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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Wednesday, January 28, 2015

FIFTEENTH 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 Tuesday, January 27, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Overington, Chair of the Committee on Industry and Labor, submitted the following report, which was received:

            Your Committee on Industry and Labor has had under consideration:

            H. B. 2217, Relating to qualifications of the Commissioner of Labor,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2217) was referred to the Committee on Government Organization.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2205, Creating the crime of prohibited sexual contact by a psychotherapist,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2205) was referred to the Committee on Finance.

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

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 2105, Creating the Captive Cervid Farming Act,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2105) was referred to the Committee on Finance.

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

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

            H. B. 2216, West Virginia Health Benefit Exchange Act,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2216) was referred to the Committee on the Judiciary.

            Delegate Ireland, from the Committee on Energy, submitted the following report, which was received:

            Your Committee on Energy has had under consideration:

            H. B. 2087, Permitting surface owners to purchase the mineral interests that lay below the property in certain circumstances,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2087) was referred to the Committee on the Judiciary.

Speaker Pro Tempore Anderson in the Chair

Committee Reports

- Continued -

            Delegate Ireland, from the Committee on Energy, submitted the following report, which was received:

            Your Committee on Energy has had under consideration:

            Com. Sub. for S. B. 280, Allowing well work permit transfers,

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

            At the respective requests of Delegate Cowles, and by unanimous consent, the bill (Com. Sub. for S. B. 280) was taken up for immediate consideration, read a first time and ordered to second reading.

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

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on questions related to Com. Sub. for S. B. 280 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that Mr. Armstead was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse him from voting.

            On the question of the dispensing the constitutional rule, the yeas and nays were taken (Roll No. 14), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Moore, Morgan, Storch and Walters.

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

            The bill was then read a second and third time and put upon its passage.

            The question then being on the passage of the bill, the yeas and nays were taken (Roll No. 15), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Moore, Morgan, Storch and Walters.

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

            On this question, the yeas and nays were taken (Roll No. 16), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Moore, Morgan, Storch and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 280) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Mr. Speaker, Mr. Armstead, in the Chair

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. 13 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to liability of possessor of real property for injuries caused by open and obvious hazards; reinstating and codifying open and obvious doctrine of common law as it existed prior to judicial abolition; clarifying that this section does not create, recognize or ratify claim or cause of action; and stating legislative intent”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 2001, Repealing portions of the Alternative and Renewable Energy Portfolio Act.

            On motion of Delegate Cowles, the bill was taken up for immediate consideration.

            Delegate Cowles then moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 17), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Fleischauer, Guthrie, Pushkin and Skinner.

            Absent and Not Voting: Moore, Morgan, Storch and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2001) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

Resolutions Introduced

            Delegate Hamilton offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 28 - “Requesting the Division of Highways to name the bridge on Route 32, Evergreen Road, in Upshur County, bridge number 49-32-8-16, as the ‘USMC Cpl Marple W. Landes and US Army PV2 Margel S. Landes Memorial Bridge’.”

            Whereas, Corporal Marple W. Landes was born on October 27, 1923, in Upshur County; and

            Whereas, Corporal Marple W. Landes graduated from Buckhannon-Upshur High School in 1941 and volunteered to serve in the US Marine Corps on February 4, 1943; and

            Whereas, Corporal Marple W. Landes received his training at Parris Island, South Carolina, New River, North Carolina and Camp Pendleton, California; and

            Whereas, Corporal Marple W. Landes went overseas in 1944 and was killed in action on March 10, 1945, on the Island of Iwo Jima; and

            Whereas, Private Margel S. Landes was born on November 29, 1925, in Upshur County; and

            Whereas, Private Margel S. Landes and Corporal Marple W. Landes were brothers whose parents were J. S. Landes and Maude Douglas Landes; and

            Whereas, Private Margel S. Landes was employed by Mays Cleaners in Clarksburg prior to enlisting in the US Army on February 26, 1944; and

            Whereas, Private Margel S. Landes received his basic training at Camp Stewart, Georgia and at Camp Gordon Georgia, was sent overseas in January 1945 and landed in Europe on February 15, 1945; and

            Whereas, Private Margel S. Landes died from wounds received in Germany on March 3, 1945; and

            Whereas, Private Margel S. Landes and Corporal Marple W. Landes died just one week apart, were the sixty-first and sixty-second casualties from Upshur County in the Second World War and are buried in the Waterloo Cemetery near French Creek, West Virginia; and

            Whereas, It is only fitting that this bridge be named after Private Margel S. Landes and Corporal Marple W. Landes, brothers serving in two different branches of the armed forces in two different areas of the world, both of whom having given the ultimate sacrifice in preserving freedom; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name the bridge on Route 32, Evergreen Road, in Upshur County, bridge number 49-32-8-16, as the “USMC Cpl Marple W. Landes and US Army PV2 Margel S. Landes 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 “ USMC Cpl Marple W. Landes and US Army PV2 Margel S. Landes 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 nieces of USMC Corporal Marple W. Landes and US Army Private Margel S. Landes, Christina H. Rinehart and Mona Lee Hertz.

            Delegates Campbell, P. Smith, Rodighiero, Westfall, Summers, Moore, Moffatt, Sobonya, Householder, Kelly and Azinger offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 29 - “Designating April 2 as West Virginia Autism Awareness Day.”

            Whereas, The seventh annual World Autism Awareness Day is April 2, 2015. Every year, autism organizations around the world celebrate the day with unique fund-raising and awareness-raising events. World Autism Awareness Day aims to increase awareness about people, especially children, with autism. The day often features educational events for teachers, health care workers and parents, as well as exhibitions showcasing work created by children with autism; and

            Whereas, Autism is a developmental disability that remains with a person for his or her whole life. This condition affects the brain’s functions. The first signs usually appear before a child is three years old. People with autism often find social interaction difficult, have problems with verbal and nonverbal communication, demonstrate restrictive and repetitive behavior and have a limited set of interests and activities. Autism affects girls and boys of all races and in all geographic regions and has a large impact on children, their families, communities and societies. The prevalence is currently rising in many countries around the world. Caring for and educating children and young people with this condition places challenges on health care, education and training programs; and

            Whereas, Public health officials estimate that one in every eighty-eight children in America is growing up on the autism spectrum. It is a reality that affects millions of families every day, from the classroom to the job market. On World Autism Awareness Day, all people recommit to helping individuals on the autism spectrum reach their full potential; therefore, be it

            Resolved by the Legislature of West Virginia:

            That it is the hope and desire of the Legislature that West Virginians increase their awareness about people, especially children, with autism and, with that goal in mind, April 2 be designated as West Virginia Autism Awareness Day; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to The Autism Society of West Virginia.

            Delegates Marcum, Eldridge, Bates, Blair, Boggs, Border, Caputo, Faircloth, Ferro, Hamilton, Hartman, Hicks, Hill, Hornbuckle, Ihle, Kessinger, Longstreth, Lynch, Miley, Moore, Morgan, Moye, Perry, Pethtel, R. Phillips, Reynolds, Rodighiero, P. Smith, R. Smith, Sponaugle, Stansbury, Westfall and H. White offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 30 - “Requesting that bridge number 30-3/5-13.59 (30A016) on County Route 3/5 in Mingo County, West Virginia, locally known as the Bailey Branch Pony Truss, be named ‘The Baisden Family Memorial Bridge’.”

            Whereas, Landen Baisden, Sr. was born on January 5, 1928 and passed away on October 28, 2011. Fannie Baisden was born on March 5, 1926 and passed away on March 18, 2011. Landen and Fannie Baisden shared their life together for 65 years in Dingess, West Virginia and had six children: Myrtle Preece, Landen Baisden, James Ed Baisden, Gary Baisden, Bruce Baisden and a newborn son who passed away after only a few short days of life, Bobby Lee Baisden. They also had twenty grandchildren and thirty-five great-grandchildren at the time of their deaths; and

            Whereas, Landen Baisden, Sr. was a coal miner before becoming disabled in a mining accident in 1959, when he was thirty-two, that left him paralyzed. After being confined to a wheelchair, he took up several hobbies: Repairing children’s bicycles, collecting baseball cards and bee keeping. He was an avid Cincinnati Reds fan and a member of the Mt. Hope Freewill Baptist Church. He loved spending time with his family and having people over to have church with him. He always gave great advice and no one ever heard him say a bad word about anyone; and

            Whereas, Fannie Baisden was a stay-at-home mother and took care of her husband, Landen. She babysat all of her grandchildren and great-grandchildren. She cooked dinner every Sunday for the entire family. Her hobbies were collecting whatnots and Barbie dolls. She attended church at the Mt. Hope Freewill Baptist; and

            Whereas, Katherine Baisden was born September 10, 1952 and left this world on February 2, 1992. She was married to Landen Baisden, Jr., and lived in Dingess. Together they had seven children: Tammy Runyon, Landen Baisden III, Jennifer Copley, Jason Baisden, Sarah Queen, Matthew Baisden and Amanda Kolkedy, and a stepdaughter, Machelle McCormick. Katherine Baisden loved children and would have loved the twenty grandchildren that there are now. She was able to only meet two of them before her death. She was a first grade teacher and her goal was that no student leave her classroom without being able to read. An award is given out in her honor every year at the Dingess Elementary School. She was also a Sunday school teacher and a church member where she sang in a gospel group and played piano; and

            Whereas, It is fitting that an enduring memorial be established to commemorate these three individuals who meant so much to their family and their community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 30-3/5-13.59 (30A016) on County Route 3/5 in Mingo County, West Virginia, “The Baisden Family Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge “The Baisden Family Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, the children of Fannie and Landen Baisden, Sr., and the children of Katherine Baisden.

            On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

            By Delegates Campbell, Eldridge, Householder, Marcum and Ashley:

            H. J. R.15 - “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 then Finance.

Bills Introduced

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

By Mr. Speaker, Mr. Armstead, and Delegates Miller, Waxman, Azinger, Upson, Kessinger, Summers, Hanshaw, Kurcaba, Hill and E. Nelson:

            H. B. 2444 - “A Bill to amend and reenact §5B-2-5 of the Code of West Virginia, 1931, as amended, relating to providing assistance to small businesses by the West Virginia Development office; providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals desiring to establish and maintain a small business; and duties and services to be provided”; to the Committee on Small Business, Entrepreneurship and Economic Development.

By Delegate Sobonya:

            H. B. 2445 - “A Bill to repeal §29A-2-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §29A-1-2 of said code; to amend said code by adding thereto two new sections, designated §29A-1-3a and §29A-1-3b; and to amend and reenact §29A-3-1a, §29A-3-4, §29A-3-8, §29A-3-13 and §29A-3-15 of said code, all relating generally to the State Administrative Procedures Act; defining the term legislative exempt rule’; providing certain technical amendments; providing for the nullification and voiding of rules; setting forth requirements for amendments to existing rules, proposed new rules and the repeal of existing rules; establishing filing and adoption requirements for legislative exempt rules; making legislative rules effective upon filing; requiring agency to provide a list of interested parties with emergency rules; and changing the number of copies required when filing an emergency rule”; to the Committee on Government Organization then the Judiciary.

By Delegates Reynolds and Rohrbach:

            H. B. 2446 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-11b, relating to permitting the possession of firearms on the grounds of higher education institutions by all persons with valid licenses to carry a concealed deadly weapon”; to the Committee on Education then the Judiciary.

By Delegates Sobonya, Householder, Rohrbach, Hamrick, Foster, Overington, Butler, J. Nelson, Ellington and Stansbury:

            H. B. 2447 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-14-1, relating to prohibiting the naming for certain persons of a publicly funded building, road, structure or project which receives any operating or construction moneys from state sources or state taxpayers; and assessing personal liability for violations”; to the Committee on the Judiciary.

By Delegates Sobonya, Miller, Butler, Frich, Overington, Ihle, J. Nelson, Faircloth and Hill:

            H. B. 2448 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-4e, relating to permitting the sale of raw milk; and authorizing rule-making”; to the Committee on Agriculture and Natural Resources then Health and Human Resources.

By Delegates Sobonya, Miller, Butler, Folk, Frich, Overington, Householder, Ihle, J. Nelson, Faircloth and Hill:

            H. B. 2449 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-4e, relating to permitting coowners of cows to receive raw milk from those cows; and authorizing rule making”; to the Committee on Agriculture and Natural Resources then Health and Human Resources.

By Delegates Campbell, L. Phillips, Eldridge, Householder, Marcum, Ferro and Perry:

            H. B. 2450 - “A Bill to amend and reenact §30-7-15a, §30-7-15b and §30-7-15c of the Code of West Virginia, 1931, as amended; to amend and reenact §30-15-7, §30-15-7a, §30-15-7b and §30-15-7c of said code; and to amend said code by adding thereto a new section, designated §30-7-15d, all relating to expanding prescriptive authority of advanced practice registered nurses and certified nurse-midwives; permitting advanced practice registered nurses to prescribe an annual supply of controlled substances; permitting the signature of an advanced practice registered nurse to have the same force and effect as that of a physician insofar as patient care documentation is concerned; removing the requirement for collaborative relationships with physicians; removing certain notifications; removing the minimum requirements for certain legislative rules; and permitting certain fees to be set by rule”; to the Committee on Health and Human Resources then Government Organization.

By Delegates Campbell, Perry, Butler, Ambler, Rodighiero, Reynolds, Eldridge, Householder, Marcum, Ashley and Ellington:

            H. B. 2451 - “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to county boards of education and school calendars; and providing that recess periods or other such time allocated for student physical activity during the regular class day may not be reduced when a county school board is attempting to make up lost instructional days because of snow or other emergency situations”; to the Committee on Education.

By Delegates Ferro, Fluharty, Hornbuckle and Trecost:

            H. B. 2452 - “A Bill to amend and reenact §5-1-20 of the Code of West Virginia, 1931, as amended, relating to requiring reports to the Governor from state agencies to be made available electronically via the Internet”; to the Committee on Government Organization.

By Delegates Ferro, Pethtel, P. Smith, Longstreth, Fleischauer, Trecost, L. Phillips, Hornbuckle, Sponaugle and Fluharty:

            H. B. 2453 - “A Bill to amend and reenact §18B-10-7 of the Code of West Virginia, 1931, as amended, relating to educational benefits for dependents of deceased or disabled veterans; and requiring state institutions of higher education to waive tuition and fees for children and spouses of National Guard members and members of a Reserve component of the Armed Forces of the United States or persons on federal or state active military duty who are residents of this state and who have suffered a hundred percent total and permanent service-connected disability”; to the Committee on Education then Finance.

By Delegates Ferro, Pethtel, Fluharty, Storch, Trecost and L. Phillips:

            H. B. 2454 - “A Bill to amend and reenact §55-7B-2 of the Code of West Virginia, 1931, as amended, relating to adding pharmacist and pharmacy to the definition of ‘health care provider’ as used in the Medical Professional Liability Act”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Sobonya, Miller, Frich, Householder, Butler, Ihle and Walters:

            H. B. 2455 - “A Bill to amend and reenact §16-29-1 of the Code of West Virginia, 1931, as amended, relating to health care records; and requiring the release of an unemancipated minor’s medical records for drug testing to his or her parent or legal guardian without written consent from that minor”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Sobonya, Miller, Frich, Overington, Householder and Walters:

            H. B. 2456 - “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 that 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 Sobonya, Miller, Frich, Foster, Overington, J. Nelson, Ellington, Rohrbach and Walters:

            H. B. 2457 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to prohibiting the use of the name or likeness of an elected or appointed official on publicly-owned vehicles except for ceremonial purposes; prohibiting an elected or appointed official from placing his or her name’s or likeness on trinkets paid for with public funds; prohibiting an elected or appointed official from using public funds to distribute certain published materials bearing his or her name or likeness within sixty days prior to a primary or general election in which that public official is a candidate; defining terms; and making exceptions”; to the Committee on the Judiciary.

By Delegates Sobonya, Miller, Frich, Householder, Butler, Ihle and Walters:

            H. B. 2458 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-15, relating to prohibiting school employees from counseling, referring, transporting or assisting any student to obtain an abortion; providing a violation of the section is a misdemeanor; and providing that nothing in the section may be construed as approving of abortion”; to the Committee on Education then the Judiciary.

By Delegates Sobonya, J. Nelson, Folk, Rohrbach, Stansbury and Miller:

            H. B. 2459 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-29-12, relating to requiring state agencies to issue photographic identification cards to qualified retired law-enforcement officers”; to the Committee on the Judiciary.

By Delegates Perdue, Rodighiero, Hicks, Marcum, R. Phillips, J. Nelson, Butler, Westfall, Campbell and Perry:

            H. B. 2460 - “A Bill to amend and reenact §48-10-902 of the Code of West Virginia, 1931, as amended, relating to the effect of adoption on grandparent visitation rights”; to the Committee on the Judiciary.

By Delegates Walters, McCuskey, Frich, Azinger, Westfall, Moore, Skinner, Perry, Perdue, Bates and E. Nelson:

            H. B. 2461 - “A Bill to amend and reenact §33-10-4 and §33-10-26 of the Code of West Virginia, 1931, as amended, all relating to delinquency proceedings of insurers; issuance of injunctions or orders following the commencement of a rehabilitation or liquidation proceeding of an insurer; and providing limitations on the avoidance of a transfer to a federal home loan bank in a liquidation proceeding of an insurer-member of the federal home loan bank”; to the Committee on Banking and Insurance then the Judiciary.

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

            [By Request of the Executive]:

            H. B. 2462 - “A Bill to amend and reenact §11-15-30 of the Code of West Virginia, 1931, as amended, relating to certain deposits of tax proceeds; reducing the amount of sales tax proceeds annually dedicated to the School Major Improvement Fund by $2,000,004 for the fiscal years 2016, 2017, 2018, 2019 and 2020; reducing the amount of sales tax proceeds annually dedicated to the School Construction Fund by $6 million for the fiscal years 2016, 2017, 2018, 2019 and 2020; and making stylistic changes”; to the Committee on Finance.

By Delegates Moye, Perry, Hamilton, Marcum, Morgan, P. Smith, Lynch, Canterbury and R. Smith:

            H. B. 2463 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum personal income tax exemption for persons over the age of sixty-five and for persons who are totally disabled”; to the Committee on Finance.

By Delegates Moye, Marcum, Morgan, Perry, P. Smith, Lynch, Canterbury and R. Smith:

            H. B. 2464 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-19a, relating to exempting disabled veterans from campground rental fees from the day after Labor Day until four days prior to Memorial Day; and providing rule-making authority”; to the Committee on Agriculture and Natural Resources then Finance.

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

            H. B. 2465 - “A Bill to amend and reenact §18-2-1 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Board of Education; requiring election of six members; requiring the Governor to appoint three members; providing six-year terms; and including residency requirements”; to the Committee on Education then the Judiciary.

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

            H. B. 2466 - “A Bill to amend and reenact §60-6-7 of the Code of West Virginia, 1931, as amended, relating to state control of alcoholic liquors; miscellaneous provisions; and exempting valid nonprofit organizations from licensing requirements of the West Virginia Alcoholic Beverage Control Authority during certain events”; to the Committee on the Judiciary then Finance.

By Delegates A. Evans, Pethtel, Williams, Anderson and Cooper:

            H. B. 2467 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-35-1, §19-35-2, §19-35-3, §19-35-4 and §19-35-5, all relating to farmers markets; stating purpose and definitions; establishing farmers market vendor permit, scope and fees; permitting consignment farmers markets; and requiring rule making”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Ireland, Butler, Householder, Howell, Faircloth, D. Evans, Border, Wagner, Foster, Blair and Upson:

            H. B. 2468 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, relating to providing that neither the state nor any county may reimburse any person or entity for transporting any person to schedule, arrange or procure an abortion”; to the Committee on Health and Human Resources then the Judiciary.

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

            [By Request of the Executive]:

            H. B. 2469 - “A Bill to repeal §5B-2-3a and §5B-2-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2-2, §5B-2-3, §5B-2-4, §5B-2-5 and §5B-2-6 of said code; to amend and reenact §15-5-28 of said code; to amend and reenact §18A-3-2c of said code; to amend and reenact §33-16D-16 of said code, all relating to eliminating unnecessary, inactive, or redundant councils, committees and boards; terminating the Council for Community and Economic Development and transferring powers and duties to the Executive Director of the West Virginia Development Office; terminating the Statewide Intrastate Mutual Aid Committee and making technical corrections to the code to reference a state of preparedness; terminating the Principals Standards Advisory Council; and terminating the West Virginia Health Insurance Plan Board”; to the Committee on Government Organization.

By Delegates Campbell, Moye, Householder, Marcum and Ashley:

            H. B. 2470 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-8i, relating to nursing education faculty; defining terms; creating a tax incentive from the personal income tax to encourage nurse faculty to remain in West Virginia; and assigning powers and duties to the State Tax Commissioner”; to the Committee on Education then Finance.

By Delegates Campbell, Moye, Eldridge, P. Smith, Householder, Marcum and Ashley:

            H. B. 2471 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2-16, relating to food handlers’ licenses; providing that a county may issue a license that is valid state-wide; and providing that the county may charge separate fees, one for county only licenses and the other for multi-county licenses”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Rodighiero, Campbell, L. Phillips, Hornbuckle, Eldridge, Guthrie and P. Smith:

            H. B. 2472 - “A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to the authority of the Commissioner of Motor Vehicles to issue a special registration plate for persons who are residents of this state and who have a family member diagnosed with autism spectrum disorder who operates a motor vehicle in this state”; to the Committee on Roads and Transportation then Finance.

By Delegates Cowles, Espinosa, Householder, Duke, Upson, Folk, Faircloth and Blair:

            H. B. 2473 - “A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to the excise tax on the privilege of transferring real property; and providing that the tax be used to reimburse counties for regional jail fees”; to the Committee on the Judiciary then Finance.

By Delegates Cowles, Rowan and Duke:

            H. B. 2474 - “A Bill to amend and reenact §18-17-1 of the Code of West Virginia, 1931, as amended, relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind; updating reference to minimum salaries in effect for personnel at facilities under jurisdiction of the State Board of Education; and authorizing board to establish salary schedules or compensation in excess of the minimums for certain teachers at the West Virginia Schools for the Deaf and the Blind”; to the Committee on Education then Finance.

By Delegates Ireland, Folk, Hanshaw, Ambler, R. Smith, Romine, Rowan and D. Evans:

            H. B. 2475 - “A Bill to amend and reenact §30-10-10 and §30-10-11 of the Code of West Virginia, 1931, as amended, all relating to the requirements for and scope of practice for registered veterinary technicians”; to the Committee on Government Organization.

By Delegates Ireland, Butler, Hanshaw, Ambler, R. Smith, J. Nelson, Frich, Folk and D. Evans:

            H. B. 2476 - “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 ‘SECOND AMENDMENT’ registration plates”; to the Committee on Roads and Transportation then Finance.

By Delegates Ireland, Overington, Butler, Ambler, Howell, Faircloth, D. Evans, Border, Foster, Cadle and Blair:

            H. B. 2477 - “A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17B-2-1 of said code, all relating to voting procedures; requiring a voter to present an identifying document issued either by the State of West Virginia or the United States government that contains the name, address, and a photograph of the person desiring to vote which the poll clerk must inspect and confirm that the name on the document conforms to the name in the individual’s voter registration record and that the image displayed is truly an image of the person presenting the document; permitting the casting of a provisional ballot by a person without adequate proof of identification provided he or she executes an affidavit; permitting the provisional ballot be counted providing certain conditions are met; exempting voters who vote in person at a precinct polling place that is located at a state licensed care facility where the voters are residents; permitting the Division of Motor Vehicles to issue, at no charge, identification cards to persons who will be at least eighteen years of age at the next general, municipal, or special election and intends to use the identification card as a form of identification for voting; and establishing criminal penalties”; to the Committee on the Judiciary then Finance.

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

            [By Request of the Executive]:

            H. B. 2478 - “A Bill to amend and reenact §11-8-6f of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-7, §18-9A-11 and §18-9A-12 of said code, all relating to public school finance; eliminating authority of growth county boards of education to designate regular school board levy revenues due to new construction or improvements to a growth county school facilities act fund; adjusting the foundation school program allowance for transportation costs; including propane as an eligible fuel for the ten percent additional percentage allowance for school bus systems using alternative fuels; changing the percent of the replacement value of bus fleets included in the calculation of the allowance in the foundation school program for transportation; and eliminating certain adjustments in basic foundation program”; to the Committee on Education then Finance.

By Delegates Fleischauer, Sobonya, Statler, Kurcaba, Morgan, Hartman, Pasdon, Perdue, Manchin, Pethtel and Overington:

            H. B. 2479 - “A Bill to amend and reenact §60-7-10 of the Code of West Virginia, 1931, as amended, relating to the powers and authority of state and local law enforcement to enforce underage drinking laws at private clubs; clarifying that the grant of authority to the Alcohol Beverage Control Commissioner and his or her agents to enter and inspect the premises of a private club does not limit or restrict the authority of local law enforcement to enter any public area on or adjacent to any private club or taking other appropriate police action or investigation to enforce the underage drinking laws of this state”; to the Committee on the Judiciary.

By Delegates P. Smith and Lynch:

            H. B. 2480 - “A Bill to amend and reenact §62-3-3 of the Code of West Virginia, 1931, as amended, relating to changing the number of strikes in jury selection in felony cases to provide five strikes to the accused and three strikes to the prosecution”; to the Committee on the Judiciary.

By Delegates P. Smith:

            H. B. 2481 - “A Bill to amend and reenact §27-6A-11 of the Code of West Virginia, 1931, as amended, relating to the competency and criminal responsibility of persons charged or convicted of a crime; and providing forensic evaluators with civil immunity for acts committed by the subject of a dangerous assessment evaluation”; to the Committee on the Judiciary.

By Delegates P. Smith, Lynch and Frich:

            H. B. 2482 - “A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to aggressive and violent behavior that is otherwise criminal activity of persons committed to state hospitals; authorizing immediate discharge and transportation to a regional jail”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates P. Smith, Lynch and Longstreth:

            H. B. 2483 - “A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission and providing for election of commissioners”; to the Committee on Government Organization then the Judiciary.

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

            H. B. 2484 - “A Bill to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to limitations and restrictions placed on sex offenders who have been adjudicated as violent sexual predators or who are under active supervision as a condition of release on parole or probation; clarifying the statutory restrictions against those persons living or working within one thousand feet of a school, child care facility or residence of a former victim; and defining terms”; to the Committee on the Judiciary.

By Delegates Folk, Canterbury, Reynolds, Hamilton, Kurcaba, McGeehan, Storch, O’Neal, Pasdon, Faircloth and Householder:

            H. B. 2485 - “A Bill to amend and reenact §11-13A-5b of the Code of West Virginia, 1931, as amended, relating to the West Virginia Future Fund; and prohibiting deposits into the fund in years when certain state retirement systems are not funded to ninety percent or more of their actuarial accrued liabilities”; to the Committee on Finance.

By Delegates McGeehan, Folk, J. Nelson, Moffatt, Ihle, Faircloth, Kessinger, Hill and Butler:

            H. B. 2486 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-1-5, relating to school curricular standards and assessments; discontinuing the use of common core standards and assessments in the state; requiring the department of education to promulgate new standards for academic curriculum and assessment; and allowing school districts to develop academic standards that exceed statewide standards”; to the Committee on Education.

By Delegates A. Evans and Rowan:

            H. B. 2487 - “A Bill to amend and reenact §27-2-3 of the Code of West Virginia, 1931, as amended, relating to requiring a person restraining a mentally ill or mentally challenged person in a ‘four point restraint’ to administer sedation by injection at the time the patient is secured in the ‘four point restraint’; providing guidelines for handling the patient after initial restraint and sedation; and establishing a criminal penalty for failure to sedate by injection upon use of the ‘four point restraint’; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Campbell, Eldridge, Householder, Rodighiero, Marcum, Ashley and Ellington:

            H. B. 2488 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-5e, relating to requiring the construction of new public buildings and when an entrance of an existing public building is renovated to be compliant with the federal Americans With Disabilities Act by having automatic doors; authorizing rule-making; and defining a term”; to the Committee on the Judiciary then Finance.

By Delegates Westfall, Ihle, Foster, Butler, McGeehan, Kessinger, Householder, Cadle, Rodighiero, Kelly and Faircloth:

            H. B. 2489 - “A Bill to amend and reenact §16-13-18 of the Code of West Virginia, 1931, as amended, relating to supervision of works by a sanitary board; and providing that if a professional engineer is under contract for a project, an engineer is not required to serve on the sanitary board”; to the Committee on Government Organization then the Judiciary.

By Delegate Rodighiero:

            H. B. 2490 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13Q-5a, relating to establishing a tax credit for new businesses that locate in the state; setting forth how the credit is determined; establishing the conditions that must be met to qualify for the credit; and defining terms”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates L. Phillips, Trecost, Campbell, Ferro, Pethtel, Hornbuckle, Perry, Miley, Moore, Longstreth and Eldridge:

            H. B. 2491 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2c, relating to requiring the State Board of Education to conduct a study and periodically publish starting salary schedules for new hire teachers; and requiring rule-making”; to the Committee on Education then Finance.

By Delegates Householder, Azinger, Espinosa, Upson, Ellington, Gearheart, Campbell, Ihle, Blair, Hamrick and Waxman:

            H. B. 2492 - “A Bill to repeal §29-5A-10 of the Code of West Virginia, 1931, as amended, relating to the authority of the State Athletic Commission”; to the Committee on Government Organization.

By Delegates McCuskey, Westfall, Ashley, Bates, Ellington, Frich, Householder, Perdue, Sobonya, Walters and Rohrbach:

            H. B. 2493 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4l; to amend said code by adding thereto a new section, designated §33-16-3x; to amend said code by adding thereto a new section, designated §33-24-7m; to amend said code by adding thereto a new section, designated §33-25-8j; and to amend said code by adding thereto a new section, designated §33-25A-8l, all relating to requirements for insurance policies and contracts providing accident and sickness insurance or direct health care services that cover anti-cancer medications; prohibiting higher copayments, deductibles or coinsurance for orally administered anti-cancer medications than is required for anti-cancer medications administered by injection or intravenously; prohibiting certain acts to comply with the requirements; defining ‘anti-cancer medications’; providing an effective date of January 1, 2016; and allowing cost containment measures necessary to maintain costs of compliance to below two percent of the total costs for the coverage”; to the Committee on Banking and Insurance then Health and Human Resources.

Daily Calendar

Second Reading

            S. B. 3, Relating to real property possessor’s liability for trespasser harm; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            H. B. 2138, Adding aircraft operations on private airstrips and farms to the definition of recreational purpose; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

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

            And,

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

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Moore, Morgan, Storch and Walters.

            At 11:45 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 29, 2015.