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Day 01 (1-08-02014)

Eighty-first Legislature

Second 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, January 29, 2014

TWENTY-SECOND DAY

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

 

 

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Timothy R. Miley, 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, January 28, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Perdue, 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. 4249, Allowing proceeds of a hotel occupancy tax not exceeding $200,000 per fiscal year to be expended for medical care and emergency services in certain counties,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4249) was referred to the Committee on Finance.

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

            Your Committee on Rules has had under consideration:

             H. R. 6, Amending House Rule Nos. 25 and 26, relating to participation in House proceedings and voting by electronic teleconferencing by members not physically present due to serving on active duty,

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

            At the request of Delegate White, and by unanimous consent, the resolution (H. R. 6) was taken up for immediate consideration.

            The Speaker propounded “Shall the resolution be rejected?”

            Extensive debate then ensued on the pending question before the House.

            At the conclusion of the debate, the Speaker again propounded “Shall the resolution be rejected?”

            On this question, Delegate Butler demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 23), and there were--yeas 66, nays 29, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Anderson, Andes, Armstead, Arvon, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellington, A. Evans, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Kump, Lane, E. Nelson, Romine, Rowan, Shott, R. Smith, Sobonya, Sumner and Westfall.

            Absent and Not Voting: Ambler, Barill, J. Nelson, Raines and Walters.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 6) rejected.

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

            Your Committee on Rules has had under consideration:

            H. C. R. 13, The “Thomas H. Stafford Memorial Bridge”,

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

            Com. Sub. for H. C. R. 13 - “Requesting that bridge number 10-16-2.38 (10A301) on Route 16 in Fayette County, West Virginia, be named the ‘Thomas H. Stafford Memorial Bridge’,”

            H. C. R. 27, The Audra Park Bridge in Memory of Army Sergeant John A. Charnoplosky,

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

            Com. Sub. for H. C. R. 27 - “Requesting that bridge number 1-11-6.35 (01A016), located .01 mile east of County Route 36 on County Route 11 and crossing over the Middle Fork River, be renamed ‘The Audra Park Bridge in Memory of Army Sergeant John A. Charnoplosky’,”

            H. C. R. 35, The Arden Bridge in Memory of Abbie Gall,

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

            Com. Sub. for H. C. R. 35 - “Requesting the Division of Highways to name bridge number 1-12-6.12 (01A119) the Arden Plate Girder carrying Route 12 across the Tygart River in Arden, Barbour County, as the ‘The Arden Bridge in Memory of Abbie Gall’,”

            And,

            H. C. R. 37, Army Sergeant Charles Leo Dulaney Memorial Bridge,

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

            Com. Sub. for H. C. R. 37 - “Requesting that bridge number 52-20-16.81 (52A134), located on Route 20, crossing over Fishing Creek, at Pine Grove, Wetzel County, West Virginia, and locally known as the North End Bridge, be named the ‘Army Sergeant Charles Leo Dulaney Memorial Bridge’,”

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

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

            Your Committee on Rules has had under consideration:

            H. C. R. 31, Rosalyn Queen Alonso Bridge,

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

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            H. B. 4296, Establishing the Health Sciences Service Program,

            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. 4296) was referred to the Committee on Finance.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 4100, Board of Examiners for Speech-Language Pathology and Audiology, speech-language pathology and audiology assistants,

            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. 4100) was referred to the Committee on the Judiciary.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 4041, Board of Examiners for Speech-Language Pathology and Audiology, relating to a code of ethics,

            H. B. 4095, Real Estate Commission, requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of a brokerage business,

            H. B. 4096, Real Estate Commission, schedule of fees,

            H. B. 4099, Board of Examiners for Speech-Language Pathology and Audiology, licensure of speech-pathology and audiology,

            And,

            H. B. 4101, Board of Examiners for Speech-Language Pathology and Audiology, disciplinary and complaint procedures for speech-language pathology and audiology,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 4041, H. B. 4095, H. B. 4096, H. B. 4099 and H. B. 4101) were each referred to the Committee on the Judiciary.

 

Messages from the Senate

            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. 12 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend and reenact §30-3-14 and §30-3-16 of said code; to amend and reenact §30-5-3 of said code; to amend and reenact §30-7-15a of said code; to amend and reenact §30-14-11 of said code; and to amend and reenact §30-14A-1 of said code, all relating to treatment for a sexually transmitted disease; defining terms; permitting prescribing of antibiotics to sexual partners of a patient without a prior examination of the partner; requiring patient counseling; establishing counseling criteria; requiring information materials be prepared by the Department of Health and Human Resources; providing limited liability for providing expedited partnership therapy; requiring legislative rules regarding what is considered a sexually transmitted disease; and providing that physicians, physician assistants, pharmacists and advanced nurse practitioners are not subject to disciplinary action for providing certain treatment for sexually transmitted diseases for sexual partners of a patient”; which was referred to the Committee on the Judiciary.

             A message from the Senate, by

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

            Com. Sub. for S. B. 196 - “A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Education and the Arts; legislative mandate or authorization for the promulgation of certain legislative rules by various executive and administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; and authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to the Ron Yost Personal Assistance Services Act Board”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            S. B. 208 - “A Bill to repeal §18B-16-7, §18B-16-8 and §18B-16-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-16-1, §18B-16-2, §18B-16-3, §18B-16-4, §18B-16-5 and §18B-16-6 of said code, all relating to continuing the Rural Health Initiative; setting forth legislative findings, purpose and definitions; discontinuing the Rural Health Advisory Committee and assigning certain of its duties to the Vice Chancellor for Health Sciences; deleting the requirement for creation of primary health care education sites; clarifying certain funding mechanisms and audit and reporting requirements; strengthening accountability measures; updating names; making technical corrections; and deleting obsolete language”; which was referred to the Committee on Health and Human Resources then Education.

            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. 209 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48, relating to requiring county boards of education to allow students with special needs to participate in graduation ceremonies with their peers; and prohibiting county boards from denying special needs services to a student due to participating in the graduation”; which was referred to the Committee on Education.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2014, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 251 - “A Bill to amend and reenact §55-10-1, §55-10-2, §55-10-3, §55-10-4, §55-10-5, §55-10-6, §55-10-7 and §55-10-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twenty-three new sections, designated §55-10-9, §55-10-10, §55-10-11, §55-10-12, §55-10-13, §55-10-14, §55-10-15, §55-10-16, §55-10-17, §55-10-18, §55-10-19, §55-10-20, §55-10-21, §55-10-22, §55-10-23, §55-10-24, §55-10-25, §55-10-26, §55-10-27, §55-10-28, §55-10-29, §55-10-30 and §55-10-31, all relating generally to arbitration; defining terms; defining notice under the article; defining when article applies; proscribing the effect of agreements to arbitrate and defining nonwaivable provisions; allowing for application for judicial relief under the article; making an agreement to arbitrate valid unless a legal or equitable reason for revocation exists; providing for the terms by which arbitration may continue if challenged; providing for the process for motions to compel or stay arbitration; providing for provisional remedies to protect the effectiveness of arbitration proceedings; providing the process for initiation of arbitration; providing for the consolidation of separate arbitration proceedings; providing for the appointment of an arbitrator and default process if not agreed by the parties; requiring neutrality of arbitrators; requiring disclosure by arbitrators of matters affecting impartiality; requiring a majority of arbitrators to agree to exercise powers; providing immunity for arbitrators; requiring competency to testify and providing for attorneys’ fees and costs for challenges from which arbitrators are immune; providing the general process for arbitration; allowing parties to be represented by a lawyer in arbitrations; outlining the procedure for witnesses, subpoenas, depositions and discovery in arbitrations; providing for judicial enforcement of preaward ruling by arbitrator; providing for a record of an award and the requirements for an award; allowing the change of an award by an arbitrator upon motion under certain conditions; providing that certain remedies and the fees and costs of arbitration may be a part of an arbitration award; allowing for confirmation by a court of an award upon motion; providing the process and grounds for vacating an award by a court; providing the process and grounds for the modification or correction of an award upon motion; providing that a court shall enter a judgment upon confirmation of an award and may add reasonable attorneys’ fees and costs; providing for jurisdiction over arbitration agreements by a court of this state; providing venue; providing that appeals may be taken from orders related to arbitration proceedings; requiring uniform construction of the act; providing that this act complies with the Electronic Signatures in Global and National Commerce Act; and providing the effective date of the 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 and requested the concurrence of the House of Delegates in the passage, of 

            Com. Sub. for S. B. 310 - “A Bill to amend and reenact §61-5-29 of the Code of West Virginia, 1931, as amended, relating to adjusting penalties for willful failure to pay child support; requiring probation and home confinement instead of confinement in a correctional facility for first violations; creating the misdemeanor offense of a second conviction of willfully failing to pay child support; creating a felony offense of a third or subsequent conviction of willfully failing to pay child support; and requiring certain persons convicted of willfully failing to pay child support to promptly obtain employment or register with WorkForce West Virginia and complete certain programs”; which was referred to the Committee on the Judiciary.

             A message from the Senate, by

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

            S. B. 341 - “A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services, fund 5365, fiscal year 2014, organization 0511, by supplementing and amending chapter four, Acts of the Legislature, regular session, 2013, known as the Budget Bill”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 359 - “A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to amending canvassing process to eliminate hand counting of electronic voting systems”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 373 - “A Bill to amend and reenact §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24, §22-30-25 and §22-30-26, all relating to water resources and water protection; clarifying the Water Resources Protection and Management Act; establishing the Aboveground Storage Tank Water Resources Protection Act; making certain legislative findings; clarifying definitions; amending definition of ‘large-quantity user’; eliminating certain variance provisions; requiring certain reports from the secretary; requiring cooperating state agencies to continue funding levels for stream gaging network; requiring notification of inability to continue funding of stream gaging network; requiring information regarding private wells and depth to groundwater; requiring secretary to provide annual update on implementation of State Water Resources Management Plan; adopting State Water Resources Management Plan; requiring the Department of Environmental Protection to report biennially to commission regarding implementation of plan, survey results and act; requiring large-quantity users to submit reports annually; applying to aboveground storage tanks containing fluids except water; providing exemptions; establishing definitions; requiring registration and inventory of certain aboveground storage tanks; making it unlawful to construct, maintain or use any aboveground storage tank without a permit; requiring annual inspections of tanks; requiring financial resources to take corrective action; requiring corrective action for releases; requiring a spill prevention response plan; providing notice to local governments, water companies and industrial users; mandating signage; establishing registration fees and administrative fund; creating leaking response fund; permitting public access to information; establishing requirements for inspections monitoring and testing; providing for administrative orders and injunctive relief; providing for civil and criminal penalties; permitting appeals to Environmental Quality Board; prohibiting duplicative enforcement; reporting to Legislature; requiring interagency cooperation; permitting action for imminent and substantial danger; requiring source water protection plan; authorizing rulemaking; and setting forth powers and duties of secretary”; which was referred to the Committee on Health and Human Resources then the Judiciary then Finance.

Resolutions Introduced

            Delegates Romine, A. Evans, Hartman, Campbell, Sponaugle and Pethtel offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 56 - “Requesting the Division of Highways to name bridge number 48-18-20.53, and known locally as the Jackson Bridge on Route 18 north of Middlebourne, Tyler County, as the ‘Army SSG Jesse Adam Ault Memorial Bridge’.”

            Whereas, SSG Ault was born February 18, 1980 in Wheeling; and

            Whereas, SSG Ault enlisted in the Army with his best friend, Travis Russell, upon their graduation from Tyler Consolidated High School in 1998; and

            Whereas, Upon being honorably discharged from the Army, he joined the Virginia National Guard; and

            Whereas, During a tour in Iraq in 2004-2005 at Camp Anaconda, SSG Ault met his future wife, Betsy; and

            Whereas, SSG Ault and his wife together had two children, Jonathan Adam and Rachel, along with a stepson, Nathan Jennings; and

            Whereas, Betsy Ault was called up for another deployment to Iraq when Jonathan Adam was four months old; and

            Whereas, SSG Ault reenlisted in order to take his wife’s place so that she could raise the boys; and

            Whereas, Betsy Ault later learned she was pregnant with a little girl; and

            Whereas, SSG Ault was able to return from Iraq to attend the birth of his daughter and spend nine days with her; and

            Whereas, SSG Ault returned to Iraq and, sadly, was killed on April 9, 2008, as a result of injuries sustained when an improvised explosive device struck his vehicle while conducting convoy operations south of Baghdad; and

            Whereas, It is fitting to honor SSG Ault’s life and service by naming the Jackson Bridge on Route 18 in Tyler County; as the “Army SSG Jesse Adam Ault Memorial Bridge” therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Division of Highways to name bridge number 48-18-20.53, locally known as the Jackson Bridge on Route 18 in Tyler County; as the “Army SSG Jesse Adam Ault Memorial Bridge” and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Army SSG Jesse Adam Ault 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 SSG Ault’s surviving relatives.

Bills Introduced

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

By Delegates Manypenny, Skinner, Staggers, Wells, Fleischauer and Manchin:

            H. B. 4367 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2G-1, §24-2G-2, §24-2G-3, §24-2G-4, §24-2G-5 and §24-2G-6, all relating to utility resource planning; providing a short title; making findings and declaring a purpose; defining terms; establishing required energy efficiency programs; allowing for the establishment of a third-party energy efficiency program administrator; requiring integrated resource planning; and setting deadlines and target dates”; to the Committee on Energy then the Judiciary.

By Delegates Staggers, L. Phillips, Lynch, Young, Walker, Stephens, Moye, D. Poling, Longstreth, P. Smith and Shott

            [By Request of the Division of Motor Vehicles]:

            H. B. 4368 - “A Bill to amend and reenact §17B-2-8, §17B-2-12 and §17B-2-12a of the Code of West Virginia, 1931, as amended, all relating to issuance and renewal of driver’s licenses; changing renewal cycle for driver's licenses from five to eight years; allowing the commissioner to provide a program for online renewal of driver’s licenses; and providing an additional fee for the issuance of driver’s license issued for federal use”; to the Committee on the Judiciary then Finance.

By Delegates Folk, Perry, Kump, Williams, Faircloth, Ireland, Gearheart, Butler, Householder, R. Smith and Cadle:

            H. B. 4369 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1 and §5-30-2, all relating to providing that all future federal and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments are invalid and unenforceable; making it a felony to attempt to enforce a federal or local statute, ordinance, law, order or rule concerning firearms, firearm accessories, ammunition and their accouterments that violate the state and federal constitutions; making findings; providing penalties; requiring the Attorney General to defend citizens of West Virginia who are prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition; providing for retroactivity; and providing that ex post facto laws are not created”; to the Committee on the Judiciary then Finance.

By Delegates Sumner, R. Phillips, Hamilton and Cooper:

            H. B. 4370 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6A-19, relating to requiring used vehicle dealers to provide vehicle history reports to prospective buyers of formerly recalled vehicles”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Caputo, Longstreth and Manchin:

            H. B. 4371 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-13a, relating to making the theft of a traffic sign or traffic signal a felony; finding that the theft is a reckless endangerment to the safety of persons and the public; and establishing criminal penalties”; to the Committee on the Judiciary.

By Delegates Moore, Campbell, Reynolds, Azinger and E. Nelson

            [By Request of the Division of Banking]:

            H. B. 4372 - “A Bill to amend and reenact §31-17-11 of the Code of West Virginia, 1931, as amended, relating to the filing of reports, data and other information deemed necessary by the Commissioner of Financial Institutions with the Division of Financial Institutions; permitting the commissioner to determine when those reports, data or information are filed; and providing that in addition to the reports not being public records, the filed data and information are also not public records”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates M. Poling, Barrett, Lawrence, Perry, Walker, Fragale, Campbell and Tomblin:

            H. B. 4373 - “A Bill to repeal §18-6-9 and §18-6-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-6-1, §18-6-2, §18-6-4, §18-6-5 and §18-6-8 of said code, all relating to driver education programs; repealing requirements on the State Department of Education and county superintendents related to instruction and licensing of commercial driver education schools; removing requirements for course availability to out-of-school youth and adults; allowing summer school offerings in driver education; prohibiting charges to students; authorizing permitted instructors under certain circumstances; allowing successful completion of course in commercial driving school or class accepted by the state board to meet purposes of article; and making technical changes”; to the Committee on Education then Finance.

Daily Calendar

Third Reading

            S. B. 346, Making supplementary appropriation from Lottery Net Profits to DNR and Bureau of Senior Services; 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. 24), 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: Ambler, Barill, Lane, J. Nelson, Paxton, Raines and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 346) passed.

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

            On this question, the yeas and nays were taken (Roll No. 25), 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: Ambler, Barill, J. Nelson, Raines 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. 346) takes effect from its passage.

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

            Com. Sub. for H. B. 2954, Requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature; 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. 26), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: R. Smith.

            Absent and Not Voting: Ambler, Barill, J. Nelson, Raines 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. 2954) passed.

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

            On this question, the yeas and nays were taken (Roll No. 27), and there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Folk, Gearheart, Howell and R. Smith.

            Absent and Not Voting: Ambler, Barill, J. Nelson, Raines and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2954) 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. 2966, 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. 28), 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: Ambler, Barill, J. Nelson, Raines 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. 2966) 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. 4002, Relating to the computation of local share for public school support purposes; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

            On motion of Delegate Boggs, the bill was amended on page ten, section eleven, line eighteen, by striking out the following:

            “(2) The state board shall then apply these rates to the assessed taxable value of other property in each classification in the county as determined by the Tax Commissioner and shall deduct therefrom five percent as an allowance for the usual losses in collections due to discounts, exonerations, delinquencies and the like: Provided, That for the fiscal year beginning on July 1, 2014, and for each fiscal year thereafter, four percent shall be deducted from the revenue calculated pursuant to subdivision (1) of this subsection as an allowance for the usual losses in collections due to discounts, exonerations, delinquencies and the like”, and the period, and inserting in lieu thereof the following:

            “(2) The For each fiscal year beginning before July 1, 2014, the state board shall then apply these rates to the assessed taxable value of other property in each classification in the county as determined by the Tax Commissioner and shall deduct therefrom five percent as an allowance for the usual losses in collections due to discounts, exonerations, delinquencies and the like. For each fiscal year beginning after June 30, 2014, the state board shall then apply these rates to the assessed taxable value of other property in each classification in the county as determined by the Tax Commissioner and shall deduct therefrom four percent as an allowance for the usual losses in collections due to discounts, exonerations, delinquencies and the like.

            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. 29), and there were--yeas 92, nays 3, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Anderson, McCuskey and E. Nelson.

            Absent and Not Voting: Ambler, Barill, J. Nelson, Raines 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. 4002) passed.

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

            On this question, the yeas and nays were taken (Roll No. 30), 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: Ambler, Barill, J. Nelson, Raines and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4002) 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. 4139, Restricting parental rights of child custody and visitation when the child was conceived as a result of a sexual assault or sexual abuse; 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. 31), 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: Ambler, Barill, J. Nelson, Raines 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. 4139) passed.

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

Leaves of Absence

            At the request of Delegate White, and by unanimous consent, leaves of absence for the day were granted Delegates Ambler, Barill, J. Nelson, Raines and Walters.

Miscellaneous Business

            Delegate Marcum asked and obtained unanimous consent that the remarks of Delegates Craig, Hartman, Iaquinta, Swartzmiller, Walker, White and Williams regarding H. R. 6, Amending House Rule Nos. 25 and 26, relating to participation in House proceedings and voting by electronic teleconferencing by members not physically present due to serving on active duty, be printed in the Appendix to the Journal.

            Delegate Armstead also asked and obtained unanimous consent that the remarks of Delegates Butler and Gearheart regarding H. R. 6 be printed in the Appendix to the Journal.

            Delegate Lane asked and obtained unanimous consent that the remarks of Delegate Armstead, regarding H. R. 6 also be printed in the Appendix to the Journal.

            Delegate Frich then asked and obtained unanimous consent that the remarks of Delegate Shott regarding the action of the Senate regarding Senator Wells voting during the Democrat caucus to elect a President of the Senate, be printed in the Appendix to the Journal.

            At 12:59 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 30, 2014.

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