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 18, 2015

THIRTY-SIXTH 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 17, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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

Resolutions Introduced

            Delegates Kelly, Border, Espinosa, Kessinger, Butler, Sobonya, Stansbury, Hill, Azinger, Deem and Anderson offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 73 - “Requesting the Division of Highways to have made and place signs identifying the ‘Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge’ on West Virginia Route 68, over US Route 50, bridge number 54-68-14.60, on the bridge so that motorists traveling on US Route 50 are able to identify the bridge as the ‘Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge’.”

            Whereas, During the 2013 Regular Session the House of Delegates passed House Concurrent Resolution No. 62 naming the bridge the “Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge”; and

            Whereas, The Division of Highways named the bridge the “Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge” and made and placed signs on Route 68 identifying the bridge, but not on US Route 50; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to have made and place signs identifying the “Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge” on West Virginia Route 68, over US Route 50, bridge number 54-68-14.60, on the bridge so that motorists traveling on US Route 50 are able to identify the bridge as the “Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and place signs reading “Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge” on the bridge in both directions of US Route 50; 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 of Chief Petty Officer Nicholas Null.

            Mr. Speaker, Mr. Armstead, and Delegates Morgan, Romine, Miller, Sobonya, Campbell, Perry, L. Phillips, Rohrbach, Reynolds, R. Phillips, Hicks, H. White, Hornbuckle, Perdue, Ashley, Anderson, B. White and Arvon offered the following resolution, which was read by the Clerk as follows:

            H. R. 12 - “Recognizing and honoring Stephen J. Kopp, Ph.D., President of Marshall University.”

            Whereas, Stephen J. Kopp, Ph.D., became Marshall University’s 36th President on July 1, 2005; and

            Whereas, Dr. Kopp, during his nine and one-half years as president, led Marshall to unprecedented growth and expansion; and

            Whereas, Under Dr. Kopp’s guidance, more than $300 million was wisely spent on construction of new buildings and renovations on Marshall University campuses; and

            Whereas, The undergraduate engineering degree, under Dr. Kopp’s leadership, returned to Marshall after a more than 30-year absence, when the Board of Governors approved the Bachelor of Science in Engineering degree program; and

            Whereas, President Kopp’s accomplishments are well documented, but, to name a few, in addition to reviving the engineering program, Marshall University built the much-needed and long-promised Marshall Recreation Center, new freshman dorms, a new parking garage, the Rural Health and Clinical Education Center in Chapmanville, the Indoor Athletic Facility and the Chris Cline Athletic Complex, the Edwards Comprehensive Cancer Center, the Robert C. Byrd Biotechnology Science Center, the Erma Ora Byrd Clinical Center, the Veterans Memorial Soccer Complex, the Visual Arts Center and the Marshall University Foundation Hall; and

            Whereas, Dr. Kopp kept his word by fulfilling the promise of a better future for Marshall’s students, while challenging each of us to “dream boldly, plan well, and dedicate ourselves individually and collectively to fulfilling this promise”; and

            Whereas, Dr. Kopp and his wife, Jane Kopp, both of whom fell in love with not only Marshall University, but also the Marshall and Huntington communities, were named Citizens of the Year in 2011 by The Herald-Dispatch, an honor richly deserved; and

            Whereas, Dr. Kopp died suddenly on December 17, 2014, leaving a huge void at not only Marshall University but the state as a whole as well, and it is fitting that we celebrate his life and legacy, and his university that he worked so hard to make so great on a special day at the Capitol; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby designates February 18, 2015, as “Marshall University Day at the Capitol”; and, be it

            Further Resolved, That the House of Delegates hereby recognizes the late Marshall University President Dr. Stephen J. Kopp for his incredible contributions to Marshall University, where he served from July 1, 2005, to December 17, 2014; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Dr. Kopp’s widow, Jane Kopp, and Gary White, Interim President of Marshall University.

            At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 12) to a committee was dispensed with, and it was taken up for immediate consideration.

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

            The yeas and nays having been ordered, they were taken (Roll No. 97), 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: Fleischauer and McCuskey

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 12) adopted.

Committee Reports

            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. 2714, Altering the method of determining when the Department of Agriculture must deposit into the General Revenue Fund funds it collects,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2714) was referred to the Committee on Finance.

            Delegate Hamilton, 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. 2515, Relating to elk restoration,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2515) was referred to the Committee on Finance.

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

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

            H. B. 2657, Allowing members of the Livestock Care Standards Board to be reimbursed for expenses consistent with the West Virginia Department of Agriculture Travel Policy and Procedure,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2657) was referred to the Committee on Finance.

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

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

            H. B. 2658, Relating to the inspection and slaughter of nontraditional agriculture,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2658) was referred to the Committee on Health and Human Resources.

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

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the day 17th of February, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

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

            And,

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

            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. 2554, Relating to protection of utility workers from crimes against the person,

            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. 2554) 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 on Energy has had under consideration:

            H. B. 2627, Providing protection against property crimes committed against coal mines, utilities and other industrial 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. 2627) 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. 2727, Exempting certain health care professionals from licensure requirements while performing charity care,

            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. 2727) 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:

            Com. Sub. for S. B. 60, Requiring food handler examinations and cards,

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

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 60) was referred to the Committee on Government Organization.

            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:

            Com. Sub. for S. B. 175, Authorizing DHHR promulgate legislative rules,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.

            In the absence of objection, reference of the bill (Com. Sub. for S. B. 175) to the Committee on Government Organization was abrogated.

            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. 2466, Exempting valid nonprofit organizations from licensing requirements of the West Virginia Alcoholic Beverage Control Authority during certain events,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2466) was referred to the Committee on Finance.

Messages from the Senate

            A message from the Senate, by

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

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

            A message from the Senate, by

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

            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.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on, and the passage, as amended by said report, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

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

Conference Committee Report

            Delegate Shott, from the Committee of Conference on matters of disagreement between the two houses, as to

            Com. Sub. for S. B. 13, Restoring the open and obvious doctrine of premises liability,

            Submitted the following report, which was received:

            Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Committee Substitute for Senate Bill No. 13 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

            That both houses recede from their respective positions as to the amendment of the House on page two, section seven, line seven.

            That both houses agree to an amendment as follows:

            On pages two and three, section seven, by striking out all of subsection (c) and agreeing to the same as follows:

            (c) It is the intent and policy of the Legislature that this section reinstates and codifies the open and obvious hazard doctrine in actions seeking to assert liability against an owner, lessee or other lawful occupant of real property to its status prior to the decision of the West Virginia Supreme Court of Appeals in the matter of Hersh v. E-T Enterprises, Limited Partnership, 232 W. Va. 305 (2013). In its application of the doctrine, the court as a matter of law shall appropriately apply the doctrine considering the nature and severity, or lack thereof, of violations of any statute relating to a cause of action.

            And,

            That both houses recede from their respective positions as to the title of the bill and agree to a new title 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 the open and obvious doctrine of common law as it existed prior to judicial abolition; clarifying that this section does not create, recognize or ratify claim or cause of action; stating legislative intent; and providing for judicial application.”

Respectfully submitted,

            Charles S. Trump, IV,                                    John H. Shott,

            Mitch Carmichael,                                          Roger Hanshaw,

            Corey Palumbo,                                              Larry Rowe,

                 Conferees on the part of                              Conferees on the part of

                        the Senate.                                           the House of Delegates.

            On motion of Delegate Shott, the report of the Committee of Conference was adopted.

            The bill, as amended by said report, was then put upon its passage.

            The yeas and nays having been ordered, they were taken (Roll No. 98), and there were--yeas 82, nays 17, 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, Pushkin, Rodighiero, Skinner and H. White.

            Absent and Not Voting: McCuskey.

             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.

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

            On this question, the yeas and nays were taken (Roll No. 99), and there were--yeas 88, nays 11, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Manchin, Miley, Moore, Pushkin, Rodighiero and Skinner.

            Absent and Not Voting: McCuskey.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 13) takes effect from its passage.

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

Messages from the Senate

            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. 274 - “A Bill to amend and reenact §9-9-11 of the Code of West Virginia, 1931, as amended, relating to Temporary Assistance for Needy Families program; directing Secretary of Department of Health and Human Resources promulgate emergency and legislative rules setting forth schedule of sanctions; identifying certain factors and goals that secretary is to consider when setting schedule of sanctions; directing secretary promulgate legislative rules governing what constitutes de minimis violations and those violations subject to sanctions and maximum penalties; setting forth reporting requirement to Legislative Oversight Commission on Health and Human Resources Accountability regarding sanctions; and providing copies of reports be provided to President of the Senate and Speaker of the House”; which was referred to the Committee on the Judiciary.

             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. 382 - “A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 429 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-16-11b; and to amend and reenact §60-8-3 of said code, all relating to creating a one-day special license for charitable events to sell nonintoxicating beer and wine”; which was referred to the Committee on the Judiciary then Finance.

            At the request of Delegate Cowles, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of further consideration of a committee report.

Committee Reports

            At the request of Delegate Cowles, and by unanimous consent, Com. Sub. for S. B. 175, Authorizing DHHR promulgate legislative rules, was referred to the Committee on the Judiciary.

Motions

            Delegate Miley filed a written motion that H. B. 2675 be transferred from the House Calendar to the Special Calendar.

            Delegate Miley also filed a written motion calling for the previous question to the foregoing motion.

            The Speaker inquired if the motion for the previous question was sustained, and a requisite number of members having raised their hands, the Speaker stated, “Shall the question be now put?”

            On this question, Delegate Miley demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 100), and there were--yeas 34, nays 65, absent and not voting 1, with the yeas and absent and not voting being as follows:

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

            Absent and Not Voting: McCuskey.

             So, a majority of the members present and voting not having voted in the affirmative, the motion did not prevail.

            The question before the House now being the motion that H. B. 2675 be transferred from the House Calendar to the Special Calendar, Delegate Miley demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 101), and there were--yeas 33, nays 66, absent and not voting 1, with the yeas and absent and not voting being as follows:

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

            Absent and Not Voting: McCuskey.

             So, a majority of the members elected to the House not having voted in the affirmative, the motion did not prevail.

Bills Introduced

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

By Mr. Speaker, Mr. Armstead:

            H. B. 2796 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-15b, relating to providing that certain state employees may be granted a leave of absence with pay while providing assistance as an essential member of an emergency aid provider during a declared state of emergency”; to the Committee on the Judiciary.

By Delegates Campbell, Perry, Moye, Fleischauer, Bates, Guthrie, Ellington, Householder, Ashley and P. Smith:

            H. B. 2797 - “A Bill to amend and reenact §17A-3-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-20-1a of said code; to amend and reenact §28-1-2 of said code; and to amend and reenact §28-5-31 of said code, all relating to changing the term ‘mentally retarded’ to ‘intellectually disabled’; and changing the term ‘handicapped’ to ‘disabled’”; to the Committee on Health and Human Resources.

By Delegates Miller, E. Nelson, Sobonya, Border and Folk:

            H. B. 2798 - “A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as amended, relating to voting procedures; and requiring a voter to present an identifying document which contains the name, address and a photograph of that person; and providing that if a voter is unable to produce that document he or she may cast a provisional ballot”; to the Committee on the Judiciary then Finance.

By Delegates Miller, Sobonya, Border, Rohrbach, Folk and Eldridge:

            H. B. 2799 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7d, relating to requiring all high schools to teach fetal development; and stating that the requirement may not be construed as approving abortion”; to the Committee on Education then the Judiciary.

By Delegates Miller, Ferro, Sobonya, Border, Rohrbach, Folk and Eldridge:

            H. B. 2800 - “A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to adding law-enforcement officers’ contact information and names of family members to the list of exemptions from public records requests”; to the Committee on the Judiciary.

By Delegates Rowe, Pushkin, Lynch, Guthrie and Byrd:

            H. B. 2801 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3pp; and to amend said code by adding thereto a new section, designated §8-12-16d, all relating to permitting county commissions and municipalities to designate areas of special interest which will not affect the use of property in those areas; and setting forth their additional powers and responsibilities”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Folk, Howell, McGeehan, Faircloth, Rowe and Reynolds:

            H. B. 2802 - “A Bill to amend and reenact §16-13A-9 of the Code of West Virginia, 1931, as amended, relating to public sewage services; requiring that individuals receiving public sewage services who do not also receive public water services are charged based on the mean or median of monthly water consumption in their customer class, whichever is lower”; to the Committee on the Judiciary.

By Delegates Espinosa, Skinner, Caputo, Ferro, Manchin, Westfall, Upson, Miller, Pasdon and E. Nelson:

            H. B. 2803 - “A Bill to amend and reenact §60-4-3a and §60-4-3b of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-7-11 of said code, all relating to the sale of alcohol by licensed manufacturers; authorizing licensed wineries, farm wineries, distilleries and mini-distilleries to make retail sales of wine and alcoholic liquors manufactured by the winery, farm-winery, distillery or mini-distillery for consumption off the premises on Sundays, beginning at ten thirty a.m.; authorizing licensed wineries, farm wineries, distilleries and mini-distilleries to offer complimentary samples for consumption on the premises on Sundays, beginning at ten thirty a.m.; and authorizing mini-distilleries which manufacture less than fifty thousand gallons of alcoholic liquor per year to seek and hold a separate license to operate a private club on the premises of the distillery or mini-distillery”; to the Committee on the Judiciary.

By Delegates Espinosa, Manchin, Skinner, Miller, Caputo, Longstreth, Ferro, Campbell, Westfall, Hartman and Upson:

            H. B. 2804 - “A Bill to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-8-34 of said code, all relating to the sale of alcoholic beverages on Sundays by private licensees; authorizing licensed private clubs to sell nonintoxicating beer, wine and alcoholic liquors between the hours of ten thirty a.m. and one p.m. on Sundays; and authorizing a licensed private bed and breakfast, private wine restaurant or private wine spa to sell wine for consumption on the licensed premises between the hours of ten thirty a.m. and one p.m. on Sundays”; to the Committee on the Judiciary.

By Delegates Eldridge, Hamilton, Rodighiero, Canterbury, H. White, Williams, Trecost, Perry, Moye and Campbell:

            H. B. 2805 - “A Bill to amend and reenact §49-5-16 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Juvenile Services to transfer to a correctional facility any juvenile in its custody whose sentence runs beyond his or her eighteenth birthday”; to the Committee on the Judiciary.

By Delegates Householder, Ellington, Arvon, Cooper, Gearheart, Hill, Kurcaba, Rohrbach, Stansbury, Summers and Westfall:

            H. B. 2806 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-12A-1, §15-12A-2 and §15-12A-3, all relating to establishing a registry; requiring that certain persons be added to registry; requiring certain drug products be obtained by prescription only; preventing certain registered persons from obtaining drug products”; to the Committee on Health and Human Resources.

By Delegates Eldridge, Williams, Skinner, Butler, Marcum and Perdue:

            H. B. 2807 - “A Bill to amend and reenact §19-12E-5 of the Code of West Virginia, 1931, as amended, relating to expanding the list of persons the Commissioner of Agriculture may license to grow or cultivate industrial hemp”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Overington, Hamrick, Waxman, Shott, Pasdon, McCuskey, Hicks, Gearheart, Miley, D. Evans and E. Nelson:

            H. B. 2808 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §1-2-2c, relating to election of members of the House of Delegates in districts having more than one delegate; and providing that the delegates be elected from numbered divisions”; to the Committee on Government Organization.

By Delegates Storch, Ferro, H. White, R. Phillips, Householder, Anderson, Walters, Bates, Boggs and Westfall:

            H. B. 2809 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22B-1108a, relating to creating a preference for certain limited video lottery current permit holders in bid process”; to the Committee on the Judiciary then Finance.

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

            H. B. 2810 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-18-28, relating to implementing the West Virginia Property Rescue Initiative to reduce the number of properties posing a threat to public health and safety and the vitality of neighborhoods and communities throughout the state”; to the Committee on the Judiciary then Finance.

By Delegates Westfall and McCuskey:

            H. B. 2811 - “A Bill to amend and reenact §33-20F-4 of the Code of West Virginia, 1931, as amended, relating to deleting obsolete provisions regarding the Physicians' Mutual Insurance Company; and providing that the company need not be organized as a nonprofit corporation if the company remains a domestic mutual insurance company owned by its policyholders”; to the Committee on Banking and Insurance then Finance.

By Delegates Canterbury and O’Neal:

            H. B. 2812 - “A Bill to amend and reenact §20-7-1 of the Code of West Virginia, 1931, as amended, relating to certain subsistence allowance considered compensation for purposes of calculating pension benefits for natural resources police officers”; to the Committee on Pensions and Retirement then Finance.

Special Calendar

Third Reading

            S. B. 262, Transferring CHIP and Children’s Health Insurance Agency from Department of Administration to DHHR; 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. 102), and there were--yeas 62, nays 37, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Anderson, Byrd, Cadle, Canterbury, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Hicks, Hill, Hornbuckle, Kelly, Lane, Longstreth, Lynch, Manchin, Miley, Morgan, Moye, Perdue, Perry, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Storch, Trecost, Wagner, Walters and Weld.

            Absent and Not Voting: McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 262) passed.

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

            Com. Sub. for H. B. 2391, Reducing early childhood education program requirements from five days per week to four days per week and imposing minimum instructional hours per week and minimum instructional days per year; 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. 103), 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: McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2391) 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. 2523, Creating a special revenue account to offset costs for the West Virginia State Police 100th Anniversary in 2019; 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. 104), 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: McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2523) passed.

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

            Com. Sub. for H. B. 2527, Creating a Task Force on Prevention of Sexual Abuse of Children; “Erin Merryn’s Law”; 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. 105), 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: McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2527) 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. 2776, Relating to prescribing hydrocodone combination drugs for a duration of no more than three days; 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. 106), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Marcum, Pushkin and Reynolds.

            Absent and Not Voting: McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2776) 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. 2777, Relating to licensing of barbers, cosmetologists, and hairstylists, and revising the membership requirements of the Board of Barbers and Cosmetologists; 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. 107), and there were--yeas 99, nays 0, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2777) passed.

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

            H. B. 2777- “A Bill to amend the Code of West Virginia, 1931, as amended, by repealing §30-27-11a and §30-27-12; to amend and reenact §30-27-1, §30-27-3, §30-27-4, §30-27-5, §30-27-6, §30-27-8, §30-27-8a, §30-27-10, §30-27-11, §30-27-13 and §30-27-16 of the code; and to amend said code by adding thereto two new sections, designated §30-27-8b and §30-27-8c, all relating to licensing of aestheticians, barbers, cosmetologists, hairstylists and nail technicians; revising the membership requirements of the Board of Barbers and Cosmetologists; exempting shampoo assistants and hair braiding from licensure by the Board of Barbers and Cosmetologists; creating certifications; modifying barber apprentice program; limiting continuing education requirements for barbers and cosmetologists; and modifying the requirements to be an instructor in a school.”

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

Second ReadingCom. Sub. for H. B. 2098, Authorizing those health care professionals to provide services to patients or residents of state-run veterans’ facilities without obtaining an authorization to practice; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Delegate Deem arose to a point of inquiry to request that Rules Committee action to move bills between the House and Special Calendar be announced on the Floor of the House.

            The Speaker stated the point was well taken, and the Majority Leader can announce future changes.

            Com. Sub. for H. B. 2099, Extending the time of meetings of local levying bodies when meetings are delayed; on second reading, coming up in regular order, was read a second time.

            On motion of Delegates Rowe, Lynch and Shott the bill was amended on page two, line nine, by striking out all of section (c), and inserting in lieu thereof, the following:

            “(c) The State Auditor shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement the purposes of this subsection. The proposed rules shall include a procedure for a local levying body to apply for permission to extend the time to meet as a levying body, requiring the local levying body to cite the reason a timely meeting was not held and that the meeting, if approved by the State Auditor, be held in compliance with article nine-a, chapter six of this code relating to open governmental proceedings at a time set by the State Auditor.

            (1) The State Auditor shall require all levying bodies to file a report of their meetings as required in this article with the State Auditor on or before the first day of April.

            (2) The State Auditor shall notify any levying body, which has not filed a report of their meetings to the State Auditor by the first day of April, that the levying body must meet and file a report of that meeting no later than the fifteenth day of April.

            (3) For any meeting after the fifteenth day of April, the State Auditor, may allow a late meeting and late report on or before the first day of May, if the State Auditor finds good cause to so allow a meeting and report to be filed after the fifteenth day of April and not later than the first day of May.”

            The bill was then ordered to engrossment and third reading.

            H. B. 2100, Caregiver Advise, Record and Enable Act; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page two, line one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 5X. CAREGIVER ADVISE, RECORD AND ENABLE ACT.

§16-5X-1. Definitions.

            For purpose of this article:

            (1) ‘Aftercare’ means any assistance provided by a designated lay caregiver to an individual under this article after the patient’s discharge from a hospital. Assistance may include tasks that are limited to the patient’s condition at the time of discharge that do not require a licensed professional;

            (2) ‘Discharge’ means a patient’s exit or release from a hospital to the patient’s residence following an inpatient stay;

            (3) ‘Hospital’ means a facility licensed pursuant to article five-b, chapter sixteen of this code and any acute care facility operated by state government;

            (4) ‘Lay caregiver’ means any individual eighteen years of age or older designated as a lay caregiver pursuant to the provisions of this article who provides aftercare assistance to a patient in the patient's residence; and

            (5) ‘Residence’ means a dwelling considered by a patient to be his or her home, not including a hospital or, a nursing home or group home, as defined by section two, article five-c, chapter sixteen of this code.

§16-5X-2. Caregiver designation.

            (a) (1) A hospital shall provide a patient or the patient’s legal guardian with an opportunity to designate one lay caregiver following the patient’s admission into a hospital.

            (2) If the patient is unconscious or otherwise incapacitated upon admission to the hospital, the hospital shall provide the patient’s legal guardian with an opportunity to designate a lay caregiver following the patient’s recovery of consciousness or capacity, so long as the designation or lack of a designation does not interfere with, delay or otherwise affect the medical care provided to the patient.

            (3) If the patient or the patient’s legal guardian declines to designate a lay caregiver under this article, the hospital shall promptly document that in the patient’s medical record, and the hospital is considered to have complied with the provisions of this article.

            (4) If the patient or the patient’s legal guardian designates an individual as a lay caregiver under this article, the hospital shall promptly request the written consent of the patient or the patient’s legal guardian to release medical information to the patient’s designated lay caregiver pursuant to the hospital’s established procedures for releasing personal health information and in compliance with applicable state and federal law.

            (5) If the patient or the patient’s legal guardian declines to consent to the release of medical information to the patient’s designated lay caregiver, the hospital shall promptly document that in the patient’s medical record, and the hospital is considered to have complied with the provisions of this article.

            (6) The hospital shall record the patient’s designation of a lay caregiver, the relationship of the lay caregiver to the patient, and the name and contact information of the patient’s designated lay caregiver in the patient’s medical record.

            (b) A patient may elect to change his or her designated lay caregiver in the event that the originally designated lay caregiver becomes unavailable, unwilling or unable to care for the patient.

            (c) Designation of a lay caregiver by a patient or a patient’s legal guardian pursuant to the provisions of this article does not obligate any individual to perform any aftercare tasks for the patient.

            (d) This article does not require a patient or a patient’s legal guardian to designate any individual as a lay caregiver as defined by this article.

§16-5X-3. Notification.

            If a patient has designated a lay caregiver, a hospital shall notify the patient’s designated lay caregiver of the patient’s discharge to the patient’s residence as soon as possible. If the hospital is unable to contact the designated lay caregiver, the lack of contact may not interfere with, delay or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient. The hospital shall promptly document that in the patient’s medical record, and the hospital is considered to have complied with the provisions of this section.

§16-5X-4. Discharge.

            (a) As soon as possible and, in any event, upon issuance of a discharge order by the patient’s attending physician, the hospital shall consult with the designated lay caregiver along with the patient regarding the lay caregiver’s capabilities and limitations and issue a discharge plan that describes a patient’s after-care needs at his or her residence. At minimum, a discharge plan shall include:

            (1) The name and contact information of the lay caregiver designated under this article;

            (2) A description of all after-care tasks necessary to maintain the patient’s ability to reside at home, taking into account the capabilities and limitations of the lay caregiver; and

            (3) Contact information for any health care, community resources and long-term services and supports necessary to successfully carry out the patient’s discharge plan.

            (b) The hospital issuing the discharge plan shall provide the lay caregiver with instruction in all after-care tasks described in the discharge plan. At minimum, the instruction shall include:

            (1) Education and instruction of the lay caregiver by a hospital employee or individual with whom the hospital has a contractual relationship authorized to perform the after care task in a manner that is consistent with current accepted practices and is based on an assessment of the lay caregiver’s learning needs;

            (2) An opportunity for the lay caregiver and patient to ask questions about the after-care tasks; and

            (3) Answers to the lay caregiver’s and patient’s questions provided in a competent manner and in accordance with the hospital’s requirements to provide language access services under state and federal law.

            (c) Any instruction required under this article shall be documented in the patient’s medical record, including, at minimum, the date, time, and contents of the instruction.

§16-5X-5. Exceptions and immunity.

            (a) This article may not be construed to interfere with the rights of a person legally authorized to make health care decisions as provided in article thirty, chapter sixteen of this code.

            (b) A hospital, hospital employee, or a duly authorized agent of the hospital who acts pursuant to this article is immune from liability for any civil action arising out of an act or omission resulting from his or her actions unless the act or omission was the result of gross negligence or willful misconduct.

§16-5X-6. Funding.

            State or federal dollars may not be used for payment to any lay caregiver as defined in this article after discharge from a hospital. No state or federal program funding shall be impacted by this article.

 

            The bill was then ordered to engrossment and third reading.

            H. B. 2535, Relating generally to suicide prevention training; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page three, by striking out everything after the enacting clause and inserting in lieu thereof the following:

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-2-40; that said code be amended by adding thereto a new section, designated §18B-1B-7; that said code be amended by adding thereto a new article, designated §27-6-1; all to read as follows:

CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-40. Suicide prevention awareness training; dissemination of information.

            On or before September 1, 2015 and each year thereafter, a public middle and high school administrator shall disseminate and provide opportunities to discuss suicide prevention awareness information to all middle and high school students. The information may be obtained from the Bureau for Behavioral Health and Health Facilities or from a commercially developed suicide prevention training program approved by the State Board of Education in consultation with the bureau to assure the accuracy and appropriateness of the information.

CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.

§18B-1B-7. Student mental health policies; suicide prevention.

            (a) Each public and private institution of higher education shall develop and implement a policy to advise students and staff on suicide prevention programs available on and off campus that includes, but is not limited to:

            (1) Crisis intervention access, which includes information for national, state and local suicide prevention hotlines;

            (2) Mental health program access, which provides information on the availability of local mental health clinics, student health services and counseling services;

            (3) Multimedia application access, which includes crisis hotline contact information, suicide warning signs, resources offered and free-of-cost applications;

            (4) Student communication plans, which consist of creating outreach plans regarding educational and outreach activities on suicide prevention; and

            (5) Post intervention plans which include creating a strategic plan to communicate effectively with students, staff and parents after the loss of a student to suicide.

            (b) Each public and private institution of higher education shall provide all incoming students with information about depression and suicide prevention resources available to students. The information provided to students shall include available mental health services and other support services, including student-run organizations for individuals at risk of or affected by suicide.

            (c) The information prescribed by subsection (a), subdivisions (1) through (4) of this section shall be posted on the website of each institution of higher education in this state.

            (d) Any applicable free-of-cost prevention materials or programs shall be posted on the websites of the public and private institutions of higher education, the Higher Education Policy Commission, and the West Virginia Council for Community and Technical College Education.

CHAPTER 27. MENTALLY ILL PERSONS.

ARTICLE 6. SUICIDE PREVENTION AND AWARENESS.

§27-6-1. Dissemination of information.

            (a) The Bureau for Behavioral Health and Health Facilities shall, on or before August 1, 2015, post on its website suicide prevention awareness information, to include recognizing the warning signs of a suicide crisis. The website shall include information related to suicide prevention training opportunities offered by the bureau or an agency recognized by the bureau as a training provider.

            (b) The bureau may assist the public middle and high school administrators in providing suicide prevention information to students in the public middle and high schools.

            (c) The bureau shall annually review, for adequacy and completeness, the materials or programs posted on the websites of the institutions of higher education as required by section seven, article one-b, chapter eighteen-b of this code.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2586, Allowing for an alternative form of service of process in actions against nonresident persons by petitioners seeking domestic violence or personal safety relief; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2607, Relating to the violation of interfering with emergency services communications and clarifying penalties; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            Com. Sub. for S. B. 255, Eliminating certain boards, councils, committees, panels, task forces and commissions,

            H. B. 2461, Relating to delinquency proceedings of insurers,

            H. B. 2492, Repealing the requirement that an entity charging admission to view certain closed circuit telecast or subscription television events needs to obtain a permit from the State Athletic Commission,

            H. B. 2625, Continuing the current hazardous waste management fee,

            Com. Sub. for H. B. 2702, Redefining service personnel class titles of early childhood classroom assistant teacher,

            And,

            H. B. 2726, Clarifying choice of laws issues in product’s liability actions.

Leaves of Absence

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

            At 12:49 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 6:00 p.m..                                                               * * * * *

Evening Session

* * * * *

            At the request of Delegate Cowles, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

Committee Reports

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

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 2189, Permitting counties to adopt certain ordinances relating to dogs and cats,

            And,

            H. B. 2524, Changing the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2189 and H. B. 2524) were each referred to the Committee on the Judiciary.

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

            Your Committee on Government Organization has had under consideration:

 

            H. B. 2432, Relating to the licensure requirements to practice pharmacist care,

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

            Com. Sub. for H. B. 2432 - “A Bill to amend and reenact §30-5-9 of the Code of West Virginia,1931, as amended, relating to the licensure requirements to practice pharmacist care.”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2272, Relating to the authority of the Board of Pharmacy,

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

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

            Your Committee on Government Organization has had under consideration:

            Com. Sub. for S. B. 378, Relicensing electricians without retesting under certain circumstances,

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

            Delegate Evans, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans Affairs’ and Homeland Security has had under consideration:

            H. B. 2118, Relating to school nutrition standards during a state of emergency or state of preparedness,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2118) was referred to the Committee on Education.

            Delegate Nelson, Chair of the Committee on Veteran’s Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

            H. B. 2179, Providing a discount on state campground rentals for veterans,

            And,

            H. B. 2597, Exempting all monetary benefits derived from military retirement from personal income tax obligations,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2179 and H. B. 2597) were each referred to the Committee on Finance.

            Mr. Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following report, which was received:

            Your Committee on Rules has had under consideration:

            Com. Sub. for H. C. R. 20, The Virginia and U.S. Army Major Woodrow Cook Memorial Road,

            H. C. R. 30, The Baisden Family Memorial Bridge,

            Com. Sub. for HCR 36, The US Army SPC David H. Stamper Memorial Bridge,

            H. C. R. 37, The US Army PV2 Eskridge A. Waggoner Memorial Bridge,

            H. C. R. 38, The Captain John Bond and the West Virginia State Troopers Memorial Bridge

            H. C. R. 46, The U.S. Army SSG James C. Vickers and U.S. Marine Corps PFC Randall Carl Phelps Memorial Bridge,

            With recommendation that they each do be adopted.

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

            Your Committee on Finance has had under consideration:

            S.B. 298, Clarifying funds within Public Employees Retirement Fund,

            S.B. 302, Relating to state retirement plans,

            H. B. 2545, Relating to reimbursement of certification fee for National Board for Professional Teaching Standards certification,

            H. B. 2626, Relating to use of the Abandoned Land Reclamation Fund,

            And,

            H. B. 2663, Creating the Rehabilitation Services Vending Program Fund,

            And reports the same back with the recommendation that they each do pass.

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

            Your Committee on Finance has had under consideration:

            S. B. 299, Clarifying start date of State Police duty-related disability payments,

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

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

            Your Committee on the Judiciary has had under consideration:

    H. B. 2054, Relating to the right of the landlord of commercial premises to terminate the lease under certain circumstances,

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

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

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 18th day of February, 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:

            (H. B. 2201), Requiring the Public Service Commission to adopt certain net metering and

interconnection rules and standards.

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

            Your Committee on Finance has had under consideration:

            H. B. 2139, Relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes,

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

            Com. Sub. for H. B. 2139 - “A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes; requiring days of retirement before instructional term employed as substitute; requiring electronic posting of vacancy; requiring preemployment submission of information to, and verification of compliance by, state board prior to submission to retirement board; resetting expiration date of provisions; and making other technical improvements,”

            H. B. 2187, Encouraging public officials to display the national motto on all public property and public buildings,

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

            Com. Sub. for H. B. 2187 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-17, relating to patriotic displays at public buildings; allowing for the national motto, ‘In God We Trust’, to be displayed on public buildings; allowing for the display of the POW-MIA flag at public buildings; and requiring the State Building Commission to develop guidelines for appropriate display of the motto and flag,”

            H. B. 2505, Relating to retirement system participation and concurrent employment provisions,

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

            Com. Sub. for H. B. 2505 - “A Bill to amend and reenact §5-10-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14D-5 of said code; to amend and reenact §8-22A-6 of said code; to amend and reenact §15-2A-3 of said code; to amend and reenact §16-5V-6 of said code; and to amend and reenact §18-7A-13 of said code, all relating to retirement system participation; clarifying that police officers and firefighters hired after a certain date are members of the West Virginia Municipal Police and Firefighters Retirement System; clarifying that members first employed in covered employment in the West Virginia Deputy Sheriffs Retirement System, West Virginia Municipal Police Officers and Firefighters Retirement System or the West Virginia Emergency Medical Services Retirement System shall participate in only one retirement system administered by the Consolidated Public Retirement Board in which the member has the earliest date of hire; and specifying that members of the Public Employees Retirement System, the State Police Retirement System and the Teachers’ Retirement System who are employed in an additional job that requires membership in the West Virginia Deputy Sheriff Retirement System, the West Virginia Municipal Police Officers and Firefighters Retirement System or the West Virginia Emergency Medical Services Retirement System shall abide by the concurrent employment provisions of said system and participate in only one system administered by the Consolidated Public Retirement Board,”

            H. B. 2507, Relating to membership provisions in the West Virginia Municipal Police and Firefighters Retirement System,

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

            Com. Sub. for H. B. 2507 – “A Bill to amend and reenact §8-22A-2 and §8-22A-6 of the Code of West Virginia, 1931, as amended, all relating to membership provisions in the West Virginia Municipal Police and Firefighters Retirement System,”

            And,

            H. B. 2562, Relating to sales tax increment financing,

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

            Com. Sub. for 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, shall change the base tax revenue amount as recalculated; 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,”

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on Finance has had under consideration:

            H. B. 2770, Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Human Services,

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

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

            Your Committee on Finance has had under consideration:

            H. B. 2291, Enterprise Resource Planning Board to promulgate a legislative rule relating to the enterprise resource planning system user fee,

            And,

            H. B. 2357, Secretary of State, relating to a schedule of fees for notaries public,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2291 and H. B. 2357) were each referred to the Committee on the Judiciary.

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

            Your Committee on Education has had under consideration: 

            H. B. 2140, Building governance and leadership capacity of county board during period of state intervention,

            And,

            H. B. 2632, Exempting the procurement of certain instructional materials for use in and in support of public schools from the division of purchasing requirements,

            And reports the same back with the recommendation that they each do pass, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.

            In the absence of objection, reference of the bills (H. B. 2140 and H. B. 2632) to the Committee on Finance was abrogated.

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

            Your Committee on Education has had under consideration:

            H. B. 2598, Ensuring that teachers of students with disabilities receive complete information about the school’s plan for accommodating the child’s disabilities,

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

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

            Your Committee on Education has had under consideration: 

            H. B. 2669, Relating to compulsory tuberculosis testing,

            And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Health and Human Resources be dispensed with.

            In the absence of objection, reference of the bill (H. B. 2669) to the Committee on Health and Human Resources was abrogated.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 

            Com. Sub. for S. B. 277 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5-20a, relating to a certificate of birth resulting in stillbirth”; which was referred to the Committee on the Judiciary.

            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. 286 - “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 affidavit; providing that affidavit be provided before exemption applies; allowing removal of students who are not immunized from school in times of emergency or epidemic; granting legislative rule-making authority to the Secretary of 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 process for reviewing 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”; which was referred to the Committee on Health and Human Resources then the Judiciary.

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

Resolutions Introduced

            Delegates McCuskey and Shott offered the following resolution, which was read by the Clerk as follows:

            H. C. R. 74 - “Extending the Committee of Conference relating to consideration of Com. Sub. for H. B. 2002, Predicating actions for damages upon principles of comparative fault.”

            Resolved by the Legislature of West Virginia:

            That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the Committee of Conference is hereby extended for a period of three days for the express purpose of consideration of matters of disagreement between the two houses as to Com. Sub. for H. B. 2002.

            At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. C. R. 74) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

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

Miscellaneous Business

            Delegate Frich filed forms with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2626 and H. B. 2663.

            Delegate Ihle filed forms with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2021 and H. B. 2116.

            Delegate Pasdon filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2496.

            Delegate Zatezalo filed a written notice with the Clerk’s Office that he was absent when the votes were taken on Roll Nos. 84 and 85, and that had he been present, he would have voted “Yea” thereon.

            At 6:20 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 19, 2015.