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House Journal


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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

colorseal.jpg



__________*__________



 

Thursday, March 28, 2013

FORTY-FOURTH DAY

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

 

 

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Rick Thompson, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Wednesday, March 27, 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 Guthrie, Perdue, Marshall, Poore, L. Phillips, Reynolds, D. Poling, Iaquinta, Craig and Skaff offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 105 - “Requesting the Joint Committee on Government and Finance study the necessity of hiring additional fraud investigators for the Department of Health and Human Resources and the Medicaid Fraud Control Unit and where those investigators should be located.”

            Whereas, The Legislature desires to provide the citizens of this state with cost controls and reviews of tax expenditures; and

            Whereas, A need exists to analyze the benefits of having additional fraud investigators within the Office of Inspector General for the purpose of conducting and supervising investigations for the programs of the Department of Health and Human Resources and the Medicaid Fraud Control Unit; and

            Whereas, A need exists to determine where those fraud investigators should be located and how many investigators should be assigned to each location; and

            Whereas, The Legislature needs to examine the effect of additional fraud investigators at different locations, taxpayer spending and potential taxpayer savings; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the necessity of hiring additional fraud investigators for the Department of Health and Human Resources and the Medicaid Fraud Control Unit and where those investigators should be located; 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 Walters, Andes, Craig, R. Smith, Moye, Faircloth, Cadle, E. Nelson, Sobonya, Mr. Speaker, Mr. Thompson, Ambler, Anderson, Armstead, Arvon, Ashley, Azinger, Barill, Barrett, Boggs, Border, Butler, Campbell, Canterbury, Caputo, Cooper, Diserio, Eldridge, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Ferns, Ferro, Fleischauer, Folk, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hartman, Householder, Hunt, Iaquinta, Ireland, Jones, Kump, Lane, Lawrence, Longstreth, Lynch, Manchin, Marcum, Marshall, Miley, Miller, Moore, Morgan, J. Nelson, O’Neal, Overington, Pasdon, Paxton, Perdue, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Raines, Reynolds, Romine, Rowan, Shott, Skaff, Skinner, P. Smith, Sponaugle, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Tomblin, Walker, Wells, Westfall, White, Williams and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 106 - “Requesting the Division of Highways to place and maintain markers at a trail of specific sites in West Virginia representing the locations photographed by O. Winston Link to highlight and celebrate the Norfolk and Western Railroad steam engine heritage in West Virginia and to name the trail of sites the ‘O. Winston Link Trail’.”

            Whereas, In the early 1890’s, the Norfolk and Western Railroad (“N&W”) started its most ambitious project, a 191-mile route of wood and steel, winding its way through the wilds of West Virginia and involving fifteen contractors, five thousand men and a multitude of mules, oxen and horses; and

            Whereas, On September 22, 1892, the one hundred ninety-one mile route, which began at two ends, one at Bluefield and, the other, at Kenova along the Ohio River, was joined at four o’clock p.m. near Hatfield, West Virginia; and

            Whereas, Several members of the Hatfield family held timber contracts to supply crossties for the N&W’s roadbed on the southern tracks of the one hundred ninety one-mile route which was joined near Hatfield; and

            Whereas, With the opening of this rail line, N&W turned its energies to developing coal traffic; and

            Whereas, Hauling coal was one of Norfolk & Western’s main jobs, and, quoting from the text of a book containing photographs of O. Winston Link, “It has been said that Norfolk & Western could abandon every mile of track except for that between Bluefield and Kenova and still turn a profit”; and

            Whereas, Since coal is such a heavy commodity, the main lines laid in West Virginia were much heavier than the industry average containing fifteen inches of limestone with rail weighing one hundred thirty-one pounds per yard in that anything less, when transporting West Virginia coal, wouldn’t wear on the curves; and

            Whereas, Norfolk & Western also ran passenger trains through West Virginia including one running through Welch, the finest of N&W’s passenger fleet, recognized by many as “America’s Finest Train”, named the Powhatan Arrow, known locally as the “Powtan”; and

            Whereas, Generations of West Virginia families and entire West Virginia families worked for the Norfolk and Western Railroad including, for example, six brothers of Peterstown, West Virginia, the “Spangler Brothers”; and

            Whereas, The Norfolk & Western was much more than just a railroad in the coal camps of West Virginia but were part and parcel of daily lives, as much a part of day-to-day life as saying grace and “I hear Number Four blowin’, girls, better finish your breakfast, and get on off to school”; and

            Whereas, Unspoken communication existed between train crews and those who lived along the tracks in the hills of West Virginia, whether it be a wave from a friendly engineer or two flicks of a porch light answered by a playful whistle; and

            Whereas, West Virginians and train crews took care of each other; and

            Whereas, Train crews left lineside phone boxes unlocked so that inhabitants of isolated areas would have access to communication in emergencies; and

            Whereas, Appalachians residing by tracks alerted the train crews to unnoticed problems on the train: a rubbing of hands to communicate a stuck brake, a holding of the nose to alert to a hot box; and

            Whereas, Norfolk & Western was a good neighbor in the region it served which included, in addition to West Virginia, Maryland, Virginia, N. Carolina, Kentucky and Ohio, promoting the area as “The Land of Plenty” with huge potential for industry and growth; and

            Whereas, In most counties along its route, the Norfolk & Western was the largest taxpayer; and

            Whereas, Prior to the N&W, Bluefield was an azure-flowered meadow and Williamson, a patch of corn; and

            Whereas, During the Norfolk & Western’s steam engine history in West Virginia, the railways maintained the largest coal marshalling yards in the world, a roundhouse and supporting shop facilities at Williamson, West Virginia, described in the book containing O. Winston Link’s photographs as “Williamson. Dirty, filthy, gritty, Norfolk & Western born and bred, Williamson. Now there was a railroad town”; and

            Whereas, In Williamson, a railroader received as much respect as a judge, minister or doctor; and

            Whereas, In 1949, N&W bore seven thousand fifty-two feet through Elkhorn Mountain, in Hardy County, West Virginia, which was, at the time, the longest double track tunnel in the world; and

            Whereas, Photographer O. Winston Link developed a passion for the rail road and, specifically, for the steam engine powered locomotive, which, by the late 1950’s, was rapidly disappearing from the American scene; the days of using fire and heat water as a method of moving trains was quickly coming to a close; and

            Whereas, In the mid-1950’s, O. Winston Link met with the ’President of Norfolk & Western, R. H. Smith, for final approval of a photography project that would capture the nocturnal drama of steam railroading; and

            Whereas, O. Winston Link rode vestibules of trains all over the railroad, plotting locations and taking notes, knowing that time was of the essence for the last stronghold of steam power, southern West Virginia, was about to receive its first diesels; and

            Whereas, O. Winston Link memorialized, in his photography, several sites in West Virginia where the steam powered railroad cars once traveled frequently; and

            Whereas, The sites memorialized by O. Winston Link include the Swimming pool at Camp Joy at Ada, West Virginia; the Locomotive Facility at Bluefield, West Virginia; Main Street at North Fork, West Virginia; the Drive-In at Iaeger, West Virginia; the Station at Panther, West Virginia; the Swimming Pool at Welch, West Virginia; the Cavalier leaving town at Williamson, West Virginia; the Mingo Tunnel at Williamson, West Virginia; the Massey Mine at Gilbert, West Virginia; and the Pigeon Creek Shifter at Kermit, West Virginia; and

            Whereas, In light of Norfolk & Western’s significant contributions to West Virginia and O. Winston Link’s passionate, skillful and dedicated acts to preserve this history which looms large in West Virginia’s progress, it is fitting that a trail way of sites photographed of the great steam engine stations and sites be marked, identified and collectively called the O. Winston Link Trail; therefore, be it

            Resolved by the Legislature of West Virginia:

            That there is hereby established the O. Winston Link Trail, a heritage trail of sites photographed by O. Winston Link, to highlight and celebrate West Virginia’s railroad heritage; and, be it

            Further Resolved, That the O. Winston Link Trail consist of the following sites: Swimming Pool at Camp Joy at Ada, West Virginia; the Locomotive Facility at Bluefield, West Virginia; Main Street at North Fork, West Virginia; the Drive-In at Iaeger, West Virginia; the Station at Panther, West Virginia; the Swimming Pool at Welch, West Virginia; the Cavalier Leaving Town at Williamson, West Virginia; the Mingo Tunnel at Williamson, West Virginia; the Massey Mine at Gilbert, West Virginia; and the Pigeon Creek Shifter at Kermit, West Virginia; and, be it

            Further Resolved, That the Division of Highways is requested to place and maintain appropriate markers directing travelers to each of these sites; and, be it

            Further Resolved, That the Division of Highways will place signs, in bold and prominent lettering, at both the beginnings and ends of the trail, the “O. Winston Link Trail”; 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 a copy to the O. Winston Link Museum in Roanoke, Virginia.

            Delegates Reynolds, Mr. Speaker, Mr. Thompson, Barill, Barrett, Boggs, Campbell, Caputo, Craig, Diserio, Eldridge, Ferns, Ferro, Fleischauer, Guthrie, Hartman, Hunt, Iaquinta, Jones, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marcum, Marshall, Miley, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Skaff, Skinner, P. Smith, Sponaugle, Staggers, Stephens, Stowers, Swartzmiller, Tomblin, Walker, Wells, White, Williams and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 107 - “Expressing support for the President’s proposal to increase the minimum wage to $9 per hour from $7.25 per hour.”

            Whereas, When the federal minimum wage was signed into law in 1938 by President Franklin Roosevelt, its stated purpose was to keep America’s workers out of poverty, and increase consumer purchasing power in order to stimulate the economy; and

            Whereas, The current federal minimum wage level has not been raised since 2009; and

            Whereas, There is no regular cost-of-living-adjustment for federal minimum wage and because of inflation a dollar today isn’t worth what it used to be; and

            Whereas, The total rate of inflation between 2009 and 2013 has been 7.3 percent; and

            Whereas, In 1968 the federal minimum wage was $1.60 per hour, which would be approximately $10.27 in today’s dollars; and

            Whereas, An increase in the minimum wage would boost the wages of an estimated fifteen million low-income workers; and

            Whereas, In the wealthiest nation on earth, no one who works full time should have to live in poverty; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the West Virginia Legislature calls on the United States Congress to enact President Obama’s proposed minimum wage increase to $9 per hour; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the United States Congress.

            Delegate Perdue, Mr. Speaker, Mr. Thompson, Ambler, Anderson, Barrett, Border, Cowles, Craig, Diserio, Eldridge, Ellington, Ferro, Manchin, Marcum, Moore, Moye, Paxton, Perry, Pethtel, L. Phillips, Pino, D. Poling, M. Poling, Raines, Rowan, Skinner, P. Smith, Walker, White and Williams offered the following resolution, which was read by the Clerk as follows:

            H. R. 29 - “Designating March 28, 2013, as ‘WV Kids at-Risk Day’ at the Legislature.”

            Whereas, The State of West Virginia and the West Virginia Child Care Association (‘WVCCA’) have some of the best child welfare professionals and agencies in the country; and

            Whereas, These child welfare professionals and agencies have dedicated their time to making life better for West Virginia’s children who are at-risk; and

            Whereas, These West Virginia professionals and agencies have a compassion that never ends, a hope for a better tomorrow and a dedication to their efforts through the long haul; and

            Whereas, These West Virginia professionals and agencies work with West Virginia’s child welfare stakeholders to eliminate policy barriers and day-to-day practices that reduce the effective utilization of in-state resources ; and

            Whereas, Our State’s child welfare professionals and agencies do everything possible to provide opportunities for West Virginia’s kids at risk to receive care in West Virginia where they can remain in their communities, with their families and connected to their support systems; and

            Whereas, These professionals and agencies are regulated by the State of West Virginia through legislation and by oversight of the West Virginia Department of Health and Human Resources and West Virginia Department of Education; and

            Whereas, Our State’s stringent licensing requirements and standards of care ensure that children at risk in West Virginia are receiving the best quality of care; and

            Whereas, By using West Virginia child welfare professionals and agencies our State is doing what is best for WV’s kids at risk, and their families; and

            Whereas, These West Virginia child care professionals and agencies advocate for and deliver services and support to provide for the safety, well-being and opportunity for kids-at-risk to achieve their hopes and dreams; and

            Whereas, These professionals and agencies provide family driven, youth guided, culturally competent and trauma informed care for the citizens of West Virginia; and

            Whereas, The West Virginia professionals who care for the at- risk children in our State and the organizations that exist to impact the lives of these children and their families, provide quality care in the kids’ and families’ communities; and

            Whereas, This quality care is provided in a variety of settings including community agencies, hospitals, residential group homes, foster families, emergency shelters, community and educational institutions and seeks to provide resources and guidance that promotes the safety, well-being and permanency of West Virginia’s at-risk kids; and

            Whereas, West Virginia’s child welfare providers dedicate themselves to excellence in their profession through licensing, advocacy, education and professional development; and

            Whereas, The West Virginia House of Delegates recognizes and appreciates the outstanding dedication, devotion and care of West Virginia’s child welfare professionals and agencies and of the West Virginia Child Care Association for their caring, commitment and for making a difference in the lives of at-risk children in the State of West Virginia, their families and communities; therefore, be it

            Resolved by the House of Delegates of West Virginia:

            That the House hereby designates March 28, 2013, as “WV Kids at-Risk Day” at the Legislature; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to all the appropriate officials including those representing the West Virginia Child Care Association.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 29) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Committee Reports

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

            Your Committee on Rules has had under consideration:

            H. C. R. 49, The “Delegate Larry Border Memorial Bridge”,

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

            Com. Sub. for H. C. R. 49 – “Requesting the Division of Highways to rename the new South Mineral Wells bridge, bridge number 54.14-6.93, over Tygart Creek on County 54, Route 14, near Mineral Wells, Wood County, the ‘Larry W. Border Memorial Bridge’,”

            With the recommendation that the committee substitute be adopted.

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

            Your Committee on Rules has had under consideration:

            S. C. R. 8, Requesting DOH name portion of Route 38 in Fayette County “Sizemore Moran Veterans Memorial Road”,

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

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2776, Increasing certain filing fees in certain civil actions,

            And,

            H. B. 2840, Relating to valuation and assessment of property for ad valorem property taxation,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2776 and H. B. 2840) were each referred to the Committee on Finance.

            Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:

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

            H. B. 3055, Requiring an extended deductible period for insurance equal to the plan year plus two additional months.

            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. 3055) was referred to the Committee on Finance.

            Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:

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

            H. B. 3108, Relating generally to nursing homes,

            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. 3108) was referred to the Committee on the Judiciary.

Messages from the Senate

            A message from the Senate, by

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

            S. B. 10 - “A Bill to amend and reenact §30-3-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-4-21 of said code; and to amend and reenact §30-14-12a of said code, all relating to the Board of Medicine, Board of Dental Examiners and the Board of Osteopathy; and permitting the boards to independently initiate disciplinary proceedings in certain”; which was referred to the Committee on Government Organization then the Judiciary .

            A message from the Senate, by

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

            Com. Sub. for S. B. 80 - “A Bill to amend and reenact §18-5-32 of the Code of West Virginia, 1931, as amended, relating to including substitute teaching in the job duties of certain professional educators employed by county boards of education in certain administrative and supervisory”; which was referred to the Committee on Education.

            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. 243 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; 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 with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; 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 and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to covered electronic devices recycling; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste administrative proceedings and civil penalty assessment; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to horizontal well development; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements for operating permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to water pollution control permit fee schedules; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES regulations for coal mining facilities”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 265 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; 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 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; 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 Health and Human Resources to promulgate a legislative rule relating to reportable diseases, events and conditions; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to general sanitation; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to Grade A pasturized milk; authorizing the Department of Health and Human Resources to promulgate a Legislative rule relating to fees for services; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the regulation of opioid treatment programs; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to pulse oximetry newborn testing; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the regulation of opioid treatment programs; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to chronic pain management clinic licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults in West Virginia; authorizing the Health Care Authority to promulgate a legislative rule relating to the West Virginia Health Information Network; and authorizing the Bureau of Senior Services to promulgate a legislative rule relating to the in-home care worker registry”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 384 - “A Bill to amend and reenact §49-5-2 of the Code of West Virginia, 1931, as amended, relating to juvenile proceedings; increasing the number of certified legal education credits required to serve as a court-appointed attorney in juvenile cases; and providing for appointment of an attorney where no attorney who has completed the credits is available”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            S. B. 429 - “A Bill to amend and reenact §16-5O-2 of the Code of West Virginia, 1931, as amended, relating to removing an adult family care home from the definition of a ‘facility’ for the purposes of the Medication Administration by Unlicensed Personnel Act”; which was referred to the Committee on Health and Human Resources then the Judiciary.

            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. 469 - “A Bill to amend and reenact §5-10-14 and §5-10-18 of the Code of West Virginia, 1931, as amended, all relating to service credit; retroactive service credit; and reinstatement interest in the Public Employees Retirement System”; which was referred to the Committee on Pensions and Retirement then 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. 570 - “A Bill to repeal §3-1-10 of the Code of West Virginia, 1931, as amended; and 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, §3-1-42 and §3-1-49 of said code, all relating to clarifying language in article one, chapter three of the West Virginia Code; updating, removing or repealing outdated language; adjusting absentee ballot delivery requirement to meet federal and state code; adjusting certain provisions regarding disorder at polls; and clarifying that the Office of the Secretary of State shall hold a certain election training once every two years”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            S. B. 658 - “A Bill to extend the time for the city council of the city of Madison, Boone County, to meet as a levying body for the purpose of presenting to the voters of the city an election to supplement current funds for the city police department, the city street department, recreation and for general government and for the purpose of paying all costs incurred in the laying of this additional levy from between March 7 and March 28 and the third Tuesday in April until May 31, 2013”; which was referred to the Committee on Political Subdivisions then Government Organization.

Motions

            Pursuant to House Rule 82, Delegate Ellington moved that the Committee on the Judiciary be discharged from further consideration of H. B. 2527, Creating a drug testing program for applicants and recipients of temporary assistance for needy families cash benefits.

            Delegate Boggs moved that the motion to Discharge lie over, and on this motion, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 91), and there were--yeas 52, nays 46, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: Fragale and Marshall.

             So, a majority of the members present and voting having voted in the affirmative, the motion prevailed. Action on the motion to Discharge will lie over as Unfinished Business.

Unfinished Business

            H. R. 9, Calling upon the United States Congress to propose a constitutional amendment overturning the Supreme Court’s United v. Federal Election Commission ruling and related cases; coming up in regular order, as unfinished business, was reported by the Clerk.

            On motion of Delegate Armstead the resolution was amended on page two, line sixteen, following the word “corporations”, by inserting the words “and unions”.

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

            The yeas and nays having been ordered, they were taken (Roll No. 92), and there were--yeas 60, nays 39, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Cooper, Cowles, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Raines, Romine, Rowan, Shott, R. Smith, Storch, Sumner and Walters.

            Absent and Not Voting: Fragale.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 9) adopted.

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

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

            H. C. R. 92, The “Army Corporal Randell Maynard Bridge”,

            H. C. R. 96, The “Army Sgt. Paul Witman Carroll Memorial Bridge”,

            And,

            S. C. R. 14, Requesting DOH name portion of State Route 20 in Upshur County “Thomas B. Dunn Memorial Highway”.

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

Third ReadingCom. Sub. for H. B. 2108, Making the offense of failure to wear safety belts a primary offense; 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. 93), and there were--yeas 55, nays 44, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Ashley, Barrett, Border, Butler, Cadle, Canterbury, Caputo, Espinosa, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Kump, Lane, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marcum, Marshall, Miller, Moore, J. Nelson, Overington, R. Phillips, Poore, Shott, Skinner, R. Smith, Sobonya, Sponaugle, Tomblin, Walters, Westfall, White, Williams and Young.

            Absent and Not Voting: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2108) 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. 2519, Relating to reallocation and repatriation of certain funds to the General Revenue Fund; 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. 94), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2519) passed.

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

            On this question, the yeas and nays were taken (Roll No. 95), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale and Romine.

            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. 2519) 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. 2913, Specifying procedures for adjusting payments to correct for an erroneous distribution of moneys dedicated, distributed or directed to a state or local governmental subdivision; 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. 96), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2913) 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. 3158, Relating to legislative oversight of education system performance and progress; 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. 97), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: Fragale.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3158) passed.

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

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

            Com. Sub. for H. B. 2521, Relating to the West Virginia Contraband Forfeiture Act,

            Com. Sub. for H. B. 2563, Reducing the daily administrative time required of school counselors and increasing the time actually spent in counseling at-risk students,

            Com. Sub. for H. B. 2626, Authorizing the Department of Military Affairs and Public Safety to promulgate Legislative Rules,

            Com. Sub. for H. B. 2754, Relating to further defining a retailer engaging in business in this state for purposes of sales and use taxes,

            Com. Sub. for H. B. 2778, Defining alternative nicotine products and electronic cigarettes,

            H. B. 2851, Establishing a one time audit cost amnesty program for local governments with delinquent audit costs,

            Com. Sub. for H. B. 2923, Relating to directors of state-chartered banking institutions ,

            H. B. 2956, Relating to resident brewers and brewpubs,

            And,

            Com. Sub. for H. B. 3003, Facilitating compliance with the Tobacco Master Settlement Agreement.

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. 2512, Reforming the state Medicaid subrogation statute,

            Com. Sub. for H. B. 2531, Relating to the practice of speech-language pathology and audiology,

            Com. Sub. for H. B. 2550, Adding criminal offense of receiving materials depicting minors in sexually explicit conduct,

            Com. Sub. for H. B. 2571, Relating to who may serve as members of the environmental quality board,

            Com. Sub. for H. B. 2759, Relating to standards for emergency medical service personnel,

            Com. Sub. for H. B. 2766, Creating the “West Virginia Winner” program,

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

            Com. Sub. for H. B. 2940, Relating to regional meetings among certain officials of county boards of education,

            Com. Sub. for H. B. 2966, Relating to employment and privacy protection,

            Com. Sub. for H. B. 3086, Relating to juvenile services and criminal justice institutions,

            H. B. 3104, Authorizing certain legislative rules regarding higher education,

            And,

            H. B. 3159, Granting exceptions from certain compulsory attendance statutes to the Monroe and Nicholas County school systems.

Remarks by Members

            Delegate Manypenny asked and obtained unanimous consent that the remarks of Delegate Fleischauer on yesterday regarding H. B. 2856, Prohibiting discrimination based upon age or sexual orientation, be printed in the Appendix to the Journal.

            Delegate Fleischauer asked and obtained unanimous consent that the remarks of Delegate Manypenny on yesterday regarding Marcellus Shell, be printed in the Appendix to the Journal.

            Delegate Kump addressed the House regarding Com. Sub. for H. B. 2108, Making the offense of failure to wear safety belts a primary offense, and at the conclusion thereof, Delegate Frich asked and obtained unanimous consent that such remarks be printed in the Appendix to the Journal.

            At 1:11 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.

* * * * * * *

Evening Session

* * * * * * *

            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 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. 2606, Permitting the State Rail Authority to set the salary of the executive director,

            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. 2606) 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. 3028, Expanding the number of hours temporary state personnel may work in a calendar year, 

            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. 3028) was referred 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. 2470, Relating to sign support specialist or an educational sign language interpreter in the education of exceptional children, 

            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. 2470) was referred to the Committee on Finance.

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

By Delegates Walker, Stowers, Barill, Cooper, Campbell, Lawrence, Young, Tomblin, Hamrick, Espinosa and Westfall:

            H. B. 3160 - “A Bill to amend and reenact §18-5-11 of the code of West Virginia, 1931, as amended; to further amend said code by adding thereto a new section, designated §18-5-11a; and to further amend said code by adding thereto a new section, designated §18-5A-2a; all relating to joint establishment, maintenance and operation of school by two or more adjoining counties; requiring formal agreement for apportionment of acquisition costs; providing for operating costs; providing net enrollment adjustment for certain costs; providing for joint governing partnership board pilot initiative; making findings with respect to pilot initiative and purpose; establishing limitation and condition; providing features of partnership board; authorizing adoption of separate and requests of waivers; providing for modifications to local school improvement council membership for jointly established school; providing for modifications to local school improvement council membership for jointly attended school under certain conditions; and aligning authority of improvement council for proposing alternatives and requesting waivers”.

            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. 2866, Providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet,

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

            Com. Sub. for H. B. 2866 - “A Bill to amend and reenact §20-2-58 of the Code of West Virginia, 1931, as amended, relating to the prohibited discharge of firearms in proximity to buildings, public roads and crowds; providing a limited and conditional exception to allow a resident of a dwelling house, and his or her authorized guest, to discharge a firearm in a lawful manner within five hundred feet of the dwelling house where the resident lives, subject to certain conditions; conditions giving rise to exception; increasing the distance between where a person is permitted to discharge a firearm in relation to a school or church; and establishing misdemeanor criminal penalties for violations,”

            H. B. 2938, Establishing fair trade practices for court reporters,

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

            Com. Sub. for H. B. 2938 –- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto five new sections, designated §47-25-1, §47-25-2, §47-25-3, §47-25-4 and §47-25-5, all relating to the establishment of standards for court reporters and entities that provide court reporting services; providing certain conduct by court reporters and persons utilizing court reporters; establishing transcript format standards; exempting certain reporters and reporting services; authorizing disclosure of certain information on certain practices; and creating civil penalties for violations of this article; and creating right to treble damages,”

            And,

            H. B. 3135, Relating generally to voting system certification and procedures at the central counting center,

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

            Com. Sub. for H. B. 3135 - “A Bill to amend and reenact §3-4A-2, §3-4A-8, §3-4A-23 and §3-4A-27 of the Code of West Virginia, 1931, as amended, all relating generally to electronic voting systems; updating and clarifying the definitions related to electronic voting systems; updating language related to approval of electronic voting systems; correcting internal references; updating and clarifying language related to proceedings at the central counting center,”

            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. 2727, Relating to the school aid formula,

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

            Com. Sub. for H. B. 2727 - “A Bill to amend and reenact §18-9A-7 and §18-9A-8a of the code of West Virginia, 1931, as amended, all relating to the school aid formula generally; adjusting the foundation school program allowance for transportation costs by restricting the ten percent additional percentage allowance for alternative fuel vehicles to school buses using compressed natural gas; providing for phased reduction of additional percentage for bio-diesel as an alternative fuel; and adjusting the foundation allowance by reducing the maximum allocation for regional education service agencies,”

            And,

            H. B. 2979, Relating to broadband deployment projects,

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

            Com. Sub. for H. B. 2979 - “A Bill to amend and reenact §31-15C-2, §31-15C-4, §31-15C-8, §31-15C-9 and §31-15C-10 of the Code of West Virginia, 1931, as amended, all relating to the actions of the broadband deployment council generally; modifying the minimum data rates and other components of the definition of the terms ‘broadband’ and ‘broadband service’; modifying and adding other definitions; requiring annual reports to the Legislature; providing that the 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 service’ and ‘broadband’ before being approved; revising the criteria for funding assistance applications; modifying the application process for project assistance; and revising notice and publication requirements,”

            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. 2716, Relating to the West Virginia Fairness in Competitive Bidding Act,

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

            Com. Sub. for H. B. 2716 - “A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Fairness in Competitive Bidding Act; defining ‘state spending units’; lowering the threshold amount from $500,000 to $250,000 for triggering a low bidder’s duty to submit a list of subcontractors on state spending unit contracts; and to further modify reporting for the subcontractor list,”

            And,

            H. B. 3145, Removing the existing maximum quantities of beer that retailers can sell for off premises,

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

            Com. Sub. for H. B. 3145 - “A Bill to amend and reenact §11-16-9 of the Code of West Virginia, 1931, as amended, relating to sales of nonintoxicating beer; and removing the existing maximum quantities of beer that retailers can sell for off premises consumption,”

            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. 2954, Requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature,

            And,

            H. B. 3043, Including methane monitoring equipment as eligible safety equipment for tax credit purposes,

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

Leaves of Absence

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

            At 5:08 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 29, 2013.

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