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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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__________*__________



 

Thursday, February 13, 2014

THIRTY-SEVENTH 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 Wednesday, February 12, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            Delegate White moved that the applicable provisions of House Rule 136, relating to privileges of the floor, be suspended for the day to extend privileges of the floor to invited guests for presentations by the House.

Committee Reports

            Delegate Pethtel, Chair of the Committee on Pensions & Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            H. B. 4375, West Virginia Voluntary Employee Retirement Accounts 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 (H. B. 4375) was referred to the Committee on Finance.

            Chairman Lawrence, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 4399, Prohibiting a local levying body from holding a special election under certain circumstances,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4399) was referred to the Committee on the Judiciary.

            Chairman Lawrence, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            H. B. 4305, Relating to the requirements of members of a building commission board be from the same political party,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4305) was referred to the Committee on Government Organization.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 4156, Creating the Safe and Efficient Parkways Act (SEPA),

            And,

            H. B. 4225, Providing for emergency contact information on driver’s license records with the Division of Motor Vehicles,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 4156 and H. B. 4225) were each referred to the Committee on the Judiciary.

            Delegate Staggers, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 4233, Relating to unattended motor vehicles,

            And,

            H. B. 4391, Relating to Dealer Recovery Fund,

            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. 4233 and H. B. 4391) were each referred to the Committee on the Judiciary.

            Delegate Diserio, Vice Chair of the Committee on Industry and Labor, submitted the following report, which was received:

            Your Committee on Industry and Labor has had under consideration:

            H. B. 4303, Oil and Gas Drilling Workplace Safety Act,

            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. 4303) was referred to the Committee on the Judiciary.

            Delegate Craig, Chair of the Committee on Energy, submitted the following report, which was received:

            Your Committee on Energy has had under consideration:

            H. B. 4449, Including proximity detection systems and cameras used on continuous mining machines and underground haulage equipment for tax credit purposes,

            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. 4449) was referred to the Committee on Finance.

            Delegate Walker, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 4405, Increasing the cap for collections into the land division special revenue account of the Department of Agriculture,

            And,

            H. B. 4439, Granting the Department of Agriculture the authority to create and maintain a program to encourage, support and develop West Virginia veterans into the field of agriculture,

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

            In accordance with the former direction of the Speaker, the bills (H. B. 4405 and H. B. 4439) were each referred to the Committee on Finance.

            Delegate Walker, Chair of the Committee Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 4273, Permitting co-owners of cows to receive raw milk from those cows,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee Health and Human Resources.

            In accordance with the former direction of the Speaker, the bill (H. B. 4273) was referred to the Committee on Health and Human Resources.

            Delegate Walker, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 3011, Removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed,

            And,

            H. B. 4410, Redefining auctioneer exceptions,

            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. 3011 and H. B. 4410) were each referred to the Committee on the Judiciary.

            Delegate Pino, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 4431, Clarifying that persons who possess firearms, hunting dogs or other indicia of hunting do not necessarily need to have a hunting license,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4431) was referred to the Committee on the Judiciary.

            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:

            Com. Sub. for S. B. 373, Relating to water resources protection,

            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 then Finance.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 373) was referred to the Committee on the Judiciary then Finance.

Messages from the Senate

             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. 133 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to horizontal well development; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to state certification of activities requiring federal licenses and permits; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment”; 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, 2014, and requested the concurrence of the House of Delegates in the passage, of

             Com. Sub. for S. B. 458 - “A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to certain fees in the circuit courts of the state to be dedicated to the support of civil legal services for low-income persons by depositing certain fees in the pre-existing Fund for Civil Legal Services for Low Income Persons; requiring the civil action filing fee apply to removal of cases from magistrate court; increasing the civil action filing fee; creating a new fee associated with certain civil court filings; and creating”; 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

            S. B. 483 - “A Bill to amend and reenact §18B-1B-6 of the Code of West Virginia, 1931, as amended, relating to renaming the administrative heads of the Potomac campus of West Virginia University and the West Virginia University Institute of Technology”; which was referred to the Committee on Education.

            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. 27 - “Urging the President of the United States and Congress to protect the nation’s water; to establish provisions that will prevent chemical spills from ever happening here or anywhere else again; to direct FEMA to continue to provide water supplies in affected areas in West Virginia; to direct the CDC, ATSDR and EPA to assemble a team to fully analyze the released chemicals and to determine the effects to human health and the environment from exposure to the chemicals from the date of the spill; and to direct the NIH to work with local health officials to diagnose and identify the present and future impacts on health due to exposure to these chemicals.”

            Whereas, An estimated ten thousand gallons of crude 4-methylcyclohexane methanol, known as MCMH, a chemical used to remove impurities from coal, and a mixture of polyglycol ethers, known as PPH, spilled into the Elk River in Kanawha County from a one-inch hole in a tank belonging to Freedom Industries; and

            Whereas, The spill took place a mile and a half upstream from a major intake for West Virginia American Water, a private company that provides municipal water in parts of nine counties, including the city of Charleston, the State Capital; and

            Whereas, Over three hundred thousand water customers in Boone, Cabell, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam and Roane counties were negatively affected by a ban on water use from January 9 through January 17, 2014; and

            Whereas, Individuals, families, employees, businesses and commerce were negatively affected in these counties, which subsequently caused a disruption to the economy of the entire state; and

            Whereas, The short-term and long-term effects to health from exposure to these chemicals have still not been determined, and accurate data related to the makeup of the chemicals remains unavailable for decision making; and

            Whereas, Many West Virginians, even those in areas not affected by the spill, are unsure of the safety of their water; and

            Whereas,         Many West Virginians continue to be afraid to use the water and are incurring additional expenses, such as purchasing bottled water for their homes and businesses; and

            Whereas, Schools are also burdened by these additional expenses, and the instructional day is disrupted by the change in routine and by the fears of the students; and

            Whereas, A release of harmful substances can happen in any community around the nation; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature urges the President of the United States and Congress to protect the nation’s water; to establish provisions that will prevent chemical spills from ever happening here or anywhere else again; to direct FEMA to continue to provide water supplies in affected areas in West Virginia; to direct the CDC, ATSDR and EPA to assemble a team to fully analyze the released chemicals and to determine the effects to human health and the environment from exposure to the chemicals from the date of the spill; and to direct the NIH to work with local health officials to diagnose and identify the present and future impacts on health due to exposure to these chemicals; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, members of the West Virginia congressional delegation, the Majority Leader of the United States Senate and the Speaker of the United States House of Representatives.

Resolutions Introduced

            Delegates Manypenny, Ambler, Barker, Boggs, Canterbury, Caputo, Cooper, Diserio, Eldridge, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Ferro, Fleischauer, Folk, Fragale, Gearheart, Guthrie, Hartman, Iaquinta, Kinsey, Longstreth, Marcum, Marshall, Moore, Moye, Paxton, Perdue, Perry, Pethtel, R. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Romine, Skaff, R. Smith, Sponaugle, Storch, Swartzmiller, Tomblin, Walker, Walters, White and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 89 - “Respectfully urging Congress to reenact provisions of the Glass-Steagall Banking Act.”

            Whereas, From 1933 to 1999 the Federal Banking Act of 1933, known as the Glass-Steagall Act, worked effectively to protect the public interest by separating the functions of commercial banking, from investment banking, insurance, and securities trading; and

            Whereas, The Glass-Steagall Act was repealed in 1999, expanding the ability of financial entities to exploit the financial system for their own gain in disregard of the public interest, and contributing to the greatest speculative bubble and subsequent worldwide economic distress since the Great Depression; and

            Whereas, Many of the financial services entities were saved by the United States Treasury at a cost of billions of dollars to American taxpayers; and

            Whereas, The Federal Reserve continues this bail-out process today, issuing $85 billion per month in cash throughout 2013 to the “too big to fail” Wall Street banks, to buy their devalued derivatives securities, and these banks have used the money to increase their speculation in financial derivatives, and have decreased lending to Main Street by $700 billion since 2008; and

            Whereas, Within the thousands of pages of the Dodd-Frank Wall Street Reform Act, there are no prohibitions preventing “too big to fail” financial services organizations from investing in or undertaking substantial risks in hundreds of trillions of dollars of derivative contracts; and

            Whereas, A new set of financial bubbles are in full swing, and the American taxpayers are at renewed risk of being forced to cover for losses incurred by derivatives gambling of the financial services conglomerates; and

            Whereas, Reenactment of Glass-Steagall provisions would protect the public from these bail-out costs, and free credit resources to be directed into large-scale infrastructure and other physical economic investments, with attendant restoration of skilled employment and the tax base; and

            Whereas, Bipartisan resolutions urging the United States Congress to reenact the Glass-Steagall banking provisions have been introduced into twenty-five state legislatures as of December 2013, and these resolutions have passed in four states thus far; and

            Whereas, In the United States House of Representatives, Congresswoman Marcy Kaptur has introduced H.R. 129, known as the Return to Prudent Banking Act of 2013, to reinstate the provisions of the Glass-Steagall Act, with 78 bipartisan cosponsors as of December 2013, and Reps. Walter Jones and John Tierney have introduced H.R. 3711, the “21st Century Glass-Steagall Act of 2013”; and

            Whereas, In the United States Senate, Senator Tom Harkin has introduced S. 985 to restore Glass-Steagall provisions, and Senators Elizabeth Warren, John McCain, Maria Cantwell and Angus King have introduced S. 1285, the “21st Century Glass-Steagall Act of 2013”, with six cosponsors as of December 2013; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the West Virginia Legislature urges the United States Congress and the President of the United States to enact the Glass-Steagall inspired legislation currently before Congress, which will reinstate the separation of commercial and investment banking functions, and prohibit commercial banks and bank holding companies from investing in stocks, underwriting securities or investing in or acting as guarantors to derivatives transactions; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the United States, to presiding officers of each house of Congress, and to each member of the West Virginia Congressional Delegation.

            Delegates Marcum, Armstead, Campbell, Caputo, Craig, Diserio, Eldridge, Ellem, Ferro, Fleischauer, Fragale, Frich, Hamilton, Hartman, Hunt, Iaquinta, Jones, Kinsey, Lynch, Manypenny, Moore, Morgan, Moye, O’Neal, Perdue, R. Phillips, Pino, Poore, Reynolds, Shott, Skinner, R. Smith, Sponaugle, Staggers, Stephens, Swartzmiller, Tomblin, White and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

 

            H. C. R. 90 - “Requesting the West Virginia Department of Education and the School Building Authority to build the needed and long overdue athletic facilities at Tug Valley High School.”

            Whereas, Tug Valley High School is one of only two high schools in Mingo County; and

            Whereas, Tug Valley High School was built in 1987 and had a plan to establish athletic facilities for many of the school’s sports programs; and

            Whereas, The athletic facilities at Tug Valley High School were never fully completed; and

            Whereas, The only facilities for students at Tug Valley High School are for football and basketball; and

            Whereas, Tug Valley High School’s football field is in horrible condition compared to football complexes throughout the State of West Virginia; and

            Whereas, Tug Valley High School needs a new football complex; and

            Whereas, Tug Valley High School needs improvements to its basketball gym; and

            Whereas, Tug Valley High School needs a weight room and other facilities to promote a healthy lifestyle; and

            Whereas, Tug Valley High School students deserve a softball field, tennis courts, walking track, baseball field, soccer field and improvements to their associated parking lots; and

            Whereas, Physical fitness is important to the health, well being and education of all their students; and

            Whereas, The students of Tug Valley High School deserve the same athletic opportunities which are comparable to those of other schools in West Virginia; and

            Whereas, The students of Tug Valley High School have done without for long enough; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the West Virginia Department of Education and the School Building Authority should build the needed and long overdue athletic facilities at Tug Valley High School; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the West Virginia Department of Education, the School Building Authority and the Mingo County Board of Education.

            Delegates Eldridge, Perry, R. Phillips, Tomblin, Barker and Moye offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 91 - “Expressing the continued concern of the West Virginia House of Delegates about the Environmental Protection Agency’s (EPA) plans to regulate greenhouse gas emissions from power plants to the President of the United States. These regulations amount to a direct attack on America’s most abundant natural resource – coal.”

            Whereas, Coal is integral to the economic livelihood of hundreds of thousands of West Virginians. From the coalfields of southern West Virginia to the state’s eastern panhandle, connected by hundreds of miles of rail lines, individuals and local governments depend on coal for their continued existence; and

            Whereas, Coal taxes provide a significant portion of school funding in southern West Virginia. A direct side-effect of these regulations will be a reduction in education funding in an area of the country that needs it the most; and

            Whereas, Coal provides a significant amount of West Virginia’s electricity, and the low-cost power it produces has helped West Virginia to become a leading manufacturing state. Coal-generated electricity also benefits West Virginia families by keeping their utility bills low. But future emissions standards from the EPA will jeopardize the affordable, reliable power and economic benefits that coal brings to millions of West Virginians; and

            Whereas, The EPA’s proposed regulations of power-plant carbon dioxide emissions are a de facto ban on coal-fired power plants in the United States. Utilities across the country have invested tens of billions of dollars to bring coal-fired power plants into compliance with current EPA regulations. Advances in high-efficiency coal technology can further reduce carbon dioxide emissions by forty percent. By increasing emission standards to unrealistic levels, the EPA would jeopardize this investment and the reliability of the nation’s power grid; and

            Whereas, With the EPA’s recent decision to reconsider the pending rule, it is important that any new proposal reflect emission standards that are realistically achievable by currently available best-in-class generation technologies; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the West Virginia House of Delegates hereby strongly urges the President of the United States to reject policies that would further harm coal-based electricity generation that provides our residents and businesses the affordable, reliable power they need to prosper. With thoughtful policies we can address emissions while ensuring our nation’s continued prosperity and economic competitiveness through the continued use of America’s most abundant energy resource – coal; and, be it

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

            On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

Mr. Speaker, Mr. Miley, and Delegates Armstead, Manchin, Boggs, Young, White, Barker, Sponaugle, Diserio, Ashley and O’Neal:

            H. J. R. 108 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to exempting certain nonprofit youth organizations from taxation on property owned by the organization which is leased or used to support the organization; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Finance.

Bills Introduced

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

By Delegates Sponaugle, Reynolds, Skinner, Poore, Wells, Moore, Marcum, Ferro, Pino, Manchin and Hunt:

            H. B. 4490 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-3-1a; to amend and reenact §5-3-2, §5-3-3, §5-3-4 and §5-3-5 of said code; to amend said code by adding thereto a new section, designated §5-3-6; and to amend and reenact §5A-3-13 of said code, all relating to management of legal proceedings of the state and its political subdivisions; specifying the manner in which the Attorney General contracts for legal services; establishing ethical limitations and requiring withdrawal by the Attorney General from certain proceedings and actions when a conflict of interest may or does exist; limiting the Attorney General’s common law authority; providing that court rules supercede statutes in certain circumstances; authorizing hiring of special assistant attorneys general when a conflict exists; providing requirements for special assistant attorneys general contracts; providing requirements for certain requests for proposals; requiring certain reports to be prepared for the Governor and the Joint Committee on Government and Finance regarding certain contracts for legal services with the Attorney General; limiting the amount of fees payable for legal services for the Attorney General; providing for the disposition of funds or assets recovered in a legal action or settlement by or on behalf of the general public, the state or its officers, agencies or political subdivisions; establishing the Attorney General’s litigation support fund; providing for the deposit of certain money into the fund; providing for the deposit of certain money into the General Revenue Fund of the state and exceptions thereto; requiring certification, records and reports of certain moneys recovered and prescribing the use thereof; requiring certain disposition of funds to be held in trust; limiting certain powers to administrate certain funds; requiring legislative appropriation of certain funds; requiring certain advice be given to courts; prohibiting agreements to settle contrary to law; and requiring that contracts proposed by the Attorney General be approved as to form by the Secretary of State”; to the Committee on the Judiciary.

By Delegates Poore, Fleischauer and Skaff

            [By Request of the Secretary of State’s Office]:

            H. B. 4491 - “A Bill to amend and reenact §3-5-24 of the Code of West Virginia, 1931, as amended, relating to where certificates of nomination are filed for municipal elections; filing deadlines for certificates of nomination for municipal elections not held in conjunction with regular state and county general elections; and clarifying with whom the certificates are filed and to whom the fees are to be paid”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Craig, White, Canterbury, Anderson and Skaff:

            H. B. 4492 - “A Bill to repeal §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-6-2 and §12-6-11 of said code, all relating to investment of moneys by the West Virginia Investment Management Board; modifying the definition of the term ‘securities’; imposing the prudent investor standard of care set forth in the West Virginia Uniform Prudent Investor Act as the primary standard of care for the trustees of the West Virginia Investment Management Board; removing certain restrictions on investments by the Investment Management Board; and restating certain restrictions on investments by the West Virginia Investment Management Board”; to the Committee on Finance.

By Delegate Ferns:

            H. B. 4493 - “A Bill to repeal §14-2-2 of the Code of West Virginia, 1931, as amended, relating to venue for certain suits and actions in claims due and against the state”; to the Committee on the Judiciary.

By Delegate Ferns:

            H. B. 4494 - “A Bill to amend and reenact §22A-10-1 of the Code of West Virginia, 1931, as amended, relating to Emergency Medical Technicians - Mining; providing for the initial training course for certification as an Emergency Medical Technician - Mining to be offered quarterly; providing that childbirth and pediatrics may be excluded from the Emergency Medical Technician - Mining curriculum; authorizing an Emergency Medical Technician - Mining to administer certain medications; and rules”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Hamrick, Butler, Sobonya, Miller, Storch, Raines and McCuskey:

            H. B. 4495 - “A Bill to amend and reenact §18-2-1 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Board of Education; requiring election of six members; requiring Governor to appoint three members; providing six-year terms; and including residency requirements”; to the Committee on Education then the Judiciary.

By Delegates Skaff, Mr. Speaker, Mr. Miley, Armstead, Lane, E. Nelson, Fragale, Moore, McCuskey and Poore:

            H. B. 4496 - “A Bill to amend and reenact §18B-18A-1, §18B-18A-2 and §18B-18A-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18B-18A-3a; and to amend and reenact §18B-18A-8, §18B-18A-9 and §18B-18A-11 of said code, all relating to providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund generally; expanding the eligible recipients of matching funds to include West Virginia State University in certain instances; modifying criteria for eligibility to receive certain matching funds; delineating funds attributed to moneys before January 1, 2014 and those after that date; and requiring a new legislative rule”; to the Committee on Education then Finance.

By Delegates Caputo, Stephens, Ashley, Swartzmiller, Diserio, Ferro, Storch, Lawrence, Fleischauer, Morgan and Manypenny:

            H. B. 4497 - “A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to workers’ compensation; creating a rebuttable presumption that development of certain cancers by professional or volunteer firefighters arose out of the course of employment; and requiring the Insurance Commissioner to study the effects of the rebuttable presumption”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Ashley, Anderson, Arvon, Butler, Espinosa, D. Evans, Faircloth, Frich, Raines, R. Smith and Westfall:

            H. B. 4498 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all relating to creating the Jobs Impact Statement Act; requiring a jobs impact statement for certain proposed legislation; the contents of the statement; and providing that the West Virginia Development Office prepare a jobs impact statement when requested by the Governor or leader of either House of the Legislature”; to the Committee on the Judiciary then Finance.

By Delegates Skinner, Lawrence and Barrett:

            H. B. 4499 - “A Bill to amend and reenact §36B-1-103, §36B-1-104, §36B-1-108, §36B-1-201, §36B-1-203, §36B-1-204, §36B-1-206 and §36B-1-207 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto four new sections, designated §36B-1-115, §36B-1-116, §36B-1-208 and §36B-1-209; to amend and reenact §36B-2-103, §36B-2-105, §36B-2-106, §36B-2-109, §36B-2-111, §36B-2-112, §36B-2-113, §36B-2-116, §36B-2-117, §36B-2-118 and §36B-2-119 of said code; to amend said code by adding thereto two new sections, designated §36B-2-123 and §36B-2-124; to amend and reenact §36B-3-101, §36B-3-102, §36B-3-103, §36B-3-105, §36B-3-106, §36B-3-108, §36B-3-109, §36B-3-110, §36B-3-111, §36B-3-112, §36B-3-113, §36B-3-114, §36B-3-115, §36B-3-116, §36B-3-117 and §36B-3-118 of said code; to amend said code by adding thereto five new sections, designated §36B-3-120, §36B-3-121, §36B-3-122, §36B-3-123 and §36B-3-124; and to amend and reenact §36B-4-101, §36B-4-102, §36B-4-103, §36B-4-108, §36B-4-109, §36B-4-112, §36B-4-113, §36B-4-114, §36B-4-116 and §36B-4-117 of said code, all relating to updating the Uniform Common Interest Ownership Act; and providing for applicability of the chapter”; to the Committee on the Judiciary.

By Delegates Morgan, Poore, D. Poling, Manypenny and Sponaugle

            [By Request of the Secretary of State’s Office]:

            H. B. 4500 - “A Bill to amend and reenact §29-19-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-18-10 of said code; and to amend and reenact §30-39-6 of said code, all relating requirements for business registration; requiring charities, athlete agents, private investigators and security guards to have a valid business registration to be licensed or registered; and requiring sole proprietors to have a valid business registration certificate to be licensed or registered”; to the Committee on Government Organization then the Judiciary.

By Delegates Sumner, Cooper, O’Neal, Arvon, Shott, Moye, Ambler, Gearheart, Staggers, Miller and Sobonya:

            H. B. 4501 - “A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to dangerous weapons; persons possessing deadly weapons on premises of educational facilities; and exempting law-enforcement officers acting as security for schools from the prohibitions of this section when certain conditions are met”; to the Committee on Education then the Judiciary.

By Delegates Gearheart, Shott, Hamrick, Staggers, Howell, Ellington and Miller:

            H. B. 4502 - “A Bill to amend and reenact section 1, article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to reauthorizing with amendment the Commissioner of Highways legislative rule contained in title one hundred fifty-seven, series six of the code of state rules relating to use of state road rights-of-way and adjacent areas(157CSR6)”; to the Committee on the Judiciary.

By Delegates Marshall, Iaquinta, Williams, Anderson and A. Evans:

            H. B. 4503 - “A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof”; to the Committee on Finance.

By Delegates Perry, Morgan, Campbell and Ellem:

            H. B. 4504 - “A Bill to amend and reenact §49-7-1 of the Code of West Virginia, 1931, as amended, relating to providing for sharing juvenile records in certain circumstances with another state; authorizing the Division of Juvenile Services to enter into reciprocal agreements with other states; specifying the information which may be shared; authorizing rule-making authority in certain instances in the Division of Juvenile Services; and providing limitations on this process”; to the Committee on the Judiciary.

By Delegates Householder, Kump, Faircloth, Folk and Butler:

            H. B. 4505 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1 and §16-46-2, all relating to federal health care legislation; legislative findings; invalidity in this state; violations and providing criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates D. Poling, White, Marcum, Manchin, Caputo, Morgan, Walker and Guthrie:

            H. B. 4506 - “A Bill to amend and reenact §11-21-4e of the Code of West Virginia, 1931, as amended, relating to decreasing the personal income tax rates for certain taxpayers and raising the personal income tax rates for certain other taxpayers”; to the Committee on Finance.

By Delegates Iaquinta, Diserio, Longstreth, Manypenny, Barrett, Ferro, Lynch, Morgan, Cadle, Storch and Hamilton:

            H. B. 4507 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-30, relating to providing that the identity of a lottery winner may not be publicly disclosed without the permission of that winner”; to the Committee on the Judiciary.

By Delegate Poore

            [By Request of the Secretary of State’s Office]:

            H. B. 4508 - “A Bill to amend and reenact §29A-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29A-3-1a, §29A-3-4, §29A-3-8, §29A-3-13 and §29A-3-15 of said code, all relating generally to the state Administrative Act and rules; defining a new term; setting forth requirements for amendments to existing rules, proposed new rules and the repeal of existing rules; establishing filing and adoption requirements for legislative exempt rules; changing the effective date of certain rules; requiring a list of interested parties be provided with emergency rules; and changing the number of copies required when filing an emergency rule”; to the Committee on the Judiciary.

By Delegates Skinner, Barrett, Lawrence, Kump, Espinosa, Cowles, Faircloth, Overington and Householder:

            H. B. 4509 - “A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge for the twenty-third judicial circuit consisting of Berkeley, Jefferson and Morgan counties”; to the Committee on the Judiciary then Finance.

By Delegates Lawrence, Poore, L. Phillips, Cowles, Sponaugle, Fleischauer, Kinsey, Perdue, Young, Reynolds and Marshall:

            H. B. 4510 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-12a, relating to establishing a bill of rights for children in foster care”; to the Committee on the Judiciary.

By Delegates Eldridge, Caputo, Morgan, Guthrie and White:

            H. B. 4511 - “A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931, as amended, relating to distributing money that was set aside from the West Virginia Greyhound Breeder Development Fund for two dog training track facilities to West Virginia residents who had earnings from the West Virginia Greyhound Breeder Development Fund during the period 1996 through 2001”; to the Committee on the Judiciary then Finance.

By Delegates Poore, Manypenny, Sponaugle and D. Poling

            [By Request of the Secretary of State’s Office]:

            H. B. 4512 - “A Bill to amend and reenact §31B-10-1003, of the Code of West Virginia, 1931, as amended; to amend and reenact §31D-15-1501 of said code; to amend and reenact §31E-14-1401; to amend said code by adding thereto a new section, designated §47-9-64; and to amend said code by adding thereto a new section, designated §47B-10-6, all relating to consistency regarding exemptions for businesses; standardization of limited liability companies, limited partnership, and limited liability partnership in accordance to existing corporate exemptions”; to the Committee on Small Business, Entrepreneurship and Economic Development then the Judiciary.

By Delegate M. Poling:

            H. B. 4513 - “A Bill to repeal §18B-1A-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-2-39; to amend said code by adding thereto a new article, designated §18B-1G-1, §18B-1G-2, §18B-1G-3, §18B-1G-4, §18B-1G-5, §18B-1G-6, §18B-1G-7, §18B-1G-8, §18B-1G-9 and §18B-1G-10; and to amend and reenact §18B-3-4 of said code, all relating to creating the College Degree Attainment Act; modifying findings; deleting certain requirements; setting a new date; establishing an implementation strategy; providing definitions; targeting adults to complete their degrees; setting forth financing, budgeting and funding requirements; establishing dates; providing for accelerated and corequisite developmental education delivery; establishing credit requirements; providing for structured schedules; establishing a Guided Pathways to Success program; providing for transfer of course credits; requiring reporting; requiring rulemaking; and eliminating certain graduation statistical requirements”; to the Committee on Education then Finance.

By Delegates Manypenny, Jones, Fragale, Caputo, Diserio and Longstreth:

            H. B. 4514 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-6F-1, §49-6F-2, §49-6F-3 and §49-6F-4, all relating to creating the Office of Child Protection Ombudsman; making findings; prescribing that the office be independent; providing how the ombudsman is to be appointed; setting forth specific powers and duties; requiring the ombudsman to investigate complaints against circuit and family law judges concerning alleged failures to adequately protect children; requiring rule-making; providing for confidentiality; and creating misdemeanor penalties”; to the Committee on Health and Human Resources then Finance.

By Delegates Skinner, Poore, Lane, Fleischauer, Manypenny, Hunt, Manchin, Guthrie, Lawrence, Skaff and Wells:

            H. B. 4515 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-29; 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 and §22-30-18, all relating to generally preventing and mitigating catastrophes involving toxic substances; providing the Division of Homeland Security and Emergency Management with subpoena powers; giving the division the ability to hire hearing examiners and other staff; giving a short title to article thirty, chapter twenty-two of this code; providing legislative findings and a purpose for the section; defining terms in the article; listing extraordinarily hazardous substances; providing a registration process for facilities that generate, store or handle toxic substances; listing safer materials, methods and technologies; providing a risk management program for registrants; providing a process for a risk management assessment; providing a hazardous substance risk reduction plan; providing a process for verification of compliance; authorizing the division to propose legislative rules regarding the issuance of insurance; requiring the agency to propose rules for the protection of confidential information; providing violations and penalties for violations of this article; providing for collection of fees from facility owners and operators; providing guidance for the division’s working relationship with local governmental bodies; providing the division with adjudicative powers; providing the division with an adjudicatory procedure and process; and providing an appeal process on final judgments”; to the Committee on the Judiciary then Finance.

By Delegates Poore, Perry, Guthrie, Skaff, Pethtel, L. Phillips, Marshall, Lawrence, Iaquinta, Staggers and Young:

            H. B. 4516 - “A Bill to amend and reenact §18-2-26 of the Code of West Virginia, 1931, as amended, relating to multicounty regional educational service agencies; and prohibiting the use of these educational service agencies by county boards of education for displacement or employment of service personnel positions and professional instructional personnel positions”; to the Committee on Education.

By Delegates Moore, Hunt, Hartman and Campbell:

            H. B. 4517 - “A Bill to amend and reenact §11-5-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-3-12b of said code, all relating to cancelling certificates of title for certain mobile and manufactured homes, clarifying that a mobile home permanently attached to the real estate by the owner may not be classified as personal property if the owner has filed a canceled certificate of title with the clerk of the county commission and the clerk has recorded the canceled certificate of title, increasing the fee for title cancellation, designating a portion of the fee to the clerk of the county commission recording the cancellation, and providing a procedure for returning a canceled title to an owner or lienholder”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Ellington, Arvon, Cooper, Kump and Rowan:

            H. B. 4518 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-29, relating to penalties for underage tobacco use; and requiring parents or guardians to perform community service along with their underage child who has violated underage smoking provisions”; to the Committee on the Judiciary.

By Delegates Manypenny, Longstreth, A. Evans, Fragale, Jones, Diserio and Caputo:

            H. B. 4519 - “A Bill to amend and reenact §48-9-103 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-10-403 and §48-10-502 of said code, all relating to grandparent’s rights; permitting the grandparent or psychological parent to institute an action for custodial or decision-making responsibility of a child; allowing a guardian ad litem to recommend a psychological evaluation; increasing the importance of the factor considering the grandparent’s significant caretaking of the child; and minimizing a parent’s bias toward a grandparent as a factor”; to the Committee on the Judiciary.

By Delegates P. Smith, Campbell, Guthrie, Reynolds, Moye, Caputo, Skaff, L. Phillips, Fleischauer, Lynch and Staggers:

            H. B. 4520 - “A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of annual and incremental salary increases for eligible employees from $60 to $80”; to the Committee on Finance.

By Delegates Moore, Hunt, Hartman, Campbell and E. Nelson:

            H. B. 4521 - “A Bill to amend and reenact §46-9-515 of the Code of West Virginia, 1931, as amended, relating to financing statements covering as-extracted collateral or timber to be cut”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Ellington, Ambler, Arvon, Border, Butler, Faircloth, Ferns, Frich, Miller, R. Smith and Sobonya:

            H. B. 4522 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6; relating to implementing drug testing for recipients of federal-state and state assistance who have been convicted of a drug crime”; to the Committee on the Judiciary then Finance.

By Delegates Manypenny, Sponaugle, A. Evans, Guthrie and Walker:

            H. B. 4523 - “A Bill to amend and reenact §19-15-12 of the Code of West Virginia, 1931, as amended, relating to the West Virginia fertilizer law; requiring that the Commissioner of Agriculture propose rules for legislative approval that prohibit lawn maintenance fertilizer containing more than zero percent phosphorus or other compounds containing phosphorus, such as phosphate, from being registered with the commissioner or offered for sale, distribution or use in the state beginning July 1, 2014; providing grace period; and penalty for failure to comply”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Skaff, McCuskey, Eldridge, Reynolds, Arvon, Campbell, Ireland, Miller, Ellington, Morgan and Poore:

            H. B. 4524 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1 and §15-14-2; and to amend said code by adding thereto two new sections, designated §60A-10-5a and §60A-10-5b, all relating to stopping the sale of ephedrine, pseudoephedrine and phenylpropanolamine for illicit purposes; creating within the State Police a methamphetamine registry; requiring the Superintendent of the State Police to propose rules relating to the methamphetamine registry; restricting the sale of ephedrine, pseudoephedrine or phenylpropanolamine to individuals on the registry; and defining and creating a penalty for smurfing”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Morgan, Poore, D. Poling, Manypenny and Sponaugle

            [By Request of the Secretary of State’s Office]:

            H. B. 4525 - “A Bill to amend and reenact §59-1-2a of the Code of West Virginia, 1931, as amended, relating to eliminating late fees charged by the Secretary of State; eliminating fees charged to domestic corporations, foreign corporations, domestic limited liability companies, and foreign limited liability companies for the late filing of annual reports”; to the Committee on Small Business, Entrepreneurship and Economic Development then the Judiciary.

Daily 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. C. R. 2, The “USMC CPL Larry G. Carnutte Memorial Bridge”,

            Com. Sub. for H. C. R. 3, The “Army Captain Thomas McElwain Memorial Bridge”,

            Com. Sub. for H. C. R. 4, The “Army Corporal Eldred Jennings Hensley Memorial Bridge”,

            Com. Sub. for H. C. R. 5, The “Sergeant Elzie Mundy, Jr. Bridge”,

            Com. Sub. for H. C. R. 6, The “Marine LCpl Benny A. Gilco Bridge”,

            H. C. R. 7, The “Kerry Albright Road”,

            Com. Sub. for H. C. R. 8, The “Oral Gene Castle Bridge”,

            Com. Sub. for H. C. R. 24, Fredrick Dempsey Bridge,

            H. C. R. 26, Requesting the Division of Highways to build the bridge on County Route 65/03 located near Tug Valley High School,

            Com. Sub. for H. C. R. 28, William S. Croaff Memorial Bridge,

            Com. Sub. for H. C. R. 30, Everett Ronnie Fields, Sr. Memorial Bridge,

            Com. Sub. for H. C. R. 32, Joe “Toby” Slade Memorial Bridge,

            Com. Sub. for H. C. R. 33, Army Sergeant Andrew Clark Bridge,

            Com. Sub. for H. C. R. 34, Marine Private Rudy Varney Bridge -Purple Heart Recipient,

            Com. Sub. for H. C. R. 36, Army Sergeant Billy E. Vinson Memorial Bridge,

            Com. Sub. for H. C. R. 38, W.T. Elswick Memorial Bridge,

            Com. Sub. for H. C. R. 44, Carnie L. Spratt Memorial Bridge,

            H. C. R. 46, Ingram’s Way,

            H. C. R. 49, Army PFC Lilborn Dillon Memorial Road,

            Com. Sub. for H. C. R. 50, Fleming Drive,

            And,

            Com. Sub. for H. C. R. 52, Kenneth A. Chapman Sr. Memorial Bridge.

            Com. Sub. for H. C. R. 60, Lester W. ‘Cappy’ Burnside, Jr. Bridge; coming up in regular order, as unfinished business, was read by the Clerk.

            The question now being on the adoption of the resolution, Delegate White demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 62), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Barill, Barker, Ellem, Marshall, J. Nelson, Paxton, L. Phillips, D. Poling and Raines.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 60) adopted.

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

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

            H. C. R. 61, Restoring federal funding for the National Radio Astronomy Observatory in Green Bank, Pocahontas County,

            Com. Sub. for H. C. R. 62, John W. Pyles Bridge,

            Com. Sub. for H. C. R. 63, Army SPC Gary Wayne Hudnall Memorial Bridge,

            Com. Sub. for H. C. R. 65, Army SP4 Harold “Skip” Grouser Memorial Bridge,

            And,

            Com. Sub. for H. C. R. 66, Quentin H. Wickline Memorial Bridge.

            Com. Sub. for H. C. R. 79, Ord Brothers Memorial Bridge; coming up in regular order, as unfinished business, was reported by the Clerk.

            At the request of Delegate White, and by unanimous consent, the resolution was laid over.

Third Reading

            H. B. 4154, Fixing a technical error relating to the motor fuel excise tax; 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. 63), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Barill, Barker, Ellem, Marshall, J. Nelson, Pasdon, Paxton, L. Phillips, D. Poling and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4154) 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. 4154 - “A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended, relating to clarifying that the refundable amount from the flat rate component of the motor fuel excise tax for certain qualified persons remains six cents per gallon.”

            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. 4237, Prohibiting the sale, distribution and use of electronic cigarettes, vapor products and other alternative nicotine products to persons under the age of eighteen; 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. 64), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Barill, Barker, Ellem, Marshall, J. Nelson, Pasdon, Paxton, L. Phillips, D. Poling and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4237) passed.

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

            Com. Sub. for H. B. 4237 -“A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-4, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to restrictions placed on products containing nicotine; defining vapor products and alternative nicotine products; exclusions; limiting the use of and sale of vapor products and alternative nicotine products to persons under the age of eighteen in the same manner as tobacco and tobacco products; prohibiting the sale or furnishing of vapor products and alternative nicotine products to individuals under eighteen years of age; prohibiting the use and possession of vapor products or alternative nicotine product by an individual under eighteen years of age; allowing employers to dismiss an employee for cause for the knowing or intentional sale or furnishing of vapor products or alternative nicotine products to someone under the age of eighteen; allowing for the conduct of unannounced inspections to ensure compliance with sales restrictions; restricting the use of vapor products and alternative nicotine products on school grounds; restricting the sale of vapor products and alternative nicotine products in vending machines; criminal penalties; civil penalties; defenses and rulemaking.”

            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. 4412, Relating to special one-day licenses for charitable events to sell nonintoxicating beer or wine; 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. 65), and there were--yeas 75, nays 15, absent and not voting 10, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Border, Cadle, Cooper, Faircloth, Hamilton, Moye, O’Neal, Overington, R. Smith, Sobonya, Sumner, Walker and Westfall.

            Absent and Not Voting: Andes, Barill, Barker, Ellem, Marshall, J. Nelson, Paxton, L. Phillips, D. Poling and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4412) passed.

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

 

Second ReadingThe following bills on second reading, coming up in regular order, were read a second time and ordered to engrossment and third reading:

            H. B. 4159, Updating the meaning of federal adjusted gross income and certain other terms,

            Com. Sub. for H. B. 4188, Updating the authority and responsibility of the Center on Nursing,

            Com. Sub. for H. B. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission,

            And,

            H. B. 4301, Allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky.

            H. B. 4302, Relating to elections for public school purposes; on second reading, coming up in regular order, was, at the request of Delegate White, and by unanimous consent, laid over.

            The following bills on second reading, coming up in regular order, were read a second time and ordered to engrossment and third reading:

            Com. Sub. for H. B. 4343, West Virginia Project Launchpad Act,

            H. B. 4345, Relating to the West Virginia State Police Retirement System,

            H. B. 4364, Relating to the Public Employees Retirement System,

            And,

            H. B. 4366, Clarifying that the Teachers’ Retirement System annuity calculation for a member with reciprocal service credit shall be based on the final average salary calculation.

            Com. Sub. for H. B. 4394, Relating to the filling of professional personnel positions in the public schools; on second reading, coming up in regular order, was read a second time.

            On motion of Delegates M. Poling, Barrett, Lawrence and Espinosa, the bill was amended one page nine, line one hundred fifteen, following the words “on or before”, by striking out “February 21" and inserting in lieu thereof “January 15".

            On page fifteen, subdivision (5), line one hundred, by stiking out the following: “Each position not posted as required in this section shall be subtracted from the number of professional educators computed for state aid funding in accordance with section twelve, article nine-a, chapter eighteen of this code for the second month of the next school term” and the period, and inserting in lieu thereof the following: “The state board shall monitor and enforce the provisions of this subsection and section seven-a of this article regarding the posting of positions on the statewide job bank and report to the Legislative Oversight Commission on Education Accountability on its actions.

            On page nineteen, subdivision (2), line twenty, following the words “county is seeking applicants”, by striking out the words “and a uniform application and process for positions in any county” and inserting in lieu thereof the words “and appropriate contact and other information to facilitate application for the positions”.

            On page twenty-two, following subsection (e), by inserting a new subsection (f), to read as follows: “(f) The provisions of this section and section three of this article related to the required posting of positions on the statewide job bank are effective on and after January 1, 2015.

            And,

            On page forty-nine, subsection (p), subdivision (1), paragraph (A), line two hundred forty-eight, following the word “places”, by striking out the comma and the words “on the county website and on the statewide job bank” and inserting in lieu thereof the words “and on the county website”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4402, Providing a procedure for the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor,

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 H. B. 2165, Relating to death certificates of military veterans,

            Com. Sub. for H. B. 2895, Requiring display of POW/MIA flag on county courthouses and other government buildings,

            Com. Sub. for H. B. 4149, Allowing members of the Board of Public Works to be represented by designees and to vote by proxy,

            Com. Sub. for H. B. 4151, Relating to military members and their spouses who obtain licensure through professional boards,

            Com. Sub. for H. B. 4268, Relating to the administration of veterans’ assistance,

            Com. Sub. for H. B. 4309, Permitting a person to keep a firearm in his or her motor vehicle upon the grounds of the State Capitol Complex,

            Com. Sub. for H. B. 4347, Relating to affirmative defenses against mechanics’ liens,

            Com. Sub. for H. B. 4349, Clarifying retirement dependent child scholarship and burial benefits under a Qualified Domestic Relations Order,

            Com. Sub. for H. B. 4371, Making the theft of a traffic sign or traffic signal a felony,

            H. B. 4453, Relating to the calculation of child support obligations,

            And,

            H. B. 4454, Relating to the sale of alcoholic beverages on Sundays by private licensees.

Leaves of Absence

            At the request of Delegate White, and by unanimous consent, leaves of absence for the day were granted Delegates Andes, Barill, Barker, Ellem, Marshall, J. Nelson, Paxton, L. Phillips, D. Poling and Raines.

Remarks by Members

            Delegate Hunt addressed the House regarding sex offenders preying on children and bills he has introduced relative thereto, and at the conclusion thereof, Delegate Moore asked and obtained unanimous consent that his remarks be printed in the Appendix to the Journal.

            Delegate Gearheart addressed the House regarding the coal industry, and at the conclusion thereof, Delegate Armstead asked and obtained unanimous consent that said remarks be printed in the Appendix to the Journal.

            The following members asked and obtained unanimous consent that they be added as cosponsors of H. B. 2609, Relating to the Alternative and Renewable Energy Portfolio Act:

Delegates Eldridge, Marcum and R. Phillips.

            Delegate Swartzmiller addressed the House regarding Cap and Trade and alternative energy, and at the conclusion thereof, Delegate Perdue asked and obtained unanimous consent that his remarks be printed in the Appendix to the Journal.

            Delegate Sobonya addressed the House concerning her agreement with the remarks of Delegate Hunt, and stated her hope that the House would pass legislation relative to pedophile sex offenders, and at the conclusion of her remarks, Delegate Frich asked and obtained unanimous consent that they be printed in the Appendix to the Journal.

            Delegate Armstead addressed the House regarding Cap and Trade legislation, and at the conclusion thereof, Delegate Householder asked and obtained unanimous consent that his remarks be printed in the Appendix to the Journal.

            At 12:38 p.m., the House of Delegates adjourned until 10:00 a.m., Friday, February 14, 2014.

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