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House Journal


Day 00 (01-9-02013)
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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)
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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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__________*__________



 

Monday, March 11, 2013

TWENTY-SEVENTH DAY

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

 

 

            The House of Delegates met at 1:00 p.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 Friday, March 8, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            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. 2567, Relating to limited partnerships,

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

            Com. Sub. for H. B. 2567 - “A Bill to amend and reenact §47-9-44 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto two new sections, designated §47-9-10a and §47-9-53a, all relating to limited partnerships; authorizing the Secretary of State to administratively dissolve and reinstate limited partnerships; allowing appeals to the circuit court; and authorizing the Secretary of State to revoke and reinstate certificates of authority of foreign limited partnerships,”

            With the recommendation that the committee substitute do pass.

Resolutions Introduced

            Delegates Skaff, Guthrie, Wells, Poore, Raines, E. Nelson, McCuskey and Hunt offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 65 - “Requesting the Division of Highways to rename the Ruth Bridge over Trace Fork of Davis Creek, bridge number 20-214-5.35 on Route 214 in Kanawha County, the ‘Jimmie Stewart Pauley Memorial Bridge United States Air Force’.”

            Whereas, Mr. Pauley was born on June 27, 1935 in South Charleston; and

            Whereas, Mr. Pauley spent his youth in Ruth, West Virginia, where he attended a one room schoolhouse; and

            Whereas, After graduating from Washington District High School, Mr. Pauley worked at an A&P Grocery store; and

            Whereas, Mr. Pauley joined the United Sates Air Force as an Airman Basic and was stationed in Charleston; and

            Whereas, In May, 1954, Mr. Pauley transferred to Langley Air Force Base in Hampton, Virginia where he received a series of promotions and attained the rank of Military Policeman; and

            Whereas, Mr. Pauley served as an Honor Guard in May 1957 when Queen Elizabeth and Prince Phillip came to Virginia to celebrate the 350th Anniversary of Jamestown and later that year in October, he was awarded the National Medal of Defense and the Good Conduct Medal; and

            Whereas, In November, 1957, Mr. Pauley was transferred to Charleston to serve in the Air Force Reserves and after an Honorable Discharge in 1961, he continued to serve in the Army National Guard in Charleston until his Honorable Discharge in October 1964; and

            Whereas, On October 13, 1956, Mr. Pauley married Norma Jean Foster and together they raised three children, Jimmie Stewart Pauley, Jr., Deborah Pauley and Cheryl Pauley; and

            Whereas, Following his discharge in 1964, Mr. Pauley continued to work in the grocery industry followed by several years in the construction business; and

            Whereas, Throughout his life Mr. Pauley was known as a kind and generous man who liked to hunt and loved his family above all; and

            Whereas, Mr. Pauley’s life, as well as the life of his son, Jimmie Pauley, Jr., suddenly ended on May 15, 1979 when the scaffold on which they were working at Mountaineer Power Plant in New Haven collapsed; and

            Whereas, It is fitting to honor Mr. Pauley 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 rename the Ruth Bridge over Trace Fork of Davis Creek, bridge number 20-214-5.35 on Route 214 in Kanawha County, the “Jimmie Stewart Pauley Memorial Bridge United States Air Force”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Jimmie Stewart Pauley Memorial Bridge United States Air Force”; 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 Jimmie Stewart Pauley.

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

            H. C. R. 66 - “Requesting the Division of Highways name bridge number 23-119-18.13 in Chapmanville, Logan County, West Virginia, on Corridor G, close to Trace Fork Road, the ‘PFC Casey West Memorial Bridge, United States Army’.”

            Whereas, PFC Casey West was born on January 6, 1924, and raised in Taplin, West Virginia; and

            Whereas, While working in the coal mine at Cleen Eagle, West Virginia, PFC Casey West was drafted into the United States Army; and

            Whereas, While in the United States Army, PFC Casey West served as an infantryman in the 36th Division; and

            Whereas, on January 22, 1944, PFC Casey West was wounded at Casino, Italy; and

            Whereas, PFC Casey West received several awards for his service in the United States Army including a Purple Heart, a European-African-Middle Eastern Campaign Ribbon with one Bronze Star and a 36th Division Blue Star; and

            Whereas, Following his honorable discharge from the United States Army, PFC Casey West returned to Logan County, West Virginia, where he married Freda Hager and had six children; and

            Whereas, Throughout his adult life in Logan County, PFC Casey West worked as a mechanic in the coal mines and was renowned for his invention propensities both on the job, at home and in the community; and

            Whereas, Following a long and productive life, PFC Casey West died on June 7, 2008, in the county of his birth; and

            Whereas, It is only fitting and proper that a bridge in Logan County, West Virginia, be named in honor of PFC Casey West and that the bridge henceforth stand as a permanent memorial so that his service to our country and the world and his devotion to Logan County, West Virginia, not be forgotten; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways name bridge number 23-119-18.13 in Chapmanville, Logan County, West Virginia, on Corridor G next to Trace Fork Road, the “PFC Casey West 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, both north bound and south bound, in bold and prominent letters, as the “PFC Casey West 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 and to the surviving children of PFC Casey West who are Arlena Mann, Nancy Fowler, Drema Farris, Jerry West and Donald West, all residing in Logan County, West Virginia.

            Delegates Iaquinta, Miley, Fragale, P. Smith, Wells, Longstreth, Boggs, Caputo, Hamrick, and Perry offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 67 - “Requesting the Division of Highways to rename the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the ‘J. Cecil Jarvis Memorial Bridge’.”

            Whereas, J. Cecil Jarvis was born on May 11, 1949, in Clarksburg, West Virginia and passed away as a result of a bicycle crash on the bridge over Skin Creek on Skin Creek Road in Lewis County on May 27, 2007; and

            Whereas, J. Cecil Jarvis grew up in Clarksburg, West Virginia and graduated from Washington Irving High School; and

            Whereas, J. Cecil Jarvis graduated from Lehigh University and Vanderbilt Law School; and

            Whereas, J. Cecil Jarvis practiced for over thirty years with the Clarksburg, West Virginia law firm of McNeer, Highland, McMunn & Varner; and

            Whereas, J. Cecil Jarvis was a member of the Bridgeport United Methodist Church of Bridgeport, West Virginia; and

            Whereas, J. Cecil Jarvis was survived by his wife, Rebecca, his children, Amy, Jennie and Brian, and his grandchildren, Nathan, John, Henry, Cole and Evelynn; and

            Whereas, J. Cecil Jarvis served two terms on the board of directors of United Hospital Center, was chairman of the board for several years and was a leader and champion of the fund raising for and building of the new United Hospital Center Building; and

            Whereas, J. Cecil Jarvis served on the board of directors of the West Virginia United Health System, and was highly instrumental in merging United Hospital Center into the West Virginia United Health System; and

            Whereas, J. Cecil Jarvis served as president of Clarksburg Publishing Company from 2002 until his passing, publishing the widely-circulated Clarksburg Exponent-Telegram, and contributing a weekly column based on estate planning and taxation; and

            Whereas, J. Cecil Jarvis served on the board of the Harrison County Chamber of Commerce and served as president of the Harrison County Bar Association; and

            Whereas, J. Cecil Jarvis was a strong advocate for healthy living, pursuing athletic and outdoor activities at every opportunity, including hunting, fishing, four Iron Man Triathlons, and two Boston Marathons, the last completed shortly before his passing; and

            Whereas, It is fitting and proper, that J. Cecil Jarvis’ life, distinguished career, service to his community and the outstanding example he set for his peers and members of the next generation be honored by naming the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the “J. Cecil Jarvis Memorial Bridge”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the “J. Cecil Jarvis 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 “J. Cecil Jarvis 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 J. Cecil Jarvis.

            Mr. Speaker, Mr. Thompson, and Delegates Ashley, Barill, Barrett, Boggs, Butler, Craig, Diserio, Ferns, Ferro, Fleischauer, Guthrie, Hunt, Iaquinta, Jones, Manchin, Manypenny, Marcum, Marshall, Miley, Moore, Morgan, Moye, E. Nelson, Paxton, Perdue, Perry, Pethtel, R. Phillips, D. Poling, M. Poling, Poore, Reynolds, P. Smith, Stephens, Storch, Stowers, Swartzmiller, Tomblin, Walker, Wells, White, Williams and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 21 - “Calling upon Patriot Coal to live up to their obligations to active and retired miners, their families and widows.”

            Whereas, The United Mine Workers of America has secured health care and pensions for retired coal miners, and widows, through decades of collective bargaining; and

            Whereas, The gains made for working miners as a result of collective bargaining are now being threatened through the use of the bankruptcy proceedings; and

            Whereas, Peabody’s spin-off of Patriot Coal jeopardizes the current collective bargaining agreement for active UMWA members at Patriot operations; and

            Whereas, Peabody’s spin-off of Patriot Coal jeopardizes retiree pensions and health care via Patriot’s bankruptcy action; and

            Whereas, Actions taken by Peabody and Arch to shed themselves of promised health and retirement benefits through corporate schemes could also hurt coal retiree’s pensions and health care; and

            Whereas, The loss of promised health care and retirement benefits jeopardizes the health and security of UMWA active, laid off and retired members and their dependants; and

            Whereas, The loss of promised health care and retirement benefits, if not addressed, could push many local communities into a financial crisis; and

            Whereas, All coal field communities have a significant interest in fighting to maintain retiree pensions and health care for our citizens; therefore; be it

            Resolved by the House of Delegates: 

             That the West Virginia House of Delegates pledge to the United Mine Workers of America and its membership to join in the fight to protect and maintain mine workers’ pensions and health care from assaults by these and other coal operators; and be it

            Further Resolved, That the West Virginia House of Delegates call upon Peabody, Arch and Patriot to live up to their obligations to provide coal miners’ health care and retirement security; and be it

            Further Resolved, That the West Virginia House of Delegates call upon others to assist in preventing these corporations from stripping from active, laid off, and retired coal miners their contractually-promised lifetime health care benefits.

Bills Introduced

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

By Delegates Miley, Fragale, Manchin, Fleischauer, Longstreth and Caputo:

            H. B. 2888 – “A Bill to amend and reenact §8-14-7 of the Code of West Virginia, 1931, as amended, relating to policemen’s civil service commissions; authorizing commissioners to serve on other boards and commissions”; to the Committee on Government Organization then the Judiciary.

By Delegates Storch, Howell, E. Nelson, Shott, McCuskey, Ashley, Hunt, Miley and Manchin:

            H. B. 2889 – “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; providing an exemption for magistrates and judges who are licensed to carry a concealed weapon”; to the Committee on the Judiciary.

By Delegates D. Poling, Guthrie, Ellem, Paxton, Poore, Diserio, Ferns, Skaff, Border, Eldridge and Barill:

            H. B. 2890 – “A Bill to amend and reenact §8-15-26 of the Code of West Virginia, 1931, as amended, relating to violating provisions of the civil service law for paid fire departments; and increasing criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Caputo, Ashley, D. Poling, Reynolds, Hamilton, Pethtel, Walker, Morgan, Diserio, Poore and Stephens:

            H. B. 2891 – “A Bill to amend and reenact §15-2-33 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-12 of said code, all relating to scholarships for dependent children of state troopers who die in performance of duty; and stating amount available per year”; to the Committee on Education then Finance.

By Delegates P. Smith, Pino and Marcum:

            H. B. 2892 – “A Bill to amend and reenact §62-3-3 of the Code of West Virginia, 1931, as amended, relating to changing the number of strikes in jury selection in felony cases to provide five strikes to the accused and three strikes to the prosecution”; to the Committee on the Judiciary.

By Delegates Manypenny, Marshall, Moore, Wells, Caputo, Longstreth and Fleischauer:

            H. B. 2893 – “A Bill to amend and reenact §29-1-8a of the Code of West Virginia, 1931, as amended; and to amend and reenact §37-13a-1 and §37-13a-5, all relating to preservation of cemeteries; requiring cultural surveys be performed before certain construction projects by natural gas pipeline companies; setting forth requirements; authorizing the Director of the Historic Preservation Section of the Division of Culture and History to issue permits for nonjurisdictional gathering lines; establishing a permit fee; requiring property owners to provide access to cemeteries and burial sites under certain circumstances; permitting injunctive relief; requiring attorney fees and costs be awarded when injunctive relief is granted; prohibiting natural gas pipelines, wells and associated facilities from being constructed within one hundred feet of a cemetery or grave site; and providing an effective date”; to the Committee on the Judiciary then Finance.

By Delegates Overington, Householder, Ellington, Gearheart, Hunt, Moore, Sponaugle, Longstreth, Sobonya, Hamilton and Pino:

            H. B. 2894 – “A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exceptions as to prohibitions against carrying concealed deadly weapons; relating to officers of the Division of Corrections or the Regional Jail Authority”; to the Committee on the Judiciary.

By Delegates Fleischauer, Barill, Marshall, Iaquinta, Lynch, Young, Pasdon, Manypenny, Staggers, D. Poling and Ferro:

            H. B. 2895 – “A Bill to amend and reenact §7-3-2a of the Code of West Virginia, 1931, as amended, relating to requiring display of POW/MIA flag on county courthouses and other government buildings”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates Pethtel, Jones, Stowers, Craig, Canterbury, Lynch and Kump:

            H. B. 2896 – “A Bill to amend and reenact §8-22-18a, §8-22-19a and §8-22-25 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-22-18c; and to amend and reenact §8-22A-4 of said code, all relating to municipal policemen and firemen pensions; providing additional investigatory and legal powers and duties of the West Virginia Municipal Pensions Oversight Board; requiring certain notice of lawsuit to the West Virginia Municipal Pensions Oversight Board; limiting certain court orders under certain circumstances; clarifying refunds to members; clarifying circumstances in which a member may retire when the member’s service has been interrupted by duty with the Armed Forces of the United States; and extending the cut-off date for the West Virginia Municipal Police Officers and Firefighters Retirement System plan to 2017"; to the Committee on Pensions and Retirement then Finance.

By Delegates Marshall, Iaquinta, Williams, Anderson, A. Evans, Pethtel, White, Fleischauer and Barill:

            H. B. 2897 – “A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof”; to the Committee on Finance.

House Calendar

Unfinished Business

            Com. Sub. for H. C. R. 22, The “Kerry Albright Road”; 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 and request concurrence therein.

Third ReadingH. B. 2361, Relating to the definition of “eligible veteran” for certain state training and employment preference benefits; 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. 19), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2361) 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. 2553, Authorizing the Secretary of State to administratively dissolve certain business entities; 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. 20), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Folk, Howell and Kump.

            Absent and Not Voting: Fragale and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2553) 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. 2554, Providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations; 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. 21), and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Fragale and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2554) 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. 2760, Creating a uniform regulation of firearms, ammunition, and firearm accessories; 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. 22), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Guthrie, Poore, Skinner and Wells.

            Absent and Not Voting: Fragale and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2760) passed.

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

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

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

            Com. Sub. for H. B. 2414, Conveying property to a nonprofit,

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

            And,

            Com. Sub. for H. B. 2747, Relating to Open Governmental Proceedings.

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Fragale and D. Poling.

            At 1:56 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 12, 2013.

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