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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

colorseal.jpg



__________*__________



 

Thursday, April 4, 2013

FIFTY-FIRST 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, April 3, 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

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

            H. C. R. 118 - “Requesting the Division of Highways to rename the bridge on High Street over Twelve Pole Creek in Ceredo, West Virginia, bridge number 50-60/4-0.10 the ‘U.S. Marine Corps PFC Daniel L. Edwards Memorial Bridge’.”

            Whereas, PFC Daniel L. Edwards was born on April 1, 1950 in Huntington, West Virginia; and

            Whereas, PFC Daniel L. Edwards attended Ceredo-Kenova High School and fought in the Golden Gloves tournament; and

            Whereas, PFC Daniel L. Edwards enlisted in the United States Marine Corps on June 2, 1967; and

            Whereas, PFC Daniel L. Edwards was deployed to Vietnam in May, 1968, and was a member of Company B of the First Battalion of the Seventh Marine Regiment, First Marine Division; and

            Whereas, On the afternoon of August 10, 1968, PFC Daniel L. Edwards’ company came under intense rocket and automatic weapons fire from a large, well-entrenched North Vietnamese Army force; and

            Whereas, PFC Daniel L. Edwards unhesitatingly launched a determined assault against enemy positions, fearlessly maneuvering across fire-swept terrain and delivering accurate suppressive fire upon hostile emplacements, enabling his comrades to evacuate other injured men; and

            Whereas, PFC Daniel L. Edwards steadfastly remained in a dangerous exposed position, skillfully providing coverage until he was mortally wounded; and

            Whereas, PFC Daniel L. Edwards’ heroic and timely actions inspired all who observed him and were instrumental in enabling fellow Marines to reach safety; and

            Whereas, For conspicuous gallantry and intrepidity in action, PFC Daniel L. Edwards was posthumously awarded the Silver Star Medal as well as the Purple Heart; and

            Whereas, PFC Daniel L. Edwards was survived by his parents, Carl R. and Dorothy Neace Edwards, as well as his brother Spec 4 Carl Edwards Jr., who also served in Vietnam, his sisters Linda McCoy and Brenda Klein, and his grandparents Mr. and Mrs. Charles Edwards; and

            Whereas, It is fitting and proper, that PFC Daniel L. Edwards be remembered and acknowledged for his courageous and selfless action in service to his country, and for his ultimate sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name on High Street over Twelve Pole Creek in Ceredo, West Virginia, bridge number 50-60/4-0.10, the “U.S. Marine Corps PFC Daniel L. Edwards Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U.S. Marine Corps PFC Daniel L. Edwards Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of PFC Daniel L. Edwards.

            Delegates Cadle, Lynch, Folk, Cooper, Iaquinta, Arvon, Westfall, Ambler, Anderson, Andes, Armstead, Ashley, Border, Butler, Canterbury, Cowles, Ellem, Espinosa, D. Evans, Gearheart, Hamrick, Howell, Lane, McCuskey, E. Nelson, O’Neal, Paxton, Raines, R. Smith, Sumner, Walters and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 119 - “Requesting the Division of Highways to name bridge number 27-62-37.01 on Route 62 in Hartford, Mason County, the ‘US Army Corporal John L. Gibbs Memorial Bridge’.”

            Whereas, Corporal John Leslie Gibbs was born on November 1, 1944, one of twelve children born to the late Charles and Sadie Gibbs of Hartford, Mason County, West Virginia; and

            Whereas, Corporal John L. Gibbs entered the United States Army on August 23, 1966. As a Private First Class, he was serving as a member of Company B, 2d Battalion, 23d Infantry, 2d Infantry Division, one of the forward elements of the United Nations Command enforcing the Korean Armistice of 1953. On July 16, 1967, PFC John L. Gibbs was in a foxhole south of the Korean Demilitarized Zone when his position was suddenly attacked by North Korean infiltrators under the cover of dense fog and darkness. A furious fire fight erupted and PFC John L. Gibbs and two of his fellow soldiers were killed; and

            Whereas, On July 15, 1967, PFC John L. Gibbs was posthumously promoted to the grade of Corporal, and was awarded the Purple Heart on August 10, 1967, for wounds received in action in Korea resulting in his death; and

            Whereas, It is fitting and proper, that US Army Corporal John L. Gibbs be remembered and acknowledged for his dedicated service and ultimate sacrifice to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 27-62-37.01 on Route 62 in Hartford, Mason County, the “US Army Corporal John L. Gibbs Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “US Army Corporal John L. Gibbs Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the surviving family of Corporal John L. Gibbs.

            Delegate Ashley offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 120 - “Requesting the Division of Highways to rename one side of Front Street and one side of Market Street in the city of Spencer, Roane County, West Virginia, the ‘1st Sergeant Walter Criss Street, United States Army’.”

            Whereas, Walter Criss was born and raised in a log cabin on Sang Run, near Beech, in Calhoun County, West Virginia; and

            Whereas, After dropping out of school at a young age, Walter Criss impulsively joined the Army in 1940 after seeing a recruitment poster on the streets of Charleston, West Virginia, an impulsive decision that set the path of his life; and

            Whereas, Initially, as a young soldier, Walter Criss was assigned to the 21st Field Artillery Division, stationed in Battle Creek, Michigan, earning wages of a whopping $17 per month; and

            Whereas, In the fall of 1941, Walter Criss and his unit were sent to Iceland for a six month tour that turned into a twenty-five month tour due to the start of WWII; and

            Whereas, While in Iceland, Walter Criss served as a guard and was, ultimately, promoted to Corporal of the Guard; and

            Whereas, In 1943, Walter Criss was assigned to the 955th Field Artillery stationed in England preparing for the D-Day invasion scheduled one year hence; and

            Whereas, As the days led up to D-Day, Walter Criss and other members of his unit engaged in a ploy to disguise the invasion and throw off German intelligence by using passes to go to another part England; and

            Whereas, During his tour in Europe, Walter Criss was involved in five major battles and witnessed the bombing of Saint-Lo; and

            Whereas, After a brief leave to come back to the States in 1945, Walter Criss rejoined his unit, first in Czechoslovakia with the Russian Army in eyesight and then later through Germany, France, Morroco, Dakar, Brazil, Florida and, finally, Ft. Meade, Maryland, where he was honorably discharged in July, 1945; and

            Whereas, Shortly after his discharge in July, 1945, Walter Criss met and married Frankie Greathouse of Spencer, West Virginia, a woman with whom he remained until her death in 2006; and

            Whereas, Walter and Frankie had two children, Norman of Louisville, Kentucky, and Nora Ann Cox of Barberton, Ohio; and

            Whereas, In 1946, Walter Criss reenlisted in the United States Army and was stationed, first in Alaska and, then, Oklahoma; and

            Whereas, Walter Criss was sent to Korea where he saw action during the Korean War and was promoted to 1st Sergeant; and

            Whereas, After the Korean War, 1st Sergeant Criss’ military duties took him to Texas, Louisiana, Germany and Virginia where he was assigned to a guided missile unit protecting Washington. D.C.; and

            Whereas, 1st Sergeant Criss later served in Germany, again, and Ft. Meade where he obtained his GED; and

            Whereas, After one more tour in Germany, 1st Sergeant Criss transferred to the Guards in 1961; and

            Whereas, Most recently, in February, 2012, 1st Sergeant Criss was appointed a “Chevalier”, or Knight, of the French Legion of Honor by the French for his role in the liberation of France during WWII, an honor which began two centuries ago under Napolean; and

            Whereas, In light of Walter Criss’ significant history in the United States Army and substantial risk and contributions during two major wars, WWII and the Korean War, it is more than fitting to designate a street in his town by his name and rank; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name one side of Front Street and one side of Market Street in the City of Spencer, Roane County, West Virginia, the “1st Sgt Walter Criss Street, United States Army”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to cause to have made and be placed signs at every intersection of the streets, in prominent lettering, the “1st Sgt Walter Criss Street, United States Army”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Walter Criss, to his children, Norman of Louisville, Kentucky, and Nora Ann Cox of Barberton, Ohio, and to the Secretary of the Department of Transportation.

            Delegates Anderson, Border, Azinger, D. Poling and Ellem offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 121 - “Requesting that bridge number 54-68-23.53 on Routes 2 and 68, known as the I-77 overpass in Wood County, West Virginia, be named the ‘LSC (SS) Andrew Scott Mollohan Memorial Bridge’.” 

            Whereas, LSC (SS) Andrew Scott Mollohan was born on September 15, 1969, in Wood County, West Virginia, the son of Thomas and Alice Mollohan of Wood County. He attended and graduated from Williamstown High School in Wood County; and

            Whereas, LSC (SS) Andrew Scott Mollohan began his twenty-two year career in the United States Navy after graduating from high school and served until his death. While in the United States Navy, LSC (SS) Andrew Scott Mollohan served in the Gulf War and was stationed at Groton, Connecticut. He was the Logistics Specialist Division leading Petty Officer and was building the U.S.S. Missouri SSN 780 when he died on November 29, 2009; and

            Whereas, LSC (SS) Andrew Scott Mollohan received several awards for his service in the United States Navy including Enlisted Submarine Warfare Insignia, Expert Pistol Medal, Navy Arctic Service Ribbon, five Navy Sea Service Development Ribbons, Global War on Terrorism Service Medal, Global War On Terrorism Expeditionary Medal, two National Defense Service Medals, Navy Expeditionary Medal, six Navy Good Conduct Medals, three Navy E Ribbons, Navy Meritorious Unit Commendation, Navy and Marine Corp Achievement Medal, and the Navy and Marine Corp Commendation Medal; and

            Whereas, LSC (SS) Andrew Scott Mollohan dedicated his whole life to the United States Navy and his country, it is only fitting and proper that he be remembered and acknowledged for his outstanding dedication and service; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 54-68-23.53 on Routes 2 and 68 in Wood County, West Virginia, the “LSC (SS) Andrew Scott Mollohan Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letter proclaiming the bridge the “LSC (SS) Andrew Scott Mollohan Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of LSC (SS) Andrew Scott Mollohan.

            Delegates Perdue, Boggs and Moye offered the following resolution, which was read by the Clerk as follows:

            H. C. R. 122 - “Requesting the Joint Committee on Government and Finance to study the rural health workforce in West Virginia.”

            Whereas, West Virginians from rural areas across the state rely on their local rural health care system including hospitals, community health centers, free clinics and private primary care providers to provide critical services; and

            Whereas, West Virginia’s rural health care system struggles to recruit and retain adequate workforce to meet the health care needs of its population; and

            Whereas, In 2012, all but five West Virginia counties were below the national average of physicians per 100,000; and

            Whereas, The federal government currently classifies sixteen rural West Virginia counties in whole or in part as primary care Health Professional Shortage Areas; and

            Whereas, An estimated 300,000 West Virginians could possibly become newly insured under the Patient Protection and Affordable Care Act and many of these citizens live in rural areas; and

            Whereas, The West Virginia Rural Health Association released its 2012 report “Health Care in West Virginia: A Workforce Analysis” providing an inventory of West Virginia’s health care workforce and also held community forums across the state to collect feedback on the state’s rural health workforce needs; and

            Whereas, Building a strong health care system across West Virginia will not only improve community health and quality of life but also foster economic development; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study West Virginia’s rural health workforce and potential strategies for improving rural West Virginians’ access to health care; 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.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 122) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

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

            Delegates Folk, Kump, Faircloth, Eldridge, Butler, Cadle, Lynch, J. Nelson, Householder, R. Phillips, Stephens, Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Barill, Barrett, Border, Campbell, Canterbury, Cooper, Diserio, Ellington, A. Evans, D. Evans, Ferns, Fleischauer, Frich, Gearheart, Hamilton, Hamrick, Hartman, Hunt, Iaquinta, Ireland, Jones, Lane, Longstreth, Manypenny, Marcum, Marshall, Miley, Miller, Moore, Morgan, E. Nelson, O’Neal, Overington, Pasdon, Paxton, Perdue, Perry, L. Phillips, M. Poling, Poore, Raines, Reynolds, Romine, Rowan, Shott, Skaff, P. Smith, R. Smith, Sobonya, Sponaugle, Staggers, Storch, Stowers, Sumner, Swartzmiller, Mr. Speaker , Mr. Thompson, Tomblin, Walker, Walters, Westfall, White, Williams, and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 31 - “Expressing support of the House of Delegates urging Congress to enact legislation to revoke the policy of extending ‘trusted traveler’ status under the Global Entry program to Saudi Arabian travelers.”

            Whereas, The Global Entry program was launched in 2008 to expedite preapproved passengers through the airport customs and security process when they arrive in the United States; and

            Whereas, Saudi Arabia’s Minister of the Interior Prince Mohammed bin Naif and U.S. Secretary of Homeland Security Janet Napolitano recently signed an agreement on arrangements relating to the implementation of a program of the “Trusted Traveler” between the two countries; and

            Whereas, According to the terms of this agreement United States Customs and Border Protection’s “Trusted Traveler” program, Global Entry, will be implemented with respect to Saudi Arabian travelers; and

            Whereas, Global Entry streamlines the screening process at airports for trusted travelers, allowing customs authorities to focus on those travelers they know less about; and

            Whereas, Only an exclusive handful of countries enjoy inclusion in the Global Entry program, including countries such as Canada, Mexico, South Korea and the Netherlands; and

            Whereas, The increased scrutiny upon air travel and air passengers is a direct consequence of the terror attacks upon the United States which took place on September 11, 2001; and

            Whereas, Fifteen of the nineteen terrorists who took part in those attacks were citizens of the Kingdom of Saudi Arabia; and

            Whereas, Common sense and prudent policy would dictate that the citizens of a country which provided an overwhelming majority of the personnel responsible for the most deadly attack in American history should be subject to a higher standard of scrutiny than the citizens of other realms; and

            Whereas, It appears that the United States government has given undue favor to the kingdom of Saudi Arabia with this agreement; and

            Whereas, This policy appears to us to be imprudent and unsound; therefore, be it

            Resolved by the House of Delegates: 

            That the House of Delegates hereby strongly urges the United States Congress to enact legislation to revoke the policy of extending “trusted traveler” status under the Global Entry program to Saudi Arabian travelers; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the United States, the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, and each member of West Virginia’s congressional delegation.

            Delegate Boggs and Mr. Speaker, Mr. Thompson offered the following resolution, which was read by the Clerk as follows:

            H. R. 32 - “Honoring the service and contributions of Governor William Gaston Caperton III to the youth of West Virginia.”

            Whereas, William Gaston Caperton III was born February 21, 1940, in Charleston, West Virginia; and

            Whereas, Gaston Caperton graduated from the University of North Carolina at Chapel Hill, and then returned to Charleston to manage his family-owned insurance firm; and

            Whereas, Gaston Caperton later became the principal owner of the insurance firm, turning it into one of the largest privately-owned insurance brokerage firms in the country; and

            Whereas, Gaston Caperton was elected the Thirty-first Governor of West Virginia in November 1988 and served as Governor of West Virginia from 1989 until 1997; and

            Whereas, During his service as Governor, Gaston Caperton distinguished himself as a model of fiscal responsibility and an innovator of education reform, resulting in him being named as the Chair of the Democratic Governors Association; and

            Whereas, During his term as Governor, Gaston Caperton was instrumental in championing causes and programs of the Ohio-West Virginia Youth Leadership Association; and

            Whereas, These achievements include continued and increased funding of the Governor's Youth Opportunity Camp at Camp Horseshoe for low income 7- to 12-year-old West Virginia boys and girls, enabling at-risk children to turn their lives to achievement in school, career, more healthy living, and citizenship; and

            Whereas, As Governor, Gaston Caperton was instrumental in obtaining a grant from the Appalachian Regional Commission to extend youth leadership programming into more West Virginia schools and communities; and

            Whereas, Gaston Caperton led the creation of the Institute for IDEAS at Camp Horseshoe as a residential alternative school for talented West Virginia 8th and 9th graders who were failing in school and often life, motivating and preparing more than 85% of the students to return home to succeed in school and life; and

            Whereas, Gaston Caperton was an integral partner in the Youth in Government Model Legislature program, which provides students with live on-hands experience in the workings of state government; and

            Whereas, After completing two terms as Governor, Gaston Caperton taught at Harvard University, and was a founder of the Institute on Education and Government at Columbia University; and

            Whereas, In 1999, Gaston Caperton became president of the College Board, which administers the SAT and AP tests; and

            Whereas, Gaston Caperton left the College Board in 2012 in order to return to Charleston; and

            Whereas, Gaston Caperton's contributions to the Youth of West Virginia have been known to generations and will be felt by generations to follow; and

            Whereas, Gaston Caperton's accomplishments are being recognized on April 4, 2013, as the 10th recipient of the Lewis N. McManus Spirit of the Mountains Award, an impressive designation previously received by Jessica Lynch, Cecil Underwood, John D. Rockefeller IV, Bill Raney, Gayle Manchin and James H. “Buck” Harless, among others; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby recognizes and commends the contributions of Governor William Gaston Caperton III to the causes of young people, distressed youth, and programs to enhance their lives and education; and, be it

            Further Resolved, That the House of Delegates expresses its congratulations to Governor Caperton in being selected for this significant award; and, be it

            Further Resolved, That the Legislature joins with the Youth Leadership Association in recognizing and thanking Governor Caperton for his service to the People of West Virginia; and, be it

            Further Resolved, That the Clerk of the House provide copies of this award to Governor William Gaston Caperton III and the Youth Leadership Association.

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 32) to a committee was dispensed with, and it was taken up for immediate consideration.

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

            The yeas and nays having been ordered, they were taken (Roll No. 202), 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: Marshall and J. Nelson.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 32) 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. 108, The “Army Specialist Fourth Class Tommy Joe Belcher Memorial Bridge”,

            S. C. R. 11, Requesting DOH name portion of State Route 214 “Army Pvt. Parker Meikle Memorial Road”,

            S. C. R. 12, Requesting DOH name section of Lick Creek Road in Boone County “PFC Randall Bruce Miller Memorial Road”,

            S. C. R. 18, Requesting DOH name portion of State Route 20 in Wyoming County “David and Janet Lee Memorial Highway”,

            And,

            S. C. R. 34, Requesting DOH name bridge in Wayne County “Mavis Granny Castle Bridge”,

            And reports the same back with the recommendation that they each be adopted.

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

            Your Committee on Finance has had under consideration:

            S. B. 183, Updating terms in Corporation Net Income Tax Act,

            S. B. 571, Extending time Oceana City Council can meet as levying body,

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

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

            Your Committee on Education has had under consideration:

            Com. Sub. for S. B. 80, Including substitute teaching in job duties of certain professional educators employed by county boards,

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

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

            Your Committee on Education has had under consideration:

            Com. Sub. for S. B. 438, Authorizing reorganization of certain community and technical colleges,

            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 (Com. Sub. for S. B. 438) was referred to the Committee on Finance.

Messages from the Senate

            A message from the Senate, by

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

            Com. Sub. for S. B. 90 - “A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug and cause serious bodily injury to another person under certain circumstances; defining ‘serious bodily injury’; making technical corrections; and establishing penalties for first and subsequent violations of certain provisions”; 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. 117 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-11a, relating to creating a criminal offense of possession of burglar’s tools; and establishing penalties”; 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. 118 - “A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue a special I Support Veterans license plate; and establishing fees”; 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. 347 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6C-3-2a, relating to requiring the Public Employees Grievance Board in conjunction with the Division of Personnel to provide training seminars for chief administrators and persons who conduct level one hearings and conferences under the public employees’ grievance process; stating certain training requirements; requiring chief administrators and persons who conduct level one hearings and conferences to obtain certain training; and permitting a registration fee for the training”; 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. or S. B. 355 - “A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to the time final wages are required to be paid to discharged employees; authorizing payment by mail if requested by the employee; providing that employers pay an employee all wages he or she earned at the time of quitting if the employee gives written notice of his or her intention to quit at least one pay period before quitting; defining ‘business day’; and making other technical changes”; 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. 363 - “A Bill to amend and reenact §5A-3-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §5A-3-10d, §5A-3-60 and §5A-3-61, all relating to the Purchasing Division; clarifying the powers and duties of the director under the direction and supervision of the Administration Secretary; prohibiting the Purchasing Division from using the secondary bid process commencing July 1, 2013; requiring annual purchasing training for executive branch officials; creating a Purchasing Task Force; study and reporting requirements for the task force; and expense reimbursement for legislative members of the task force”; 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. 365 - “A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to the expungement of certain criminal convictions generally; permitting expungement of certain felony convictions; establishing the amount of time after conviction of a felony before expungement may be sought; creating exceptions; clarifying that retirement or employment benefits lost due to conviction are not reinstated due to expungement; declaring that expungement does not preclude a person who has received an expungement from being subject to sentencing enhancements for second and subsequent violations; declaring that information in State Police database sufficient to prove existence of prior convictions; establishing a fee to offset State Police costs associated with administering this section and the Criminal Identification Bureau; establishing a special revenue account in the State Treasury for funds received; and allowing funds to not expire”; 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. 378 - “A Bill to amend and reenact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931, as amended, all relating to adjusting the population line upon which salaries for magistrates and certain magistrate employees are calculated; providing an effective date; and providing that the adjustments are retroactive to January 1, 2013”; which was referred to the Committee on Government Organization then 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

            Com. Sub. for S. B. 401 - “A Bill to amend and reenact §30-13-6, §30-13-13, §30-13-15 and §30-13-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-13-13a, all relating to the Board of Registration for Professional Engineers and the requirements for registration and certification of engineers, engineer interns and engineering businesses; providing for compensation of, and reimbursement for, members of the board at same rate as legislative interim pay; providing for registration of engineers generally; adding additional classifications of registration; setting forth qualifications for engineer interns; establishing designations for engineers ineligible to practice; updating examination provisions to comport with changes at the national level; providing emergency rule-making authority to comply with changes in standardized tests; and clarifying the certificate of authorization requirements”; 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

            S. B. 403 - “A Bill to amend and reenact §51-9-4 of the Code of West Virginia, 1931, as amended, relating to the judicial retirement system; reducing the contribution rate of judges; authorizing the Consolidated Public Retirement Board to annually establish future participant contribution rates based on the State Actuary’s report; and limiting the participant contribution rate to ten and one-half percent of a participant’s salary”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 426 - “A Bill to amend and reenact §46-9-510, §46-9-516 and §46-9-521 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46-9-516a, all relating to amending the Uniform Commercial Code as to secured transactions; providing for the effectiveness of filed records; creating additional authority to refuse to accept a record for filing; creating circumstances under which a record filing is false; providing criminal penalties for filing or attempting to file a false record; providing civil penalties for filing or attempting to file a false record; setting forth an administrative procedure initiated by the Secretary of State or a person identified as a debtor on a record; requiring party to an adverse administrative decision by the Secretary of State to file action in Kanawha County Circuit Court if the party wishes to have the Secretary of State’s decision reversed; exempting the filing office and its employees from liability; exempting filings by a regulated financial institution or its representatives from certain provisions; and clarifying the applicability of provisions to records filed prior to the effective date of this article”; 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. 437 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating regulations for commercial dog-breeding operations; providing definitions; providing exceptions; allowing commercial breeders to sell dogs only as household pets; requiring a business license if required by the locality; authorizing county commissions to charge a fee to a commercial dog breeder to obtain an annual permit to operate; limiting the amount of the fee; setting forth responsibilities of the commercial dog breeder; setting forth the requirements for maintaining adequate enclosures; providing for inspections; prohibiting a commercial dog breeder to operate if convicted of animal cruelty; providing no exemption for United States Department of Agriculture licensees; and providing criminal penalties”; 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. 444 - “A Bill to amend and reenact §12-1-12d of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-1 and §18B-2A-3 of said code; to amend and reenact §18B-7-11 of said code; to amend and reenact §18B-19-10 of said code; and to amend said code by adding thereto a new section, designated §18B-19-19, all relating to higher education generally; increasing the amounts that Marshall University and West Virginia University may have invested with their respective foundations under certain conditions; authorizing certain actions by certain state institutions of higher education regarding capital projects and facilities and capital project financing; exempting compensation packages of certain institutional presidents from certain approval process; clarifying that certain members of institutional governing boards are eligible to succeed themselves under certain conditions; collecting, synthesizing and disseminating data from state institutions of higher education; directing institutional boards of governors to cooperate in certain data-related operations; providing certain privacy protections for data; exempting the West Virginia Policy Commission and West Virginia Council for Community and Technical College Education from meeting certain employee ratios; authorizing the use of proceeds from rentals and leases of real property at state institutions of higher education and providing for the transfer of real property to other public bodies; and exempting certain institutional boards of governors from certain approval process related to capital facilities and requiring certain reports”; 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. 451 - “A Bill to amend and reenact §29-3-16a of the Code of West Virginia, 1931, as amended, relating to carbon monoxide detectors in residential units; and clarifying that carbon monoxide detectors are not required unless a structure contains fuel-burning appliances or equipment that emit carbon monoxide byproducts”; 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. 454 - “A Bill to amend and reenact §11-14C-2, §11-14C-5, §11-14C-9, §11-14C-10, §11-14C-13 and §11-14C-19 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-14C-6a; to amend and reenact §11-15-18b of said code; and to amend and reenact §11-15A-13a of said code, all relating to the taxation of alternative fuel; defining terms; requiring the Tax Commissioner to determine the gasoline gallon equivalent for alternative fuels; imposing tax on motor fuel equivalent gallons; specifying the point of imposition of tax on alternative fuels not otherwise taxed at the point of imposition; providing that propane used in a motor vehicle is subject to the tax; requiring alternative-fuel bulk end users, providers of alternative fuels and retailers of alternative fuels to be licensed; establishing bonding requirements for alternative-fuel bulk end users, providers of alternative fuels and retailers of alternative fuels; establishing due dates for returns and payments of tax on alternative fuels; and specifying effective dates for amendments”; 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

            S. B. 458 - “A Bill to amend and reenact §5-16-3 of the Code of West Virginia, 1931, as amended, relating to permitting the Director of the Public Employees Insurance Agency to operate any of the agency’s health benefits plans on a calendar year if it is financially advantageous; and providing that financial plans shall continue to be on a fiscal-year basis.”

            At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 458) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            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. 474 - “A Bill to amend and reenact §36-8-2 of the Code of West Virginia, 1931, as amended, relating to clarifying that there must be five years of continuous inactivity of a noninterest-bearing demand, savings or time deposit before it may be presumed to be abandoned for unclaimed property purposes; and clarifying that there must be seven years of continuous inactivity of an interest-bearing demand, savings or time deposit before it may be presumed to be abandoned for unclaimed property purposes”; which was referred to the Committee on Banking and Insurance 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. 478 - “A Bill to amend and reenact §29-22A-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22B-332 of said code; and to amend and reenact §29-25-2 and §29-25-24 of said code, all relating to deleting those video lottery games that allow players an option to select replacement symbols or numbers or additional symbols or numbers after the game is initiated and in the course of play from the definition of ‘video lottery game’; deleting prohibition against game themes commonly associated with casino gambling; and permitting certain employees of an historic resort hotel to wager at the gaming facility of that historic hotel”; 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. 481 - “A Bill to amend and reenact §27-4-1 of the Code of West Virginia, 1931, as amended, relating to juvenile mental health, intellectual disability and addiction; permitting acceptance of a notarized application in lieu of in-person application for certain voluntary hospitalization; allowing use of article five, chapter twenty-seven of said code for juveniles in certain situations; requiring parents or guardians to transport minors for voluntary hospitalization; creating exceptions to that requirement by affidavit to circuit court, mental hygiene commissioner or magistrate court; requiring transfer by county sheriff upon order of circuit court, mental hygiene commissioner or magistrate court; and requiring mental health facilities to make their application immediately accessible in certain situations”; 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. 490 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5 and §19-34-6, all relating to the regulation of equine boarding facilities; permitting rulemaking; and establishing criminal penalties”; 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. 492 - “A Bill to repeal §29-25-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-25-1, §29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-9, §29-25-12, §29-25-15, §29-25-18, §29-25-19, §29-25-20, §29-25-21, §29-25-24, §29-25-28, §29-25-29, §29-25-30, §29-25-31, §29-25-32, §29-25-34, §29-25-35, §29-25-37 and §29-25-38 of said code; and to amend said code by adding thereto two new sections, designated §29-25-22b and §29-25-22c, all relating to gaming facilities; authorizing gaming facilities; permitting a rural resort community as limited gaming facility; defining terms; creating the Rural Resort Community Fund and Rural Resort Community Human Resource Benefit Fund; providing for the regulation and control of a rural resort community; and repealing the local option provision of this article”; 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

            Com. Sub. for S. B. 493 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3, §17A-13-4 and §17A-13-5, all relating generally to standards for conversion and retrofits of alternative-fuel motor vehicles; defining key terms for such standards; setting forth conversion and retrofit standards for the conversion of diesel and gasoline vehicles to alternative fuels; and setting forth training requirements for facilities converting and retrofitting vehicles to be capable of running on compressed natural gas”; 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. 504 - “A Bill to repeal §19-4-26 and §19-4-30 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-4-1, §19-4-2, §19-4-6, §19-4-10, §19-4-19, §19-4-21 and §19-4-29 of said code, all relating to cooperative associations; permitting three or more persons producing agricultural products to form a profit or nonprofit cooperative association; providing that certain credit union provisions apply; permitting the association be managed by not fewer than three directors; requiring cooperative associations file annual reports with the Secretary of State; requiring the term cooperative or its abbreviation be in the name of the association; prohibiting a farmer’s marketing association from using the term cooperative or its abbreviation as part of its name unless certain conditions are met; stating that the business corporation or nonprofit corporation laws apply to cooperatives; clarifying definitions; and clarifying articles of incorporation and directors of cooperative associations”; 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. 509 - “A Bill to amend and reenact §33-22-2 of the Code of West Virginia, 1931, as amended, relating to farmers' mutual fire insurance companies; providing for verification of debris removal prior to the payment of proceeds; imposing a statutory lien on fire insurance proceeds in the event of a total loss to real property; requiring farmers' mutual fire insurance companies to notify insured and municipality or county after determining that a claim involves a total loss to real property; requiring a municipality or county to perfect the lien within thirty days of notice of a total-loss determination; providing for release of the lien upon satisfaction of certain conditions; and clarifying obligations and liability”; which was referred to the Committee on Banking and Insurance 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. 521 - “A Bill to amend and reenact §17B-3-3c and §17B-3-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17B-3-9a, all relating to creating an amnesty program for certain persons with suspended or revoked licenses to allow reinstatement; establishing a time period and certain procedures for the amnesty program; creating exceptions to the amnesty period; making certain technical corrections; requiring certain tickets amnestied remain listed as unsatisfied on court records and amounts remain due; requiring certain suspension or revocation time remaining be waived in certain situations; requiring a public awareness campaign regarding the amnesty program; and providing for rule-making authority”; 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. 580 - “A Bill to amend and reenact §30-4-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-4-13a, all relating to the practice of dentistry; and updating the requirements for dental intern, dental resident and dental teaching permits”; which was referred to the Committee on Health and Human Resources.

            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. 594 - “A Bill to amend and reenact §14-2-13a and §14-2-16 of the Code of West Virginia, 1931, as amended, all relating to procedures for certain claims against the state; detailing the process for claims for unjust arrest and imprisonment or conviction and imprisonment; stating legislative intent; requiring certain notice of claims; establishing the burden of proof necessary; permitting the court of claims to determine the amount of relief granted; stating the burden of proving damages; and permitting the court to call expert witnesses in certain situations”; 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. 599 - “A Bill to amend and reenact §29-6-4 of the Code of West Virginia, 1931, as amended, relating to expanding the number of hours temporary state personnel may work in a calendar year”; 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. 615 - “A Bill to amend and reenact §29-22A-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact 29-22C-8 of said code, all relating to providing for distribution of certain amounts of gross terminal income derived from racetrack video lottery terminals; and amending the table game license renewal fee for West Virginia pari-mutuel racetracks”; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 656 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22A-20, relating to establishing a gaming industry special study committee to assess problems facing the gaming industry in West Virginia”; 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. 664 - “A Bill supplementing and amending by decreasing the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Governor’s Office, fund 0101, fiscal year 2013, organization 0100, to the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2013, organization 0100, to the West Virginia Conservation Agency, fund 0132, fiscal year 2013, organization 1400, to the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2013, organization 0201, to the Department of Administration, Division of Finance, fund 0203, fiscal year 2013, organization 0209, to the Department of Administration, Division of General Services, fund 0230, fiscal year 2013, organization 0211, to the Department of Administration, Division of Purchasing, fund 0210, fiscal year 2013, organization 0213, to the Department of Administration, Travel Management, fund 0615, fiscal year 2013, organization 0215, to the Department of Administration, Public Employees Insurance Agency, fund 0200, fiscal year 2013, organization 0225, to the Department of Administration, Real Estate Division, fund 0610, fiscal year 2013, organization 0233, to the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2013, organization 0307, to the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2013, organization 0310, to the Department of Education, State Department of Education, fund 0313, fiscal year 2013, organization 0402, to the Department of Education, West Virginia Schools for the Deaf and the Blind, fund 0320, fiscal year 2013, organization 0403, to the Department of Education and the Arts - Office of the Secretary, fund 0294, fiscal year 2013, organization 0431, to the Department of Education and the Arts, Division of Culture and History, fund 0293, fiscal year 2013, organization 0432, to the Department of Education and the Arts, Library Commission, fund 0296, fiscal year 2013, organization 0433, to the Department of Education and the Arts, Educational Broadcasting Authority, fund 0300, fiscal year 2013, organization 0439, to the Department of Environmental Protection, Division of Environmental Protection, fund 0273, fiscal year 2013, organization 0313, to the Department of Health and Human Resources - Office of the Secretary, fund 0400, fiscal year 2013, organization 0501, to the Department of Health and Human Resources, Division of Health - Central Office, fund 0407, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Human Rights Commission, fund 0416, fiscal year 2013, organization 0510, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2013, organization 0601, to the Department of Miliary Affairs and Public Safety, Adjutant General - State Militia, fund 0433, fiscal year 2013, organization 0603, to the Department of Military Affairs and Public Safety, Adjutant General - Military Fund, fund 0605, fiscal year 2013, organization 0603, to the Department of Military Affairs and Public Safety, Division of Homeland Security and Emergency Management, fund 0443, fiscal year 2013, organization 0606, to the Department of Military Affairs and Public Safety, Division of Corrections - Central Office, fund 0446, fiscal year 2013, organization 0608, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 0453, fiscal year 2013, organization 0612, to the Department of Miliary Affairs and Public Safety, Division of Justice and Community Services, fund 0546, fiscal year 2013, organization 0620, to the Department of Military Affairs and Public Safety, Division of Protective Services, fund 0585, fiscal year 2013, organization 0622, to the Department of Revenue, Office of the Secretary, fund 0465, fiscal year 2013, organization 0701, to the Department of Revenue, Tax Division, fund 0470, fiscal year 2013, organization 0702, to the Department of Revenue, State Budget Office, fund 0595, fiscal year 2013, organization 0703, to the Department of Revenue, West Virginia Office of Tax Appeals, fund 0593, fiscal year 2013, organization 0709, to the Department of Transportation, State Rail Authority, fund 0506, fiscal year 2013, organization 0804, to the Department of Transportation, Division of Public Transit, fund 0510, fiscal year 2013, organization 0805, to the Department of Transportation, Public Port Authority, fund 0581, fiscal year 2013, organization 0806, to the Department of Transportation, Aeronautics Commission, fund 0582, fiscal year 2013, organization 0807, to the Department of Veterans’ Assistance, fund 0456, fiscal year 2013, organization 0613, to the Department of Veterans’ Assistance - Veterans’ Home, fund 0460, fiscal year 2013, organization 0618, and to the West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2013, organization 0420, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013”; which was referred to the Committee on Finance.

Special Calendar

Unfinished Business

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

            S. C. R. 7, Designating Hall Flintlock Model 1819 official state firearm,

            S. C. R. 9, Requesting DOH name bridge in Boone County “Naval Chief Boatswain Fred L. Byrnside and Army Captain Dora Jo Chambers Byrnside Memorial Bridge”,

            Com. Sub. for S. C. R. 13, Requesting DOH name bridge in Lewis County “J. Cecil Jarvis Memorial Bridge”,

            H. C. R. 83, Requesting a study on viable alternatives to placing children in maximum security environments,

            H. C. R. 104, Recognizing the many contributions made by citizens of the Republic of Azerbaijan and that it is in the best interest of the State of West Virginia to promote relationships with the Azerbaijani people,

            H. C. R. 110, The “Boyd Leon Parsons Memorial Bridge”,

            And,

            H. C. R. 111, Requesting the Division of Highways to build the bridge on County Route 65/03 located near Tug Valley High School in Naugatuck, Mingo County.

            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 S. B. 430, Defining “employment term” in Teachers’ Defined Contribution Retirement System; 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. 203), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Hartman, Marshall and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 430) passed.

            On motion of Delegate White, the title of the bill was amended to read as follows:

            Com. Sub. for S. B. 430 - “A Bill to amend and reenact §18-7B-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7B-21, all relating to the Teachers’ Defined Contribution Retirement System; adding a definition of employment term; and providing for correction of errors by participating public employers and the Consolidated Public Retirement Board.”

            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 S. B. 431, Relating to public employer liability for delinquent retirement contributions; 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. 204), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Hartman, Marshall and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 431) passed.

            On motion of Delegate White, the title of the bill was amended to read as follows:

            Com. Sub. for S. B. 431 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-11, relating to the liability of a participating public employer and its successor to pay delinquent retirement contributions, delinquency fees and related costs; and providing for enforcement and collection of the costs by the Consolidated Public Retirement Board”.

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

            On this question, the yeas and nays were taken (Roll No. 205), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Hartman, Marshall and 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 S. B. 431) 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 S. B. 448, Increasing number of demonstration dealer plates issued to large commercial vehicle dealers; 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. 206), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Hartman, Marshall and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 448) 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. 2776, Increasing certain filing fees in certain civil actions; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.

            H. B. 2818, Relating to the Teachers' Defined Contribution Retirement System; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.

            H. B. 2822, Holding liable any participating public employer owing delinquent retirement contributions; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.

            H. B. 2859, Authorizing the Commissioner to issue no more than ten additional special demonstration plates used by new and used dealers of larger commercial type vehicles; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.

Second ReadingS. B. 383, Authorizing family court judges appoint counsel in certain contempt cases; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 412, Relating to removal of elected county conservation district supervisors from office; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Miley, the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof, the following:

            “That §19-21A-6 and §19-21A-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 21A. CONSERVATION DISTRICTS.

§19-21A-6. Election of supervisors for each district; filling vacancies.

            (a) Each county in a district shall elect two nonpartisan supervisors: Provided, That any county with a population of one hundred thousand based on the most recent decennial census shall elect one additional supervisor and any county with a population over one hundred thousand based on the most recent decennial census shall elect one additional supervisor for each fifty thousand residents over one hundred thousand.

            (b) A candidate for supervisor must be a landowner and an active farmer with a minimum of five years’ experience or a retired farmer who has had a minimum of five years’ experience and must have the education, training and experience necessary to carry out the duties required by this article. The State Conservation Committee shall propose for promulgation in accordance with the requirements of article three-a, chapter twenty-nine of this code legislative rules to establish criteria for the necessary education, training and experience.

            (c) All registered voters in the district are eligible to vote in the election for candidates from the county within the boundaries of the district in which the voter resides. The candidates in each county who receive the largest number of votes cast in the election shall be elected supervisors for that county.

            (d) Supervisors shall be elected in the general election to be conducted in the year 2008 as nonpartisan candidates. After that, Supervisors shall be elected in the primary election. The term of office for the candidate for supervisor receiving the highest number of votes in the general election of 2008 is four years; the candidate for supervisor receiving the second highest number of votes in the general election of 2008 is two years. In counties where more than two supervisors are elected in the general election of 2008, the two supervisors receiving the highest number of votes serve for four years and the remaining supervisor or supervisors serve for two years. Terms of office for supervisors elected after that are four years. Supervisors shall be elected in the primary election and serve a term of four years. The provisions of chapter three of this code apply to election of supervisors.

            (e) Persons holding the position of supervisor, regardless of the expiration of the designated term of office, continue to serve until the election and qualification of his or her successor.

            (f) Any vacancy occurring in the office of supervisor shall be filled by the committee by appointment of a person from the county in which the vacancy occurs. Within fifteen days after the vacancy occurs, the district shall submit a list of names of persons qualified to be a supervisor. If the unexpired term is for less than two years and two six months, the appointed person holds office until the expiration of the term. If the unexpired term is for more than two years and two six months, the appointed person holds the office until a successor is elected in the next primary or general election and qualified.

§19-21A-7. Supervisors to constitute governing body of district; qualifications and terms of supervisors; powers and duties; removal.

            (a) The governing body of the district consists of the supervisors, appointed or elected, as provided in this article. The supervisors shall be persons who are by training and experience qualified to perform the specialized skilled services which are required of them in the performance of their duties under this section and shall be legal residents and landowners in the district.

            (b) The supervisors shall designate a chairperson and may, from time to time, change the designation. On and after the election of supervisors in 2008, the term of office of each elected supervisor is four years. A supervisor holds office until his or her successor has been elected or appointed. In case a new county is added to a district, the committee may appoint two supervisors to represent the county until the next regular election of supervisors for the district takes place.

            (c) A supervisor is entitled to reasonable and necessary expenses and a per diem of not more than $150 nor less than $30 when engaged in the performance of his or her duties. The expense and per diem rate shall be established by the state committee based on availability of funds.

            (d) The supervisors may, with the approval of the State Conservation Committee, employ a secretary, dam monitors, technical experts and any other officers, agents and employees, permanent and temporary, either with or without compensation, as they may require and shall determine their qualifications, duties and compensation, if any. Dam monitors, as specified in any emergency action plan or monitoring plan approved by the Department of Environmental Protection pursuant to its dam safety rules, pertaining to a flood control structure operated or maintained by a soil conservation district and any other employees, agents or officers employed pursuant to this section are ‘employees’ of the district within the meaning of subsection (a), section three, article twelve-a, chapter twenty-nine of this code.

            (e) The supervisors may delegate to their chairperson, to one or more supervisors or to one or more agents, or employees, those administrative powers and duties they consider proper. The supervisors shall furnish to the State Conservation Committee, upon request, copies of the ordinances, rules, orders, contracts, forms and other documents they adopt or employ and any other information concerning their activities required in the performance of State Conservation Committee’s duties under this article.

            (f) The supervisors shall:

            (1) Require the execution of surety bonds for all employees and officers who are entrusted with funds or property;

            (2) Provide for the keeping of a full and accurate record of all proceedings and of all resolutions, rules and orders issued or adopted; and

            (3) Provide for an annual audit of the accounts of receipts and disbursements.

            (g) Any supervisor may be removed by the state Conservation Committee upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason from office pursuant to section seven, article six, chapter six of this code.

            (h) The supervisors may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of a district on all questions of program and policy which may affect the property, water supply or other interests of the municipality or county.”

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 421, Exempting certain school mascot from prohibition of firearms possession on school grounds; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 463, Increasing special license fee paid by pipeline companies to PSC; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Boggs, the bill was then amended by striking out everything following the enacting clause and inserting in lieu thereof the provisions of H. B. 2722.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 638, Terminating certain severance tax exemption for production of natural gas or oil; 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 Manchin and Ireland, and the rule was suspended to permit the consideration of the amendment on that 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 read a second time and ordered to third reading.

First Reading

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

            Com. Sub. for S. B. 71, Requiring descriptions of easements and rights-of-way include width in addition to centerline; exception,

            Com. Sub. for S. B. 145, Amending election complaint procedures,

            And,

            Com. Sub. for S. B. 435, Continuing Municipal Home Rule Pilot Program.

Leaves of Absence

            At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Marshall and J. Nelson.

Miscellaneous Business

            Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Marcum regarding the recent death of Mingo County Sheriff Eugene Crum be printed in the Appendix to the Journal.

            At 12:09 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, April 5, 2013.

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