Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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Tuesday, January 27, 2015

FOURTEENTH DAY

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

 

 

            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 Monday, January 26, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2053, Relating to the form of trust deeds,

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

 

            Com. Sub. for H. B. 2053 - “A Bill to amend and reenact §38-1-2 and §40-1-9 of the Code of West Virginia, 1931, as amended, all relating to the form of trust deeds; and permitting the recording of a memorandum of deed of trust in lieu of the deed of trust,”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2227, Relating to the National Coal Heritage Area Authority,

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

            Com. Sub. for H. B. 2227 - “A Bill to repeal §29-28-1, §29-28-2, §29-28-3, §29-28-4, §29-28-5, §29-28-6, §29-28-7,§29-28-8, §29-28-9, §29-28-10, §29-28-11, §29-28-12, and §29-28-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-27-1, §29-27-2, §29-27-3, §29-27-4, and §29-27-6 of said code, all relating to the National Coal Heritage Area Authority; adding Lincoln and Kanawha counties as member counties; increasing number of authority board members; adding ex-officio non-voting member to the authority board from Marion County; adding working in member counties to qualifications of appointed members; providing for county commissions of member counties to recommend three nominees to Governor; providing for the Secretary of Education and the Arts to recommend three nominees for chairperson to Governor; creating a standing committee; establishing standing committee responsibilities; repealing article relating to the Coal Heritage Highway Authority; and transferring all assets and responsibilities of the Coal Heritage Highway Authority to the National Coal Heritage Area Authority,”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on Education has had under consideration:            

            H. B. 2005, Relating to alternative programs for the education of teachers, 

            And,

            H. B. 2160, Making the West Virginia Schools for the Deaf and Blind eligible to participate in any and all funding administered or distributed by the West Virginia School Building Authority,            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 (H. B. 2005 and H. B. 2160) were each 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. 43 - “A Bill to amend and reenact §55-2-21 of the Code of West Virginia, 1931, as amended, relating to tolling statute of limitations in certain cases generally; limiting circumstances within which statute of limitations is tolled for institution of third-party complaints associated with pending civil actions; providing alternative periods when statute of limitations on third-party complaints is tolled; defining ‘third-party complaint’; and clarifying that this section does not limit doctrine of equitable tolling or discovery rule”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by the Clerk as follows:

            S. C. R. 12 - “Adopting joint rules of the Senate and House of Delegates.”

            Resolved by the Legislature of West Virginia:

            That the Joint Rules of the Senate and House of Delegates to be adopted as follows and shall govern the proceedings of the eightieth eighty-second Legislature, subject to amendment as provided in the standing rules of the Senate and the House of Delegates:

Joint Assembly

            1. Whenever there shall be a joint assembly of the two houses, a brief account of the proceedings shall be entered upon the Journal of each house, except in the joint assembly for counting votes for state officers.

Joint Assembly to Open and Publish Election Returns

            2. As soon as the Senate, being organized, is informed that the House of Delegates is ready to proceed, as provided by section three of article seven Article VII, Section 3 of the Constitution of West Virginia, to open and publish the returns of the election for state officers, the Senate, preceded by its presiding officer and other officers, shall repair in a body to the hall of the House of Delegates. Upon their arrival the Sergeant at Arms of the House of Delegates shall announce the presence of the Senate. The presiding officer of the Senate shall then address the Speaker of the House, stating that a majority of the Senate has assembled in the hall of the House of Delegates to be present at the opening and publishing of the returns of the elections for State officers, held on the ______ day of _____________. The Speaker of the House of Delegates shall invite the presiding officer of the Senate to a seat upon his right, and the other members of the Senate and officers thereof to take seats assigned to them, and after announcing that a majority of the House of Delegates is present, shall then open and publish the returns of said election, proceeding by counties in alphabetical order, the Clerks of the two houses each taking down the returns as announced by the Speaker, to be entered upon the Journal of the House, and when completed and tabulated the Speaker shall announce the votes received by each person voted for, for each of said offices, and those receiving the largest number of votes, shall be by him declared duly elected; and the Senate shall then return to its hall, and if any two or more candidates for any of said offices have an equal and the highest number of votes for the same office, the two houses shall immediately proceed to choose one of such persons for said office by a joint vote, as provided by Section 3 of Article VII, Section 3 of the Constitution of West Virginia.

Disagreement and Conference

            3. (a) Whenever a measure of one house is amended in the other and the house in which it originated shall refuse to concur in the amendment, the house amending the measure may either insist or recede therefrom. But when a measure originating in one house is amended in the other, the house in which it originated may amend such amendment and a motion therefor shall take precedence of a motion to concur. If said house refuses to concur, the other house may either recede from or insist upon its amendment, and a motion to recede shall take precedence of a motion to insist. The motion to lay on the table or to postpone indefinitely shall not be in order in respect to the motion to recede from or to insist.

            A motion to recede having failed shall be equivalent to the adoption of a motion to insist and shall be so entered upon the Journal. A motion to insist being decided in the negative shall be equivalent to the adoption of a motion to recede and shall be so entered upon the Journal. If the motion to insist prevails, the house so insisting shall request a committee of conference on the subject of disagreement, and shall appoint a committee therefor. The other house may thereupon appoint such committee. Unless a different number is agreed upon, such conference committee shall consist of five members from each house.

            Such committee shall consider and report upon only the subject matter of the amendment or amendments which were in disagreement, with necessary consequential changes. The committee shall meet at a convenient time, to be agreed upon by their Chairmen Chairs, and upon notifying all conferees of the time and place of any such meeting, and having conferred freely, shall report to their respective houses the result of the conference. In case of agreement, the report shall be first made, with the papers referred accompanying it, to the house which refused to concur, and there acted upon; and such action, with the papers referred, shall be immediately reported by the Clerk to the other house. In case of disagreement, the papers shall remain with the house in which the measure originated. If an agreement is reached, the report shall be made and signed in duplicate by at least a majority of the conferees from each house, one of the duplicates being retained by the conferees of each house.

            (b) With respect to any conference agreed to within the first fifty-one days of a regular session, the conference committee shall report to each house within seven days of agreement to conference or be discharged, except that upon a concurrent resolution duly adopted by a majority of those present and voting in each house, the presiding officer of each house may extend the conference not to exceed an additional three days. In no event shall a conference committee report to each house later than 9:00 8:00 P.M. on the sixtieth day.

            With respect to any conference agreed to after the fifty-first day of a regular session, or any time during any extraordinary session, the conference committee shall report to each house within three days after agreement to conference or be discharged, except that such conference may be extended by concurrent resolution duly adopted by a majority of those present and voting in each house, for a period not to exceed one additional day. In no event shall a conference committee report to each house later than 9:00 8:00 P.M. on the sixtieth day.

            Any conference committee which fails to report within the time limits established by this rule shall be deemed to be discharged, and the papers referred shall remain with the house in which the measure originated.

            Any conference report shall, upon recognition by the presiding officer, be communicated to each house by its Clerk and made available to members of each house. Each house shall designate a location or office where copies of such report shall be made available. The Clerk shall communicate availability of conference reports by an announcement to the members of said house during the session. Such announcement can be made at any time upon recognition by the presiding officer, and the Clerk shall duly note the time of said announcement. Except as provided herein, the conference report shall lie over one day and shall not be considered in either house until at least the next day following, but thereafter it shall be proper to take up consideration of the conference report at any time otherwise permitted by the rules of such house whether or not such house met on the preceding day: Provided, That after the fifty-ninth day of any regular session or on any day of any extraordinary session a conference committee report may be considered the same day if availability of written copies of such report is communicated to that house while in session at least two hours prior to any consideration: Provided, however, That the conference report may be taken up for immediate consideration at any time by a two-thirds vote of the members of that house present.

            Nothing herein shall affect the right of the presiding officer of either house to appoint or discharge any conference committee as heretofore provided, such right to appoint and discharge such committee being subject to the rules of each respective house.

            The provisions of subsection (b) above shall not apply to the Budget Bill.

Messages Between the Houses

            4. When a message is sent by one house to the other, it shall be communicated by the Clerk thereof to the Clerk of the house to which it is sent, but no message shall be received during a call of the roll. The Clerk of one house may communicate a message to the Clerk of the other after adjournment at any time, and any message so sent shall be received by the house to which it is sent whenever it may be in session.

Bill Processing

            5. (a) In every regular session beginning after the effective date of this rule, legislation Legislation recommended by the Governor or by executive departments or agencies is requested to be filed in the respective Clerks' offices, and a copy sent to Legislative Services, no later than the tenth day of each regular session of a Legislature.

            (b) No bill or joint resolution shall be considered on third reading in its house of origin after the fiftieth day, unless authorization shall be granted by a concurrent resolution adopted by a two-thirds vote of the members present of both houses: Provided, That the Budget Bill, or any salary or supplementary appropriation bills, may be considered at any time.

            (c) This rule may be suspended by adopting a concurrent resolution approved by a two-thirds majority of those present and voting in each house. A house desiring to suspend this rule may adopt a concurrent resolution and proceed as if the concurrent resolution had been adopted in both houses and the rule suspended. Any bill or joint resolution passed pursuant to such concurrent resolution may be communicated to the other house with the concurrent resolution or at any time after the concurrent resolution has been communicated to the other house. The other house may proceed to consider such bill or joint resolution only after adopting the concurrent resolution. The provisions of this rule shall not apply to any extended regular session or to any extraordinary session.

Processing of Bills Authorizing the Promulgation of Proposed Legislative Rules; Duplication and Distribution of Proposed Legislative Rules

            5a. A "bill authorizing the promulgation of proposed legislative rules" or a "bill of authorization" is a measure intended to be enacted as general law, which incorporates by reference a proposed legislative rule, with or without amendments or substitutions set forth in the bill, and which authorizes the promulgation and implementation of the proposed legislative rule. The processing of bills authorizing the promulgation of proposed legislative rules shall be governed by the standing rules of the Senate and the House of Delegates, which are supplemented by the provisions of this joint rule. In the case of any conflict between this rule and a standing rule of the Senate or the House of Delegates, the provisions of this rule shall control.

            (1) The requirement of either house that bills shall be presented in duplicate applies to bills authorizing the promulgation of proposed legislative rules, but does not apply to the proposed legislative rule which the bill incorporates by reference. Of the duplicate copies, only the designated original copy shall have appended thereto the full text of the proposed legislative rule as finally approved by the agency seeking permission for its promulgation. Other copies of the full text of the proposed legislative rule shall be made available to members of the Legislature as hereinafter provided.

            (2) Copies of the full text of each proposed legislative rule shall be reproduced by printing or duplication by the Clerk prior to, or as soon as is reasonably practicable after, the introduction of the bill which would authorize by law the promulgation of the proposed legislative rule. Prior to such printing or duplication, a notation shall be affixed to the proposed legislative rule which identifies the bill number of the introduced bill which would authorize its promulgation and which also identifies the committee or committees of the house to which the bill is to be referred by the presiding officer following its introduction. Otherwise, the copies printed or duplicated shall conform to the copy of the proposed legislative rule appended to the original bill, so as to facilitate the consideration and amendment of the rule throughout the legislative process.

            (3) The Clerk shall furnish to any member, upon his or her request, without cost, one copy of the full text of a proposed legislative rule as reproduced by the Clerk in accordance with the provisions of subsection (2) of this joint rule Joint Rule. For any request for an additional copy or copies of the proposed legislative rule, the member requesting the copy or copies shall pay to the Clerk, in advance, a charge which the Clerk has reasonably determined to be adequate to cover the actual cost of the printing or duplication: Provided, That the provisions herein for the Clerk to furnish a member with an additional copy or copies, with a cost charged, may not interfere with or delay the prompt and otherwise timely consideration of bills of authorization by the house or its committees or subcommittees.

            (4) Whenever the standing rules of either house require the printing or reprinting of a bill, the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same force and effect as they apply to other bills. However, no printing or reprinting of the proposed legislative rule which is incorporated by reference in the bill of authorization shall be required, other than the printing required by subsection (2) of this joint rule Joint Rule.

            (5) Whenever the standing rules of either house require a bill to be read, or fully and distinctly read, the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same force and effect as they apply to other bills. However, no reading of the proposed legislative rule which is incorporated by reference in the bill of authorization shall be required.

One House to Notify Other of Rejection of Bill

            6. When a bill or resolution passed in one house is rejected in the other, notice thereof shall be sent to the house in which the same shall have been passed.

Record of Bills and Resolutions

            7. The Clerks of the two houses shall keep separate records or registers, in which shall be recorded every action taken by the Senate and House on each bill and resolution.

Clerks to Endorse Bills or Resolutions

            8. The Clerks of the two houses shall endorse on each bill or resolution a statement of any action taken by their respective bodies.

Notice Messages to Be in Writing

            9. Notice Messages to either house of the action of the other shall be in writing, signed by the Clerk of the house giving such notice sending the message.

Each House to Have Control of Own Printing

            10. Each house may order the printing of bills, resolutions, reports, and other documents without the consent of the other.

Joint Committees

            11. Joint standing committees of the Senate and House shall be appointed as follows:

            (1) Joint Committee on Enrolled Bills -- To consist of five members from each house.

            (2) Joint Committee on Joint Rules –- To consist of the presiding officers and two members of each house, to be appointed by the presiding officers.

            (3) Such other joint committees as may be provided for by concurrent resolution. A bill or resolution referred to a joint committee may be recalled from such committee by the house in which it originated. Joint Committee on Pensions and Retirement

            (a) The Joint Committee on Pensions and Retirement shall continually study and investigate public retirement systems. All pension and retirement related legislation introduced in the Legislature shall be referred to the committee in addition to any other reference the presiding officer may designate. Upon reference of any pension or retirement related legislation, the committee shall forward such legislation to the actuary of the Consolidated Public Retirement Board or other actuary or actuarial firm who shall return an actuarial letter or note to the committee prior to the committee's consideration of such legislation.

            (b) The committee shall consist of seven members of the Senate to be appointed by the presiding officer of the Senate and seven members of the House of Delegates to be appointed by the presiding officer of the House of Delegates. If possible, no more than five of the seven members appointed by the presiding officers of the Senate and the House of Delegates, respectively, may be members of the same political party.

            (c) The committee shall make a continuing study and investigation of retirement benefit plans applicable to nonfederal government employees in this state. The powers and duties of the committee include, but are not limited to, the following:

            (1) Studying retirement benefit plans applicable to nonfederal government employees in the State of West Virginia, including, without limitation, federal plans available to such employees;

            (2) Making recommendations within the scope of the study with particular attention to financing of the various pension funds and financing of accrued liabilities;

            (3) Considering all aspects of pension planning and operation, and making recommendations designed to establish and maintain sound pension policy as to all funds;

            (4) Filing a report to each regular session of the Legislature concerning activities conducted between sessions;

            (5) Analyzing each item of proposed pension and retirement legislation, including amendments thereto, with particular reference to analysis as to cost, actuarial soundness and adherence to sound pension policy, and reporting of its findings in regard thereto to the Legislature; and

            (6) Maintaining reference materials concerning pension and retirement matters, including, without limitation, information as to laws and systems in other states.

            (d) The committee shall hold meetings at such times and places as it may designate. The presiding officer of each house shall appoint a cochair of the committee. When the Legislature is not in session, the committee shall meet and conduct its business as a joint committee.

            When the Legislature is in session, in addition to joint meetings, the members of either house may meet separately from members of the other house to conduct committee business concerning pension and retirement related legislation introduced or originated in that house. When the members meet separately, they may function as other committees of that house. As far as practicable, relevant information, including actuarial letters or notes, gathered by members meeting separately from the other house shall be sent to the cochair of the other house if it is considering the same or similar legislation.

            12. Other joint committees may be created by concurrent resolution or by approval of the presiding officers of each house.

Engrossed Bills to Be Filed with Clerk of the House

            12. 13. All engrossed bills passed by, and joint and concurrent resolutions adopted by, both houses shall be filed with the Clerk of the House of Delegates to be kept with the rolls of the Legislature and to be used by him in printing and publishing the Acts of the Legislature.

Joint Committee on Enrolled Bills

            13. 14. The Joint Committee on Enrolled Bills shall consist of five members of the Senate and five members of the House of Delegates, to be appointed by the presiding officer of each house, whose duty it shall be to compare carefully all bills and joint resolutions passed by both houses, with the enrollment thereof, and to correct any errors or omissions they may discover and to make reports to their respective houses, from time to time, of the correctly enrolled bills or joint resolutions. It shall be in order for the Joint Committee on Enrolled Bills to report at any time.

Printing Enrolled Bills

            14. 15. After a bill has been passed by both houses, the type text from which it was originally printed shall be corrected as to any typographical errors that may not previously have been corrected and to include any amendments that may have been made by either house since the last printing of the bill. After the type text has been so corrected, three hundred fifty copies not less than fifty copies of the bill shall be printed (except charter bills, of which only twenty-five of each shall be printed). Twelve of these copies shall be on seven and one-fourth by ten bond paper, twenty-pound basis of at least fifty percent rag content for the use of the Joint Committee on Enrolled Bills, one of which copies, when properly authenticated, shall become the Enrolled Bill, and the remainder shall be on twenty-pound basis, sulphite bond paper. From these copies all judges shall be furnished enrolled bills as provided for in section fourteen, article one, chapter four of the code. In the case of enrolled bills authorizing the promulgation of a proposed legislative rule, a copy of the full text of the proposed legislative rule which the bill incorporates by reference shall be appended to the bill which has been properly authenticated and designated to be the Enrolled Bill. The copy appended to the Enrolled Bill shall conform to the copy of the full text of the proposed legislative rule appended to the introduced bill. Copies of the proposed legislative rule shall not be appended to the additional copies of the Enrolled Bill. Following action by the Governor, or the failure or refusal of the Governor to approve or disapprove a bill of authorization, the copy of the Enrolled Bill with the proposed legislative rule appended shall be the copy of the bill filed with the Secretary of State in accordance with the provisions of Rule 18 19 of these Joint Rules.

Authentication of Enrolled Bills

            15. 16. Enrolled Bills shall be authenticated by the signature of the Chairman Chair of the House Committee and the Chairman Chair of the Senate Committee, composing such Joint Committee on Enrolled Bills, but in the absence of such Chairman Chair another member of the committee may act in his stead, and they shall require all bills and joint resolutions before such authentication to be free from interlineations or erasures and destroy any previous enrollment containing any interlineations or erasures. A certificate, showing in which house the bill originated and when it takes effect, signed by the Clerks of the two houses, shall be endorsed on the bill. After enrolled bills and joint resolutions are authenticated as aforesaid, they shall be signed by the presiding officer of each house.

Presenting Enrolled Bills to Governor

            16. 17. After a bill shall have thus been signed in each house, it shall be presented by the said committee Joint Committee on Enrolled Bills to the Governor, for his approval. The said committee shall report the day of presentation to the Governor, which time shall be entered on the Journal of each house.

Record of Enrolled Bills

            17. 18. It shall be the duty of the Clerk of the House of Delegates, as Keeper of the Rolls of the Legislature, to keep a record book of all bills presented to the Governor for his approval. The title and number of each bill presented to the Governor shall be entered in this book, and when a bill is presented to him the Governor, the date presented and the signature of the Governor, showing receipt of same, shall be entered at the side of each title.

Action of Governor on Bills

            18. 19. When the Legislature is in session, any bill, including an appropriation bill or any part thereof, disapproved by the Governor shall be returned by him to the house in which it originated, with his objections thereto, within five days after receipt thereof, Sundays excepted, or become a law. If the Legislature, by adjournment, prevents the return of a disapproved bill, other than an appropriation bill, within such time, it shall be filed by the Governor in the office of the Secretary of State with his objections within fifteen days, Sundays excepted, after adjournment, or become a law. If the Legislature, by adjournment, prevents the return of a disapproved appropriation bill or any part thereof, it shall be filed by the Governor in the office of the Secretary of State with his objections within five days after adjournment, or become a law. When any bill, including an appropriation bill or any part thereof, is disapproved after adjournment of the Legislature and such bill with the Governor's objections is filed in the office of the Secretary of State within the prescribed time as aforesaid, the Governor shall notify the house in which the bill originated of his action.

            Every bill approved by the Governor shall, within the prescribed time after it is presented to him, as aforesaid, be filed by the Governor in the office of the Secretary of State and the fact of such approval communicated by the Governor to the house in which said bill originated.

            Any bill which shall be neither approved nor disapproved by the Governor shall immediately, after the expiration of the time fixed by the Constitution of West Virginia in which he may disapprove the same, be filed in the office of the Secretary of State, who shall forthwith engross thereon a certificate to the following effect: "I certify that the foregoing act, having been presented to the Governor for his approval, and not having been returned by him to the house of the Legislature in which it originated within the time prescribed by the Constitution of the State, has become a law without his approval,.” and shall date and sign the same. The Governor shall notify the house in which the bill originated of each bill becoming a law without his approval.

            When a bill is returned to either house of the Legislature with the objections of the Governor, proceedings thereon shall be governed by section fourteen, article seven Article VII, Section 14 of the State Constitution of West Virginia. In such cases the Clerk of the Senate and the Clerk of the House of Delegates shall engross the action, if any, of their respective houses on the reconsideration of the bill, and sign the same.

            The action of the Governor on all bills presented to him shall be appropriately noted in the Journals of the two houses.

Joint Meetings of Committees

            19. 20. Whenever any bill has been referred by the Senate to one of its standing committees, and the same or like bill has been referred by the House to one of its committees, the Chairmen Chairs of the respective committees, when in their judgment the interest of legislation or the expedition of business will be better served thereby, may arrange for a joint meeting of their committees for the consideration of such bill. All joint committee meetings shall be presided over by the Chairman Chair of the Senate committee.

What Shall Be Printed in the Journal

            20. 21. The following shall always be printed in the Journal of each house:

            (a) Messages from the Governor and messages from the other house, the titles of all bills and the title and text of all resolutions.

            (b) A record of all votes taken by yeas and nays as required by the Constitution of West Virginia, the rules of the respective houses and these rules; and a brief statement of the contents of each petition, memorial, or paper presented to each house.

            (c) A true and accurate account of the proceedings of each house.

Manner of Printing the Journal and Bills

            21. 22. In printing the daily Journal of the proceedings of each house there shall be printed at the top of each page, except the first, the date of the Journal; and on the last page of each day's Journal shall be printed the calendar for the next day.

            At the top of the first page of each bill, preceding the title and number thereof, there shall be printed the name of the person by whom, or the committee by which, it was introduced and the date of introduction; and at the top of each page, except the first, shall be printed the number of the bill.

Regulation and Use of Legislative Offices, Chambers, Halls, Stairways and Corridors

            22. 23. The presiding officer of each house shall have power to assign and regulate the office space in the portions of the Capitol used by their respective houses and to grant permission for the use of such space and the legislative Chambers for other than legislative purposes. They shall also have jurisdiction over all halls, stairways and corridors in the areas used by their respective houses. The presiding officers may submit any question or request arising under the foregoing provisions of this rule to the Committee on Rules of their respective houses for determination and action.

            The area on the second floor between the legislative Chambers and surrounding the rotunda on the second floor shall be under the jurisdiction of the Joint Committee on Rules. It shall be the duty of this committee to maintain and preserve the aesthetic features of this area of the Capitol. No display or exhibition of any material or objects in this area shall be permitted without approval of the committee.

            Attaching pictures, posters, cards or placards on the walls in any manner whatsoever in the halls, stairways and corridors in the areas used by the respective houses and in the area between the legislative Chambers surrounding and to the east and west of the rotunda is prohibited.

Resolutions

            23. 24. Resolutions requiring concurrent action may originate in either house, and shall be of two kinds, namely:

            Joint Resolutions: These resolutions shall be used for proposing amendments to the State Constitution of West Virginia and for ratifying amendments to the Constitution of the United States. Joint resolutions proposing amendments to the State Constitution of West Virginia shall be adopted as provided in section two, article fourteen Article XIV, Section 2 of said Constitution.

            Concurrent Resolutions: Such resolutions shall be used for all purposes not covered by joint resolutions as defined above.

Suspension of Joint Rules

            24. 25. No Joint Rule shall Joint Rules may only be suspended, except by a two-thirds vote of each house, and unless there be unanimous consent, such vote shall be taken by yeas and nays, or by unanimous consent.

Transfer Amounts Between Items

            25. 26. The Clerk of the Senate, with the approval of the presiding officer, is authorized to make written request to the State Auditor for the transfer of amounts between items of the total appropriations for the Senate, in order to protect or increase the efficiency of the service. Upon receipt of such written request, the State Auditor shall transfer the amounts as requested.

            26. 27. The Clerk of the House of Delegates, with the approval of the presiding officer, is authorized to make written request to the State Auditor for the transfer of amounts between items of the total appropriations for the House of Delegates, in order to protect or increase the efficiency of the service. Upon receipt of such written request, the State Auditor shall transfer the amounts as requested.

            27. 28. The Clerk of the Senate and the Clerk of the House of Delegates, with the approval of the presiding officers, are authorized to make a joint written request to the State Auditor for the transfer of amounts between items of the total appropriations for joint expenses of the Legislature, in order to protect or increase the efficiency of the service. Upon receipt of such written request, the State Auditor shall transfer the amounts as requested.

Lobbying

            28.       (Rescinded by SCR2, 2nd Ex. Sess., 1990)

Joint Committee on Pensions and Retirement

            29. (a) A joint standing committee of the Senate and House of Delegates, named the Joint Committee on Pensions and Retirement, shall continually study and investigate public retirement systems. All pension and retirement related legislation introduced in the Legislature shall be referred to the committee in addition to any other reference the presiding officer may designate. Upon reference of any pension or retirement related legislation, the committee shall forward such legislation to the actuary of the Consolidated Public Retirement Board or other actuary or actuarial firm who shall return an actuarial letter or note to the committee prior to the committee's consideration of such legislation.

            (b) The committee shall consist of seven members of the Senate to be appointed by the presiding officer of the Senate and seven members of the House of Delegates to be appointed by the presiding officer of the House of Delegates. If possible, no more than five of the seven members appointed by the presiding officers of the Senate and the House of Delegates, respectively, may be members of the same political party.

            (c) The committee shall make a continuing study and investigation of retirement benefit plans applicable to non-federal government employees in this state. The powers and duties of the committee include, but are not limited to, the following:

            (1) Studying retirement benefit plans applicable to non-federal government employees in the state of West Virginia, including, without limitation, federal plans available to such employees;

            (2) Making recommendations within the scope of the study with particular attention to financing of the various pension funds and financing of accrued liabilities;

            (3) Considering all aspects of pension planning and operation, and making recommendations designed to establish and maintain sound pension policy as to all funds;

            (4) Filing a report to each regular session of the Legislature concerning activities conducted between sessions;

            (5) Analyzing each item of proposed pension and retirement legislation, including amendments thereto, with particular reference to analysis as to cost, actuarial soundness, and adherence to sound pension policy, and reporting of its findings in regard thereto to the Legislature; and

            (6) Maintaining reference materials concerning pension and retirement matters, including, without limitation, information as to laws and systems in other states.

            (d) The committee shall hold meetings at such times and places as it may designate. The presiding officer of each house shall appoint a co-chair of the committee. When the Legislature is not in session, the committee shall meet and conduct its business as a joint committee.

            When the Legislature is in session, in addition to joint meetings, the members of either house may meet separately from members of the other house to conduct committee business concerning pension and retirement related legislation introduced or originated in that house. When the members meet separately, they may function as other committees of that house. As far as practicable, relevant information, including actuarial letters or notes, gathered by members meeting separately from the other house shall be sent to the co-chair of the other house if it is considering the same or similar legislation.

Bill Carryover

            30.       (Rescinded by SCR 1, Reg. Sess., 1988)

Governing Powers

            31. 29. The presiding officers of each house, as selected in accordance with the Constitution of West Virginia, the Rules of the Senate, the Rules of the House of Delegates, respectively, these Joint Rules, and laws of the State, shall have the power to and are hereby authorized to act on behalf of the Legislature as required by the business and legal affairs of the Legislature unless otherwise directed by a majority vote of both houses while the Legislature is in session or by the majority vote of the Joint Committee on Government and Finance while the Legislature is not in session.

Receipt of Constitutional Petitions and Resolutions

            32. 30. Any application from a county commission or a verified petition from the voters of a county seeking to reform, alter or modify a county commission pursuant to Article IX, Section 13 of the West Virginia Constitution of West Virginia and any related documents that may be subsequently submitted shall be filed with the Clerk of the Senate and the Clerk of the House of Delegates. The Clerk of the Senate and the Clerk of the House of Delegates shall verify that the application, petition or related document has been properly submitted to the other clerk Clerk before processing it in his or her respective house. Such applications, petitions and related documents not submitted to both the Clerk of the Senate and the Clerk of the House of Delegates will not be submitted to either house for processing or consideration by the Legislature.

            When the Legislature is not sitting in regular session, upon receipt of an application, petition or related document from a county commission by the Clerk of the Senate and the Clerk of the House of Delegates, it shall be processed as a regular order of business at the next regular session following receipt of the application, petition or related document.

            Effective with the 2009 regular session of the Legislature, an An application or petition to reform, alter or modify a county commission filed with the Legislature on or after the tenth day of a regular legislative session may not be processed or considered by the Legislature until the next regular legislative session.

            An application or petition to reform, alter or modify a county commission filed with the Legislature is only valid for the session in which it was processed and such application or petition not acted upon during that session is null and void.

            If an application or petition to reform, alter or modify a county commission filed with the Legislature is determined by the Legislature to have an unconstitutional provision, then the Legislature may: (a) Request that the application or petition be corrected and resubmitted; or (b) make changes necessary to meet the constitutional objection. A corrected application or petition may be processed by the Legislature if there is sufficient time remaining in the session for full consideration. If any request by the Legislature to correct an application or petition prevents full consideration of that application or petition during the session in which it would have been considered, the Senate and the House of Delegates and the Senate may process the corrected application or petition at the next regular session.

            At the request of Delegate Cowles, and by unanimous consent, reference of the resolution (S. C. R. 12) 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.

Resolutions Introduced

            Delegates Border, Ambler, Anderson, Arvon, Azinger, Blair, Cadle, Canterbury, Cooper, Espinosa, D. Evans, Faircloth, Gearheart, Hamrick, Hanshaw, Hill, Howell, Ihle, Kelly, Kessinger, Miller, Moffatt, L. Phillips, Romine, Rowan, Stansbury, Statler, Walters and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 25 - “Requesting the Division of Highways to name the bridge on Route 14, bridge number 53-14-9.61, in Wirt County, known as Moorehead Bridge, the ‘US Army PFC Jessica Dawn Lynch Bridge’.”

            Whereas, US Army Private First Class Jessica Dawn Lynch ,then a 19-year-old supply clerk with the 507th Maintenance Company (based in Fort Bliss, Texas), was injured and captured by Iraqi forces after her group made a wrong turn and was subsequently ambushed on March 23, 2003 near Nasiriyah, a major crossing point over the Euphrates River northwest of Basra. She was initially listed as missing in action (MIA). Eleven other soldiers in the company were killed in the ambush; and

            Whereas, US Army Private First Class Jessica Dawn Lynch was a prisoner of war of the Iraqi military in the 2003 invasion of Iraq who was rescued by United States forces on April 1, 2003. It was the first successful rescue of an American POW since World War II and the first ever of a woman soldier; and

            Whereas, On April 12, 2003, US Army Private First Class Jessica Dawn Lynch was flown to the Walter Reed Army Medical Center to undergo specialized treatment and rehabilitation. On April 17,2003 she underwent surgery to repair a bone in her right foot; and

            Whereas, While recovering in Washington, US Army Private First Class Jessica Dawn Lynch was inundated with gifts and flowers from well wishers, so much so that she asked the public to send cards instead. Her family suggested that the public send monetary gifts to charity and relief organizations; and

            Whereas, US Army Private First Class Jessica Dawn Lynch was released from the hospital on July 22, 2003, more than three months after her injury, and, on August 27, 2003, she was given an honorable discharge; and

            Whereas, US Army Private First Class Jessica Dawn Lynch was awarded the Bronze Star Medal, the Purple Heart, the Prisoner of War Medal, the National Defense Service Medal, the Global War on Terrorism Expeditionary Medal and the Army Service Ribbon; and

            Whereas, On December 16, 2011 US Army Private First Class Jessica Dawn Lynch received her education degree from West Virginia University at Parkersburg, after completing her student-teacher training at the same elementary school she had attended in Wirt County; and

            Whereas, It is only fitting that we name this bridge to honor US Army Private First Class Jessica Dawn Lynch; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name the bridge on Route 14, bridge number 53-14-9.61, known as Moorehead Bridge, in Wirt County the "US Army PFC Jessica Dawn Lynch 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 "US Army PFC Jessica Dawn Lynch 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 US Army Private First Class Jessica Dawn Lynch.

            Delegates Marcum, H. White, R. Phillips, Rodighiero, Moffatt, Eldridge, Moye, Byrd, Miley, Ambler, Arvon, Blair, Campbell, Caputo, Faircloth, Ferro, Folk, Hartman, Hicks, Householder, Howell, Ihle, Kessinger, Kurcaba, Longstreth, Lynch, Miller, Morgan, O’Neal, Overington, Perdue, Perry, L. Phillips, Pushkin, Reynolds, Rohrbach, P. Smith, R. Smith, Sobonya, Stansbury, Wagner, Walters, Westfall, B. White and Sponaugle offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 26 - “Requesting the Division of Highways to name a stretch of road beginning at 20 Whitman Church and up Whitman Creek one mile in Logan County, “Ingram’s Way”.

            Whereas, James and John Ingram of Logan County have the following accomplishments in the world of competitive archery: James Ingram – 2004 World Champion; 2004 World Record Holder of Highest Archery Score in competition; Placed in the top ten of the greatest archery competitors in the World Championships on three separate occasions; 10 State Championships–Louisiana (3 times), Arkansas (3 times), Missouri (2 times) and Texas and Tennessee. John Ingram – Air Force veteran; 2012 ASA 8th Place in World Championships; 2012 central Arkansas Bowhunter Shooter of the year 2012 Hoyt State Champion; 2012 IAS Shooter of the Year; 2010 Hoyt State Champion; 2010 IAS Shooter of the Year; 2010 Arkansas 2nd Place ASA State Championship; 2005 T.H.E. 2nd Place World Championship; 1999 Missouri Red Head Indoor Pop Up State Champion 1999 ASAA State Champion; and

            Whereas, Their archery accomplishments and contributions to their county and state should not go unnoticed; and

            Whereas, Naming that stretch of road in Logan County, "Ingram’s Way" is an appropriate recognition of their contributions and accomplishments; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name that one mile stretch of road beginning at 20 Whitman Church and up Whitman Creek one mile in Logan County, "Ingram’s Way"; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the one mile stretch of road up Whitman Creek as the "Ingram’s Way"; 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, James and John Ingram and the family of James and John Ingram.

            Mr. Speaker, Mr. Armstead, and Delegates Walters, D. Evans and J. Nelson offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 27 - “Requesting the Division of Highways to name a future bridge with a design number of 10978, longitude 38.39933, latitude -81.57895, carrying future County Route 219/32 over the Elk River in Kanawha County the “West Virginia Air National Guard 167th Fighter Squadron Memorial Bridge.”

            Whereas, On April 8, 1951, nine officers and twelve enlisted Airmen of the West Virginia Air National Guard’s 167th Fighter Squadron left Godman Air Force Base, Kentucky, aboard a Douglas C-47B Skytrain en route to Charleston, West Virginia, to attend the funeral of a brother pilot. Most of the men aboard the flight had trained for more than three years at Kanawha Airport as members of the West Virginia Air National Guard and had flown thousands upon thousands of miles over the territory without one fatal accident and knew the terrain. All of the pilots of the squadron were veterans of World War II. The previous year the squadron had attained the highest efficiency rating which included morale, operating efficiency, maintenance, safety and many other factors of any Air National Guard squadron in the Nation. Credit for this distinction should go to every member of the squadron which was headed at the time by Lieutenant Colonel James K. McLaughlin of Charleston, West Virginia; and

            Whereas, The plane was piloted on April 8 by Captain Edwin Keatley Whittington of Charleston, West Virginia, who had an outstanding war record with the Air Transport Command and joined the 167th when it was formed in the Spring of 1947. Captain Whittington was considered by most as the best “big ship” pilot in the squadron. The co-pilot was 1st Lt. Harry B. Kesler who was also a war veteran with the Air Transport Command. After joining the squadron at its inception, Lieutenant Kesler was severely injured in an automobile accident and wore a steel brace that held his back rigid, but he loved flying so much that he refused to give up his pilot’s rating and his handicap did not impair his skill as a flier. Also on board the flight were T. Sgt. William H. Shelton, S. Sgt. David E. Rollyson, Jr., Cpl. Charles E. Cobb, Cpl. Dennis I. Meeks, S. Sgt. Kenneth C. Amick, Sgt. Richard F. Hazeltine, and Captain Harry K. Blackhurst all of Charleston; Sgt. Winson A. Schoonover, Cpl. Columbus Hall, Cpl. John R. Price, 1st Lt. Herman F. Winter, and Pfc. James Richard Lewis all of South Charleston; Sgt. James E. Creasy of Cabin Creek; Pfc. Jimmy Dolan of Cheylan; 1st Lt. Drexel E. Crites of St. Albans; 1st Lt. Lyle F. Finley of Harrisville; 1st Lt. Charles R. Michaelson of Nitro; 1st Lt. William J. Frank of Montgomery; and Major Isaac E. Bonifas of Portland, Indiana; and

            Whereas, Eight miles and four air minutes away from their destination and on their way in to land, the plane struck the side of a hill and vaulted fifty feet on the other side. The second impact tore off the right wing and part of the left wing, and the fuselage skidded 400 feet before it came to rest and burst into flames. Nineteen of those on board were killed in the crash, and two were badly injured and later succumbed to their injuries, making this one of the worst air tragedies in the history of Southern West Virginia. Another plane of Airmen also on their way from Godman Air Base on April 8 to Charleston for the funeral and piloted by Lt. Col. James K. McLaughlin, deputy commanding officer of the 123rd fighter-bomber wing, turned back to Godman following the crash; and

            Whereas, It is fitting and appropriate that we honor these fallen West Virginia Air National Guard members by naming a future bridge with a design number of 10978, longitude 38.39933, latitude -81.57895, carrying future County Route 219/32 over the Elk River in Kanawha County the “West Virginia Air National Guard 167th Fighter Squadron Memorial Bridge”; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name a future bridge with a design number of 10978, longitude 38.39933, latitude -81.57895, carrying future County Route 219/32 over the Elk River in Kanawha County the “West Virginia Air National Guard 167th Fighter Squadron 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 “West Virginia Air National Guard 167th Fighter Squadron 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 office of the Adjutant General.

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

By Delegates Overington, Householder, Moffatt, Espinosa, Upson, Frich, R. Phillips, Perdue, Hanshaw, Border and Miller:

            H. J. R. 13 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, 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.

            By Delegates Hamrick, Sobonya, Miller, Butler, Rohrbach and J. Nelson:

            H. J. R. 14 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article twelve thereof, relating to reforming the West Virginia Board of Education so that its membership is made up of elected and appointed members; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary.

            Delegates Rowan, A. Evans and Sponaugle offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 6 - “Proclaiming August 28, 2015, and every August 28 thereafter to be designated as Teachers’ Day in Hardy, Grant and Hampshire counties of West Virginia in tribute to public citizens who have aided public education and abiding respect for those persons who have dedicated their careers to be a teacher.”

            Whereas, A special day should be proclaimed in the State of West Virginia to honor the dedicated people who teach our children and there is currently no such day designated at the state or the national level; and

            Whereas, A special day honoring West Virginia's teachers is in the best interest of the teaching profession, would increase the morale of individual teachers and would be in the public interest; and

            Whereas, Teachers’ Day in West Virginia would be a day to honor the outstanding teachers in the State of West Virginia at no additional cost to its taxpayers; and

            Whereas, Every effort should be made by the Legislature and the citizens of West Virginia to encourage the federal government to designate August 28, 2015 and every August 28 thereafter as National Teachers’ Day; and

             Whereas, The Legislature encourages the citizens of each county in the State West Virginia to observe August 28 by honoring our exemplary retired teachers and their many accomplishments on behalf of our young people; therefore, be it

            Resolved by the House of Delegates:

            That August 28, 2015, and every August 28 thereafter be designated as Teachers' Day in Hardy, Grant and Hampshire counties of West Virginia in tribute to public citizens who have aided public education and abiding respect for those persons who have dedicated their careers to be a teacher; and, be it

            Further Resolved, That the Clerk of the House prepare a copy of this resolution for the State Superintendent of Schools, and each teacher and principal in the schools of Hardy, Grant and Hampshire counties.

Bills Introduced

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

By Delegate Rodighiero:

            H. B. 2383 - “A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating to freezing employee premiums at the current level until July 1, 2018”; to the Committee on Banking and Insurance then Finance.

By Delegates Walters, Canterbury, R. Phillips, Overington, Byrd, Rowe, Stansbury, Guthrie, B. White, Mr. Speaker, Mr. Armstead, and E. Nelson:

            H. B. 2384 - “A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to removing prohibition of municipalities that are participating in the Municipal Home Rule Pilot Program to pass ordinances, acts, rules or regulations pertaining to municipal pension plans”; to the Committee on Pensions and Retirement then Political Subdivisions.

By Mr. Speaker, Mr. Armstead, and Delegate Miley:

            [By Request of the Executive]:

            H. B. 2385 - “A Bill to amend and reenact §11-16-6, §11-16-9 and §11-16-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-16-6a, all relating to brewer, resident brewer and brewpub licensing and operations; permitting licensed brewers and resident brewers to conduct a nonintoxicating beer sampling; permitting licensed brewers and resident brewers to conduct growler sales for off-premises consumption from their brewery premises located in the state; clarifying licensing and operational requirements for brewers, resident brewers and brewpubs; and removing brewpub bonding requirements”; to the Committee on Small Business, Entrepreneurship and Economic Development then the Judiciary.

By Delegates Pethtel, Ferro, Statler, Kurcaba, Howell, McGeehan, Faircloth, Hartman, Morgan and Storch:

            H. B. 2386 - “A Bill to amend and reenact §30-27-10 of the Code of West Virginia, 1931, as amended relating to the Board of Barbers and Cosmetologists; and exempting cosmetologists who have been licensed for twenty years or more from continuing education requirements”; to the Committee on Government Organization.

By Delegates Pasdon, Statler, Rowan, Romine, Ambler and Espinosa:

            H. B. 2387 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-36, relating to a framework for initiating comprehensive transformation of school leadership; making legislative findings that provide a context for leadership that promotes instructional improvement; stating purpose of section as framework for development of needed statutory and policy changes; stating further purpose to initiate transformation through general statement of legislative intent; providing certain expectations; stating intent for process of broad stakeholder input; requiring convening of stakeholders to assist state board; listing minimum issues to be considered for state recommendations; and requiring reports and recommendations to Legislature and Governor”; to the Committee on Education.

By Delegates Rodighiero and Hicks:

            H. B. 2388 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §17C-15-43a, relating to requiring the State Board of Education to cause school buses to be equipped with safety belts”; to the Committee on Education then Finance.

By Delegates Rodighiero and Hicks:

            H. B. 2389 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-2a; to amend said code by adding thereto a new section, designated §5-10-22l; to amend said code by adding thereto a new section, designated §18-7A-26w; and to amend said code by adding thereto two new sections, designated §18A-4-2c and §18A-4-8j, all relating to granting all public employees, all teachers, all service employees, all public employee retirees, all teacher retirees and all service employee retirees a $1,000 per year permanent pay increase”; to the Committee on Finance.

By Delegate Rodighiero:

            H. B. 2390 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-9f, relating to public health; and requiring all public accessible restrooms to provide hand sanitizers either in or at the exit from the restroom portion of the public facility”; to the Committee on Health and Human Resources then Finance.

By Delegates Pasdon, Duke, Statler, Kurcaba, Upson, Rohrbach, D. Evans, Cooper, Romine, Wagner and Rowan:

            H. B. 2391 - “A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended, relating to authorizing additional annual waiver to full implementation of five full day early childhood education program for a certain purpose”; to the Committee on Education.

By Delegates Pasdon, Duke, Statler, Rowan, Cooper, D. Evans, Kurcaba, Ambler and Espinosa:

            H. B. 2392 - “A Bill to amend and reenact §18-9A-4, §18-9A-5 and §18-9A-7 of the Code of West Virginia, 1931, as amended, all relating to adding flexibility for use of certain public school support plan amounts; removing limits on amounts of certain allowances based on numbers employed; basing required ratio of instructional personnel on professional educators funded; adding propane to incentive for alternative fuels; allowing portion of amount for bus replacement for higher priority use subject to certain certification; and removing obsolete provisions”; to the Committee on Education then Finance.

By Delegates Rodighiero and Hicks:

            H. B. 2393 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-24, relating to requiring recipients of Supplemental Nutrition Assistance Program be issued a photo identification card; establishing criminal penalties for misuse; and granting rule-making authority”; to the Committee on the Judiciary then Finance.

By Delegates R. Smith, R. Phillips, J. Nelson, Wagner, Summers, Marcum, H. White, Arvon, L. Phillips, Kessinger and Storch:

            H. B. 2394 - “A Bill to amend and reenact §11-13V-4 of the Code of West Virginia, 1931, as amended, relating to repealing the additional tax on the privilege of severing coal, effective July 1, 2015”; to the Committee on Energy then Finance.

By Delegates Westfall, Pasdon, B. White, Frich, O’Neal and Ashley:

            H. B. 2395 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6M-1, §46A-6M-2, §46A-6M-3, §46A-6M-4, §46A-6M-5 and §46A-6M-6, all relating generally to providing consumers with the right to cancel residential roofing contracts where the contract is expected to be paid from a property and casualty insurance policy; providing definitions; establishing a consumer’s right to cancel; creating standard disclosure and notice requirements; providing for advanced payment prohibition, refunds, emergency repairs and unenforceability of contract; prohibiting certain acts; and misdemeanor criminal offense and penalty”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Rodighiero and Perdue:

            H. B. 2396 - “A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to changing the way that the costs of incarcerating inmates in regional jails is collected so that these are shared by the county, state and municipality where the alleged criminal act occurs; making the cost of incarceration for less than twenty-four hours one-half the per diem charge for a full day; and, providing a funding source for regional jail central office employees and operations”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Rodighiero and Perdue:

            H. B. 2397 - “A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting the establishment of methadone treatment programs and clinics in this state, except for programs and clinics operated by comprehensive community mental health centers”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Rodighiero, Hicks and Perdue:

            H. B. 2398 - “A Bill to amend and reenact §33-6B-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-20-3 and §33-20-5 of said code, all relating to prohibiting the number of inquiries reflected in a credit report, credit score report or CLUE report from adversely affecting an application for insurance; to limiting the use of a credit score to banking institution credit scoring for casualty insurance rate filings; and prohibiting reliance on information which is false or potentially false; limiting the use of a credit score in casualty insurance rate filings”; to the Committee on Banking and Insurance then Finance.

By Delegates Rodighiero and Marcum:

            H. B. 2399 - “A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to exempting all veterans of the Armed Forces or any reserve component thereof from having to obtain a hunting, trapping fishing license”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Rodighiero and Marcum:

            H. B. 2400 - “A Bill to amend and reenact §11A-1-3 of the Code of West Virginia, 1931, as amended, relating to quarterly payment of real and personal property taxes; and requiring new tax tickets to be mailed after property is transferred”; to the Committee on Finance.

By Delegates Rodighiero and Marcum:

            H. B. 2401 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-14a, relating to authorizing the issuance of special ‘In God We Trust’ motor vehicle registration plates”; to the Committee on Roads and Transportation then the Judiciary.

By Delegate Rodighiero:

            H. B. 2402 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to crimes against the person; creating a criminal felony offense of aggravated assault or battery of a child or a person who is mentally incapacitated; and providing penalties”; to the Committee on the Judiciary.

By Delegate Rodighiero:

            H. B. 2403 - “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-16B-6f, relating to qualifying children of state employees, receiving income of $25,000 per year or less, for the West Virginia Children’s Health Insurance Program”; to the Committee on Health and Human Resources then Finance.

By Delegate Rodighiero:

            H. B. 2404 - “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 providing one-time supplements to all annuitants when they reach the age of seventy”; to the Committee on Pensions and Retirement then Finance.

By Delegate Rodighiero:

            H. B. 2405 - “A Bill to amend and reenact §17D-2A-4 of the Code of West Virginia, 1931, as amended, relating to motor vehicle insurance; and providing a maximum repair cost for insured owners of motor vehicles if a collision with a deer caused the damage”; to the Committee on Banking and Insurance then the Judiciary.

By Delegate Rodighiero:

            H. B. 2406 - “A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to relieving the burden imposed on counties of incarcerating inmates in regional jails by changing the way the cost of incarcerating inmates in regional jails is collected so that it is shared by the county, state and municipality wherein the alleged criminal act occurred; and making the cost of incarcerating a person for less than twenty-four hours, one-half the amount charged for incarcerating an inmate for a full day”; to the Committee on the Judiciary then Finance.

By Delegates Storch, Zatezalo, Weld, Fluharty, Trecost, Ferro and D. Evans:

            H. B. 2407 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5c, relating to reallocating and dedicating three percent of oil and gas severance tax revenues up to $20 million annually to the oil and gas producing counties of origin and their respective municipalities; establishing state and local oil and gas county reallocated severance tax funds and providing for distribution of the moneys to the county commissions and governing bodies of the municipalities by the State Treasurer; establishing amounts each oil and gas producing county and their respective municipalities are to receive; requiring the creation of local funds into which moneys are to be deposited; requiring moneys be expended solely for economic development projects and infrastructure projects; providing definitions; providing restrictions on the expenditure of moneys; providing duties of State Tax Commissioner; requiring report of expenditures to Joint Committee on Government and Finance; providing audits of distributed funds when authorized by the Joint Committee on Government and Finance; and authorizing legislative and emergency rules”; to the Committee on Energy then Finance.

By Delegates Ellington, Householder, Sobonya, Arvon, Stansbury, Pasdon and Rohrbach:

            H. B. 2408 - “A Bill to amend and reenact §30-7-15a of the Code of West Virginia, 1931, as amended, relating to collaborative practice; relating to requiring local public officer and licensed physician faculty member at a school of medicine to enter into a collaborative relationship with an authorized advance practice registered nurse”; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Rodighiero:

            H. B. 2409 - “A Bill to repeal §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-8, §24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12 of the Code of West Virginia, 1931, as amended, all relating to the Alternative and Renewable Energy Portfolio Act; and repealing that act”; to the Committee on Energy then the Judiciary.

By Delegates Walters, Canterbury, Ambler, Cooper, H. White, R. Smith, J. Nelson, Stansbury, R. Phillips, McGeehan and Byrd:

            H. B. 2410 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2 and §11-13DD-3; to amend and reenact §15-5-21 of said code; and to amend and reenact §55-7D-1 of said code, all relating to improving state emergency preparedness; creating an emergency generator tax credit for gas, diesel or propane fueled machines; requiring the Office of Emergency Services to coordinate with local radio and television stations to broadcast public service announcements with information as to the location of emergency shelters; and providing a protection from civil or criminal liability to persons donating food during times of emergencies”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates Hamilton, Skinner, Storch, Guthrie, Moye, L. Phillips, Longstreth, Romine, Azinger, Lynch and Canterbury:

            H. B. 2411 - “A Bill to amend and reenact §3-1A-6 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to prosecute election violations”; to the Committee on the Judiciary then Finance.

By Delegates P. Smith, Perry, Hartman, Eldridge, Campbell, Lynch, Williams, Longstreth, Frich, Rowe and Pethtel:

            H. B. 2412 - “A Bill to amend and reenact §15-12-5 of the Code of West Virginia, 1931, as amended, relating to disclosure of sex offender registration to public and private elementary and secondary schools and institutions of higher education where the registrant is employed or attends school”; to the Committee on Education then the Judiciary.

By Delegates P. Smith, Rodighiero, Trecost, Eldridge, Lynch, Williams, Rowe and Ferro:

            H. B. 2413 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §18A-4-2c and §18A-4-8j; and to amend said code by adding thereto a new section, designated §18B-7-1a, all relating to providing pay rates for teachers and other personnel employed by county boards of education and institutions of higher education for work assignments outside of regular school days or regular employment duties or beyond contracted employment periods”; to the Committee on Education then Finance.

By Delegates P. Smith, Moye, Rodighiero, Trecost, Eldridge, Campbell, Lynch, Williams, Longstreth, L. Phillips and Rowe:

            H. B. 2414 - “A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended, relating to permitting a salary increase for kindergarten aides and early childhood classroom assistant teachers who have more than twenty pupils per session”; to the Committee on Education then Finance.

By Delegates P. Smith, Rodighiero, Trecost, Eldridge, Campbell, Lynch, Williams and Longstreth:

            H. B. 2415 - “A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to removing the armed conflict requirement before state employees may receive credit for time served in the Armed Forces of the United States; and prohibiting those employees who were not honorably discharged from receiving that credit”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates P. Smith and Lynch:

            H. B. 2416 - “A Bill to amend and reenact §27-6A-3 of the Code of West Virginia, 1931, as amended, relating to competency and criminal responsibility of persons charged or convicted of a crime; and the evaluation standard used in releasing forensic admissions from mental health facilities to a less restrictive environment”; to the Committee on the Judiciary.

By Delegates P. Smith, Hartman, Moye, Rodighiero, Trecost, Eldridge, Lynch and Williams:

            H. B. 2417 - “A Bill to amend and reenact §18-7A-28 of the Code of West Virginia, 1931, as amended, relating to the State Teachers Retirement System; options to beneficiaries; and authorizing a change of options because of death of beneficiary with a joint life annuity, within the first five years of retirement”; to the Committee on Pensions and Retirement then Finance.

By Delegates P. Smith, Rodighiero and Lynch:

            H. B. 2418 - “A Bill to amend and reenact §27-5-4 of the Code of West Virginia, 1931, as amended, relating to requiring the Department of Health and Human Resources to reimburse the circuit clerk of the county for expenses of filing, postage and copies of involuntary commitment hearings”; to the Committee on the Judiciary then Finance.

By Delegates P. Smith, Trecost, Eldridge, Lynch and Longstreth:

            H. B. 2419 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-5A-1, relating to adding fifty new positions to the staff at the William R. Sharpe, Jr. Hospital”; to the Committee on Health and Human Resources then Finance.

By Delegates Hamilton, A. Evans, Romine, Lynch, Border, Kurcaba, Statler, Ambler, Guthrie, L. Phillips and Eldridge

            [By Request of the Division of Natural Resources]:

            H. B. 2420 - “A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to unlawful methods of hunting and fishing; and prohibiting the use of night vision technology and drones or other unmanned aerial vehicles in the hunting or taking of wildlife”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates P. Smith, Rodighiero, Trecost, Eldridge, Lynch, Williams, Longstreth, Rowe and Ferro:

            H. B. 2421 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §6-13A-1, relating to retaining jobs for certain disabled veterans seeking or receiving treatment for active duty service-connected injury”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates Overington, Butler, Espinosa, Rohrbach, Upson, J. Nelson, Cooper, D. Evans, Border, Frich and Foster:

            H. B. 2422 - “A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to removing the requirement that home schooled students have to acquire a general equivalency degree (GED) in order to be eligible to receive a PROMISE scholarship”; to the Committee on Education then the Judiciary.

By Delegates Hamilton, Romine, Azinger, Sponaugle, Lynch, Canterbury, Border, Ambler, Pethtel, Guthrie and Morgan:

            H. B. 2423 - “A Bill to amend and reenact §5-10-18 of the Code of West Virginia, 1931, as amended, relating to providing an eleven month window to permit members of the public employees retirement system to purchase credited service that had been previously forfeited”; to the Committee on Pensions and Retirement then Finance.

By Delegates Overington, Gearheart, Cadle, Butler, Householder, Moffatt, Faircloth, Frich, Sobonya and Howell:

            H. B. 2424 - “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §3-11A-1, §3-11A-2, §3-11A-3 and §3-11A-4, all relating to providing a procedure for West Virginia to select delegates to an Article V convention for proposing amendments to the Constitution of the United States of America; defining terms; setting forth delegate duties and responsibilities; and providing a felony criminal penalty for violation of a delegate’s oath”; to the Committee on the Judiciary then Finance.

By Delegates Howell, McGeehan, Blair, Westfall, R. Smith, Eldridge, Kessinger, Border, Hamilton, Trecost and Pasdon:

            H. B. 2425 - “A Bill to amend and reenact §18-2-6 and of the Code of West Virginia, 1931, as amended, relating to requiring that, in order to graduate from high school or obtain a General Educational Development (GED) diploma, a pupil must correctly answer at least sixty of the one hundred questions listed on a test that is identical to the civics portion of the naturalization test used by the United States Citizenship and Immigration Services; and requiring a school to document on the pupil's transcript that the pupil has passed the test”; to the Committee on Education.

By Delegates Walters, Frich, R. Phillips, J. Nelson, Folk, Smith, R. Marcum, Ireland, D. Evans, Hanshaw and H. White:

            H. B. 2426 - “A Bill to amend and reenact §33-2-21a of the Code of West Virginia, 1931, as amended, relating to the Volunteer Fire Departments Workers’ Compensation Subsidy Program and the Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund; and providing for the merger of the purposes and provisions of that subsidy program and the subsidy fund in the state agency workers’ compensation programs section of the code”; to the Committee on Finance.

By Delegates Cadle, Foster, Hamrick, Moffatt, R. Smith, Zatezalo, McGeehan, Blair, Ihle, Hill and Faircloth:

            H. B. 2427 - “A Bill to amend and reenact §61-3-30 of the Code of West Virginia, 1931, as amended, relating to increasing penalties for destruction or theft of election campaign advertising”; to the Committee on the Judiciary.

By Delegates P. Smith, Perry, Hamrick, Trecost, Eldridge, Campbell, Lynch, Williams, Frich, Ferro and Reynolds:

            H. B. 2428 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-11b; and to amend and reenact §62-12-26 of said code, all relating to prohibiting a person convicted of a sexual offense against a child from being on school property without written permission of a judge or parole officer; creating criminal penalties; and defining terms”; to the Committee on the Judiciary.

By Delegates P. Smith, Perry, Hamrick, Moye, Eldridge, Lynch, Williams, Ferro, Reynolds, Faircloth and Sobonya:

            H. B. 2429 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-19, relating to requiring a convicted sex offender who volunteers for an organization whose volunteers have contact with minors to inform that organization of his or her conviction; requiring the organization that accepts the sex offender as a volunteer to notify the parents or guardians of those minors of his or her conviction; and setting forth penalties”; to the Committee on the Judiciary.

By Delegate Skinner:

            H. B. 2430 - “A Bill to amend and reenact §36B-1-103, §36B-1-104, §36B-1-108, §36B-1-201, §36B-1-203, §36B-1-204, §36B-1-206 and §36B-1-207 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto four new sections, designated §36B-1-115, §36B-1-116, §36B-1-208 and §36B-1-209; to amend and reenact §36B-2-103, §36B-2-105, §36B-2-106, §36B-2-109, §36B-2-112, §36B-2-113, §36B-2-116, §36B-2-117, §36B-2-118 and §36B-2-119 of said code; to amend said code by adding thereto two new sections, designated §36B-2-123 and §36B-2-124; to amend and reenact §36B-3-101, §36B-3-102, §36B-3-103, §36B-3-105, §36B-3-106, §36B-3-108, §36B-3-109, §36B-3-110, §36B-3-111, §36B-3-112, §36B-3-113, §36B-3-114, §36B-3-115, §36B-3-116, §36B-3-117 and §36B-3-118 of said code; to amend said code by adding thereto five new sections, designated §36B-3-120, §36B-3-121, §36B-3-122, §36B-3-123 and §36B-3-124; and to amend and reenact §36B-4-101, §36B-4-102, §36B-4-103, §36B-4-108, §36B-4-109, §36B-4-112, §36B-4-113, §36B-4-114, §36B-4-116 and §36B-4-117 of said code, all relating to updating the Uniform Common Interest Ownership Act; and providing for applicability of the chapter”; to the Committee on the Judiciary.

By Delegate Skinner:

            H. B. 2431 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-9C-1, §15-9C-2, §15-9C-3, §15-9C-4, §15-9C-5 and §15-9C-6, all relating to creating a board for review of officer-involved deaths”; to the Committee on the Judiciary then Finance.

By Delegates Ellington, Householder, Arvon, Howell and Stansbury:

            H. B. 2432 - “A Bill to amend and reenact §30-5-9 of the Code of West Virginia,1931, as amended, relating to the licensure requirements to practice pharmacist care”; to the Committee on Health and Human Resources then Government Organization.

By Delegates P. Smith, Rodighiero, Rowan, Trecost, Campbell, Lynch, Williams, Longstreth, Rowe, Pethtel and Ferro:

            H. B. 2433 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-14a, relating to authorizing the Division of Motor Vehicles to issue special license plates for applicants who are hearing impaired; establishing requirements for eligibility; and specifying fees”; to the Committee on Roads and Transportation then Finance.

By Delegates P. Smith, Hartman, Perry, Moye, Rodighiero, Trecost, Eldridge, Campbell, Lynch, Williams and Longstreth:

            H. B. 2434 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §6-13A-1, relating to requiring an employer to retain a job for a veteran with a service-connected disability while the veteran seeks or receives treatment related to the service-connected disability and is able to return to work”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates P. Smith, Perry, Hartman, Moye, Rodighiero, Eldridge, Campbell, Lynch, Williams, Longstreth and L. Phillips:

            H. B. 2435 - “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 $80”; to the Committee on Government Organization then Finance.

By Delegates P. Smith, Perry, Hartman, Moye, Rodighiero, Trecost, Eldridge, Campbell, Lynch, Williams and Longstreth:

            H. B. 2436 - “A Bill to amend and reenact §49-6-1a of the Code of West Virginia, 1931, as amended, relating to increasing the number of child protective service workers at the Department of Health and Human Resources”; to the Committee on Health and Human Resources then Finance.

By Delegates P. Smith, Perry, Moye, Rodighiero, Trecost, Eldridge, Campbell, Lynch, Williams, Longstreth and L. Phillips:

            H. B. 2437 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-37; and to amend said code by adding thereto a new section, designated §18-7A-26w, all relating to providing a cost-of-living provision for certain persons retired under the Public Employees Retirement System and the Teachers Retirement System”; to the Committee on Pensions and Retirement then Finance.

By Delegates P. Smith, Perry, Hartman, Rodighiero, Trecost, Eldridge, Campbell, Lynch, Williams, L. Phillips and Ferro:

            H. B. 2438 - “A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to school service personnel minimum monthly salaries; increasing one of the education increments”; to the Committee on Education then Finance.

By Delegates P. Smith, Rodighiero, Trecost, Eldridge, Campbell, Lynch, Williams, Longstreth, L. Phillips and Frich:

            H. B. 2439 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-16b, relating to creating criminal penalties for assault or battery on a pregnant woman against the will and without the consent of the woman where the perpetrator knows or has reason to know that the victim is pregnant; creating both misdemeanors and felonies; and providing for incremental penalties for multiple batteries”; to the Committee on the Judiciary.

By Delegates Frich, Householder, Arvon, Ellington, Butler, Rohrbach, Sobonya, Waxman, Westfall, Kurcaba and Shott:

            H. B. 2440 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to preventing taxpayer subsidization of health insurance covering elective abortions; prohibiting all qualified health plans offered through a state exchange from including abortion coverage except to prevent the death of the mother; and preventing all other health plans, including health insurance contracts, plans or policies, offered outside of the exchange, but within the state, from providing coverage for elective abortions except by optional separate supplemental coverage for abortion”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Stansbury, Howell, Pasdon, Sobonya, Walters, Shott, Arvon, Rohrbach, Householder, Moffatt and Ellington:

            H. B. 2441 - “A Bill to amend and reenact §18-5-19 and §18-5-19d of the Code of West Virginia, 1931, as amended, all relating to providing that county boards of education are not liable for loss or injury from the use of school property made available for unorganized recreation”; to the Committee on Education then the Judiciary.

By Delegates Pasdon, Cooper, Hamrick, Wagner, Pethtel, Espinosa, Duke, Ambler, Kurcaba, Statler and Kessinger:

            H. B. 2442 - “A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes; requiring days of retirement before instructional term employed as substitute; requiring electronic posting of vacancy; requiring preemployment submission of information to, and verification of compliance by, state board prior to submission to retirement board; resetting expiration date of provisions; and making other technical improvements”; to the Committee on Education then Finance.

By Delegates Pasdon, Stansbury, McCuskey, Hamilton, Fast, Ellington, Westfall, Border, Walters, Statler and Rohrbach:

            H. B. 2443 - “A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required instruction in cardiopulmonary resuscitation and first aid in public school health education subjects; adding care for conscious choking first aid instruction; requiring after certain date minimum thirty minutes instruction prior to graduation in cardiopulmonary resuscitation and psychomotor skills necessary to perform CPR; defining psychomotor skills; requiring CPR instruction be based on program established by American Heart Association or the American Red Cross or other recognized guidelines; authorizing various persons and community members by whom instruction may be given; encouraging those community members to provide training and instructional resources; authorizing school districts to exceed minimum requirements; and requiring authorized CPR/AEducation instructor for instruction that results in certification being earned”; to the Committee on Education.

Daily Calendar

Third Reading

            Com. Sub. for H. B. 2002, Predicating actions for damages upon principles of comparative fault; on third reading, coming up in regular order, with amendments pending, and with restricted right to amend by Delegate Shott, was reported by the Clerk.

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

            Whereupon,

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

            Delegate Marcum moved to amend the bill on page six, section thirteen-c, line thirty-five, by striking out the period, inserting a semicolon and the following:

            “and,

            (4) A defendant whose acts or omissions constitute intentional, willful, wanton or gross negligence which is a proximate cause of the damages suffered by the plaintiff.”

            Delegate Manchin was addressing the House when Delegate Folk arose to a point of order, stating that the remarks being delivered by the Gentleman from the 50th were to the merits of the bill and not to the matter pending before the House.

            The Speaker admonished the Gentleman from the 50th to confine his remarks to the question before the House.

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

            The yeas and nays having been ordered, they were taken (Roll No. 9), and there were--yeas 38, nays 62, absent and not voting none, with the yeas being as follows:

            Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Fast, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, McCuskey, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, Walters, H. White and Williams.

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

 

            Delegate Skinner moved to amend the bill on page six, section thirteen-c, line thirty-eight, by striking out the word “and’.

 

            On page six, section thirteen-c, line thirty-nine, by striking out the period and inserting a semi-colon and the following:

            “And,

            (4) A defendant whose conduct is a proximate cause of the damages suffered by the plaintiff who is under the age of fourteen.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 10), and there were--yeas 34, nays 66, absent and not voting none, with the yeas being as follows:

            Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, Sponaugle, Storch, H. White and Williams.

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

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

            Whereupon,

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

            Delegate Manchin moved to amend the bill on page ten, line seventy-two, following the period, by inserting a new section thirteen-e, to read as follows:

§55-7-13d. Economic impact of assessment of abolishing joint and several liability.

             The West Virginia University Law Institute, created pursuant to article twelve, chapter four of this code, shall conduct a review the effect of implementation of H. B. 2002 as enacted by the 2015 West Virginia Legislature on the economy of the State of West Virginia including, but not limited to, the following: the effect of this new statute on limiting recovery by persons who have been injured by the negligence of others and any associated economic costs or losses; the effects on business, industry and job creation; the impact on the judicial system relating to number of and settlement of personal injury claims; and any other costs or benefits that the institute may identify that have resulted by enacting this statute. The institute shall also make available the lead author of the study or other qualified representative to discuss the study with any committee of the Legislature. The institute shall conduct a follow-up study two and five years following enactment to analyze these economic impacts which shall be based on generally accepted scientific methodology.

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

            The yeas and nays having been ordered, they were taken (Roll No. 11), and there were--yeas 32, nays 68, absent and not voting none, with the yeas being as follows:

            Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, Sponaugle, Trecost, H. White and Williams.

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

            Delegate Sponaugle moved to amend the bill on page six, section thirteen-c, line thirty-five, by striking out the period, inserting a semicolon and the following:

            “and,

            (4) A defendant whose acts or omissions have been found by a jury to constitute fifty percent or more of the negligence which prominently caused the damages suffered by the plaintiff.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 12), and there were--yeas 40, nays 60, absent and not voting none, with the yeas being as follows:

            Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Fast, Ferro, Fleischauer, Fluharty, Frich, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, McCuskey, Miley, Moore, Morgan, Moye, J. Nelson, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, Sponaugle, Storch, Trecost, H. White and Williams.

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

            On motion of Delegate Shott, the bill was amended on page eight, section thirteen, line twenty-seven, following the word “nonparty”, by inserting the words “and not by the amount of the nonparty or party’s settlement”.

            There being no further amendments, and having been engrossed, the bill was read a third time.

            Delegate Walters requested to be excused from voting on the passage of Com. Sub. for H. B. 2002 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was not a member of a class of persons possibly to be affected by the passage of the bill but exhibited direct personal or pecuniary interest therein, and therefor excused the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 13), and there were--yeas 74, nays 25, excused from voting 1, absent and not voting none, with the nays and excused being as follows:

            Nays: Boggs, Byrd, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Manchin, Marcum, Miley, Moore, Perdue, Pethtel, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, Sponaugle, H. White and Williams.

            Excused from Voting: Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2002) passed.

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

            Com. Sub. for H. B. 2002 - “ A Bill to repeal §55-7-13 and §55-7-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §55-7-13a, §55-7-13b, §55-7-13c and §55-7-13d, all relating to predicating actions for damages upon principles of comparative fault; establishing the comparative fault standard; abolishing joint liability and implementing several liability; establishing how to consider the fault of nonparties; establishing how to consider the fault of, and the amounts paid by, settling parties; providing for the use of special interrogatories; clarifying fault may be imputed to another person who was acting as an agent or servant of another; providing for the burden of proof and limitations; and defining terms.

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

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

            S. B. 3, Relating to real property possessor's liability for trespasser harm,

            And,

            H. B. 2138, Adding aircraft operations on private airstrips and farms to the definition of recreational purpose.

Miscellaneous Business

            Delegate Hartman asked and obtained unanimous consent that he be removed as a cosponsor of H. B. 2208, Relating to local smoking restrictions.

            At 1:34 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 28, 2015.