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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Friday, January 30, 2015

SEVENTEENTH 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 Thursday, January 29, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate Cowles, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing a resolution.

Introduction of Resolutions

            Mr. Speaker, Mr. Armstead, on behalf of all members of the house, offered the following resolution, which was read by the Clerk as follows:

            H. R. 7 - “Commemorating the life of Morris E. “Mike” Mowery, Jr., father, husband, lawyer, former Member of the West Virginia House of Delegates, long time Judiciary Chief Counsel, General Counsel to the West Virginia House of Delegates, and distinguished West Virginian.”

            Whereas, That the members of the House of Delegates hereby express their profound sadness at the passing of one of their own, the Honorable Morris E. “Mike” Mowery, Jr., legislator, long-time legislative counsel, friend and passionate advocate for fairness and justice, and distinguished West Virginian; and

            Whereas, Mike Mowery was born in Parkersburg, West Virginia, on January 31, 1942, one of six children born to Grace Newbanks Mowery and Morris E. Mowery; Mike was educated in the public schools of Wood County, West Virginia, and was a 1968 graduate of the West Virginia University College of Law; and

            Whereas, Mike Mowery and his wife, Marlene, met and married while attending West Virginia University and had two much adored children, Grace-Marie and Nathan, who have given them five adored grandchildren; and

            Whereas, Upon graduation from law school, Mike began a thirty-eight year legal career dedicated in all its permutations to helping the people of West Virginia, including work for the North Central Legal Aid Society, serving as assistant Wood County Prosecuting Attorney, and as a member of the House of Delegates from 1974 to 1978.

            Whereas, Once the good people of Wood County had decided that Mike had helped them enough, he accepted a position as Counsel for the House of Delegates, and then he oversaw the development of and then became the first counsel to, the newly created Legislative Rule-Making Review Committee. During his career as legislative counsel, which spanned some twenty-eight years, he conceived, drafted and edited much of the most significant legislation passed by the Legislature during that era; and

            Whereas, During his tenure as legislative counsel he tirelessly advocated for the House of Delegates, its prerogatives and positions, many times against that evil body sometimes respectfully referred to as “the State Senate.” He spent countless hours drafting legislation, often all night, to get it right and get it done when needed. He often quipped after receiving a major project that was on the agenda of the Judiciary Committee the following day, that the legislators needed to go home now, and the “bill fairy” would have the bill ready the next morning; and

            Whereas, He was the first employee of the Legislature to use a crazy new fangled thing called a computer, which he had purchased and brought to work so that all the staff and members could marvel at his new ability to easily edit his work, then watch as a printer, line by line, magically generated documents without anyone typing, just by the press of a button. He had a knack for technology, and oversaw the beginning, then the implementation of, the abandonment of the process of cutting and pasting handwritten and typed documents into bills, which had been the practice until then for the entire history of this state; and

            Whereas, Mike truly served as a mentor and role model for how legislative counsel should perform their duties for countless lawyers and interns over the years, greatly enhancing their professionalism. His appreciation for the legislative process encouraged many non-lawyers to attend law school. Mike was often called “the professor” or “Yoda” of the law; and, when he made presentations before committee, he seemed constantly all- knowing and unflappable even in the most stressful and difficult circumstances. When any given piece of legislation was being considered, citations from the Constitution and the Code sprang from his mind to expand and refine the discussion of the issues involved. His knowledge of constitutional law and statutory interpretation may never be replaced.

            Whereas, His support and concern for everyone who needed assistance never wavered, and he would listen to and discuss legislation with anyone who came by his office, the issues they were working on, often solving their problems or giving sage advice. He also successfully argued many cases before the State Supreme Court and in federal court on matters of legislative importance, including the separation of powers, redistricting, the process some affectionately named “the budget digest” and many others. His tireless efforts to advocate for this body were recognized when Mike received national recognition in 1997 from the Southern Legislative Conference, the Carter-Hellard Legislative staff award as the outstanding legislative staffer, for his continued advocacy efforts and the development of house attorneys in the many nuances of effective legal representation for the House;

            Whereas, Mike worked successfully under seven judiciary chairmen and five speakers, each with his own strong personality. In counseling his leaders, Mike always expressed his opinions vigorously. But once the policy decisions were made, his constant loyalty to his chairman and his committee came to the fore, and his skills were directed to making the adopted policies succeed.

            Whereas, All those who worked with Mike knew of his great affection for his family. He was an extremely proud husband and father, and all who came to his office, which at his behest was named the “Sibray Library” after his friend and Judiciary Counselor John Sibray, were often regaled by stories of his family, as Mike was never happier than when he was recounting some amazing feat of one of his children, he had much to be proud of, and then later when those children blessed him and Marlene with grandchildren, his stories turned to their latest accomplishments; and

            Whereas, It is insufficient to say he was a legend, a true character or unique personality, although these and other descriptions do apply. Those who did not have the opportunity to know Mike have missed the passing of a great human being; and all that did were enriched in the process. Through those whose lives he touched, he leaves many legacies, and Mike Mowery thus survives his death in more than memory; therefore, be it 

            Resolved by the House of Delegates:

            That the members of the House of Delegates hereby express their profound sadness at the passing of one of their own, the Honorable Morris E. “Mike” Mowery, Jr., outstanding member and Counsel of the West Virginia House of Delegates, and distinguished West Virginian; and, be it

            Further Resolved, That the House of Delegates hereby commemorates the life and passing of Morris E. “Mike” Mowery, Jr., whose unique abilities touched the lives of many West Virginians; and who will be sorely missed by all that knew and loved him; and, be it

            Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this resolution for the family of Morris E. “Mike” Mowery, Jr., including his wife, Marlene, his daughter, Grace-Marie, and son, Nathan.

            At the request of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 7) to a committee was dispensed with, and it was taken up for immediate consideration.

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

            The yeas and nays having been ordered, they were taken (Roll No. 20), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, Manchin and H. White.

 

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 7) adopted.

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:

            S. B. 13, Reinstating open and obvious doctrine for premises liability,

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

            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. 2010, Requiring the elections of justices of the West Virginia Supreme Court of Appeals, circuit court judges, family court judges and magistrates be nonpartisan and by division,            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2010 - “A Bill to amend and reenact §3-1-16 and §3-1-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11a of said code; to amend and reenact §3-5-4 of said code; to amend said code by adding thereto four new sections, designated §3-5-6a, §3-5-6b, §3-5-6c, and §3-5-6d; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; to amend and reenact §3-10-3 of said code; to amend and reenact §3-12-3, §3-12-6, §3-12-10, §3-12-11, §3-12-12 and §3-12-14 of said code; to amend and reenact §6-5-1 of said code; to amend and reenact §50-1-1 and §50-1-6 of said code; to amend and reenact §51-1-1 of said code; to amend and reenact §51-2-1 of said code; and to amend and reenact §51-2A-5 of said code, all relating to electoral reforms of the West Virginia judiciary generally; requiring the election of justices of the Supreme Court of Appeals, circuit court judges, family court judges and magistrates be on a nonpartisan basis; requiring that elections to certain offices be on a division basis when more than one justice of the Supreme Court of Appeals, circuit judge, family court judge, or magistrate is to be elected; providing for the timing and frequency of election; providing for the commencement of terms of office; establishing ballot design and printing; providing that elections for justice of the Supreme Court of Appeals, circuit judge, family court judge, or magistrate are to be held on the same date as the primary election; requiring nonpartisan ballots be used; establishing filing announcement of candidacies, including the timing, location and information necessary thereto; providing for the order of appearance of offices on the ballot; establishing ballot content; providing the procedures for the filling of vacancies in the offices of justices of the Supreme Court of Appeals, circuit judge, family court judge, or magistrate; providing occasions for special elections to be held to fill vacancies; providing that unsuccessful non-partisan candidates can be selected to fill ballot vacancies in a general election; providing the timing of commencement of the terms of offices of justices of the Supreme Court of Appeals, circuit judge, family court judge, or magistrate; and providing for the continuing applicability of the West Virginia Supreme Court of Appeals Public Campaign Financing Program,”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2294, Insurance Commissioner, recognizing annuity mortality tables for use in determining reserve liabilities for annuities,

            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. 2294) was referred to the Committee on the Judiciary.

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

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2334, Insurance Commissioner, annuity disclosure,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2334) was referred to the Committee on the Judiciary.

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

            Your Committee on Pensions and Retirement has had under consideration:

            H. B. 2277, Consolidated Public Retirement Board, rule relating to the Deputy Sheriff Retirement System,

            H. B. 2278, Consolidated Public Retirement Board, rule relating to refund, retirement, retroactive service, loan and employer error interest factors,

            And,

            H. B. 2279, Consolidated Public Retirement Board to promulgate a rule relating to service credit for accrued and unused sick and annual leave,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2277, H. B. 2278 and H. B. 2279) were each referred to the Committee on the Judiciary.

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

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2223, Including consumer credit sales that are secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling or residential real estate in the definitions of “primary mortgage loan” and “subordinate mortgage loan”.

            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. H. 2223) was referred to the Committee on Finance.

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

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2493, Relating to requirements for insurance policies and contracts providing accident and sickness insurance or direct health care services that cover anti-cancer medications,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2493) was referred to the Committee on Health and Human Resources.

            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. 2328, Department of Health and Human Resources, relating to nursing home licensure,

            And,

            H. B. 2351, Board of Pharmacy to promulgate a legislative rule relating to the registration of pharmacy technicians,

            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 the Judiciary.

            In accordance with the former direction of the Speaker, the bills (H. B. 2328 and H. B. 2351) were each referred to the Committee on the Judiciary.

            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. 2293, Department of Health and Human Resources, chronic pain management clinic licensure,

            H. B. 2330, Department of Health and Human Resource, relating to the nurse aid abuse and neglect registry,

            H. B. 2331, Department of Health and Human Resources, relating to the state-wide trauma/emergency care system,

            H. B. 2349, Board of Pharmacy to promulgate a legislative rule relating to licensure and the practice of pharmacy,

            H. B. 2350, Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists,

            And,

            H. B. 2352, Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2293, H. B. 2330, H. B. 2331, H. B. 2349, H. B. 2350 and H. B. 2352) were each referred to the Committee on the Judiciary.

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

            Your Committee on Finance has had under consideration:

            H. B. 2114, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act,

            And,

            H. B. 2115, Updating the meaning of the term “federal taxable income” and certain other terms used in the West Virginia Corporation Net Income Tax Act,

            And reports the same back with the recommendation that they each 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. 2217, Relating to qualifications of the Commissioner of Labor,

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

            Com. Sub. for H. B. 2217 - “A Bill to amend and reenact §21-1-2 of the Code of West Virginia, 1931, as amended, relating to the qualifications of the Commissioner of Labor; removing language that the commissioner be identified with the labor interests of the state and requiring that the commissioner be identified with and have knowledge and experience in employee issues and interests including employee-employer relations in this state.”

            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. 2320, Family Protection Services Board, operation of the board,

            H. B. 2321, Family Protection Services Board, domestic violence program licensure

standards,

            H. B. 2322, Family Protection Services Board, perpetrator intervention programs licensure,             H. B. 2323, Family Protection Services Board, Monitored Parenting and Exchange Program

Certification,

            And,

            H.B. 2324, Family Protection Services Board, perpetrator intervention programs licensure for correctional institutions,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2320, H. B. 2321, H. B. 2322, H. B. 2323 and H. B. 2324) were each referred to the Committee on the Judiciary.

Resolutions Introduced

            Delegates Rowan, R. Smith, L. Phillips, R. Phillips, H. White, Moye, Ambler, Cooper, Ireland, Hill and Marcum offered the following resolution, which was read by its title and referred to the Committee on Agriculture and Natural Resources then Rules:

            H. C. R. 31 - “Declaring the Northern Red Salamander to be the official state amphibian.”

            Whereas, The Northern Red Salamander’s color pattern resembles the colorful fall foliage of the Sugar Maple, West Virginia's State Tree; and

            Whereas, The Northern Red Salamander is peppered with black spots that resemble the distribution of coal mines throughout West Virginia; and

            Whereas, The Northern Red Salamander’s color is reminiscent of the red bandanas worn by miners during West Virginia's Mine Wars in the early 20th Century; and

            Whereas, The Northern Red Salamander is ubiquitous and located near the cold springs and streams of West Virginia; and

            Whereas, The Northern Red Salamander has five toes on each back foot which represents the fifty-five counties of West Virginia; and

            Whereas, The Northern Red Salamander has four toes on each of its front feet, representing the eight major rivers of West Virginia; and

 

            Whereas, The Northern Red Salamander is highly sensitive to disruptions in the environment and is, therefore, a barometer to an area’s healthiness; and

            Whereas, The Northern Red Salamander seeks to live in harmony with its environment; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Northern Red Salamander is hereby designated and declared to be the official state amphibian; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Romney Middle School Eighth Grade West Virginia Studies class.

Bills Introduced

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

By Delegates Moffatt, Eldridge, R. Phillips, Rodighiero, Stansbury, Hill, Kurcaba, McGeehan, Ihle, Fast and Kessinger:

            H. B. 2516 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-34a, relating to the state board of education; providing for the awarding of a posthumous high school diploma to parents of a high school senior who dies during the senior year; providing that section may be known and cited as ‘Todd’s Law’; and providing exceptions”; to the Committee on Education.

By Delegates Ferro, Walters, Perry, Fluharty, Storch, P. Smith, Longstreth, Trecost, Sponaugle and Reynolds:

            H. B. 2517 - “A Bill to amend and reenact §36B-1-103, §36B-1-104, §36B-1-108, §36B-1-201, §36B-1-203 and §36B-1-204 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §36B-1-115, §36B-1-116 and §36B-1-208; to amend and reenact §36B-2-109, §36B-2-112, §36B-2-116, §36B-2-117 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-3-102, §36B-3-103, §36B-3-105, §36B-3-106, §36B-3-108, §36B-3-110, §36B-3-112, §36B-3-116 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-4-103, §36B-4-109, §36B-4-112, §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 Delegates Walters, Pasdon, Householder, Ellington, Folk, Kurcaba, Fleischauer, Sponaugle, Reynolds, Perdue and Blair:

            H. B. 2518 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16-18, relating to requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience to policyholders upon request of a policyholder; and identifying the claims loss experience information to be provided”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Ferro, Walters, Pethtel, Perry, Fluharty, Storch, P. Smith, Longstreth, Trecost, Hornbuckle and Reynolds:

            H. B. 2519 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7, all relating to creating the Uniform Real Property Electronic Recording Act; providing short title; defining terms; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring any county clerk implementing the provisions of the act to comply with established standards; authorizing county clerks to receive, index, store, archive and transmit electronic documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to convert paper documents accepted for recording into electronic documents; authorizing county clerks to collect electronically any tax or fee relating to electronic recording of real property documents they are authorized by law to collect; authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents; creating the Real Property Electronic Recording Standards Council to develop the standards necessary to electronically record real property documents; authorizing a legislative rule; providing for a report and recommendations to the Legislature; providing that members of the Real Property Electronic Recording Standards Council pay their own expenses; setting forth areas for consideration when adopting or changing standards; providing for uniformity of application and construction of the act; and providing that this act modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act”; to the Committee on the Judiciary.

By Delegates Rowan, L. Phillips, Border, Campbell, Arvon, Kessinger, Miller and Longstreth:

            H. B. 2520 - “A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21A-6-18, all relating to domestic violence victims’ eligibility for unemployment compensation benefits; removing disqualification for certain victims of domestic violence, sexual offenses or stalking; and requiring training of Workforce West Virginia employees in the nature and dynamics of domestic violence to aid employees who interact with claimants”; to the Committee on the Judiciary then Finance.

By Delegates Canterbury, Pethtel, Folk, Walters, Hamilton, Marcum and Hicks:

            H. B. 2521 - “A Bill to amend and reenact §5-10-44 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14D-7a of said code; to amend and reenact §8-22A-8; to amend said code by adding thereto a new section, designated §8-22A-8a of said code; to amend said code by adding thereto a new section, designated §15-2-54; to amend said code by adding thereto a new section, designated §15-2A-23; to amend and reenact §16-5V-8a of said code; to amend and reenact §18-7A-14c of said code; to amend and reenact §18-7B-21 of said code; and to amend said code by adding thereto a new section, designated §51-9-18, all relating to the correction of errors under the West Virginia Public Employees Retirement System, the West Virginia Deputy Sheriff Retirement System, the West Virginia Municipal Police Officers and Firefighters Retirement System, the West Virginia Emergency Medical Services Retirement System, the State Teachers Retirement System, the Teachers’ Defined Contribution Retirement System, the West Virginia State Police Death, Disability and Retirement System, the West Virginia State Police Retirement System and the Judges’ Retirement System; and clarifying the scope, application and requirements for error correction by the Consolidated Public Retirement Board”; to the Committee on Pensions and Retirement then the Judiciary.

By Delegates Lynch, P. Smith, A. Evans, Romine, Hamilton, Householder, Boggs, Miley, H. White, Fluharty and Perry:

            H. B. 2522 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting State Teachers Retirement System pension benefits from West Virginia personal income taxation”; to the Committee on Pensions and Retirement then Finance.

By Delegate Ashley:

            H. B. 2523 - “A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to creating a special revenue account to offset costs for the West Virginia State Police 100th Anniversary in 2019”; to the Committee on Finance.

By Delegates Overington, Householder, Faircloth, Blair and Folk:

            H. B. 2524 - "A Bill to amend and reenact chapter 83, Acts of the Legislature, regular session, 1970, relating to changing the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library; creating a library board with the power to operate the said public library; and providing a stable method of financing the operation of the Martinsburg-Berkeley County Public Library”; to the Committee on Political Subdivisions then the Judiciary.

By Mr. Speaker, Mr. Armstead

            [By Request of the Executive]:

            H. B. 2525 - “A Bill to amend and reenact §5H-1-1 and §5H-1-2 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Fire, EMS and Law-Enforcement Officer Survivor Benefit Act; clarifying process for payment of survivor benefit; defining terms; limiting eligibility for survivor benefit to beneficiaries designated in writing by applicable public safety officer; clarifying circumstances for eligibility of survivor benefit; transferring responsibility for determination of eligibility for survivor benefit from Governor’s Office to Department of Military Affairs and Public Safety, Office of the Secretary; providing for reduction of amount of survivor benefit payable when state pays portion of funeral expenses; setting forth required information for certified request for survivor benefit; requiring fire, emergency medical service, and law-enforcement programs to provide notice of survivor benefit and obtain written designations of beneficiaries from eligible public safety officers; requiring the Department of Military Affairs and Public Safety, Office of the Secretary, to prepare a form for written designation of beneficiary; providing exclusions for availability of survivor benefit; providing that payments for survivor benefit to be made from general revenue; and limiting right of action to recover survivor benefit”; to the Committee on the Judiciary then Finance.

Daily Calendar

Third Reading

            Com. Sub. for H. B. 2053, Relating to the form of trust deeds; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 21), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Lynch.

            Absent and Not Voting: Longstreth, Manchin and H. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2053) passed.

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

            Com. Sub. for H. B. 2227, Relating to the National Coal Heritage Area Authority; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 22), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Longstreth, Manchin and H. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2227) passed.

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

First ReadingH. B. 2200, Revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Longstreth, Manchin and H. White.

Miscellaneous Business

            Delegates Ambler, Kelly and Zatezalo asked and obtained unanimous consent that they be removed as cosponsors of H. B. 2107, Relating to required courses of school instruction generally.

            Delegate Espinosa asked and obtained unanimous consent that he be added as a cosponsor of H. B. 2014, West Virginia Public Charter Schools Act of 2015.

            At 11:47 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 2, 2015.