Eighty-second Legislature

First Session

Held at Charleston

Published by the Clerk of the House

West Virginia Legislature

JOURNAL

of the

House of Delegates

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, 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, January 14, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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

S. C. R. 1 - “Relating to the payment of bills for supplies, services and printing and authorized contingent and other expenses of the eighty-second Legislature.”

That for the regular and any extraordinary session of the eighty-second Legislature, the Auditor of West Virginia, in advance of the appropriation for such purposes, is hereby authorized, upon proper requisition of the Clerk of the Senate and the Clerk of the House of Delegates, to pay bills for supplies and for services furnished to the Legislature preparatory to the beginning of, during and following the adjournment of sessions, including contingent expenses of the respective houses; the per diem of officers, other than the President of the Senate and the Speaker of the House of Delegates, and employees of the Senate and of the House of Delegates; travel expenses of members as authorized by law; bills for legislative printing as the accounts for same become due; and any other authorized contingent and other expenses of the Legislature or the respective houses.

At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (S. C. R. 1) 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.

On motion for leave, Joint Resolutions were introduced, read by their titles and referred as follows:

H. J. R. 1 - “Proposing an amendment to the Constitution of the State of West Virginia, amending Article X by adding thereto a new section, designated section one-d, relating to authorizing the exemption from ad valorem taxation of tangible personal property directly used in commercial and industrial businesses; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary then Finance.

H. J. R. 2 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article ten thereof by adding thereto a new section, designated section five-a, relating to taxes and fees; providing that bills imposing a tax or license fee and bills increasing the effective rate of any tax levied or fee imposed may not be enacted unless sixty percent of the members of each house, present and voting, vote in the affirmative for passage; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of the proposed amendment”; to the Committee on the Judiciary then Finance.

H. J. R. 3 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article ten, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary then Finance.

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

H. B. 2057 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to requiring compensation be made to certain members of the State Police for off-duty time when they are required to be on standby to be called back to work; requiring off duty State Police officers who are called back to work or appear in court be compensated a minimum amount; and providing a housing cost stipend for those officers who reside in and are assigned to one of the top five counties in median monthly housing costs”; to the Committee on Government Organization then Finance.

H. B. 2058 – “A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Secondary School Activities Commission; and requiring rules relating to interscholastic athletic football events include the requirement that neck braces be worn by all football players”; to the Committee on Education then Finance.

H. B. 2059 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22l; and to amend said code by adding thereto a new section, designated §18-7A-26w, all relating to increasing benefits of retired state personnel and retired teachers by five percent a year for the next three consecutive years”; to the Committee on Pensions and Retirement then Finance.

H. B. 2060 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-13a, relating to making the theft of a traffic sign or traffic signal a misdemeanor; establishing criminal penalties; and requiring restitution”; to the Committee on the Judiciary.

H. B. 2061 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-9a, relating to establishing seniority rights for public employees; defining when seniority begins; setting standards for accumulation of seniority; requiring notice of job postings; requiring registers or certified lists of eligible applicants; allowing senior employees the first right of refusal for additional duty, overtime and promotions; and determining seniority in case of absence”; to the Committee on Industry and Labor then Finance.

H. B. 2062 – “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22C-13-1, relating to establishing the Legislative Oversight Commission on Energy Workers Safety; directing the commission to study workers safety; and establishing reporting requirements for boards and agencies that regulate and otherwise oversee workers safety”; to the Committee on Industry and Labor then the Judiciary.

H. B. 2063 – “A Bill to amend and reenact §33-20-5 of the Code of West Virginia, 1931, as amended, relating to insurance generally; and prohibiting the use of a credit score in casualty insurance rate filings”; to the Committee on Banking and Insurance then the Judiciary.

H. B. 2064 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-20, relating to providing a ten percent discount to West Virginia residents for lodging, camping and other recreational activities at state parks and forests”; to the Committee on Agriculture and Natural Resources then Finance.

H. B. 2065 – “A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to increasing compensation of membership of the West Virginia State Police”; to the Committee on Finance.

H. B. 2066 – “A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of annual and incremental salary increases for eligible employees from $60 to $100; changing eligibility from three years of service to one”; to the Committee on Finance.

H. B. 2067 – “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-7-1 of said code, all relating to pension benefits exempt from state income taxation; and including Division of Natural Resources police in the class of law-enforcement officers exempted”; to the Committee on Pensions and Retirement then Finance.

H. B. 2068 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-29, relating to allowing state employees to take paid leave to attend parent-teacher conferences for their children”; to the Committee on Government Organization then Finance.

H. B. 2069 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-2-23, relating to providing career development; and establishing annual salaries for Alcohol Beverage Control inspectors, enforcement agents and supervisors”; to the Committee on Government Organization then Finance.

H. B. 2070 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating to meeting and conference rights for members of fire departments employed by political subdivisions; providing for the right of self-organization; allowing designation of an exclusive representative agent; imposing a duty to meet and confer with employees; allowing deduction of employee organization dues and assessments; providing for compulsory arbitration of disputes; listing prohibited acts; allowing hearing before Civil Service Commission; providing judicial review; specifying powers and duties of the Civil Service Commission; and allowing injunctive relief”; to the Committee on Political Subdivisions then the Judiciary.

H. B. 2071 – “A Bill to amend and reenact §20-7-1a and §20-7-1c of the Code of West Virginia, 1931, as amended, all relating to providing an increase in compensation for natural resources police officers”; to the Committee on Agriculture and Natural Resources then Finance.

H. B. 2072 – “A Bill to amend and reenact §20-7-1a and §20-7-1c of the Code of West Virginia, 1931, as amended, all relating to providing an increase in compensation for conservation officers”; to the Committee on Agriculture and Natural Resources then Finance.

H. B. 2073 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-11-1, §47-11-2, §47-11-3, §47-11-4, §47-11-5, §47-11-6, §47-11-7, §47-11-8 and §47-11-9, all relating to requiring retail establishments offering gasoline or other motor fuel to provide refueling assistance and refueling access to persons with a disability; establishing requirements and exceptions; giving Secretary of the Department of Transportation responsibility for implementation and enforcement; giving secretary rule-making authority; and providing civil penalties”; to the Committee on Roads and Transportation then Finance.

H. B. 2074 – “A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to requiring the Superintendent of the State Police to develop a plan to increase the number of troopers to a minimum of eight hundred troopers by July 1, 2017”; to the Committee on Finance.

H. B. 2075 – “A Bill to amend and reenact §15-2-3 and §15-2-5 of the Code of West Virginia, 1931, as amended, all relating to maintaining a minimum of eight hundred state troopers by July 1, 2017; and increasing the salary increase received at the end of two years of service with the West Virginia State Police from $500 to $580”; to the Committee on Finance.

H. B. 2076 – “A Bill to amend and reenact §11A-1-3 of the Code of West Virginia, 1931, as amended, relating to allowing quarterly payment of real and personal property taxes”; to the Committee on the Judiciary then Finance.

H. B. 2077 – “A Bill to amend and reenact §18A-2-2 and §18A-2-6a of the Code of West Virginia, 1931, as amended, all relating to requiring county boards of education to provide released time for professional educators and service personnel when serving in part-time elected or appointed municipal or county offices”; to the Committee on Education then Finance.

H. B. 2078 – “A Bill to amend and reenact §17C-6-3 of the Code of West Virginia, 1931, as amended, relating to allowing local authorities the authority to lower the speed limit on streets and highways where school buses travel; and providing that no lowering of a speed limit is effective until approved by the Commissioner of Highways”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Williams, Ferro, Rowan, Miley, H. White, Boggs, Hamilton, Ellington, Campbell, Perry and Lynch:

H. B. 2079 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-97, relating to creating the Seniors Helping Seniors Fund; requiring personal income taxes paid on taxable Social Security benefits to be deposited into the fund; and requiring the Department of Health and Human Resources and the Bureau of Senior Services to use the fund for the Medicaid Aged and Disabled Waiver program and to support the Medicaid Personal Care, Family Assistance In-Home Respite and Lighthouse programs to increase the number of senior citizens receiving in-home care services”; to the Committee on Senior Citizen Issues then Finance.

By Delegates Ferro, Caputo, Pethtel, Storch, Hamilton, A. Evans, Boggs, Miley, Longstreth and Romine:

H. B. 2080 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-3f, relating to reallocating and dedicating up to $30 million to the natural gas and oil severance tax revenues annually to the natural gas and oil-producing counties of origin; providing for distribution of the moneys to the districts of the Division of Highways by the State Treasurer; establishing amounts each natural gas and oil-producing Division of Highways district and counties within a district are to receive; requiring moneys be used solely for the secondary roads; providing duties of State Tax Commissioner and Division of Highways; requiring reports of expenditures to Joint Committee on Government and Finance; providing audits of distributed funds when authorized by the Joint Committee on Government and Finance; providing an effective date; and authorizing legislative and emergency rules”; to the Committee on Roads and Transportation then Finance.

H. B. 2081 – “A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to acts of violence against certain persons; and listing journalists within the designated categories of protected persons”; to the Committee on the Judiciary.

H. B. 2082 – “A Bill to amend and reenact §18-5-20 of the Code of West Virginia, 1931, as amended, relating to county boards of education; school libraries; requiring each school to have a certified library media specialist; and requiring the board to develop professional standards and the salary for the certified library media specialist”; to the Committee on Education then Finance.

At 11:31 a.m., the House of Delegates adjourned until 10:00 a.m., Friday, January 16, 2015.