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, March 4, 2015

FIFTIETH DAY

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

 

 

            The House of Delegates met at 9:00 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, March 3, 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 moved Com. Sub. for S. B. 343, S. B. 502, H. B. 2816 and H. B. 3018, on third reading, Special Calendar to the House Calendar; Com. Sub. for H. B. 2636, third reading Special Calendar to follow Com. Sub. for H. B. 2756; and H. B. 2931, H. B. 2939 and H. B. 2968, third reading Special Calendar, to follow H. B. 2595.

 

Messages from the Executive

State of West Virginia

Office of the Governor

1900 Kanawha Blvd., East

Charleston, WV 25305

 

March 2, 2015

 

Veto Message

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

Room 229M, Building 1

State Capitol

Charleston, West Virginia 25305

            Re: Enrolled Committee Substitute for House Bill No. 2568

Dear Speaker Armstead:

            Pursuant to the provisions of section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for House Bill No. 2568. I am advised the bill is unconstitutional under controlling precedent of the Supreme Court of the United States because it prohibits the termination of certain pregnancies prior to viability. See Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U. S. 833, 879 (1992) (holding a state “may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability”); see also Isaacson v. Horne, 716 F.3d 1213 (9th Cir. 2013), cert. denied, 134 S. Ct. 905 (Jan. 13, 2014) (declaring Arizona’s fetal pain statute unconstitutional; statute prohibited the termination of pregnancy at twenty weeks gestation, before the fetus is viable).

                                                                                    Sincerely,

                                                                                    Earl Ray Tomblin,

                                                                                         Governor.

            On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill, notwithstanding the objections of the Governor.

            The Speaker propounded, “Shall the bill pass, notwithstanding the objections of the Governor?”

            On this question, the yeas and nays were taken (Roll No. 332), and there were--yeas 77, nays 16, absent and not voting 7, with the yeas, nays and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Boggs, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Cooper, Cowles, Deem, Duke, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Ferro, Folk, Foster, Frich, Gearheart, Hamilton, Hamrick, Hartman, Hicks, Householder, Howell, Ihle, Ireland, Kessinger, Kurcaba, Lane, Lynch, Manchin, Marcum, McCuskey, McGeehan, Moye, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Perry, R. Phillips, Rodighiero, Romine, Rowan, Shott, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Upson, Wagner, Walters, Waxman, Weld, Westfall, B. White, H. White, Williams, Zatezalo and Mr. Speaker (Mr. Armstead).

            Nays: Caputo, Fleischauer, Fluharty, Guthrie, Hornbuckle, Longstreth, Miley, Moore, Morgan, Perdue, Pethtel, L. Phillips, Pushkin, Rowe, Skinner and Trecost.

            Absent And Not Voting: Hanshaw, Hill, Kelly, Miller, Moffatt, Reynolds and Rohrbach.

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

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

Resolutions Introduced

            Delegates Sobonya, Rohrbach, Duke, Moffatt, Summers, Hicks, Arvon, Bates, Byrd, A. Evans, Faircloth, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hamrick, Hill, Howell, Lynch, McGeehan, Morgan, Moye, Perdue, Perry, R. Phillips, Pushkin, Romine, Rowe, P. Smith, Stansbury, Statler, Waxman and B. White offered the following resolution, which was read by its title and referred to the Committee Rules:

            H. C. R. 108 - “Requesting the Joint Committee on Government and Finance study a program called Recovery Kentucky, which is designed to reduce the state's drug problem and homelessness issues. The program provides housing and recovery services to help residents recover from substance abuse, which often leads to chronic homelessness.”

            Whereas, West Virginias citizens suffer from substance abuse problems in large numbers, and also the rate of drug-induced deaths is one of the highest in the country; and

            Whereas, Without a stable place to live and a support system to help them address their underlying problems, many homeless people who suffer from substance abuse problems move between shelters, public hospitals, prisons, psychiatric institutions, and detoxification centers; and

            Whereas, Inmates who are approaching parole and release, especially those with a history of substance abuse, need transition services that assist their reintegration into the community; and

            Whereas, Other states have successfully enacted laws and programs that assist adults that are seeking recovery from alcohol and other drugs by providing services for abstinence and recovery; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance study the desirability, feasibility and cost of implementing a program similar to Recovery Kentucky, which is designed to address resident's substance abuse problems and chronic homelessness, as well as save the state's tax dollars that would have been spent on jail costs and emergency room visits; and, be it

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

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

Special Calendar

Unfinished Business

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

            Com. Sub. for H. R. 13, Self Injury Awareness Day,

            Com. Sub. for S. C. R. 14, Requesting DOH erect signs in Marion County designated “Home of Francis H. Pierpont, Father of West Virginia and Governor of Restored Virginia”,

            And,

            H. C. R. 91, Designating days for the display of the Honor and Remember Flag.

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

Third ReadingCom. Sub. for H. J. R. 13, The Homestead Exemption Increase Amendment; on third reading, coming up in regular order, was read a third time.

            Delegates Ambler, Anderson, Boggs, Cadle, Cooper, Duke, A. Evans, Guthrie, Hartman, Ireland, Kelly, Lynch, Overington, Romine, Perdue, Perry, Pethtel, L. Phillips, Rowe, Shott, P. Smith, H. White, Williams and Zatezalo requested to be excused from voting on the passage of H. J. R. 13 under the provisions of House Rule 49.

            The Speaker replied that the Delegates may have a direct interest therein but that it would be as members of a class of person possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.

            On the adoption of the resolution, the yeas and nays were taken (Roll No. 333), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows: 

            Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Boggs, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Deem, Duke, Eldridge, Ellington, Espinosa, Evans, A., Faircloth, Fast, Ferro, Fleischauer, Fluharty, Folk, Foster, Frich, Guthrie, Hamilton, Hamrick, Hartman, Hicks, Hill, Hornbuckle, Householder, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Longstreth, Lynch, Manchin, Marcum, McCuskey, McGeehan, Miley, Moore, Morgan, Moye, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pushkin, Rodighiero, Rohrbach, Romine, Rowan, Rowe, Shott, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Trecost, Upson, Wagner, Walters, Waxman, Weld, Westfall, H. White, Williams, Zatezalo and Mr. Speaker (Mr. Armstead).

            Nays: D. Evans, Gearheart and B. White.

            Absent And Not Voting: Hanshaw, Miller, Moffatt and Reynolds.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the resolution (Com. Sub. for H. J. R. 13) adopted, as follows:

            Com. Sub. for H. J. R. 13 – “Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section one-d, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.”

            Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

            That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2016, which proposed amendment is that article X thereof, be amended by adding thereto a new section, designated section one-d, to read as follows:

ARTICLE X. TAXATION AND FINANCE.

§1d. Increase in Homestead Exemption.

            Notwithstanding the provisions of section one of this Article or any other provision of this Constitution to the contrary, the Legislature has the authority to provide by general law to increase the exemption from ad valorem property taxation authorized by Subsection C, Section 1b, Article X, of this Constitution, in an amount not less than the first twenty thousand dollars nor more than the first forty thousand dollars of value of any real property, or of personal property in the form of a mobile home, used exclusively for residential purposes and occupied by the owner or one of the owners thereof as his or her residence who is a citizen of this state, and who is sixty-five years of age or older or is totally and permanently disabled as that term may be prescribed by general law: Provided, That in no event may any one person and his or her spouse, or one homestead be entitled to more than one exemption under these provisions: Provided, however, That these provisions are subject to requirements, limitations and conditions as shall be prescribed by general law: Provided, further, That any property tax revenue decrease experienced by a county adopting an increase to the exemption as provided in this section shall be deducted from that county’s basic state aid allocation provided pursuant to the public school support plan.

            Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1” and designated as the “Homestead Exemption Increase Amendment” and the purpose of the proposed amendment is summarized as follows: “The purpose of this amendment is to authorize the Legislature to provide by general law the authority to increase the homestead exemption from $20,000 to an amount not to exceed $40,000.”.

            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. 2148, Conforming the motor vehicle law of this state to the requirements of section 1405 of the federal Transportation Equity Act for the Twenty-first Century; 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. 334), and there were--yeas 92, nays 4, absent and not voting 4, with the absent and not voting being as follows:

            Absent And Not Voting: Hanshaw, Miller, Moffatt and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2148) 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. 2226, Eliminating dedication of corporation net income tax revenues to and deposits of such revenues into the Special Railroad Intermodal Enhancement Fund; on third reading, coming up in regular order, was reported by the Clerk.

            Delegate E. Nelson asked and obtained unanimous consent to amend the bill on third reading and the rule was suspended to allow the offering and consideration of an amendment on third reading.

            On motion of Delegate E. Nelson, the bill was amended on page one, following the enacting clause, by striking out the enacting section and inserting in lieu thereof the following:

            “That §11-14C-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and than §11-24-43a of said code be amended and reenacted, all to read as follows” followed by a colon.

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

            Delegate Boggs requested to be excused from voting on the passage of H. B. 2226 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Gentleman from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 335), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent And Not Voting: Miller, Moffatt and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2226) passed.

            On motion of Delegate E. Nelson, the title of the bill was amended to read as follows:

            H. B. 2226 - “A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-24-43a of said code, all relating to railroads and railways generally; providing a refundable exemption from the flat rate component of the state motor fuel excise tax on all gallons of motor fuel sold for use or consumed in railroad diesel locomotives beginning on January 1, 2017; and expiring, nulling and voiding provisions requiring the Tax Commissioner to pay into the Special Railroad and Intermodal Enhancement Fund any amount from annual collections of the state corporate net income tax for the purpose of construction, reconstruction, maintenance and repair of railways, the construction of railway-related structures and payment of principal and interest on state bonds issued for railway purposes, as approved by the West Virginia Public Port Authority, on and after July 1, 2015.”

            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. 2233, Requiring that legislative rules be reviewed five years after initial approval by the Legislative Rule-Making Review Committee and the Legislative Auditor’s Office; 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. 336), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent And Not Voting: Azinger, Miller, Moffatt, L. Phillips and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2233) passed.

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

            Com. Sub. for H. B. 2233 - “A Bill to amend and reenact §29A-3-16 of the Code of West Virginia, 1931, as amended, relating to requiring the Legislative Rule-Making Committee with the assistance of the Legislative Auditor’s Office to review each interpretive, procedural and legislative rule promulgated in or after 2015 within at least five years from its effective date, and make recommendations to the Legislature for modification or repeal of any such rule; and requiring submission of summary of findings and recommendations to the Joint Committee on Government and Finance.”.

 

            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. 2263, Providing guidance for prosecuting attorneys in cases involving abused and neglected children;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. 337), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent And Not Voting: Canterbury, Ireland, Lynch, Miller and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2263) 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. 2366, Relating generally to the solicitation of minors; 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. 338), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent And Not Voting: Canterbury, Lynch, Miller, Moffatt and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2366) 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. 2429, Requiring a convicted sex offender who volunteers for an organization whose volunteers have contact with minors to inform that organization of his or her conviction; 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. 339), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent And Not Voting: Canterbury, McGeehan, Miller, Moffatt and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2429) 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. 2479, Relating to the powers and authority of state and local law enforcement to enforce underage drinking laws at private clubs; 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. 340), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows: 

            Nays: McGeehan.

            Absent And Not Voting: Canterbury, Miller and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2479) 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. 2518, Requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience to policyholders; 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. 341), 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: Miller and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2518) 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. 2549, Relating to the preparation and publication of county financial statements; 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. 342), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Hicks, Miller and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2549) 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. 2557, Clarifying that an insured driver of a motor vehicle is covered by the driver’s auto insurance policy when renting or leasing a vehicle; on third reading, coming up in regular order, was read a third time.

            Delegate Pushkin requested to be excused from voting on the passage of Com. Sub. for H. B. 2557 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Gentleman from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 343), and there were--yeas 81, nays 17, absent and not voting 2, with the nays and absent and not voting being as follows: 

            Nays: Boggs, Caputo, Deem, Eldridge, Fluharty, Guthrie, Hicks, Hornbuckle, Lynch, Pushkin, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost and Upson.

            Absent And Not Voting: Miller and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2557) 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. 2595, Relating to certificates of need for the development of health facilities in this state; 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. 344), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows: 

            Nays: Cowles.

            Absent And Not Voting: Miller, Reynolds and Zatezalo.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2595) 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. 2931, Adding drugs to the classification of schedule I drugs; 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. 345), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows: 

            Nays: McGeehan.

            Absent And Not Voting: Miller, Reynolds and Zatezalo.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2931) 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. 2939, Relating to requirements for mandatory reporting of sexual offenses on school premises involving students; 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. 346), and there were--yeas 86, nays 9, absent and not voting 5, with the nays and absent and not voting being as follows: 

            Nays: Azinger, Cadle, Fast, Lynch, McGeehan, Morgan, Perry, P. Smith and Wagner.

            Absent And Not Voting: Marcum, Miller, Moffatt, Reynolds and Westfall.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2939) passed.

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

            At 11:32 a.m., on motion of Delegate Cowles, the House of Delegates recessed until 12:15 p.m.

* * * * * * *

Afternoon Session

* * * * * * *

Reordering of the Calendar

            Delegate Cowles announced that the Committee on Rules had moved Com. Sub. for H. B. 2796 and H. B. 2892 to follow H. B. 2664, on third reading, Special Calendar.

Special Calendar

Third Reading

-Continued-

            Com. Sub. for H. B. 2968, Exempting from property tax certain properties in this state owned by nonprofit youth organizations; on third reading, coming up in regular order, with amendments pending and restricted right to amend, was reported by the Clerk.

            On motion of Delegate Fast, the bill was amended on page seventeen, section twelve, line three hundred ten, following the word “property”, by inserting the words “provided that the area of property to be severed shall be approved by the county commission wherein the property lies so as to include in the severance all property substantially supporting the for profit or business activity giving rise to the specific purpose of the severance and excluding all property entitled to the continued benefits of this Act.”

            On motion of Delegate Perry, the bill was amended on page seventeen, section nine, line three hundred ten, following the period, by inserting a new subsection (i), to read as follows:

            “(i) To assure the implementation of subsection (h) of this section does not harm local and regionally located businesses by use of the tax exempt facility in a manner that cause unfair competition and unreasonable loss or revenue to those businesses, studies shall be periodically conducted to assure that further legislation is in order regarding the uses of the tax exempt facility. The County commission of any county where such a property is located shall report to the Joint Committee on Government and Finance by the first day of January every five years after the effective date of this section. The report shall include information on any unfair business competition resulting from the establishment of the non-profit status, and include a report of the costs and benefits to its county of the tax exemption and associated fee, including an audit of that county’s use of the net revenues. The West Virginia University Bureau of Business and Economic Research in coordination of the Center for Business and Economic Research at Marshall University, by January 1, two thousand twenty, shall undertake a study and report to the Committee, the economic impact of this tax exemption and fee to the county and that region of the state, and make any recommendations regarding the benefits and disadvantages for continuing the provision of this tax exemption and fee, included, but not limited to, the impacts to other small and large businesses in the county, the costs to the county has incurred as a result of use of the facility, and any other relevant data that the universities may deem relevant.

             On motion of Delegates Perry and Ashley, the bill was amended on page nine, section nine, line one-hundred forty-one, following the words “and administration of”, by striking out the word “four” and inserting in lieu thereof the words “one and one quarter”.

            On page nine, section nine, line one-hundred fifty-one, following the words “upon which the”, by striking out the word “four” and inserting in lieu thereof the words “one and one quarter”.

            On page ten, section nine, line one-hundred fifty-six, following the words “an amount equal to”, by striking out the words “four percent of the net revenues” and inserting in lieu thereof the words “one and one quarter percent of the gross revenues”.

            On page ten, section nine, line one-hundred fifty-eight, following the words “this subsection” and the comma, by striking out the words “net revenues” and inserting in lieu thereof the words “gross revenues”.

            On page ten, section nine, line one-hundred sixty, following the words “facilities thereon”, by striking out the comma and the remainder of the subdivision (2), and inserting a period.

            On page ten, section nine, line one-hundred sixty-five, by striking out the words “net revenues” and inserting in lieu thereof the words “gross revenues”.

            On page ten, section nine, beginning on line one-hundred sixty-six, following the words “to a fee of”, by striking out the words “four percent of such net revenues” and inserting in lieu thereof the words “one and one quarter percent of such gross revenues”.

            On page ten, section nine, line one-hundred sixty-eight, by striking out the words “net revenues” and inserting in lieu thereof the words “gross revenues”.

            On page eleven, section nine, line one-hundred seventy-seven, by striking out the words “net revenues” and inserting in lieu thereof the words “gross revenues”.

            On page eleven, section nine, line one-hundred eighty-one, by striking out the words “net revenues” and inserting in lieu thereof the words “gross revenues”.

            On page eleven, section nine, line one-hundred eighty-five, by striking out the words “net revenues” and inserting in lieu thereof the words “gross revenues”.

            On page twelve, section nine, line one-hundred ninety-four, by striking out the words “net revenues” and inserting in lieu thereof the words “gross revenues”.

            On page twelve, section nine, line two hundred, by striking out the words “net revenues” and inserting in lieu thereof the words “gross revenues”.

            On page thirteen, section nine, line two-hundred seventeen, following the words “subject to the”, by striking out the word “four” and inserting in lieu thereof the words “one and one quarter”.

            On page thirteen, section nine, line two-hundred twenty-seven, following the words “subject to the”, by striking out the word “four” and inserting in lieu thereof the words “one and one quarter”.

            On page fourteen, section nine, line two-hundred thirty-four, following the words “from the fee of”, by striking out the words “four percent of the net revenues” and inserting in lieu thereof the words “one and one quarter percent of the gross revenues”.

            And,

            On page fourteen, section nine, beginning on line two-hundred forty, following the words “reporting of the”, by striking out the words “four percent fee specified in this subsection on net revenues” and inserting in lieu thereof the words “one and one quarter percent fee specified in this subsection on gross revenues”.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 347), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent And Not Voting: Lynch, Miller and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2968) passed.

            On motion of Delegate E. Nelson, the title of the bill was amended to read as follows:

            Com. Sub. for H. B. 2968 - “A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting from property tax certain real properties in this state owned by nonprofit youth organizations and built at a cost of at least $100 million; specifying restrictions affecting the property; specifying permitted activities; requiring property owner to pay one and one quarter percent of gross revenues from specified uses, operations and activities; specifying how one and one quarter percent fee is administered, specifying how monies derived from one and one quarter percent fee are distributed; requiring reports; and defining terms.”

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

            H. B. 2645, Expanding the availability of the Underwood-Smith Teacher Loan Assistance 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. 348), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent And Not Voting: Lynch, Miller and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2645) passed.

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

            H. B. 2645 - “A Bill to amend and reenact §18C-4A-1, §18C-4A-2, and §18C-4A-3 of the Code of West Virginia, 1931, as amended, all relating to modifying the Underwood-Smith Teacher Loan Assistance Program; increasing annual award from program; and expanding teacher eligibility for program awards.”

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

            H. B. 2664, Creating “Andrea and Willy’s Law”; increasing certain penalties for driving under the influence of alcohol, controlled substances or drugs; 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. 349), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent And Not Voting: Lynch, Miller and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2664) 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. 2796, Providing paid leave for certain state officers and employees during a declared state of emergency; 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. 350), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent And Not Voting: Lynch, Miller and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2796) 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. 2892, Authorizing certain legislative rules regarding higher education; 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. 351), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent And Not Voting: Lynch, Miller and Reynolds.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2892) passed.

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

            On this question, the yeas and nays were taken (Roll No. 352), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent And Not Voting: Lynch, Miller and Reynolds.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2892) takes effect from 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. 2688, Providing for the unitization of interests in drilling units in connection with all horizontal oil or gas wells; on third reading, coming up in regular order, was read a third time.

            Delegate Cowles submitted a written motion, limiting debate on the bill to four hours, in accordance with House Rule 38.

            Delegate O’Neal demanded the previous question, which demand was sustained.

            The question before the House being the motion by Delegate O’Neal, the same was put and prevailed.

            Delegate Deem was recognized and arose to a point of order, seeking to amend the motion.

            The Speaker stated that the previous question had been called, and the question now before the House being on the motion by Delegate Cowles, the yeas and nays were demanded, which demand was sustained.

            On this question, the yeas and nays were taken (Roll No. 353), and there were--yeas 52, nays 44, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Bates, Boggs, Butler, Campbell, Caputo, Eldridge, Faircloth, Fast, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Hartman, Hicks, Hornbuckle, Howell, Ihle, Lane, Longstreth, Manchin, Marcum, McCuskey, McGeehan, Miley, Moffatt, Moore, Morgan, Moye, J. Nelson, Overington, Pasdon, Perdue, Perry, Pethtel, L. Phillips, Rodighiero, Shott, Skinner, Sponaugle, Trecost, Wagner, H. White and Williams.

            Absent And Not Voting: Lynch, Miller, Pushkin and Reynolds.

            So, a majority of the members elected having voted in the affirmative, the motion prevailed.

Speaker Pro Tempore Anderson in the Chair

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of Com. Sub. for H. B. 2688 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that Mr. Armstead was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse him from voting.

            Delegate Howell requested to be excused from voting on the passage of Com. Sub. for H. B. 2688 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

Mr. Speaker, Mr. Armstead, in the Chair

            Delegate J. Nelson requested to be excused from voting on the passage of Com. Sub. for H. B. 2688 under the provisions of House Rule 49.

            The Speaker replied that the Delegate may have a direct interest therein but that it would be a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 354), and there were--yeas 60, nays 40, absent and not voting none, paired 2, with the nays and paired being as follows: 

            Nays: Azinger, Blair, Butler, Caputo, Cowles, Eldridge, Faircloth, Fast, Ferro, Fleischauer, Fluharty, Folk, Frich, Gearheart, Guthrie, Hamilton, Hicks, Hill, Householder, Howell, Ihle, Kurcaba, Lane, Lynch, Manchin, McGeehan, J. Nelson, Perdue, L. Phillips, Pushkin, Rodighiero, Rowe, P. Smith, Sponaugle, Storch, Summers, Trecost, Wagner and Weld.

            Pursuant to House Rule 43, the following pairs were filed and announced by the Clerk:

            Paired:

                        Yea:     Miller             Nay:    Longstreth

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2688) 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. 2712, Relating to employment and privacy protection; 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. 355), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows: 

            Nays: Ambler, Cooper and D. Evans.

            Absent And Not Voting: Deem, Guthrie, Kelly and Miller.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2712) passed.

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

            At 5:05 p.m., Delegate Cowles moved that the House of Delegates recess until 5:45 p.m., which motion was not adopted.

            At 5:07, Delegate Cowles again moved that the House of Delegates recess until 5:45 p.m., which motion was adopted.

            Com. Sub. for H. B. 2717, Relating to hiring of public school employees; 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. 356), and there were--yeas 63, nays 31, absent and not voting 6, with the nays and absent and not voting being as follows: 

            Nays: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Folk, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Rowe, Skinner, P. Smith, Sponaugle, Trecost and Williams.

            Absent And Not Voting: Arvon, Deem, Guthrie, Kelly, Miller and Summers.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2717) 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. 2756, Authorizing appointees or employees of the Alcohol Beverage Control Commissioner to carry concealed handguns; 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. 357), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Arvon, Deem, Guthrie, Kelly, Miller and Summers.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2756) 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. 2636, Exempting information contained in a concealed weapon permit application from the Freedom of Information Act; on third reading, coming up in regular order, was read a third time.

            Delegate Moye requested to be excused from voting on the passage of Com. Sub. for H. B. 2636 under the provisions of House Rule 49.

            The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 358), and there were--yeas 95, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Guthrie, Kelly, Miller and Summers.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2636) 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. 2795, Providing that when a party's health condition is at issue in a civil action, medical records and releases for medical information may be requested and required without court order; 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. 359), and there were--yeas 74, nays 19, absent and not voting 7, with the nays and absent and not voting being as follows: 

            Nays: Bates, Campbell, Fast, Fleischauer, Fluharty, Folk, Gearheart, Hicks, Hornbuckle, Lynch, Manchin, Marcum, Moye, Perdue, Perry, Pushkin, Rodighiero, Skinner and Upson.

            Absent And Not Voting: Boggs, Deem, Guthrie, Kelly, Miller, R. Phillips and Summers.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2795) 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. 2805, Transferring to an adult correctional facility any juvenile whose sentence runs beyond his or her eighteenth birthday; 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. 360), and there were--yeas 93, nays 1, absent and not voting 6, paired 2, with the paired and absent and not voting and being as follows: 

            Pursuant to House Rule 43, the following pairs were filed and announced by the Clerk:

            Paired:

                        Yea:    R. Phillips                   Nay: Pushkin

            Absent And Not Voting: Boggs, Deem, Guthrie, Kelly, Miller and Summers.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2805) 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. 2810, Implementing the West Virginia Property Rescue Initiative to reduce the number of properties posing a threat to public health and safety; 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. 361), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows: 

            Nays: Waxman.

            Absent And Not Voting: Boggs, Deem, Guthrie, Kelly, Miller, R. Phillips and Summers.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2810) 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. 2828, Modifying the requirements that allow a child witness to testify by closed circuit television; 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. 362), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

            Absent And Not Voting: Boggs, Deem, Guthrie, Kelly, Miller, R. Phillips and Summers.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2828) 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. 2867, Requiring recommendations for higher education course credit transfer; 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. 363), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

            Absent And Not Voting: Boggs, Deem, Guthrie, Kelly, Miller, R. Phillips and Summers.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2867) 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. 2902, West Virginia ABLE Act; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 364), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows: 

            Nays: McGeehan.

            Absent And Not Voting: Boggs, Deem, Guthrie, Kelly, Miller, R. Phillips and Summers.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2902) 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. 2926, Relating to deferral charges in connection with a consumer credit sale or consumer loan; 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. 365), and there were--yeas 81, nays 11, absent and not voting 8, with the nays and absent and not voting being as follows: 

            Nays: Fleischauer, Hicks, Lane, Lynch, Marcum, Perdue, Pushkin, Reynolds, Rodighiero, Rowe and Sponaugle.

            Absent And Not Voting: Boggs, Deem, D. Evans, Guthrie, Kelly, Miller, R. Phillips and Summers.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2926) passed.

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

            H. B. 2926 - “A Bill to amend and reenact §46A-3-114 of the Code of West Virginia, 1931, as amended, relating to making and collecting deferral charges in connection with a consumer credit sale or consumer loan, refinancing or consolidation; making and collecting modification charges in connection with a consumer credit sale or consumer loan, refinancing or consolidation; specifying the requirements for a modification; and requiring the Commissioner of Financial Institutions to prescribe by rule the method or procedure for the calculation of deferral charges for certain consumer credit sale or consumer loans.”

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

            H. B. 3019, Requiring official business and records of the state and its political subdivisions be conducted in English; 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. 366), and there were--yeas 88, nays 4, absent and not voting 8, with the nays and absent and not voting being as follows: 

            Nays: Fleischauer, Hornbuckle, Pushkin and Skinner.

            Absent And Not Voting: Boggs, Deem, Guthrie, Kelly, Miller, Moore, R. Phillips and Summers.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3019) passed.

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

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. 351, Relating to charitable organization contribution levels requiring independent audit reports,

            Com. Sub. for S. B. 374, Permitting in absentia parole hearings in certain instances,

            Com. Sub. for S. B. 375, Specifying who receives parole hearing notices via regular or certified mail,

            S. B. 472, Making supplementary appropriation to DOT, DMV, Motor Vehicle Fees Fund,

            S. B. 475, Making supplementary appropriation to DMAPS, Division of Corrections, Parolee Supervision Fees, and WV State Police, Motor Vehicle Inspection Fund,

            S. B. 507, Relating to monitoring inmates’ electronic communications,

            And,

            S. B. 559, Relating to social work licensing exemptions.

Messages from the Senate

            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:

            Com. Sub. for H. B. 2157, Relating to absentee ballot fraud.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:

            H. B. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.

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

            The following Senate amendments were reported by the Clerk:

            On page three, section eighteen-d, lines thirty-one and thirty-two, by striking out “With a minimum of ten percent of the aforementioned fifty percent being used to fund veteran-related projects.”

            Delegate Cowles moved that the House of Delegates concur in the Senate amendments.

            Delegate Cowles then asked and obtained unanimous consent that the motion be withdrawn.

            On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendments and requested that the Senate recede therefrom.

            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 refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

            H. B. 2576, Creating new code sections which separate the executive departments.

            The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

            Senators Blair, Boso and Miller.

            On motion of Delegate Cowles, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates Arvon, Hill and R. Phillips.

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

            A message from the Senate, by

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

            S. B. 310 - “A Bill to amend and reenact §11-13-3 of the Code of West Virginia, 1931, as amended, relating to exempting nonprofit public utility companies from the West Virginia Business and Occupation Tax”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect April 13, 2015, of

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

            Delegate Cowles moved that the bill take effect April 13, 2015.

            On this question, the yeas and nays were taken (Roll No. 367), and there were--yeas 86, nays 4, absent and not voting 10, with the nays and absent and not voting being as follows: 

            Nays: Blair, Foster, Hicks and Ihle.

            Absent And Not Voting: Boggs, Deem, Ferro, Fleischauer, Guthrie, Kelly, Kessinger, Miller, R. Phillips and Summers.

            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. 361) takes effect April 13, 2015.

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

            A message from the Senate, by

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

            S. B. 550 - “A Bill to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-12-16 of said code, all relating to authorizing county commissions and municipalities to cooperate and enter into agreements removing or demolishing dwellings or buildings unfit for human habitation; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 580 - “A Bill to amend and reenact §55-7B-4 of the Code of West Virginia, 1931, as amended, relating to the statute of limitations on claims by minors for health care injuries under the Medical Professional Liability Act”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2015, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 581 - “A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-1-3 of said code, all relating to transferring the Courtesy Patrol from Division of Tourism to Division of Highways; eliminating requirement that moneys be transferred from the Tourism Promotion Fund to the Courtesy Patrol Fund; and specifying how funds may be spent”; which was referred to the Committee on Finance.

            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:

            S. C. R. 31 - “Authorizing the Joint Select Committee on Tax Reform, created under the authority of Joint Rule 12, to meet to study tax reform in West Virginia.

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby authorizes the Joint Select Committee on Tax Reform to study the West Virginia tax system for the purpose of preparing a report with recommendations for comprehensive tax reform; and, be it

            Further Resolved, That the Joint Select Committee on Tax Reform may meet after the adjournment sine die of the Regular Session of the 2015 Legislature, under the supervision of the Joint Committee on Government and Finance, and all members of the committee are entitled to compensation and reimbursement for expenses as authorized for members of the Legislature in accordance with the performance of their interim duties; and, be it

            Further Resolved, That, at the conclusion of its study, the Joint Select Committee on Tax Reform report to the Joint Committee on Government and Finance its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

            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:

            S. C. R. 37 - “Requesting Joint Committee on Government and Finance study future legislation relating to the pharmaceutical benefits management industry in the State of West Virginia.”

            Whereas, In most areas of West Virginia, the complexities of prescription drug programs administered by pharmacy benefit managers (PBM) are impacting pharmacies; and

            Whereas, PBMs influence and impact consumers’ purchases of prescriptions drugs; and

            Whereas, PBMs contract with out-of-state prescription drug manufacturers for the purpose of selling prescription drugs to West Virginia consumers; and

            Whereas, The State uses PBMs to administer several prescription drug programs for its employees, retirees and beneficiaries of Medicaid; and

            Whereas, PBMs can be a vital benefit to consumers, pharmacies and state agencies; and

            Whereas, There may be a need for oversight or regulation of PBMs, including, but not limited to, establishing criteria for contracts between PBMs and pharmacies and criteria for provider manuals that pharmacies are required to comply with by the PBMs, timely adjustments with reimbursements to pharmacies, pricing of prescriptions, auditing and appeal processes and the impact on consumer selection, consumption and cost of prescriptions ; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the pharmaceutical benefits management industry in the State of West Virginia; 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 necessary to effectuate its recommendations; and, be it

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

            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:

            S. C. R. 39 - “Requesting the Joint Committee on Government and Finance study how Cedar Lakes Camp and Conference Center and its facilities are currently being used and how they may best be utilized in the future, including possible transfer from the West Virginia Board of Education to a private, nonstock, not-for-profit corporation.”

            Whereas, Over the decades, Cedar Lakes has fulfilled this purpose and has become an integral part of the local economy and the Jackson County community; and

            Whereas, The Legislature recognizes the economic and social value of Cedar Lakes and that its continued viability depends on it becoming an independent, self-sustaining entity; and

            Whereas, The Legislature desires to review and study on how Cedar Lakes Camp and Conference Center may best fulfill its purpose of developing competent leadership, developing character, training for useful citizenship, fostering patriotism and of providing and encouraging the development of organized recreational activities for Future Farmers of America, Future Homemakers of America members, and other youth and adult groups; and

            Whereas, A private, not-for-profit structure may be the best means of assuring prudent financial management and, in turn, fulfilling the purposes of Cedar Lakes and serving the local economy, the Jackson County community and the state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Joint Committee on Government and Finance study how Cedar Lakes Camp and Conference Center and its facilities are currently being used and how they may best be utilized in the future, including possible transfer to a private, nonstock, not-for-profit corporation; and, be it

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

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

            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:

            S. C. R. 47 - “Amending the Joint Rules of the Senate and House of Delegates relating to printing of enrolled bills.”

            Resolved by the Legislature of West Virginia:

            That Rule 15 of the Joint Rules of the Senate and House of Delegates be amended to read as follows:

Printing Enrolled Bills

            15. After a bill has been passed by both houses, the text from which it was originally printed shall be corrected as to any typographical errors that may not previously have been corrected and to include any amendments that may have been made by either house since the last printing of the bill. After the text has been so corrected, not less than fifty copies of the bill shall be printed. Twelve of these copies shall be on seven and one-fourth by ten bond paper, twenty-pound basis of at least fifty percent rag content for the use of the Joint Committee on Enrolled Bills, One of which the copies, when properly authenticated, shall become the Enrolled Bill. and the remainder shall be on twenty-pound basis, sulphite bond paper. In the case of enrolled bills authorizing the promulgation of a proposed legislative rule, a copy of the full text of the proposed legislative rule which the bill incorporates by reference shall be appended to the bill which has been properly authenticated and designated to be the Enrolled Bill. The copy appended to the Enrolled Bill shall conform to the copy of the full text of the proposed legislative rule appended to the introduced bill. Copies of the proposed legislative rule shall are not to be appended to the additional copies of the Enrolled Bill. Following action by the Governor, or the failure or refusal of the Governor to approve or disapprove a bill of authorization, the copy of the Enrolled Bill with the proposed legislative rule appended shall be is the copy of the bill filed with the Secretary of State in accordance with the provisions of Rule 19 of these Joint Rules.

Leaves of Absence

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

Miscellaneous Business

            Delegate Kelly announced that he was absent when the vote was taken on Roll No. 332, and that had he been present, he would have voted “Yea” thereon.

            Delegate Azinger announced that he was absent when the vote was taken on Roll No. 336, and that had he been present, he would have voted “Yea” thereon.

            Delegate McGeehan announced that he was absent when the vote was taken on Roll No. 339, and that had he been present, he would have voted “Yea” thereon.

            Delegate Ireland noted that he was absent when the vote was taken on Roll No. 337, and that had he been present, he would have voted “Yea” thereon.

            Delegate Westfall noted that he was absent when the vote was taken on Roll No. 346, and that had he been present, he would have voted “Yea” thereon.

            Delegate Guthrie announced that she was absent on yesterday when the votes were taken on Roll Nos. 310 and 311, and that had she been present, she would have voted “Yea” thereon.

            Delegate Canterbury announced that he was absent when the votes were taken on Roll Nos. 337 through 340, and that had he been present, he would have voted “Yea” thereon.

            Delegate Rohrbach noted to the Clerk that he be recorded in the Journal as having voted “Yea” on the vote to pass Com. Sub. for H. B. 2568, notwithstanding the objections of the Governor.

            Delegate Hill noted to the Clerk that he was absent when the votes were taken on the adoption of H. R. 13, S. C. R. 14 and H. C. R. 91 and that had he been present, he would have voted “Yea” thereon, and that he was absent when the vote was taken on Roll No. 332, and that had he been present he would have voted “Yea” thereon..

            Delegate L. Phillips noted to the Clerk she was absent when the vote was taken on Roll No. 336, and that had she been present, she would have voted “Yea” thereon.

            Delegate Moffatt noted to the Clerk that he was absent when the votes were taken on the following Roll Nos. and had he been present he would have voted as follows:

            Roll No.          Bill No.           Voting Preference

            300                  2377                Yea

            332                  2568                Yea

            333                  HJR13            Nay

            334                  HB2148          Yea

            335                  HB2226          Yea

            336                  HB2233          Yea

            338                  HB2366          Yea

            339                  HB2429          Yea

            346                  HB2939          Yea

Remarks by Members

            Delegate Border asked and obtained unanimous consent that the remarks of Delegates McGeehan, Ireland, Anderson, Deem, Kelly, Cadle, Foster, Shott and Canterbury regarding Com. Sub. for H. B. 2688 be printed in the Appendix to the Journal.

            Delegate Eldridge asked and obtained unanimous consent that all remarks regarding Com. Sub. for H. B. 2688 be printed in the Journal.

            At 7:39 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 5, 2015.