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Friday, February 5, 2016

TWENTY-FOURTH DAY

[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

 

 

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

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

            The Clerk proceeded to read the Journal of Thursday, February 4, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Delegate Miller, Chair of the Committee on Small Business, Entrepreneurship and Economic Development, submitted the following report, which was received:

Your Committee on Small Business, Entrepreneurship and Economic Development has had under consideration:

            H. B. 2444, Providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals,

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

Com. Sub. for H. B. 2444 – “A Bill to amend and reenact §5B-2-5 of the Code of West Virginia, 1931, as amended, relating to providing assistance to small businesses; requiring that the director of the West Virginia Development Office report biennially and offer recommendations for reducing the burdens imposed on small businesses; and further identifying the report’s contents,”

With the recommendation that the committee substitute do pass.

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

Your Committee on Banking and Insurance has had under consideration:

H. B. 4265, Relating to payment by the West Virginia Municipal Bond Commission or state sinking fund commission or the governing body issuing the bonds,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4265) was referred to the Committee on Finance.

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

Your Committee on Banking and Insurance has had under consideration:

            S. B. 311, Allowing permanent exception for mortgage modification or refinancing loan under federal Making Home Affordable program,

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 (S. B. 311) was referred to the Committee on Finance.

            Delegate McCusky, 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 4th day of February, 2016, 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. 364), Supplemental appropriation expiring funds from General Revenue.

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.  4365,  Relating to the certificate of need process,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4365) was 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 4, 2016, he approved S. B. 364.

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:

H. B. 4005, Repealing prevailing hourly rate of wages requirements.

            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. 40 - “A Bill to amend and reenact §29-26-2 of the Code of West Virginia, 1931, as amended, relating to modifying funding assistance from Courthouse Facilities Improvement Authority; and changing definition of facilities that are eligible for funding assistance from courthouse facilities that are occupied by county or judicial officials to ones that are currently occupied by those officials or upon renovation will be county owned and occupied by county or judicial officials or programs”; which was referred to the Committee on the Judiciary then Finance”; which was referred to the Committee on the Judiciary then 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

            Com. Sub. for S. B. 109 - “A Bill to repeal §31A-2-4c of the Code of West Virginia, 1931, as amended; to repeal §38-1-8a of said code; to repeal §44-13-4a of said code; to amend and reenact §31-18-6 of said code; and to amend and reenact §59-1-10 of said code, all relating to repealing provisions concerning filing certain foreclosure disclosure forms; repealing provisions requiring compiling and maintaining information relating to certain deeds of trust; and eliminating all requirements concerning certain foreclosure disclosure forms”; which was referred to the Committee on Banking and Insurance and 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 Rules:

S. C. R. 5 – “Requesting the Division of Highways name Exit 153 on West Virginia Interstate-79 in Monongalia County, the ‘Coach Bill Stewart Exit’.”

Whereas, William L. “Bill” Stewart, best known as Coach Stew, was born in Grafton, WV on June 11, 1952, to the late Blaine Eugene and Roberta Lee Rutherford Stewart. William L. “Bill” Stewart was a native of New Martinsville, West Virginia. He married the former Karen Kacor on July 1, 1978. He had one son, Blaine. On May 21, 2012, William L. “Bill” Stewart passed away due to an apparent heart attack; and

Whereas, William L. “Bill” Stewart graduated from Fairmont State College in 1975, with a degree in education, where he was a three-year letterman and team captain for the WVIAC champions in 1974. His coaching career began at Fairmont State in 1974, when he was a student assistant coach for a season. One year later he became an assistant coach at Sistersville (W.V.) High School in 1975. In 1994, he assumed the head coaching position at Virginia Military Institute. In three years, he compiled an 8–25 record. Bill Stewart gave current Pittsburgh Steelers' head coach Mike Tomlin his first job as an assistant at VMI in 1995. Coach Tomlin later returned the favor by vouching for Stewart with the West Virginia University administration; and

Whereas, William L. “Bill” Stewart moved to Salem College in 1977 where he was an assistant football and head track coach for two seasons. In 1979, he was an assistant coach at the University of North Carolina. He has also been an assistant coach at Marshall University (1980), William and Mary (1981–1983), Navy (1984), North Carolina (1985–1987), Arizona State (1988–1989) and Air Force (1990–1993); and

Whereas, In 1998, Bill Stewart served as the offensive line coach for the Montreal Alouettes of the Canadian Football League. His line blocked for Mike Pringle, the first 2,000-yard rusher in CFL history. In 1999, he moved on to be the offensive coordinator of the Winnipeg Blue Bombers where he coached two all-conference receivers and a one thousand-yard rusher. In 2000 WVU head coach Don Nehlen hired Stewart at WVU in January as the quarterbacks coach. Following the retirement of then Coach Nehlen, Stewart was retained by Rich Rodriguez when he became the head coach after the 2000 season. Stewart remained the quarterbacks coach and special teams coach until 2007 when he moved to coach the tight ends and served as associate head coach; and

Whereas, Following Rodriguez's departure to become the head coach at the University of Michigan on December 16, 2007, Stewart was named interim head coach of the Mountaineers for the 2008 Fiesta Bowl game. In that game Stewart led the team to a 48-28 upset win over the #3 Oklahoma Sooners. During the press conference following the awards ceremony, Fiesta Bowl MVP and West Virginia quarterback Pat White said of Stewart, "He needs that job. He deserves it, the head coaching job”; and

Whereas, On January 3, 2008, a day after the Fiesta Bowl victory, Bill Stewart was announced as West Virginia's 32nd head coach; and

Whereas, It is fitting that we honor on this day William L. “Bill” Stewart, American Football Coach, former WVU Football Coach, family man, friend and man who lived by his Christian faith; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name Exit 153 in Monongalia County on Interstate 79 the “Coach Bill Stewart Exit”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying Exit 153 as the “Coach Bill Stewart Exit “ 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 and the family of Coach William “Bill” Stewart.

Resolutions Introduced

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

H. C. R. 33 Requesting the Division of Highways to name Bridge Number 17-9-5.09 (17A350) (39.3443, -80.4013) locally known as Gregory Run Bridge carrying County Route 9 over Ten Mile Creek, in Harrison County, the U.S. Army Air Force S/SGT Harold 'Dean' Baker Memorial Bridge’.”

Whereas, Harold “Dean” Baker was born on October 13, 1923, in Salem, West Virginia, the son of William Henry Baker and Mae Davis Baker. He enlisted in the U. S. Army Air Force on December 8, 1942, and received an honorable discharge on October 31, 1945. During his service he was a Staff Sergeant with the 15th Air Force of the 737th Bomb Squadron, 454th Bomb Group as an Aerial Gunner and Radio Operator. On April 21, 1944, while on a mission to bomb oil fields in Romania, the B-24 Bomber he was on developed engine problems and crash landed in Yugoslavia on its return. He was taken prisoner and was in Stalag Luft 3 in Poland and later taken to Nuremberg, Germany. He was liberated on April 25, 1945; and

Whereas, Harold “Dean” Baker married Georgia L. Elbon in 1946 and lived in Reynoldsville until his death on September, 2000. He retired as a self-employed carpenter at the age of 42, due to disabling arthritis, and other health problems. He was a member of the Veterans of Foreign Wars Post No. 573, Disabled American Veterans Chapter 1, Barb-Wire Mountaineers, West Virginia ex-prisoners of war, and the Reynoldsville Baptist Church. He was survived by sons Kevin Baker and wife, Terri Baker, Sardis, West Virginia, Gary Baker and wife, Cheryl Baker, Reynoldsville, West Virginia, daughters Cathy Wells and husband, William Wells, Salem, West Virginia and a now deceased daughter Vicki Baker Bowers, eight grandchildren, four great-grandchildren and two great-great grandchildren; and

Whereas, Naming the Bridge Number 17-9-5.09 (17A350) (39.3443, -80.4013) locally known as Gregory Run Bridge carrying County Route 9 over Ten Mile Creek, in Harrison, the "U.S. Army Air Force S/SGT Harold 'Dean' Baker Memorial Bridge" is an appropriate recognition of his contributions to his country, state, community and Harrison County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the Bridge Number 17-9-5.09 (17A350) (39.3443, -80.4013) locally known as Gregory Run Bridge carrying County Route 9 over Ten Mile Creek, in Harrison County, the "U.S. Army Air Force S/SGT Harold 'Dean' Baker Memorial Bridge"; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “U.S. Army Air Force S/SGT Harold 'Dean' Baker Memorial Bridge"; 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 relatives of Harold "Dean" Baker.

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

H. C. R. 34 Requesting the Division of Highways to name bridge number 06-25/11-0.01 (06A304) (38.35666, -82.12754) locally known as New Girl Scout Camp Bridge, carrying County Route 25/11 over Mud River in Cabell County, the ‘U.S. Marine Corps PFC Billy Joe Vickers Memorial Bridge’.”

Whereas, Billy Joe Vickers, the son of Herman C. Vickers and Opal Vickers of Milton, West Virginia, was born March 24, 1947, the third of four sons born to the couple; and

Whereas, Billy Joe Vickers graduated from Milton High School, married Linda Dillon, whom he had known since the seventh grade, and had a daughter, Pammy.  Both Pammy Vickers Mahon and Linda Dillon Vickers live in Barboursville, West Virginia; and

Whereas, Billy Jo Vickers enlisted in the United States Marine Corps Reserve June 22, 1966, and was assigned later to active duty with Company A, 1st Battalion, 7th Marines, 1st Marine Division, southwest of DaNang, Viet Nam, arriving there February 10, 1968.  While on a combat patrol April 8, 1968, along the bank of the Song Yen River, near the vicinity of La Chau hamlet in Hieu Duc District of Quang Nam Province, Private First Class Billy Joe Vickers and two fellow Marines were killed as a result of detonation of an antipersonnel mine; and

Whereas, Private First Class Billy Joe Vickers' two older brothers, Herman O'dell Vickers and Jimmy Lou Vickers, also served in the nation's military, Herman in the U.S. Navy and Jimmy in the U.S. Marine Corps; and

Whereas, Both older brothers currently live in Culloden, Cabell County, West Virginia; and

Whereas, Private First Class Billy Joe Vickers' younger brother, Danny Vickers, lives with his family at the home place where the four brothers all grew up; and

Whereas, The family home place is located at the end of the bridge hereby to be named for Private First Class Billy Joe Vickers; and

Whereas, The body of Private First Class Billy Joe Vickers was buried in Brown Cemetery, Ball's Gap, Cabell County, West Virginia; and

Whereas, It is proper that Private First Class Billy Joe Vickers' service to and sacrifice for his country be remembered by this fitting memorial; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 06-25/11-0.01 (06A304) (38.35666, -82.12754) locally known as New Girl Scout Camp Bridge, carrying County Route 25/11 over Mud River in Cabell County, the “U.S. Marine Corps PFC Billy Joe Vickers 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 “U.S. Marine Corps PFC Billy Jo Vickers Memorial Bridge”; and, be it

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

            Delegates Perdue, Marcum, Hicks, Rodighiero, Reynolds and Rohrbach offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 35 “Requesting the Division of Highways to name bridge number 50-052-21.27 (50A001), carrying United States Route 52 over Hurricane Creek in Wayne County, beginning at latitude 38.192421, longitude – 82.599808 and ending at latitude 38.191797, longitude – 82.600180,  the ‘U.S. Army PVT Charles E. Ellis and U.S. Army PVT Ira V. Ellis Memorial Bridge’.”

Whereas, Charles Edward Ellis, born January 15, 1922, and Ira Virgil Ellis, born June 29, 1925, were natives of Wayne County, West Virginia and two of the three sons of Curtis and Esther Ellis, that fought in World War II; and

Whereas, Charles E. Ellis and Ira V. Ellis were both killed in action while serving in the United States Army during World War II. Charles Ellis was killed in Italy on December 30, 1943, and Ira Ellis was killed while making the final push in the war effort in Germany on March 23, 1945; and

Whereas, These young men served their country and their state with honor, valor, and courage and died to ensure a safer world for future generations; and

Whereas, The sacrifice that the Ellis family made in honor of the United States of America and the State of West Virginia should be commemorated in an enduring memorial; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 50-052-21.27 (50A001), carrying United States Route 52 over Hurricane Creek in Wayne County, beginning at latitude 38.192421, longitude – 82.599808 and ending at latitude 38.191797, longitude – 82.600180, the "U.S. Army PVT Charles E. Ellis and U.S. Army PVT Ira V. Ellis 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 " U.S. Army PVT Charles E. Ellis and U.S. Army PVT Ira V. Ellis Memorial Bridge "; and, be it

Further Resolved,  That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to Herbert Wellman and the Fort Gay Veteran’s Park Committee.

Bills Introduced

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

            By Delegates Hamrick, Trecost, Cadle, Westfall, Phillips, Waxman, Ihle, J. Nelson, Kessinger, Arvon and Storch:

H. B. 4407 - “A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to crimes against the peace and dangerous weapons; and authorizing the clerk, head doorkeeper or sergeant of arms, who are elected officers of the West Virginia Senate and House of Delegates, to bring a firearm into the State Capitol Complex and into the chambers of the Legislature, if the officers hold a valid concealed weapons permit”; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.

            By Delegates Westfall, McCuskey and Hamrick:

H. B. 4408 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12B-11b, relating to providing civil immunity to company insurance adjusters employed by an insurer from personal liability for claims of unfair trade practices; and providing that the immunity does not exempt company adjusters from requirements or responsibilities as a licensed adjuster”; to the Committee on Banking and Insurance then the Judiciary.

            By Delegates Campbell, Perdue, Perry, Summers, Ellington, Fleischauer, Bates, Hartman, Rowan, Wagner and Rohrbach:

H. B. 4409 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-15e, relating to in-service training programs in the use of the Heimlich maneuver and response to choking emergencies required for all school personnel in pre-kindergarten, kindergarten and elementary schools; and encouraging parents to attend”; to the Committee on Health and Human Resources then Education.

            By Delegates Upson, Blair and Householder:

H. B. 4410 - “A Bill to amend  the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §25-7-17, relating to establishing an arborists program for inmates; training; inspection of trees along state roads and highways”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates R. Smith, J. Nelson, D. Evans, Rohrbach, Anderson, Hamrick, Ihle, Wagner and Stansbury:

H. B. 4411 - “A Bill to amend and reenact §20-2-5a of the Code of West Virginia, 1931, as amended, relating to wildlife resources; illegally taking native brook trout; and setting a replacement penalty of $100 for each native brook trout illegally taken”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Perdue, Shaffer, Perry, Pushkin, Guthrie, Campbell, Longstreth, Hicks, Fleischauer, Lynch and Bates:

H. B. 4412 - “A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-1-3 of said code, all relating to requiring the Commissioner of the Bureau for Public Health to conduct a public health impact statement assessing the health impact of any new, or modification to, rule proposed by the Secretary of the Department of Environmental Protection; and requiring the Secretary of the Department of Environmental Protection to incorporate findings of the impact statement into the proposed rule”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Caputo, Longstreth, Manchin, Perry, Boggs, Byrd, Lynch, Perdue, Romine, Rowan and A. Evans:

H. B. 4413 - “A Bill to amend and reenact §61-8-28 of the Code of West Virginia, 1931, as amended, relating to the use of drone surveillance of private citizens; and providing criminal penalties”; to the Committee on the Judiciary.

            By Delegate Faircloth:

H. B. 4414 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §5-4-3, relating to the Agency Accountability Act; requiring disclosure of accounts by members of the Board of Public Works to the Legislature; penalties for failure to disclose; return of money to the General Fund”; to the Committee on Finance.

            By Delegates J. Nelson, Moffatt, R. Smith, Phillips, Wagner, Ihle, McGeehan, Folk, Faircloth, Marcum and Lane:

H. B. 4415 - “A Bill to amend and reenact §4-2A-2, §4-2A-4 and §4-2A-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §6-7-2 of said code; and to amend and reenact §18-2-3 of said code, all relating to reducing the compensation of all elected state officials and members of the state Board Of Education by twenty-five percent; and providing that the savings be used to offset the shortfall of the Public Employees Insurance Agency”; to the Committee on Finance.

            By Delegates Cooper, Ambler, D. Evans and O'Neal:

H. B. 4416 - “A Bill to amend and reenact §24A-7-7 of the Code of West Virginia, 1931, as amended, relating to expanding the authority of motor carrier inspectors; and requiring compliance by commercial vehicle drivers”; to the Committee on the Judiciary.

            By Delegates Shott, Hanshaw, Rowe, Marcum, Shaffer, Manchin, Summers, Kessinger, Ireland and Skinner:

H. B. 4417 - “A Bill to amend and reenact §46A-2-130 the Code of West Virginia, 1931, as amended, relating to limitations on garnishment generally; potentially increasing wages protected from garnishment”; to the Committee on the Judiciary.

            By Delegate Duke:

H. B. 4418 - “A Bill to amend and reenact §10-1-20 of the Code of West Virginia, 1931, as amended, relating to requiring funding by the West Virginia Library Commission to local libraries be based on the population served by each respective library; and requiring that population adjustments be made every two years”; to the Committee on Political Subdivisions then Finance.

            By Delegates Skinner, Eldridge, Manchin, Campbell, Perry and Bates:

H. B. 4419 - “A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting any veteran’s primary residence from real property tax”; to the Committee on Veterans' Affairs and Homeland Security then Finance.

            By Delegates Skinner, Eldridge, Perdue, Bates and Manchin:

H. B. 4420 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §16-9A-6, relating to electronic cigarettes and vapor products; requiring the listing of the ingredients contained in the products; and prohibiting the sale of unlabeled vapor products”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegate Skinner:

H. B. 4421 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §11-21-8i and §11-21-12j; and to amend said code by adding thereto a new section, designated §11-24-25, all relating to providing tax breaks for employers assisting employees paying student loans; providing tax credits from personal and corporate income taxes; and providing modification reducing federal adjusted gross income for certain student loan payments”; to the Committee on Education then Finance.

            By Delegate Skinner:

H. B. 4422 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6N-1, §46A-6N-2, §46A-6N-3 and §46A-6N-4, all relating to creating the Internet Service Provider Accountability Act; defining terms; making legislative findings; designating a contract between an Internet service provider and a subscriber to be an adhesion contract; and providing remedies”; to the Committee on the Judiciary.

            By Delegate Skinner:

H. B. 4423 - “A Bill to amend and reenact §30-21-7, §30-21-7b and §30-21-7d of the Code of West Virginia, 1931, as amended; to amend and reenact §30-30-8, §30-30-10, §30-30-12 and §30-30-14 of said code; and to amend and reenact §30-31-8 and §30-31-9 of said code, all relating to professions and occupations; requiring various professionals who provide mental health-related services, including psychologists, licensed school psychologists,  marriage and family therapists, professional clinical counselors and clinical social workers who begin graduate study on or after January 1, 2017, to complete a minimum number of fifteen contact hours of course work in suicide assessment, treatment and management before that person may be issued a license; and requiring a person licensed in these professions or an applicant for licensure who begins graduated study prior to January 1, 2017, to take a six hour continuing education course in suicide assessment, treatment and management  in order to renew that person's license”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Weld, Eldridge, Ferro, Kessinger and Storch:

H. B. 4424 - “A Bill to amend and reenact §25-1-17 and §25-1-18 of the Code of West Virginia, 1931, all relating to law enforcement not needing to obtain court orders prior to receiving recordings of inmate phone calls, and inmate mail under certain circumstances”; to the Committee on the Judiciary.

            By Delegate Walters:

H. B. 4425 - “A Bill to amend and reenact §16-5V-2 of the Code of West Virginia, 1931, as amended, relating to the definition of “accrued benefit” as it applies to the West Virginia Emergency Medical Services Retirement System; increasing the retirement benefit multiplier for members with more than twenty-five years of credited service”; to the Committee on Pensions and Retirement then Finance.

            By Delegates Ireland, Anderson, Zatezalo, D. Evans, Canterbury, R. Smith and Statler:

H. B. 4426 - “A Bill to amend and reenact §22C-9-1, §22C-9-2, §22C-9-3, §22C-9-4 and §22C-9-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22C-9-7a, all relating to oil and gas conservation; providing for the unitization of interests in drilling units in connection with horizontal oil or gas wells generally; establishing prerequisites to filing of an application for a horizontal well unit order; setting forth application requirements; establishing the standard of review; providing for horizontal well unit orders and parameters thereof; requiring notice and timeliness; providing for hearings; permitting adjoining landowners to intervene in a horizontal well unit application proceeding in certain circumstances; addressing oil and gas produced from horizontal wells, vertical wells and unconventional reservoirs; requiring royalties be paid on all commercial marketable hydrocarbons produced from a horizontal unit well; providing for declaration of public policy and legislative findings; specifying applicability of article; limiting the liability of nonconsenting owners in certain circumstances; increasing the number of members of the Oil and Gas Conservation Commission; granting additional authority to the Oil and Gas Conservation Commission; providing for the award of unitization consideration in certain circumstances; providing alternative and deemed elections to nonconsenting owners in certain circumstances; providing for dispute resolution; providing for treatment of interests of unknown and unlocatable interest owners, including moneys payable thereto; providing for judicial review of commission orders; permitting the modification of horizontal well unit orders under certain circumstances; providing for the expiration of horizontal well unit orders under certain circumstances; requiring the filing of a summary of the prevailing economic terms of certain leases and the prevailing consideration paid for modification of certain leases prior to hearings; establishing procedures where certain information shall be deemed confidential; exempting certain information from disclosure; addressing additional drilling activity; providing that horizontal well unit orders do not grant surface rights; authorizing contemporaneous permit and unit applications; providing for reunification of interests of unknown and unlocatable interest owners with surface owners in certain circumstances and providing procedures therefor; providing for conflict resolution; providing for severability; adding new definitions; modifying existing definitions; providing a funding mechanism for the Oil and Gas Reclamation Fund; and establishing the Horizontal Well Unitization and Landowner Protection Act of 2016”; to the Committee on Energy.

House Calendar

Third Reading

            S. B. 32, Relating to withdrawal of candidates for office and filling vacancies; 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. 32), 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: Ellington, Flanigan, Reynolds and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 32) passed.

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

S. B. 32 – “A Bill to amend and reenact §3-5-11, §3-5-18 and §3-5-19 of the Code of West Virginia, 1931, as amended, all relating to withdrawal of candidates for office and filling vacancies; requiring the Secretary of State to create a notarized statement of withdrawal form; setting certain deadlines for filing of notarized statement of withdrawal form in order to withdraw as a candidate and to have one’s name removed from ballot; setting deadline for when the Secretary of State shall certify names of general election candidates to counties; requiring the certification of names of candidates that are the nominee of the party following the filling of a vacancy; prohibiting certification of names of candidates who timely filed a notarized statement of withdrawal; clarifying the process for determining if candidate is disqualified; designating the proper filing officer; removing State Election Commission from the process of voluntary withdrawal of candidates; authorizing executive committee to replace candidate who files a timely notarized statement of withdrawal and whose name would have otherwise appeared on the general election ballot; and setting and adjusting certain deadlines.”

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

            On this question, the yeas and nays were taken (Roll No. 33), 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: Ellington, Flanigan, Reynolds and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 32) 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. 4244, Eliminating the need for a public hearing when no objection is filed on an application from an out of state state-chartered credit union to establish a branch in West Virginia; 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. 34), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: P. White.

            Absent and Not Voting: Ellington, Flanigan, Reynolds and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4244) 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. 4245, Requiring the cashier or executive officer of a banking institution to provide shareholders with the institution’s most recent year-end audited financial statement; on third reading, coming up in regular order, was read a third time.

Delegates Ambler, Atkinson, Border, Espinosa, A. Evans, Folk, Hartman, Householder, Kurcaba, Marcum, McCuskey, Miller, Moffatt, Overington, Pethtel, Rowan, Rohrbach, Shott, Skinner, Sponaugle,  P. White and Zatezalo requested to be excused from voting on the passage of Com. Sub. for H. B. 4245 under the provisions of House Rule 49.

The Speaker replied that any impact on the Delegates would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 35), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Marcum.

            Absent and Not Voting: Ellington, Flanigan, Reynolds and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4245) passed.

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

Second Reading

            Com. Sub. for S. B. 342, Decreasing appropriations from State Fund, General Revenue, to DHHR, Division of Human Services and Bureau of Senior Services; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 357, Supplemental appropriation from Lottery Net Profits to Bureau of Senior Services, Lottery Senior Citizens Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 360, Supplemental appropriation to Division of Human Services; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for H. B. 2366, Relating generally to the solicitation of minors; 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. 2511, Health Care Sharing Ministries Freedom to Share Act; 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. 4145, Relating to carry or use of a handgun or deadly weapon; on second reading, coming up in regular order, was read a second time.

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

            Com. Sub. for H. B. 4163, Providing the authority and procedure for municipalities to give notice to, and publish the names of, entities delinquent in paying business and occupation taxes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4393, Relating to enhanced penalties for use of a firearm during commission of a felony; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

First Reading

            Com. Sub. for H. B. 4186, Relating to additional duties of the Public Service Commission; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Leaves of Absence

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

Miscellaneous Business

            Delegate Byrd noted that he was absent on yesterday when the votes were taken on Roll Nos. 30 and 31, and that had he been present, he would have voted “Nay” thereon.

            At 12:01 p. m., the House of Delegates adjourned until 11:00 a.m., Monday, February 8, 2016.