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House Journal


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

 

Eighty-first Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Tuesday, April 2, 2013

FORTY-NINTH DAY

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

 

 

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

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

            The Clerk proceeded to read the Journal of Monday, April 1, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

            Your Committee on the Judiciary has had under consideration:

            S. B. 383, Authorizing family court judges appoint counsel in certain contempt cases,

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

            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:

            S. B. 412, Relating to removal of elected county conservation district supervisors from office,

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

            Delegate Morgan, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            S. B. 10, Permitting independent initiation of disciplinary proceedings by certain licensing boards,

            And,

            Com. Sub. for S. B. 565, Creating reverse auction pilot program for purchasing office supplies,

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

            In accordance with the former direction of the Speaker, the bills (S. B. 10 and Com. Sub. for S. B. 565) were each referred to the Committee on the Judiciary.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            H. B. 2487, Prohibiting the use of laetrile.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

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

            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. 21 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4, §16-1C-5, §16-1C-6 and §16-1C-7, all relating generally to requiring health care providers to wear identification badges; setting forth legislative findings and purpose; providing definitions; establishing identification badge requirement; setting forth exemptions; addressing enforcement; providing for applicability; and granting rule-making authority”; 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. 185 - “A Bill to amend and reenact §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-6D-10, all relating to the tax credit for alternative-fuel motor vehicles and qualified alternative-fuel vehicle refueling infrastructure and qualified alternative-fuel vehicle home refueling infrastructure; setting forth legislative findings; defining terms and modifying definitions and terms; on and after the effective date of the amendment and reenactment of the section during the regular session of the Legislature in 2013, eliminating the availability of tax credits for infrastructure related to and motor vehicles that are capable of running on ethanol and certain fuel mixtures containing ethanol, methanol or other alcohols; excluding storage tanks from the definition of “qualified alternative-fuel vehicle home refueling infrastructure’; requiring that not more than one tax credit be granted for the purchase of an alternative-fuel motor vehicle, or for costs relating to conversion or retrofitting of a motor vehicle to an alternative-fuel motor vehicle, or for costs associated with qualified alternative-fuel vehicle refueling infrastructure, or for costs associated with qualified alternative-fuel home refueling infrastructure; removing the requirement that a converted vehicle must operate exclusively on an alternative fuel in order to take the credit; permitting a tax credit for certain retrofitted vehicles; requiring a taxpayer to own the alternative-fuel motor vehicle for which a claim is filed on the last day of the taxpayer’s tax year for which the credit is claimed; clarifying restrictions and eligibility for tax credits; changing the amount of credit and the cap for qualified alternative-fuel vehicle refueling infrastructure; allowing pass-through entities to distribute credits to pass-through equity owners in any manner such equity owners see fit; eliminating a rule requirement; providing for the termination of tax credit for alternative-fuel motor vehicles purchased after December 31, 2017; providing for the termination of tax credit for motor vehicles converted or retrofitted to operate on alternative fuel after December 31, 2017; providing for the termination of tax credit for construction or purchase and installation of qualified alternative-fuel vehicle refueling infrastructure occurring after December 31, 2017; providing for the termination of tax credit for construction or purchase and installation of qualified alternative-fuel vehicle home refueling infrastructure occurring in tax years beginning after December 31, 2015; capping the number of years for which a carryover credit is allowed for alternative-fuel motor vehicle tax credits and for qualified alternative-fuel vehicle home refueling infrastructure tax credits; permitting the transfer and sale of certain tax credits under certain conditions; setting forth how transfers of tax credits may be accomplished; providing an exception from consumers sales and service tax, use tax, corporation net income tax and personal income tax; and permitting government entities and nonprofit entities to utilize tax credits”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 191 - “A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11B-2-20a; to amend and reenact §17-3-1 of said code; and to amend and reenact §31-15A-9 of said code, all relating to the Revenue Shortfall Reserve Fund, the Revenue Shortfall Reserve Fund - Part B and the creation of a West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying maximum aggregate funding amount for the Revenue Shortfall Reserve Fund; providing that interest and other earnings on Revenue Shortfall Reserve Fund - Part B be dedicated to and expended for and in support of the federal-state Medicaid program authorized by the Legislature or mandated by the federal government; providing that no interest or other return may be distributed from the Revenue Shortfall Reserve Fund – Part B if such distribution would cause the net asset value of the Revenue Shortfall Reserve Fund – Part B to fall below its value as of July 1, 2013, and providing process for restoration of value; providing that, in commencing and executing the provisions of this subdivision, the West Virginia Investment Management Board is not and shall not be obligated to sell any investments at a loss or otherwise take any action not in furtherance of its fiduciary duties and obligations in respect of funds and investments under its management and supervision; creating the West Virginia Infrastructure Modernization and Development Special Revenue Fund in the State Treasury; specifying the funding source for the West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying use of funds in the West Virginia Infrastructure Modernization and Development Special Revenue Fund; providing limitation on use of funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund into the State Road Fund; providing ability of State Road Fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund; and providing ability of West Virginia Infrastructure Fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 250 - “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Commerce; 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 the Development Office to promulgate a legislative rule relating to the use of coalbed methane severance tax proceeds; authorizing the Broadband Deployment Council to promulgate a legislative rule relating to broadband deployment grants programs; authorizing the Board of Miner Training, Education and Certification to promulgate a legislative rule relating to the standards for certification of coal mine electricians; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping rules; authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special waterfowl hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special fishing; authorizing the Division of Natural Resources to promulgate a legislative rule relating to falconry; authorizing the Division of Labor to promulgate a legislative rule relating to bedding and upholstered furniture; authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices; authorizing the Division of Labor to promulgate a legislative rule relating to the Crane Operator Certification Act; and authorizing the Division of Labor to promulgate a legislative rule relating to the Crane Operator Certification Act – practical examination”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 270 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue; 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 the Insurance Commissioner to promulgate a legislative rule relating to provider-sponsored networks; authorizing the Athletic Commission to promulgate a legislative rule relating to mixed martial arts; authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing; authorizing the Racing Commission to promulgate a legislative rule relating to greyhound racing; authorizing the Racing Commission to promulgate a legislative rule relating to pari-mutuel wagering; authorizing the Lottery Commission to promulgate a legislative rule relating to state lottery rules; and authorizing the State Tax Department to promulgate a legislative rule relating to the valuation of commercial and industrial real and personal property for ad valorem property tax purposes”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 281 - “A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Transportation; 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 and as amended by the Legislature; authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the denial, suspension, revocation, disqualification, restriction, nonrenewal, cancellation, administrative appeals and reinstatement of motor vehicle operating privileges; authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways; and authorizing the Office of Administrative Hearings to promulgate a legislative rule relating to appeal procedures”; 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 and requested the concurrence of the House of Delegates in the passage, of

            S. B. 354 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8d, relating to directing the Commissioner of Highways to conduct a study on alternative revenue mechanisms for development and maintenance of state roads and highways; making legislative findings and specifying intent; requiring a study and specifying study design; authorizing pilot projects and interagency cooperation; and requiring report and recommendations by certain date”; which was referred to the Committee on Roads and Transportation then Finance.

            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. 369 - “A Bill to amend and reenact §61-7-6 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to allowing a resident of another state to carry a handgun in West Virginia if the person holds a valid permit or license to possess or carry a handgun from the other state and the other state allows residents of West Virginia who are licensed in West Virginia to carry a concealed deadly weapon to carry a concealed deadly weapon in that state”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 438 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-3F-1, §18B-3F-2, §18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8 and §18B-3F-9, all relating to reorganization and consolidation of Bridgemont Community and Technical College and Kanawha Valley Community and Technical College; creating an independent, multi-campus community and technical college on June 30, 2013; abolishing certain boards of governors and providing for appointment of a new board of governors on June 30, 2013; setting forth legislative findings; providing definitions; requiring development of a strategic reorganization plan; establishing an administrative planning committee; committee membership, powers and duties; termination date; appointing president and other officers; specifying certain duties; providing for transfer of assets and liabilities, operating budgets, orders, rules and procedures; clarifying employee rights and benefits when positions are abolished; and requiring notification of employment status by certain date under certain circumstances”; which was referred to the Committee on Education then Finance.

            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

            S. B. 460 - “A Bill to amend and reenact §11-21-12e of the Code of West Virginia, 1931, as amended, relating to taxation; personal income tax; and exempting active duty military pay for resident individuals serving thirty or more continuous days on active duty in the armed forces of the United States, National Guard or armed forces reserves for the taxable year in which the individual has separated from active military service”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of  

            S. B. 462 - “A Bill to amend and reenact §22-3-20 and §22-3-21 of the Code of West Virginia, 1931, as amended, all relating to informal conferences on surface mining permit applications; extending time to hold informal conferences; and extending time from an informal conference in which the secretary must issue or deny a surface- mining permit”; which was referred to the Committee on Energy, Industry and Labor and Economic Development and Small Business 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

            S. B. 467 - “A Bill to amend and reenact §20-2-64 of the Code of West Virginia, 1931, as amended, relating to importation and release of certain aquatic species; revising the stocking permit requirements for the release of aquatic species into state waters; and criminal penalties”; which was referred to the Committee on Natural 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

            S. B. 470 - “A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to permitting farm wineries to sell samples and wine during the operation of fairs or festivals on Sunday mornings”; which was referred to the Committee on Agriculture 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. 527 - “A Bill to repeal §3-10-4a of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-10-1, §3-10-2, §3-10-3, §3-10-3a, §3-10-4, §3-10-5, §3-10-6, §3-10-7 and §3-10-8 of said code, all relating to filling vacancies by appointment or election in certain elected offices; defining terms; setting procedures for appointing persons to fill certain vacancies; requiring certain appointments within a certain period of time; listing time periods and certain offices where elections must be held to fill certain vacancies; setting special requirements for filling vacancies in certain offices; setting procedures for certain special elections; setting requirements for special filing periods, where necessary; requiring certain notice be given regarding elections to fill vacancies; providing for payment of costs if a new election is necessary; allowing nomination of certain persons without party affiliation; allowing emergency orders by the Secretary of State in certain circumstances; removing and repealing certain language relating to previous elections; clarifying method used to fill vacancies in the Office of Governor; permitting meeting of the Judicial Vacancy Advisory Commission upon certain formal announcements of retirement or resignation; adjusting method to fill vacancies in certain statewide, legislative and judicial offices such that the timing for all are consistent; adjusting method to fill vacancies in United States Congress; requiring most elections to fill vacancies be held in conjunction with regularly scheduled elections; clarifying method used to fill vacancies in certain county offices; permitting vacancies in certain county offices to be filled by temporary replacements for no more than thirty days; and updating language regarding filling vacancies in certain elected offices”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 533 - “A Bill to amend and reenact §61-2-9 and §61-2-28 of the Code of West Virginia, 1931, as amended, relating to directly prosecuting for battery an assault where the victim has certain relationships; conviction of which triggers federal firearms prosecution be prosecuted as a domestic battery or domestic assault to be consistent with federal case law and amending definition of ‘domestic battery’ and ‘domestic assault’”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 543 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-2-4a; and to amend said code by adding thereto a new section, designated §30-1A-2a, all relating to the Legislative Auditor; authorizing the Legislative Auditor to establish and charge fees for the sunrise application review process; reporting requirements; and terminating these fees on July 1, 2015”; which was referred to the Committee on Government Organization.

            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

            S. B. 552 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7, all relating to creating the Uniform Real Property Electronic Recording Act; providing short title; defining terms; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring any county clerk implementing the provisions of the act to comply with established standards; authorizing county clerks to receive, index, store, archive and transmit electronic documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to convert paper documents accepted for recording into electronic documents; authorizing county clerks to collect electronically any tax or fee relating to electronic recording of real property documents they are authorized by law to collect; authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents; creating the Real Property Electronic Recording Standards Council to develop the standards necessary to electronically record real property documents; authorizing a legislative rule; providing for a report and recommendations to the Legislature; providing that members of the Real Property Electronic Recording Standards Council pay their own expenses; setting forth areas for consideration when adopting or changing standards; providing for uniformity of application and construction of the act; and providing that this act modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 553 - “A Bill to amend and reenact §17-2D-2 and §17-2D-5 of the Code of West Virginia, 1931, as amended, all relating to the continuation of the Highway Design-Build Pilot Program; changing the name to the Highway Design-Build Program; removing the sunset date of the program; modifying limitations on design-build projects; requiring identification of design-build projects; modifying reporting requirements; and requiring annual reporting”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 557 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2J-3a, relating to authorizing continued operation of certain preventative care programs after expiration date of the pilot program”; which was referred to the Committee on Health and Human Resources then Government Organization.

            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. 564 - “A Bill to amend and reenact §8-16-5 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum construction cost of a municipal public works project before competitive bidding is required; and defining terms”; which was referred to the Committee on Political Subdivisions 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. 569 - “A Bill to amend and reenact §29-3-11 of the Code of West Virginia, 1931, as amended, relating to the State Fire Marshal; and requiring the State Fire Marshal to be appointed by the Governor by and with the advice and consent of the Senate”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 579 - “A Bill to repeal §3-3-2a and §3-3-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-3-1, §3-3-2, §3-3-3, §3-3-3a, §3-3-4, §3-3-5, §3-3-5a, §3-3-5b, §3-3-5c, §3-3-8, §3-3-10 and §3-3-11 of said code; and to amend said code by adding thereto a new section, designated §3-3-3b, all relating to absentee and early in-person voting; updating, clarifying and reorganizing existing language in the code; removing outdated language; allowing veterans’ homes to be treated like nursing homes in certain situations; adding requirements to serve as an assistant with early in-person voting; clarifying differences between paper-based voting systems and direct recording voting systems; clarifying certain language with regard to criminal violations; authorizing the Secretary of State to create electronic ballots in certain situations; clarifying when a federal write-in ballot may not be counted; and detailing and adding to the process for counting of absentee ballots separated by voting mechanism”; 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 and requested the concurrence of the House of Delegates in the passage, of

            S. B. 592 - “A Bill to amend and reenact §33-20F-4 of the Code of West Virginia, 1931, as amended, relating to deleting obsolete provisions regarding the Physicians' Mutual Insurance Company; and providing that the company need not be organized as a nonprofit corporation if the company remains a domestic mutual insurance company owned by its policyholders”; which was referred to the Committee on the Judiciary then Finance.

            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

            S. B. 601 - “A Bill to amend and reenact §49-5-18 of the Code of West Virginia, 1931, as amended, relating to keeping the records of a juvenile proceeding confidential; and removing the requirement of sealing the records”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 604 - “A Bill to amend and reenact §3-8-1a of the Code of West Virginia, 1931, as amended, relating to the regulation and control of elections, generally; defining terms; and expanding the definition of ‘electioneering communication’”; 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 and requested the concurrence of the House of Delegates in the passage, of

            S. B. 652 - “A Bill to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to criminal background checks for applicants for home inspectors”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. C. R. 18 - “Requesting the Division of Highways to name a stretch of highway in Wyoming County, West Virginia, on State Route 20, just across the Wyoming County line approximately one mile to just past Ikes Fork Freewill Baptist Church, the ‘David and Janet Lee Memorial Highway’.”

            Whereas, David E. Lee, Sr., was born in Ikes Fork, West Virginia, May 16, 1927, the youngest son of John and Millie Lee. He served in the United States Air Force and was a proud veteran of World War II and the Korean War. He married his beloved wife Janet December 9, 1949, and they shared fifty-three wonderful years together until her death in 2004. After his military service, David utilized the GI Bill and graduated from Marshall College in 1959. After working for the IRS in Chicago, Illinois, David and Janet moved back to West Virginia in 1963 where they remained until their deaths. David began a thirty-year teaching career in 1963 at Coal Mountain School, Huff Consolidated and Baileysville High School where he touched the lives of the many students he taught and coached. He served two terms on the Wyoming County Board of Education after his retirement, continuing to be an advocate for the students and public education. Affectionately known as “Poppy”, David cherished his four sons, David Jr., Dale, Dean and Dante, and his grandchildren, JL, Tiffany, Chelsea, Aaron, Danielle, Jessica, Brittany, Drew and Kendra and his great grandchildren, John David, Katie, Isabella and Colton. David was active in his church and community and was always willing to help his neighbors. Janet Riffe Lee was born September 13, 1933, the daughter of John and Cara Riffe. She owned a restaurant and flower shop until she became a cook in the Wyoming County school system and at the Wyoming County Jail. Known for her great cooking, she served the students with a smile and a special touch of believing in them. She devoted her life to David and her boys as well as her grandchildren. She was active in her church and community and was a compassionate shoulder for those in need. They say “behind every great man is an even greater woman pushing him”. That was never more true than for David and Janet. She was truly the strong force that kept the family together. David passed away on April 16, 2012; and

            Whereas, It is fitting to honor David and Janet Lee by naming a stretch of highway in Wyoming County, West Virginia, on State Route 20, just across the Wyoming County line approximately one mile to just past Ikes Fork Freewill Baptist Church, for David and Janet Lee; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name a stretch of highway in Wyoming County, West Virginia, on State Route 20, just across the Wyoming County line approximately one mile to just past Ikes Fork Freewill Baptist Church, the “David and Janet Lee Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the stretch of highway as the “David and Janet Lee Memorial Highway”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving children and relatives of David and Janet Lee.

Special Calendar

Third Reading

            Com. Sub. for H. B. 2716, Relating to the West Virginia Fairness in Competitive Bidding 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. 127), and there were--yeas 93, nays 6, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Cadle, Cowles, Gearheart, Householder, McCuskey and Overington.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2716) 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. 2727, Relating to the school aid formula; 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. 128), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Cadle, Folk, Gearheart, Householder and Howell.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2727) passed.

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

            On this question, the yeas and nays were taken (Roll No. 129), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Cadle, Gearheart, Householder, Howell and Kump.

            Absent and Not Voting: J. Nelson.

            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. 2727) 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. 2866, Providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet; 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. 130), 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: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2866) 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. 2938, Establishing fair trade practices for court reporters; on third reading, coming up in regular order, was reported by Clerk.

            At the request of Delegate Boggs, and by unanimous consent, the bill was laid over.

            H. B. 2954, Requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature; 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. 131), 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: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2954) passed.

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

            On this question, the yeas and nays were taken (Roll No. 132), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2954) 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. 2979, Relating to broadband deployment projects; on third reading, coming up in regular order, was read a third time.

            Delegate Espinosa requested to be excused from voting on the passage of Com. Sub. for H. B. 2979 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. 133), and there were--yeas 88, nays 11, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Arvon, Cowles, Espinosa, Faircloth, Hamrick, Overington, R. Smith, Sobonya and Westfall.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2979) 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. 3043, Including methane monitoring equipment as eligible safety equipment for tax credit purposes; 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. 134), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Lynch.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3043) 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. 3135, Relating generally to voting system certification and procedures at the central counting center; 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. 135), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Cadle, Folk, Householder, Kump and Shott.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3135) 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. 3145, Removing the existing maximum quantities of beer that retailers can sell for off premises; 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. 136), and there were--yeas 82, nays 17, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Armstead, Border, Cadle, A. Evans, D. Evans, Faircloth, Hamilton, Ireland, Kump, Lane, Moye, O’Neal, Overington, R. Smith, Sobonya, Sumner and Walker.

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3145) 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. 3160, Providing for a pilot initiative on governance of schools jointly established by adjoining counties; 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. 137), and there were--yeas 99, nays none, absent and not voting 1, with the nays and absent and not voting being as follows:

            Absent and Not Voting: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3160) passed.

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

Second ReadingS. B. 496, Finding and declaring certain claims against state; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page three, line thirty-one, by out striking the word “Romney” and inserting in lieu thereof the word “Ronney”.

            The bill was then ordered to third reading.

            Com. Sub. for H. B. 2128, Providing railroad employees have the right to review and copy the contents of their personnel file; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2265, Relating to the School Access Safety Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2352, Clarifying that the West Virginia Department of Environmental Protection does not assume a mine operator’s obligations or liabilities under the Water Pollution Control Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2355, Allowing the mascot of Parkersburg South High School to carry a musket on school grounds when the mascot is acting in his or her official capacity; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2357, Relating to sexting by minors; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2399, Protecting livestock in dire or extreme condition; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2431, Modifying the application process for obtaining a state license to carry a concealed deadly weapon; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with restricted right to amend by Delegates Eldridge and Miley and the rule was suspended to permit the consideration of the amendments on that reading.

            H. B. 2469, Increasing the cap on earnings during temporary reemployment after retirement; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2470, Relating to sign support specialist or an educational sign language interpreter in the education of exceptional children; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2490, Providing for the appointment of veterans advocates at state institutions of higher education; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2491, Establishing a uniform policy for students enrolled in institutions of higher education who are called up for duty in the military; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2498, Making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2513, Improving enforcement of drugged driving offenses; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2542, Relating to publication of the State Register; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2544, Improving state emergency preparedness; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2548, Increasing the criminal penalties for assaults and batteries against athletic officials; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2570, Relating to the West Virginia Public Employees Grievance Procedure; on second reading, coming up in regular order, was read a second time.

            An amendment to the bill, offered by Delegate Shott, was reported by the Clerk.

            Whereupon,

            Delegate Shott asked and obtained unanimous consent that the amendment be withdrawn.

            Delegate Shott then asked and obtained unanimous consent to offer another amendment.

            The Clerk then reported an amendment offered by Delegates Shott and Miley.

            On motion of Delegates Shott and Miley, the bill was amended on page twelve, section three, line one hundred five, following the word “mediation” and the period, by inserting the words “The board shall by July 1, 2013, promulgate a procedural rule regulating the discovery process consistent with and pursuant to article three, chapter twenty-nine-a of the code.” 

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2577, Relating to the practice of pharmacist care; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2600, Creating resort area districts; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2608, Requiring appraisal management companies to be registered; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2689, Authorizing miscellaneous Boards and Agencies to promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2722, Increasing the amount of special license fees paid by pipeline companies; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2730, Relating to the Real Estate Appraisal Board; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2731, Regulating the performance of health maintenance tasks by unlicensed personnel; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2738, Relating to the Center for Nursing; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2787, Permitting family court judges and magistrates to carry concealed handguns without a permit; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2805, Making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2806, Relating to administrative remedies for prisoners generally; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2825, Relating to certain appointive state officers salaries; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2836, Allowing certain Commission on Special Investigations personnel the right to carry firearms; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2837, Amending various provisions of the Code affecting the Treasurer’s Office; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with restricted right to amend by Delegate White, and the rule was suspended to permit the consideration of the amendment on that reading.

            Com. Sub. for H. B. 2849, Relating to audits and investigations by the chief inspector of public offices; on second reading, coming up in regular order, was read a second time.

            On motion of Delegates Miley and Armstead, the bill was amended on page two, by striking out the enaction section and inserting in lieu thereof, the following:

            “That §6-9-7 and §6-9-9a of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows” followed by a colon.

            And,

            On page twelve, line one, by striking out section 9b in its entirety.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2877, Permitting the Director of the Public Employees Insurance Agency to operate any of the agency’s health benefits plans on a calendar year; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2897, Declaring certain claims against the state and its agencies to be moral obligations of the state; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2946, Permitting the sale of alcoholic beverages on Sunday mornings; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with restricted right to amend by Delegate Ireland, and the rule was suspended to permit the consideration of the amendment on that reading.

            Com. Sub. for H. B. 2960, Providing for internal and external review of adverse health coverage determinations; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Miley, the bill was amended on page four, section one, line thirty-six, following the word “in”, by striking out “42 U.S.C. §300-gg-01”, and inserting in lieu thereof “42 U.S.C. §300-gg-91”.

            And,

            On page five, section three, line four, by striking out the word “petitioner” and inserting in lieu thereof the word “individual”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2962, Relating to exemptions from the tax on the privilege of severing natural gas and oil; on second reading, coming up in regular order, was reported by the Clerk.

            At the request of Delegate Boggs, and by unanimous consent, the bill was laid over.

            Com. Sub. for H. B. 2964, Authorizing the mayor to appoint chiefs of police and deputy chiefs of police; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2968, Authorizing the use of an additional medium for use in archiving the records; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 3020, Improving boat dock and marina safety; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 3021, Relating to operating a bicycle or overtaking a bicycle on a roadway; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 3028, Expanding the number of hours temporary state personnel may work in a calendar year; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 3058, Relating to the valuation of motor vehicles for purposes of ad valorem property taxes; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Butler, the bill was amended on page three, line twenty-six, immediately following the word “values”, by striking out the words “or sixty percent of $700, whichever is higher”.

            The bill was then and ordered to engrossment and third reading.

            Com. Sub. for H. B. 3060, Authorizing the Oil and Gas Conservation Commission to regulate the horizontal deep wells; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 3062, Removing the cap for collections into the land division special revenue account of the Department of Agriculture; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 3065, Transferring land located in the Western District, Taylor County, West Virginia, from the State of West Virginia to the Taylor County Commission; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            At the request of Delegate Boggs, and by unanimous consent, the provisions of House Rule 69, relating to bills on the Local Calendar, were suspended.

            Delegate Boggs then moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

            On this question, the yeas and nays were taken (Roll No. 138), 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: J. Nelson.

            So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

            Having been engrossed, the bill was then read a third time and put upon its passage.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 139), 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: J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3065) 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. 3069, Relating to access to justice; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 3072, West Virginia Coal Employment Enhancement Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 3112, Relating to compensation awards to victims of crimes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 3124, Relating to floodplain and mudslide area management; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 3139, Authorizing qualified investigators employed by the Secretary of State to carry a firearm and concealed weapon; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 3157, Restoring the authority, flexibility, and capacity of schools and school systems to improve student learning; on second reading, coming up in regular order, was read a second time.

            On motion of Delegates Armstead and M. Poling, the bill was amended on page five, following the enacting section, by inserting the following:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-5g. Review and determination of principal and teacher reports; identify reports with recommendations to Legislative Oversight Commission.

            In addition to filing each policy as required by section fourteen, article five of this chapter, the state board shall require each county board to provide a summary of any modifications to the policies and copies of annual reports developed pursuant to section fourteen, article five of this chapter. The state board shall submit copies of these summaries of modifications to the policies and annual reports, together with any comments and recommendations, to the Legislative Oversight commission on education accountability, no later than December 31, of each year.

            (a) The state board shall review and evaluate all reports required to be written by principals and teachers in order to determine which reports are repetitive, unnecessary, counterproductive or outdated so that the administrative burden on principals and teachers may be lessened.

            (b) The state board shall submit a report to the Legislative Oversight Commission on Education Accountability no later than December 31 of each year identifying those unnecessary reports, together with any comments and recommendations on how to reduce or consolidate principal and teacher reports.

And,

            By striking out the enacting section and inserting in lieu thereof a new enacting section to read as follows:

            “That §18-2-15, §18-2-15a, §18-2-18, §18-2-23, §18-2-30, §18-2-31, §18-2-36, §18-2-37 and §18-2-38 of the code of West Virginia, 1931, as amended, be repealed; that §18-2E-3c and §18-2E-3d of said code be repealed; that §18-5-40 of said code be repealed; that §18-9-2b, §18-9-5, §18-9-7 and §18-9-8 of said code be repealed; that §18-9A-3a, §18-9A-3b, §18-9A-13, §18-9A-13a, §18-9A-13b, §18-9A-25 and §18-9A-26 of said code be repealed; that §18-9B-11 and §18-9B-16 of said code be repealed; that §18A-3-2b of said code be repealed; that §18-2-5g of said code be amended and reenacted; that said code be further amended by adding thereto a new section, designated §18-2E-5e; that said code be further amended by adding thereto a new section, designated §18-8-6a; and that §18-9A-10 of said code be amended and reenacted, all to read as follows” followed by a colon.

            The bill was then ordered to engrossment and third reading.

            H. B. 3161, Repealing section relating to additional fee to be collected for each marriage license issued; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 3162, Expanding the eligible recipients of matching funds to include West Virginia State University in certain circumstances, and modifying criteria for eligibility; on second reading, coming up in regular order, was read a second time.

            Delegates Gearheart and Shott moved to amend the bill on page, on page three, line thirty-two, following the word “state”, by striking out the words “land grant higher education institution, West Virginia State University ” and inserting in lieu thereof “higher education institutions”.

            On page six, line twenty-eight, following the first occurrence of the word “University”, by striking out the words “and West Virginia State University” and inserting in lieu thereof “the West Virginia School of Osteopathic Medicine, Bluefield State College, Concord University, Fairmont State University, Glenville State College, Shepherd University, West Liberty State College and West Virginia State University”.

            And,

            On page nine, line nine, following the word “to”, by striking out the words “and West Virginia State University” and inserting in lieu thereof “the West Virginia School of Osteopathic Medicine, Bluefield State College, Concord University, Fairmont State University, Glenville State College, Shepherd University, West Liberty State College and West Virginia State University”.

            On the adoption of the amendment, Delegate Gearheart demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 140), and there were--yeas 34, nays 65, absent and not voting 1, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Andes, Arvon, Ashley, Azinger, Barrett, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Folk, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lawrence, O'Neal, Overington, Romine, Shott, Skinner, Storch and Westfall.

            Absent and Not Voting: J. Nelson.

             So, a majority of the members present and voting having not voted in the affirmative, the amendment was not adopted.

            The bill was then ordered to engrossment and third reading.

            H. B. 3163, Requiring all debt obligations of the West Virginia parkways authority to be satisfied by February 1, 2020; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 3164, Allowing part-time outside employment for full time prosecuting attorneys; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

First ReadingCom. Sub. for H. B. 2776, Increasing certain filing fees in certain civil actions; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Miscellaneous Business

            Delegate Iaquinta noted to the Clerk that he was absent on yesterday when the votes were taken on Roll Nos. 121 through 124, and that had he been present, he would have voted “Yea” thereon.

Remarks by Members

            Delegate Azinger asked and obtained unanimous consent that the remarks of Delegate Hunt regarding care of those with autism spectrum disorders be printed in the Appendix to the Journal.

Leaves of Absence

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

            At 12:32 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, April 3, 2013.

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