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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Monday, March 16, 2015

SIXTY-SECOND DAY

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

 

 

            The House of Delegates met at 5:00 p.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 Sunday, March 15, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            Delegate Cowles arose to suggest the absence of a quorum, the Clerk opened the machine for the roll to be taken (Roll No. 635), and 83 members being present, the Speaker declared the presence of a quorum. The absent being as follows:

            Absent: Campbell, Deem, Ellington, Folk, Hornbuckle, Householder, Ireland, Kelly, Manchin, Marcum, Pasdon, Perdue, L. Phillips, Reynolds, Rohrbach, Sponaugle and Walters.

Committee Reports

            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 16th day of March, 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. 6), Relating to medical professional liability,

             And,

            (S. B. 421), Relating to punitive damages in civil actions.

            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 16th day of March, 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. 277), Requiring issuance of certificate of birth resulting in stillbirth,

            (S. B. 292), Relating to licenses for business of currency exchange, transportation or transmission,

            (S. B. 322), Eliminating mandatory electronic recount of ballots in recounts,

            (S. B. 332), Relating to administrative fees for Tax Division, Department of Revenue,

            (Com. Sub. for S. B. 344), Relating to duty to mitigate damages in employment claims,

            (S. B. 445), Relating to investment of RJCFA funds,

            (S. B. 489), Imposing statute of limitations on civil actions derived from surveying of real property,

            (S. B. 545), Removing certain prior bank overdraft approval by director or executive officer,

            (S. B. 559), Relating to social work provisional licensing,

            (S. B. 576), Relating to internet protocol-enabled service and voice over internet protocol-enabled service,

             And,

            (S. B. 578), Relating to occupational disease claims.

            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 16th day of March, 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:

            (S. B. 89), Relating to compensation for certain public officials,

            (Com. Sub. for S. B. 249), Prohibiting straight party voting in general election,

            (S. B. 283), Relating to state banking institutions,

            (Com. Sub. for S. B. 366), Creating Patient Protection and Transparency Act,

            (Com. Sub. for S. B. 411), Creating Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act,

             And,

            (S. B. 454), Criminalizing trademark counterfeiting.

            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 16th day of March, 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:

            (Second Enr. for Com. Sub for H. B. 2010), Requiring the elections of justices of the West Virginia Supreme Court of Appeals, circuit court judges, family court judges and magistrates be nonpartisan and by division.

            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 16th day of March, 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. 2053), Relating to the form of trust deeds,

            (Com. Sub. for H. B. 2562), Relating to sales tax increment financing,

            And,

            (H. B. 2880), Creating an addiction treatment pilot program.

            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 16th day of March, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (H. B. 2914), Providing for voluntary dissolution of resort area district,

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

            (Com. Sub. for H. B. 2586),Allowing for an alternative form of service of process in actions against nonresident persons by petitioners seeking domestic violence or personal safety relief,

            And,

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

            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 16th day of March, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (H. B. 2100), Caregiver Advise, Record and Enable Act

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

            (Com. Sub. for H. B. 2432), Relating to the licensure requirements to practice pharmacist care,

            (Com. Sub. for H. B. 2462), Relating to certain deposits of tax proceeds,

            (Com. Sub. for H. B. 2505), Relating to retirement system participation and concurrent employment provisions,

            (Com. Sub. for H. B. 2507), Relating to membership provisions in the West Virginia Municipal Police and Firefighters Retirement System,

            (H. B. 2535), Relating generally to suicide prevention training, “Jamie’s Law”,

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

            (H. B. 2645), Expanding the availability of the Underwood-Smith Teacher Loan Assistance Program,

            (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,

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

            (Com. Sub. for H. B. 2755), Relating to service and professional employee positions at jointly established schools,

            (H. B. 2776), Relating to prescribing hydrocodone combination drugs for a duration of no more than three days,

            (Com. Sub. for H. B. 2778), State Infrastructure Fund Program,

            And,

            (Com. Sub. for H. B. 2999), Relating to neonatal abstinence centers.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Campbell, Deem, Ellington, Folk, Hornbuckle, Householder, Ireland, Kelly, Manchin, Marcum, Pasdon, Perdue, L. Phillips, Reynolds, Rohrbach, Sponaugle and Walters.

Miscellaneous Business

            Delegate Fleischauer asked and obtained unanimous consent that the remarks on Saturday March 14, 2015 of Delegate Lynch regarding Com. Sub. for H. B. 2688 be printed in the Appendix to the Journal.

            At 5:24 p.m., the House of Delegates adjourned until 9:00 a.m., Tuesday, March 17, 2015.