems to provide photo identification to dealers; defining terms; requiring the purchasers to maintain information on precious metal transactions for three years; and establishing criminal penalties including business debarment”; 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, to take effect July 1, 2013, and requested the concurrence of the House of Delegates in the passage, of

             Com. Sub. for S. B. 435 - “A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to continuing the Municipal Home Rule Pilot Program; legislative findings; authorizing Class I, II, III and IV municipalities to participate in the program; clarifying the voting privileges of members of the Municipal Home Rule Board; clarifying the powers and duties of the board; written plan requirements for municipalities; ordinance requirements for municipalities; powers and duties of the participating municipalities; prohibiting certain acts by participating municipalities; amending the written plan; reporting requirements; termination date of the pilot program; and the effect of ordinances passed by the municipalities participating in the pilot program”; which was referred to the Committee on Government Organization.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            S. C. R. 9 - “Requesting the Division of Highways to name the bridge crossing the Little Coal River in Danville, Boone County, bridge number 3-85/8-0.37, the ‘Naval Chief Boatswain Fred L. Byrnside and Army Captain Dora Jo Chambers Byrnside Memorial Bridge’.”

            Whereas, Fred Byrnside and his wife, Dora Jo Byrnside, were both military veterans who served their country proudly; and

            Whereas, Fred Byrnside had a long and distinguished Naval career, serving active duty from January 1938 until October 1955, and then in the Reserves until 1966. He retired with the rank of Chief Boatswain; and

            Whereas, Fred Byrnside served in World War II and was captured by the Japanese in 1942. During his captivity, Fred endured unspeakable atrocities and hardships at the hands of the Japanese, including the infamous Bataan Death March in the Philippines. Fred was held prisoner in the Funatsu prisoner-of-war camp until the war's end in 1945; and

            Whereas, By the grace of God, Fred Byrnside survived his ordeals, when all at home believed him to have been killed. But when Fred was liberated from that prison camp, he still felt the call to service. When others may have felt they had done enough, or had endured enough on behalf of their country, Fred chose to reenlist and continue serving the county he so loved; and

            Whereas, Fred Byrnside was proud of his service in the United States Navy, and while he seldom talked about the horrors he endured as a prisoner, he was always ready to relate stories of his other military experiences and what it meant to be a member of the United States Navy; and

            Whereas, Fred Byrnside was awarded the National Defense Service Medal, Asiatic-Pacific Area Campaign Ribbon, Philippine Defense Service Ribbon with three Bronze Stars, Army Distinguished Unit Badge with One Oak Leaf Cluster, American Defense Service Ribbon, Good Conduct Medal, China Service Ribbon, Victory Ribbon of World War II, Pre-Pearl Harbor Ribbon with one Bronze Star; and Presidential Unit Citation; and

            Whereas, Dora Jo Chambers graduated from Marshall College in 1941, and joined the United States Army (WAC) in 1943. She served during World War II in the Asiatic-Pacific Campaign and served in New Guinea and the Philippines; and

            Whereas, During her service in the United States Army, Dora Jo Chambers was promoted to the rank of Captain, which was a notable accomplishment for a young woman at that time; and

            Whereas, Dora Jo Chambers was awarded the American Campaign Medal, Asiatic-Pacific Campaign Medal, Philippine Liberation and Women’s Army Auxiliary Corps Service Medal; and

            Whereas, Fred Byrnside and Dora Jo Chambers Byrnside were married after Dora Jo's tour of duty ended in 1946, and they returned home to Danville in 1955 when Fred retired from active duty. Fred served as the postmaster at the Danville Post Office, while Dora Jo raised their children and later taught at Scott High School when the children were grown; and

            Whereas, Fred Lincoln Byrnside passed away on January 3, 1980, and Dora Jo Chambers Byrnside passed away on January 3, 2010. They are survived by their children, Fred Byrnside and wife, Emma, of Danville, Ellajo Thompson of Knoxville, Tennessee, and Lois Byrnside of Dunedin, Florida; five grandchildren and ten great grandchildren; and

            Whereas, It is only fitting that we so honor Fred and Dora Jo Byrnside for their dedicated and selfless service to their country, and for their contributions to the town of Danville and Boone County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge crossing the Little Coal River in Danville, Boone County, bridge number 3-85/8-0.37, the “Naval Chief Boatswain Fred L. Byrnside and Army Captain Dora Jo Chambers Byrnside 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 “Naval Chief Boatswain Fred L. Byrnside and Army Captain Dora Jo Chambers Byrnside Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the children of Fred and Dora Jo Byrnside.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            S. C. R. 11 - “Requesting the Division of Highways name the section of State Route 214 at Childress Road, from mile marker 8.92 to mile marker 9.92, the ‘Army Pvt. Parker Meikle Memorial Road’.”

            Whereas, Parker Meikle was born November 5, 1919, in Alum Creek, Lincoln County, West Virginia, the second of nine children born to Archie Thomas Meikle and Chalcie Lottie Turley Meikle, and is survived by two sisters, three brothers and numerous nieces and nephews; and

            Whereas, Parker Meikle was raised and educated in the Alum Creek area; and

            Whereas, Pvt. Parker Meikle entered the United States Army January 26, 1942; and

            Whereas, Pvt. Parker Meikle, Service Number 35263702, died of wounds he received in World War II December 19, 1944, in Belgium while serving as a combat engineer with Company B 158th Engineer Battalion; and

            Whereas, The body of Pvt. Parker Meikle was returned to West Virginia for reburial in 1949, with Snodgrass Funeral Home in charge of arrangements; and

            Whereas, It is proper and fitting that the ultimate sacrifice made by this native son be honored in this manner; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the section of State Route 214 at Childress Road, from mile marker 8.92 to mile marker 9.92, the “Army Pvt. Parker Meikle Memorial Road”, and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect a sign at each end of the section of road containing bold and prominent letters proclaiming the section of road the “Army Pvt. Parker Meikle Memorial Road”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of Highways and the family of the late Parker Meikle.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            S. C. R. 12 - “Requesting the Division of Highways to name the one-mile section of road on Lick Creek Road, beginning at Route 119, in Boone County, West Virginia, the ‘PFC Randall Bruce Miller Memorial Road, U. S. Army’.”

            Whereas, Randall Bruce Miller was born on May 26, 1949, the son of Reldo and Esta Miller of Danville, West Virginia; and

            Whereas, Randall Bruce Miller graduated from Scott High School in Madison, West Virginia, in 1967; and

            Whereas, After graduating from high school, Randall Bruce Miller was employed with Key Super Market in Danville, West Virginia; and

            Whereas, Just a matter of days before beginning his tour in Vietnam, Randall Bruce Miller was married, on September 13, 1969, to Gaytha Berry; and

            Whereas, On September 29, 1969, Randall Bruce Miller began his tour of duty in Vietnam, an infantryman, in the United States Army; and

            Whereas, While in Vietnam, Randall Bruce Miller was a member of D Company, 1st Battalion, 8th Cavalry and stationed at Phuoc Long Province in South Vietnam; and

            Whereas, While on a protective reaction mission in Phuoc Long Province on December 8, 1969, Company D came under heavy fire from a well-entrenched force; and

            Whereas, On December 8, 1969, when a mere twenty years old, Private First Class Randall Bruce Miller was killed in action while courageously attempting to drive back the enemy force, dying immediately from hostile fire; and

            Whereas, It is only fitting and proper that this stretch of road, in the county of his birth and the area in which he lived all his young life, be named in his honor so the Private First Class Randall Bruce Miller’s supreme sacrifice will be memorialized and not forgotten; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the one-mile stretch of road on Lick Creek Road in Boone County, West Virginia, beginning at Route 119, the “PFC Randall Bruce Miller Memorial Road, U. S. Army”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to cause to have made two signs that state, in bold and prominent lettering, the “PFC Randall Bruce Miller Memorial Road, U. S. Army” and to erect these signs on either side of the one-mile stretch of road; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of PFC Randall Bruce Miller.

Resolutions Introduced

            Delegates Cadle and Butler offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 63 - “Requesting the Division of Highways to name bridge number 27-62-20.53 on Route 62 in Point Pleasant, Mason County, the ‘US Army SFC James Edward Duncan Memorial Bridge’.”

            Whereas, SFC James Edward Duncan was born on July 11, 1940, a son of the late Dale and Delphia Duncan of Point Pleasant, Mason County, West Virginia, and a brother to Dale, Dickie, Jack, Don, Rex, Kathy and Linda; and

            Whereas, SFC James Edward Duncan attended Point Pleasant High School and enlisted in the United States Army on December 2, 1958; and

            Whereas, SFC James Edward Duncan was married to the former Janice Kinnaird and they were the parents of two sons, James Albert and Mark Edward, and two daughters, Stacy Lynn and Pamela June, and the grandparents of Jason, Jamie and Jordan Duncan; Joseph, Cory and Dustin Duncan; Cody and Lane Sparks; and Tyler and Erica Lavender; and

            Whereas, SFC James Edward Duncan distinguished himself by gallantry in action on numerous occasions and was awarded the Purple Heart on December 17, 1966, the Bronze Star on April 28, 1967, the Silver Star on November 22, 1969, the Bronze Star with 1st Oak Leaf Cluster on November 19, 1970, and an Army Commendation Medal on November 23, 1970. In addition, SFC Duncan received the Combat Infantry Badge; Good Conduct Medal; Good Conduct Medal with 1st Loop; Good Conduct Medal with 2nd Loop; South Vietnamese Ranger Badge; South Vietnamese Meritorious Unit Award; Senior Parachutist Badge; National Defense Service Medal; Sharpshooters Badge with bars for Rocket Launcher Badge, Automatic Rifle, Rifle and Mortar; Vietnam Service Medal and the Vietnam Campaign Medal; and

            Whereas, On March 3, 1971, SFC James E. Duncan was serving as a Light Weapons Infantry Advisor to the 22d Ranger Battalion, 2d Ranger Group, conducting a reinforced search and destroy operation southwest of Ben Het in Kontum Province, an area frequently referred to as the “Parrot’s Beak”, when a hostile enemy attack was launched on the Ranger Battalion; and

            Whereas, An accurate mortar attack was directed at the battalion command element and SFC James E. Duncan disregarded his own personal safety to determine the direction from which the attack was being launched; and

            Whereas, As a result, SFC James E. Duncan was severely wounded yet he continued to provide assistance to the Battalion Senior Advisor in locating the enemy and assisted immeasurably in the requisition and direction of helicopter gunships and airstrikes against the enemy positions until the battalion was able to organize a counterattack; and

            Whereas, Evacuation of the wounded started as soon as contact with the enemy was broken, but SFC James Edward Duncan died before he could be evacuated; and

            Whereas, In the chaos of battle, the ARVN commander determined their position was no longer tenable and, under intense fire, ordered the surviving patrol to pull back. The Rangers attempted to carry the bodies of their dead and wounded with them, but the fighting was so intense, they found it necessary to inter the remains of the deceased in shallow graves before breaking contact with the advancing communist force; and

            Whereas, It is unfortunate, but a reality of war, that the remains of SFC James Edward Duncan were left behind out of the necessity to protect the lives of the team who served with him; and

            Whereas, The name of SFC James Edward Duncan is listed with honor among the missing because his remains cannot be buried with honor at home; and

            Whereas, For gallantry in action on March 3, 1971, SFC James Edward Duncan was posthumously awarded the Silver Star with 1st Oak Leaf Cluster, the Purple Heart with 1st Oak Leaf Cluster, and the Bronze Star with 2nd Oak Leaf Cluster; and

            Whereas, It is fitting and proper, that US Army SFC James Edward Duncan be remembered and acknowledged for his courageous action and dedicated service to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 27-62-20.53 on Route 62 in Point Pleasant, Mason County, the “US Army SFC James Edward Duncan 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 “US Army SFC James Edward Duncan 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 and to the surviving family of SFC James Edward Duncan.

            Delegates Howell, Frich, Hamrick, Storch, Cowles, Espinosa, Ireland, Folk, Shott, J. Nelson and Miller offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 64 - “Requesting the Joint Committee on Government and Finance study the feasibility and economic impact of not paving the shoulders of state highways during repaving, when the shoulders are in good condition.”

            Whereas, Shoulders along state highways are often not damaged; and

            Whereas, Other states allow repaving of only the travel lanes to save resources; and

            Whereas, Allowing shoulders to remain may be more economical than other alternatives; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the feasibility and economic impact of not paving the shoulders of state highways during repaving each time; 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 Frich, Marshall, Barill, Pasdon, Fleischauer, Caputo, R. Phillips, R. Smith, Williams, Pethtel, Mr. Speaker, Mr. Thompson, Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Barrett, Boggs, Border, Butler, Cadle, Campbell, Canterbury, Cooper, Cowles, Craig, Diserio, Eldridge, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Ferro, Folk, Gearheart, Guthrie, Hamilton, Hamrick, Hartman, Householder, Howell, Hunt, Iaquinta, Ireland, Jones, Lane, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marcum, McCuskey, Miley, Miller, Moore, Moye, E. Nelson, J. Nelson, O’Neal, Overington, Paxton, Perdue, Perry, Phillips, L., Pino, D. Poling, M. Poling, Poore, Raines, Reynolds, Romine, Rowan, Shott, Skinner, P. Smith, Sobonya, Sponaugle, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Tomblin, Walker, Walters, Wells, Westfall, White and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 20 - “Honoring the victims and survivors of the 1972 Blacksville Mine Fire.”

            Whereas, On Saturday, July 22, 1972, at approximately 7:30 p.m., a mine fire broke out along the no. 3 north mains track of the Blacksville no. 1 mine, located in Monongalia County; and

            Whereas, The fire erupted when the continuous miner came into contact with a trolley wire while the mine was idled for routine maintenance and equipment moves; and

            Whereas, The immediate attempts of Glen Cale, motor operator, to extinguish the fire with a twenty-pound fire extinguisher were unsuccessful. Cale and fellow motorman Frank Strakal attempted to extinguish the fire with a one hundred fifty-pound fire extinguisher, but were forced to abandon their efforts by thick smoke; and

            Whereas, There were a total of forty-three miners underground at the time of the fire, but only thirty-four successfully escaped; and

            Whereas, The first rescue teams were not assembled and prepared to enter the mine until 12:40 a.m. on July 23, 1972, but roof falls restricted air flow causing the return airways to load up with methane and the rescue teams were ordered to evacuate the mine; and

            Whereas, There was an explosion at 2:42 p.m. on July 23, 1972, while rescue teams were evacuating the mine. All rescuers reached the surface by 3:00 p.m., but two additional explosions occurred leading to a determination to seal the mine; and

            Whereas, The seals were breached on January 2, 1973, and the bodies of the nine victims were recovered and taken to the surface, but before the mine could be totally recovered the fire rekindled and the immediate fire areas were resealed; and

            Whereas, A withdrawal order issued by the U. S. Bureau of Mines, prohibiting the removal of the seals without prior approval, remains in effect; and

            Whereas, Sadly, Terrance Stoneking of Mt. Morris, PA, perished in the mine at age twenty-nine leaving behind a wife and daughter; and

            Whereas, Sadly, Frederick Phillips of Mt. Morris, PA, perished in the mine at age forty-two leaving behind a wife, two daughters and two sons; and

            Whereas, Sadly, Conrad Belt of Morgantown, West Virginia, perished in the mine at age thirty-four leaving behind a wife, two daughters and two sons; and

            Whereas, Sadly, Billy Murray of Morgantown, West Virginia, perished in the mine at age thirty-seven leaving behind a wife and two daughters; and

            Whereas, Sadly, Roy Sisler of Morgantown, West Virginia, perished in the mine at age twenty-four leaving behind a wife and son; and

            Whereas, Sadly, Roy Dalton of Morgantown, West Virginia, perished in the mine at age forty-two leaving behind a wife, daughter and three sons; and

            Whereas, Sadly, Kenneth Haines of Westover, West Virginia, perished in the mine at age twenty-one leaving behind a wife and son; and

            Whereas, Sadly, Robert Tressler of Westover, West Virginia, perished in the mine at age thirty-two leaving behind a wife, daughter and son; and

            Whereas, Sadly, Justin Beach of Morgantown, West Virginia, perished in the mine at age twenty-three leaving behind a wife and daughter; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby honors the victims and survivors of the 1972 Blacksville Mine Fire; and, be it

            Further Resolved, That the House of Delegates hereby honors the memory of the nine miners who perished in the Blacksville mine fire on July 22, 1972; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Blacksville Mine Memorial Foundation.

Petitions

            Delegate Walker presented a petition on behalf of his constituents, requesting the return of the Veteran Medical Clinical Van to Grantsville, at least on a monthly basis; which was referred to the Committee on Veterans’ Affairs and Homeland Security

Bills Introduced

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

By Delegates Ashley, Boggs, Staggers, Williams, Moye, Caputo, Kump and Barill:

            H. B. 2867 – “A Bill to amend and reenact §15-2A-9 of the Code of West Virginia, 1931, as amended, relating to awarding qualified disabled state troopers the Purple Heart by the Superintendent of the State Police and a Wounded in the Line of Duty registration by the Department of Motor Vehicles”; to the Committee on Pensions and Retirement then Finance.

By Delegates Perry, Andes, Pasdon, Westfall, Stowers and Skaff:

            H. B. 2868 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6D-16, relating to daily passenger rental car business; and allowing rental vehicle contracts to include a vehicle licensing cost recovery fee”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Frich, Butler, Householder, Barill, R. Phillips, Smith, R. Walters and Hunt:

            H. B. 2869 – “A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to possessing deadly weapons on premises housing courts of law and in offices of family court judges”; to the Committee on the Judiciary.

By Delegates Householder, Espinosa, Barrett, Moore, Skinner, Williams, Arvon, Cooper, Hamrick, Cadle and J. Nelson:

            H. B. 2870 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-20, relating to providing a discount on state campground rentals for veterans”; to the Committee on Natural Resources then Finance.

By Delegates Householder, Folk, Kump, J. Nelson, Gearheart, Canterbury and Frich:

            H. B. 2871 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17B-7-1, relating to providing that West Virginia will not participate in the REAL ID Act of 2005 enacted by the United States Congress in Public Law 109-13”; to the Committee on the Judiciary then Finance.

By Delegates Householder, Espinosa, Barrett, Moore, Skinner, Williams, Arvon, Cooper, Hamrick, Cadle and J. Nelson:

            H. B. 2872 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-65, relating to creating a specified season for Spring turkey hunting”; to the Committee on Natural Resources then the Judiciary.

By Delegates Eldridge, Marcum, White, Boggs, Moore, Barill, Stowers, Campbell, Tomblin, Young and Moye:

            H. B. 2873 – “A Bill to amend and reenact §18-2-5 of the Code of West Virginia, 1931, as amended, relating to the State Board of Education; and providing that the board require that public schools provide facilities for students of all faiths and religions to have a place of fellowship, prayer and worship”; to the Committee on Education then Finance.

By Delegates Eldridge, Barill, Campbell, Tomblin, Young, Moye and Manypenny:

            H. B. 2874 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-3-8a, relating to requiring natural gas lessors to provide surface owners on whose properties natural gas producing wells are drilled up to three hundred million cubic feet of free gas per year; and providing that the lessor and an owner may agree to a larger amount”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

By Delegates Manypenny, Canterbury, R. Smith, Diserio, Skinner, Barrett, Sponaugle, Ellem, Hunt, Manchin and Barill:

            H. B. 2875 – “A Bill to amend and reenact §11-13Z-1 and §11-13Z-3 of the Code of West Virginia, 1931, as amended, relating to residential solar energy tax credits; applying credit to residential installation of a solar energy system or systems; and extending the tax credit until July 1, 2021”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.

By Delegates Walters, Frich, Canterbury, Craig, Miller and Skaff:

            H. B. 2876 – “A Bill to amend and reenact §29A-3-16 of the Code of West Virginia, 1931, as amended, relating to a requirement that the Legislative Rule-Making Committee and the Legislative Auditor’s Office review legislative rules five years after initial approval by the Legislature; and providing rule- making authority”; to the Committee on the Judiciary then Finance.

By Delegates White, Eldridge, Ferns, Marshall, Perry, Marcum and Moore

            [By Request of the Department of Administration]:

            H. B. 2877 – “A Bill to amend and reenact §5-16-3 of the Code of West Virginia, 1931, as amended, relating to permitting the Director of the Public Employees Insurance Agency to operate any of the agency’s health benefits plans on a calendar year if it is financially advantageous; and providing that financial plans shall continue to be on a fiscal year basis”; to the Committee on Health and Human Resources then Finance.

By Delegates Householder, Lane, Espinosa, Barrett, Moore, Skinner, Williams, Arvon, Cooper, Hamrick and Cadle:

            H. B. 2878 – “A Bill to amend and reenact §20-5-18 of the Code of West Virginia, 1931, as amended, relating to providing that a valid West Virginia identification card is an acceptable form of identification to establish age and residency for purposes of obtaining a campground rental discount at state parks or forests for persons over the age of sixty-two”; to the Committee on Natural Resources then Finance.

By Delegates Skinner, Lawrence, Barrett, Swartzmiller, Staggers and Boggs:

            H. B. 2879 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-18A-1, §29-18A-2, §29-18A-3, §29-18A-4 and §29-18A-5, all relating to creating the West Virginia Commuter Rail Access Act; definitions; agreement with other states requirement; verifications; and authorizing a tax credit to the railroad in lieu of payment of track access fees commencing July 1, 2014”; to the Committee on Roads and Transportation then Finance.

By Delegates Householder, Iaquinta, Border, Barrett, P. Smith, J. Nelson, Paxton, Gearheart, Cadle, Espinosa and Cooper:

            H. B. 2880 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-3-3a, relating to provide special outdoor recreational opportunities for eligible veterans and members of the Armed Forces; and rules”; to the Committee on Natural Resources then Finance.

By Delegates Householder, Gearheart, Ellington, Miller and Cowles:

            H. B. 2881 – “A Bill to amend and reenact §3-2-7 of the Code of West Virginia, 1931, as amended, relating to voting procedures; and requiring photograph on voter’s registration card”; to the Committee on the Judiciary then Finance.

By Delegates Householder, Gearheart, Lane, Border, Cadle, Kump and Andes:

            H. B. 2882 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-14-1, §4-14-2 and §4-14-3, all relating to creating the Budget Reform Act; making legislative findings; requiring spending cuts in state government; and establishing an effective date”; to the Committee on Finance.

By Delegates Frich, A. Evans, Romine, Ellem, Williams, Ireland, Hartman, Miller and Pethtel:

            H. B. 2883 – “A Bill to amend and reenact §20-2-7 of the Code of West Virginia, 1931, as amended, relating to hunting, trapping or fishing on lands of another person; and absolving the landowner and his or her tenant or agent of civil liability for injuries suffered by a person hunting, trapping or fishing on his or her lands with or without written permission”; to the Committee on Natural Resources then the Judiciary.

By Delegates Armstead, Kump, A. Evans, Romine, D. Evans, Cowles, Walters, Espinosa, Shott, Nelson, J. and McCuskey:

            H. B. 2884 – “A Bill to amend and reenact §29B-1-2 and §29B-1-4 of the Code of West Virginia, 1931, as amended, all relating to the Freedom of Information Act; redefining the term ‘public record’; and limiting the exemption for internal memoranda or letters received or prepared by any public body”; to the Committee on the Judiciary then Finance.

By Delegates Sobonya, C. Miller, Westfall, J. Nelson, Frich, Border, Raines, Householder, Sumner, Eldridge and Arvon:

            H. B. 2885 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles except for ceremonial purposes; prohibiting elected or appointed officials from placing their name or likeness on trinkets paid for with public funds; prohibiting an elected or appointed official from using public funds to distribute certain published materials bearing his or her name or likeness within sixty days prior to a primary or general election in which that public official is a candidate; defining terms; and making exceptions”; to the Committee on the Judiciary.

By Delegates White, Eldridge, Marcum, Miley, Skaff, Stowers, R. Phillips and Reynolds

            [By Request of the Tax and Revenue Department]:

            H. B. 2886 – “A Bill to amend and reenact §11-14C-2, §11-14C-5, §11-14C-9, §11-14C-10, §11-14C-13 and §11-14C-19, of the Code of West Virginia, 1931, as amended, to amend said code by adding thereto a new section, designated §11-14C-6a; to amend and reenact §11-15-18b of said code; and to amend and reenact §11-15A-13a of said code, all relating to the taxation of alternative fuel; defining terms; requiring the Tax Commissioner to determine the gasoline gallon equivalent for alternative fuels; imposing tax on motor fuel equivalent gallons; specifying the point of imposition of tax on alternative fuels not otherwise taxed at the point of imposition; providing that propane used in a motor vehicle is subject to the tax; requiring alternative fuel bulk end-users, providers of alternative fuels and retailers of alternative fuels to be licensed; establishing bonding requirements for alternative fuel bulk end-users, providers of alternative fuels and retailers of alternative fuels; establishing due dates for returns and payments of tax on alternative fuels; and specifying effective dates for amendments”; to the Committee on Roads and Transportation then Finance.

By Delegates Perry, L. Phillips, Westfall, Morgan, Longstreth, Caputo, Lynch, Skinner, Stowers, Romine and Craig:

            H. B. 2887 – “A Bill to amend and reenact §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, all relating to compensation of elected county officials and county commissioners for each class of county; legislative findings; and authorizing increasing this compensation after July 1, 2013”; to the Committee on Finance.

House Calendar

Unfinished Business

            S. C. R. 3, Requesting DOH name bridge in Boone County “Army Sergeant Junior Elwood Dunlap Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            S. C. R. 4, Requesting DOH name bridge in Boone County “James ‘Eddie’ Mooney Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            Com. Sub. for S. C. R. 5, Requesting DOH name bridge in Wetzel County “Army Sgt. Norman R. Cunningham Memorial Bridge”; coming up in regular order, as unfinished business, was reported by the Clerk.

            An amendment, recommended by the Committee on Rules, was reported by the Clerk and adopted, amending the resolution on page two, line seventeen, by striking out “2013” and inserting in lieu thereof “2012”.

            There being no further amendments, the resolution was then adopted.

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

            S. C. R. 6, Requesting DOH name bridge in Wayne County “Wayne County Veterans Memorial Bridge”: coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

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

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

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

            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”,

            And,

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

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

Third ReadingCom. 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; 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. 15), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2351) passed.

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

            Com. Sub. for H. B. 2450, Granting licensed real estate appraisers access to commercial or residential review documents; 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. 16), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Folk, Kump and Lynch.

            Absent and Not Voting: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2450) passed.

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

            Com. Sub. for H. B. 2579, Revising state water quality standard for Selenium; 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. 17), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2579) passed.

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

            Com. Sub. for H. B. 2764, Relating to compulsory school attendance; 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. 18), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Howell.

            Absent and Not Voting: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2764) passed.

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

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

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Fragale.

            At 11:36 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, March 11, 2013.

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