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House Journal


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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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__________*__________



 

Friday, February 14, 2014

THIRTY-EIGHTH DAY

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

 

 

            The House of Delegates met at 10:00 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 Thursday, February 13, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate White, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.

            At the request of Delegate White, and by unanimous consent, the House of Delegates proceeded to the Ninth Order of Business for the purpose of considering a resolution on Unfinished Business.

 

Unfinished Business

            The following resolution, coming up in regular order, as unfinished business, was read by the Clerk and adopted:

            Com. Sub. for H. C. R. 79, Ord Brothers Memorial Bridge.

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

Committee Reports

            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. 4393, Creating the Dangerous Wild Animals 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. 4393) 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. 4346, Establishing separate standards of performance for carbon dioxide emissions,

            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. 4346) 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. 4411, Allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities,

            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. 4411) was referred to the Committee on the Judiciary.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 4365, Relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board,

            And reports the same back with the recommendation that it do pass.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 4339, Ensuring that moneys from the Solid Waste Authority Closure Cost Assistance Fund are available to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill,

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

            Com. Sub. for H. B. 4339 - “A Bill to amend and reenact §22-16-11 and §22-16-12 of the Code of West Virginia, 1931, as amended, all relating to authorizing the expenditures of moneys from the Closure Cost Assistance Fund to facilitate the closure of the Elkins-Randolph County Landfill and the Webster County Landfill,”

            With the recommendation that the committee substitute do pass.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 4359, Relating to licensure of managing general agents of insurers,

            And,

            H. B. 4372, Permitting the Commissioner of Financial Institutions to file certain reports, data or information directly with the Division of Financial Institutions,

            And reports the same back with the recommendation that they each do pass.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 4445, Modifying the definition of “battery” and “domestic battery”,

            And reports the same back with the recommendation that it do pass.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 4294, Establishing standards for court reporters and entities that provide court reporting services,

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

            Com. Sub. for H. B. 4294 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §47-27-1, §47-27-2, §47-27-3 and §47-27-4, all relating to the establishment of standards for court reporters and entities providing court reporting services; prohibiting certain conduct by court reporters and persons utilizing or arranging for court reporting services; exempting certain court reporters and court reporting services; authorizing disclosure and certification of certain information; and creating civil penalties for violations,”

            With the recommendation that the committee substitute do pass.

            Delegate Manchin, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            H. B. 4067, 4068, 4069, 4070 and 4097, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,

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

            Com. Sub. for H. B. 4067 - “A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1031, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Military Affairs and Public Safety; 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 certain of the agencies to promulgate certain legislative rules as amended by the Legislature; 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 as amended by the Legislature; authorizing the State Fire Marshal to promulgate a legislative rule relating to certification of electrical inspectors; authorizing the Fire Commission to promulgate a legislative rule relating to the State Fire Code; authorizing the fire Commission to promulgate a legislative rule relating to certification of home inspectors; authorizing the Regional Jail and Correctional Facility Authority to promulgate a legislative rule relating to criteria and procedures for determination of projected cost per day for inmates incarcerated in regional jails operated by the Authority; and authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training and certification standards,”

            With the recommendation that the committee substitute do pass.

            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. 2606, Permitting the State Rail Authority to set the salary of the executive director,

            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. 2606) 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. 4451, Continuing the Office of Emergency Medical Services as an independent office within the Department of Military Affairs and Public Safety,

            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. 4451) 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. 2779, Relating to state recognition of Native American tribes,

            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. 2779) 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. 4245, Requiring certain professional boards regulating health care professions to gather information for the Higher Education Policy Commission and the Legislative Oversight Commission,

            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 Health and Human Resources.

            In accordance with the former direction of the Speaker, the bill (H. B. 4245) was referred to the Committee on Health and Human Resources.

            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. 4384, Requiring teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan,

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

            Com. Sub. for H. B. 4384 - “A Bill to amend and reenact §18-20-1c of the Code of West Virginia, 1931, as amended, relating to education of exceptional children; requiring processes for certain other teachers of students with exceptional needs to either participate or document understanding of student’s individualized education program; and requiring modifications if needed or identified. d meeting or to read and sign a copy of the individualized education program plan indicating that they have read the plan,”

            With the recommendation that the committee substitute do pass.

            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. 4316, Creating the student data accessability, transparency and accountability 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. 4316) was referred to the Committee on the Judiciary.

            Delegate Boggs, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. B. 4178, Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia,

            And reports the same back with the recommendation that it do pass.

            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. 3108, Relating generally to nursing homes, 

            And,

            H. B. 4141, Relating to licenses to sell paraphernalia for use with controlled substances,            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. 3108 and H. B. 4141) were each referred to the Committee on the Judiciary.

            The following members asked and obtained unanimous consent that they be added as cosponsors of H. B. 2446, Creating the crime of soliciting a minor: Delegates Craig, Pino and P. Smith.

Messages from the Executive

            Mr. Speaker, Mr. Miley, presented a communication from His Excellency, the Governor, advising that on February 13, 2014, he approved S. B. 341, H. B. 4177 and H. B. 4182.

Messages from the Senate

            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. 20 - “Recognizing the value and importance of the state’s innovation industry, which is interested in realizing the long-term economic opportunities that an innovation-based economy can provide our state’s citizens.”

            Whereas, Research and innovation continue to be bedrocks of America’s economic strength and vitality; and

            Whereas, Facilitating innovation-based economic development and the growth of entrepreneurial companies are critical to our state’s future and prosperity; and

            Whereas, In 2013, West Virginia continued to make good progress toward a broader, more robust innovation economy; and

            Whereas, Entrepreneurs and small businesses create the vast majority of the new jobs in the United States; and

            Whereas, Research and development activities being done in federally funded, university and private laboratories in our state are important for new discoveries, scientific and engineering solutions and potential commercialization opportunities; and

            Whereas, Recent studies point to the need for states to nurture research and development activities, develop innovation assets and grow businesses to diversify their economies; and

            Whereas, A technology-based economic development study by the Battelle Technology Partnership Practice highlighted four key innovation clusters where West Virginia should focus its innovation efforts; and

            Whereas, These four key innovation clusters are advanced energy, chemicals/advanced materials, biometrics and identity management, and biotechnology; and

            Whereas, Innovations in manufacturing, such as 3D printing, are opening new opportunities for West Virginia’s small manufacturing firms to develop new products and processes to improve their bottom lines; and

            Whereas, There is growing interest in entrepreneurship across our state as business plan competitions are attracting record-setting numbers of applications and other groups are exploring ways to bring entrepreneurship education into the K-12 system; and

            Whereas, Improving access to risk capital is a critical need that is being addressed by existing and new public and private programs, such as the West Virginia Capital Access Program, the 1NNOVA Fund, the West Virginia Growth Investment LLC and the Appalachian Community Capital; and

            Whereas, More than one hundred organizations, agencies and companies are working together to help advance the state’s innovation and entrepreneurship potential and capacity; and

            Whereas, West Virginia has developed an integrated ecosystem of organizations, agencies and financial firms working collaboratively to spur innovation enterprises and jobs; and

            Whereas, Many of these innovation drivers are here at the Capitol today as part of the “Innovation & Entrepreneurship Day” hosted by Industries of the Future-West Virginia and TechConnectWV; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby recognizes the value and importance of the state’s innovation industry, which is interested in realizing the long-term economic opportunities that an innovation-based economy can provide our state’s citizens; and, be it

            Further Resolved, That the innovation industry is interested in realizing the long-term economic opportunities that an innovation-based economy can provide our state’s citizens; and, be it

            Further Resolved, That the Legislature expresses its strong support for continued R&D advancements and applauds the collaborative efforts that are demonstrated by the organizations, agencies and companies that are supporting “Innovation & Entrepreneurship Day” at the Capitol; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Industries of the Future--West Virginia and TechConnectWV.

Resolutions Introduced

            Delegate Boggs, Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Barker, Barrett, Border, Butler, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Craig, Diserio, Eldridge, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Ferro, Fleischauer, Folk, Fragale, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hartman, Householder, Howell, Hunt, Iaquinta, Ireland, Jones, Kinsey, Kump, Lane, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marcum, Marshall, McCuskey, Mr. Speaker, Mr. Miley, Miller, Moore, Morgan, Moye, E. Nelson, O’Neal, Overington, Pasdon, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, M. Poling, Poore, Raines, Reynolds, Romine, Rowan, Shott, Skaff, Skinner, Smith, P. Smith, R., Sobonya, Sponaugle, Staggers, Stephens, Storch, Sumner, Swartzmiller, Tomblin, Walker, Walters, Wells, Westfall, White, Williams and Young offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 92 - “Requesting that the West Virginia School Building Authority waive local matching requirements and fund all needed improvements for the West Virginia School for the Deaf and the Blind.”

            Whereas, The West Virginia School for the Deaf and Blind facilities are outdated, do not meet all the life and safety codes, and are not compliant with the Americans With Disabilities Act, yet serve a population most in need of compliant classrooms and quarters; and

            Whereas, The facilities of the West Virginia School for the Deaf and Blind are not optimized for twenty-first century technology and learning experiences which are especially critical to the workforce and life-skills development of the school’s students; and

            Whereas, No residential or educational facility on its campus has undergone significant renovation during the past twenty years and no new residential construction for instructional or student purposes has been undertaken in the last forty years; and

            Whereas, Children and youth from counties all over the state attend the West Virginia School for the Deaf and the Blind, yet these counties are neither responsible for the cost of their educations nor the maintenance of these facilities; and

            Whereas, The Legislature created the School Building Authority, dedicated State revenues for its purposes and has resisted binding intrusion into its affairs and revenues; and

             Whereas, The Governor, in recognition of the State’s difficult budget situation has frozen certain spending and hiring, recommended broad reductions in his requested budgets for successive years, and recommended expirations from the Revenue Shortfall Reserve Fund and various legislative and other funds to make ends meet; and

            Whereas, The School Building Authority exists to meet the needs of all public schools of the State; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests that the School Building Authority waive local matching requirements, which are irrelevant to these schools that are operated exclusively by the State, and fund all needed improvements to the West Virginia School for the Deaf and the Blind in accordance with its expertise; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the State Superintendent of Schools, the Superintendent of the West Virginia School for the Deaf and the Blind, the Executive Director of the School Building Authority, the Secretary of State and the Governor of West Virginia.

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

            By Delegates Lane and Manchin:

            H. J. R. 109 - “Proposing an amendment to the Constitution of the State of West Virginia, amending Article X by adding thereto a new section, designated section one-d, relating to authorizing the exemption from ad valorem taxation of tangible personal property directly used in commercial and industrial businesses; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary then Finance.

            Delegates Skinner, Lane, McCuskey and Poore offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 10 - “Amending the Rules of the House of Delegates, relating to requiring that a Water Impact Statement be attached to proposed legislation affecting water or water quality in the state.”

            Resolved by the House of Delegates:

            That the Rules of the House of Delegates be amended by adding thereto a new rule as follows:

Water Impact Statement

            95c. Prior to consideration, by the House of Delegates or by any of its committees, of a bill that increases or decreases the amount or quality of water available to individual citizens, employers, the state or any of its political subdivisions or in any manner proposes to enact, amend or repeal a provision generally relating to water within the state, the bill shall have attached to it a Water Impact Statement. The statement must conform to the requirements of form and content as prescribed by the Water Impact Statement Manual prepared and adopted by the Committee on Rules.

            When required, it is the responsibility of the member introducing the bill to obtain the Water Impact Statement.

            This rule does not prohibit consideration of a bill where, in the opinion of the chair of the committee to which the bill has been referred or in the opinion of the Speaker, a reasonable amount of time has transpired between when a Water Impact Statement was requested and no statement, or an incomplete one, has been provided.

            The phrase “Water Impact Statement” or the initials “WIS” must be clearly stamped or endorsed on the jackets of all bills that have statements attached to them.

            No act is void or voidable for noncompliance with this rule. This rule takes effect on January 1, 2015.

Motions

            Delegate Gearheart submitted a written motion, under the provisions of House Rule 82, to discharge H. B. 2609, Relating to the Alternative and Renewable Energy Portfolio Act from the Committee on Energy with a second reference to the Committee on the Judiciary, and further requesting that it be taken up for immediate consideration, which was read by the Clerk as submitted.

            Delegate Howell subsequently submitted a written motion, under the provisions of the rules, moving the previous question, which was also read by the Clerk as submitted.

            On the motion for the previous question, the Speaker inquired if the demand were sustained, which demand was sustained.

            The Speaker then inquired “Shall the main question be now put?” and on this motion, Delegate Howell demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 66), and there were--yeas 84, nays 11, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Ashley, Butler, Cadle, Cooper, Folk, Hamilton, Ireland, McCuskey, Overington, Staggers and Storch.

            Absent and Not Voting: Barill, Marshall, J. Nelson, Paxton and D. Poling.

            The main question being on the motion to discharge H. B. 2609 from the Committee on Energy, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 67), and there were--yeas 47, nays 48, absent and not voting 5, with the yeas and absent and not voting being as follows:

            Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller, E. Nelson, O’Neal, Overington, Pasdon, Raines, Romine, Rowan, Shott, P. Smith, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.

            Absent and Not Voting: Barill, Marshall, J. Nelson, Paxton and D. Poling.

             So, a majority of the members present and voting not having voted in the affirmative, the motion to discharge did not prevail.

Bills Introduced

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

By Delegates Skaff, Mr. Speaker, Mr. Miley, White, Craig, Hartman, Sponaugle, Williams, Pino, Guthrie and Poore:

            H. B. 4526 - “A Bill to amend and reenact §12-7-3, §12-7-6, §12-7-7 and §12-7-8a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §12-7-8b; and to amend and reenact §12-7-9, §12-7-10, §12-7-13 and §12-7-14 of said code, all relating generally to the West Virginia Jobs Investment Trust Fund economic development assistance programs; limiting investments and loans to an eligible business at any one time under the capital access program to $500,000; extending new millennium fund and nonincentive tax credits; increasing the nonincentive tax credits from $30 million to $60 million; permitting promissory notes up to $6 million per year be issued in 2015, 2016, 2017, 2018 and 2019; permitting nonincentive tax credit commitments up to $6 million per year be issued in 2015, 2016, 2017, 2018 and 2019; creating West Virginia Capital Access Program II; creating the West Virginia Capital Access Program Account consisting of three revolving programs; providing that the capital access program receive $5 million per year for three years; setting forth how the funds are to be allocated; giving the board the authority to reapportion and transfer funds among the three revolving programs; providing for management and control of capital access program; requiring the board to appoint a subcommittee to administer and operate the capital access program; setting forth who shall serve on that subcommittee; granting the board additional powers; setting forth how loans and investments may be used; providing that program participants, and not the board, may make certain determinations; providing that applications from program participants do not require the review or approval of the executive director; authorizing rule-making; defining terms; deleting obsolete language; and making technical corrections”; to the Committee on Finance.

By Delegate McCuskey and Mr. Speaker, Mr. Miley:

            H. B. 4527 - “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 and §24-2G-5, all relating to creating monitoring and testing requirements for public water utilities; implementing an early warning monitoring requirement; requiring a second intake at water storage facilities; providing state assistance to complete the implementation of new infrastructure; and providing guidance for that process”; to the Committee on the Judiciary.

By Delegate Lane:

            H. B. 4528 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7 and §5B-4-8, all relating to the creation of the Office of the Small Employer Business Advocate; providing a short title; providing the appointment procedure for the Small Employer Business Advocate; establishing qualifications for the Small Employer Business Advocate; defining the powers and duties of the Small Employer Business Advocate; determining eligible businesses; requiring Small Employer Business Advocate to host annual workshops in every county; providing a funding source for the office of the Small Employer Business Advocate; and requiring that the Small Employer Business Advocate provide the Joint Committee on Government and Finance with an annual report”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates Manchin, Ferro, Lawrence, Pethtel, Boggs and Skaff:

            H. B. 4529 - “A Bill to amend and reenact §60-8-2 and §60-8-16 of the Code of West Virginia, 1931, as amended, all relating to the sale of wine generally; expanding the definition of ‘person’ for purposes of holding a distributor license; allowing trusts, limited liability companies and associations to hold a distributor’s license; and requiring certain disclosures by applicants that are trusts, limited liability companies or associations”; to the Committee on the Judiciary.

By Delegates Lane, Raines and McCuskey:

            H. B. 4530 - “A Bill to amend and reenact §15-5B-3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eleven new sections, designated §22-26-10, §22-26-11, §22-26-12, §22-26-13, §22-26-14, §22-26-15, §22-26-16, §22-26-17, §22-26-18, §22-26-19 and §22-26-20, all relating to creating an aboveground storage tank registry; creating the Industrial Accident Citizen's Protection Fund; creating a bond requirement, increased bonding requirements and a voucher for persons residing in the counties affected by the recent water emergency; providing health screening; requiring agency review, revision, and reporting concerning rules made by each state agency; requiring the implementation of recommendations from United States Chemical Safety Board; allowing citizen suits to enforce provisions; setting a baseline of severance tax revenue for purposes of future tax severance allocation; creating West Virginia Safe Water Fund; providing legislative intent and permissible uses of distributed revenues; specifying duties of State Treasurer and State Tax Commissioner; allowing audits and rulemaking; setting a baseline of oil and natural gas severance tax revenue collections; providing for the distribution of funds collected in excess of that baseline; providing initial funding of the West Virginia Safe Water Fund to consist of twenty-five percent of excess proceeds from oil and natural gas severance taxes; expressing legislative intent not to encumber, spend, promise or otherwise use any interest from the West Virginia Safe Water Fund for a term of six years following the creation of the West Virginia Safe Water Fund; expressing legislative intent that the principal of the West Virginia Future Fund be inviolable and not be encumbered, spent, promised or otherwise disturbed; requiring moneys to be expended solely for improving and protecting safe water infrastructure; providing for secondary intake and raw water storage requirements; and requiring the Public Service Commission to study interconnectivity of water systems”; to the Committee on the Judiciary then Finance.

By Delegates Poore, Marshall, Lawrence, Moore, Perdue, Fleischauer, Miller, Pasdon, Guthrie, Diserio and Jones:

            H. B. 4531 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4 and §16-46-5, all relating to expanding patient access to healthcare services, improving quality of care and reducing costs through the use of telemedicine”; to the Committee on Health and Human Resources then Finance.

By Delegates Poore, Marshall, Barrett, Lawrence, L. Phillips, Moore, Diserio, Perdue, Sobonya, Miller and Guthrie:

            H. B. 4532 - “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”; to the Committee on Health and Human Resources then Education.

By Delegates Cooper, Ireland, D. Evans, Azinger and Ambler:

            H. B. 4533 - “A Bill to amend and reenact §20-1-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-45, all relating to providing a fee discount for certain nonresident hunting, fishing and trapping licenses for native nonresidents of the state; definitions; limitation upon the fee amounts; providing for emergency rule and legislative rules”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Canterbury, Ambler, Storch, A. Evans, Perdue, Moye, Young and Manypenny:

            H. B. 4534 - “A Bill to amend and reenact §29-25-22 of the Code of West Virginia, 1931, as amended, relating to the creation of a Historic Resort Hotel Employee Retirement Fund within the Historic Resort Hotel Fund in the State Treasury; reducing the amount of net income paid by the Historic Resort Hotel Fund to the General Revenue Fund from sixty-four percent to sixty percent; and designating that four percent of net income of the Historic Resort Hotel Fund be paid to the Historic Resort Hotel Employee Retirement Fund”; to the Committee on the Judiciary then Finance.

By Delegates Overington, Butler, Householder and Folk:

            H. B. 4535 - “A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to removing the requirement that home schooled students have to acquire a general equivalency degree (GEducation) in order to qualify for the promise scholarship”; to the Committee on Education then Finance.

By Delegate Morgan:

            H. B. 4536 - “A Bill to amend and reenact §15-1B-26 of the Code of West Virginia, 1931, as amended, relating to retaining current West Virginia National Guard firefighters; and allowing certain National Guard firefighters to become civilian firefighters with the West Virginia National Guard”; to the Committee on the Judiciary.

By Delegates Williams, Perdue, Arvon, Morgan, Guthrie, Fleischauer and Campbell:

            H. B. 4537 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5, §16-46-6, §16-46-7, §16-46-8, §16-46-9 and §16-46-10, all relating to requiring background checks for individuals who have direct access to residents, members or beneficiaries of covered providers participating in the West Virginia Clearance for Access: Registry and Employment Screening program; providing a short title; defining terms; requiring the Secretary of the Department of Health and Human Resources to develop a plan and a program for conducting background checks; requiring a centralized database to maintain criminal history record information and results; establishing a prescreening process conducted by covered providers; requiring applicants to provide fingerprints and undergo a criminal background check; establishing procedures and criteria for obtaining and reviewing criminal history record information; establishing criteria for approving applicants as covered individuals; authorizing contractors and fees; creating a special revenue account for administrative fees; providing for protests of the secretary’s decisions and permitting variances; creating exceptions; authorizing legislative rules; providing monetary penalties; and providing for civil and criminal immunity”; to the Committee on Health and Human Resources then Finance.

By Delegates Staggers, Morgan and Stephens:

            H. B. 4538 - “A Bill to amend and reenact §30-4-6 and §30-4-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-4A-1 of said code, all relating to the Board of Dentistry; providing authority to promulgate legislative rules concerning agreements with organizations to create alcohol or chemical dependency treatments programs and to form dentist recovery networks; authorizing the board to defer disciplinary action with regard to an impaired licensee who voluntarily enters an approved treatment program; and providing for annual renewal of anesthesia permits”; to the Committee on Government Organization then the Judiciary.

By Delegates Poore, Moore, Staggers, Skaff, Guthrie, Stephens, Morgan, Diserio, Jones, Fragale and Iaquinta:

            H. B. 4539 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-12-7b relating to requiring motor vehicles to stop when a public transportation vehicle is stopped and receiving or dropping off passengers; and providing criminal penalties”; to the Committee on the Judiciary.

By Delegates Poore, Guthrie, Staggers, Campbell, Marshall, Barrett, Lawrence, Moore, Young, Morgan and Diserio:

            H. B. 4540 - “A Bill to amend and reenact §30-6-8 of the Code of West Virginia, 1931, as amended, relating to embalmer licenses; and modifying educational requirements”; to the Committee on Government Organization then the Judiciary.

By Delegates Poore, Campbell, Marshall, Lawrence, L. Phillips, Moore, Young, Fragale, Longstreth and Ambler:

            H. B. 4541 - “A Bill to amend and reenact §30-6-17 of the Code of West Virginia, 1931, as amended, relating to funeral service and embalming licenses; allowing apprentice applicants prior to July 1, 2015 to complete their apprenticeship program under the current educational requirements; and prohibiting a funeral director who is currently on probation or under other disciplinary action from supervising an apprentice during the period of disciplinary action”; to the Committee on Government Organization then the Judiciary.

By Delegates Poore, Campbell, Marshall, L. Phillips, Lawrence, Moore, Young, Morgan, Fragale, Longstreth and Ambler:

            H. B. 4542 - “A Bill to amend and reenact §30-6-10 of the Code of West Virginia, 1931, as amended, relating to funeral service license requirements; and changing certain dates related to the licensing requirements”; to the Committee on Government Organization then the Judiciary.

By Delegates Poore, Young, Stephens, Fragale, Longstreth and Ambler:

            H. B. 4543 - “A Bill to amend and reenact §30-6-5 of the Code of West Virginia, 1931, as amended, relating to the board of Funeral Service Examiners; requiring the board to implement an education program to make consumers generally aware of their rights with respect to selecting a funeral service, pricing for services, performance of services, filing a complaint and other relevant consumer information; requiring the board to post this consumer information on its website and to provide the information in paper format to funeral establishments; and requiring funeral establishments to provide the consumer information to consumers purchasing their services”; to the Committee on Government Organization then the Judiciary.

By Delegates Poore, Moore, McCuskey, Marshall, Lawrence, Barrett, Young, Manypenny, Longstreth and Ambler:

            H. B. 4544 - “A Bill to amend and reenact §30-6-23 of the Code of West Virginia, 1931, as amended, relating to the Board of Funeral Service Examiners; requiring the board to post notice on its website of any disciplinary action resulting in sanctions against a licensee within seven days of the disciplinary action; and requiring publication in the obituary section of the nearest daily circulation newspaper until the notice is posted on the board's website”; to the Committee on Government Organization then the Judiciary.

By Delegates Poore, Longstreth, Marshall, Moore, Guthrie, Diserio, Jones, Skaff and Walker:

            H. B. 4545 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to personal income tax; adjusted gross income of resident individual; and exempting all military retirement income from state income tax”; to the Committee on Finance.

By Delegates Cadle, Householder, Kump, Perdue, Ashley, Staggers, Tomblin, Barker, Eldridge, Skaff and Butler:

            H. B. 4546 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §22-28-3a and §22-28-8a, all relating to providing that the construction of pipelines to rural communities for access to municipal water services or public service district water services is a community infrastructure investment project; providing that the municipality or local public service district may supply material for construction; authorizing construction by private contractors; and exempting the private contractors from workers’ compensation coverage or liability insurance”; to the Committee on the Judiciary then Finance.

By Delegates L. Phillips:

            H. B. 4547 - “A Bill to amend and reenact §3-10-7 and §3-10-8 of the Code of West Virginia, 1931, as amended, all relating to elections for vacancies in county offices; and providing that a county employee may run for a vacant county office without giving up his or her current position”; to the Committee on Political Subdivisions then the Judiciary.

By Delegate Lane:

            H. B. 4548 - “A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to requirements for PROMISE scholarships; and expanding access to PROMISE scholarship funds to persons majoring in STEM fields”; to the Committee on Education then Finance.

By Delegates Manchin, Moore, Eldridge and Skaff

            [By Request of the Alcohol Beverage Control Commissioner]:

            H. B. 4549 - “A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-16-17a; and to amend and reenact §11-16-20 and §11-16-21 of said code, all relating to clarifying the regulation of nonintoxicating beer brewers and distributors, agreements, networks, products, brands and extensions of a line of brands; permitting the commissioner to investigate, review and approve or deny franchise agreements, labels, brands and line extensions; providing hearings; extending certain dates; establishing nonintoxicating beer, resident brewers, distributors, franchise distributor networks and line extensions standards; defining terms; providing sanctions; and authorizing rule-making”; to the Committee on the Judiciary.

By Delegates Guthrie, Manchin, White, Swartzmiller, Hunt, Skaff, Caputo, Marshall, Perdue, Sponaugle and Ferro:

            H. B. 4550 - “A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to providing educational incentives and longevity pay for state troopers”; to the Committee on Finance.

By Delegates R. Phillips, Tomblin, Lynch, Sumner, L. Phillips, Skaff, Reynolds, Barker, Eldridge, Marcum and White:

            H. B. 4551 - “A Bill to amend and reenact §22A-2-43 of the Code of West Virginia, 1931, as amended, relating to requiring automatic de-energization of an extraction apparatus where a machine-mounted methane monitor indicates a methane concentration of one and five-tenths (1.5) percent; and striking requirement that the Board of Coal Mine Health and Safety promulgate a legislative rule defining the term ‘sustained period’”; to the Committee on Energy then the Judiciary.

By Delegates Hunt, Sponaugle, Wells and Manypenny:

            H. B. 4552 - “A Bill to amend and reenact §14-2-1, §14-2-8, §14-2-13, §14-2-13a, §14-2-16, §14-2-25 and §14-2-28 of the code of West Virginia, 1931, as amended, all relating to the court of claims; clarifying purpose of article; increaseing salaries of the judges; authorizing additional days of judges reimbursement; revising court jurisdiction; revising process for innocent persons who have been wrongly convicted to file a claim; authorizing hiring expert witness by court; abolishing advisory determination procedure; and clarifying actions of Court not subject to judicial review”; to the Committee on the Judiciary then Finance.

By Delegates Hamilton, Ellem, Ellington, Longstreth, Manypenny, A. Evans, Azinger, Storch, Moore, M. Poling and Skinner:

            H. B. 4553 - “A Bill to amend and reenact §3-1A-6 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to prosecute election violations”; to the Committee on the Judiciary then Finance.

By Delegates Poore, Sponaugle, Andes, Fleischauer, Sobonya, Moore, McCuskey, Marshall, Barrett, Skaff and Guthrie:

            H. B. 4554 - “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”; to the Committee on the Judiciary.

By Delegates Caputo, Longstreth, Manchin, Fleischauer, Marshall, Perry, M. Poling, White, Williams, Boggs and Fragale:

            H. B. 4555 - “A Bill to amend and reenact §18A-2-2 and §18A-2-6a of the Code of West Virginia, 1931, as amended, all relating to requiring county boards of education to provide released time for professional educators and service personnel when serving in an elected municipal or county office”; to the Committee on Finance.

By Delegates Caputo, Longstreth, Manchin, Iaquinta, Jones, Boggs, Ferro, Fragale, Morgan, Stephens and Kinsey:

            H. B. 4556 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1C-5c, relating to the valuation of antique motor vehicles and classic motor vehicles for purposes of ad valorem property taxes”; to the Committee on Finance.

By Delegate Fragale:

            H. B. 4557 - “A Bill to amend and reenact §11-5-4 of the Code of West Virginia, 1931, as amended, relating to requiring that motor vehicles, except leased motor vehicles, used in a business be assessed for taxation in the tax district where the principal office for the business is located; and providing exceptions”; to the Committee on Finance.

Daily Calendar

Third ReadingH. B. 4159, Updating the meaning of federal adjusted gross income and certain other terms; 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. 68), 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: Barill, Marshall, J. Nelson, Paxton and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4159) passed.

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

            On this question, the yeas and nays were taken (Roll No. 69), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Howell.

            Absent and Not Voting: Barill, Marshall, J. Nelson, Paxton and D. Poling.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4159) 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. 4188, Updating the authority and responsibility of the Center on Nursing; 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. 70), 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: Barill, Marshall, J. Nelson, Paxton and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4188) passed.

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

            On this question, the yeas and nays were taken (Roll No. 71), 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: Barill, Marshall, J. Nelson, Paxton and D. Poling.

            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. 4188) 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. 4298, Changing the experience requirements of the composition of the members of the West Virginia Ethics Commission; 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. 72), 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: Barill, Marshall, J. Nelson, Paxton and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4298) passed.

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

            H. B. 4301, Allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky; on third reading, coming up in regular order, was reported by the Clerk.

            At the request of Delegate White, and by unanimous consent, the rule was suspended to permit the offering and consideration of an amendment on third reading.

            On motion of Delegates Anderson and Pino the bill was amended on page two, section twenty-eight, line eighteen, following the word “license” and the period, by striking out the remainder of the subdivision and inserting in lieu thereof the following: “Military identification shall be carried on the person at all times while trapping, hunting or fishing and shall serve in lieu of a license to trap, hunt or fish.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 73), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Fleischauer.

            Absent and Not Voting: Barill, Marshall, J. Nelson, Paxton and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4301) passed.

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

            H. B. 4301 - “A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to hunting, trapping and finishing licenses; allowing limited reciprocal use of Hunting and fishing licenses with the Commonwealth of Kentucky; and requiring military identification for active duty members of the Armed Forces hunting, trapping or fishing while on furlough.”

            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. 4343, West Virginia Project Launchpad Act; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 74), and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Canterbury, Cowles, Faircloth, Folk, Gearheart, Householder, Howell, Kump, E. Nelson and Overington.

            Absent and Not Voting: Barill, Marshall, J. Nelson, Paxton and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4343) passed.

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

            H. B. 4345, Relating to the West Virginia State Police Retirement System; on third reading, coming up in regular order, was, at the request of Delegate White, and by unanimous consent, laid over.

            H. B. 4364, Relating to the Public Employees Retirement System; on third reading, coming up in regular order, was, at the request of Delegate White, and by unanimous consent, laid over.            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; on third reading, coming up in regular order, was, at the request of Delegate White, and by unanimous consent, laid over.

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

            Extensive debate then ensued, and at the conclusion thereof, the Speaker put the question on the passage of the bill.

            On the passage of the bill, the yeas and nays were taken (Roll No. 75), and there were--yeas 70, nays 25, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Arvon, Cowles, Craig, Ellem, Ellington, Espinosa, Faircloth, Ferns, Folk, Gearheart, Householder, Howell, Ireland, Kump, McCuskey, E. Nelson, O’Neal, Overington, Pasdon, Raines, Shott, Storch and Walters.

            Absent and Not Voting: Barill, Marshall, J. Nelson, Paxton and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4394) passed.

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

            Com. Sub. for H. B. 4394 - “A Bill to amend and reenact §18A-2-2, §18A-2-3 and §18A-2-7a of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1 of said code; and to amend and reenact §18A-4-7a, all relating to the filling of professional personnel positions in the public schools; adjusting dates for certain notices to accommodate flexibility in the beginning date of the instructional term; defining critical need and shortage for substitute teachers; creating deadline for retirement before employment as substitute; requiring posting of certain positions on statewide job bank after certain date; requiring monitoring, enforcement and reporting on job bank positions; expanding purposes of statewide job bank; requiring application information for positions posted on job bank; requiring information on loan forgiveness on job bank; defining critical need and shortage area position; requiring continuous posting on job bank; requiring certain other positions to be posted as critical need and shortage positions; correcting references to outdated provisions; requiring issuance of additional content area certifications upon submission of certain test scores; specifying certain provisions in teacher-in-residence program agreement; requiring principals and teachers to consider certain qualifications in making recommendation for employment of classroom teacher and document consideration; limiting resignation and employment in another county in professional positions after twentieth prior to instructional term subject to certain exception; requiring position postings on county website; requiring information on loan forgiveness programs applicable to position; and making technical improvements.”

            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. 4402, Providing a procedure for the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor; 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. 76), and there were--yeas 82, nays 13, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Frich, Howell, McCuskey, E. Nelson, O'Neal, Overington, Raines, Sobonya, Sumner, Walters and Westfall.

            Absent and Not Voting: Barill, Marshall, J. Nelson, Paxton and D. Poling.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4402) 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:

            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,

            And,

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

            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.

            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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4347, Relating to affirmative defenses against mechanics’ liens; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Ireland, the bill was amended on page two, section twenty-one, subdivision (b)(1), line sixteen, by striking out the word “unit”.

            On page two, section twenty-one, subdivision (b)(3), line twenty-one, by striking out the word “unit”.

            On page four, section thirty-four, subdivision (b)(1), line eighteen, by striking out the word “unit”.

            On page four, section thirty-four, subdivision (b)(3), line twenty-three, by striking out the word “unit”.

            And,

            On page four, section thirty-four, line twenty-seven, after the period, by inserting a new subsection (c) to read as follows:

            “(c) As used in subsection (b):

            (1) ‘Dwelling’ or ‘residence’ means any building or structure intended for habitation, in whole or part, and includes, but is not limited to, any house, apartment, mobile home, house trailer, modular home, factory-built home and any adjacent outbuildings.

            (2) ‘Outbuilding’ means any building or structure which adjoins, is part of, belongs to, or is used in connection with a dwelling, and shall include, but not be limited to, any garage, shop, shed, barn or stable.”

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4349, Clarifying retirement dependent child scholarship and burial benefits under a Qualified Domestic Relations Order; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4371, Making the theft of a traffic sign or traffic signal a felony; on second reading, coming up in regular order, was, at the request of Delegate White, and by unanimous consent, laid over.

            H. B. 4453, Relating to the calculation of child support obligations; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Manchin, the bill was amended on page two, section three hundred and two, lines five through seven, by striking out the words “or zero if the obligor’s only income is Supplemental Security Income (SSI)” and the comma.

            The bill was then ordered to engrossment and third reading.

            H. B. 4454, Relating to the sale of alcoholic beverages on Sundays by private licensees; on second reading, coming up in regular order, was read a second time.

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

Leaves of Absence

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

Remarks by Members

            Delegate Walker addressed the House regarding partisan politics and the necessity of preserving integrity.

            During the remarks by Delegate Walker, Delegate Lane arose to a point of order as to a breach of the decorum of the House.

            To the point of order the Speaker replied, admonishing Delegate Walker to be mindful of decorum and to avoid indecorous remarks in his discourse.

            Delegate Perdue addressed the House regarding H. B. 2364, The Pain-Capable Unborn Child Protection Act, and at the conclusion thereof, Delegate Pethtel asked and obtained unanimous consent that his remarks be printed in the Appendix to the Journal.

Miscellaneous Business

            Delegate Raines noted to the Clerk that she was absent when the votes were taken on Roll Nos. 58, 59, 60, 61, and 65 that had she been present, she would have voted “Yea” thereon.

            At 1:22 p.m., the House of Delegates adjourned until 1:00 p.m., Monday, February 17, 2014.

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