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, February 4, 2015

TWENTY-SECOND 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, February 3, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2011, Relating to disbursements from the Workers’ Compensation Fund where an injury is self inflicted or intentionally caused by the employer,

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

            Com. Sub. for H. B. 2011 - “A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, generally relating to a workplace employee injury caused by the deliberate intention of the employer required for the employer to lose immunity from a lawsuit; defining actual knowledge; providing that actual knowledge must be specifically proven by direct evidence and cannot be established by inference, constructive knowledge or proof of what should have been known; establishing that proof of actual knowledge of prior accidents, near misses, safety complaints or citations must be proven by direct evidence and cannot be established by inference or circumstantial evidence; providing that proof of failure to inspect for safety violations must be specifically related the cause of the worker’s injury or death; defining a commonly accepted and well-known safety standard within the industry or business of the employer; requiring that if the unsafe working condition relates to a violation of a state or federal safety provision that safety provision must address the specific work, working conditions and hazards involved; defining serious compensable injury; and, providing for consideration of bifurcation of discovery in certain circumstances,”

            With the recommendation that the committee substitute do pass.

            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. 2282, Department of Environmental Protection, permits for construction and major modifications of major stationary sources for the prevention of significant deterioration of air quality,

            H. B. 2283, Department of Environmental Protection, standards of performance for new stationary sources,

            H. B. 2284, Department of Environmental Protection, control of air pollution from hazardous waste treatment, storage and disposal facilities,

            H. B. 2286, Department of Environmental Protection, emission standards for hazardous air pollutants,

            And,

            H. B. 2288, Department of Environmental Protection, hazardous waste management system,

            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. 2282, H. B. 2283, H. B. 2284, H. B. 2286 and H. B. 2288) were each referred to the Committee on the Judiciary.

            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. 2312, Commissioner of Agriculture, livestock care standards,

            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. 2312) was referred to the Committee on the Judiciary.

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

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

            H. B. 2296, Division of Natural Resources, defining the terms used in all hunting and trapping rules,

            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. 2296) was referred to the Committee on the Judiciary.

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

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

            H. B. 2276, Legislative rule relating to the inspection of meat and poultry,

            H. B. 2306, Commissioner of Agriculture, animal disease control,

            H. B. 2307, Commissioner of Agriculture, relating to auctioneers,

            H. B. 2309, Commissioner of Agriculture, West Virginia Plant Pest Act,

            H. B. 2310, Commissioner of Agriculture, West Virginia Spay Neuter Assistance Program,

            H. B. 2311, Commissioner of Agriculture, industrial hemp,

            H. B. 2313, Commissioner of Agriculture, equine rescue facilities,

            H. B. 2314, Commissioner of Agriculture, aquaculture importation,

            H. B. 2358, Conservation Committee, financial assistance programs,

            And,

            H. B. 2362, Commissioner of Agriculture, Rural Rehabilitation Loan Program,

            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. 2276, H. B. 2306, H. B. 2307, H. B. 2309, H. B. 2310, H. B. 2311, H. B. 2313, H. B. 2314, H. B. 2358 and H. B. 2362) were each referred to the Committee on the Judiciary.

            Delegate Storch, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under sondieration:

            H. B. 2099, Extending the time of meetings of local levying bodies when meetings are delayed,

            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. 2099) was referred to the Committee on the Judiciary.

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

            Your Committee Energy has had under consideration:

            H. B. 2290, Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rule for coal mining facilities,

            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. 2290) was 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. 2329, Department of Health and Human Resources, medication administration and performance of health maintenance tasks by approved medication assistive personnel,

            H. B. 2332, Department of Health and Human Resources, Fatality and Mortality Review Team,

            H. B. 2333, Department of Health and Human Resources to promulgate a legislative rule relating to public water systems,

            And,

            H. B. 2341, Board of Medicine, relating to licensure, disciplinary and complaint procedures; continuing education; and physician assistants, 

             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. 2329, H. B. 2332, H. B. 2333 and H. B. 2341) were each referred to the Committee on the Judiciary.

Messages from the Executive

            The Speaker presented annual reports from various state agencies as required by the provisions of law, as follows: 

            Accountancy, Board of

                        Cabell County Community Services Organization, Inc.

                        Children with Autism Trust Board

                        Juror Qualification Report (2013)

Studies Being Considered and Conducted By WVDEP Office of Explosives and Blasting

Aging, Commission on

Alcohol Beverage Control Administration

Attorney General

Activities of the Consumer Protection and Anti-trust Division

Auditor

Consolidated Budget Report

            Children’s Health Insurance Program

            Chiropractic, Board of

            Commission on Special Investigations

Comprehensive Procurement Program for Recycled Products in West Virginia

Conservation Agency

            Corrections, Division of (2013 and 2014)

Court of Claims

            Court System (2013)

Dentistry, Board of

Dentists and Dental Hygienists, Board of

Development Office

Education, Department of

Association between School Discipline and Math

Compulsory Attendance and Dropouts

Earn a Degree Graduate Early Incentive 2014

Innovation Zone Annual Report

Energy, Division of

Environmental Protection, Department of

Hazardous Waste

LCAP Fund

Film Office Report

Fire Commission

Forestry, Division of

            Health Care Authority

Birth Defects Surveillance

Children and Families Youth Service

                        Infant and Maternal Mortality Review Panel

Sudden Unexplained Infant Death

Womens Right to Know

Housing Development Authority

Consumer Advocate

Insurance Commissioner

Medical Malpractice Report on Insurance

Investment Management Board

Joint Committee on

Logging Sediment Control Act

Managed Timberland

Safety Issues in the Workers’ Compensation Market

            Justice and Community Service

Juvenile Justice and Delinquency Prevention

Legislative Auditor Report

Library Commission

Lottery Commission

Medical Imaging and Radiation Therapy Technology , Board of Examiners

Municipal Bond Commission

Natural Resources

            Nursing Home Administrators Licensing Board

Medicine, Board of

Motor Vehicles

            Natural Resources, Division of

            Occupational Therapy, Board of

Optometry, Board of

Personnel, Division of

Physical Therapy, Board of

Professional Engineers, State Board of Registration of

Professional Surveyors, Board of

Prosecuting Attorneys Institute Report

Protective Services, Division of

            Psychologists, Board of

Public Service Commission

Alternative and Renewable Energy Resource Planning Assessment

                        Comparative Residential Rate Study (2013)

                        Consumer Advocate Division (2013)

            Purchasing Division

Sole Source Report

                        Stringing Report

Surplus Property Sales

            Real Estate Commission

Regional Education Service Agency (RESA)

Regional Jail Authority

Registered Professional Nurses, Board of Examiners

            Sanitarians, Board of

Social Work Examiners, Board of

            Special Investigations, Commission on

Speech Language Pathology and Audiology, Board of Examiners

            State Police

                        Recruitment of Females/Minorities

            Supreme Court of Appeals

Juror Qualifications Report

            Tax Department, State of

Children with Autism

Commercial Patients Incentives Tax Credit

Tourism, Division of

Transportation, Department of

Veterinary Medicine, Board of

Volunteer West Virginia

Water Development Authority

            And,

Workforce Investment Act.

            The above- referenced reports are on file in the Clerk’s Office.

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on February 3, 2015, he approved Com. Sub. for H. B. 2001.

Messages from the Senate

            A message from the Senate, by

            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. 175 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to chronic pain management clinic licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the Fatality and Mortality Review Team; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to medication administration and performance of health maintenance tasks by approved medication assistive personnel; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the nurse aid abuse and neglect registry; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to nursing home licensure; and authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the statewide trauma/emergency care system”; which was referred to the Committee on Health and Human Resources then Government Organization.

            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. 249 - “A Bill to amend and reenact §3-4A-9, §3-4A-11a and §3-4A-27 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-6-2, §3-6-3, §3-6-5 and §3-6-6 of said code, all relating to disallowing voting a straight party ticket by one mark or punch in a general election”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

            Delegates A. Evans, Sponaugle, Hartman and Romine offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 38 - “Requesting the Division of Highways to name the bridge number 1296 on Route 220, Franklin Pike, five miles South of Petersburg, Grant County, the ‘Captain John Bond and the West Virginia State Troops Memorial Bridge’.”

            Whereas, The Home Guard in Petersburg, Grant County, was officially called the West Virginia State Troops during the Civil War. One of the local Captains of the State Troops was Captain John Bond who was Captain of Company A. All of the members of this company were from the Franklin Pike area. Many of these men gave their lives for their state and country during one of the darkest periods in the history of the United States and West Virginia; and

            Whereas, Naming the bridge number 1296 on Route 220, Franklin Pike, five miles south of Petersburg, Grant County, the “Captain John Bond and the West Virginia State Troops Memorial Bridge” is an appropriate recognition of his contributions and those of the brave men who comprised the members of Company A of the West Virginia State Troops to their country, state, community and Grant County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 1296 on Route 220, Franklin Pike, five miles south of Petersburg, Grant County, the “Captain John Bond and the West Virginia State Troops Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Captain John Bond and the West Virginia State Troops 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 the surviving relatives of Captain John Bond, the surviving relatives of the West Virginia State Troops and to the 7th West Virginia Infantry Camp #7, Sons of the Civil War.

            Delegates Moore, Gearheart, L. Phillips 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. 39 - “Requesting the Division of Highways to name the bridge on Route 52 over Tug Fork in McDowell County, bridge number 24-52-20.04 (24A129), latitude 37.41709, longitude -81.58999, locally known as the Coney Island Bridge, as the ‘USMC LCpl Julius C. “Corky” Foster Memorial Bridge’.”

            Whereas, US Marine Corps Lance Corporal Foster grew up in McDowell County and graduated from Welch High School in 1956; and

            Whereas, US Marine Corps Lance Corporal Foster joined the Marine Corps Reserve in 1961 under the six-month reserve program, and during his six-year tour, he attended West Virginia University where he ultimately earned a bachelor’s degree in history in 1967. While in Morgantown, he was active in the All-Campus Party and Phi Sigma Kappa fraternity; and

            Whereas, On August 27, 1967 US Marine Corps Lance Corporal Foster began his 31 day and 406 mile hike to Camp Lejeune, North Carolina to reenlist. Even though his feet became blistered during the first 30 miles of his trek, Lance Corporal Foster persevered. Although he didn’t carry a flag or anything else announcing his intentions, Lance Corporal Foster said that people along the way “took me into their hearts and homes”; and

            Whereas, Although he had completed his tour in the Reserves, US Marine Corps Lance Corporal Foster said in an interview with Bluefield Daily Telegraph staff reporter Rob Dalton that during his last year in college he decided to reenlist after he earned his degree, and as that time grew closer, he decided to make a statement with his reenlistment that would demonstrate his personal commitment to the war in Vietnam and what he believed was the sentiment of most Americans. Mr. Dalton quoted Lance Corporal Foster as saying that the Vietnam War is “a struggle that is clouded but just. I feel that we are historically and morally justified in aiding the common people of South Vietnam;” and

            Whereas, After reenlisting, US Marine Corps Lance Corporal Foster asked to be assigned to Vietnam. Soon thereafter he got a 14-day leave, and he visited his parents in Winston-Salem, North Carolina, where they had moved when Lance Corporal Foster went to college. He returned to the Marines as a Lance Corporal and was assigned to Camp Pendleton, California, before being sent to and arriving in Vietnam on December 6, 1967; and

            Whereas, On February 16, 1968, US Marine Corps Lance Corporal Foster spoke with his mother, Maxine Cartwright Foster, via ham radio network setup that connected him from Vietnam to Denver, Colorado, and on to Winston-Salem. During that call Lance Corporal Foster told her he had just been released from a combat area hospital where he had been treated for foot ailments; and

            Whereas, Less than one week later, on February 22, 1968, US Marine Corps Lance Corporal Foster led a patrol from his headquarters at Quang Tri to Hill 861 near Khe Sanh when they were hit with mortar fire, killing Lance Corporal Foster and 21 other Marines. Lance Corporal Foster was 19 years old. A political rally for student offices at West Virginia University was halted and participants bowed their heads and observed a moment of silence in his memory when student leaders learned of his death; and

            Whereas, US Marine Corps Lance Corporal Foster’s remains were returned to Welch in early March 1968 where funeral services were conducted at the Welch First Baptist Church. A Marine Corps Honor Guard from Charleston conducted military graveside rites at the Woodlawn Mausoleum in Bluewell; and

            Whereas, US Marine Corps Lance Corporal Foster’s story about his journey and his eventual death in Vietnam was nationally covered; and

            Whereas, There is a road named and a monument placed in Camp Lejuene in US Marine Corps Lance Corporal Foster’s honor; and

            Whereas, It is fitting that an enduring memorial be established to commemorate US Marine Corps Lance Corporal Foster, a native son who gave the ultimate sacrifice for his state and his country, by naming the bridge on Route 52 over Tug Fork in McDowell County, bridge number 24-52-20.04 (24A129), latitude 37.41709, longitude -81.58999, locally known as the Coney Island Bridge, as the “USMC LCpl Julius C. ‘Corky’ Foster Memorial Bridge”; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name the bridge on Route 52 over Tug Fork in McDowell County, bridge number 24-52-20.04 (24A129), latitude 37.41709, longitude -81.58999, locally known as the Coney Island Bridge, as the “USMC LCpl Julius C. ‘Corky’ Foster 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 LCpl Julius C. ‘Corky’ Foster 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, Charles “Bud” Gearhart, Roy M. Ellison, Jr., Bill Archer of the Bluefield Daily Telegraph, Danny Barie and Marine Corps Veteran, Bud Facello.

            Delegates Marcum, R. Phillips, H. White, Faircloth, Reynolds, Rodighiero, J. Nelson, Moore, Eldridge, R. Smith and Ireland offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 40 - “Requesting the Division of Highways to name the Bridge No. 30A081 crossing County Route 52/26 and a creek on Musick Bottom Road in Mingo County, the ‘Ronald “Duke” Varney Memorial Bridge’.”

            Whereas, Ronald J. Varney “Duke” was born on April 15, 1950. He spent his childhood in Varney, West Virginia where he attended Red Jacket High School. At the age of seventeen he voluntarily enlisted in the United States Marine Corps where he defended his country as a corporal in the Vietnam War. In May of 1972, he married Penny White, of Lenore, West Virginia, and they had three children, Kimberly, Kelly and Michael Varney. He also had seven grandchildren, Amber Rasnake, Ronnisue Justice, McKenzie Goff, Tori Varney, Kylee Varney, Waylon Parker Varney, Kelsey Stogsdill, and one great-grandson, Noah Michael Rasnake. He passed away in February, 2004, from cancer as a result of Agent Orange. He was a very loving and dedicated father who worked hard for his family. He was a retired coal miner who lived in Mingo County for fifty- four years. Duke was a friend to so many people and never failed to help anyone in need. He is sadly missed and sweetly remembered by all who had the pleasure of knowing him; and

            Whereas, Naming the Bridge No. 30A081 crossing County Route 52/26 and a creek on Musick Bottom Road in Mingo County, the “Ronald ‘Duke’ Varney Memorial Bridge” is an appropriate recognition of his contributions to his country, state, community and Mingo County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the Bridge No. 30A081 crossing County Route 52/26 and a creek on Musick Bottom Road in Mingo County, the “Ronald ‘Duke’ Varney Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the Bridge No. 30A081 crossing County Route 52/26 and a creek on Musick Bottom Road in Mingo County, the “Ronald ‘Duke’ Varney 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 the surviving wife and children of Ronald ‘Duke’ Varney and their families.

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

            By Delegates Kurcaba, Faircloth, Wagner and Ihle:

            H. J. R. 16 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article six thereof by adding thereto a new section, designated section three-a, relating to term limitations for legislators; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary.

            By Delegates Kurcaba, Householder, McGeehan, Folk, Waxman, Fast and Ihle:

            H. J. R. 17 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section 51, article VI thereof, relating to limiting use of Revenue Shortfall Reserve Fund to balance budget; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of the proposed amendment”; to the Committee on the Finance then Judiciary.

            And,

By Delegates Reynolds, Pushkin, Perry, H. White, Hornbuckle, L. Phillips, Campbell, Byrd, Rohrbach, Pasdon and Bates:

            H. J. R. 18 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section fifty-one, article VI thereof, relating to removing the Governor’s ability to veto items or parts of items from budget or supplementary appropriations bills that are for educational purposes; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Finance then the Judiciary.

            Mr. Speaker, Mr. Armstead, and Delegate Miley offered the following resolution, which was read by the Clerk as follows:

            H. R. 8 - “Amending the rules of the House of Delegates, relating to allowing a Delegate to remove from or add his or her name to any bill or resolution introduced by request to the Clerk in writing.”

            Resolved by the House of Delegates:

            That the rules of the House of Delegates be amended by adding thereto a new rule as follows:

Removal or Addition of Name as Sponsor of a Bill or Resolution

            94b. Any Delegate whose name appears as a cosponsor of a bill or resolution may have his or her name removed as a sponsor of the bill or resolution by submitting a written request to the House Clerk not later than the day the bill or resolution is reported from its final committee: Provided, That the removal shall only be permitted if the member is not the last remaining sponsor of the bill or resolution.

            Any Delegate wishing to be added as a cosponsor of a bill or resolution shall be added by the Clerk if written request is made to the Clerk not later than the day the bill or resolution is reported from its final committee if the lead sponsor of the bill or resolution agrees in writing to the addition and if the bill has less than the maximum number of sponsors allowed by these rules.

            Nothing herein requires reprinting by the Clerk of paper copies of the bill to reflect the addition or removal of sponsors. Any such changes shall appear in electronic form only until reprinting of the bill is required by these rules.

            At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 8) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Bills Introduced

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

By Delegates Howell, Blair, Faircloth, R. Smith, Sponaugle, Overington, A. Evans, Householder, Duke, Rowan and Espinosa:

            H. B. 2581 - “A Bill to amend and reenact §22-11A-30 of the Code of West Virginia, 1931, as amended; and to amend code by adding thereto a new article, designated §22-11B-1, §22-11B-2, §22-11B-3, §22-11B-4, §22-11B-5, §22-11B-6, §22-11B-7, §22-11B-8, §22-11B-9, §22-11B-10, §22-11B-11, §22-11B-12 and §22-11B-13, all relating to the Chesapeake Bay watershed; requiring the West Virginia Department of Environmental Protection to establish a comprehensive nutrient reduction credit trading program”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Guthrie, Pushkin, Rowe, Sponaugle, Byrd and L. Phillips:

            H. B. 2582 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-43a, relating to requiring the State Board of Education to cause school buses to be equipped with safety belts, phased in over a period of five years”; to the Committee on Education then Finance.

By Delegates Ihle, Kessinger, McGeehan, Faircloth, Moffatt, Householder, Hill, Canterbury, Kurcaba, Blair and Cadle:

            H. B. 2583 - “A Bill to amend and reenact §8-13-23 of the Code of West Virginia, 1931, as amended, relating to removing the publication requirements of financial statements for municipalities, requiring municipalities to advertise availability of financial statements, and requiring municipalities to make financial statements available to the public on their websites and at their primary offices on request at no cost”; to the Committee on Political Subdivisions then Finance.

By Delegates Rohrbach, Sobonya, Shott, Miller, Hicks, Reynolds and Rowe:

            H. B. 2584 - “A Bill to amend and reenact §52-1-11 of the Code of West Virginia, 1931, as amended, relating to jury service; allowing a judge to excuse a potential juror from jury duty until a later date based on seasonal employment”; to the Committee on the Judiciary.

By Delegates Border, Anderson, Ireland, Miller, Kessinger, Zatezalo, Kelly, Cadle, R. Smith, L. Phillips and Caputo:

            H. B. 2585 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-4-9b, relating to requiring leaseholders of mineral interests to notify the owners of the minerals when there is an assignment of the lease to another party”; to the Committee on the Judiciary.

By Delegates Shott, Lane, Miller, Frich, Rowan, Fleischauer, Sobonya, Border, Pasdon, Waxman and Summers

            [By Request of the Supreme Court of Appeals]:

            H. B. 2586 - “A Bill to amend and reenact §48-27-311 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §56-3-33a, all relating to service of process; actions against nonresident persons by petitioners seeking domestic violence or personal safety relief; and authorizing the Secretary of State to receive process against nonresidents”; to the Committee on the Judiciary.

By Delegates Hicks, Eldridge, Rodighiero, Marcum, Reynolds and Perdue:

            H. B. 2587 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, relating to creating tax credits for new small businesses created in this state and operating entirely within West Virginia”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates E. Nelson, Lane, Howell, Kurcaba, O’Neal, Westfall, McCuskey, Byrd, Gearheart, Storch and Espinosa:

            H. B. 2588 - “A Bill to amend and reenact §3-8-5b of the Code of West Virginia, 1931, as amended, relating to the filing of financial statements with the Secretary of State; providing that these must be an electronic format; and providing for exceptions in the case of hardship”; to the Committee on the Judiciary.

By Delegates Ellington, Householder and Pasdon:

            H. B. 2589 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-13, relating to judicial review of decisions of the West Virginia Department of Health and Human Resources Board of Review and the Bureau of Medical Services affecting applicants, recipients or providers of state or federal assistance programs”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Howell, Zatezalo, Ihle, Foster, Cadle, Kelly, Azinger, Hill, Faircloth, Stansbury and Summers:

            H. B. 2590 - “A Bill to amend and reenact §20-2-27 and §20-2-28 of the Code of West Virginia, 1931, as amended, all relating to wildlife resources and providing that residents sixty-five years of age or older are not required to have a license to hunt, trap or fish during the legal seasons in West Virginia”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegate Weld:

            H. B. 2591 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29A-3-19, relating to implementing a quality control procedure for agency rules”; to the Committee on Government Organization then the Judiciary.

By Delegates Howell, Faircloth, Ihle, Cadle, Hill, Hamrick, Moffatt, R. Smith, Stansbury, Hartman and Morgan:

            H. B. 2592 - “A Bill to amend and reenact §5A-3-4, §5A-3-10a and §5A-3-60 the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §5A-3-14 and §5A-3-14a, all relating to improving accountability in the state purchasing system; requiring the director to develop forms to officially document activities to monitor spending unit compliance; requiring vendors to provide the director with a statement of good standing for state taxes; requiring the director to conduct an ongoing review of spending unit activity; and requiring that all change orders on existing contracts be approved by the director and the Attorney General before the effective date of the change order”; to the Committee on Government Organization then the Judiciary.

By Delegates Faircloth, McGeehan, Moffatt, Kessinger, J. Nelson, Ihle and Foster:

            H. B. 2593 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-32-1, §22-32-2 and §22-32-3, all relating to creating the Private Property Protection Act; stating legislative authority; declaring that the proposed federal regulation defining the ‘waters of the United States’ is not enforceable in the State of West Virginia; providing criminal penalties for certain violations; dedicating the Attorney General to defend citizens charged with violations of this rule”; to the Committee on the Judiciary.

By Delegates McGeehan, Canterbury, Faircloth, Hill, Kessinger and Ihle:

            H. B. 2594 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-14-2, relating to transfer of course credit among higher education institutions; requiring that all higher education institutions in the state award credit to transfer students for similar courses completed at a different institution”; to the Committee on Education.

By Delegates McGeehan and Canterbury:

            H. B. 2595 - “A Bill to amend and reenact §16-2D-2 and §16-2D-6 of the Code of West Virginia, 1931, as amended, relating to certificates of need for the development of health facilities in this state; eliminating out-of-state health care facilities or providers from the definition of ‘affected persons’ and from consideration in the state agency’s evaluation process”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Hill, Kessinger, Householder and Kurcaba:

            H. B. 2596 - “A Bill to amend and reenact §20-2-35 of the Code of West Virginia, 1931, as amended, relating to wildlife resources; and providing that all hunting and fishing licenses are valid for one year from the date issued”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates McGeehan and J. Nelson:

            H. B. 2597 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all monetary benefits derived from military retirement from personal income tax obligations”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates Campbell, Perry, Cowles, Ambler, Cooper, Reynolds, Rowan, Moye, Pasdon and Marcum:

            H. B. 2598 - “A Bill to amend and reenact §18-20-2 of the Code of West Virginia, 1931, as amended, relating to school accommodations for exceptional children; and requiring that teachers receive instruction relating to the school‛s plan of accommodations for students with disabilities”; to the Committee on Education.

By Delegates McGeehan and Wagner:

            H. B. 2599 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to personal income tax; exempting personal income earned by individuals working as teachers at primary and secondary schools from personal income tax”; to the Committee on Education then Finance.

By Delegates McGeehan, Canterbury, Ihle and J. Nelson:

            H. B. 2600 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-3-9, relating to the jury’s power to judge the just application of the law and to deliver a verdict according to conscience in a criminal proceeding; requiring a judge to instruct a jury regarding the availability of jury nullification and protecting the right of a criminal defendant to present evidence and testimony in support of jury nullification”; to the Committee on the Judiciary.

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

            H. B. 2601 - “A Bill to amend and reenact §47-11A-8 of the Code of West Virginia, 1931, as amended, relating to unfair trade practices; and adding motor fuel to the list of products exempted from unfair trade practices”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Kurcaba, Householder, Fast, Faircloth, D. Evans, Cadle, Wagner, Zatezalo and Ihle:

            H. B. 2602 - “A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as amended, relating to voting procedures; requiring a voter to present an identifying document issued by the State of West Virginia or a United States military identification card that contains the name, address and a photograph of the person desiring to vote; and criminal penalties for violations”; to the Committee on the Judiciary.

By Delegates Pushkin, Walters, Rowe, Canterbury, Folk, Stansbury, Byrd, Marcum, B. White and McCuskey:

            H. B. 2603 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22C-4-23a; and to amend and reenact §24A-2-5 of said code; all relating to allowing certain county or regional solid waste authorities in growth areas to designate common carriers of solid waste exempt from the requirement for a certificate of convenience and necessity; establishing criteria for the exemption; and establishing requirements for notice and public hearing”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Pushkin, Sponaugle, Fluharty, Hornbuckle, McGeehan, Perdue, Skinner, McCuskey, Guthrie, Moore and Fleischauer:

            H. B. 2604 - “A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to creating the Second Chance for Employment Act; allowing the expungement of certain felony convictions; setting forth the conditions; establishing a procedure; creating exceptions; and establishing its effect”; to the Committee on the Judiciary.

By Delegates Moore, L. Phillips, Hornbuckle and Shott:

            H. B. 2605 - “A Bill to amend and reenact §55-2-15 of the Code of West Virginia, 1931, as amended, relating generally to limitations on civil actions accruing to persons under legal disability; and removing the limitation on actions against the perpetrator of sexual assault or sexual abuse upon a minor”; to the Committee on the Judiciary.

By Delegates Sponaugle and Shott:

            H. B. 2606 - “A Bill to amend and reenact §61-6-1b of the Code of West Virginia, 1931, as amended, relating to clarifying the potential sentence for disorderly conduct”; to the Committee on the Judiciary.

By Delegates Sponaugle and Shott:

            H. B. 2607 - “A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, relating to the violation of interfering with emergency services communications and clarifying penalties under subdivision (n) of this section for the violation”; to the Committee on the Judiciary.

By Delegates Sponaugle and Shott:

            H. B. 2608 - “A Bill to amend and reenact §48-27-903 of the Code of West Virginia, 1931, as amended, relating to misdemeanor offenses for violation of protective order; and cleaning up redundant language”; to the Committee on the Judiciary.

By Delegates Faircloth, Blair, Folk and Householder:

            H. B. 2609 - “A Bill to amend and reenact §31-2A-2 of the Code of West Virginia, 1931, as amended, relating to prohibiting railroads from blocking crossings on privately owned streets”; to the Committee on Roads and Transportation then the Judiciary.

Daily Calendar

Third Reading

            Com. Sub. for S. B. 13, Reinstating open and obvious doctrine for premises liability; 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. 26), and there were--yeas 81, nays 18, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Byrd, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Manchin, Marcum, Miley, Moore, Pethtel, Pushkin, Rodighiero, Skinner and H. White.

            Absent and Not Voting: Boggs.

 

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 13) passed.

            An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:

            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 the liability of a 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; providing that the open and obvious doctrine of common law does not apply when a dangerous condition is a violation of a public safety statute or ordinance which violation is the proximate cause of injury; clarifying that this section does not create, recognize or ratify a claim or cause of action; and stating legislative intent.”

            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. 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; 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. 27), and there were--yeas 90, nays 9, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Azinger, Caputo, Fleischauer, Hornbuckle, Lynch, Manchin, Moore, Perry and Pushkin.

            Absent and Not Voting: Boggs.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2010) passed.

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

            H. B. 2114, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act; 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. 28), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Boggs and Trecost.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2114) passed.

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

            On this question, the yeas and nays were taken (Roll No. 29), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Boggs and Trecost.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2114) takes effect from its passage.

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

 

            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; 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. 30), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: Boggs.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2115) passed.

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

            On this question, the yeas and nays were taken (Roll No. 31), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: Boggs.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2115) takes effect from its passage.

            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. 2217, Relating to qualifications of the Commissioner of Labor; 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. 32), and there were--yeas 64, nays 35, absent and not voting 1, with the nays and absent and not voting being as follows:

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

            Absent and Not Voting: Boggs.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2217) passed.

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

Second Reading The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:

            Com. Sub. for 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,

            Com. Sub. for 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.

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. 2004, Providing a procedure for the development of a state plan under section 111 of the Clean Air Act,

            Com. Sub. for H. B. 2008, Auditing the Division of Highways,

            And,

            Com. Sub. for H. B. 2151, Making the West Virginia state teacher of the year an ex officio, nonvoting member of the West Virginia Board of Education.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegate Boggs.

Remarks by Members

            Delegate Fleischauer asked and obtained unanimous consent that she be added as a cosponsor of H. B. 2496, Adopting the Interstate Medical Licensure Compact.

            Delegate Frich filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2536.

            Numerous members addressed the House regarding Com. Sub. for S. B. 13, Reinstating open and obvious doctrine for premises liability, and the at the conclusion thereof, Delegate Howell asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

            Delegate Trecost announced that he was absent when the votes were taken on Roll Nos. 28 and 29, and that had he been present, he would have voted “Yea” thereon.

            At 1:18 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 5, 2015.