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

House Journal


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

Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Tuesday, March 19, 2013

THIRTY-FIFTH 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 Monday, March 18, 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 E. Nelson, Ambler, Anderson, Andes, Campbell, Canterbury, Craig, Ellington, A. Evans, D. Evans, Ferns, Gearheart, Hartman, Householder, Howell, Ireland, Miley, Pasdon, Perdue, R. Phillips, Raines, Staggers, Walters and White offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 82 - “Requesting the Joint Committee on Government and Finance study methods to insure the long-term fiscal stability of the PROMISE scholarship program.

            Whereas, PROMISE scholarship recipients constitute a vital portion of our state’s youth; and

            Whereas, Recipients of the PROMISE scholarship have much to contribute to the social, economic and cultural well-being of the State; and

            Whereas, It is the desire of the Legislature to provide an incentive for these students to remain in West Virginia at the end of their undergraduate careers; and

            Whereas, It is the desire of the Legislature to insure that the PROMISE scholarship program be fully funded in such manner as to provide both for the future of West Virginia’s young scholars and its own viability; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance study the history of the PROMISE scholarship program, including delineating precisely the amount of funds expended in each year, the number of students in each year receiving the award, and the number and location of the schools receiving the funds disbursed; and, be it

            Further Resolved, That the committee shall examine and have data compiled delineating the number of students receiving the scholarship who dropped out of college in each year, the number of students who continued their education to receive their diplomas, how long it took them to graduate, their rate of employment, the average time it took them to find employment, and where they currently reside and are employed; and, be it

            Further Resolved, That the committee shall consider the impact of various strategies to improve rates of retention and graduation; and, be it

            Further Resolved, That the committee shall consider the impact of means testing the award of the PROMISE scholarship, by making it conditional to the income level of the students applying and their parents; and, be it

            Further Resolved, That the committee shall examine the approval process and the criteria used for approval and award of the scholarship since the PROMISE scholarship program began; and, be it

            Further Resolved, That the committee shall examine the rise in the costs of tuition at West Virginia higher education institutions since the PROMISE scholarship program began, and determine if these increases are in any manner linked to the existence of the program; and, be it

            Further Resolved, That the committee shall consider all such information or documentation as the committee may request in order to achieve the goals of this resolution; and, be it

            Further Resolved, That the committee 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 Caputo, Manchin, Fleischauer, Poore, Lynch, Perdue, Longstreth, Manypenny, Diserio, Jones and Swartzmiller offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 83 - “Requesting the Joint Committee on Government and Finance study viable alternatives to placing children in maximum security environments.”

            Whereas, The Legislature desires, after reading the details of the lawsuit filed by Mountain State Justice regarding the inappropriate living and treatment conditions at the West Virginia Industrial Home for Youth, to study the viable alternatives to placing children in maximum security environments; and

            Whereas, When children are removed from the West Virginia Industrial Home for Youth they may be sent to maximum security detention centers replete with cells, bars and correctional officers that offer little, if any, difference in environment for those children; and

            Whereas, Private providers of behavioral health services for children may be able to treat security residents in a residential setting so as to provide an appropriate environment for treatment; and

            Whereas, There may be many potential benefits to transitioning children currently incarcerated in maximum security settings to private behavioral health centers; and

            Whereas, Transitioning children away from maximum security facilities to private residential facilities, could make further capacity available for the overcrowded adult inmate population and capacity for the most severe juvenile offenders would remain within its current system; and

            Whereas, There may be less liability to the state by eliminating the risk of construction of new buildings and the inherent risks with being responsible for the well-being of staff; and

            Whereas, Private residential facilities with behavior health licenses allow Medicaid providers to bill for services rendered; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study viable alternatives to placing children in maximum security environments; 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 J. Nelson, R. Smith, Caputo, Tomblin, Iaquinta, Miley, Marcum, White, Moore, Manchin and Andes offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 84 - “Declaring the ‘pepperoni roll’ to be the official State Food of West Virginia.”

            Whereas, Often referred to as the “unofficial state food of West Virginia,” the simple-to-make pepperoni roll is more than the sum of its parts, every single bite is filled with soft, warm bread infused with flavor from the freshly cut, delicately seasoned pepperoni; and

            Whereas, Philadelphia may have its cheese steak and New York its bagels, the pepperoni roll was first created in Fairmont, around 1927 by Italian immigrant baker, Giuseppe “Joseph” Argiro, and it should be no surprise that it quickly became a daily staple for coal miners and struggling families; and

            Whereas, In 1987 when the United States Department of Agriculture proposed restrictions that threatened to put the family-owned bakeries of pepperoni rolls out of business, West Virginia Pepperoni Roll producers contacted Senator Jay Rockefeller who intervened and successfully saved the entire industry; and

            Whereas, Today, the humble pepperoni roll is ubiquitous around the mountain state and may be found in restaurants, bakeries, convenience stores and family kitchens, eaten cold or hot, this simple food continues to sustain West Virginians from every walk of life, coal miners, artists, business people and students; and

            Whereas, Country Club, Tomarro’s and Chico’s Dairy are only a few names that may not be in business today if the proposed change had been implemented. The pepperoni roll is as popular as ever and is enjoyed everyday throughout West Virginia and the states that our bakeries supply; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby recognizes the significance of the “pepperoni roll” in the state and by so doing declares that the “pepperoni roll” is the official state food of West Virginia; and, be it

            Further Resolved, That all citizens of West Virginia to join in recognizing the value and importance of pepperoni rolls in West Virginia; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the pepperoni roll bakeries of West Virginia.

            Delegates Moore, White, Marcum and L. Phillips offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 85 - “Requesting the Division of Highways to rename the Roderfield Box Beam Bridge, bridge number 24-52-12.79 crossing over Spice Creek in McDowell County, the ‘Carnie L. Spratt Memorial Bridge’.”

            Whereas, Carnie L. Spratt was born in May 1901, in Baileysville, West Virginia; and

            Whereas, Carnie L. Spratt and two brothers were in the logging business and when they secured a contract to log old Route 52 from Roderfield to Iaeger in the mid-1930's they moved to Roderfield; and

            Whereas, Carnie L. Spratt and his brothers purchased land and built homes for their families; and

            Whereas, Carnie L. Spratt and his brothers built the sawmill there and their company’s name was Spratt Brothers Lumber Company; and

            Whereas, Carnie L. Spratt then branched out and built the Roderfield Gulf Service Station, the first motel in McDowell County and the Drive In Grill Restaurant -- all were located at the intersection of State Route 7 and U. S. Route 52; and

            Whereas, Carnie L. Spratt and his businesses became well known and well liked in McDowell County; and

            Whereas, Carnie L. Spratt passed away in April 1981; and

            Whereas, It is fitting to honor Carnie L. Spratt for his commitment, dedication and the role he played in the development of McDowell County and the State of West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to rename the Roderfield Box Beam Bridge, bridge number 24-52-12.79 crossing over Spice Creek in McDowell County, the “Carnie L. Spratt 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 “Carnie L. Spratt 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 Carnie L. Spratt.

            Delegates E. Nelson, Ambler, Anderson, Andes, Ashley, Butler, Campbell, Canterbury, Cowles, Craig, Ellington, A. Evans, D. Evans, Ferns, Gearheart, Hartman, Householder, Howell, Lane, McCuskey, Miley, Miller, Pasdon, R. Phillips, Raines, Reynolds, Sobonya, Staggers, Storch, Sumner and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 86 - “Requesting the Joint Committee on Government and Finance study methods to insure the long-term fiscal stability of the 529 education savings plans offered by the State.”

            Whereas, Our 529 savings plans offer a vital mechanism for funding education opportunities for West Virginia’s youth; and

            Whereas, The continued maintenance of our 529 savings is vital to the well-being of the state; and

            Whereas, It is the desire of the Legislature to provide a safe and efficient funding mechanism for students to have their education funded with as little incurred debt as possible; and

            Whereas, It is the desire of the Legislature to insure that the 529 savings plans be managed in such manner as to provide both for the future of West Virginia’s young scholars and their own continued viability; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the history of the 529 savings programs, including delineating precisely the amount of funds invested in each year, the number of persons in each year depositing funds in our savings programs, and the number and type of each of the savings funds available; and, be it

            Further Resolved, That the committee shall examine and have data compiled delineating the annual return on each fund since its inception, the number and kind of such funds that are and have been available, the management of each fund, and other important factors; and, be it

            Further Resolved, That the committee shall consider the impact of various strategies employed by other states, including comparing West Virginia’s offered plans to other states in type, kind and performance; and, be it

            Further Resolved, That the committee shall consider the impact of fund management methods used by other states, including, but not limited to, putting management services for the funds out for competitive bidding; and, be it

            Further Resolved, That the committee shall examine the expenses tallied by the 529 funds offered by the State of West Virginia since the program began; and, be it

            Further Resolved, That the committee shall consider all such information or documentation as the committee may request in order to achieve the goals of this resolution; and, be it

            Further Resolved, That the committee 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 Skaff, McCuskey, E. Nelson, Raines, Guthrie, Hunt, Wells, Poore, Lane, Walters, Armstead, Ambler, Anderson, Andes, Azinger, Barill, Barrett, Boggs, Border, Butler, Campbell, Canterbury, Caputo, Cooper, Cowles, Craig, Diserio, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Ferro, Fleischauer, Folk, Frich, Gearheart, Hamilton, Hamrick, Hartman, Householder, Howell, Ireland, Jones, Lawrence, Lynch, Manchin, Manypenny, Marcum, Marshall, Miley, Moore, Morgan, Moye, O’Neal, Overington, Pasdon, Paxton, Perdue, Perry, Pethtel, R. Phillips, Pino, M. Poling, Reynolds, Rowan, Shott, Sobonya, Sponaugle, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Walker, White, Williams and Young offered the following resolution, which was read by the Clerk as follows:

            H. R. 24 - “Designating March 19, 2013, as ‘West Virginia State University Day’.”

            Whereas, West Virginia State University was founded under the provisions of the Second Morrill Act of 1890 as the West Virginia Colored Institute, one of seventeen land-grant institutions authorized by Congress and designated by the states; and

            Whereas, In 1927, under the leadership of President John W. Davis, through the expansion of academic programs and the construction of new buildings, the Institution was accredited by the North Central Association and holds the longest continuous accreditation of any college or university in West Virginia; and

            Whereas, In 1929, the Institution became known as West Virginia State College and over the next decades, West Virginia State College was recognized as one of the leading public institutions of higher education for African-Americans; and

            Whereas, In 1954, the United States Supreme Court gave its historic decision outlawing school segregation and West Virginia State College rapidly transitioned to an integrated institution. The University now serves a predominantly white, nontraditional, aged, commuter population; and

            Whereas, In 2004, the West Virginia Legislature approved the transition to University status; and

            Whereas, West Virginia State University now offers seventy-two academic program options leading to twenty-one baccalaureate and four master’s degrees; and

            Whereas, West Virginia State University is actively working with other state institutions of higher education to create additional pathways for degree-seeking students; and

            Whereas, As one of only two land-grant institutions in the state, West Virginia State University’s Extension Service serves twenty-nine counties daily. These services aid approximately 15,000 people throughout the year, including 10,000 children through summer food programs; and

            Whereas, As a regional research institution, West Virginia State University contributes significantly to state economic development efforts in the areas of biotechnology, plant, microbial and animal research; and

            Whereas, With every dollar the state invests in West Virginia State University, the University generates nearly $16 spent in the West Virginia economy, resulting in an estimated economic output of $254 million per year; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby designates March 19, 2013, as “West Virginia State University Day”; and, be it

            Further Resolved, That the House of Delegates hereby recognizes West Virginia State University for its tremendous contributions to the State of West Virginia; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Dr. Brian O. Hemphill, President of West Virginia State University.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 24) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

            Delegates Overington, Canterbury, Ambler, E. Nelson, Hunt, McCuskey, D. Evans, Ashley, Ellem, Ellington and Espinosa offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 25 - “Amending House Rule No. 94, relating to increasing the allowable number of joint sponsors of a Bill.”

            Resolved by the House of Delegates:

            That House Rule No. 94 be amended to read as follows:

Joint Sponsors of Bill

            94. A bill may be introduced bearing the names of not more than twenty five members as joint sponsors of the bill.

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. R. 20, Honoring the victims and survivors of the 1972 Blacksville Mine Fire,

            H. C. R. 18, The “Cpl. Sherald P. Brady, U.S. Army Memorial Bridge”,

            H. C. R. 20, The “Army Corporal Rex Marcel Sherman Memorial Bridge”,

            H. C. R. 21, The “Upshur Civil War Company ‘C’ Militia Memorial Highway”,

            H. C. R. 30, The “Army Sergeant Thomas Lawrence Dunithan Memorial Highway”,

            H. C. R. 47, The “Thomas B. Dunn Memorial Highway”,

            And,

            H. C. R. 63, The “US Army SFC James Edward Duncan 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:

            H. C. R. 10, The “Staff Sergeant Lesley Wayne Reed Memorial Bridge”,

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

            Com. Sub. for H. C. R. 10 - “Requesting the Division of Highways name bridge number 49-9-0.21 in Tennerton, Upshur County, West Virginia the ‘Staff Sergeant Lesley Wayne Reed US Army Memorial Bridge’,”

And,

            H. C. R. 19, The “Corporal Ronald Lee Kesling Memorial Bridge”,

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

            Com. Sub. for H. C. R. 19 - “Requesting that bridge number 49-3/4-2.40 in the Community of Kesling Mill in Upshur County, West Virginia, be named the ‘Corporal Ronald Lee Kesling USMC Memorial Bridge’,”

            With the recommendation that the committee substitutes each be adopted.

            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. 2877, Permitting the Director of the Public Employees Insurance Agency to operate any of the agency’s health benefits plans on a calendar year,

            And,

            H. B. 2909, Relating to air-ambulance fees paid by the West Virginia Public Employees Insurance Agency,

            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 Finance.

            In accordance with the former direction of the Speaker, the bills (H. B. 2877 and H. B. 2909) were each referred to the Committee on Finance.

            Delegate White, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2623, Department of Environmental Protection, water pollution control permit fee schedules,

            H. B. 2636, Racing Commission, greyhound racing,

            H. B. 2637, Racing Commission, legislative rule relating to pari-mutuel wagering,

            H. B. 2650, Broadband Deployment Council, broadband deployment grants programs,

            H. B. 2653, Consolidated Public Retirement Board, benefit determination and appeal,

            H. B. 2655, Consolidated Public Retirement Board, Public Employees Retirement System,

            H. B. 2679, Lottery Commission, state lottery rules,

            H. B. 2695, Division of Protective Services, contracted police or security services,

 

            And,

            H. B. 2712, Racing Commission, thoroughbred racing,

            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. 2623, H. B. 2636, H. B. 2637, H. B. 2650, H. B. 2653, H. B. 2655, H. B. 2679, H. B. 2695 and H. B. 2712) were each 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. 2661, State Fire Commission, volunteer firefighters’ training, equipment and operating standards, 

            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. 2661) was referred to the Committee on the Judiciary.

            Delegate White, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2613, Authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police,

            H. B. 2625, Development Office, use of coalbed methane severance tax proceeds,

            H. B. 2643, Department of Administration, selecting design-builders under the Design-Build Procurement Act,

            H. B. 2644, Department of Administration, state owned vehicles,

            H. B. 2645, Commissioner of Agriculture, poultry litter and manure movement into primary poultry breeder rearing areas,

            H. B. 2652, Consolidated Public Retirement Board, general provisions,

            H. B. 2654, Consolidated Public Retirement Board, Teachers’ Retirement System,

            H. B. 2708, State Tax Department, valuation of commercial and industrial real and personal property for ad valorem property tax purposes,

            H. B. 2709, Treasurer’s Office, enforcement of the Uniform Unclaimed Property Act,

            And,

            H. B. 2714, Department of Health and Human Resources, chronic pain management clinic licensure,

            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. 2613, H. B. 2625, H. B. 2643, H. B. 2644, H. B. 2645, H. B. 2652, H. B. 2654, H. B. 2708, H. B. 2709 and H. B. 2714) were each 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. 2534, Relating to the regulation of pawn brokers,

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

            Com. Sub. for H. B. 2534 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, as amended, by adding thereto a new article, designated §47-26-1, §47-26-2, §47-26-3, §47-26-4 and §47-26-5, all relating to the regulation of pawn brokers; defining terms; requiring transaction records; specifying misdemeanor criminal penalty for violations; requiring record retention; and allowing for additional local regulation by municipalities or counties,”

            With the recommendation that the committee substitute do pass.

            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. 2814, Relating to human trafficking,

            And,

            H. B. 2933, Providing notification to a prosecuting attorney of an offender's parole hearing and release,

            And reports the same back with the recommendation that they each do pass.

Bills Introduced

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

By Delegates Manypenny, Kump, Wells, Moore, Canterbury, Morgan, Diserio, Stephens, Reynolds and Fragale:

            H. B. 2961 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-8A-1, §16-8A-2, §16-8A-3, §16-8A-4, §16-8A-5, §16-8A-6, §16-8A-7, §16-8A-8, §16-8A-9, §16-8A-10, §16-8A-11, §16-8A-12, §16-8A-13, §16-8A-14, §16-8A-15, §16-8A-16, §16-8A-17, §16-8A-18, §16-8A-19, §16-8A-20, §16-8A-21, §16-8A-22, §16-8A-23, §16-8A-24, §16-8A-25 and §16-8A-26, all relating to creating the Compassionate Medical Marijuana Use Act of 2013; protecting patients with debilitating medical conditions, as well as their practitioners and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture, if such patients engage in the medical use of marijuana; providing that the West Virginia Department of Health and Human Resources administer the provisions of the act providing short title; legislative findings; definitions; promulgation of rules; requiring annual reports; limitations of act; prohibiting discrimination; authorizing registered compassion centers; registration of qualifying patients and designated caregivers; issuance of registry identification cards; creating oversight committee; creating the ‘Drug and Abuse Prevention Fund’ to receive sales tax imposed on all sales of marihuana in this state; providing civil penalties and criminal penalties; providing affirmative defense and dismissal for medical marijuana; providing that circuit court of Kanawha County has jurisdiction to hear petitions and appeals concerning provisions of act; enforcement; and severability”; to the Committee on Health and Human Resources then the Judiciary.

By Delegate White:

            H. B. 2962 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-22, relating to exemptions from the tax on the privilege of severing natural gas and oil; terminating a severance tax exemption for natural gas or oil produced from any well that has not produced marketable quantities for five consecutive years immediately preceding the year in which such well is placed back into production and thereafter produces marketable quantities of natural gas or oil ; providing an exception; and specifying a controlling effective date”; to the Committee on the Judiciary then Finance.

By Delegates Marshall, Barill, Fleischauer, Caputo, Stephens, Manchin, Iaquinta, Moore, Marcum, White and Skinner:

            H. B. 2963 – “A Bill to amend and reenact §18A-2-2 of the Code of West Virginia, 1931, as amended, relating to providing educators released time to serve on county commissions”; to the Committee on Education then Finance.

By Delegates Lawrence, Skaff, Caputo, Diserio, Skinner, R. Phillips, Sponaugle and Westfall:

            H. B. 2964 – “A Bill to amend and reenact §8-10-1 of the Code of West Virginia, 1931, as amended, relating to police; authorizing the mayor to appoint chiefs of police and deputy chiefs of police; and allowing chiefs of police and deputy chiefs of police to be reinstated to the rank that he or she previously held”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Hunt and Sponaugle

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

            H. B. 2965 - “A Bill to repeal §3-1-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1-2a, §3-1-4, §3-1-21, §3-1-21a, §3-1-22, §3-1-26, §3-1-32, §3-1-36, §3-1-37, §3-1-38, §3-1-39, §3-1-41, §3-1-42 and §3-1-49 of said code, all relating to cleaning up outdated language in article one, chapter three of the West Virginia Code”; to the Committee on the Judiciary.

By Delegates Skinner, Lawrence, Barrett, Young, Sponaugle, Lynch, Tomblin, Eldridge, Poore, Marcum and Caputo:

            H. B. 2966 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1, §21-5G-2, and §21-5G-3, all relating to employment and privacy protection; prohibiting an employer from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through certain electronic communications devices; prohibiting an employer from taking or threatening to take, certain disciplinary actions for an employee’s refusal to disclose certain password and related information; prohibiting an employer from failing or refusing to hire an applicant as a result of the applicant’s refusal to disclose certain password and related information; prohibiting an employee from downloading certain unauthorized information or data to certain Web sites or Web-based accounts; providing that an employer is not prevented from conducting certain investigations for certain purposes; and defining terms”; to the Committee on the Judiciary.

By Delegates Perry, Staggers, Pino, Moore, Moye, Barill, Eldridge and Lynch:

            H. B. 2967 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to prohibiting the publication of the identities of persons who have been issued licenses to carry a concealed deadly weapon”; to the Committee on the Judiciary.

By Delegates Boggs and Young:

            H. B. 2968 – “A Bill to amend and reenact §5A-8-20 of the Code of West Virginia, 1931, as amended, relating to the creation of preservation duplicates of state records and destruction of the original records; authorizing the use of additional medium for use in archiving the records; setting forth the standards the additional medium must meet; requiring the state records administrator to establish a procedure for executive agencies to follow; permitting, consistent with the State Constitution, each house of the Legislature to determine on its own or jointly the procedure for the storage of legislative records; permitting any person or entity to purchase one copy of any archived or preserved state record; and defining a term”; to the Committee on the Judiciary.

By Delegates Manypenny, Walker, Swartzmiller, Canterbury and A. Evans:

            H. B. 2969 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-2B-13, relating to poultry inspection exemptions”; to the Committee on Agriculture then the Judiciary.

By Delegates Lawrence, Williams, Eldridge, Barrett, Perry, Campbell and Skinner:

            H. B. 2970 – “A Bill to amend and reenact §18-9A-2, §18-9A-4, §18-9A-10, §18-9A-11, §18-9A-13b and §18-9A-21 of the Code of West Virginia, 1931, as amended, all relating to reforming the school aide formula by reducing over two years from ninety percent to eighty, then to seventy percent the amount of the regular levy deducted from county boards of education for general current expense purposes; ensuring that improved instructional programs receive at least $33 million annually; by providing at least $5 million to the State Board of Education to assist low performing schools; capturing moneys from declining enrollment and direct it to salaries of classroom teachers and service personnel; and requiring at least an $8 million annual appropriations for alternative education programs”; to the Committee on Education then Finance.

By Delegates Ferro, Reynolds, Storch and Walters:

            H. B. 2971 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7, all relating to creating the Uniform Real Property Electronic Recording Act; providing short title; defining terms; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring any county clerk implementing the provisions of the act to comply with established standards; authorizing county clerks to receive, index, store, archive and transmit electronic documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to convert paper documents accepted for recording into electronic documents; authorizing county clerks to collect electronically any tax or fee relating to electronic recording of real property documents they are authorized by law to collect; authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents; creating the Real Property Electronic Recording Standards Council to develop the standards necessary to electronically record real property documents; authorizing a legislative rule; providing for a report and recommendations to the Legislature; providing that members of the Real Property Electronic Recording Standards Council pay their own expenses; setting forth areas for consideration when adopting or changing standards; providing for uniformity of application and construction of the act; and providing that this act modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act”; to the Committee on the Judiciary then Finance.

By Delegates Walters and Miley:

            H. B. 2972 – “A Bill to amend and reenact §44-10-14 of the Code of West Virginia, 1931, as amended, relating to providing for structured settlements for minors who are injured or otherwise suffer a loss; permitting annuities under certain circumstances; setting forth requirements for settlements that are less than $10,000 and for those that are more than $10,000; setting forth bonding requirements; defining terms; and identifying who may serve as a conservator”; to the Committee on Banking and Insurance then the Judiciary.

By Delegate Walters:

            H. B. 2973 – “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to allowing county boards of education with low density student populations to operate their schools on a four-day school week”; to the Committee on Education then Finance.

By Delegate Walters:

            H. B. 2974 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13C-17; and to amend said code by adding thereto a new section, designated §11-24-9d, all relating to a tax deduction allowed for capital expenditures from the corporate net income tax”; to the Committee on Finance.

By Delegate Manypenny:

            H. B. 2975 - “A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to the controlled substances monitoring generally; permitting specific law-enforcement officials who are members of federally affiliated drug task forces, including sheriffs, access to certain confidential pharmaceutical information to identify unusual prescription drug behavior; and establishing a felony offense for misusing information from the controlled substance database”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Walters, Canterbury, E. Nelson, Raines, Skaff, Barrett and Manchin:

            H. B. 2976 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8d, relating to roads and highways; the West Virginia Commissioner of Highways; and authorizing the creation of a fund for pothole repair contributed to by private businesses or entities; and providing for recognition of the contribution of the private businesses or entities at the site of repair”; to the Committee on Roads and Transportation then Finance.

By Delegate Walters:

            H. B. 2977 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16-18, relating to requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience to policyholders upon request of a policyholder; and identifying the claims loss experience information to be provided”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Armstead, McCuskey, Walters and Lane:

            H. B. 2978 – “A Bill to amend and reenact §21-5A-1 of the Code of West Virginia, 1931, as amended, relating to wages for construction of public improvements; and exempting Volunteer Fire Departments from the definition of ‘public authority’ if it is constructing a facility to replace one that has been destroyed”; to the Committee on the Judiciary then Finance.

By Delegates Boggs, Skaff, E. Nelson, White, Morgan, M. Poling and Miley:

            H. B. 2979 – “A Bill to amend and reenact §31-15C-2, §31-15C-8, §31-15C-9 and §31-15C-10 of the Code of West Virginia, 1931, as amended, all relating to broadband deployment projects; clarifying that the West Virginia Infrastructure and Jobs Development Council’s public outreach and education efforts extend beyond unserved areas; revising the council’s guidelines on requests for funding assistance; requiring projects for broadband service involving the construction of a network to meet the revised definition of ‘broadband’ before being approved; revising the criteria for funding assistance applications; providing that projects to promote demand may be on a regional or statewide basis; revising notice and posting requirements; and redefining certain terms”; to the Committee on Finance.

By Delegates Hunt and Sponaugle

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

            H. B. 2980 – “A Bill to repeal §3-3-2a, §3-3-3a and §3-3-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-3-1, §3-3-2, §3-3-3, §3-3-4, §3-3-5, §3-3-5a, §3-3-5b, §3-3-5c, §3-3-8, §3-3-10 and §3-3-11 of said code; and to amend said code by adding thereto two new sections, designated §3-3-3b and §3-3-3c, all relating to absentee and early in-person voting; specifically, to clean up and update existing language in the code”; to the Committee on the Judiciary then Finance.

By Delegates Howell, Paxton, Ashley, Iaquinta, Eldridge, Longstreth, Storch, Azinger, Rowan, Manchin and Miley:

            H. B. 2981 – “A Bill to amend and reenact §15-1F-7 of the Code of West Virginia, 1931, as amended, relating to unlawful military organizations; and providing that historical reenactors are not violating the provision prohibiting unlawful military organizations”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

By Delegates Canterbury, Miller, Cooper and R. Smith:

            H. B. 2982 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2A-10, relating to prohibiting the use of calculators for teaching purposes in grades K through eight”; to the Committee on Education then Finance.

By Delegates Canterbury, Pasdon, E. Nelson, Manypenny, Ambler, Miller, Andes and Staggers:

            H. B. 2983 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7d, relating to requiring inclusion of science fiction reading material in certain existing middle school and high school courses to stimulate interest in the fields of math and science”; to the Committee on Education then Finance.

By Delegate Canterbury:

            H. B. 2984 – “A Bill to amend and reenact §11-4-3 of the Code of West Virginia, 1931, as amended, relating to assessment of real property; definitions; and providing that ‘owner’ includes the trustee of a trust or a majority of the voting shareholders of a limited liability company or corporation who reside on the real property which is the subject of the trust or owned by a limited liability company or corporation and which has an annual production of agriculture or forest products that exceeds $5,000”; to the Committee on the Judiciary then Finance.

By Delegate Canterbury:

            H. B. 2985 – “A Bill to amend and reenact §55-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing attorney fees and costs to the prevailing party in a court case in which adverse possession is asserted in either support of a claim or of a defense”; to the Committee on the Judiciary.

By Delegates Perdue, Perry, Cowles, Poore, Staggers and Storch:

            H. B. 2986 – “A Bill to amend and reenact §18C-3-3 of the Code of West Virginia, 1931, as amended, relating to the Health sciences service program; expanding eligibility”; to the Committee on Education then Finance.

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

            H. B. 2987 – “A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to methadone and treatment program required reports”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Pino, Hartman, Lynch, Skaff, Swartzmiller, Boggs and Caputo:

            H. B. 2988 – “A Bill to amend and reenact §29-26-2, §29-26-5 and §29-26-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eight new sections, designated §29-26-7, §29-26-8, §29-26-9, §29-26-10, §29-26-11, §29-26-12, §29-26-13 and §29-26-14, all relating to providing the West Virginia Courthouse Facilities Improvement Authority with the ability to issue bonds to raise funds for paying the costs of approved modifications or construction of courthouse facilities; defining terms; adding bond-related activities to the powers of the authority; providing that moneys from the West Virginia Courthouse Facilities Improvement Fund may be disbursed for payment of debt service on bonds; authorizing the authority to issue bonds; setting circumstances for bond issuance and potential terms of bonds; authorizing repayment of debt; permitting bonds be secured by trust agreement and setting certain parameters; permitting refunding bonds; clarifying that bonds by the authority are not a pledge of faith and credit of the state, county, municipality or other subdivision of the state; declaring bonds issued as negotiable instruments under the Uniform Commercial Code; exempting all bonds by the authority, as well as interest and income thereon, from taxation by the state or any subdivision; declaring that certain individuals have no personal liability in relation to issuance of bonds; and granting cumulative authority for exercising certain powers, including if no bonds are issued by the authority”; to the Committee on Finance.Special Calendar

Unfinished Business

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

            H. C. R. 45, The “Army PFC French E. Marsh Memorial Bridge”,

            H. C. R. 46, The “Martha Ellen Taylor & Sons Memorial Bridge”,

            And,

            H. C. R. 58, The “Marine Lance Corporal Michael Steven Garrett 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 ReadingH. B. 2861, Relating to continued enrollment of at-risk student in public school; on third reading, coming up in regular order, was read a third time.

            Delegate Lane requested to be excused from voting on the passage of H. B. 2861 under the provisions of House Rule 49.

            The Speaker replied that the Gentleman was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 38), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Ellem, Fragale and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2861) passed.

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

            On this question, the yeas and nays were taken (Roll No. 39), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Ellem, Fragale and L. Phillips.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2861) takes effect July 1, 2013.

            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:

            H. B. 2780, Relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services,

            Com. Sub. for H. B. 2815, Clarifying and modifying the process of appointing and terminating guardians for minors,

            And,

            H. B. 2842, Clarifying that time-sharing plans, accommodations and facilities are subject to regulation by the Division of Land Sales and Condominiums.

            At 11: 55 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.

* * * * * * *

Evening Session

* * * * * * *

Messages from the Senate

             A message from the Senate, by

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

            S. B. 183 - “A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of ‘federal taxable income’ and certain other terms used in the West Virginia Corporation Net Income Tax Act so the definitions conform with the Internal Revenue Code's definitions; and specifying effective dates”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 208 - “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Commerce, Division of Labor, fund 0260, fiscal year 2013, organization 0308, and the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2013”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 358 - “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 and §8-22A-9 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; liability disclaimer for board acts or omissions concerning investigatory or legal actions; 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 under which a member may retire when the member’s service has been interrupted by duty with the armed forces of the United States; extending the cut-off date for the West Virginia Municipal Police Officers and Firefighters Retirement System plan to 2017; and continuing the municipality’s disability retirement purchase requirement until 2017”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 446 - “A Bill to amend and reenact §11-14B-14 of the Code of West Virginia, 1931, as amended, relating to conformity with the International Fuel Tax Agreement; and specifying that on and after July 1, 2013, specified provisions of the International Fuel Tax Agreement, as amended and in effect on that date, apply to motor fuel taxes collected under the International Fuel Tax Agreement”; which was referred to the Committee on Roads and Transportation then Finance.

            At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

Committee Reports

            Delegate White, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2514, Lowering the total amount of tax credits available under the Film Industry Investment Act,

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

            Com. Sub. for H. B. 2514 - “A Bill to amend and reenact §11-13X-5 of the Code of West Virginia, 1931, as amended, relating to the Film Industry Investment Act; lowering the amount of credit allowed and lowering the total amount of tax credits available in a given fiscal year,”

            And,

            H. B. 2858, Relating generally to consumer rate relief bonds,

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

            Com. Sub. for 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; providing that the rate adjustment mechanism 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,”

            With the recommendation that the committee substitutes each do pass.

            Delegate White, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

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

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

            Delegate White, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2516, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act,

            And reports the same back with the recommendation that it 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. 2790, Relating to public service district board members,

            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. 2790) was referred to the Committee on Finance.

            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. 2608, Requiring appraisal management companies to be registered,

            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 bills (H. B. 2608) was referred to the Committee on the Judiciary.

            Delegate White, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2124, Creating new code sections which separate the executive departments,

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

            Com. Sub. for H. B. 2124 - “A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §5F-2-1a, §5F-2-1b, §5F-2-1c, §5F-2-1d, §5F-2-1e, §5F-2-1f, §5F-2-1g, §5F-2-1h, §5F-2-1i, §5F-2-1j, §5F-2-1k and §5F-2-1l, all relating to the reorganization of certain code provisions that organize the executive branch of state government,”

            H. B. 2360, Relating to public school support computation of local share,

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

            Com. Sub. for H. B. 2360 - “A Bill to repeal §11-1C-5b of the Code of West Virginia, 1931, as amended; to repeal §18-9A-2a of said code; and to amend and reenact §18-9A-2 and §18-9A-11 of said code, all relating to public school support computation of local share; removing provisions for using assumed assessed values for the purpose of computation; removing provisions for increasing counties’ local share responsibility for funding basic foundation education formula when property assessments are not at least fifty-four percent of market value as indicated by assessment ratio study; revising definitions; removing certain provisions relating to obligations created in special acts for certain counties to provide funding for public libraries; and encouraging county boards to support public libraries within their counties,”

            And,

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

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

            Com. Sub. for H. B. 2848 - “A Bill to amend and reenact §11A-3-18, §11A-3-22, §11A-3-27, §11A-3-28 and §11A-3-55 of the Code of the West Virginia, 1931, as amended, all relating generally to the sale of tax liens and nonentered, escheated and waste and unappropriated lands; providing for the forfeiture of the rights of a purchaser under certain circumstances where a tax certificate of sale has ceased to be a lien on the property; authorizing certain refunds after forfeiture of rights to a tax deed if requested in a timely manner; establishing an alternative mailing address for the delivery of certain notices to redeem property; modifying the requirements for petitioning to compel execution of a deed by the auditor; and removing provisions that preserve certain rights of a purchaser and that award costs to a petitioner in the case of a petition where a court determines the auditor’s failure or refusal to execute a deed was without reasonable cause,”

            With the recommendation that the committee substitutes each do pass.

            Delegate White, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 2508, Changing the capital investment threshold amount,

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

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            Com. Sub. for S. B. 359, Relating generally to reforming public education,

            And reports the same back with the recommendation that it do pass.

Leaves of Absence

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

            At 5:05 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 20, 2013.

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