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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)
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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



__________*__________



 

Monday, April 8, 2013

FIFTY-FIFTH DAY

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

 

 

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

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

            The Clerk proceeded to read the Journal of Friday, April 5, 2013, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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. 98, Requesting a study on the feasibility of obtaining a waiver of the federal requirement relating to state/federal matching highway funds based on a proposed funding model,

            H. C. R. 105, Requesting a study on the necessity of hiring additional fraud investigators for the Department of Health and Human Resources and the Medicaid Fraud Control Unit,

            And,

            H. C. R. 118, The “U.S. Marine Corps PFC Daniel L. Edwards Memorial Bridge”,

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

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

            Your Committee on Rules has had under consideration:

            H. C. R. 102, The “Michael A. Oliverio, Sr. Interchange”,

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

            Com. Sub. for H. C. R. 102 - “Requesting that the Star City interchange at Exit 155 of Interstate 79 in Morgantown, Monongalia County, West Virginia be named the ‘Michael A. Oliverio, Sr. Interchange’,”

            And,

            H. C. R. 106, The “O. Winston Link Trail”,

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

            Com. Sub. for H. C. R. 106 – “Requesting the Division of Highways to strive to attempt to identify a qualified sponsor and provide technical assistance in pursuing a Transportation Enhancement Grant to place and maintain markers at a trail of specific sites in West Virginia representing the locations photographed by O. Winston Link to highlight and celebrate the Norfolk and Western Railroad steam engine heritage in West Virginia and to name the trail of sites the ‘O. Winston Link Trail’,”

            With the recommendation that the committee substitutes each be adopted.

            Chairman Wells, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 5th day of April 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

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

            (Com. Sub. for H. B. 2784), Relating to the Deputy Sheriff Retirement System Act,

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

            And,

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

            Delegate Walker, Chair of the Committee on Agriculture, submitted the following report, which was received:

            Your Committee on Agriculture has had under consideration:

            S. B. 470, Permitting wine sale on Sunday mornings at fairs and festivals,

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

            In accordance with the former direction of the Speaker, the bill (S. B. 470) was referred to the Committee on the Judiciary.

            Delegate Craig, Chair of the Committee on Natural Resources, submitted the following report, which was received:

            Your Committee on Natural Resources has had under consideration:

            Com. Sub. for S. B. 493, Providing standards for converting and retrofitting motor vehicles to alternative fuels,

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

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 493) was referred to the Committee on the Judiciary.

            Delegate Pethtel, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            S. B. 65, Exempting PERS retirement income of DNR police officers from state income tax,

            S. B. 403, Relating to judicial retirement system contribution rates,

And,

            Com. Sub. for S. B. 469, Clarifying service credit for certain PERS members,

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

            In accordance with the former direction of the Speaker, the bills (S. B. 65, S. B. 403 and Com. Sub. for S. B. 469) were each referred to the Committee on Finance.

            Delegate Pethtel, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            S. B. 507, Relating to PERS and State Police Retirement System contribution rates,

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

            In accordance with the former direction of the Speaker, the bill (S. B. 507) was referred to the Committee on the Judiciary.

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

            Your Committee on Banking and Insurance has had under consideration:

            S. B. 509, Imposing statutory liens on certain fire insurance proceeds,

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

            In accordance with the former direction of the Speaker, the bill (S. B. 509) was referred to the Committee on the Judiciary.

            Delegate Hunt, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            S. B. 561, Establishing Tucker County Cultural District Authority,

            And,

            S. B. 658, Extending time for Madison City Council to meet as levying body,

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

            In accordance with the former direction of the Speaker, the bills (S. B. 561 and S. B. 658) were each referred to the Committee on Government Organization.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            S. B. 354, Requiring study on alternative revenue sources for funding state roads,

            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 (S. B. 354) was referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            S. B. 387, Relating to family court judge supervision of criminal background investigations,

            And,

            Com. Sub. for S. B. 534, Correcting internal code reference regarding insurance information disclosure,

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

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 146, Collecting unpaid magistrate court charges through income tax refund withholding,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 146) was referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 172, Relating to nonintoxicating beer distributor licensees,

            Com. Sub. for S. B. 482, Relating to sale of voter registration lists,

            And,

            Com. Sub. for S. B. 492, Authorizing “rural resort community” as limited gaming facility,

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

            In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 172, Com. Sub. for S. B. 482 and Com. Sub. for S. B. 492) were each referred to the Committee on Finance.

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

            Your Committee on Finance has had under consideration:

            H. B. 2541, Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services,

            And,

            S. B. 208, Making supplementary appropriation from State Fund, General Revenue, to Department of Commerce, Division of Labor, and DHHR, Division of Human Services,

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

            At the respective requests of Delegate Boggs, and by unanimous consent, H. B. 2541 was taken up for immediate consideration, read a first time and ordered to second reading.

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

            Your Committee on Finance has had under consideration:

            H. B. 2538, Expiring, supplementing, amending, increasing, and adding items of appropriation in various accounts,

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

            Com. Sub. for H. B. 2538 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2013 in the amount of $3,500,000 from the Governor’s Office, Civil Contingent Fund, fund 0105, fiscal year 2009, organization 0100, activity 236, and in the amount of $1,500,000 from the State Election Commission, Supreme Court Public Campaign Financing Fund, fund 1690, fiscal year 2013, organization 1601, and in the amount of $2,500,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2013, organization 0201, and in the amount of $18,317,356.29 from the Department of Administration, Education, Arts, Sciences and Tourism Debt Service Fund, fund 2252, fiscal year 2013, organization 0211, and in the amount of $3,800,000 from the Department of Administration, Division of General Services, 2004 Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2013, organization 0211, and in the amount of $8,000,000 from the Department of Administration, Board of Risk and Insurance Management, Premium Tax Saving Fund, fund 2367, fiscal year 2013, organization 0218, and in the amount of $5,000,000 from the West Virginia Health Care Authority, Health Care Cost Review Authority Fund, fund 5375, fiscal year 2013, organization 0507, and in the amount of $2,000,000 from the Department of Health and Human Resources, Division of Human Services, Low Income Energy Assistance Program Fund, fund 5081, fiscal year 2013, organization 0511, and in the amount of $4,600,000 from the Department of Revenue, State Budget Office, Public Employees Insurance Reserve Fund, fund 7400, fiscal year 2013, organization 0703, and in the amount of $30,000,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2013, organization 0704, and in the amount of $14,736,022 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2013, organization 0705, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Division of Finance, fund 0203, fiscal year 2013, organization 0209, 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 Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2013, organization 0601, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2013, organization 0608, to the West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2013, organization 0420, and to the Higher Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2013, organization 0441, and to the Higher Education Policy Commission - Control Account, fund 0586, fiscal year 2013, organization 0442, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013,”

            With the recommendation that the committee substitute do pass.

            At the respective requests of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B. 2538) was taken up for immediate consideration, read a first time and ordered to second reading.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

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

Resolutions Introduced

            Delegates Skinner, Fleischauer, Poore, Barrett, Moore, Morgan, Perdue, Hunt, Marshall, Manypenny, Barill, Eldridge, Ferns, Pasdon, Paxton and Raines offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 131 - “Supporting the goals and ideals of the National Day of Silence in bringing attention to anti-lesbian, gay, bisexual and transgender name-calling, bullying and harassment faced by individuals in schools.”

            Whereas, The National Day of Silence is a day in which students take a vow of silence to bring attention to the anti-lesbian, gay, bisexual and transgender name-calling, bullying and harassment faced by individuals in schools. The Gay, Lesbian and Straight Education Network designates the third Friday of every April as the National Day of Silence. Hundreds of thousands of students at more than 8,000 schools have participated in the National Day of Silence in past years; and

            Whereas, The Gay, Lesbian and Straight Education Network’s 2011 National School Climate Survey illustrates the pervasive harassment and victimization faced by lesbian, gay, bisexual and transgender students by documenting their experiences within the preceding academic year. Nearly 82 percent of lesbian, gay, bisexual and transgender students reported being verbally harassed by their peers at school because of their sexual orientation and more than 60 percent because of their gender expression. More than 38 percent of lesbian, gay, bisexual and transgender students reported being physically harassed by their peers at school because of their sexual orientation, and over 27 percent because of their gender expression. Over 18 percent of lesbian, gay, bisexual and transgender students reported being physically assaulted by their peers at school because of their sexual orientation and more than 12 percent because of their gender expression. More than 60 percent of lesbian, gay, bisexual and transgender students reported that they felt unsafe in school and nearly 30 percent reported missing at least one entire school day in the preceding month because of safety concerns; and

            Whereas, Transgender students were more likely than all other students to report feeling unsafe at school because of their gender expression. According to the National Transgender Discrimination Survey, those who expressed a transgender identity or gender nonconformity while in grades K through 12 reported alarming rates of harassment, physical assault and sexual violence so severe that almost 15 percent of those surveyed had to leave school. Student academic performance is affected such that lesbian, gay, bisexual and transgender students who experienced high levels of verbal harassment because of their sexual orientation or gender expression report a grade point average nearly a half grade lower than those of lesbian, gay, bisexual and transgender students who experienced low levels of such harassment; and

            Whereas, The presence of supportive staff contributed to a range of positive indicators including fewer reports of missing school, fewer reports of feeling unsafe, greater academic achievement, higher educational aspirations, and a greater sense of school belonging. A growing number of cities and local education authorities in the state are adopting laws and policies to prohibit name-calling, bullying, harassment and discrimination against students on the basis of their sexual orientation and gender identity or expression; and

            Whereas, Every child should be guaranteed an education free from name-calling, bullying, harassment and discrimination regardless of his or her sexual orientation and gender identity or expression; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature supports the goals and ideals of the National Day of Silence; and, be it

            Further Resolved, That the Governor is requested to issue a proclamation calling on the people of the United States to observe the National Day of Silence with appropriate ceremonies, programs and activities; and, be it

            Further Resolved, That city, and local education authority in the state are encouraged to adopt laws and policies to prohibit name-calling, bullying, harassment and discrimination against students, teachers and other school staff regardless of their sexual orientation and gender identity or expression, so that the Nation’s schools are institutions where all individuals are able to focus on learning.

            Delegates Guthrie, Barrett, Hartman, Manchin, Morgan, Perry, R. Phillips, Reynolds and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 132 - “Requesting the Joint Committee on Government and Finance study whether insurers licensed to sell motor vehicle insurance in West Virginia should be prohibited from raising premiums after an insured person’s filing of a claim for an accident for which no insured person was at fault.”

            Whereas, The State of West Virginia requires owners and operators of motor vehicles, trailers, and semitrailers to maintain proof of ability to pay damages for liability arising out of the ownership, operation, maintenance or use of a motor vehicle, trailer or semitrailer on West Virginia’s roads and highways; and

            Whereas, The State of West Virginia requires owners and operators of motor vehicles, trailers and semitrailers to maintain insurance coverage for injuries or damaged caused by uninsured motorists; and

            Whereas, The State of West Virginia requires insurers licensed to sell motor vehicle insurance in West Virginia to offer to sell underinsured motorists coverage to persons who apply to purchase liability and uninsured motorists coverage; and

            Whereas, West Virginia owners and operators of motor vehicles, trailers and semitrailers ordinarily meet statutory requirements by purchasing liability insurance and uninsured motorists coverage, and commonly purchase other types of motor vehicle insurance, including, but not limited to, under insured motorists coverage and other coverages applicable to motor vehicle accidents in which the insured person is not at fault; and

            Whereas, It appears that some insurers believe that an insured person’s not-at-fault motor vehicle accident, and/or filing of a claim for a not-at-fault accident, increases the likelihood that the insured person will file future claims under the insurer’s policy; and

            Whereas, It appears that some insurers raise future premiums for a policy covering a person involved in or filing a claim for a not-at-fault accident, although it appears that other insurers do not raise future premiums for either reason; and

            Whereas, It appears that some persons involved in not-at-fault accidents, who have paid for insurance coverage applicable to not-at-fault accidents, do not file not-at-fault accident claims because they fear that the motor vehicle insurer will increase future premiums because of the not-at-fault accident; and

            Whereas, Some other states, including the neighboring State of Ohio, have enacted legislation to prohibit motor vehicle insurers from raising policy premiums because of an insured person’s not-at-fault accident claim; and

            Whereas, It appears that some, but not all, motor vehicle insurers in states that prohibit premium increases based on not-at-fault accidents have raised their premiums generally, to account for risk perceived to be presented by a not-at-fault accident; and

            Whereas, Of motor vehicle insurers now licensed to sell insurance in West Virginia, it does not appear that many, if any, would withdraw from this state if prohibited from increasing premiums based on an insured person’s not-at-fault accident or not-at-fault accident claim; and

            Whereas, Motor vehicle insurance is more expensive in West Virginia than in neighboring states, due in part to topography, a large deer population, and other factors beyond the control of insureds; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is requested to study whether insurers licensed to sell motor vehicle insurance in West Virginia should be prohibited from raising premiums after an insured person’s filing of a claim for an accident for which no insured person was at fault; and, be it

            Further Resolved, That the study take into account insurers’ assertions of an increased risk due to not-at-fault accidents and the concerns of persons who have paid for otherwise applicable insurance but feel constrained to seek benefits for fear of increased future premiums; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2014, on its findings, conclusions and recommendations together with drafts of any legislation 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.

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

            H. C. R. 133 - “Requesting that bridge number 50-64-2.03, the I-64 bridge that spans Twelve Pole Creek in Ceredo, Wayne County, West Virginia, be named the ‘James T. and Paul T. Billups Bridge’.”

            Whereas, James T. Billups, currently 81 years of age, has served as a member of the Ceredo Town Council for the last 37 years and is the official source of knowledge for most questions concerning infrastructure of the town; and

            Whereas, James T. Billups is widely considered the unofficial historian of all things Ceredo; and

            Whereas, James T. Billups’ father, Paul T. Billups, served as Mayor of Ceredo for twenty years, from 1947 through 1967; and

            Whereas, Paul T. Billups was a leader of the volunteer movement that started the “modernization” of Ceredo, personally installing much of the town infrastructure while serving as the unofficial patriarch of the town and solving many and varied problems of the residents nightly on his front porch; and

            Whereas, Both James and Paul Billups, were born in Ceredo, worked their entire lives in Ceredo, and lived substantially all their lives within feet of the I-64 Bridge in Ceredo; and

            Whereas, There is hardly a volunteer project that has been undertaken in Ceredo in the last sixty years in which one or both of the Billups, father and son, have not participated; and

            Whereas, Both men have enjoyed the respect of the citizenry, and for both men, love of the town of Ceredo has been paramount; and

            Whereas, It is fitting that this enduring memorial be established to commemorate the service and dedication to the town of Ceredo, West Virginia by Paul T. and James T. Billups; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 50-64-2.03, the I-64 bridge that spans Twelve Pole Creek in Ceredo, Wayne County, West Virginia, the “James T. and Paul T. Billups 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 “James T. and Paul T. Billups 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 Paul A. Billups, 4 Briarcliff Drive, Huntington, WV 25704.

            Delegates Guthrie, Fleischauer, Fragale, Iaquinta, Longstreth, Manypenny, Moore, Perdue, L. Phillips, Poore and Skaff offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 134 - “Requesting the Joint Committee on Government and Finance to study whether employees of the State of West Virginia whose salaries are not set by statute should be granted an annual salary increase of $1,000 per year.”

            Whereas, The State of West Virginia’s payment of salaries to its employees is a proper expense of state government, necessary to obtain the services of employees qualified to perform the duties and tasks undertaken by the state’s executive branch; and

            Whereas, In 2011 the Legislature amended W. Va. Code §6-7-2a to increase the salaries of certain appointive state officers; and

            Whereas, Although in 2008 the Legislature amended W. Va. Code §5-5-2, to raise from $50 to $60 the annual salary increases payable to state employees with three or more years of service, the levels of salaries paid by the state to employees whose salaries are not set by statute have not kept pace with the rising cost of living or with salaries paid to comparably qualified individuals employed in West Virginia’s private sector; and

            Whereas, Except for the 2011 increases granted to appointive state officers, salary increases for public employees, without regard to merit, seniority, promotion, years of service, or other reason particular to an employee, have been frozen for at least five years; and

            Whereas, The state has in recent years found it necessary to reduce the dollar value of, and increase public employees’ contributions to, public employee benefits, including, but not limited to, the costs of health plan coverage; and

            Whereas, In light of the state’s relatively low salary levels, inflation in the general economy, reduced public employee benefits, and public employees’ correspondingly increased costs, the state finds difficulty, and anticipates future difficulty, in attracting and hiring the most qualified individuals; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is asked to conduct a study of the need for legislation to grant an annual $1,000 salary increase to all public employees, without regard to merit, seniority, promotion, years of service or other reason particular to an employee; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2014, on its findings, conclusions and recommendations together with drafts of any legislation 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.

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

            H. C. R. 135 - “Proclaiming West Virginia as a Purple Heart State, honoring the service and sacrifices of our nation’s men and women in uniform wounded or killed by the enemy while serving to protect the freedoms enjoyed by all Americans.”

            Whereas, The people of the State of West Virginia have a great admiration and the utmost gratitude for all the men and women who have selflessly served their country and this state in the Armed Forces; and

            Whereas, Veterans have paid the high price of freedom by leaving their families and communities and placing themselves in harm’s way for the good of all; and

            Whereas, The contributions and sacrifices of the men and women from the State of West Virginia who served in the Armed Forces have been vital in maintaining the freedoms and way of life enjoyed by our citizens; and

            Whereas, Many men and women in uniform have given their lives while serving in the Armed Forces; and

            Whereas, Many citizens of our state have earned the Purple Heart Medal as a result of being wounded while engaged in combat with an enemy force, recognized as a singularly meritorious act of essential service; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature proclaims West Virginia as a Purple Heart State, honoring the service and sacrifices of our nation’s men and women in uniform wounded or killed by the enemy while serving to protect the freedoms enjoyed by all Americans. 

Special Calendar

Third Reading

            Com. Sub. for S. B. 71, Requiring descriptions of easements and rights-of-way include width in addition to centerline; exception; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

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

            Com. Sub. for S. B. 145, Amending election complaint procedures; 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. 218), 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: J. Nelson and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 145) passed.

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

            S. B. 458, Permitting PEIA health plans to operate on calendar-year basis; 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. 219), 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: J. Nelson and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 458) passed.

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

            S. B. 458 - “A Bill to amend and reenact §5-16-3 of the Code of West Virginia, 1931, as amended, relating health benefit plans; permitting the Director of the Public Employees Insurance Agency to operate the Medicare retiree health benefits plans on a calendar year; requiring certain conditions; and providing that financial plans shall continue to be on a fiscal year basis.”

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

            On this question, the yeas and nays were taken (Roll No. 220), 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: J. Nelson and Storch.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 458) 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. 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 third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.Second ReadingThe following bills on second reading, coming up in regular order, were each read a second time and ordered to third reading:

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

            And,

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

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

            Com. Sub. for S. B. 60, Relating to name-change notice publication requirements,

            S. B. 108, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team,

            Com. Sub. for S. B. 158, Creating Complete Streets Act,

            And,

            Com. Sub. for S. B. 580, Updating requirements for dental intern, resident and teaching permits.

            At 11:30 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.

* * * * * * *

Afternoon Session

* * * * * * *

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, of

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

            Com. Sub. for S. B. 412, Relating to county conservation district supervisors,

            Com. Sub. for S. B. 430, Defining “employment term” in Teachers’ Defined Contribution Retirement System,

            Com. Sub. for S. B. 431, Relating to public employer liability for delinquent retirement contributions,

            S. B. 463, Increasing special license fee paid by pipeline companies to PSC,

            S. B. 496, Finding and declaring certain claims against state,

            And,

            Com. Sub. for S. B. 638, Terminating certain severance tax exemption for production of natural gas or oil.

Committee Reports

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

            On motion for leave, a resolution was introduced (Originating in the Committee on Roads and Transportation and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Cowles, Gearheart, Barill, Boggs, Longstreth, Lynch, Marcum, D. Poling, Skaff, Smith, Stephens, Stowers, Wells, Ambler, Butler, Cadle, Ellington, Espinosa, D. Evans, Hamrick, Howell and Shott:

            H. C. R. 136 – “Requesting the Joint Committee on Government and Finance to study the requirement of successfully passing a drug test by applicants before issuance of an instruction permit or level three full Class E license.”

            Whereas, Illegal drug use has become an increasingly serious public health and law-enforcement problem throughout the State of West Virginia; and

            Whereas, Keeping our youth drug-free is an investment in the productivity and prosperity of the next generation of West Virginians; and

            Whereas, Requiring an applicant for an instruction permit or level three full Class E license to show proof of successfully passing a test to detect illegal use of controlled substances could curb drug use in teens and young adults; and

            Whereas, Issuance of instruction permits and level three full Class E licenses has been an effective incentive historically; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the requirement of proof of successful passage of a drug test designed to detect illegal use of controlled substances before issuance of an instruction permit or a full level three Class E license; 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.

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

            On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Perdue, Perry, Ellington, Campbell, Diserio, Eldridge, Ferns, Fleischauer, Lawrence, Marshall, Moore, Moye, Poore, Staggers, Arvon, Border, Cowles, Fairscloth, Miller, Pasdon, Rowan and Sobonya:

            H. C. R. 137 - “Requesting the Joint Committee on Government and Finance to study the adequacy of the SNAP providing healthy diets to low-income recipients.”

            Whereas, The SNAP (Supplemental Nutritional Assistance Program) assists more than forty-seven million low-income people who rely on the program - - costing $74.6 billion a year; and

            Whereas, Eligible food items are any food or food products for home consumption and also includes seeds and plants which produce food for consumption by SNAP households. The Act precludes alcoholic beverages, tobacco products, pet foods, vitamins, hot food and any food sold for on-premises consumption; and

            Whereas, There is a concern that SNAP participants often have to compromise food choices for options higher in sugar, fat and preservatives because healthy alternatives are not always affordable - - SNAP participants consume less produce and healthy options and purchase at least 40% more sugar-sweetened beverages than any other consumer group; and

            Whereas, Seven times as many poor children are obese as those who are underweight, is an indication that government aid in the form of SNAP does a good job of addressing hunger but encourages the consumption of unhealthy choices; and

            Whereas, Unlike other federal programs that provide food subsidies, SNAP does not have nutritional standards; therefore, be it

Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the adequacy of the SNAP providing healthy diets to low-income recipients in regards to sales of sugary beverages and food with no nutritional value; and, be it
            Further Resolved, That 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.

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

            On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Perdue, Perry, Eldridge, Diserio, Ferns, Fleischauer, Marshall, Moore, Poore, Staggers, and Pasdon:

            H. C. R. 116 - “Requesting the Joint Committee on Government and Finance to authorize a study on medicinal marijuana.”

            Whereas, Modern medical research has discovered a beneficial use for medicinal marijuana in treating and alleviating the pain and other symptoms associated with certain debilitating medical conditions and injuries that often fail to respond to conventional treatments; and

            Whereas, Medicinal marijuana has a beneficial use for the relief of nausea, vomiting and other side effects of drugs increasing the chances of patients continuing on life-saving treatment regimens; and

            Whereas, Reports have shown the therapeutic value of medicinal marijuana in treating a wide array of debilitating medical conditions including, but not limited to, cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig’ disease), Crohn’s disease, epilepsy, Alzheimer’s disease, Parkinson’s disease, post-traumatic stress disorder, depression, anxiety, addiction to opiates or amphetamines, chronic and debilitating diseases or medical conditions or the treatments that produce one or more of the following: cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures and severe and persistent muscle spasms; and

            Whereas, The Legislature is committed to evaluating the use of appropriate pain therapy techniques as those develop within various regulated clinical environments and applying those methodologies in this state to provide appropriate and cost-effective pain therapy for the citizens of this state thus reducing the likelihood of addition and abuse; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to authorize a study on medicinal marijuana; 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.

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

            Delegate Perdue, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

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

            Com. Sub. for S. B. 335, Permitting certain hospitals exemption from certificate of need,            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 Government Organization.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. For S. B. 335) was referred to the Committee on Government Organization.

            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:

            Com. Sub. for S. B. 116, Relating to crimes against property involving graffiti,

            Com. Sub. for S. B. 372, Creating criminal offense for interfering with emergency service call,

            Com. Sub. for S. B. 423, Providing certain convicted persons reduction in sentence,

            And,

            S. B. 489, Permitting community enhancement districts to decrease annual property assessments,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.

            Delegate Boggs asked unanimous consent that second reference of the bills (Com. Sub. for S. B. 116, Com. Sub. for S. B. 372, Com. Sub. for S. B. 423 and S. B. 489) to the Committee on Finance be dispensed with, which consent was not given, objections being heard.

            Delegate Boggs then so moved.

            On this question, the yeas and nays were taken (Roll No. 221), and there were--yeas 53, nays 40, absent and not voting 7, with the nays and absent and not voting being as follows:

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

            Absent and Not Voting: Andes, Folk, Fragale, Kump, J. Nelson, Skaff and Westfall.

            So, two thirds of the members present and voting not having voted in the affirmative, the motion did not prevail.

            The bills (Com. Sub. for S. B. 116, Com. Sub. for S. B. 372, Com. Sub. for S. B. 423 and S. B. 489) were then referred to the Committee on Finance.

            On motion for leave a resolution was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Morgan, Stephens, Caputo, Diserio, Eldridge, Ferns, Hartman, Jones, Lynch, Paxton, P. Smith, Staggers, Swartzmiller, Arvon, Azinger, Border, Cadle, Faircloth, Folk, Kump, Romine, R. Smith:

            H. C. R. 138 - “Requesting that the Joint Committee on Government and Finance authorize a study on state recognition of Native American Tribes.”

            Whereas, Currently, West Virginia does not formally recognize indigenous Native American tribes within the State, but has historically been the homeland of Native American tribes and groups; and

            Whereas, During the 2002 Regular Session, the West Virginia Legislature adopted House Resolution 18 and Senate Resolution 28, recognizing the Native American Indian Federation as an official tribe of the State of West Virginia; and

            Whereas, During the 2002 Regular Session, the West Virginia Legislature adopted House Concurrent Resolution 78 requesting a study on the establishment of a State Commission on Indian Affairs; and

            Whereas, Native Americans and their descendants live throughout the state of West Virginia and contribute to the economic, cultural, political and social diversity of West Virginia; and

            Whereas, Native Americans have influenced and enriched the heritage of this state as reflected in the names of our rivers Ohio, Monogahela and Kanawha, the names of our counties Logan and Mingo, and our state parks and forests Seneca Rocks and Watoga; and

            Whereas, The State of West Virginia has a unique history as an area esteemed for its great natural resources depended upon by Native Americans of many tribes; and

            Whereas, It is in the public interest for West Virginia and its citizens to recognize the diverse culture and ethnic heritage of the people of this State in order to promote greater awareness and understanding for the education, inspiration and the general public welfare of its people; and

            Whereas, Official state recognition of Native American tribes will help keep alive the oral history and traditions that have been handed down through countless generations of families; and

             Whereas, There is a mutual shared interest of West Virginia and groups in West Virginia to recognize Native American Tribes and certify Native American Organizations as such recognition is necessary to promote access to certain educational, cultural and economic development opportunities, pursuant to Public Law 101-644 the Indian Arts and Crafts Act of 1990 and its subsequent revisions; and

            Whereas, Official state recognition of Native American tribes by West Virginia may be necessary to facilitate access to federal funds set aside for Native Americans; and

            Whereas, The Legislature of West Virginia is committed to promoting access to opportunity and recognizing cultural diversity for all of our citizens; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to authorize a study on the state recognition of Native American Tribes; and be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

            Further Resolved, That the Legislative 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.

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

            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:

            Com. Sub. for S. B. 347, Requiring Public Employees Grievance Board and Division of Personnel provide training seminars to certain persons,

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

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 347) was referred to the Committee on the Judiciary.

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

            Your Committee on Government Organization has had under consideration:

            Com. Sub. for S. B. 544, Scheduling departmental performance reviews,

            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. 561, Establishing Tucker County Cultural District Authority,

            And,

            S. B. 658, Extending time for Madison City Council to meet as levying body,

            And reports the same back with the recommendation that they each 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. 214, Eliminating interview requirement for certain medical licensee applicants,

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

            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:

            Com. Sub. for S. B. 557, Continuing Preventive Care Pilot Program,

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

            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:

            Com. Sub. for S. B. 630, Relating to Chief Technology Officer's duties with regard to security of government information,

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

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 630) was referred to the Committee on the Judiciary.

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

            Your Committee on the Judiciary has had under consideration:

            S. B. 462, Extending time for informal conferences on surface mining permit applications,

            S. B. 491, Relating to rental car license cost recovery fee,

            S. B. 504, Relating to cooperative associations,

            And,

            Com. Sub. for S. B. 542, Relating to restricted races at pari-mutuel thoroughbred horse race tracks,

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

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 478, Redefining “video lottery games”; permitting wagering by historic resort hotel employees,

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

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 358, Relating to municipal policemen and firemen pensions,

            Com. Sub. for S. B. 440, Relating to disclosure of specified tax information for enforcement of Tobacco Master Settlement Agreement,

            Com. Sub. for S. B. 445, Allowing Tax Commissioner divert lottery prizes to offset tax liabilities of lottery winners,

            S. B. 446, Conforming motor fuel taxes with International Fuel Tax Agreement,

            S. B. 524, Supplementing, amending, decreasing and increasing appropriations from State Road Fund to DOT,

            S. B. 526, Making supplementary appropriation of federal funds to DHHR, Division of Human Services-Temporary Assistance for Needy Families,

            And,

            Com. Sub. for S. B. 553, Relating to Highway Design-Build Program,

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

Leaves of Absence

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

            At 5:13 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, April 9, 2013.

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