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House Journal


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Day 41 (03-25-2013)
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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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__________*__________



 

Friday, March 22, 2013

THIRTY-EIGHTH 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 21, 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 Third Order of Business for the purpose of receiving committee reports.

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. 12, Designating the annual observance of March 31 as “West Virginia State Trooper Day”,

            And reports the same back with the recommendation that it be adopted.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 12) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

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

            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. 17, The “State Police Cpl. Marshall Lee Bailey and Trooper Eric Michael Workman Memorial Interchange”,

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

            Com. Sub. for H. C. R. 17 - “Requesting that the I-79 interchange at Exit 34, the Wallback, West Virginia exit, be named the ‘State Police Cpl. Marshall Lee Bailey and Trooper Eric Michael Workman Memorial Interchange’, that each bridge at the interchange be named the ‘State Police Cpl. Marshall Lee Bailey and Trooper Eric Michael Workman Memorial Bridge’, and that the east-bound and west-bound lanes of State Route 36 at the interchange be named the ‘State Police Cpl. Marshall Lee Bailey and Trooper Eric Michael Workman Memorial Road’,”

            With the recommendation that the committee substitute be adopted.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 17) to a committee was dispensed with, and it was taken up for immediate consideration.

            The question now being on the adoption of the resolution, Delegate Perdue demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 50), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Fragale, Gearheart and L. Phillips.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 17) adopted.

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

            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. 11, Requesting the State of West Virginia to annually recognize August 16 as “Airborne Day” in West Virginia,

            H. C. R. 66, The “PFC Casey West Memorial Bridge, United States Navy”,

            H. C. R. 76, The “John W. Pyles Bridge”,

            H. C. R. 80, Urging the US Congress to move West Virginia from the Environmental Protection Agency’s Region 3 office to the Region 4 office in Atlanta,

            And,

            H. C. R. 88, Calling upon Patriot Coal to live up to their obligations to active and retired miners, their families and widows,

            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. 53, The “Oral Gene Castle Bridge”,

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

            Com. Sub. for H. C. R. 53 – “Requesting the Division of Highways to name the bridge crossing Pine Creek at Omar, Logan County, bridge number 23-119/5-0.23, the ‘Oral Gene Castle Bridge’,”

            With the recommendation that the committee substitute be adopted.

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

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2158, Relating to the provision of financially-related services by banks and bank holding companies,

            And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.

            In the absence of objection, reference of the bill (H. B. 2158) to the Committee on the Judiciary was abrogated.

            On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass, but that it first be referred to the Committee on Finance), which was read by its title, as follows:

By Delegates Ambler, Barill, Sumner, Espinosa, Raines, Campbell, Walker, Barrett, Cooper, Young and Rowan:

            H. B. 3042 - “A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2c, relating to providing a teacher mentoring increment for classroom teachers with national board certification who teach and mentor at priority and focus schools; defining focus and priority schools; defining mentoring; specifying method of payment; and specifying eligibility.”

            In the absence of objection, the Speaker referred the resolution to the Committee on Finance.

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

            Your Committee on Education has had under consideration:

            H. B. 2592, Establishing a Library Facilities Improvement Fund,

            And,

            H. B. 2986, Expanding eligibility to the Health sciences service program, 

            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. 2592 and H. B. 2986) 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. 2717, Requiring that deputy sheriffs be issued ballistic vests upon law-enforcement certification,

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

            Com. Sub. for H. B. 2717 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-7-14a, relating to requiring that sheriffs provide ballistic resistant vests to deputy sheriffs; providing standards for personal body armor; requiring payment of expenses by county commission; limiting the construction of provisions; and encouraging defrayment of expenses,”

            H. B. 2802, Relating to the Emergency Medical Services Retirement System,

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

            Com. Sub. for H. B. 2802 - “A Bill to amend and reenact §16-5V-2, §16-5V-8, §16-5V-11, §16-5V-20, §16-5V-21 and §16-5V-24 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto two new sections, designated §16-5V-8a and §16-5V-35, all relating to the Emergency Medical Services Retirement System; modifying the definition of annual compensation as it relates to determining benefits; adding a definition for contributing service to this article; adding a definition for the terms retire and retirement to this article; providing for correction of participating public employer errors by the board; providing eligibility requirements for commencement of benefits; specifying that the board must be in receipt of a request for estimation of benefits prior to providing a member with an explanation of their estimated gross monthly annuity and a retirement application; providing that a member shall have at least ten years of contributing service to qualify for nonduty related disability retirement; specifying that the total nonduty disability award received by a member shall be based on their average monthly compensation during the twelve month period immediately preceding the disability award; providing that all costs associated with disability benefit examinations shall be paid from the board’s expense fund; providing that disability benefits shall cease on the first day of the month following termination of disability by the board; requiring annual disability recertification for a retirant who is less than sixty years of age during the first five years of retirement and once every three years thereafter; providing that if a member who is receiving a nonduty disability benefit dies the surviving spouse shall receive the average monthly compensation received by the member prior to the disability award; and providing for the annuity calculation for a member who returns to covered employment after retirement,”

            And,

            H. B. 2945, Relating to the distribution of state funds to volunteer fire departments,

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

            Com. Sub. for H. B. 2945 - “A Bill to amend and reenact §12-4-14a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-3-33a, all relating to the distribution of state funds to volunteer fire departments under the Volunteer Fire Department Workers’ Compensation Subsidy Program generally; specifying that the subsidy provided to volunteer fire departments to offset certain workers’ compensation premium increases apply to increases attributable to the fire fighting service, rapid response emergency medical service, ambulance service and diving service components of the services provided by volunteer fire departments; establishing the Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund and directing that certain moneys be deposited into the fund for the program; and requiring reviews, assessments and reports to the Legislature prior to termination of the program,”

            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. 2800, Relating to the Teachers’ Retirement System,

            H. B. 2818, Relating to the Teachers’ Defined Contribution Retirement System,

            And,

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

            And reports the same back, with title amendments, with the recommendation that they each 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. 2543, Specifying that the subsidy provided to volunteer fire departments to offset certain workers’ compensation premium increases apply to increases attributable to the fire fighting service,

            And reports the same back with the recommendation that it 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. 2809, Authorizing the Division of Corrections to implement a responsible parent program pilot project,

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

            Com. Sub. for H. B. 2809 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated, §25-8-1, relating to authorizing the Division of Corrections to implement a responsible parent program pilot project; setting forth requirements to participate in the program; setting forth program goals; and requiring a report,”

            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. 3020, Improving boat dock and marina safety,

            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. 3020) 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. 2825, Relating to certain appointive state officers salaries, 

            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. 2825) 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. 2570, Relating to the West Virginia Public Employees Grievance Procedure,

            And,

            H. B. 2730, Relating to the Real Estate Appraisal Board,

            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. 2570 and H. B. 2730) 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. 2849, Relating to audits and investigations by the chief inspector of public offices,

            H. B. 2888, Allowing members of a policemen's civil service commission to serve on other local boards and commissions,

            And,

            H. B. 2936, Relating to the regulation of fireworks,

            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. 2849, H. B. 2888 and H. B. 2936) 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. 2395, Relating to senior services,

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

            Comm. Sub. for H. B. 2395 – “A Bill to amend and reenact §16-5P-15 of the Code of West Virginia, 1931, as amended, relating to senior services in-home care registry; providing for 60 day waiver of initial registration fee; and clarifying rule-making authority for the Bureau of Senior Services to require an applicant to obtain a state or federal criminal background check.”

            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. 2613, 2643, 2644, 2652, 2653, 2654 and 2655, Authorizing the Department of Administration to promulgate legislative rules,

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

            Com. Sub. for H. B. 2652 - “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Administration; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing the Department of Administration to promulgate a legislative rule relating to selecting design-builders under the Design-Build Procurement Act; authorizing the Department of Administration to promulgate a legislative rule relating to state owned vehicles; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers’ Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System; and authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police,”

            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. 3003, Facilitating compliance with the Tobacco Master Settlement Agreement,

            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. 3003) 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. 2992, Eliminating duplicative reporting requirements imposed on distributors of imported cigarettes,

            And reports the same back, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

            In the absence of objection, reference of the bill (H. B. 2992) to the Committee on Finance was abrogated.

            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. 2453, Expanding the Amber Alert Plan,

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

            Com. Sub. for H. B. 2453 - “A Bill to amend and reenact §15-3A-4 of the Code of West Virginia, 1931, as amended, all relating to the activation of the Amber Alert Plan, requiring a reporting law enforcement agency to report a suspected missing or abducted child to the West Virginia Sate Police in the initial stages of investigation, and requiring the West Virginia State Police to contact Amber Alert for determination of alert criteria,”

            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. 3013, Authorizing the establishment of job creation work groups,

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

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. 371 - “A Bill to amend and reenact §25-1-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §28-5-27 of said code; to amend said code by adding thereto two new sections, designated §31-20-5g and §31-20-5h; to amend and reenact §61-7-6 of said code; to amend and reenact §62-11A-1a of said code; to amend and reenact §62-11B-9 of said code; to amend and reenact §62-11C-2, §62-11C-3 and §62-11C-6 of said code; to amend said code by adding thereto a new section, designated §62-11C-10; to amend and reenact §62-12-6, §62-12-7, §62-12-9, §62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17 and §62-12-19 of said code; to amend said code by adding thereto a new section, designated §62-12-29; to amend and reenact §62-15-2 of said code; and to amend said code by adding thereto two new sections, designated §62-15-6a and §62-15-6b, all relating to public safety; requiring the Division of Corrections to perform graduated methods of mental health screens, appraisals and evaluations on persons committed to its custody; mandating one year of supervised release for violent inmates; mandating one hundred eighty days of supervised release for nonviolent inmates; requiring the Commissioner of Corrections to adopt policies regarding mandatory supervised release; requiring the West Virginia Regional Jail Authority and Correctional Facility to utilize a standardized pretrial risk-screening instrument adopted by the Supreme Court of Appeals of West Virginia; requiring the authority to develop and implement cognitive behavioral programming for inmates in regional jails committed to the custody of the Commissioner of Corrections; exempting parole officers from prohibitions against carrying concealed weapons; moving definition of ‘day report center’ to section relating to conditions of release on probation; providing standards and limitations under which judges and magistrates may impose a period of supervision or participation in day report program; clarifying language regarding confinement and revocation for violations of the conditions of home incarceration; adding representative of the Bureau for Behavioral Health and Health Facilities to the community corrections subcommittee of the Governor’s Committee on Crime, Delinquency and Correction; providing that the community corrections subcommittee review, assess and report on the implementation of evidence-based practices in the criminal justice system; adding member with a background in substance abuse treatment and services to the community criminal justice boards of each county or combination of counties; providing oversight responsibility to Division of Justice and Community Services to implement standardized risk and needs assessment, evaluate effectiveness of other modifications to community corrections programs and provide annual report; requiring probation officers to conduct a standardized risk and needs assessment for individuals placed on probation and to supervise probationer and enforce probation according to the same; requiring probation officers to perform random drug tests of persons under supervision; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized risk and needs assessment for use by probation officers; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized pretrial screening instrument for use by the Regional Jail Authority; providing standards and limitations under which judges may impose a term of reporting to a day report center or other community corrections program as a condition of probation; authorizing day report center programs to provide services based on the results of a person’s standardized risk and needs assessment; providing for graduated sanctions in response to violations of the conditions of release on probation other than absconding or committing new criminal conduct; creating exceptions to new criminal conduct provisions; requiring copies of graduated sanctions confinement orders be supplied to the Commissioner of Corrections; providing that graduated sanctions confinement be paid by the Division of Corrections; revising eligibility requirements for accelerated parole program; requiring that Division of Corrections’ policies and procedures for developing a rehabilitation treatment plan include the use of substance abuse assessment tools and prioritize treatment resources based on the risk and needs assessment and substance abuse assessment results; providing for rebuttable presumption that parole is appropriate for inmates completing the accelerated parole program and a rehabilitation treatment program; providing standards and limitations for Parole Board; outlining duties of the Division of Corrections to supervise, treat and provide support services for persons released on mandatory supervised release; removing temporal standard for requirement that the Parole Board have access to a copy of an inmate’s physical, mental or psychiatric examination; authorizing Division of Corrections employ directors of housing and employment for released inmates with duties relating to the reduction of parole release delays and finding employment; requiring parole officers to update the standardized risk and needs assessment for each person for whom an assessment has not been conducted for parole and to supervise each person according to the assessment and the commissioner’s supervision standards; authorizing the Commissioner of Corrections to issue a certificate authorizing a parole officer to carry firearms or concealed weapons; providing standards and limitations under which the Division of Corrections may order substance abuse treatment or impose a term of reporting to a day report center or other community corrections program as a condition or modification of parole; authorizing the Commissioner of Corrections to enter into a master agreement with the Division of Justice and Community Services to reimburse counties for use of the community corrections programs; clarifying that parolee participation in community corrections is at program director’s discretion; providing for graduated sanctions in response to violations of the conditions of release on parole other than absconding or certain new criminal conduct; providing a parolee with the right to a hearing, upon request, regarding whether he or she violated the conditions of his or her release on parole; providing that graduated sanctions incarceration for parolees be paid for by Division of Corrections; providing for a Community Supervision Committee to be appointed by the Administrative Director of the Supreme Court of Appeals of West Virginia to coordinate the sharing of information for community supervision and requiring submittal of an annual report; revising definitions; providing standards and limitations under which judges may order treatment supervision for drug offenders; requiring the Division of Justice and Community Services to use appropriated funds to implement substance abuse treatment to serve those under treatment supervision in each judicial circuit; providing that the Division of Justice and Community Services is responsible for developing standards relating to quality and delivery of substance abuse services, requiring certain education and training, paying for drug abuse assessments and certified drug treatment from appropriated funds and requiring submittal of an annual report; outlining duties of treatment supervision service providers; providing for state payment of drug court participants’ incarceration under certain circumstances; defining terms; and making technical changes”; which was referred to the Committee on the Judiciary then Finance.

Resolutions Introduced

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

            H. C. R. 91 - “Requesting the Division of Highways to name the stretch of County Highway 5, also known as Mud Fork Road, in Logan County, West Virginia, beginning at the intersection of County Road 119/26 and County Road 119/14, continuing NW for 10.6 miles and ending at the intersection of County Highway 5 and East Fork Road, the ‘Platoon Sgt Clifford Tomblin Highway, United States Army’.”

            Whereas, Clifford Tomblin was born in Mingo County, West Virginia, on August 17, 1920, son of Harrison Tomblin and Celia (McCoy) Tomblin; and

            Whereas, Clifford Tomblin, while a resident of Logan County, West Virginia, was inducted into the United States Army on September, 30, 1942; and

            Whereas, Clifford Tomblin entered into active service on October 14, 1942; and

            Whereas, Clifford Tomblin devoted three years of his life, fighting for the nation’s and the world’s freedom; and

            Whereas, While in the United States Army, Clifford Tomblin rose to the rank of Platoon Sergeant, serving as a leader of men; and

            Whereas, While engaged in active warfare, Platoon Sergeant Tomblin fought in several battles and campaigns including Rome, Arno, the North Apennines, PO Valley and North Africa; and

            Whereas, While stationed in Italy, Platoon Sergeant Tomblin was wounded in action on July 15, 1944; and

            Whereas, During his military service, Platoon Sergeant Tomblin showed himself to his men and to his superior officers to be a man of courage, strength, leadership and loyalty as he risked his life over and over again in defense of freedom; and

            Whereas, For his courage and valor, Platoon Sergeant was awarded several decorations and citations including the Purple Heart Medal, the Bronze Star Medal, the Silver Star Medal, the Good Conduct Medal and the European African Middle Easter Service Ribbon; and

            Whereas, Platoon Sergeant Clifford Tomblin received an honorable discharge from the United States Army on October 22, 1945, after having served his country with pride, a pride that would continue throughout his life; and

            Whereas, In light of Platoon Sergeant’s uncomplaining dedication to preserving our nation’s and our world’s freedom during the great war of WWII combined with his lifelong history and love of Logan County, West Virginia, where he lived throughout his life with his spouse, Janice Carter Tomblin, it is only fitting that a road he and his loved ones traveled countless times, Mud Fork Road, should carry his name; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name a stretch of County Highway 5, also known as Mud Fork Road, in Logan County, West Virginia, beginning at the intersection of County Road 119/26 and County Road 119/14, continuing NW for 10.6 miles and ending at the intersection of County Highway 5 and East Fork Road, the “Platoon Sgt Clifford Tomblin Highway, United States Army”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made several signs that state, in bold and prominent lettering, the “Platoon Sgt Clifford Tomblin Highway, United States Army” and to erect these signs, one at either end of the stretch of highway and others strategically placed at intervals on both sides of the road along the 10.6 mile stretch; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to surviving family members of Clifford Tomblin and to the Secretary of the Department of Transportation.

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

            H. C. R. 92 - “Requesting the Division of Highways to name bridge number 23-119/5-1.80 on County Route 119/5 in Logan County, the ‘Army Corporal Randell Maynard Bridge’.”

            Whereas, Corporal Maynard was born on July 31, 1946 in Omar to Grady and Sarah Maynard; and

            Whereas, Corporal Maynard graduated from Logan High School in 1964; and

            Whereas, Corporal Maynard entered the United States Army in September 1966 and was honorably discharged in September 1968 after serving in Vietnam; and

            Whereas, In June 1969, Corporal Maynard married Sharon Simms and they raised three children, Matt, Sherry and Jason; and

            Whereas, Following his military service Corporal Maynard was employed in mining construction and retired in 1996; and

            Whereas, Corporal Maynard has long been involved with his community, including tirelessly working with the Omar Little League and the annual Pine Creek Reunion; and

            Whereas, It is fitting to honor Corporal Maynard for his commitment, dedication and service to his country and his state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 23-119/5-1.80 on County Route 119/5 in Logan County, the “Army Corporal Randell Maynard 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 “Army Corporal Randell Maynard 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 Army Corporal Randell Maynard.

            Delegates Howell, Azinger, Ellington, Espinosa, A. Evans, Rowan and Shott offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 93 - “Requesting the Joint Committee on Government and Finance to make a study of county self government in the State of West Virginia.”

            Whereas, Changes in the system and organization of local government in West Virginia and in the powers granted to said local governments may increase efficiency and maintain or improve existing services; and

            Whereas, Changes in the administration and operations of local governments may allow the various regions of the state to better address their different local and regional needs by permitting counties to use a wider range of resources with greater flexibility in their efforts to formulate local and regional approaches for the encouragement of economic development and the provision of services to residents; and

            Whereas, Before any expansion of taxing authority of local governments can fairly be considered, there must first be an analysis of local government efficiency, tax fairness and stability, and the balance between quality services and the level of taxation; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance be requested to create an Inter-Governmental Study Commission.

            That such commission shall consist of fifteen members; three members to be appointed by the President of the Senate, not more than two members so appointed to be members of the Senate, with no more than one of such Senate members to be of the same party, and one member to be a representative, private citizen; three members to be appointed by the Speaker of the House of Delegates, with not more than two members so appointed to be members of the House of Delegates, with no more than one of such house members to be of the same political party, and one member to be a representative, private citizen; and three members to be appointed by the Governor. The representative, private citizen members should include persons with background, knowledge or experience in taxation, economics, current conditions of business and industry, labor, commerce, or other activities fundamental to the business environment; and such other persons found eligible by the appointing authority because of sound judgment and deep interest may be appointed as representative citizens.

            Such commission shall also consist of six members representing local governments, three of whom shall represent the interest of counties, and three of whom shall represent the interests of municipalities, to wit: The Association of Counties and the West

Virginia Municipal League shall each submit a list of members to the Governor, the President of the Senate and Speaker of the House, from which list each shall appoint one county representative and one municipal representative; and, be it

            Further Resolved, That the pilot counties be granted the authority to adopt a specific home rule charter with sunset provisions to allow for a trial period of home rule in that county to begin an appropriate analysis. The county will submit a plan indicating the necessity, implementation, and administration of the pilot program to said commission. The commission is hereby requested to review, examine and study the present structure of county and municipal governments in West Virginia, evaluate the pilot county’s program and progress to make recommendations on how the entire local government system, the Constitution of West Virginia and the statutes of West Virginia related thereto may be improved or amended to increase efficiency and maintain existing services; and, be it

            Further Resolved, That the said commission is hereby requested to define the term “Self Government,” to examine the Self Government concept in depth, and propose specific organizational and fiscal solutions; and, be it

            Further Resolved, That the commission shall elect one of its members as chairman, one as vice chairman and other officers as it deems appropriate. Vacancies on the commission shall be promptly filled by the original appointing authority.

            The commission may employ such professional, clerical and technical assistants as it deems necessary in order to perform its duties, and may request information from any state, county, or municipal officer or agencies in order to assist the performance of its duties.

            The commission shall meet in Charleston or elsewhere as it may deem necessary or appropriate, and it shall convene at least quarterly and at such other times as its duties may require. The first meeting shall be called jointly by the President of the Senate and the Speaker of the House of Delegates, one of whom shall preside temporarily and until a chairman is elected.

            The interim findings of the Inter-Governmental Study Commission shall be reported to the Legislature at the interim sessions of the Legislature, 2013, with respect to progress of activities, programs and plans of the commission toward the development of recommendations; and a report of the commission shall be submitted to the Legislature at its regular session, 2014, unless the existence of the Inter-Government Study Commission is continued by resolution or other action of the Joint Committee on Government and Finance; and, be it

            Further Resolved, That the expenses necessary to conduct the commission’s study and to prepare appropriate reports, recommendations and proposed legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.

            Delegates Caputo.(By Request), Swartzmiller, Longstreth and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 94 - “Requesting the Joint Committee on Government and Finance, together with a representative group of child psychologists from West Virginia’s public institutions of higher education, study whether the age of 14 is the appropriate age for a child to have the right to nominate a guardian.”

            Whereas, A child of 14 is often unaware of his or her needs and, therefore, unable to make a choice of guardian in his or her own best interests; and

            Whereas, It is possible, if not likely, that the emotional, psychological and social development of a child 14 years of age may result in a decision that is not in their best interests; and

            Whereas, The State of West Virginia has a long history of legislation that promotes the best interests of the child; therefore, be it

            Resolved by the House of Delegates of West Virginia:

            That the Joint Committee on Government and Finance, together with a representative group of child psychologists from West Virginia’s public institutions of higher education, study whether the age of 14 is the appropriate age for a child to have the right to nominate a guardian; 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 legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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

            By Delegates Armstead, Shott, O’Neal, E. Nelson, Ellington, Miller, Howell and Hunt:

            H. J. R. 36 – “Proposing an amendment to the Constitution of the State of West Virginia, amending article VII thereof, by adding thereto a new section, designated section twenty, relating to the eligibility of the Attorney General; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Constitutional Revision then the Judiciary.

Bills Introduced

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

By Mr. Speaker, Mr. Thompson, and Delegates Craig, Hunt, Marcum, Caputo, Ferro, R. Phillips, Williams and Boggs:

            H. B. 3043 – “A Bill to amend and reenact §11-13BB-3 of the Code of West Virginia, 1931, as amended, relating to including methane monitoring equipment as eligible safety equipment for tax credit purposes”; to the Committee on Finance.

By Delegates Hamrick, Butler, Householder, Overington, Westfall, Cooper and Cadle:

            H. B. 3044 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-5D-1, §18-5D-2 and §18-5D-3, all relating to providing a procedure for local school boards to obtain authorization from the State Board of Education for innovation and flexibility in the local school system, and to provide a tuition and transportation tax credit for students who transfer from failing schools to nonfailing schools”; to the Committee on Education then Finance.

By Delegates Hamrick, Gearheart, Campbell, Howell, Shott and J. Nelson:

            H. B. 3045 – “A Bill to amend and reenact §17-22-4 of the Code of West Virginia, 1931, as amended, relating to the removal of specific statutory restrictions on outdoor advertisement”; to the Committee on the Judiciary then Finance.

By Delegates Manypenny, Fleischauer and Morgan:

            H. B. 3046 – “A Bill to amend and reenact §22-6-9, §22-6-10 and §22-6-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-6A-8, §22-6A-10 and §22-6A-11 of said code, all relating to requiring the Department of Environmental Protection to issue a procedural rule to allow surface owners a right to a hearing and appeal of a decision of the department to issue, condition or deny a permit for certain well work on the surface owner’s land”; to the Committee on the Judiciary then Finance.

By Delegates Armstead, E. Nelson, White, D. Evans, Lane, Butler, Canterbury, Householder, Espinosa, Shott and Ireland:

            H. B. 3047 – “A Bill to amend and reenact §11-13A-20a of the Code of West Virginia, 1931, as amended, relating to establishing the Tax Reduction Fund in the State Treasury; directing a portion of annual revenue attributable to the severance tax on natural gas be deposited into the Tax Reduction Fund; providing for appropriation and distribution of funds in the Tax Reduction Fund contingent upon the adoption of a constitutional amendment of the Constitution of the State of West Virginia permitting the elimination or reduction of personal property tax on inventory and equipment held for commercial or industrial use; setting forth the use of funds for the purpose of tax reduction; setting forth the distribution of funds to each county; requiring moneys directed to counties to be applied to reduce the personal property tax rate applied to certain personal property held or used for commercial or industrial use”; to the Committee on Finance.

By Delegate Howell:

            H. B. 3048 – “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-1-16 relating to authority and jurisdiction of county commissions to hear actions for ejectment and other actions in resolution of real property prescriptive easements or disputes”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Faircloth, Sobonya, Williams, Rowan, O’Neal, Arvon, Westfall and Border:

            H. B. 3049 – “A Bill to amend and reenact §16-2D-6 of the Code of West Virginia, 1931, as amended, relating to minimum criteria of certificate of need reviews; and removing the provision requiring persons or entities to demonstrate that the provision of personal care services will result in no additional burden to the state when an application is made by a hospital, nursing home or other health care facility to provide ventilator services which have not previously been provided for a nursing facility bed”; to the Committee on Health and Human Resources then Finance.

By Delegates Lawrence, Barrett and Skinner:

            H. B. 3050 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2c, relating to salary increases for teachers based on residential housing costs”; to the Committee on Education then Finance.

By Delegates Boggs and Manchin:

            H. B. 3051 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-6-42, relating to fees charged for natural gas drilling waste fluids injected into underground injection control wells; requiring record keeping; defining a term; providing criminal penalties; setting forth how the proceeds from the fees may be used; and authorizing rulemaking”; to the Committee on the Judiciary then Finance.

By Delegates Shott, McCuskey and Gearheart:

            H. B. 3052 – “A Bill to amend and reenact §11-22-1 of the Code of West Virginia, 1931, as amended, relating to exempting from excise taxation the transfer of real property from an individual to a wholly-owned subsidiary or limited liability company”; to the Committee on the Judiciary then Finance.

By Delegates Shott, Ellington and Gearheart:

            H. B. 3053 – “A Bill to amend and reenact §21A-1A-17 of the Code of West Virginia, 1931, as amended, relating to the labor-management relations act for the private sector; expanding exclusions from the term employment in that article generally”; to the Committee on the Judiciary then Finance.

By Delegates Ashley, Iaquinta and Young:

            H. B. 3054 – “A Bill to amend and reenact §30-20A-1, §30-20A-2, §30-20A-3, §30-20A-4, §30-20A-5, §30-20A-6 and §30-20A-7 of the Code of West Virginia, 1931, as amended, all relating to requiring that athletic trainers be licensed, instead of registered, by West Virginia Board of Physical Therapy”; to the Committee on Government Organization then the Judiciary.

By Delegates Perdue and Ellington:

            H. B. 3055 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; and to amend said code by adding thereto a new section, designated §33-16D-17, all relating to insurance deductibles; extending the plan year by two additional months for the purpose of calculating deductibles”; to the Committee on Health and Human Resources then Finance.

By Delegates Howell, J. Nelson, Rowan, A. Evans, Romine, R. Smith, Williams, Phillips, R. Moore, White and Marcum:

            H. B. 3056 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5 and §11-6L-6, all relating to providing a special method for valuation of certain wireless technology property for property taxes; defining terms; providing mandated salvage valuation of certain wireless businesses’ property; specifying method for valuation of certain property; requiring initial determination by county assessors of whether certain property is subject to this article; and specifying procedure for protest and appeal of determination by county assessor”; to the Committee on the Judiciary then Finance.

By Delegates Howell, Hamrick, Rowan, A. Evans, E. Nelson, Ashley, McCuskey, Hamilton, Westfall, Azinger and Hunt:

            H. B. 3057 – “A Bill to amend and reenact §17C-14-15 of the Code of West Virginia, 1931, as amended, relating to traffic safety; specifically, establishing the offense of operating a motor vehicle using a wearable computer with a head-mounted display”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates White, Ireland, Craig, R. Phillips, Anderson, Miley and Morgan:

            H. B. 3058 – “A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §11-1C-5c and §11-1C-5d, all relating to the valuation of motor vehicles for purposes of ad valorem property taxes; requiring a minimum valuation; requiring antique motor vehicles not used as a primary vehicle to be assigned an appraised value of $5,000; and providing that a reconciliation excise tax is imposed on the sale of an antique motor vehicle to recapture revenue from the sale”; to the Committee on Roads and Transportation then Finance.

By Delegates Pasdon and Caputo:

            H. B. 3059 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48, relating to requiring county boards of education to allow students with disabilities to participate in high school graduation ceremonies with their peers; prohibiting county boards from denying continued education services to students with disabilities due to participating in the graduation ceremonies; making findings; requiring the Department of Education to monitor and enforce compliance; and authorizing rule-making”; to the Committee on Education then the Judiciary.

By Delegates Boggs, Manchin and Miley:

            H. B. 3060 – “A Bill to amend and reenact §22C-9-3 and §22C-9-4 of the Code of West Virginia, 1931, as amended, all relating to authorizing the Oil and Gas Conservation Commission to regulate the horizontal deep wells”; to the Committee on the Judiciary.

By Delegate Manchin:

            H. B. 3061 – “A Bill to amend and reenact §44-10-4 of the Code of West Virginia, 1931, as amended, relating to the right of a minor to nominate a guardian; changing the law to require that a minor be sixteen years of age or older rather than the age of fourteen as required under existing law”; to the Committee on the Judiciary.

By Delegates Williams, A. Evans, Craig, Hartman and R. Phillips

            [By Request of the Department of Agriculture]:

            H. B. 3062 – “A Bill to amend and reenact §19-12A-6a of the Code of West Virginia, 1931, as amended, relating to removing the cap for collections into the land division special revenue account of the Department of Agriculture”; to the Committee on Agriculture then Finance.

By Delegate Miller:

            H. B. 3063 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4F-1, §9-4F-2, §9-4F-3, §9-4F-4, §9-4F-5, §9-4F-6, §9-4F-7, §9-4F-8, §9-4F-9, §9-4F-10 and §9-4F-11, all relating to improving program integrity for Medicaid and the Children’s Health Insurance Program by implementing waste, fraud and abuse prevention, detection and recovery; legislative intent; definitions; data verification and provider screening technology solutions; state-of-the-art clinical code editing technology; state-of-the-art predictive modeling and analytics technologies; implementation of fraud investigative services combining retrospective claims analysis and prospective waste, fraud or abuse detection; implementation of Medicaid and Children’s Health Insurance Program claims audit and recovery services; contracting with or using contractor selection process with information from the Cooperative Purchasing Network; providing contract entities with appropriate access to claims and other data; and reports required filed with the Legislature”; to the Committee on Health and Human Resources then Finance.

By Delegate Manypenny:

            H. B. 3064 – “A Bill to amend and reenact §11-1C-10 and §11-1C-11 of the Code of West Virginia, 1931, as amended, all relating to requiring owners of property with four thousand or more acres certified as managed timberland to allow the general public to use the land for certain recreational purposes for that property to maintain its preferential tax status as managed timberland; findings; and rules”; to the Committee on Natural Resources then the Judiciary.

By Delegate Manypenny:

            H. B. 3065 – “A Bill to transfer land located in the Western District, Taylor County, West Virginia, from the State of West Virginia to the Taylor County Commission for the use and benefit of the county commission for the purpose of developing a youth recreational complex”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Miley and Manchin:

            H. B. 3066 – “A Bill to amend and reenact §17C-14-15 of the code of West Virginia, 1931, as amended, relating to traffic regulations, laws of the road; miscellaneous rules; and prohibiting the denial of insurance coverage based on the prohibited use of electronic communications devices while driving”; to the Committee on the Judiciary.

By Delegates Manchin, Shott, Sponaugle, Fleischauer, Walters, Caputo, Longstreth and Ellem:

            H. B. 3067 – “A Bill to amend and reenact §55-2-21 of the Code of West Virginia, 1931, as amended, relating to limitations of actions and suits; and reducing the number of defendants named in the beginning of a lawsuit by tolling the statute of limitations against all tortfeasors upon filing direct claims against tortfeasors”; to the Committee on the Judiciary.

By Delegates Craig, Hunt, Marcum, R. Phillips and Williams:

            H. B. 3068 – “A Bill to amend and reenact §11-6F-1 and §11-6F-2 of the Code of West Virginia, 1931, as amended, all relating to expanding the property appraisal provisions of this article to include qualified capital additions to coal production facilities”; to the Committee on the Judiciary then Finance.

By Delegates Miley, Manchin, Hunt, Poore, Sponaugle, Skinner, Ellem and Lane

            [By Request of the Supreme Court of Appeals]:

            H. B. 3069 – “A Bill to amend and reenact §23-5-16 of the Code of West Virginia, 1931, as amended, relating to access to justice; providing that attorney fees may be awarded in workers’ compensation medical treatment cases; and providing fee limits”; to the Committee on the Judiciary then Finance.

By Delegates Swartzmiller, Barill, Perry, Ferro, Perdue, Diserio and Storch:

            H. B. 3070 – “A Bill to amend and reenact §50-3-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-11 of said code, all relating to bail bond surcharge, providing for collection of a surcharge deposited to the General County Revenue Fund, and designating this surcharge to be used to offset regional jail costs”; to the Committee on the Judiciary then Finance.

By Delegates Pino and Perry:

            H. B. 3071 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-11-22a, relating to civil penalties and civil administrative penalties for violations of the Water Pollution Control Act”; to the Committee on the Judiciary then Finance.

By Delegates Hunt, Marcum, R. Phillips and Williams:

            H. B. 3072 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2, §11-13DD-3, §11-13DD-4 and §11-13DD-5, all relating to providing a tax credit to coal producers who sell coal to taxpayers who increase their consumption of West Virginia coal in this state for the purpose of increasing coal production and coal related employment in West Virginia”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.

By Delegates Ellington, Canterbury, R. Smith, Arvon, Border, Frich, Shott, Gearheart, Azinger and A. Evans:

            H. B. 3073 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-44-14, relating to creating the ‘Health Care Choice Act’; and enabling insurers authorized to sell insurance coverage in selected states to engage in the business of insurance in West Virginia”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Butler, Householder and Ellington:

            H. B. 3074 – “A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to serious traffic offenses; driving under the influence of alcohol, controlled substances or drugs; increasing the criminal penalties; and providing that the changes may be cited as ‘Andrea’s Law’”; to the Committee on the Judiciary then Finance.

By Delegates E. Nelson, Storch, Ferns, Diserio, D. Evans, Ferro, Jones, Swartzmiller, Miley and Morgan:

            H. B. 3075 – “A Bill to amend and reenact §22-15A-22 of the Code of West Virginia, 1931, as amended, relating to permitting the disposal of drill cuttings and associated drilling mud generated from well sites in solid waste landfills, even if the disposal pushes the landfill above its maximum monthly permitted limits; providing that those facilities may only be allowed to exceed permitted tonnage limits by a maximum of forty percent of waste comprised solely of drill cuttings and associated drilling mud; and prohibiting a solid waste facility from refusing to take municipal solid waste until it has reached its monthly permitted limit”; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.

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. 50, Requesting the Joint Committee on Government and Finance to schedule the June 2013 Legislative Interim Committee meetings in Wheeling during the week of June 20,

            H. C. R. 73, The “Nancy E. May Memorial Bridge”,

            H. C. R. 74, The “USMC LCpl. David Lee Powell Memorial Bridge”,

            H. C. R. 78, The “Louis J. ‘Zeke’ Trupo Bridge”,

            And,

            H. C. R. 87, Requesting the Division of Highways to erect signs at the Tyler County line that read “Home of the 2011 FFA Land Judging and Homesite Evaluation National Champions”.

            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 S. B. 359, Relating generally to reforming public education; on third reading, coming up in regular order, was read a third time.

            Delegates Armstead, Lawrence and Boggs requested to be excused from voting on the passage of Com. Sub. for S. B. 359 under the provisions of House Rule 49.

            The Speaker replied that the Delegates were members 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 Members from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 51), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting and paired being as follows:

            Nays: Gearheart and Kump.

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

            Pursuant to House Rule 43, the following pairs were filed and announced by the Clerk:

                        Paired:

                        Moore (Yea)               Gearheart (Nay)

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 359) passed.

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

            Delegate Kump addressed the House regarding S. B. 359, and at the conclusion thereof, Delegate Faircloth asked and obtained unanimous consent that such remarks be printed in the Appendix to the Journal.

            Com. Sub. for H. B. 2124, Creating new code sections which separate the executive departments; 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. 52), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Fragale, Gearheart and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2124) 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. 2360, Relating to public school support computation of local share; 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. 53), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Gearheart.

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

            Pursuant to House Rule 43, the following pairs were filed and announced by the Clerk:

                        Moore (Yea)               Gearheart (Nay)

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2360) passed.

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

            On this question, the yeas and nays were taken (Roll No. 54), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Gearheart.

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

            Pursuant to House Rule 43, the following pairs were filed and announced by the Clerk:

                        Moore (Yea)               Gearheart (Nay)

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2360) 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.

            H. B. 2508, Changing the capital investment threshold amount; 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. 55), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Kump.

            Absent and Not Voting: Andes, Fragale, Gearheart and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2508) passed.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill as follows:

            H. B. 2508 - “A Bill to amend and reenact §7-22-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-38-7 of said code, all relating to the amount of capital investment required as a prerequisite to approval of an economic opportunity development district project; increasing the capital investment threshold amount from more than $25 million to more than $75 million for development expenditures proposed to be made in county economic opportunity development districts and in municipal economic opportunity development districts in the first twenty-four months following their creation; and increasing the capital investment threshold amount from more than $25 million to more than $75 million for development expenditures in a project involving remediation to be made in county economic opportunity development districts and in municipal economic opportunity development districts in the first forty-eight months following their creation.”

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

            On this question, the yeas and nays were taken (Roll No. 56), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Kump.

            Absent and Not Voting: Andes, Fragale, Gearheart 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. 2508) 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.

            Com. Sub. for H. B. 2514, Lowering the total amount of tax credits available under the Film Industry Investment Act; 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. 57), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Fragale, Gearheart and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2514) passed.

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

            H. B. 2516, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act; 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. 58), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Fragale, Gearheart and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2516) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 59), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Fragale, Gearheart 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. 2516) takes effect from its passage.

            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. 2534, Relating to the regulation of pawn brokers; 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. 60), and there were--yeas 83, nays 13, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Arvon, Butler, Cadle, D. Evans, Folk, Frich, Householder, Howell, Hunt, Ireland, Kump, J. Nelson and R. Smith.

            Absent and Not Voting: Andes, Fragale, Gearheart and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2534) passed.

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

            H. B. 2784, Relating to the Deputy Sheriff Retirement System Act; 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. 61), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Fragale, Gearheart and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2784) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

            H. B. 2784 - “A Bill to amend and reenact §7-14D-2, §7-14D-7, §7-14D-9, §7-14D-16 and §7-14D-19 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §7-14D-7a, all relating to the Deputy Sheriff Retirement System Act; defining member, retire and retirement; providing for the correction of errors; providing that an estimation of benefits is provided prior to the submission of a retirement application from a member; and providing for recertification of disability.”

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

            H. B. 2814, Relating to human trafficking; 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. 62), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Fragale, Gearheart and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2814) 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. 2848, Providing the process for requesting a refund after forfeiture of rights to a tax deed; 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. 63), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Fragale, Gearheart and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2848) 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. 2858, Relating generally to consumer rate relief bonds; 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. 64), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Fragale, Gearheart and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2858) passed.

            Delegate Boggs moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 65), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Fragale, Gearheart 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 (Com. Sub. for H. B. 2858) takes effect from its passage.

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

            H. B. 2933, Providing notification to a prosecuting attorney of an offender’s parole hearing and release; on third reading, coming up in regular order, was read a third time.

            Delegate Marcum requested to be excused from voting on the passage of H. B. 2933 under the provisions of House Rule 49.

            The Speaker replied that the Delegate 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. 66), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Fragale, Gearheart and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2933) passed.

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

Second ReadingH. B. 2463, Repealing the article that permits the sterilization of persons deemed to be mentally incompetent; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            Com. Sub. for H. B. 2583, Establishing a regulatory system for sexual assault forensic examinations,

            Com. Sub. for H. B. 2590, Creating a public nonprofit corporation and governmental instrumentality to collectively address several environmental and economic development programs,

            And,

            Com. Sub. for H. B. 2733, Relating to hearings before the Office of Administrative Hearings.

Leaves of Absence

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

Remarks by Members

            Delegates Armstead, Cowles, Ellington, Espinosa, Faircloth and McCuskey addressed the House regarding S. B. 359, and at the conclusion thereof, Delegate Lane asked and obtained unanimous consent that such remarks be printed in the Appendix to the Journal.

            Delegates Caputo, Boggs, M. Poling and Stowers also addressed the House regarding S. B. 359, and at the conclusion thereof, Delegate Caputo asked and obtained unanimous consent that such remarks be printed in the Appendix to the Journal.

            Delegate Armstead asked and obtained unanimous consent that the remarks of Delegate J. Nelson concerning his upcoming deployment with the National Guard be printed in the Appendix to the Journal.

            Delegate Ashley asked and obtained unanimous consent that the remarks of Delegate Ireland regarding lawyers be printed in the Appendix to the Journal.

            At 1:03 p.m., the House of Delegates adjourned until 11:00 a.m., March 25, 2013.

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