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

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 Friday, January 30, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Chairman McCuskey, from the House Committee on Enrolled Bills, submitted the following report, which was received:

Your House Committee on Enrolled Bills has examined, found truly enrolled and, on the 29^th day of January, 2015, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

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

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

H. B. 2128, Permitting those individuals who have been issued concealed weapons permits to keep loaded firearms in their motor vehicles on the State Capitol Complex grounds,

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

Com. Sub. for H. B. 2128 - “A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting those individuals who have been issued concealed weapons permits to keep firearms in their motor vehicles on the state Capitol Complex grounds if the vehicles are locked and the weapons are out of normal view,”

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

H. B. 2234, Requiring a court to permit a party in a divorce proceeding to resume using the name he or she used prior to the marriage,

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

Com. Sub. for H. B. 2234 - “A Bill to amend and reenact §48-5-613 of the Code of West Virginia, 1931, as amended, relating to requiring a court to permit a party in a divorce proceeding to resume using the name he or she used prior to the marriage,”

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

Com. Sub. for S. B. 237 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11 and §19-2H-12; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to the Captive Cervid Farming Act; regulating captive cervid farming as an agricultural business; stating legislative findings and definitions; permitting sale of venison; stating powers and duties of the Department of Agriculture and commissioner; creating application process and classes of licenses; issuing, renewing, modifying and transferring licenses; inspecting facilities; transitioning current facilities to new licensure procedures; creating penalties for noncompliance with article; amending other statutes to comport with the Captive Cervid Farming Act; permitting rulemaking; prohibiting certain conduct; and providing for certain criminal penalties”; which was referred to the Committee on Finance.

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 341 - “A Bill to amend and reenact §19-1C-4 of the Code of West Virginia, 1931, as amended, relating to the Livestock Care Standards Board; and permitting the commissioner to approve and submit rules established by the board”; to the Committee on Agriculture and Natural Resources then the Judiciary.

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

H. C. R. 32 - “Requesting the Division of Highways to name the bridge on Upper Pinch Creek Road that carries County Route 52/2 over Pinch Creek in Kanawha County, bridge number 20-52/2-0.10 (20A331), latitude 38.41945, longitude -81.48488, as the ‘Lipscomb Brothers Veterans Bridge’.”

Whereas, Charles S. Lipscomb, Allen G. Lipscomb, Walter W. “Pete” Lipscomb, Cebert W. Lipscomb, and Samuel C. Lipscomb, all brothers from Kanawha County and the sons of the late Mr. and Mrs. Talmon L. “Tad” Lipscomb, all served in the US Army, were honorably discharged and awarded medals for good conduct and marksmanship; and

Whereas, The late Charles S. Lipscomb was born on May 15, 1916, and, in 1943, became the first of the Lipscomb brothers to serve in the US Army. He saw front line combat in Germany and France during World War II and received several medals and awards; and

Whereas, Allen G. Lipscomb was born on May 22, 1927, and enlisted in the US Army in 1945 and served with a medical unit and saw combat in Germany during World War II; and

Whereas, The late Walter W. "Pete" Lipscomb was born on January 22, 1929, and enlisted in the US Army in 1945 and saw combat in Japan and Saipan during World War II; and

Whereas, Cebert W. Lipscomb was born on June 27, 1931, and enlisted in the US Army in 1949 and served during the Korean War; and

Whereas, The late Samuel C. Lipscomb was born on November 7, 1934, and enlisted in the US Army in 1957 and served during the Korean War; and

Whereas, Service to country is a family tradition for the Lipscomb brothers; and

Whereas, It is fitting and proper that Charles S. Lipscomb, Allen G. Lipscomb, Walter W. “Pete” Lipscomb, Cebert W. Lipscomb and Samuel C. Lipscomb be remembered and acknowledged for their service to their community, their state and their country by naming the bridge on Upper Pinch Creek Road that carries County Route 52/2 over Pinch Creek in Kanawha County, bridge number 20-52/2-0.10 (20A331), latitude 38.41945, longitude -81.48488, as the "Lipscomb Brothers Veterans Bridge"; therefore, be it

That the Legislature hereby requests the Division of Highways to name the bridge on Upper Pinch Creek Road that carries County Route 52/2 over Pinch Creek in Kanawha County, bridge number 20-52/2-0.10 (20A331), latitude 38.41945, longitude -81.48488, as the “Lipscomb Brothers Veterans 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 "Lipscomb Brothers Veterans 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 family members of the Lipscomb brothers.

Delegates Marcum, H. White, R. Phillips, Moye, Longstreth, Ferro, Byrd, Faircloth, Rowe, Sponaugle and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 33 - “Requesting the Division of Highways to name the Burch High School Bridge, bridge number 30-52/35-0.04 (30A148), carrying County Route 52/35 over Pigeon Creek in Mingo County, the ‘Everett Ronnie Fields, Sr. Memorial Bridge’.”

Whereas, Everett Ronnie Fields, Sr. was born in Varney, West Virginia, on August 4, 1944; and

Whereas, Everett Ronnie Fields, Sr. married Janice Sue Fields on July 7, 1965; and

Whereas, Together, Everett Ronnie Fields, Sr. and Janice Sue Fields had six children; and

Whereas, Four of Everett Ronnie Fields, Sr.’s and Janice Sue Fields’s children and two of their grandchildren graduated from Burch High School in Mingo County, and another grandchild graduated from Mingo Central High School; and

Whereas, Everett Ronnie Fields, Sr. contributed to the Mingo County community by cutting weeds around the Mingo County Vocational and Technical Center, dressing up as Santa Claus for children at Christmas and caring for the Adkins’ Graveyard; along with spending numerous hours volunteering to help the citizens of West Virginia; and

Whereas, It is fitting to honor Everett Ronnie Fields, Sr. by naming the Burch High School Bridge after him; therefore, be it

That the Legislature hereby requests the Division of Highways to name the Burch High School Bridge, bridge number 30-52/35-0.04 (30A148), in Mingo County the "Everett Ronnie Fields, Sr. 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 "Everett Ronnie Fields, Sr. 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 Everett Ronnie Fields, Sr.’s surviving relatives.

Delegates R. Phillips, Marcum, Eldridge, Moffatt offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 34 - “Requesting that bridge number 23-10/7-0.01(23A048) (37.72942, -81.79447), locally known as the Gillman Bottom Bridge carrying CR 10/7 over Huff Creek in Logan County, West Virginia, be named the ‘John B. Short Memorial Bridge’.”

Whereas, John B. Short was born in 1923, the son of LeRoy and Linda Jackson Short of Davin, West Virginia. He died in 2008. He was a graduate of Man High School in 1942 and enlisted in the U. S. Army Air Corps in 1943, where he served until 1946. He went to electrician school in Michigan and upon his return he Married Ruby K. Nunley Short. They had seven children. John retired as Chief Electrician with Pittston Coal Company in 1986. He was an avid outdoorsman, hunter and fisherman; and

Whereas, It is fitting that an enduring memorial be established to commemorate this individual who meant so much to his family and community; therefore, be it

That the Division of Highways is hereby requested to name bridge number 23-10/7-0.01(23A048) (37.72942, -81.79447), locally known as the Gillman Bottom Bridge carrying CR 10/7 over Huff Creek in Logan County, West Virginia, be named the "John B. Short 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 “John B. Short 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 surviving children and family of John B. Short.

Delegates Ihle, Westfall, Cadle, Hanshaw, Ashley, Sponaugle, P. Smith, Hartman, A. Evans, Campbell and Boggs offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 35 - “Requesting the Division of Highways name a section of United States Route 33 from the Ritchie Bridge in Ravenswood, Jackson County to its intersection with Interstate 79 at Exit 99 in Lewis County, and from where United States Routes 219 and 33 diverge just north of Elkins in Randolph County to the Randolph/Pendleton County line ‘The Historic Blue-Gray Highway’.”

Whereas, The stretch of United States Route 33 from Ravenswood, Jackson County, east to Weston, Lewis County, has always been known as the Blue-Gray Highway in recognition of its proximity to many battles and skirmishes that took place during the Civil War; and

Whereas, That stretch of United States Route 33 traverses Jackson, Roane, Calhoun and Lewis Counties; and

Whereas, 2013 marked the sesquicentennial of West Virginia’s birth as a state; one hundred fifty years ago, while the nation was torn apart by the Civil War, West Virginia became America’s 35^th state; and

Whereas, It is fitting and proper that the Legislature recognize this historic event by officially acknowledging the role played by the area traversed by United States Route 33, known by its residents and visitors as the Blue-Gray Highway; therefore, be it

That the Division of Highways name a section of United States Route 33 from the Ritchie Bridge in Ravenswood, Jackson County to its intersection with Interstate 79 at Exit 99 in Lewis County, and from where United States Routes 219 and 33 diverge just north of Elkins in Randolph County to the Randolph/Pendleton County line “The Historic Blue-Gray Highway”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the section of United States Route 33 from the Ritchie Bridge in Ravenswood, Jackson County to Weston, Lewis County, and from where United States Routes 219 and 33 diverge just north of Elkins in Randolph County to the Randolph/Pendleton County line, “The Historic Blue-Gray Highway”; 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.

Delegates Rodighiero, Eldridge, Moffatt and Hicks offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 36 - “Requesting the Division of Highways to name the bridge on Route 119 near Chapmanville in Logan County, bridge number 23-119-15.31 (23A173), latitude 37.974043, longitude -82.020324, as the ‘US Army SPC David H. Stamper Memorial Bridge’.”

Whereas, US Army Specialist David Stamper was born on March 28, 1951, in Wilkinson, West Virginia to Helen R. Stamper and Haskell K. Stamper; and

Whereas, US Army Specialist David H. Stamper received his draft call on the same day he was married to Delana R. Stamper in February 1971; and

Whereas, US Army Specialist David H. Stamper entered the service seven days after he was married and was sent to Vietnam in August 1971; and

Whereas, US Army Specialist David H. Stamper was crew chief of an Army helicopter when it was apparently shot down by a sniper on April 14, 1972, and he was killed; and

Whereas, US Army Specialist David H. Stamper was awarded the Silver Star for gallantry in action, the Bronze Star Medal, the Air Medal (Sixth through Eighth Award), the Purple Heart, the Good Conduct Medal, the Air Medal with Second through Fifth Award, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Aircraft Crewman Badge, and the Marksman Badge with Automatic Rifle Bar; and

Whereas, It is fitting and proper that US Army Specialist David H. Stamper be honored by having this bridge named for a soldier who gave the ultimate sacrifice; therefore, be it

That the Legislature hereby requests the Division of Highways to name the bridge on Route 119, near Chapmanville in Logan County, bridge number 23-119-15.31 (23A173), latitude 37.974043, longitude -82.020324, as the “US Army SPC David H. Stamper 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 “US Army SPC David H. Stamper Memorial Bridge”; and, be it

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

By Delegates Gearheart, Ambler, Cadle, Arvon, Ellington, Shott, Stansbury, L. Phillips, Kessinger, Moore and H. White:

H. B. 2526 - “A Bill to amend and reenact §15-2-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-16A-4, §17-16A-10 and §17-16A-18 of said code, all relating to providing for the transfer of ownership, operation and maintenance of certain assets of the West Virginia Parkways Authority to the Division of Highways; requiring all debt obligations of the Parkways Authority to be satisfied by February 1, 2021; eliminating tolls on the West Virginia Turnpike after debt obligations are satisfied; directing the Governor to issue a proclamation that all obligations are satisfied and transfer of assets; providing that certain materials, equipment, assets and employees of the parkways authority be transferred to the Division of Highways; providing for employees of the Parkways Authority whose positions are eliminated as result of the transfer; requiring certain moneys be used for operation and maintenance of, and for the provision of police services by the West Virginia State Police on the West Virginia Turnpike; providing that all obligations and responsibilities of the parkways authority for the West Virginia Turnpike cease on January 1, 2036; prohibiting new bonds from being issued; providing an exception; requiring the Division of Highways to accept ownership of the West Virginia Turnpike when the bonds secured by toll revenues have been paid; creating two funds; and authorizing rule-making”; to the Committee on Roads and Transportation then Finance.

H. B. 2527 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3A-7, relating to creating a Task Force on the Prevention of Sexual Abuse of Children within the Center for Professional Development; specifying composition of task force; including duty to make recommendations; and providing that members serve without expense reimbursement or compensation”; to the Committee on Education then Finance.

By Delegates Hornbuckle, Reynolds, Sponaugle, Marcum, R. Phillips, Trecost, Campbell, Rodighiero, Perry, H. White and Bates:

H. B. 2528 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-1-6, relating to providing scholarships for certain former coal miners; and granting rule-making authority”; to the Committee on Education then Finance.

H. B. 2529 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-4e, relating to requiring the Commissioner of Agriculture to develop a pilot program for the cultivation of marijuana to be sold in states where sales are legal”; to the Committee on the Judiciary then Finance.

H. B. 2530 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §10-1-23, relating to establishing a Library Facilities Improvement Fund that will serve to support library facilities construction, maintenance and improvement projects; setting forth the general structure of fund and distribution of funds; and providing for rule-making”; to the Committee on Education then Finance.

H. B. 2531 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4 and §5B-2I-5, all relating to creating the Good Jobs Internet Reporting Act; requiring government agencies to report job creation and retention information related to development assistance programs to the Department of Revenue; requiring tracking numbers for all development assistance projects and tax credits; requiring the Tax Department to report development assistance tax credit information to the Department of Revenue; requiring tax levying bodies to report tax assessment valuation determination information to the Department of Revenue; requiring the Department of Revenue to compile and report all information required under this article to the Legislature; and requiring the Department of Revenue to publish reports on the internet”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates Sponaugle, Perdue, Hornbuckle, L. Phillips, Pethtel, Boggs, Williams, Hartman, R. Phillips, Bates and Reynolds:

H. B. 2532 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to providing certain members of volunteer fire departments and rescue squads a $5,000 modification reducing federal adjusted gross income for personal income tax purposes”; to the Committee on Finance.

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

H. B. 2533 - “A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge for the twenty-third judicial circuit consisting of Berkeley, Jefferson and Morgan counties”; to the Committee on the Judiciary then Finance.

By Delegates Skinner, Fluharty, Fleischauer, Pushkin, Hornbuckle, Reynolds, Sponaugle, Manchin, Miley, Caputo and Guthrie:

H. B. 2534 - “A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices; prohibiting discrimination based upon age or sexual orientation; and defining sexual orientation”; to the Committee on the Judiciary.

By Delegates Longstreth, Ferro, Caputo, Rowan, O’Neal, Ashley, Hamrick, L. Phillips, Fleischauer, Skinner and P. Smith:

H. B. 2535 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-40; to amend said code by adding thereto a new section, designated §18B-1B-7; to amend said code by adding thereto a new article, designated §27-6-1 and §27-6-2; and to amend and reenact §30-1-7a of said code, all relating generally to suicide prevention training; requiring middle and high schools to provide information and opportunities for discussion of suicide prevention to students; authorizing the State Board of Education to consult with the Bureau for Behavioral Health to assure the quality and accuracy of the information provided; providing that institutions of higher education will develop and implement a policy to advise students and staff on available depression and suicide prevention resources; requiring suicide prevention information to be provided to all incoming students; requiring suicide prevention information to be posted on the websites of institutions of higher education; requiring free prevention materials and programs to be posted on the websites of all institutions of higher education, the higher education policy commission and the Bureau for Behavioral Health and Health Facilities; requiring the Bureau for Behavioral Health and Health Facilities to review such posted materials annually; providing legislative findings; requiring the Bureau for Behavioral Health and Health Facilities to post certain suicide prevention and awareness information on its website; providing for the Bureau for Behavioral Health and Health Facilities to assist middle and high schools in providing suicide prevention information to students; requiring certain health care professionals to obtain continuing education courses on suicide prevention and related topics as part of their license renewal; providing that certain health care professionals may only be required to complete two hours of suicide prevention training; requiring certain health care licensing boards to establish continuing education requirements and criteria and approve continuing education courses on suicide prevention and related topics”; to the Committee on Health and Human Resources then Education.

H. B. 2536 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-32b, relating to travel insurance limited lines producers; defining terms; authorizing the Insurance Commissioner to issue a limited lines travel insurance producer license; authorizing a travel retailer to offer travel insurance under a limited lines travel insurance producer business entity license under certain conditions; requiring a limited lines travel insurance producer to maintain a register of travel retailers offering insurance on its behalf and to designate one of its employees as a designated responsible producer; requiring instruction or training of employees offering travel insurance on behalf of a limited lines travel insurance producer; providing exemptions from examination and continuing education requirements; requiring travel retailers offering travel insurance to make available written materials to prospective purchasers; prohibiting travel retailer employees who are not licensed as insurance producers from providing certain information; authorizing a travel retailer and its employees to offer travel insurance and to be compensated upon registration by the limited lines travel insurance producer; and providing for enforcement”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Ihle, Kessinger, Faircloth, Moffatt, Westfall, Householder, Hill, Folk, Rowan, Frich and Canterbury:

H. B. 2537 - “A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to requiring that the chairperson of the Public Service Commission be elected on a nonpartisan ballot, beginning in 2018”; to the Committee on Government Organization then the Judiciary.

H. B. 2538 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-27, relating to administrative fees for the Tax Division of the Department of Revenue, specifying imposition and retention of fees by the Tax Division of the Department of Revenue from specified taxes and fees, and from any interest, additions to tax and penalties related thereto, specifying imposition and retention of fees in payment for Tax Division services in the collection, distribution and administration of taxes for state and local departments, divisions, subdivisions and agencies, authorizing reimbursements to the Tax Division for transaction fees imposed by the Enterprise Resource Planning System, authorizing fee increases by legislative rule, specifying limitations, and specifying an effective date”; to the Committee on Finance.

By Delegates Trecost, Canterbury, Perry, E. Nelson, Howell, Manchin, Eldridge, Boggs, Morgan and Longstreth:

H. B. 2539 - “A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to increasing by seven the number of participants in the Home Rule Pilot Program”; to the Committee on Government Organization then the Judiciary.

H. B. 2540 - “A Bill to amend and reenact §33-6A-1 of the Code of West Virginia, 1931, as amended, relating to requiring automobile liability insurance providers must give a policyholder fourteen days notice of an intent to cancel the policy if the reason for cancellation is nonpayment of a premium”; to the Committee on Banking and Insurance then the Judiciary.

H. B. 2541 - “A Bill to amend and reenact §10-1-2 of the Code of West Virginia, 1931, as amended, relating to permitting counties to impose additional levy on property within the county for the sole purpose of funding public libraries; requiring election, etc.”; to the Committee on the Judiciary then Finance.

By Delegates Espinosa, Gearheart, Householder, Folk, Upson, McCuskey, Ellington, Westfall, Overington, Cowles and Howell:

H. B. 2542 - “A Bill to amend and reenact §4-10-3 and §4-10-8 of the Code of West Virginia, 1931, as amended, all relating to the Legislative Auditor; requiring reviews of groups of agencies on a four-year cycle”; to the Committee on Government Organization then Finance.

H. B. 2543 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5, §16-46-6 and §16-46-7, all relating generally to accessing and administering opioid antagonists in overdose situations; establishing a short title; defining terms; establishing objectives and purpose; allowing licensed health care providers to prescribe an opioid antagonist to initial responders and certain individuals; allowing initial responders to possess and administer opioid antagonists; providing for limited liability for initial responders who possess and administer an opioid antagonist; providing for limited liability for licensed health care providers who prescribe an opioid antagonist in accordance with this article; establishing responsibility of licensed health care providers to provide educational materials on overdose prevention and administration of an opioid antagonist; and providing for data collection and reporting”; to the Committee on Health and Human Resources then the Judiciary.

H. B. 2544 - “A Bill to amend and reenact §30-8-9 of the Code of West Virginia, 1931, as amended, relating to clarifying that optometrists may continue to exercise the same prescriptive authority which they possessed prior to hydrocodone being reclassified as a Schedule II substance”; to the Committee on Health and Human Resources then the Judiciary.

H. B. 2545 - “A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as amended, relating to reimbursement of certification fee for National Board for Professional Teaching Standards certification; and requiring the submission of satisfactory evidence to the West Virginia Department of Education for reimbursement”; to the Committee on Education then Finance.

H. B. 2546 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24A-9-1, §24A-9-2, §24A-9-3, §24A-9-4, §24A-9-5, §24A-9-6 and §24A-9-7, all relating to insurance requirements for transportation network companies and drivers operating in West Virginia”; to the Committee on Banking and Insurance then the Judiciary.

H. B. 2547 - “A Bill to repeal §11-1-5 of the Code of West Virginia, 1931, as amended, relating to removing certain officials from office for misconduct or neglect of official duties”; to the Committee on Political Subdivisions then the Judiciary.

H. B. 2548 - “A Bill to amend and reenact §17C-6-7 of the Code of West Virginia, 1931, as amended, relating to authorizing incorporated Class IV municipalities to enforce speed limits by use of any device designed to measure and indicate or record speed by means of microwaves or reflected light”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Lane, E. Nelson, Walters, Stansbury, B. White, Rowe, McCuskey, Guthrie, Byrd and Pushkin:

H. B. 2549 - “A Bill to amend and reenact §7-5-16 of the Code of West Virginia, 1931, as amended, relating to the preparation and publication of county financial statements”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Cowles, Miller, Householder, Moffatt, McGeehan, Sponaugle, H. White, Campbell, Skinner, Rowe and Perry:

H. B. 2550 - “A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to increasing the number of unexcused absences of a student before action may be taken against the parent, guardian or custodian of the student”; to the Committee on Education then the Judiciary.

By Delegates R. Smith, J. Nelson, Border, Kessinger, Arvon, Howell, Moffatt, A. Evans, Wagner, Cadle and D. Evans:

H. B. 2551 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6M-101, relating to prohibiting internet service providers from advertising or offering to provide high speed internet service that is not at least ten megabytes per second; creating a cause of action for consumers and the Attorney General; requiring the Attorney General to investigate complaints; granting the Attorney General with injunctive powers; and establishing monetary penalties”; to the Committee on the Judiciary.

By Delegates R. Smith, J. Nelson, Border, Kessinger, Arvon, Phillips, R. Moffatt, A. Evans, Westfall, Wagner and Cadle:

H. B. 2552 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to permitting utility consumers to use the consumer protection laws when concerning billing issues are in question; providing the Attorney General with the power to inquire about a billing issue; providing that the remedy is in addition to other remedies available from the West Virginia Public Service Commission; and providing that the powers and responsibilities of the commission are not affected”; to the Committee on the Judiciary.

By Delegates Perdue, Sponaugle, Pushkin, Hornbuckle, Morgan, Hartman, Phillips, R. and Bates:

H. B. 2553 - “A Bill to amend and reenact §61-2-17 of the Code of West Virginia, 1931, as amended, relating to crimes against the person; human trafficking; definitions; forfeiture procedure; and criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Cowles, Cadle, Campbell, Hartman, Kelly, McCuskey, R. Phillips, Smith, R. Stansbury, Upson and H. White:

H. B. 2554 - “A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to protection of utility workers from crimes against the person; defining ‘utility worker’, establishing penalties”; to the Committee on Industry and Labor then the Judiciary.

H. B. 2555 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §12-5B-1; §12-5B-2; §12-5B-3; §12-5B-4; §12-5B-5; §12-5B-6; §12-5B-7 and §12-5B-8, all related to oversight of law-enforcement agencies which receive private property through forfeiture laws; and providing reporting requirements”; to the Committee on the Judiciary then Finance.

By Delegates Cowles, Lane, Sobonya, Householder, Pasdon, Kessinger, Fast, McGeehan and Storch:

H. B. 2556 - “A Bill to amend and reenact §16-3-4 and §16-3-5 of the Code of West Virginia, 1931, as amended, all relating generally to mandatory immunizations; setting forth immunization dosage levels; adding required immunizations; providing medical and religious exemptions from mandatory immunizations for school children; requiring parents and guardians to assert their beliefs in an affidavit; providing that the affidavit be provided before the exemption applies; allowing the removal of students who are not immunized from school in times of emergency or epidemic; granting legislative rulemaking authority to the Secretary for the Department of Health and Human Resources to add or delete diseases for which vaccines are required for school attendance, to develop necessary forms and to create a process for review any verification of affidavits for completeness; nullifying an interpretive rule and any action taken pursuant to the interpretive rule; modifying the Immunization Advisory Committee and establishing a chair of the committee”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Walters, Westfall, Pasdon, Moffatt, Morgan, Perry, Hartman, McCuskey, Frich, Storch and H. White:

H. B. 2557 - “A Bill to amend and reenact §33-6-29 of the Code of West Virginia, 1931, as amended, relating generally to motor vehicle insurance policies and coverage provided for rented or leased motor vehicles; clarifying that an insured driver of a motor vehicle is covered by the driver's auto insurance policy when renting or leasing a vehicle; and providing that if the renter of a vehicle does not have auto insurance coverage, the rental or leasing car company is the provider of security”; to the Committee on Banking and Insurance then the Judiciary.

H. B. 2558 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing a $500 credit against state personal income tax for certain members of volunteer fire departments”; to the Committee on the Judiciary then Finance.

H. B. 2559 - “A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as amended, relating to increasing the excise tax on cigarettes”; to the Committee on Health and Human Resources then Finance.

H. B. 2560 - “A Bill to amend and reenact §5-10A-2 and §5-10A-6 of the Code of West Virginia, 1931, as amended, all relating to disqualification for public retirement plan benefits when a participant is determined to have rendered less than honorable service; adding the West Virginia Municipal Police Officers and Firefighters Retirement System to the definition of ‘retirement plan’; and specifying that former participants of the West Virginia Teachers’ Defined Contribution Retirement System who elected to transfer to the West Virginia Teachers’ Retirement System and whose benefits have been terminated for less than honorable service shall not be refunded any transferred vested employer contributions”; to the Committee on Pensions and Retirement then Finance.

By Delegates Statler, Kurcaba, Stansbury, Rohrbach, Frich, Pasdon, Summers, Espinosa, Waxman and Blair:

H. B. 2561 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8d, relating to requiring the Commissioner of Highways to contract with private providers or contractors for necessary emergency maintenance operations”; to the Committee on Roads and Transportation then the Judiciary.

H. B. 2562 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-22-7a, relating to sales tax increment financing; authorizing recalculation of the base tax revenue amount, subject to specified limitations; specifying that, upon written request of the county commission, filed not later than April 30, 2015, with the Development Office, base tax revenue amounts greater than $1 million for a given district may be recalculated; specifying limitations on changes to the base tax revenue amount; specifying that the recalculated base tax revenue amount shall be used to determine the net annual district tax revenue amount for the district beginning on July 1, 2015; specifying that decrease to base tax revenue amount upon recalculation is limited to $1 million dollars; specifying that no adjustment, refund, payment or repayment of special district excise tax, or consumers sales and service tax and use tax, or net annual district tax revenue amount, or accrual thereof, attributable to periods prior to July 1, 2015, is authorized; providing for the sharing of certain information respecting the district; defining terms; specifying that, if tax revenues in a sales tax increment financing district are deficient, such that the amount withheld in any month is insufficient to fully recover the base tax revenue amount attributable to that month, that such deficit shall be carried forward to subsequent months until the base tax revenue amount deficit is paid; and specifying that any unpaid deficit carried forward shall be discharged and set at zero on the first day of each fiscal year”; to the Committee on Finance.

By Delegates Ihle, Faircloth, Kessinger, Moffatt, McGeehan, Householder, Hill, Folk, Rowan, Frich and Canterbury:

H. B. 2563 - “A Bill to amend and reenact §18-3-1 of the Code of West Virginia, 1931, as amended, relating to requiring the State Superintendent of Schools to be elected on a nonpartisan basis for four year terms”; to the Committee on Education then the Judiciary.

H. B. 2564 - “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 and requiring the board of education to develop alternate academic standards”; to the Committee on Education.

H. B. 2565 - “A Bill to amend and reenact §15-9-1, §15-9-2, §15-9-3 and §15-9-5 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §15-9-6; to amend and reenact §15-9A-1, §15-9A-2 and §15-9A-3 of said code; to amend and reenact §15-9B-1 and §15-9B-2 of said code; to amend and reenact §30-29-2, §30-29-3, §30-29-4, §30-29-5, §30-29-6 and §30-29-7 of said code; and to amend and reenact §62-11C-2, §62-11C-3, §62-11C-4, §62-11C-6 and §62-11C-8 of said code, all relating to the reorganization of the Governor’s Committee on Crime, Delinquency and Correction and its subcommittees; continuing the Governor’s Committee on Crime, Delinquency and Correction and providing for membership, terms, and authority of the chair; requiring facility inspection in accordance with the Prison Rape Elimination Act; granting authority to the Governor’s Committee on Crime, Delinquency and Correction to establish bylaws, policies, and procedures; establishing responsibilities of the Governor’s Committee on Crime, Delinquency and Correction; stating legislative findings; designating a staffing agency for the Governor’s Committee on Crime, Delinquency and Correction and providing authority and responsibilities; establishing duties of the director of the Governor’s Committee on Crime, Delinquency and Correction; establishing membership criteria and subcommittee status of the Sexual Assault Forensic Examination Commission; establishing powers and duties of the Sexual Assault Forensic Examination Commission; establishing membership criteria and subcommittee status of the Law-Enforcement Professional Standards Subcommittee; establishing powers and duties of the Law-Enforcement Professional Standards Subcommittee; providing for uses of fees collected for the Law-Enforcement Professional Standards Subcommittee and authorizing adjustments of such fees by legislative rule; establishing the Community Corrections Subcommittee, membership, and authority; and making technical edits”; to the Committee on Government Organization then Finance.

By Delegates R. Smith, Wagner, Summers, Zatezalo, Gearheart, Moffatt, Cadle, R. Phillips, J. Nelson, Kessinger and B. White:

H. B. 2566 - “A Bill to repeal §22A-2A-302, §22A-2A-303, §22A-2A-304, §22A-2A-305, §22A-2A-306 and §22A-2A-307 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-3-13 and §22-3-19 of said code; to amend and reenact §22-11-6 and §22-11-8 of said code; to amend said code by adding thereto a new section, designated §22-11-22a; to amend said code by adding thereto a new section, designated §22A-1-41; to amend and reenact §22A-1A-1 of said code; to amend and reenact §22A-2-6, §22A-2-28 and §22A-2-37 of said code; to amend and reenact §22A-2A-101 of said code; to amend said code by adding thereto a new section, designated §22A-2A-204a; to amend and reenact §22A-2A-301, §22A-2A-308, §22A-2A-309, §22A-2A-310, §22A-2A-402, §22A-2A-403, §22A-2A-404, §22A-2A-405, §22A-2A-501, §22A-2A-601, §22A-2A-602, §22A-2A-603 and §22A-2A-604 of said code, all relating to creating the ‘Coal Jobs and Safety Act of 2015’; providing methods of assuring that discharges from waste piles do not exceed applicable water quality standards; conforming the rules regarding the procedures for requesting and obtaining inactive status and the rules relating to the requirements for contemporaneous reclamation under the West Virginia Surface Coal Mining and Reclamation Act to the corresponding federal requirements; abolishing the West Virginia Diesel Equipment Commission; transferring the duties and responsibilities of the commission to the Director of the Office of Miners’ Health, Safety and Training; defining terms; providing rule-making authority; providing that rules previously approved by the commission continue in full force and effect; developing statewide hardness-based aluminum water quality criteria for the protection of aquatic life; prohibiting the wholesale incorporation of water quality standards into permits rather than specifically developing terms and conditions on a permit-by-permit basis that are designed to protect water quality standards, the scope of the permit shield as it relates to compliance with water quality standards; establishing an administrative and civil enforcement process for coal mining-related permits that conforms with corresponding federal requirements; making legislative findings; permitting the immediate temporary suspension, suspension or revocation of a certificate held by of a certified person who has tested positive for certain drugs or alcohol, refused to submit a sample for screening, possessed or submitted a substituted sample, or possessed or submitted an adulterated sample for testing; if a drug test is positive a certified employee may not rely on the fact that the drug was prescribed if the prescription is more than one year old; setting forth the requirements for movement of off-track mining equipment in areas of active workings where energized trolley wires or trolley feeder wires are present; establishing premovement requirements; increasing the distance from five hundred feet to one thousand, five hundred feet of the nearest working face where transportation of certain personnel in certain instances is done exclusively by rail; increasing the distance of track to be maintained when a section is fully developed and being prepared for retreating; permitting the use of sideboards on shuttle cars if they are equipped with cameras; requiring shelter holes be provided along haulage entries and be placed not more than one hundred five feet apart; providing an exception; removing the requirement that locomotives, personnel carriers, barrier tractors and other related equipment be equipped with lifting jacks and handles; and prescribing that no one, other than the motorman and brakeman, should ride on a locomotive unless authorized by the mine foreman, and then only when safe riding facilities are provided”; to the Committee on Energy then the Judiciary.

By Delegates Ihle, Faircloth, Kessinger, Moffatt, McGeehan, Westfall, Householder, Hill, Folk, Rowan and Canterbury:

H. B. 2567 - “A Bill to repeal §3-5-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-6-13, relating to electing members of county school boards on a nonpartisan basis in general elections only; establishing eligibility of candidates; and providing that members currently serving shall continue on the boards until any new members take office”; to the Committee on Education then the Judiciary.

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

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two hundred fifty-three, section six hundred four, line ninety-one, after the word “where”, by inserting “the child has attained sixteen years of age and”.

On page two hundred sixty-nine, section six hundred eight, line ninety, by striking out the word “and”.

On page two hundred sixty-nine, section six hundred eight, line ninety-two, by changing the period to a semicolon and inserting the word “and”.

On page two hundred sixty-nine, section six hundred eight, following line ninety-two, by inserting a new subdivision to read as follows:

“(6) In addition, in the case of any child for whom another planned permanent living arrangement is the permanency plan, the court shall (A) inquire of the child about the desired permanency outcome for the child; (B) make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child; and, (C) provide in the court order compelling reasons why it continues to not be in the best interest of the child to (i) return home, (ii) be placed for adoption, (iii) be placed with a legal guardian, or (iv) be placed with a fit and willing relative.”

On motion of Delegates E. Nelson and Shott, the bill was amended on page two, section one hundred two, following line seven, by striking out section one hundred two in its entirety and inserting in lieu thereof a new section one hundred two to read as follows:

“§49-1-102. Legislative Intent; continuation of existing statutory provisions; no increase in funding obligations.

In recodifying the child welfare law of this state during the regular session of the Legislature in the year 2015, it is intended by the Legislature that each specific reenactment of a substantively similar prior statutory provision will be construed as continuing the intended meaning of the corresponding prior statutory provision and any existing judicial interpretation of the prior statutory provision. It is not the intent of the Legislature, by recodifying the child welfare law of this state during the regular session of the Legislature in the year 2015 to alter the substantive law of this state as it relates to child welfare or to increase or enlarge any funding obligation of any spending unit of the state.”

On page three, section one hundred four, following line seven, by striking out section one hundred four in its entirety and inserting in lieu thereof a new section one hundred four to read as follows:

“§49-1-104. West Virginia Code replacement; no increase of funding obligations to be construed.

(a) The Department of Health and Human Resources and the Department of Military Affairs and Public Safety are not required to change any form or letter that contains a citation to this code that is changed or otherwise affected by the recodification of this chapter during the 2015 regular session of the Legislature unless specifically required by a provision of this code.

(b) No provision of the recodification of this chapter during the 2015 regular session of the Legislature may be construed to increase or enlarge any funding obligation of any spending unit of the state.”

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

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

Com. Sub. for 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,

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

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,

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

Delegate H. White announced that he was absent when the votes were taken on Roll Nos. 20, 21 and 22, and that had he been present, he would have voted “Yea” thereon.

Delegate Kurcaba asked and obtained unanimous consent that he be removed as a cosponsor of H. B. 2420, Relating to unlawful methods of hunting and fishing.

Delegate Hornbuckle asked and obtained unanimous consent that he be added as a cosponsor of H. B. 2045, Overdose Prevention Act.

Delegate P. Smith asked and obtained unanimous consent that she be added as a cosponsor of H. B. 2041, Establishing requirements for prior review of all privatization proposals.

Delegate Hamrick asked and obtained unanimous consent that he be added as a cosponsor of H. B. 2040, Adding domestic violence and fraud to the list of crimes for which conviction would bar a person from holding public office.

At 11:48 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 3, 2015.