Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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Wednesday, February 25, 2015

FORTY-THIRD DAY

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

 

 

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

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

            The Clerk proceeded to read the Journal of Tuesday, February 24, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Reordering of the Calendar

            Delegate Cowles announced that the Committee on Rules had transferred Com. Sub. for H. B. 2718, on third reading, Special Calendar, to the House Calendar, and Com. Sub. for S. B. 60, on second reading, Special Calendar, to the House Calendar.

Committee Reports

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

            Your Committee on Rules has had under consideration:

            H. C. R. 51, Proclaiming and making the fiddle the official musical instrument of the State of West Virginia,

            And reports the same back with recommendation that it be adopted.

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

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

            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. 2834, Amending the Uniform Interstate Family Support 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. 2834) 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. 2258, “Parents’ Bill of Rights”.

            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. 2258) 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. 2440, Preventing taxpayer subsidization of health insurance covering elective abortions,

            And,

            H. B. 2887, Prohibiting the Division of Motor Vehicles from issuing instruction permits to applicants who have not successfully passed drug tests,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2440 and H. B. 2887) were each referred to the Committee on the Judiciary.

Messages from the Executive

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on February 24, 2015, he approved Com. Sub. for S. B. 7.

Resolutions Introduced

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

            H. C. R. 90 - “Requesting the Division of Highways to name the road from the beginning of Sand Creek Road on CR 10/15 at the bend of the Guyandotte River and SR 10 running one-half mile on Sand Creek Road in Lincoln County, the ‘U. S. Army CPL Wilson B. Lambert, Jr. Memorial Road’.”

            Whereas, Wilson B. Lambert, Jr. was born on June 14, 1930 in Harts, Lincoln County, West Virginia. Corporal Wilson B. Lambert, Jr. was an infantryman in the Heavy Mortar Co, 38th Infantry Regiment, 2nd Division, Korea and was injured on February 13, 1951 in Wonju Korea. He received a Purple Heart Combat Infantry Badge and Korean Service Medal with 2 Bronze Stars. Wilson B. Lambert, Jr. returned to West Virginia where he worked in coal mining and construction. He died on May 5, 2011; and

            Whereas, Naming the road from the beginning of Sand Creek Road on CR 10/15 at the bend of the Guyandotte River and SR 10 running one-half mile on Sand Creek Road in Lincoln County, the “U. S. Army CPL Wilson B. Lambert, Jr. Memorial Road” is an appropriate recognition of his service to his country, state and Lincoln County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the road from the beginning of Sand Creek Road on CR 10/15 at the bend of the Guyandotte River and SR 10 running one-half mile on Sand Creek Road in Lincoln County, the “U. S. Army CPL Wilson B. Lambert, Jr. Memorial Road”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road the “U. S. Army CPL Wilson B. Lambert, Jr. Memorial Road”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and the surviving family of Wilson B. Lambert, Jr.

            Delegates J. Nelson, Eldridge, Hicks, Bates, Boggs, Butler, Campbell, Caputo, Ferro, Fluharty, Folk, Gearheart, Hill, Hornbuckle, Ireland, Manchin, Marcum, McGeehan, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Rodighiero, Rohrbach, Skinner, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Summers, Trecost, Wagner, Westfall, H. White, Williams and Longstreth offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 91 - “Designating days for the display of the Honor and Remember Flag.”

            Whereas, The Legislature approved H. C. R. 94 in the 2011 Regular Session of the Legislature supporting the “Honor and Remember” Flag as an official emblem of the service and sacrifice by the brave men and women of the United States Armed Forces who have given their lives in the line of duty; and

            Whereas, The 112th Congress, 1st Session passed H. R. 546 designating the Honor and Remember Flag as an official symbol to recognize and honor members of the United States Armed Forces who have given their lives in the line of duty and for other purposes and designating locations and days on which the Honor and Remember Flag may be displayed; and

            Whereas, The State of West Virginia should adopt and follow the days for display of the Honor and Remember Flag, which are: Armed Forces Day, the third Saturday in May; Memorial Day, the last Monday in May; Flag Day, June 14; Independence Day, July 4; National POW/MIA Recognition Day; and Veterans Day, November 11; therefor, be it

            Resolved by the Legislature of West Virginia:

            That this Legislature designates the days for display of the Honor and Remember Flag in West Virginia as Armed Forces Day, the third Saturday in May; Memorial Day, the last Monday in May; Flag Day, June 14; Independence Day, July 4; National POW/MIA Recognition Day; and Veterans Day, November 11.

            Delegates Fleischauer, Pasdon, Statler, Lane, Fast, Kurcaba, Weld, Moye, Byrd, Guthrie and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 92 - “Requesting the Joint Committee on Government and Finance to study the need to require liability insurance coverage by businesses licensed to sell alcoholic beverages, nonintoxicating beer or wine on premises.”

            Whereas, Incidents of persons injured or killed by drivers under the influence of alcoholic beverages in West Virginia occur in numbers sufficient to raise the question of the amounts of liability insurance by the licensed businesses selling the alcoholic beverages as well as the liability insurance of offending driver; and whether these licensed businesses should be mandated to maintain a liability insurance policy; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is requested to study the need to require liability insurance coverage by businesses licensed to sell alcoholic beverages, nonintoxicating beer or wine on premises; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2016, on its findings, conclusions and recommendations together with drafts of any legislation 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.

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

            H. C. R. 93 - “Requesting the Division of Highways to name the bridge on U. S. Route 50, crossing the North Fork of the Cacapon River near Augusta, Hampshire County, West Virginia, map coordinates 39.31518 - 78.65962, milepost 14.95, the ‘CSA LTG Thomas J. “Stonewall” Jackson Bridge’.”

            Whereas, Thomas Jonathan Jackson was born in Virginia, now West Virginia, January 21, 1824; and

            Whereas, Young Jackson spent many years of his youth living with an uncle, Cummins Jackson, who owned what is now Jackson’s Mill near Weston, in Lewis County, West Virginia; and

            Whereas, Thomas J. Jackson graduated from the United States Military Academy at West Point in 1846 and was assigned to an artillery regiment sent to fight in the Mexican-American War from 1946 to 1948, where he distinguished himself in several battles; and

            Whereas, Following military service with the United States Army, Jackson began teaching at Virginia Military Institute in Lexington, Virginia; and

            Whereas, As the American Civil War began, Thomas J. Jackson joined the Army of the Confederate States of America, in which he reached the rank of Lieutenant General. His practices of discipline, surprises and maneuvers made him one of the most revered generals of the Confederacy; and

            Whereas, At the first battle of Bull Run, Jackson was said to have stood against the enemy as a “stone wall”, earning him his famous nickname, “Stonewall” Jackson; and

            Whereas, “Stonewall” Jackson, and the “Stonewall Brigade” as his troops were known, fought many battles in present day West Virginia and often engaged Union forces in Romney and other Hampshire County locations, because of the area’s strategic importance; and

            Whereas, General “Stonewall” Jackson was wounded by friendly fire during the Battle of Chancellorsville in Virginia and died May 10, 1863, at the age of thirty-nine; and

            Whereas, The fifth grade class of Augusta Elementary School in Hampshire County, West Virginia, wishes to honor the memory of West Virginia’s famous general who fought many battles in their home county; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge on U. S. Route 50, crossing the North Fork of the Cacapon River near Augusta, Hampshire County, West Virginia, map coordinates 39.31518 - 78.65962, milepost 14.95, the “CSA LTG Thomas J. ‘Stonewall’ Jackson 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 “CSA LTG Thomas J. ‘Stonewall’ Jackson Bridge”; and, be it

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

            Delegates B. White, Stansbury, Espinosa, Sobonya, Arvon, Cadle, Fast, Folk, Hill, Householder, Pushkin, Guthrie, Rowe, Lynch, McCuskey, Westfall, Howell, Ihle, Kessinger, Kurcaba, Lane, Rohrbach, Rowan, Sobonya, Statler, Waxman, Weld, B. White, Byrd and Fleischauer offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 94 - “Requesting the Division of Highways to name bridge number 20-77-99.01 (20A418), locally known as I-77 Greenbrier Street Overpass, NB with featured intersected of WV 114 Greenbrier Street, with latitude of 38.34157 and longitude of -81.61183 in Kanawha County, ‘The Rosie the Riveter Memorial Bridge’.”

            Whereas, Women who worked on the home front during World War II were a significant force in shortening and winning that history-changing war. West Virginia women contributed significantly to the effort by working in factories, farms, government and as volunteers doing any and all that could be done on the home front; and

            Whereas, Rosie the Riveters as a group and with individual examples in West Virginia are noted for caring for their loved ones who were wounded in many ways by the war, who pioneered proof of what women do for society, and who showed what older Americans do when given the right guidance and opportunity. Most Rosies the Riveters have died without being recognized or learned from; and

            Whereas, The West Virginia Rosie the Riveter Program has proven from 2009 to the present that these women were critical to the well-being of America, Allied Nations, freedom and showing the value of the strengths of women; and

            Whereas, The Greater Kanawha Valley is the first Model Rosie the Riveter Community in America, based on work done by the nonprofit called, Thanks! Plain and Simple, Inc. (“Thanks!”) which has the mission of creating projects that need to be done in America and then guiding other Americans to join in the effort. “Thanks!” has been significantly helped by Rosie the Riveters, many of whom have died since “Thanks!” began work in 2009. Families and the overall communities of West Virginia have been supporting these and other efforts to honor Rosie the Riveters; and

            Whereas, The Charleston Gold Dome Lions Club has initiated naming a bridge “The Rosie the Riveter Memorial Bridge” as an example of what can be done by communities nationwide. Increasing numbers of entities across the United States and internationally are recognizing that the ways West Virginia has recognized Rosie the Riveters are significant and achievable. A small bridge in Wetzel County, WV was named for a living Rosie, Freda Bell, which is a first in America and shows West Virginia's spirit and commitment to contributors to freedom; and

            Whereas, It is only fitting and proper that the class of Americans known as Rosie the Riveters and their good work for family, community, the nation and the world be recognized and remembered; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways name bridge number 20-77-99.01 (20A418), locally known as I-77 Greenbrier Street Overpass, NB with featured intersected of WV 114 Greenbrier Street, with latitude of 38.34157 and longitude of -81.61183 in Kanawha County, “The Rosie the Riveter 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 Rosie the Riveter 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 Department of Highways and to “Thanks! Plain and Simple, Inc.” and to the Charleston Gold Dome Lions Club.

            Delegates J. Nelson, R. Phillips, O’Neal, Azinger, Blair, Butler, Gearheart, Hill, Ihle, Ireland, McGeehan and Statler offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 95 - “Urging the President of the United States to approve the Keystone XL pipeline.”

            Whereas, On February 16, 2015 a train hauling one hundred seven tank cars of crude oil from North Dakota to Virginia when twenty-six cars derailed, with nineteen eventually catching fire and several exploding and sending fireballs into the sky near Montgomery, West Virginia; and

            Whereas, Each tanker car carried 29,500 gallons of oil; and

            Whereas, The derailment caused large amounts of crude oil to be spilled in a river that is the drinking water supply for the surrounding communities; and

            Whereas, Individuals, families, employees, businesses and commerce were negatively affected in the surrounding communities causing many to find shelter away from their homes; and

            Whereas, The short-term and long-term effects to the environment and the health of the residents is still unknown; and

            Whereas, Many West Virginians, even those in areas not affected by the derailment, are unsure of the safety of trains hauling huge amounts of crude oil; and

            Whereas, The hauling of crude oil in pipelines is regulated by the United States Department of Transportation and it has been demonstrated that pipeline transportation is the safest form of transportation; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the West Virginia Legislature urges the President of the United States to approve the Keystone XL pipeline; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the President of the United States and the members of the West Virginia congressional delegation.

            Delegate Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 13 - “Designating March 2, 2015 as ‘Self Injury Awareness Day’.”

            Whereas, Self-injury, also called self-harm, self-inflicted violence, or self-mutilation, is a coping mechanism used by an estimated 1% of the U.S. population; and

            Whereas, Self-injury is seldom talked about and often misunderstood, leading to those who self-injure being treated unfairly or insensitively by police, doctors, therapists and emergency personnel; and

            Whereas, Self-injurers, despite public perceptions, are generally not psychotic and present little danger to others; and

            Whereas, Effective treatments for self-harm do exist, although many professionals may not be aware of them; and

            Whereas, Raising professional and public awareness of the facts about self-injury will help dispel the fears, myths and taboos that surround the subject and that make it difficult for people who self-injure to obtain effective help; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby designates, March 2, 2015, as “Self Injury Awareness Day”, and hereby urges all citizens and professionals to increase their awareness of the truths about self-injury, thus allowing people who self-injure to receive fair and sensitive treatment; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Governor and the Secretary of the Department of Health and Human Resources.

Special Calendar

Third Reading

            S. B. 238, Limiting certain county board of education liability arising from unorganized recreation; 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. 187), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Boggs and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 238) passed.

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

            Com. Sub. for H. B. 2240, Providing that an act of domestic violence or sexual offense by strangling is an aggravated felony offense; 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. 188), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Boggs and 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. 2240) 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. 2283, Authorizing the Department of Environmental Protection to promulgate legislative rules; 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. 189), and there were--yeas 85, nays 13, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Azinger, Cadle, Faircloth, Fast, Folk, Gearheart, Kelly, McGeehan, Moffatt, J. Nelson, Reynolds, Sobonya and Walters.

            Absent and Not Voting: Boggs 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. 2283) passed.

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

            On this question, the yeas and nays were taken (Roll No. 190), and there were--yeas 87, nays 11, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Azinger, Cadle, Faircloth, Folk, Gearheart, Hornbuckle, Kelly, McGeehan, J. Nelson, R. Smith and Walters.

            Absent and Not Voting: Boggs 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. 2283) 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. 2627, Providing protection against property crimes committed against coal mines, utilities and other industrial facilities; 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. 191), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Boggs and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2628) 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. 2628, Changing the date of filing announcements of candidacies; 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. 192), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Boggs and Storch.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2628) 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. 2674, Making home schooled students eligible for a PROMISE scholarship without taking the GED test; 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. 193), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Lynch.

            Absent and Not Voting: Boggs 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. 2674) passed.

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

            On this question, the yeas and nays were taken (Roll No. 194), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent and Not Voting: Boggs.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 2674) takes effect from its passage.

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

            Com. Sub. for H. B. 2778, State Infrastructure Fund Program; 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. 195), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: McGeehan.

            Absent and Not Voting: Boggs.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2778) 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. 2820, Relating to affirmative defenses against mechanics’ liens; on third reading with the restricted right to amend jointly by Delegates Shott and Manchin, was reported by the Clerk.

            On motion of Delegates Shott and Manchin, the bill was amended on page three, section twenty-one, line five, immediately following the words “certified mail”, by inserting a comma and the words “return receipt requested” followed by a comma.

            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. 196), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

            Nays: Ireland and Lane.

            Absent and Not Voting: Boggs.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2820) passed.

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

Second ReadingS. B. 398, Extending expiration date for health care provider tax on eligible acute care hospitals; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate E. Nelson, the bill was amended on page eight, line six, by striking out subsection (g) in its entirety and inserting in lieu thereof the following:

            (g) The changes to the tax rate in this section enacted in the 2015 Regular Session are effective July 1, 2015, upon the approval of the state plan amendment.

            The bill was then ordered to third reading.

            Com. Sub. for H. B. 2103, Relating generally to boards of examination and registration; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

 

            Com. Sub. for H. B. 2202, Relating to more equitable disbursement of funds to county boards; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2268, Removing the severance tax on timber; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2462, Relating to certain deposits of tax proceeds; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2569, Relating to the Dealer Recovery Program; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2571, Creating a fund for pothole repair contributed to by private businesses or entities; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2652, Reducing the assessment paid by hospitals to the Health Care Authority; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2657, Allowing members of the Livestock Care Standards Board to be reimbursed for expenses consistent with the West Virginia Department of Agriculture Travel Policy and Procedure; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2835, Reorganizing the Hatfield-McCoy Regional Recreation Authority; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page thirteen, section three, line eleven, by striking out the underlined words “or who is associated with a mining, logging, natural gas or other resource-extraction industry or who is a licensed land surveyor or licensed professional engineer”.

            On page thirteen, section three, line fifteen, after the word “county”, by inserting the words “or who is associated with a mining, logging, natural gas or other resource-extraction industry or who is a licensed land surveyor or licensed professional engineer.”

            And

            On page thirteen, section three, line eleven, after the word “project”, by inserting the words “or their designee”.

            The bill was then ordered to engrossment and third reading.

            H. B. 2888, Allowing the use of rotary drum composters to destroy or dispose of the carcass of any animal to prevent the spread of disease; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2933, Making a supplementary appropriation to the Department of Administration, Public Defender 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 S. B. 187, Authorizing Department of Revenue promulgate legislative rules,

            Com. Sub. for S. B. 357, Creating Coal Jobs and Safety Act of 2015,

            H. B. 2161, Adopting the Uniform Act on Prevention of and Remedies for Human Trafficking,

            H. B. 2780, Enhancing the ability of campus police officers at public colleges to perform their duties,

            And,

            H. B. 2884, Modifying training and development requirement for certain members of certain higher education boards.

Leaves of Absence

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

Miscellaneous Business

            Delegate Rohrbach asked and obtained unanimous consent that the remarks of Delegate R. Smith regarding Com. Sub. for S. B. 357, Creating Coal Jobs and Safety Act of 2015 be printed in the Appendix to the Journal.

            Delegate Miley asked and obtained unanimous consent that the remarks of Delegate Caputo regarding Com. Sub. for S. B. 357, Creating Coal Jobs and Safety Act of 2015 be printed in the Appendix to the Journal.

            Delegate R. Phillips asked and obtained unanimous consent that the remarks of Delegates Perdue and Walters regarding H. B. 2920, Vesting the Public Employees Insurance Agency with the authority to negotiate and executing all health care and ancillary contracts for the Medicaid program be printed in the Appendix to the Journal.

            Delegate Hartman noted to the Clerk that he was absent when the votes were taken on Roll Nos. 164, 165, 166, 167 and 169, and that had he been present, he would have voted “Yea” thereon.

            Delegate Duke noted to the Clerk that he was absent when the votes were taken on Roll Nos. 124-163, and that had he been present, he would have voted “Yea” thereon.

            Mr. Speaker, Mr. Armstead, filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. C. R. 94.

            Delegate Miller filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2932.

            Delegate Marcum filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2910.

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

            Delegate H. White filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2910.

            At 1:05 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 6:00 p.m.

* * * * * * *

Evening Session

* * * * * * *

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

Committee Reports

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

            Your committee on Rules has had under consideration:

            H. C. R. 29, That April 2 be designated as West Virginia Autism Awareness Day,

            And,

            Com. Sub. for H. C. R. 39, The USMC LCpl Julius C. “Corky” Foster Memorial Bridge,

            And reports the same back with the recommendation that each be adopted.

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

            Your Committee on Finance has had under consideration:

            H. B. 2716, Relating to charitable organizations,

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

            Com. Sub. for H. B. 2716 - “A Bill to amend and reenact §29-19-5 of the Code of West Virginia, 1931, as amended, relating generally to annual statements of charitable organizations; requiring reports of financial audits and financial reviews of certain registered charitable organizations; and requiring additional information on annual statement,”

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

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

            Com. Sub. for H. B. 2811 - “A Bill to amend and reenact §33-20F-4 of the Code of West Virginia, 1931, as amended, relating to the Physicians’ Mutual Insurance Company; deleting obsolete provisions regarding the Physicians’ Mutual Insurance Company; and providing that the company need not be organized as a nonprofit corporation,”

            And,

            H. B. 2812, Clarifying use of subsistence allowance in determining compensation for purposes of calculating pension benefits for natural resources police officers,

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

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

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on Finance has had under consideration:

            H. B. 2876, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state,

            And,

            S. B. 382, Declaring claims against state,

            And reports the same back with the recommendation that they each 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. 2934, Repealing the common core standards,

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

            Com. Sub. for H. B. 2934 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-5b, relating to repealing the common core standards; making findings with respect to a thorough and efficient education and role of the Legislature; making findings with respect to the Elementary and Secondary Education act and the affect of certain amendments; making findings with respect to changes in standards and assessments; making findings with respect to reverse in trend of improving student National Assessment of Educational Progress scores and likely causes; making findings with respect to ESEA flexibility relief, state application and subsequent actions; and making findings with respect to school funding sources, the influence of federal funds and the use of federal funds to coerce changes in standards, assessments and accountability system; making findings with respect to inappropriate usurpation of state sovereignty over public education and results sufficient to impede process for improving education; directing certain actions by state board in response to findings; providing comprehensive review of standards by board to ensure repeal of certain common core standards, certain aligned college and career ready standards and revised as needed, adequate and appropriate curriculum and instructional strategies, sufficient training and professional development, and information and resources to engage and assist parents; requiring state board appoint stakeholder commission to participate in review with certain legislative member appointments; requiring state board appointment of standards development committees to advise and assist commission; requiring state board conduct regional town hall meetings with certain format for discussion and input; suspending use of summative assessment scores except for certain purpose until certain date; prohibiting collection and disclosure of certain student information; requiring regular information to Legislature on actions with respect to standards, assessment, accountability and capacity building; providing for responsibilities, appointment and membership of standards development committees; directing certain actions in response to findings by Governor, Legislature, state board and state superintendent with respect to reauthorization of Elementary and Secondary Education Act; and requiring monitoring by Legislative Oversight commission,”

            With the recommendation that the committee substitute do pass.

            Delegate Miley asked unanimous consent that the bill be committed to the Committee on Finance, which consent was not given, objection being heard.

            Delegate Miley then so moved.

            On this question, the yeas and nays were taken (Roll No. 197), and there were--yeas 27, nays 64, absent and not voting 9, with the yeas and absent and not voting being as follows:

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

            Absent and Not Voting: Boggs, Deem, Guthrie, Longstreth, Morgan, Perdue, L. Phillips, Rohrbach and Romine.

            So, two thirds of the members present and voting not having voted in the affirmative, the motion was rejected.

            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 Ellington, Householder, Rohrbach, Stansbury, Hill and Westfall:

            H. B. 3016 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-12A-1 and §15-12A-2; and to amend and reenact §60A-10-4, §60A-10-6 and §60A-10-7 of said code, all relating to methamphetamine; creating a registry; requiring that certain persons be added to registry; requiring certain drug products be obtained by prescription only; requiring registered persons to obtain to prescription; providing certain discretionary authority to the Board of Pharmacy; increasing criminal penalties; and providing criminal penalties.”

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

            Your Committee on Government Organization has had under consideration:

             Com. Sub. for S. B. 361, Eliminating prevailing hourly wage requirement for construction of public improvements,

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

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2881, West Virginia Intrastate Commerce Improvement Act,

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

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

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 25th 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:

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

            And,

            (S. B. 262), Transferring CHIP and Children's Health Insurance Agency from Department of Administration to DHHR.

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

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 25th day of February, 2015, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

            (S. B. 389), Relating to Board of Registration for Professional Engineers license renewals and reinstatements.

            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. 2976, Expanding the eligible master’s and doctoral level programs for which a Nursing Scholarship may be awarded,

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

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

            Your Committee on Finance has had under consideration:

            H. B. 2760, Making a supplementary appropriation to the Bureau of Senior Services - Lottery Senior Citizens Fund,

            And,

            H. B. 2764, Making a supplementary appropriation to the State Department of Education - School Building Authority,

            And reports the same back with the recommendation that they each 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. 2713, Providing taxpayers repaying their own student loans a modification reducing federal adjusted gross in the amount of the interest paid, 

            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. 2713) was 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. 2793, Relating generally to home schooling,

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

            Com. Sub. for H. B. 2793 - “A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to exemptions from mandatory school attendance; restoring historical exemption nomenclature; clarifying that parents and guardians of exempt children may not be prosecuted under §18-8-2; clarifying that exempt children are not status offenders; requiring leave of court and probable cause before petition may be filed to deny home schooling; providing for one-time notice of intent to home school and revising notice contents; removing waiting period; providing for notice of termination; providing for notice when children move between counties; removing required submissions; revising requirements and standards for annual assessments and acceptable progress; removing requirement that parents pay costs of assessments not conducted in public schools; requiring parents to retain copies of assessments; and requiring evaluations for learning disabilities when children fail to make acceptable progress”,

            With the recommendation that the committee substitute do pass.

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

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 25th 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:

            (Com. Sub. for H. B. 2004), Providing a procedure for the development of a state plan under section 111(d) of the Clean Air Act,

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

            And,

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

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

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 25th 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:

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

            And,

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

            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. 2381, Providing a teacher mentoring increment for classroom teachers with national board certification who teach and mentor at certain schools,

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

            Com. Sub. for H. B. 2381 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2c, relating to providing a teacher mentoring increment for classroom teachers with national board certification who teach and mentor at persistently low performing schools; defining persistently low performing schools; defining mentoring; specifying method of payment; and specifying eligibility,”

            H. B. 2478, Relating to public school finance,

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

            Com. Sub. for H. B. 2478 - “A Bill to amend and reenact §11-8-6f of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-4, §18-9A-5, §18-9A-7, §18-9A-11 and §18-9A-12 of said code, all relating to public school finance; eliminating authority of growth county boards of education to designate regular school board levy revenues due to new construction or improvements to a growth county school facilities act fund; removing the reduction in a county’s basic foundation allowance to a county school system for professional educators and service personnel if the number employed is less than the maximum allowed for formula funding; adjusting the foundation school program allowance for transportation costs for the school years 2015-2016 and 2016-2017; including propane as an eligible fuel for the ten percent additional percentage allowance for school bus systems using alternative fuels; changing the percent of the replacement value of bus fleets included in the calculation of the allowance in the foundation school program for transportation; and eliminating certain adjustments in basic foundation program,”

            And,

            H. B. 2823, Eliminating the street and interurban and electric railways tax,

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

            Com. Sub. for H. B. 2823 - “A Bill to amend and reenact §11-13-2d of the Code of West Virginia, 1931, as amended, relating to eliminating a certain tax on persons engaging or continuing within this state in the service or business of street and interurban and electric railways,”

            With the recommendation that the committee substitutes each do pass.

                                                    Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on and the passage, as amended by said report, of

            Com. Sub. for H. B. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility.

            A message from the Senate, by

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

            H. B. 2212, Changing the amount of severance tax revenue annually dedicated to the West Virginia Infrastructure General Obligation Debt Service Fund.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had receded from its amendment and again passed

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

            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:

            Com. Sub. for H. B. 2568, The Pain-Capable Unborn Child Protection Act.

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

            The following Senate title amendment was reported by the Clerk:

            Com. Sub. for H. B. 2568 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6 and §16-2M-7, all relating to prohibiting certain abortions; stating legislative findings; defining terms; requiring a calculation of gestational age before an abortion is performed or attempted, except in certain cases; prohibiting abortions when the gestational age of the fetus reaches pain capable gestational age; creating certain exceptions to that prohibition; requiring a physician performing an abortion of a fetus that has reached pain capable gestational age to use the process most likely to allow the fetus to survive, with certain exceptions; requiring reporting of all completed abortions and that the reports contain certain information regarding the abortion; requiring an annual public report that provides statistics of the abortions while keeping the identities of the persons involved confidential; deeming violations by physicians and other licensed medical practitioners to be a breach of the standard of care and outside the scope of practice that is permitted by law; allowing for discipline from the applicable licensure board for that conduct, including, but not limited to, loss of professional license to practice for violation; constituting violations for nonphysician and nonlicensed medical practitioners as unauthorized practice of medicine and subject to criminal penalties; preserving existing legal remedies for violations; clarifying that no penalty may be assessed against a patient; and making provisions severable.”

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

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

            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. 198), and there were--yeas 82, nays 9, absent and not voting 9, with the nays and absent and not voting being as follows:

            Nays: Caputo, Fleischauer, Fluharty, Hornbuckle, Moore, Pethtel, Pushkin, Rowe and Skinner.

            Absent and Not Voting: Boggs, Deem, Guthrie, Longstreth, Morgan, Perdue, L. Phillips, Rohrbach and Romine.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2568) passed.

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

            On this question, the yeas and nays were taken (Roll No. 199), and there were--yeas 83, nays 8, absent and not voting 9, with the nays and absent and not voting being as follows:

            Nays: Caputo, Fleischauer, Fluharty, Hornbuckle, Moore, Pethtel, Pushkin and Skinner.

            Absent and Not Voting: Boggs, Deem, Guthrie, Longstreth, Morgan, Perdue, L. Phillips, Rohrbach and Romine.

            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. 2568) 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.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

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

            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. 88 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5, §16-46-6, §16-46-7, §16-46-8, §16-46-9 and §16-46-10, all relating to requiring background checks for individuals who have direct access to residents, members or beneficiaries of covered providers or covered contractors participating in the West Virginia Clearance for Access: Registry and Employment Screening program; providing short title; defining terms; requiring the Secretary of the Department of Health and Human Resources to develop plan and program for conducting background checks; requiring centralized database to maintain criminal history record information and results; establishing prescreening process conducted by covered providers and covered contractors; requiring applicants to provide fingerprints and undergo criminal background check; establishing procedures and criteria for obtaining and reviewing criminal history record information; establishing criteria for approving applicants for employment; authorizing contractors and fees; creating special revenue account for administrative fees; providing for protests of the secretary’s decisions and permitting variances; creating exceptions; authorizing legislative rules; providing monetary penalties; and providing for civil and criminal immunity”; 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. 109 – “A Bill to amend and reenact §16-2-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-2-16, all relating to local indoor smoking prohibition; exempting certain veterans’ organizations from local indoor smoking prohibition; and establishing a procedure for certain establishments to apply for exemption from local indoor smoking prohibition”; which was referred to the Committee on Health and Human Resources then 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. 140 – “A Bill to repeal §29A-2-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §29A-1-2 of said code; to amend said code by adding thereto two new sections, designated §29A-1-3a and §29A-1-3b; and to amend and reenact §29A-3-1a, §29A-3-4, §29A-3-8, §29A-3-13 and §29A-3-15 of said code, all relating generally to the State Administrative Procedures Act; defining ‘legislative exempt rule’; providing certain technical amendments; providing for nullification and voiding of rules; setting forth requirements for amendments to existing rules, proposed new rules and repeal of existing rules; establishing filing and adoption requirements for legislative exempt rules; making legislative rules effective upon filing; requiring agency to provide list of interested parties with emergency rules; and changing number of copies required when filing an emergency rule”; which was referred to the Committee on Government Organization then 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. 199 – “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by miscellaneous agencies and boards; 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 Board of Registration for Professional Engineers to promulgate a legislative rule relating to the examination, licensure and practice for professional engineers; authorizing Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law-enforcement training and certification standards; authorizing Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for registration and renewal of appraisal management companies; authorizing Board of Medicine to promulgate a legislative rule relating to licensure, disciplinary and complaint procedures, continuing education and physician assistants; authorizing Enterprise Resource Planning Board to promulgate a legislative rule relating to the enterprise resource planning system user fee; authorizing Board of Physical Therapy to promulgate a legislative rule relating to fees for physical therapists and physical therapist assistants; authorizing Board of Osteopathic Medicine to promulgate a legislative rule relating to fees for services rendered by the board; authorizing Board of Osteopathic Medicine to promulgate a legislative rule relating to osteopathic physician assistants; authorizing Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists; authorizing Board of Pharmacy to promulgate a legislative rule relating to the registration of pharmacy technicians; authorizing Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring; authorizing Board of Pharmacy to promulgate a legislative rule relating to licensure and the practice of pharmacy; authorizing Board of Dental Examiners to promulgate a legislative rule relating to formation and approval of professional limited liability companies; authorizing Board of Dental Examiners to promulgate a legislative rule relating to the board; authorizing Board of Dental Examiners to promulgate a legislative rule relating to dental recovery networks; authorizing Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of dental corporations and dental practice ownership; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to frozen desserts and imitation frozen desserts; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to auctioneers; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to fee structure for the Pesticide Control Act of 1990; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to the West Virginia Plant Pest Act; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to inspection of meat and poultry; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to the West Virginia Spay Neuter Assistance Program; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to livestock care standards; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to equine rescue facilities; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to the Rural Rehabilitation Loan Program; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to aquaculture importation; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to industrial hemp; authorizing Commissioner of Agriculture to promulgate a legislative rule relating to dangerous wild animals; authorizing Secretary of State to promulgate a legislative rule relating to the procedures for recount of election results; authorizing Secretary of State to promulgate a legislative rule relating to the standards and guidelines for electronic notarization; authorizing Secretary of State to promulgate a legislative rule relating to notaries public; authorizing Secretary of State to promulgate a legislative rule relating to a schedule of fees for notaries public; authorizing Family Protection Services Board to promulgate a legislative rule relating to perpetrator intervention programs licensure; authorizing Family Protection Services Board to promulgate a legislative rule relating to domestic violence program licensure standards; authorizing Family Protection Services Board to promulgate a legislative rule relating to the Monitored Parenting and Exchange Program certification; authorizing Family Protection Services Board to promulgate a legislative rule relating to the operation of the board; and authorizing Family Protection Services Board to promulgate a legislative rule relating to perpetrator intervention programs licensure for correctional institutions”; 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. 273 – “A Bill to amend and reenact §11-16-3, §11-16-6, §11-16-9 and §11-16-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §11-16-6a and §11-16-6b, all relating to brewer, resident brewer and brewpub licensing and operations; clarifying definitions; providing legislative findings; authorizing licensed brewers and resident brewers to offer complimentary nonintoxicating beer and nonintoxicating craft beer samples; authorizing licensed brewers and resident brewers to sell growlers with limitations; authorizing licensed brewpubs, Class A retail dealers, Class B retail dealers, private clubs, Class A retail licensees and Class B retail licensees to sell growlers with limitations; clarifying licensing and operational requirements for brewers, resident brewers and brewpubs; changing the license fee schedule for certain brewers and resident brewers; decreasing the license fee for brewpubs; requiring brewers and resident brewers to submit annual reports of production; and removing brewpub bonding requirements”; which was referred to the Committee on Small Business, Entrepreneurship and Economic Development then 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. 304 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-35-1, §19-35-2, §19-35-3, §19-35-4 and §19-35-5, all relating to farmers markets; stating purpose and definitions; establishing farmers market vendor permit, scope and fees; permitting consignment farmers markets; and requiring rulemaking”; which was referred to the Committee on Agriculture and Natural Resources 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. 351 – “A Bill to amend and reenact §29-19-5 of the Code of West Virginia, 1931, as amended, relating to contribution levels by charitable organizations necessary for submission of an audit report of the organization by an independent certified public accountant; and requiring additional information on registration statement”; 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. 353 – “A Bill to amend and reenact §17C-16-4 of the Code of West Virginia, 1931, as amended, relating to designating the Superintendent of the West Virginia State Police as current administrator and enforcer of the motor vehicle inspection program”; which was referred to the Committee on Roads and Transportation then 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 

            S. B. 360 – “A Bill to repeal §51-4-9 and §51-4-11 of the Code of West Virginia, 1931, as amended, relating to outdated provisions containing circuit clerk responsibilities with regard to indexes of books and reports concerning claims against the state”; 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. 373 – “A Bill to amend and reenact §17D-2A-4 of the Code of West Virginia, 1931, as amended, relating to allowing image displayed on a wireless communication device to serve as proof of insurance on a motor vehicle”; which was referred to the Committee on Banking and Insurance then 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. 399 – “A Bill to amend and reenact §16-5G-2 and §16-5G-4 of the Code of West Virginia, 1931, as amended, all relating to hospitals owned or operated by nonprofit corporations, nonprofit associations or local governmental units; clarifying that these hospitals may have only one governing body whose meetings shall be open to the public; enumerating matters which may be acted upon in executive session; and clarifying and expanding authorization for holding of executive sessions”; which was referred to the Committee on Health and Human Resources then 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. 403 – “A Bill to amend and reenact §17A-4A-15 of the Code of West Virginia, 1931, as amended, relating to liens on vehicles; expanding period of time during which a recorded lien on a vehicle is valid; expanding period of time during which a refiled lien on a vehicle is valid; and clarifying that the lienholder may refile a lien or encumbrance without obtaining the owner’s consent”; which was referred to the Committee on Roads and Transportation then 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. 418 – “A Bill to amend and reenact §38-1-7 of the Code of West Virginia, 1931, as amended, relating to providing that a defendant in a civil action to recover a deficiency after a sale under a deed of trust may not assert as a defense that fair market value was not obtained for property sold at foreclosure sale”; 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 

            S. B. 463 – “A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Health and Human Resources, Division of Human Services - Health Care Provider Tax - Medicaid State Share Fund, fund 5090, fiscal year 2015, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015”; which was referred to the Committee on Finance.

             A message from the Senate, by

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

            S. B. 466 - “A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Commerce, Workforce West Virginia - Workforce Investment Act, fund 8749, fiscal year 2015, organization 0323, and to the Department of Commerce, Office of the Secretary - Office of Economic Opportunity - Community Services, fund 8781, fiscal year 2015, organization 0327, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 467 – “A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Agriculture, State Conservation Committee, fund 8783, fiscal year 2015, organization 1400, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 469 – “A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Environmental Protection, Division of Environmental Protection, fund 8708, fiscal year 2015 organization 0313, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 471 - “A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Health and Human Resources, Human Rights Commission, fund 8725, fiscal year 2015, organization 0510, to the Department of Health and Human Resources, Division of Human Services, fund 8722, fiscal year 2015, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015”; which was referred to the Committee on Finance.

             A message from the Senate, by

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

            S. B. 473 - “A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 8741, fiscal year 2015, organization 0612, by supplementing and amending the appropriations for the fiscal year ending June 30, 2015”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 475 - “A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Military Affairs and Public Safety, West Virginia Division of Corrections - Parolee Supervision Fees, fund 6362, fiscal year 2015, organization 0608, and to the Department of Military Affairs and Public Safety, West Virginia State Police - Motor Vehicle Inspection Fund, fund 6501, fiscal year 2015, organization 0612, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 476 - “A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Administration, Division of Purchasing - Purchasing Improvement Fund, fund 2264, fiscal year 2015, organization 0213, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 477 - “A Bill supplementing, amending, decreasing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2015, organization 0803, for the fiscal year ending June 30, 2015”; 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 request the concurrence of the House of Delegates in the passage, of

            S. B. 484 - “A Bill to amend and reenact §6-6-7 of the Code of West Virginia, 1931, as amended, relating to altering ways to remove public officials”; which was referred to the Committee on Political Subdivisions then the Judiciary.

            A message from the Senate, by

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

            S. B. 489 - “A Bill to amend and reenact §55-2-6a of the Code of West Virginia, 1931, as amended, relating to imposing a statute of limitations for bringing a civil action derived from actual surveying of real property more than ten years after performance or furnishing of services”; 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

            S. B. 498 - “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 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; and specifying certain fees”; 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

            S. B. 507 - “A Bill to amend and reenact §31-20-5e of the Code of West Virginia, 1931, as amended, relating to allowing emails and other types of electronic communications to and from regional jail inmates be monitored, intercepted, recorded and disclosed; and providing exception for attorney-client privileged communications”; 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 request the concurrence of the House of Delegates in the passage, of

            S. B. 508 - “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 of said code; 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 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 authority; converting authority to a joint development entity of counties; altering composition of 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 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.”

            At the respective requests of Delegate Cowles, and by unanimous consent, reference of the bill (S. B. 508) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            A message from the Senate, by

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

            S. B. 523 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-47-1, §16-47-2, §16-47-3, §16-47-4, §16-47-5 and §16-47-6, all relating to obtaining emergency medical assistance for persons who may be experiencing alcohol or drug overdose; establishing short title; stating legislative findings; defining terms; providing immunity from prosecution in limited circumstances for persons who call for emergency medical assistance for person who reasonably appears to be experiencing drug or alcohol overdose; specifying actions that must be taken to be eligible for immunity from prosecution for certain misdemeanor offenses; providing seeking emergency medical assistance may be raised as mitigating factor at sentencing in certain criminal proceedings; clarifying limited immunity does not preclude civil claims based on violation of misdemeanor criminal statutes at issue; providing option of limited immunity from prosecution; and providing deferred prosecution, pretrial diversion, adjudication in drug court and other clemency options for prosecution to consider for persons who experienced drug or alcohol overdose for whom emergency medical assistance was sought; allowing persons to plead guilty to certain exempted criminal offenses if desired; and providing limited civil immunity to law-enforcement officers except in cases of willful, wanton and reckless misconduct in arresting or issuing citations”; which was referred to the Committee on Health and Human Resources then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            S. C. R. 6 – “Requesting that the Division of Highways to name bridge number 41-3-35.96 (41A027), carrying W. Va. Route 3 over I-77/64 in Raleigh County, West Virginia, and locally known as the Harper Road Bridge, the ‘John Thomas Scott II Memorial Bridge’.”

            Whereas, John Thomas Scott II was the son of J. T. and Lynn Scott of Beckley, attended Central Elementary, Crescent Elementary and Park Junior High School and graduated from Independence High School in June, 2006; and

            Whereas, John Thomas Scott II played Beckley Little League baseball for six years and was on the wrestling teams at Park Junior High School and Independence High School; and

            Whereas, John Thomas Scott II was a member of the First Baptist Church in Beckley; and

            Whereas, John Thomas Scott II, age eighteen, died September 9, 2006, as a result of a motorcycle accident; and

            Whereas, Throughout his lifetime, John Thomas Scott II showed great kindness and compassion toward others; and

            Whereas, John Thomas Scott II, from an early age, expressed a desire to become a State Police trooper. He focused his senior project around this interest and, at the time of his death, was preparing to take the civil service police test for the City of Beckley; and

            Whereas, John Thomas Scott II enjoyed outdoor activities, including snowboarding and fishing; and

            Whereas, Members of the Exile Car Club have organized an annual car show to raise money for scholarships to assist recipients with expenses of college or technical school. The John Thomas Scott II scholarship is to be awarded annually to an “average student with a C or B grade point” who demonstrates both merit and financial need and who is a senior graduating from Independence, Shady Spring or Woodrow Wilson High Schools; and  

            Whereas, It is fitting to establish a lasting memorial to this young man who exemplified true friendship to those who knew him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 41-3-35.96 (41A027), carrying W. Va. Route 3 over I-77/64 in Raleigh County, West Virginia, and locally known as the Harper Road Bridge, the “John Thomas Scott II Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “John Thomas Scott II Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 14 – “Requesting the Division of Highways erect signs along Interstate-79 at locations entering Marion County on the borders of Harrison and Monongalia counties and the signs shall respectively exhibit ‘Home of Francis H. Pierpont – Father of West Virginia and Governor of Restored Virginia’.”

            Whereas, Francis H. Pierpont was one of the Delegates to the Great Railroad Convention to develop a strategy to bring the Baltimore and Ohio Railroad into Marion County; and

            Whereas, Francis H. Pierpont, working along with James Otis Watson, opened the first rail-shipping bituminous coal mine west of the Allegheny Mountains; and

            Whereas, May 13, 1861, Francis H. Pierpont became Delegate of the First Wheeling Convention; and

            Whereas, June 20, 1861, Francis H. Pierpont was elected Provisional Governor of Restored Virginia by a unanimous 77 votes; and

            Whereas, May 13, 1862, Francis H. Pierpont called a special session of the Restored Virginia General Assembly which granted counties in Northwestern Virginia permission for their separation from the remainder of Virginia and the formation of a new state into the Union: West Virginia; and

            Whereas, May 22, 1862, Francis H. Pierpont was elected Governor of the Restored Virginia; and

            Whereas, June 1863, Francis H. Pierpont declined to be Governor of West Virginia - remaining Governor of Restored Virginia until April 4, 1868; and

            Whereas, In 1869, Francis H. Pierpont was elected to the West Virginia Legislature; and

            Whereas, Francis H. Pierpont established the first local school for African Americans; and

            Whereas, April 30, 1910, a statue honoring Francis H. Pierpont as the “Father of West Virginia” was accepted by the Capitol Building in Washington, D.C., one of only two statues representing West Virginia in Statuary Hall in the United States Capitol Building; and

            Whereas, Stephen B. Elkins, former Secretary of War, on the day of the statue dedication proclaimed, “He (Francis H. Pierpont) founded a state whose people will love and bless his memory as the sun rolls on.”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to erect signs along Interstate-79 at locations entering Marion County on the borders of Harrison and Monongalia counties and the signs shall respectively exhibit “Home of Francis H. Pierpont – Father of West Virginia and Governor of Restored Virginia”; and, be it

            Further Resolved, That the Division of Highways is to have made and be placed brown-colored signs along Interstate 79 at locations entering Marion County on the borders of Harrison and Monongalia counties and said signs shall respectively exhibit “Home of Francis H. Pierpont – Father of West Virginia and Governor of Restored Virginia”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Marion County Commission and the Marion County Historical Society.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            Com. Sub. for S. C. R. 18 – “Requesting the Division of Highways name the bridge on WV Route 20 over Fishing Creek, South Fork, in Wetzel County, locally known as the Pine Grove Bridge, bridge number 52-20-16.04, as the ‘U. S. Army COL William L. Glover Memorial Bridge’.”

            Whereas, Colonel Glover was born in Pine Grove, West Virginia, on May 27, 1939, the son of Herdman and Merle Glover, and graduated from Pine Grove High School in 1957; and

            Whereas, Colonel Glover attended West Virginia University and was a member of the ROTC program. He graduated in 1961 with a degree in business and entered the United States Army as a Second Lieutenant; and

            Whereas, During his distinguished military career, Colonel Glover was stationed in France and Korea before serving a tour of duty in Vietnam, where he was awarded the Bronze Star for his service; and

            Whereas, Colonel Glover was commissioned a Colonel in 1982 with the United States Army, retired in 1991 with 30 years of honorable military service to his country and afterward he resided in Massachusetts where he worked as a computer consultant; and

            Whereas, After a brief stint in Arizona, Colonel Glover moved back to West Virginia and in 1997 married his beloved wife Nelda E. Kocher, a fellow graduate of Pine Grove High School; and

            Whereas, Colonel Glover loved to sing, which lead him to record as a teenager and later in life he was a prominent voice in his church choir and performed in musicals; and

            Whereas, Sadly, Colonel Glover passed away on July 20, 2012, leaving behind his wife Nelda, sister Beulah, a daughter, two sons, a stepdaughter, six grandchildren, three step-grandchildren and three step-great grandsons, and a legacy of dedicated public and military service to his country and to his family and friends; and

            Whereas, As it was his wish, Colonel Glover was buried on January 25, 2013, in his final resting place, Arlington National Cemetery; and

            Whereas, It is fitting that an enduring memorial be established to commemorate a native son who so ably served his state and his country by naming the bridge on WV Route 20 over Fishing Creek, South Fork, in Wetzel County, locally known as the Pine Grove Bridge, bridge number 52-20-16.04, as the “U. S. Army Colonel William L. Glover Memorial Bridge”; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge on WV Route 20 over Fishing Creek, South Fork, in Wetzel County, locally known as the Pine Grove Bridge, bridge number 52-20-16.04, as the “U. S. Army COL William L. Glover Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army COL William L. Glover Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to Colonel Glover’s widow, Nelda E. Glover.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            Com. Sub. for S. C. R. 19 – “Requesting the Division of Highways name that stretch of WV Route 37 beginning at the Town of Wayne, mile post 16.0, and running to the Lincoln County line in Wayne County, mile post 38.0, the ‘Darrell W. Sanders Memorial Highway’.”

            Whereas, Darrell W. Sanders was born in Wayne, West Virginia, on October 6, 1945, where he grew up and was educated in the local schools. He held the rank of SP4 in the United States Army when he was killed in Vietnam on November 17, 1965, at the age of 20; and

            Whereas, His service and ultimate sacrifice to his country, state and county should not go unnoticed; and

            Whereas, Naming that stretch of WV Route 37 in Wayne County the “Darrell W. Sanders Memorial Highway” is an appropriate recognition of his service and sacrifice; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name that stretch of WV Route 37 beginning at the Town of Wayne, mile post 16.0, and running to the Lincoln County line in Wayne County, mile post 38.0, the “Darrell W. Sanders Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road as the “Darrell W. Sanders Memorial Highway”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the surviving family of Darrell W. Sanders.

Miscellaneous Business

            Delegate Canterbury filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2881.

            Delegate Hamrick filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2881.

            Delegate Marcum filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2097, H. B. 2104, H. B. 2236, H. B. 2471, H. B. 2494, H. B. 2732, 2753, H. B. 2961 and H. B. 2123.

            Delegate McCuskey filed forms with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2797 and H. B. 2885.

            At 6:59 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 26, 2015.