Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________

 

 

 

Friday, February 20, 2015

THIRTY-EIGHTH DAY

[Mr. Speaker, Mr. Armstead, in the Chair]

 

 

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Thursday, February 19, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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

Resolutions Introduced

            Delegates Weld, Lane and Lynch offered the following resolution, which was read by the Clerk as follows:

            H. C. R. 82 - “Extending the Committee of Conference relating to consideration of Com. Sub. for H. B. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility.”

            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. 2025.

            At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. C. R. 82) 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.

Committee Reports

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

            Your House Committee on Enrolled Bills has examined, found truly enrolled and, on the 19th day 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. 2200), Revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare.

            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. 2722, Requiring oil and gas lessees to make royalty payments within one hundred twenty days of production,

             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. 2722) was referred to the Committee on Finance.

            On motion for leave, a bill was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Stansbury, Rohrbach, Householder, R. Phillips, Arvon, Howell, Moffatt, Shott, Ellington, E. Nelson and Campbell:

            H. B. 2880 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-15-14 relating to creating an addiction treatment pilot program.”

            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. 2631, Alcohol and Drug Overdose Prevention and Clemency Act,

            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. 2631) 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. 2021, Implementing drug testing for recipients of federal-state and state assistance,

            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. 2021) was referred to the Committee on Finance.

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

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

            H. B. 2741, Uncompensated Care Liability Act,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2741) was referred to the Committee on the Judiciary.

            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. 2627, Providing protection against property crimes committed against coal mines, utilities and other industrial facilities,

            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:

    S. B. 238, Limiting certain county board of education liability arising from unorganized recreation,

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

            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. 2820, Relating to affirmative defenses against mechanics’ liens,

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

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

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2557, Clarifying that an insured driver of a motor vehicle is covered by the driver’s auto insurance policy when renting or leasing a vehicle,

            And 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. 2557) was 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. 2755, Relating to service and professional employee positions at jointly established schools,

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

            Com. Sub. for H. B. 2755 - “A Bill to amend and reenact §18-5-11a of the Code of West Virginia, 1931, as amended, relating to service and professional employee positions at jointly established schools,”

            With the recommendation that the committee substitute 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. 2502, Possessing deadly weapons on school buses or on the premises of educational facilities, 

            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 Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2502) was 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. 2381, Providing a teacher mentoring increment for classroom teachers with national board certification who teach and mentor at certain schools,

            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. 2381) was referred to the Committee on Finance.

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for H. B. 2240, Providing that an act of domestic violence or sexual offense by strangling is an aggravated felony offense,

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

Messages from the Executive

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on February 20, 2015, he approved H. B. 2200.

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. 42 - “A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-4-3a and §60-4-3b; to amend and reenact §60-7-11 and §60-7-12 of said code; and to amend and reenact §60-8-34 of said code, all relating to allowing restaurants, private clubs and wineries to sell alcohol at 10:00 a.m. on Sundays; 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 10:00 a.m.; authorizing licensed wineries, farm wineries, distilleries and mini-distilleries to offer complimentary samples for consumption on the premises on Sundays beginning at 10:00 a.m.; and authorizing distilleries and 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; and allowing for the sale of products manufactured on the premises of the distillery or mini-distillery, other than in sealed packages, for consumption on the premises of any such private club”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

            H. C. R. 82, Extending the Committee of Conference relating to consideration of Com. Sub. for H. B. 2025.

Resolutions Introduced

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

            H. C. R. 80 - “Requesting the Division of Highways to name bridge number 18-21-0.31 (18A249), locally known as the Fisher Chapel Bridge, crossing Pocatalico Creek near Sissonville in Jackson County, West Virginia the ‘Army SSG Landon Clair Ray and Army SPC4 Garry Dwight Haynes Memorial Bridge’.”

            Whereas, Landon Clair Ray was born July 21, 1936, at Kenna, West Virginia, the son of Mr. and Mrs. Charles Ray of Kenna; and

            Whereas, Landon C. Ray graduated from Sissonville High School and was a member of the Pleasant View Church near Kenna; and

            Whereas, Staff Sergeant Landon C. Ray served ten years in the United States Army and was a military policeman with Company A, 1st Battalion, 5th Infantry, 25th Infantry Division; and

            Whereas, Staff Sergeant Landon C. Ray died February 3, 1967, as a result of wounds received from sniper fire in combat during his second tour of duty in Tay Ninh Province, South Viet Nam; and

            Whereas, At his death, Staff Sergeant Landon C. Ray was survived by his parents, brothers Raymond and Joe of Sissonville and sisters, Juanita and Vallie, both at home; and

            Whereas, Garry Dwight Haynes was born August 24, 1945, son of Mr. and Mrs. William H. Haynes of Romance, Jackson County, West Virginia and was a graduate of Ripley High School; and

            Whereas, Army Specialist 4th Class Garry D. Haynes entered the army in December of 1967 and deployed to Vietnam where he was wounded a few months later and spent a month in the hospital before going back into action; and

            Whereas, Specialist 4th Class Garry D. Haynes died December 9th, 1968, as a result of wounds received while on combat operations in Kien Hoa Province, South Vietnam, when he was engaged in a fire fight with hostile forces; and

            Whereas, At his death, Specialist 4th Class Garry D. Haynes was survived by his parents, five brothers and three sisters; and

            Whereas, It is fitting that a proper memorial be established for these two young men who gave their lives in service to their country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 18-21-0.31 (18A249), locally known as the Fisher Chapel Bridge, crossing Pocatalico Creek near Sissonville, West Virginia the “Army SSG Landon Clair Ray and Army SPC4 Garry Dwight Haynes Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Army SSG Landon Clair Ray and Army SPC4 Garry Dwight Haynes Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways.

            Delegates Sobonya, Mr. Speaker, Mr. Armstead, P. Smith, Longstreth, Manchin, Ambler, Anderson, Arvon, Ashley, Bates, Blair, Boggs, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Deem, Duke, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Ferro, Fleischauer, Fluharty, Folk, Foster, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hanshaw, Hartman, Hicks, Hill, Hornbuckle, Householder, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Lynch, Marcum, McCuskey, McGeehan, Miley, Miller, Moffatt, Moore, Morgan, Moye, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Romine, Rowan, Rowe, Shott, Skinner, R. Smith, Sponaugle, Stansbury, Statler, Storch, Summers, Trecost, Upson, Wagner, Walters, Waxman, Weld, Westfall, B. White, H. White, Williams and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on Industry and Labor then Rules:

            H. C. R. 81 - “Requesting the Joint Committee on Government and Finance study workplace safety for employees at state-operated behavioral health facilities.”

            Whereas, The State of West Virginia operates two hospitals dedicated to the care of patients with acute and chronic psychiatric illnesses, and operates additional facilities providing long-term and residential care for patients with complex behavioral, developmental and emotional needs; and

            Whereas, Well-trained and experienced personnel are an essential component to the provision of quality care for these patients; and

            Whereas, Some patients with psychiatric, behavioral, developmental or emotional conditions may become aggressive and violent at times, often in unpredictable ways, and that these types of behaviors pose a significant risk to the health and safety of the employees and to other patients in the health facilities; and

            Whereas, Many of the patients in the state‛s psychiatric hospitals have been committed through the criminal justice system after having allegedly committed violent crimes and the psychiatric hospitals do not have the authority to refuse to receive these patients or defer their care to another institution; and

            Whereas, During the 2014 calendar year, worker injuries due to assaults by patients at the state‛s two psychiatric hospitals resulted in 98 medical claims and 789 lost work hours; and

            Whereas, Considerable time and attention has been devoted to the articulation and awareness of the rights of patients in behavioral health facilities, but there has been significantly less attention given to the rights of the healthcare workers to a safe and reasonable work environment and to development of procedures, programs and options for the safety of these healthcare workers; and

            Whereas, The Legislature‛s Joint Committee on Labor and Worker Safety Issues began to study the general issue of employee safety in all state hospitals during the Legislature‛s interim period of 2014-2015 and, in the process, became more fully aware of the difficult and sometimes conflicting legal, administrative and educational requirements that affect the safety of healthcare workers in our state‛s behavioral health facilities; and

            Whereas, The Joint Committee on Labor and Worker Safety Issues has recommended that the Joint Committee on Government and Finance devote further study dedicated to all issues relating to the safety of workers in state-operated behavioral health facilities; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study all matters relating to the safety of healthcare workers in state-operated behavioral health facilities, including education, training, staffing levels (acuity), hiring processes, root cause analyses, response times, incident and injury statistics, work loss and other costs of worker injuries, methods for better communication between staff and supervisors, and all other material and issues relevant to this topic; and, be it

            Further Resolved, That if the Joint Committee on Government and Finance finds it appropriate, that this study be referred to a sub-committee created for this purpose and dedicated to this topic; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Bills Introduced

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

By Delegates Arvon, Canterbury, Azinger, Frich, Moffatt, Moye, Butler, Sobonya, R. Phillips, Perry and Fast:

            H. B. 2830 - “A BIndustry and LaborL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11C-1, §5-11C-2, §5-11C-3, §5-11C-4, §5-11C-5, §5-11C-6 and §5-11C-7, all relating to establishing the West Virginia Freedom of Conscience Protection Act to ensure that, in all cases where state action burdens the exercise of religion, strict scrutiny is applied and to provide a claim or defense to a person or persons whose exercise of religion is burdened by state action; short title; definitions; applicability; construction; remedies; effective date; and severability”; to the Committee on the Judiciary.

By Delegates Kurcaba, Householder, Statler, Wagner, McGeehan, Zatezalo, Rodighiero, Butler, Weld, D. Evans and R. Phillips:

            H. B. 2831 - “A Bill to amend and reenact §20-2-58 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-6-23 of said code, all relating to exempting indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house; amending the definition of ‘shooting range’ to include an indoor range; criminal penalties for violations; and limitations on nuisance actions”; to the Committee on the Judiciary.

By Delegates Ellington, Householder, Faircloth, Storch, Gearheart, Rowan, Folk, Border, Howell, Cooper and Shott:

            H. B. 2832 - “A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended, relating to reducing the motor fuel excise tax”; to the Committee on Finance.

By Delegates Ashley, A. Evans, McCuskey and Westfall

            [By Request of the Supreme Court of Appeals]:

            H. B. 2833 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-22, relating to establishing a new special revenue fund for the purpose of collecting and remitting moneys to the State Treasury for the use of certain advanced technology provided by the Supreme Court of Appeals”; to the Committee on Finance.

By Delegates Ellington and Householder:

            H. B. 2834 - “A Bill to amend and reenact §48-16-102, §48-16-103, §48-16-104, §48-16-201, §48-16-203, §48-16-204, §48-16-205, §48-16-206, §48-16-207, §48-16-208, §48-16-209, §48-16-210, §48-16-211, §48-16-301, §48-16-304, §48-16-305, §48-16-307, §48-16-310, §48-16-311, §48-16-313, §48-16-314, §48-16-316, §48-16-317, §48-16-318, §48-16-319, §48-16-401, §48-16-501, §48-16-502, §48-16-504, §48-16-505, §48-16-506, §48-16-507, §48-16-601, §48-16-602, §48-16-603, §48-16-604, §48-16-605, §48-16-606, §48-16-607, §48-16-608, §48-16-609, §48-16-610, §48-16-611, §48-16-613, §48-16-614, §48-16-615, §48-16-701, §48-16-801, §48-16-802, §48-16-902 and §48-16-903 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto fifteen new sections, designated §48-16-105, §48-16-402, §48-16-616, §48-16-702, §48-16-703, §48-16-704, §48-16-705, §48-16-706, §48-16-707, §48-16-708, §48-16-709, §48-16-710, §48-16-711, §48-16-712, and §48-16-713, all relating to amending the Uniform Interstate Family Support Act; implementing language for the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance; establishing uniform procedures for the processing of international child support cases; improving the enforcement of American child support orders abroad; ensuring that children residing in the United States will receive the financial support due from parents, wherever the parents reside; providing guidelines and procedures for the registration, enforcement, and modification of foreign support orders from countries that are parties to the convention; providing that a support order from a country that has acceded to the convention must be registered immediately unless a tribunal in the state where the registration is sought determines that the language of the order goes against the policy of the state; providing notice to the nonregistering party; allowing the opportunity to challenge the order on certain grounds; providing for the enforcement of an order unless one of the grounds for denying recognition is established; and requiring documents submitted under the convention be in the original language and a translated version submitted if the original language is not English”; to the Committee on Health and Human Resources then the Judiciary.

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

            [By Request of the Executive]:

            H. B. 2835 - “A Bill to repeal §20-14-6 and §20-14-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-10-3 and §15-10-4; to amend and reenact §20-7-1 of said code; to amend and reenact §20-14-1, §20-14-2, §20-14-3, §20-14-4, §20-14-5, §20-14-8 and §20-14-9 of said code; to amend said code by adding thereto four new sections, designated §20-14-4a, §20-14-10, §20-14-11 and §20-14-12; to amend and reenact §20-15-2 and §20-15-5 of said code; to amend and reenact §30-29-1 of said code; and to amend and reenact §61-7-6 of said code, all relating to reorganization of the Hatfield-McCoy Regional Recreation Authority; removing rangers as law-enforcement officers; providing for law-enforcement services to be provided by natural resources police officers under reimbursement by the authority; converting the authority to a joint development entity of counties; altering the composition of the authority's board; removing authorization to issue revenue bonds and create security interests; providing for financial review and oversight of public funds; defining prohibited uses and conduct in the recreation area; establishing requirements for bidding and purchasing; prohibiting conflicts of interest; creating criminal penalties and civil remedies; and declaring responsibilities of participants to landowners and lessors in the recreation area”; to the Committee on Government Organization.

By Delegates Zatezalo, McGeehan, Weld, Storch, Howell, Wagner, Butler, Border, Kurcaba and Azinger:

            H. B. 2836 - “A Bill to amend and reenact §7-1-7 of the Code of West Virginia, 1931, as amended, relating to county ordinances; requiring the clerk of a county commission to maintain a county ordinance book”; to the Committee on Political Subdivisions then Government Organization.

By Delegates Ambler, Cooper, D. Evans, Duke, Espinosa, Perry, Upson and Pasdon:

            H. B. 2837 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-1b, relating to increasing pay to teachers and service personnel by one percent a year, for three years”; to the Committee on Education then Finance.

By Delegates Lynch, Ireland, Cadle, Cooper, Ambler, Canterbury, Walters, D. Evans, Border, Hamilton and Romine:

            H. B. 2838 - “A Bill to amend and reenact §11-1C-2, §11-1C-4 and §11-1C-7 of the Code of West Virginia, 1931, as amended, all relating to the reproduction, distribution and sale of tax maps; defining terms; specifying powers of the Property Valuation Training and Procedures Commission to promulgate rules; specifying duties of county assessors, requiring that sale, reproduction, and distribution of certain records be in accordance with specified legislative rules, specifying certain fees”; to the Committee on Political Subdivisions then Finance.

By Delegates Morgan, Walters, Arvon, Zatezalo, Border and Howell:

            H. B. 2839 - “A Bill to amend and reenact §59-1-2a of the Code of West Virginia, 1931, as amended, relating to eliminating late fees charged by the Secretary of State; eliminating fees charged to domestic corporations, foreign corporations, domestic limited liability companies, and foreign limited liability companies for the late filing of annual reports”; to the Committee on Government Organization.

By Delegates Campbell, Rowan, Pasdon, Cooper and Perry:

            H. B. 2840 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-45a, relating to providing an alternative plan to make up lost days of instruction”; to the Committee on Education then Finance.

By Delegates Gearheart, Ferro, Householder and R. Phillips:

            H. B. 2841 - “A Bill to amend and reenact §29-22B-503 and §29-22B-504 of the Code of West Virginia, 1931, as amended, all relating to allowing a person to be both a limited video lottery operator and retailer”; to the Committee on the Judiciary.

By Delegates R. Smith, L. Phillips, Wagner, Eldridge, Ambler, D. Evans, Longstreth, Hornbuckle, Caputo, Upson and Pushkin:

            H. B. 2842 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18f, relating to establishing a four year pilot program to have social workers in public schools, from prekindergarten through the elementary school; requiring a minimum of one social worker per county; defining a term; requiring rule-making; and requiring annual and final reports”; to the Committee on Education then Finance.

By Delegates Rodighiero, Perdue, Hicks and Eldridge:

            H. B. 2843 - “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18-5-13b, relating to requiring school bus aides, who are trained in preventing bullying and providing a safe environment for students while being transported on a school bus, to be present on school buses”; to the Committee on Education then Finance.

By Delegates Hartman and Sponaugle:

            H. B. 2844 - “A Bill to repeal §7-25-1, §7-25-2, §7-25-3, §7-25-4, §7-25-5, §7-25-6, §7-25-7,§7-25-8, §7-25-9, §7-25-10, §7-25-11, §7-25-12, §7-25-13, §7-25-14, §7-25-15, §7-25-16, §7-25-17, §7-25-18, §7-25-19, §7-25-20, §7-25-21, §7-25-22, §7-25-23, §7-25-24, §7-25-25 and §7-25-26 of the Code of West Virginia, 1931, as amended, relating to eliminating resort districts”; to the Committee on the Judiciary.

By Delegates Fleischauer, Rowe, Pasdon, Skinner, Morgan, Hartman, Boggs, Butler, Border, Canterbury and Folk:

            H. B. 2845 - “A Bill to amend and reenact §61-3-51 of the Code of West Virginia, 1931, as amended, relating to requiring persons who are in the business of purchasing precious metals and precious gems to photograph those purchases and to transmit the photographs to law-enforcement authorities; and lessening the criminal penalty from a felony to a misdemeanor”; to the Committee on Small Business, Entrepreneurship and Economic Development then the Judiciary.

By Delegates Pasdon, Duke, Kelly, Rowan, Romine, Statler, Rohrbach and D.Evans:

            H. B. 2846 - “A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to increasing salaries for teachers through fiscal year 2020”; to the Committee on Education then Finance.

By Delegate Walters:

            H. B. 2847 - “A Bill to amend and reenact §7-5-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11A-2-2 of said code, all relating to permitting sheriffs to hire outside attorneys to assist with collection of taxes; sharing costs”; to the Committee on the Judiciary then Finance.

By Delegates Rohrbach, Stansbury, Perdue, Campbell, Hornbuckle, Pasdon, Moye, Sobonya, Miller and Statler:

            H. B. 2848 - “A Bill to amend and reenact §18-2-7b of the Code of West Virginia, 1931, as amended, relating to drug awareness education in schools; requiring the Board of Education to implement a comprehensive drug awareness program in grades K through 12”; to the Committee on Education.

By Mr. Speaker, Mr,. Armstead, and Delegates Miller, Walters and Hanshaw:

            H. B. 2849 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3 and §61-14-4, all relating to creating the West Virginia Sentencing Commission”; to the Committee on the Judiciary.

By Delegates R. Phillips, Perdue, Perry and Hartman:

            H. B. 2850 - “A Bill to amend and reenact §17C-5A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §17C-5C-4c and §17C-5C-4d, all relating to hearings before the Office of Administrative Hearings; deleting the provision that provide the OAH cannot be made a party to an appeal; requiring parties appealing a decision of the OAH to serve the Petition for Appeal on the OAH; establishing procedures for the recusal of the Chief Hearing Examiner; providing appeal procedures for petitioners denied entry into the alcohol test and lock program described in §17C-5A-3(e); allowing OAH to enter orders nunc pro tunc to correct clerical mistakes or omissions; and providing that OAH has jurisdiction to decide cases in which substantial prejudice is asserted due to alleged constitutional violations”; to the Committee on the Judiciary.

By Delegates Trecost, Manchin, Storch, H. White, Romine, Lynch and Fluharty:

            H. B. 2851 - “A Bill to repeal §7-18-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-18-1 and §7-18-3 of said code, all relating to eliminating exemption from hotel occupancy taxes on rental of hotel and motel rooms for thirty or more consecutive days; redefining certain terms; exempting hotel rooms occupied by federal or state officials on official business”; to the Committee on Political Subdivisions then Finance.

By Delegates Hamrick, Trecost, Zatezalo and Howell:

            H. B. 2852 - “A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11 and §29-3E-12; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to legalizing and regulating the sale and use of fireworks; allocating sales tax proceeds to special funds; and criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Hamrick, Ambler, Blair, Espinosa, Overington, R. Phillips, Westfall, Cooper, McGeehan, Cadle and Ihle:

            H. B. 2853 - “A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to disclaimers of warranties with respect to goods which are the subject of or are intended to become the subject of a consumer transaction; prohibition against exclusion, modification or limitation of any warranty or remedy; waiver of warranty on used motor vehicle as to a particular defect or malfunction which dealer has disclosed; conditions permitting ‘as is’ sale of used motor vehicle; conspicuous disclosure of ‘as is’ sale; ‘as is’ sale does not waive express warranties made by dealer; and dealer to conform to federal regulations”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Manchin and Longstreth:

            H. B. 2854 - “A Bill to amend and reenact §46A-6J-3 of the Code of West Virginia, 1931, as amended, relating to protection of consumers from price gouging and unfair trade practices; decreasing the maximum allowable price increase on the sale of certain goods and services following the declaration of a ‘state of emergency’ or ‘state of preparedness’; and making a technical correction”; to the Committee on the Judiciary.

By Delegates Overington, Gearheart, Westfall, R. Phillips, Foster, Householder, Blair, Walters and Moffatt:

            H. B. 2855 - “A Bill to repeal §61-11-2 of the Code of West Virginia, 1931, as amended; to repeal §62-3-15 of said code; to amend and reenact §61-2-2 of said code; to amend said code by adding thereto seven new sections, designated §61-2-2a, §61-2-2b, §61-2-2c, §61-2-2d, §61-2-2e, §61-2-2f and §61-2-2g; and to amend said code by adding thereto four new sections, designated §62-7-4, §62-7-5, §62-7-6 and §62-7-6a, all relating to death penalty for first degree murder; procedures, standards and findings applicable to imposition thereof in certain instances including aggravating and mitigating circumstances; sentencing; providing automatic review of the death penalty by the Supreme Court of Appeals; providing for forensic deoxyribonucleic acid (‘DNA’) testing of biological material in death penalty cases; providing for execution of the death sentence by lethal injection; providing for delivery of sentence of death to officer retaining custody of person so sentenced; providing for transmission of indictment, order of conviction, sentence and judgment entered thereon to the warden of the state correctional facility; transfer of person sentenced to death to the state correctional facility; execution; providing presence of certain persons be requested for the execution; providing for certification that sentence of death has been executed; and providing for disposition of the body”; to the Committee on the Judiciary then Finance.

By Delegate Faircloth:

            H. B. 2856 - “A Bill to amend and reenact §17B-2B-5 and §17B-2B-7 of the Code of West Virginia, 1931, as amended, all relating to revising the requirements for the removal of the daytime driving restriction for Class G driver’s licenses and changing the renewal of Class G driver’s licenses to every two years”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Manchin, Ferro, Longstreth and Caputo:

            H. B. 2857 - “A Bill to amend and reenact §17C-7-1 of the Code of West Virginia, 1931, as amended, relating to operating a motor vehicle in the left lane of a controlled-access highway; and misdemeanor penalty”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Manchin, Longstreth, Caputo and Skinner:

            H. B. 2858 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12A-1, §3-12A-2, §3-12A-3, §3-12A-4, §3-12A-5, §3-12A-6, §3-12A-7, §3-12A-8, §3-12A-9, §3-12A-10, §3-12A-11, §3-12A-12, §3-12A-13, §3-12A-14, §3-12A-15 and §3-12A-16, all relating to creating a public campaign financing program for circuit judges elections; providing criminal and civil penalties”; to the Committee on the Judiciary then Finance.

By Delegates Howell, Storch, A. Evans, Williams, Hanshaw, R. Phillips, Trecost, Folk, Hill, Miller and Arvon:

            H. B. 2859 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated§16-6-3a, relating to exempting certain food establishments from inspection; providing notice to consumers and authorizing inspections based upon probable cause to believe unsanitary conditions may exist”; to the Committee on Health and Human Resources.

By Delegates Manchin, Caputo and Longstreth:

            H. B. 2860 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; to amend said code by adding thereto a new section, designated §33-16D-17; to amend said code by adding thereto a new section, designated §33-24-7m; to amend said code by adding thereto a new section, designated §33-25-8j; and to amend said code by adding thereto a new section, designated §33-25A-8l, all relating to copayments required in certain policies, provisions, contracts, plans or agreements to provide health care benefits; providing that a copayment imposed for services rendered by a licensed occupational therapist, licensed speech-language pathologist or licensed physical therapist may not exceed a copayment imposed for the services of a primary care physician or an osteopathic physician; and prohibiting discrimination based upon the manner or cause of injury or condition”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Manchin, Longstreth and Caputo:

            H. B. 2861 - “A Bill to amend and reenact §17C-6-7 of the Code of West Virginia, 1931, as amended, relating to evidence of speed by the use of a device designed to measure and indicate the speed of a motor vehicle”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates P. Smith, McGeehan, Householder, Arvon, Pasdon, Kurcaba, Frich, Folk, Moye, Duke and Miller:

            H. B. 2862 - “A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to adding additional magistrate court deputy clerks”; to the Committee on the Judiciary then Finance.

By Delegates Manchin, Longstreth and Caputo:

            H. B. 2863 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-14a, relating to authorizing the issuance of special ‘Homeland Security and Emergency Management’ registration plates”; to the Committee on Roads and Transportation then Finance.

By Delegate McGeehan:

            H. B. 2864 - “A Bill to repeal §29-22A-10d, §29-22A-10e, §29-22A-10f, §29-22C-27a and §29-25-22b of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22-18d of said code, all relating to the transfer of certain revenues derived from lottery activities generally, restoring distribution to the West Virginia Infrastructure Fund to 2013 rates and decreasing the funds available for grants therefrom; restoring the amount that may be transferred to the Racetrack Modernization Fund to 2013 rates; eliminating certain statutory distributions to the State Excess Lottery Revenue Fund; restoring statutory distributions to capital reinvestment, purse funds and development funds to 2013 rates; and eliminating the statutory authorization for distributions to be paid on a pro rata basis”; to the Committee on Finance.

By Delegates Walters and H. White:

            H. B. 2865 - “A Bill to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended, relating to providing county commissioners an ongoing mechanism to consider compensation increases for elected officials every two years”; to the Committee on Government Organization.

By Delegates Guthrie, L. Phillips, Moore, Longstreth, Pethtel, Ferro, Campbell, Perdue and Moye:

            H. B. 2866 - “A Bill to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as amended, relating to establishing legislative findings, providing physical education and physical activity requirements for physical education classes in schools, establishing procedures for collecting body mass index data of students, allowing for the contracting for collecting body mass index of students, permitting or requiring parents and guardians of students to obtain body mass index data from a provider selected by the parent or guardian and to submit the results to the appropriate authority, requiring the board to provide to parents information about the body mass index screening program, requiring the board, in certain circumstances, to provide to parents and guardians a list of providers and information about screening services available in the community to the parents and guardians who cannot afford a private provider, requiring that students not be subjected to body mass screening when the parents or guardians do not wish for their children to be subjected to the same, requiring that prior written consent be obtained before any student is subjected to body mass screening, requiring that parents be advised of risks associated with body mass index screening and that parents or guardians be provided with information about appropriately addressing the risks, requiring that the confidentiality of each student be maintained and that each student’s privacy is protected by ensuring that each student is screened alone and not in the presence of other students or staff”; to the Committee on Education.

By Delegates Perry and Williams:

            H. B. 2867 - “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18B-14-2, relating to higher education and miscellaneous provisions; and providing for the transfer of credit for courses completed between post-secondary higher education institutions that do not offer a full four-year degree and four-year institutions”; to the Committee on Education.

By Delegates Sobonya, Householder, Rohrbach, Border and Perry:

            H. B. 2868 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6; and to amend said code by adding thereto a new section, designated §60A-4-414; all relating to making it a felony to knowingly housing drug traffickers; defining elements of the offense; establishing criminal penalties; and disqualifying offenders from receiving public assistance”; to the Committee on the Judiciary.

By Delegates Sobonya, P. Smith, R. Smith, Trecost, Miller, Miley, Rowe and Perry:

            H. B. 2869 - “A Bill to amend and reenact §21-3A-2 of the Code of West Virginia, 1931, as amended, relating to making the Department of Corrections and the Division of Health, and their respective workplaces, subject to the Occupational Safety and Health Act”; to the Committee on Industry and Labor then the Judiciary.

By Delegates Overington and Walters:

            H. B. 2870 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-24a, relating to granting tax credits for parents and legal guardians whose children are in a home schooling program or private school; and providing rule-making authority”; to the Committee on Education then Finance.

By Delegate Howell:

            H. B. 2871 - “A Bill to amend and reenact §5A-3-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-6-8 of said code; and to amend said code by adding thereto a new article, designed §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9 and §15-14-10, all relating to creating the statewide Interoperable Radio Network; establishing a short title; defining terms; establishing objectives and a purpose; creating the statewide Interoperable Radio Network; creating the statewide Interoperable Coordinator; prescribing duties for the statewide Interoperability Coordinator; creating the statewide Interoperability Executive Committee; prescribing duties for the statewide Interoperability Executive committee; creating the Regional Interoperability Committees; providing for disposition of assets and staffing of the statewide Interoperable Radio Network; establishing a special revenue account for the statewide Interoperable Radio Network; exempting the statewide Interoperable Radio Network from certain Purchasing Division requirements; and authorizing emergency and legislative rule-making”; to the Committee on Government Organization.

By Delegates J. Nelson, D. Evans, Cooper, Longstreth, L. Phillips, Butler, Arvon, Ihle, Blair, Kessinger and McGeehan:

            H. B. 2872 - “A Bill to amend and reenact §5A-4-5 of the Code of West Virginia, 1931, as amended, relating to regulation of parking at the West Virginia Capitol Complex; requiring that three parking spaces in the West Virginia Culture Center parking lot be designated for use by Purple Heart Medal recipients”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

By Delegates Sobonya, Householder, Ihle, Rohrbach, Miller, Waxman, Howell, Overington, O’Neal and Hamrick:

            H. B. 2873 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §6-9B-1, §6-9B-2, §6-9B-3, §6-9B-4, §6-9B-5 and §6-9B-6, all relating to creating and maintaining a searchable online budget database to easily access the details on how the state is spending their tax dollars and what performance results are achieved for those expenditures; designating this as the ‘Budget and Spending Transparency Act’; providing a short title, legislative findings, definitions, content requirements and updates; and compliance by the State Auditor and Legislative Auditor”; to the Committee on Government Organization.

By Delegates Miley, Skinner, Manchin, Ferro, Fleischauer, Perry, Caputo, Perdue, Guthrie, Sponaugle and Fluharty:

            H. B. 2874 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1E-1, §21-1E-2, §21-1E-3 §21-1E-4, §21-1E-5, §21-1E-6, §21-1E-7, §21-1E-8, §21-1E-9, §21-1E-10, §21-1E-11, §21-1E-12 and §21-1E-13, all relating to creating the Earned Sick Time Act; requiring employers to provide paid sick leave; stating legislative purpose; defining terms; setting standards for the use and accrual of the earned sick time; distinguishing between unpaid and paid sick time for certain employees based on size of employer; excepting more generous employer policies; requiring certain certification; excepting collective bargaining agreements; requiring notice and posting requirements; setting forth the duties of the Commissioner of Labor; providing rule-making authority; requiring employers retain certain documents; creating penalties and enforcement measures; creating misdemeanor offense; noting lack of an intent to preempt, limit or affect other requirements; and providing an effective date”; to the Committee on Industry and Labor then the Judiciary.

By Delegates Skinner, Folk, McGeehan, Faircloth, Rowe, Pushkin, Guthrie, Sponaugle and Fluharty:

            H. B. 2875 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6M-1, §46A-6M-2, §46A-6M-3 and §46A-6M-4, all relating to an e-mail privacy act, confidentiality of electronic communications, search warrant requirement required disclosure of customer records and delayed notice”; to the Committee on the Judiciary.

By Delegates E. Nelson, Ashley, Boggs, Williams, Anderson, A. Evans, Walters, Canterbury, Hamilton, L. Phillips and Pethtel:

            H. B. 2876 - “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”; to the Committee on Finance.

Special Calendar

Unfinished Business

            The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

            Com. Sub. for H. C. R. 4, The US Army PFC Clarence Allen Mooney Memorial Bridge,

            Com. Sub. for H. C. R. 6, The Army Air Force SGT Everett Wayne “Bud” Sell Memorial Bridge,

            Com. Sub. for H. C. R. 9, The U. S. Air Force Lt. Col. John Richard “Toots” Wilcox Memorial Bridge,

            Com. Sub. for H. C. R. 19, The U. S. Army SGT Bobby Ray Adkins Memorial Highway,

            Com. Sub. for H. C. R. 21, The PFC James Elwood Wickline Memorial Bridge,

            Com. Sub. for H. C. R. 27, The West Virginia Air National Guard 167th Fighter Squadron Memorial Bridge,

Com. Sub. for H. C. R. 28, The USMC Cpl Marple W. Landes and US Army PV2 Margel S. Landes Memorial Bridge.,

            Com. Sub. for H. C. R. 32, The Lipscomb Brothers Veterans Bridge,

            And,

            Com. Sub. for H. C. R. 35, The Historic Blue-Gray Highway.

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

Third ReadingCom. Sub. for S. B. 255, Eliminating certain boards, councils, committees, panels, task forces and commissions; 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. 116), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Border, Ellington and 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. 255) passed.

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

            H. B. 2461, Relating to delinquency proceedings of insurers; 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. 117), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Border, Ellington and McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2461) 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. 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; 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. 118), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Border, Ellington and McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2492) 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. 2625, Continuing the current hazardous waste management fee; 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. 119), and there were--yeas 89, nays 8, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Byrd, Faircloth, Folk, Frich, Guthrie, Marcum, Reynolds and Skinner.

            Absent and Not Voting: Border, Ellington and McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2625) 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. 2646, Legalizing and regulating the sale and use of fireworks; 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. 120), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Border, Ellington and McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2646) 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. 2702, Redefining service personnel class titles of early childhood classroom assistant teacher; 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. 121), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Border, Ellington and 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. 2702) passed.

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

            On this question, the yeas and nays were taken (Roll No. 122), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Border, Ellington and 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 H. B. 2702) 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. 2726, Clarifying choice of laws issues in product’s liability actions; 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. 123), and there were--yeas 84, nays 13, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Byrd, Caputo, Fleischauer, Fluharty, Hicks, Hornbuckle, Lynch, Manchin, Miley, Rowe, Skinner, Sponaugle and Trecost.

            Absent and Not Voting: Border, Ellington and McCuskey.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2726) passed.

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

            At 12:04 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 4:30 p.m.

* * * * * * *

Afternoon Session

* * * * * * *

Conference Committee Report Availability

            At 4:43 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility.Special Calendar

-Continued-

Second ReadingS. B. 298, Clarifying funds within Public Employees Retirement Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.

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

            On this question, the yeas and nays were taken (Roll No. 124), and there were--yeas 81, nays none absent and not voting 19, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, Espinosa, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 125), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Shott, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 298) passed.

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

            S. B. 299, Clarifying start date of State Police duty-related disability payments; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page eight, section ten, line thirty-three, following the word “jurisdiction”, by inserting a colon and the following:

            Provided, That in no circumstance may the disability payments begin prior to termination of employment in order to avoid an in-service distribution”.

            The bill was then ordered to third reading.

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

            On this question, the yeas and nays were taken (Roll No. 126), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 127), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 299) passed.

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

            S. B. 302, Relating to state retirement plans; on second reading, coming up in regular order, was read a second time and ordered to third reading.

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

            On this question, the yeas and nays were taken (Roll No. 128), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 129), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 302) passed.

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

            Com. Sub. for S. B. 378, Relicensing electricians without retesting under certain circumstances; on second reading, coming up in regular order, was read a second time and ordered to third reading.

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

            On this question, the yeas and nays were taken (Roll No. 130), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 131), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 378) passed.

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

            On this question, the yeas and nays were taken (Roll No. 132), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            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. 378) takes effect from its passage.

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

            H. B. 2054, Relating to the right of the landlord of commercial premises to terminate the lease under certain circumstances; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section thirty-one, line nine, after the work “lease”, by inserting the words “with the intent to suppress competition”.

            Having been engrossed, the bill was then read a third time.

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

            On this question, the yeas and nays were taken (Roll No. 133), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            Having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 134), and there were--yeas 70, nays 12, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Fluharty, Folk, Marcum, McGeehan, Miley, Moffatt, J. Nelson, Reynolds, Skinner, Sponaugle, Trecost and H. White.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2054) 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. 2139, Relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            On this question, the yeas and nays were taken (Roll No. 135), and there were--yeas 80, nays 1, absent and not voting 19, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Shott, Stansbury and Storch.

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

            Having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 136), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2139) passed.

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

            On this question, the yeas and nays were taken (Roll No. 137), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2139) 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. 2140, Building governance and leadership capacity of county board during period of state intervention; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

 

            Having been engrossed, the bill was then read a third time.

            On this question, the yeas and nays were taken (Roll No. 138), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 139), and there were--yeas 82, nays none absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2140) 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. 2187, Encouraging public officials to display the national motto on all public property and public buildings; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            On this question, the yeas and nays were taken (Roll No. 140), and there were--yeas 80, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            Having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 141), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2187) 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. 2272, Relating to the authority of the Board of Pharmacy; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            On this question, the yeas and nays were taken (Roll No. 142), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            Having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 143), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2272) 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. 2432, Relating to the licensure requirements to practice pharmacist care; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            On this question, the yeas and nays were taken (Roll No. 144), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            Having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 145), and there were--yeas 77, nays 5, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Hicks, Marcum, Reynolds, Rodighiero and Skinner.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2432) 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. 2505, Relating to retirement system participation and concurrent employment provisions; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            On this question, the yeas and nays were taken (Roll No. 146), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            Having been engrossed, the bill was then read a third time. 

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 147), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Shott, Stansbury and Storch.

 

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2505) 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. 2507, Relating to membership provisions in the West Virginia Municipal Police and Firefighters Retirement System; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            On this question, the yeas and nays were taken (Roll No. 148), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            Having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 149), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2507) 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. 2545, Relating to reimbursement of certification fee for National Board for Professional Teaching Standards certification; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            On this question, the yeas and nays were taken (Roll No. 150), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            Having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 151), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2545) 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. 2562, Relating to sales tax increment financing; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with an amendment pending, and the rule was suspended to permit the consideration of the amendment on that reading.

            H. B. 2598, Ensuring that teachers of students with disabilities receive complete information about the school's plan for accommodating the child’s disabilities; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            On this question, the yeas and nays were taken (Roll No. 152), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            Having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 153), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2598) 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. 2626, Relating to use of the Abandoned Land Reclamation Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            On this question, the yeas and nays were taken (Roll No. 154), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            Having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 155), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Shott, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2626) 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. 2632, Exempting the procurement of certain instructional materials for use in and in support of public schools from the division of purchasing requirements; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            On this question, the yeas and nays were taken (Roll No. 156), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            Having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 157), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2632) passed.

            Delegate Cowles moved that the bill take effect July 1, 2015.

            On this question, the yeas and nays were taken (Roll No. 158), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2632) 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. 2663, Creating the Rehabilitation Services Vending Program Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            On this question, the yeas and nays were taken (Roll No. 159), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 160), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2663) 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. 2669, Relating to compulsory tuberculosis testing; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            On this question, the yeas and nays were taken (Roll No. 161), and there were--yeas 81, nays 1, absent and not voting 18, with the nays and absent and not voting being as follows:

            Nays: Moffatt.

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

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

            Having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 162), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, McCuskey, Morgan, L. Phillips, Rohrbach, Romine, Stansbury and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2669) 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. 2770, Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Human Services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            Com. Sub. for H. B. 2457, Prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles,

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

            H. B. 2615, West Virginia Small Business Capital Act,

            Com. Sub. for H. B. 2648, Allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency,

            Com. Sub. for H. B. 2662, Eye Care Consumer Protection Law,

            H. B. 2733, Removing certain combinations of drugs containing hydrocodone from Schedule III of the controlled substances law,

            And,

            H. B. 2879, Relating to certain limitations on amount of state funds on deposit in any depository.

            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

            On motion for leave, a resolution was introduced (Originating in the Committee on Pensions and Retirement and reported with the recommendation that it be adopted), which was read by its title, as follows:

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

            H. C. R. 83 – “Requesting the Joint Committee on Government and Finance to study the needs, challenges, and issues facing municipalities in this state as to the funding of their police and firefighter pension plans.”

            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. 2773, Relating to the West Virginia Film Industry Investment tax credit,

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

            Com. Sub. for H. B. 2773 - “A Bill to amend and reenact §13-11X-3 and §11-13X-5 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Film Industry Investment tax credit; defining terms; decreasing the amount of credit allocated by the film office; specifying the amount of tax credit allowed to eligible companies as a percentage of qualified expenditures; and specifying effective date,”

            And,

            H. B. 2778, State Infrastructure Fund Program,

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

            Com. Sub. for H. B. 2778 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4 and §17-17B-5, all relating to transportation funding; authorizing West Virginia Division of Highways to enter into cooperative agreements with United States Secretary of Transportation to establish infrastructure revolving funds; creating the State Transportation Infrastructure Fund Program; creating State Transportation Infrastructure Fund; and permitting Commissioner of the Division of Highways to propose rules for legislative approval,”

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2790, Relating to minimum responsibility limits of car insurance,

            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. 2790) was referred to the Committee on the Judiciary.

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

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2728, Relating to risk-based capital reporting for health organizations, 

            And,

            H. B. 2811, Deleting obsolete provisions regarding the Physicians' Mutual Insurance Company,

            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 Finance.

            In accordance with the former direction of the Speaker, the bills (H. B. 2728 and H. B. 2811) were each referred to the Committee on Finance.

            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. 2674, Making home schooled students eligible for a Promise scholarship without taking the GED test,

            And reports back a committee subsistute threfor, with a new title, as follows:

            Com. Sub. for H. B. 2674 - “A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to making home schooled students elegible for a PROMISE scholarship without taking the GED test,”

            With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

            In the absence of objection, reference of the bill (Com. Sub. for H. B. 2674) to the Committee on Finance was abrogated.

            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. 2752, Deregulating persons who perform work on heating, ventilating and cooling systems and fire dampers,

            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. 2752) was referred to the Committee on the Judiciary.

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

            Your Committee on Finance has had under consideration:

            H. B. 2718, Transferring funds remaining in the Racetrack Modernization Fund to the State Road Fund and closing the Racetrack Modernization Fund,

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

            Com. Sub. for H. B. 2718 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22A-10g, relating to suspending the collection and transfer of racetrack video lottery revenues to the Licensed Racetrack Modernization Fund for one fiscal year; collecting and allocating $9 million from racetrack video lottery revenues to the state road fund and other funds for specific purposes during the fiscal year ending June 30, 2016; creating a new fund in the state treasury; and extending the availability of any unexpended balance in the Licensed Racetrack Modernization Fund for matching for two additional fiscal years,”

            With the recommendation that the committee substitute do pass.

            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:

            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.

            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. 2282, H. B. 2283, H. B. 2284, H.B . 2285, H. B.2286, H. B. 2287, H. B. 2288, H. B. 2289, H. B. 2290 and H. B. 2363.

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

            Com. Sub. for H. B. 2283 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; 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 Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the  Department of Environmental Protection to promulgate a legislative rule relating to requirements for operating permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the awarding of WV Stream Partners Program Grants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rule for coal mining facilities; and, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to waste management,”

             With the recommendation that the committee substitute do pass.

            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. 2628, Changing the date of filing announcements of candidacies,

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

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:

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill of the House of Delegates, as follows:

            H. B. 2274, Authorizing the Commissioner of Corrections to enter into mutual aid agreements.

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

            The following Senate title amendment was reported by the Clerk:

            H. B. 2274 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-5a, relating to authorizing the Commissioner of Corrections to enter into mutual aid agreements with political subdivisions of this state, other states and the federal government for numerous salutary purposes.”

            On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendment.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 163), and there were--yeas 79, nays none, absent and not voting 21, with the absent and not voting being as follows:

            Absent and Not Voting: Anderson, Boggs, Border, Byrd, Deem, Duke, Ellington, A. Evans, Hamilton, Hornbuckle, Kelly, Longstreth, McCuskey, Moore, Morgan, L. Phillips, Rohrbach, Romine, Stansbury, Storch and Williams.

 

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2274) passed.

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

            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. 30 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-7, relating to shared animal ownership agreements to consume raw milk; acquiring a percentage ownership interest in a milk-producing animal and its raw milk; requiring a written document acknowledging the inherent dangers of consuming raw milk; agreeing not to distribute raw milk; and requiring the herd seller to meet animal health and testing requirements established by the state veterinarian. ”; which was referred to the Committee on Health and Human Resources.

             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. 170 - “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Bureau of Commerce; 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 certain of the agencies to promulgate certain legislative rules with various modifications and as amended by the Legislature; authorizing Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to the safety of those employed in and around quarries in West Virginia; authorizing Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping rules; authorizing Division of Natural Resources to promulgate a legislative rule relating to hunting, trapping and fishing license and stamp fees; authorizing Division of Natural Resources to promulgate a legislative rule relating to general hunting; authorizing Division of Natural Resources to promulgate a legislative rule relating to lifetime hunting, trapping and fishing licenses; authorizing Division of Natural Resources to promulgate a legislative rule relating to wildlife damage control agents; authorizing Division of Natural Resources to promulgate a legislative rule relating to special boating; authorizing Division of Natural Resources to promulgate a legislative rule relating to commercial whitewater outfitters; authorizing Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act; authorizing Division of Labor to promulgate a legislative rule relating to child labor; authorizing Division of Labor to promulgate a legislative rule relating to the supervision of plumbing work; authorizing Division of Labor to promulgate a legislative rule relating to verifying the legal employment status of workers; authorizing Division of Labor to promulgate a legislative rule relating to the regulation of heating, venting and cooling work; authorizing Division of Labor to promulgate a legislative rule relating to weights and measures calibration fees; and authorizing Division of Forestry to promulgate a legislative rule relating to ginseng”; 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 request the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 182 - “A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety; 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 as amended by the Legislature; 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 certain of the agencies to promulgate certain legislative rules with various modifications; authorizing State Police to promulgate a legislative rule relating to the regulations and procedures pertaining to the West Virginia DNA databank; authorizing State Fire Commission to promulgate a legislative rule relating to volunteer firefighters’ training, equipment and operating standards; and authorizing State Fire Marshal to promulgate a legislative rule relating to supervision of fire protection work”; 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 request the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 192 - “A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Transportation; 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 with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the examination and issuance of driver's licenses; and authorizing the Office of Administrative Hearings to promulgate a legislative rule relating to appeal procedures”; 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. 316 - “A Bill to amend and reenact §59-1-2 and §59-1-2a of the Code of West Virginia, 1931, as amended, all relating to veteran-owned businesses; defining terms; exempting new veteran-owned businesses from certain fees paid to the Secretary of State; and exempting new veteran-owned businesses from paying annual report fees for the first four years after their initial registration”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 334 - “A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §30-3-13a; to amend said code by adding thereto a new section, designated §30-7-21; and to amend said code by adding thereto a new section, designated §30-14-16, all relating generally to practice of medicine, osteopathy and advance practice registered nursing; rewriting licensing requirements for practice of medicine and surgery or podiatry; making exceptions; providing for unauthorized practice; requiring notice; establishing criminal penalties; permitting practice of telemedicine; establishing requirements; making exceptions; defining terms; and authorizing rulemaking”; 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. 343 - “A Bill to amend and reenact §30-1-7a of the Code of West Virginia, 1931, as amended, relating to removing chiropractors from list of medical professionals required to obtain continuing education on mental health conditions common to veterans and family members of veterans”; which was referred to the Committee on 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. 344 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2 and §55-7E-3, all relating to setting adequate and reasonable amounts of compensatory damages available to an employee in statutory and common law wrongful or retaliatory discharge causes of action and other employment law claims; setting forth definitions; setting forth legislative findings and declaration of public policy; placing duty to mitigate damages on plaintiffs in employment-related lawsuits and causes of action; and requiring a judge to make a finding on the appropriateness of remedy versus reinstatement before front pay damages are to be considered by a jury”; 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

            S. B. 350 - “A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to protection of utility workers from crimes against the person; defining "utility worker"; and establishing penalties”; 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

            S. B. 364 - “A Bill to amend and reenact §5A-3-1 and §5A-3-3 of the Code of West Virginia, 1931, as amended, all relating to exempting the West Virginia State Police Forensic Laboratory from state purchasing guidelines’; 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. 384 - “A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to permitting sale of wine by wine specialty shop in a county, magisterial district or municipality that has not elected to permit sale of wine or alcohol beverages”; which was referred to the Committee on Small Business and Economic Development 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. 390 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-1k, relating to additional duties of the Public Service Commission; authorizing commission to approve expedited cost recovery of natural gas utility infrastructure projects deemed just and reasonable and in the public interest; making findings; establishing application and hearing process; and providing for rulemaking”; 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 July 1, 2015, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 398 - “A Bill to amend and reenact §11-27-38 of the Code of West Virginia, 1931, as amended, relating generally to health care provider taxes; modifying expiration date for tax rate on eligible acute care hospitals; changing tax rate on eligible acute care hospitals; and providing for disbursement of any funds remaining in the Eligible Acute Care Provider Enhancement Account”; 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 and requested the concurrence of the House of Delegates in the passage, of

            S. B. 425 - “A Bill to amend and reenact §12-1-12d of the Code of West Virginia, 1931, as amended, relating to investments by certain institutions of higher learning”; which was referred to the Committee on Education then Finance.

            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. 435 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-26-1, §7-26-2, §7-26-3, §7-26-4, §7-26-5 and §7-26-6, all relating to creating West Virginia Sheriffs’ Bureau of Professional Standards; purpose and composition; general powers and duties; officers; promotion of training; standards for vehicles, badges and uniforms; and standards for interagency cooperation”; to the Committee on 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  

            S. B. 483 - “A Bill to amend and reenact §8-22-18 of the Code of West Virginia, 1931, as amended, relating to boards of trustees of certain municipal policemen's pension and relief funds and certain municipal firemen's pension and relief funds”; which was referred to the Committee on Finance.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Border, Ellington and McCuskey.

Miscellaneous Business

            Delegates Ambler and Cooper filed forms with the Clerk’s Office per House Rule 94b to be added as cosponsors of H. B. 2846.

            Delegate Eldridge filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2840.

            Delegate Frich filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2741.

            Delegate O’Neal filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2716.

            Delegate Perry filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2846.

            Delegate R. Phillips filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2021.

            Delegate Marcum filed forms with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2097, H. B. 2136, H. B. 2271 and H. B. 2470.

            Delegate Shott announced that his votes did not record on Roll Call Nos. 125 and 135, and that he voted “Yea” thereon.

            At 5:58 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 23, 2015.