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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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__________*__________



 

Wednesday, February 19, 2014

FORTY-THIRD DAY

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

 

 

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

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

            The Clerk proceeded to read the Journal of Tuesday, February 18, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            On motion of Delegate White, the House of Delegates recessed for two minutes, and reconvened at that time.

            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.

            The Speaker called attention to Delegate Paxton’s presence at today’s session, and welcomed his return. (Applause, the Members rising)

Committee Reports

 

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

            Your Committee on Rules has had under consideration:

            Com. Sub. for 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,

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

            At the request of Delegate White, and by unanimous consent, the resolution was taken up for immediate consideration and adopted.

            On the adoption of the resolution, Delegate Rowan demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 94), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Skaff and Walters.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 92) adopted.

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

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

            Your Committee on Rules has had under consideration:

            H. C. R. 43, Dr. William Prudich Memorial Highway,

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

            Com. Sub. for H. C. R. 43 - “Requesting the Division of Highways name the segment of U.S. Route 52 from the intersection of State Route 71, Lorton Lick Road, south through Bluewell, West Virginia, for 2.4 miles to the intersection of U.S. Route 52 and State Route 123, Airport Road, in Mercer County, the ‘Dr. William Prudich Memorial Highway’,”

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

            At the request of Delegate White, and by unanimous consent, the resolution (H. C. R. 43) was taken up for immediate consideration and adopted.

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

            Your Committee on Rules has had under consideration:

            H. R. 10, Relating to requiring that a Water Impact Statement be attached to proposed legislation affecting water,

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

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

            Your Committee on Rules has had under consideration:

            H. C. R. 11, The “Pendleton County Union Veterans Memorial Bridge”,

            H. C. R. 12, The “Pendleton County Confederate Veterans Memorial Highway”,

            H. C. R. 75, Army SPC 4 Marvin Dewayne Canterbury Memorial Highway,

            And,

            H. C. R. 83, Requesting Congress erect a national monument to motherhood,

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

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

            Your Committee on Rules has had under consideration:

            H. C. R. 17, The “Captain Isaac Alt West Virginia Militia Memorial Bridge”,

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

            Com. Sub. for H. C. R. 17 - “Requesting the Division of Highways to name the bridge locally known as the North Mill Creek Bridge on Route 220, Pendleton County, bridge number 36-220-32.32 (36A166), as the ‘Captain Isaac Alt West Virginia Militia Memorial Bridge’,”

            H. C. R. 18, The “Dr. H. Luke Eye Bridge”,

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

            Com. Sub. for H. C. R. 18 - “Requesting the Division of Highways to name the bridge on Route 33, crossing the South Branch Potomac River east of Franklin, Pendleton County, bridge number 36-33-33.85 (36A165), as the ‘Dr. H. Luke Eye Bridge’,”

            H. C. R. 45, U.S. Army SFC Bob L. VandeLinde Bridge,

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

            Com. Sub. for H. C. R. 45 - “Requesting the Division of Highways to name bridge number 22-3-7.00 (22A001) on Route 3 which crosses the Mud River and is located 0.11 miles east of County Route 1 in Hamlin, Lincoln County, the ‘U.S. Army SFC Bob L. VandeLinde Bridge’,”

            H. C. R. 53, Julian, Earl and Edward Hill Brothers Memorial Bridge,

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

            Com. Sub. for H. C. R. 53 - “Requesting the bridge at the intersection of County Route 18, known as North Fork Road, and County Route 18/2, known as Ellis Fork Road, in Boone County, West Virginia, (latitude, longitude: 38.00947, -81.95537) be named the ‘Julian, Earl and Edward Hill Brothers Memorial Bridge’,”

            H. C. R. 56, Army SSG Jesse Adam Ault Memorial Bridge,

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

            Com. Sub. for H. C. R. 56 - “Requesting the Division of Highways to name bridge number 48-18-20.53 (48A087), and known locally as the Jackson Bridge on West Virginia Route 18 north of Middlebourne, Tyler County, as the ‘Army SSG Jesse Adam Ault Memorial Bridge’,”

            H. C. R. 64, SSG Earl F. (Fred) Brown Memorial Bridge,

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

            Com. Sub. for H. C. R. 64 - “Requesting that bridge number 21-33-22.22 near the Weston exit off I-79, and 0.09 miles west of the junction of county 119/21, locally known as Sauls Run W-Beam Bridge, crossing over Stonecoal Creek, Bars numbers 21A094 and 21A153, in Lewis County, West Virginia, be named the ‘SSG Earl F. (Fred) Brown Memorial Bridge’,”

            H. C. R. 70, U.S. Army Sgt. Matthew D. Hunter Memorial Bridge,

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

            Com. Sub. for H. C. R. 70 - “Requesting the Division of Highways to name bridge number 35-40-7.52 (35A139) on Route 40 in Wheeling, Ohio County, the ‘US Army Sgt. Matthew D. Hunter Memorial Bridge’,”

            H. C. R. 72, Roy Elmer “Doc” Moon Bridge,

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

            Com. Sub. for H. C. R. 72 - “Requesting that bridge number 50-52-29.04 (50A153) on Tolsia Highway in Wayne County, West Virginia, be named the ‘Roy Elmer “Doc” Moon Bridge’,”

            H. C. R. 76, Army PFC Richard Lee Lakin Memorial Bridge,

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

            Com. Sub. for H. C. R. 76 - “Requesting that bridge number 50-37-3.29 (50A069) over Big Hurricane Creek in Wayne County be named the ‘Army PFC Richard Lee Lakin Memorial Bridge’,”

            With the recommendation that the committee substitutes each be adopted.

            On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates M. Poling, Perry, Lawrence, Barrett, Young, Sumner, Pasdon, Fragale, Moye, Pethtel, Tomblin, Walker, Williams, Ambler, Butler, Cooper, Espinosa, Evans, Hamrick and Rowan:

            H. C. R. 97 - “Requesting the Joint Committee on Government and Finance to conduct a study regarding strategies for increasing the number of college graduates in the state.”

            Whereas, Having a well-educated workforce is critical to the economic vitality of the state and the improved quality of life for its citizenry; and

            Whereas, West Virginia does not compare favorably among other states regarding its college completion rate nor its ACT test scores; and

            Whereas, West Virginia has a need to dramatically increase its college degree production and facilitate on-time graduation for all students through state policy change; and

            Whereas, The Legislature recognizes and supports widely-adopted best practices and strategies for addressing the college completion crisis and increasing college graduation rates; and

            Whereas, Such strategies include targeting adults to increase the educational attainment of individuals who have acquired some college credits but have not earned a degree; and

            Whereas, Such strategies include allocating state funding based on outcomes, not just enrollment; and

            Whereas, Such strategies include modifying developmental education delivery by defaulting under-prepared students into gateway courses while concurrently providing supplemental instruction; and

            Whereas, Such strategies include providing incentives for students to enroll in fifteen course credits per semester to ensure bachelor’s degree attainment in four years and associate’s degree attainment in two years; and

            Whereas, Such strategies include providing structured schedules to enable certain community and technical college students to attend college full-time, condense time commitments and shorten the time to completion; and

            Whereas, Such strategies include providing all students with a guided pathway to program completion by defaulting all students into highly structured degree plans rather than individual courses; and

            Whereas, Such strategies include ensuring maximum course credit transferability among public colleges to prevent unnecessary loss of credits; and

            Whereas, The Legislature recognizes the need to study methods for implementing such strategies and identifying any additional strategies which may be effective at improving the state’s college completion rate; and therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study regarding strategies for increasing the number of college graduates in the state; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2015, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

            Which was referred to the Committee on Rules.

            On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Perry, Young, Tomblin, Fragale, Williams, Walker, Espinosa, Cooper, Moye, Sumner and Evans:

            H. B. 4618 - “A Bill to amend and reenact §18-2E-10 of the code of West Virginia, 1931, as amended, relating to establishing transformative system of support for early literacy; making legislative findings; requiring state board rule; minimum provisions of rule; eliminating critical skills instructional support programs for third and eighth graders; and modifying a critical skills program framework to apply only to an early literacy program.”

            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. 4503, Declaring certain claims against the state and its agencies to be moral obligations of the state,

            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. 4137, Relating to more equitable distribution to county boards of reimbursement of the costs of serving certain special needs students,

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

            Com. Sub. for H. B. 4137 - “A Bill to amend and reenact §18-20-5 of the Code of West Virginia, 1931, as amended, relating to the reimbursement to county boards of education for costs of serving high cost/high acuity special needs students; eliminating the requirement for annual reporting on rules, policies, standards and federal laws for serving the needs of exceptional children; defining terms; and requiring the state superintendent to develop a method of funds disbursement,”

            H. B. 4290, Revising the regulatory structure of money transmitters and other entities,

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

            Com. Sub. for H. B. 4290 - “A Bill to amend and reenact §32A-2-1, §32A-2-3, §32A-2-4, §32A-2-5, §32A-2-8, §32A-2-10, §32A-2-11, §32A-2-13, §32A-2-18, §32A-2-19, §32A-2-22 and §32A-2-27 of the Code of West Virginia, 1931, as amended, relating to licensing and regulation of those engaged in the business of currency exchange, transmission or transport; providing definitions; providing exemptions; clarifying the form of application for license, renewal or required reports; providing that license fees are based upon volume of business; providing minimum surety requirements for licensees; clarifying examination costs; authorizing civil penalties; providing for cease and desist orders; clarifying duties and requirements of delegates designated by a licensee,”

            And,

            H. B. 4373, Relating to driver education programs,

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

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

            With the recommendation that the committee substitutes 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. 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 reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 3011 - “A Bill to amend and reenact §19-12E-5 and §19-12E-9 of the Code of West Virginia, 1931, as amended, relating to removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed to grow hemp for industrial purposes in the state or as part of a complete defense to a prosecution for the possession or cultivation of marijuana,”

            H. B. 4304, Providing rules for motor vehicles passing bicycles on roadways,

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

            Com. Sub. for H. B. 4304 - “A Bill to amend and reenact §17C-7-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-11-5 and §17C-11-7 of said code, all relating to use of a bicycle on a roadway; overtaking a bicycle on a roadway; providing exceptions to the requirement bicycles ride as close as practicable to the edge of the roadway; and allowing a person to operate a bicycle without a bell or other device capable of giving an audible signal,”

            H. B. 4392, Regulating persons who perform work on heating, ventilating and cooling systems and fire dampers,

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

            Com. Sub. for H. B. 4392 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-16-1, §21-16-2, §21-16-3, §21-16-4, §21-16-5, §21-16-6, §21-16-7, §21-16-8, §21-16-9, §21-16-10 and §21-16-11; to amend and reenact §29-3-12b of said code; and by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8 and §29-3E-9, all relating to regulating persons who perform work on heating, ventilating and cooling systems and dampers; requiring persons who perform work on heating, ventilating and cooling systems to be licensed by the Commissioner of Labor; requiring persons who perform work on dampers to be licensed by the State Fire Marshal; providing for exemptions from licensure; authorizing the commissioner to promulgate legislative rules; authorizing the State Fire Marshal to promulgate legislative rules; authorizing enforcement procedures; authorizing interagency agreements; authorizing the issuance, renewal, denial, suspension and revocation of licenses; providing for criminal penalties; providing that no political subdivision of the state may mandate additional licensing requirements; and providing for the disposition of fees,”

            And,

            H. B. 4393, Creating the Dangerous Wild Animals Act,

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

            Com. Sub. for H. B. 4393 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5, §19-34-6, §19-34-7, §19-34-8 and §19-34-9, all relating to the regulation of dangerous wild animals; creating the Dangerous Wild Animals Act; setting forth findings and purpose; defining terms; creating the Dangerous Wild Animal Board; setting forth the duties of the board; requiring the board to create a list of dangerous wild animals by rule; permitting the board to issue a permit for a dangerous wild animal legally possessed prior to the effective date of the rules; prohibiting the possession of a dangerous wild animal thereafter; setting forth permit requirements; providing for confiscation and disposition of animals; permitting the suspension and revocation of permits; providing exemptions; providing rule-making authority; and establishing criminal and civil penalties,”

            With the recommendation that the committee substitutes 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. 2446, Creating the crime of soliciting a minor,

            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. 2446) was referred to the Committee on Finance.

            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. 4529, Relating to the sale of wine,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

            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. 4430, Removing the compensation caps entirely for secretary-clerks and case coordinators,

            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. 4430) was referred to the Committee on Finance.

            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. 4460, Relating to violating provisions of the civil service law for paid fire departments,

            H. B. 4488, Eliminating the requirement for notarization of the articles of incorporation for cooperative associations,

            H. B. 4504, Providing for sharing juvenile records in certain circumstances with another state,

            And,

            H. B. 4549, Clarifying the regulation of nonintoxicating beer brewers and distributors, agreements, networks, products, brands and extensions of a line of brands,

            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. 4410, Redefining auctioneer exceptions,

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

            Com. Sub. for H. B. 4410 - “A Bill to amend and reenact §19-2C-1, §19-2C-3, §19-2C-5, §19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-8 and §19-2C-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-2C-9a, all relating to auctioneers and apprentice auctioneers, generally; redefining auctioneer exceptions; adding definitions; amending license renewal for expired licenses; allowing certain fees to be set by legislative rule; increasing length of record retention; clarifying qualifying test scores; restricting length of apprenticeship; adding duties of sponsoring auctioneer; increasing criminal penalties; requiring contracts to have certain provisions; and requiring escrow accounts,”

            And,

            H. B. 4560, Relating to reimbursement for copies of medical records,

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

            Com. Sub. for H. B. 4560 - “A Bill to amend and reenact §16-29-1 and §16-29-2 of the Code of West Virginia, 1931, as amended, all relating to reimbursement for copies of medical records; copies of medical records in electronic format; and limiting the reimbursement fee for electronic records,”

            With the recommendation that the committee substitutes each do pass.

Messages from the Senate

            A message from the Senate, by

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

            Com. Sub. for S. B. 6 - “A Bill to repeal §60A-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-10-2, §60A-10-3, §60A-10-4 and §60A-10-7 of said code, all relating to the Methamphetamine Lab Eradication Act and the prevention of the production of methamphetamine; requiring certain drug products be obtained by prescription only; moving certain drug products from Schedule V to Schedule IV; providing an exception for drug products that cannot be feasibly converted into methamphetamine; making legislative findings; defining terms; prohibiting pharmacies from selling certain drugs that can be used in the production of methamphetamine without a prescription; creating a criminal offense for possession of certain substances without a prescription with intent to transfer to another to make methamphetamine; permitting the sale of certain drugs without a prescription where the Board of Pharmacy determines that the drugs are not feasible for being used for the manufacture of methamphetamine; updating the maximum amounts persons are permitted to purchase of certain drugs that cannot feasibly be converted into methamphetamine; adjusting the requirements of the Multi-State Real-Time Tracking System; removing certain outdated language; and providing rule-making authority to the Board of Pharmacy to implement emergency and legislative rules, which will provide procedures for which products may be sold over-the-counter and which require a prescription and other information necessary to implement the Methamphetamine Lab Eradication Act”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 15 - “A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-4-19 of said code, all relating generally to testing for HIV and sexually transmitted diseases; removing limitations on billing patients for HIV and sexually transmitted disease testing or sexually transmitted disease treatment done by state or local public health agencies; and clarifying the procedures relating to performing HIV or sexually transmitted disease tests on persons charged with sexual offenses”; which was referred to the Committee on Health and Human Resources then the Judiciary.

            A message from the Senate, by

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

            S. B. 100 - “A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to the use of low-speed vehicles in municipalities; and authorizing municipalities to allow the operation of low-speed vehicles on roads in municipalities where the speed limit is not more than thirty-five miles per hour”; which was referred to the Committee on Political Subdivisions then the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 155 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; 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 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 Department of Health and Human Resources to promulgate a legislative rule relating to medication administration by unlicensed personnel; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to child care centers’ licensing; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to clinical laboratory technician and technologist licensure and certification; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDS-related medical testing and confidentiality; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the Cancer Registry; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the Medical Examiner's rule for postmortem inquiries; authorizing the Health Care Authority to promulgate a legislative rule relating to the West Virginia Health Information Network; authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to the bureau; repealing the Bureau for Child Support Enforcement’s legislative rule relating to obtaining support from federal and state tax refunds; repealing the Bureau for Child Support Enforcement’s legislative rule relating to interstate income withholding; authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to support enforcement activities undertaken by the bureau; and authorizing the Bureau for Child Support Enforcement to promulgate a legislative rule relating to the distribution of support payments”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            S. B. 331 - “A Bill to amend and reenact §11-15-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-21-74 of said code, all relating to providing accelerated payment of consumers sales and service and use tax and employee withholding taxes for certain taxpayers and employers”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 416 - “A Bill to amend and reenact §11-6K-4 and §11-6K-5 of the Code of West Virginia, 1931, as amended, all relating to tentative appraisals of natural resources property by the Tax Commissioner for ad valorem property tax purposes; clarifying that notice requirements apply to all oil and natural gas property in production and reserve; and clarifying that informal review procedures do not apply to oil or natural gas property in production and reserve”; which was referred to the Committee on Finance.

            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 reported by the Clerk as follows:

            S. C. R. 32 - “Requesting the Division of Highways name bridge number 7-5-3.52 (07A069), on County Route 5 crossing the Little Kanawha River in Calhoun County, the ‘U. S. Army Sergeant Robert Odell Orders Memorial Bridge’.”

            Whereas, Robert Odell Orders was born on March 5, 1926, in Pliny, West Virginia, to W. R. Orders, a bridge builder, and his wife, Beulah; and

            Whereas, Robert Odell Orders, after graduating from St. Albans High School in the spring of 1944, joined the U. S. Army only two months after his older brother Kermit died in a P-38 crash in Italy; and

            Whereas, Robert Odell Orders served his country in the Pacific Theater during World War II, reached the rank of Sergeant, saw action in the Philippines and sailed into Tokyo Harbor the day after the Japanese surrender; and

            Whereas, Robert Odell Orders entered West Virginia University in the fall of 1946 and earned a degree in civil engineering; and

            Whereas, Robert Odell Orders, while in Morgantown, met Kathryn Jean Hager of Charleston and married her in 1949; and

            Whereas, Upon graduating from West Virginia University, Robert Orders built bridges with his father as half of W. R. Orders and Son; and

            Whereas, W. R. Orders and Son’s construction of the Annamoriah Bridge, which replaced a ferry across the Little Kanawha River in 1957, secured financial stability for Robert Orders’ family and enabled them to return home to West Virginia permanently after a year of living in Aurora, Illinois; and

            Whereas, Robert Odell Orders founded Orders Construction Company in 1964, shepherding the business through its formative phase and leading its ascent to becoming one of the most respected construction firms in the state; and

            Whereas, Orders Construction Company would eventually build hundreds of bridges across West Virginia in the following fifty years, generating nearly $1 billion of construction work; and

            Whereas, Orders Construction Company rebuilt the first landmark Annamoriah Bridge in 2012; and

            Whereas, Robert Odell Orders was also known as “Bridge Bob” and passed away on July 4, 2013, leaving behind his wife; children Bob Orders, Jr., and wife Ann and Kathy Lane and husband David; grandchildren Nate Orders and wife Melissa, Chris Orders, Meg Laing and husband Malcolm, Andy Lane and Becca Lane and husband Scott; and numerous great grandchildren; and

            Whereas, It is fitting to honor Robert Odell Orders, a respected member of the bridge-building industry, past President of the Contractors Association of West Virginia, a National Director of the Associated General Contractors (AGC) of America, a member of many organizations’ boards and a charter member of the West Virginia University Academy of Civil Engineers for Distinguished Alumni, for his prolific contribution to West Virginia’s transportation infrastructure; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 7-5-3.52 (07A069), on County Route 5 crossing the Little Kanawha River in Calhoun County, the “U. S. Army Sergeant Robert Odell Orders Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army Sergeant Robert Odell Orders Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and the family of Robert Odell Orders.

            At the respective requests of Delegate White, and by unanimous consent, reference of the resolution (S. C. R. 32) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

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

Resolutions Introduced

            Delegates Caputo, Manchin, Longstreth and Manypenny offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 93 - “Requesting the Division of Highways to name bridge number 25-79-138.77 (25A145) on the northbound lane of I-79 at Exit 139, in Marion County, the ‘Junior Slaughter Bridge’.”

            Whereas, Junior Slaughter was born January 18, 1929, in Fairmont, the son of the late William and Liddia Ann Hawkins Slaughter and Reba Mosier; and

            Whereas, Junior Slaughter served in the United States Navy on the USS Timbalier, and was stationed in Trinidad before returning to Fairmont to join the Fairmont City Police Department; and

            Whereas, Junior Slaughter served on the Fairmont City Police Department for over twenty years before retiring as Lieutenant in charge of the Detective Division; and

            Whereas, Junior Slaughter subsequently served six years as Chief Deputy of the Marion County Sheriff’s Department, two terms as Sheriff of Marion County, one term as a magistrate in Marion County and was reelected for an additional two terms as Sheriff of Marion County; and

            Whereas, Junior Slaughter was a member of the Benton’s Ferry United Methodist Church, and was active in numerous other organizations in Marion County, including Moose Lodge No. 9, Lions Club, Fraternal Order of the Eagles, BPOE No. 294, VFW No. 7048, Fraternal Order of Police Lodge No. 69, United Mine Workers Association, AFL-CIO, was president of the Marion County Democratic Men’s Club, Marion County Democratic Executive Committee, Associated Businesses of East Fairmont, American Legion, National Rifle Association and was a former member of the board of directors of the American Red Cross. In addition, he was a member of the AF&AM No. 157 in Fairmont. He was a noble in the Osiris Shrine Center in Wheeling and was a past president and member of the Upper Monongahela Valley Shrine Club in Fairmont; and

            Whereas, Junior Slaughter enjoyed West Virginia University football, and traveling and spending time with his family and friends; and

            Whereas, Sadly, Junior Slaughter passed away in Fairmont on August 18, 2011, at the age of 82; and

            Whereas, Junior Slaughter was preceded in death by his wife, Ruby Gay Slaughter, in 1995; he is survived by a son and daughter-in-law, John and Sharlene Slaughter of Benton’s Ferry Community, by three daughters, Martha Furbee of Benton’s Ferry Community, Carolyn Ledsome of Montana Mines Community and Beverly Thomas of Mount Harmony Community, one sister, Vivian Riley of Worthington, and his best friend and companion, Shirley Heston of Fairmont; he is also survived by six grandchildren, five great-grandchildren and many nieces and nephews; and

            Whereas, It is only fitting and proper that we name this bridge on I-79 for Junior Slaughter to honor his many years of dedicated public service to the City of Fairmont, to Marion County and to the greater north central region of this state; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 25-79-138.77 (25A145) on the northbound lane of I-79 at Exit 139, in Marion County, the “Junior Slaughter Bridge”; and, be it
            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Junior Slaughter Bridge”; and, be it
            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Secretary of the Department of Transportation and the family of Junior Slaughter.

            Delegates Campbell, Hunt, Hartman, Sponaugle, Skaff, Eldridge, Walker, Sobonya, Moore, Diserio and Kinsey offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 94 - “Designating April 2 as West Virginia Autism Awareness Day.”

            Whereas, The seventh annual World Autism Awareness Day is April 2, 2014. Every year, autism organizations around the world celebrate the day with unique fund-raising and awareness-raising events. World Autism Awareness Day aims to increase people's awareness about people, especially children, with autism. The day often features educational events for teachers, health care workers and parents, as well as exhibitions showcasing work created by children with autism; and

            Whereas, Autism is a developmental disability that remains with a person for his or her whole life. This condition affects the brain's functions. The first signs usually appear before a child is three years old. People with autism often find social interaction difficult, have problems with verbal and nonverbal communication demonstrate restrictive and repetitive behavior and have a limited set of interests and activities. Autism affects girls and boys of all races and in all geographic regions and has a large impact on children, their families, communities and societies. The prevalence is currently rising in many countries around the world. Caring for and educating children and young people with this condition places challenges on health care, education and training programs; and

            Whereas, Public health officials estimate that one in every eighty-eight children in America is growing up on the autism spectrum. It is a reality that affects millions of families every day, from the classroom to the job market. On World Autism Awareness Day, all peoples recommit to helping individuals on the autism spectrum reach their full potential; therefore, be it

            Resolved by the Legislature of West Virginia:

            That it is the hope and desire of the Legislature that West Virginians increase their awareness about people, especially children, with autism and, with that goal in mind, April 2 be designated as West Virginia Autism Awareness Day; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to The Autism Society of West Virginia.

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

            H. C. R. 95 - “Requesting that a new bridge currently under construction and referred to as the Dabney Bridge, tying New State Route 10 to Old State Route 10, crossing the Guyandotte River, near the intersection of Old State Route 10 and County Route 14, known as Rum Creek Road, in Logan County, be named the “Betty Jo Delong Memorial Bridge”

            Whereas, Betty Jo Chambers Delong, the daughter of coal miner Harry Chambers and postmaster Geraldine Lowe Chambers, attended Dehue-Chambers Grade School, in Dehue, Logan County, West Virginia; and

            Whereas, Betty Jo Chambers was a Golden Horseshoe winner; and

            Whereas, Betty Jo Chambers graduated from Logan High School in Logan County; and

            Whereas, Miss Chambers married Don Thomas Delong from Lyburn, West Virginia, and the couple had two children, Donnetta Rainwater, a teacher at Logan Middle School, and Donald Rex Delong, owner of Eastern Petroleum; and

            Whereas, Betty Jo Delong’s brothers and sisters include Donna Lou Hipshire, Dorothy Young, Grover Chambers, Thelma Willis Eplin, Harry Chambers, Gerri Ball, Cora Tooley and Alice Price; and

            Whereas, Betty Jo Delong was proud of the Chambers family’s long association with the Rum Creek area; and

            Whereas, At one time the Chambers family owned property reaching from Rum Creek to Lowe’s Mountain; and

            Whereas, Betty Jo Delong worked at several jobs in Logan County but later in her career was employed at the Logan County Court House, where she worked in the record room and was in charge of the deed books; and

            Whereas, Betty Jo Delong is still remembered for updating the county’s system of obtaining deeds and land proposals; and

            Whereas, Betty Jo Delong worked tirelessly to help members of her community, especially the elderly; and

            Whereas, Betty Jo Delong assisted with the visit to Logan County of John F. Kennedy when he was a presidential candidate; and

            Whereas, Betty Jo Delong died of cancer at the age of 42; and

            Whereas, At the time of her death, all offices of the courthouse were closed out of respect for Betty Jo Delong’s service to the many people of Logan County; and

            Whereas, It is fitting that an enduring memorial be established in the name of Betty Jo Delong in an area where she and her family have for so long been a part of the fabric of the community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name a new bridge currently under construction and referred to as the Dabney Bridge, tying New State Route 10 to Old State Route 10, crossing the Guyandotte River, near the intersection of Old State Route 10 and County Route 14, known as Rum Creek Road, in Logan County, the “Betty Jo Delong Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Betty Jo Delong Memorial Bridge”; and, be it

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

            Delegates Perry, Lynch, Wells, Poore, R. Smith, Cooper, Border, Diserio, Jones, Guthrie, Ambler, Anderson, Andes, Ashley, Barrett, Butler, Campbell, Canterbury, Caputo, Cowles, Eldridge, Ellem, Ellington, Espinosa, Faircloth, Ferro, Fragale, Gearheart, Hamrick, Hartman, Iaquinta, Lane, Lawrence, Longstreth, Manchin, Manypenny, Marcum, Marshall, Moore, Morgan, Moye, Pasdon, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Skaff, Skinner, Sponaugle, Staggers, Stephens, Sumner, Swartzmiller, Tomblin, Walker, 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. 96 - “Requesting the Joint Committee on Government and Finance study policies ensuring that licensed athletic trainers are available during practices and games to all interscholastic student athletes in West Virginia.”

            Whereas, Sports-related injuries among interscholastic athletes are a public health issue; and

            Whereas, Students are more likely to face unnecessary injuries and tragic deaths when appropriate allied health care professionals, such as licensed athletic trainers, are not present; and

            Whereas, There are many benefits to participating in interscholastic sports including enhanced awareness of healthy lifestyles, weight management, increased self-esteem and enhance learning capacity; and

            Whereas, Licensed athletic trainers receive formal education and training in injury prevention, first aid/emergency care, and rehabilitation of injuries and can assist in reducing sports-related injuries and deaths in practices and competitions; and

            Whereas, Several institutions of higher education located in West Virginia offer degrees in athletic training; and

            Whereas, Athletic training is one of the fastest growing health care professions; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the Joint Committee on Government and Finance study policies ensuring that certified athletic trainers are available during practices and games to all interscholastic student athletes in West Virginia; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate any recommendations; and, be it

            Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Petitions

            Delegates C. Miller and Sobonya presented a petition on behalf of their constituents, in support of H. B. 4274, Permitting the sale of raw milk; which was referred to the Committee on Agriculture and Natural Resources.

Daily Calendar

Third Reading

            S. B. 443, Relating to SPRS; 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. 95), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 443) passed.

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

            On this question, the yeas and nays were taken (Roll No. 96), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 443) takes effect from its passage.

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

            S. B. 444, Relating to PERS; on third reading, coming up in regular order, was read a third time.

            Delegates Armstead and Lane requested to be excused from voting on the passage of S. B. 444 under the provisions of House Rule 49.

            The Speaker replied that the Delegates were members of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Members from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 97), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 444) passed.

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

            On this question, the yeas and nays were taken (Roll No. 98), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 444) takes effect from its passage.

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

            S. B. 452, Relating to TRS annuity calculation of member with reciprocal service credit; 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. 99), and there were--yeas 96, nays none, absent and not voting 5, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 452) passed.

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

            Com. Sub. for H. B. 4067, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules; 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. 100), and there were--yeas 84, nays 11, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Cadle, Cooper, Faircloth, Gearheart, Householder, Howell, Kump, Lane, R. Smith and Sobonya.

            Absent and Not Voting: Barill, J. Nelson, Paxton, Sumner and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4067) passed.

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

            On this question, the yeas and nays were taken (Roll No. 101), and there were--yeas 85, nays 11, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Andes, Cadle, Cooper, Faircloth, Folk, Gearheart, Householder, Howell, Kump, R. Smith and Sobonya.

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4067) 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.

            H. B. 4178, Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia; on third reading, coming up in regular order, was read a third time.

            On the passage of the bill, the yeas and nays were taken (Roll No. 102), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4178) passed.

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

            On this question, the yeas and nays were taken (Roll No. 103), and there were--yeas 96, nays none, absent and not voting 4, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4178) 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. 4294, Establishing standards for court reporters and entities that provide court reporting services; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 104), and there were--yeas 87, nays 9, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Ambler, Andes, Ferns, Ferro, Folk, Howell, Kump, Pethtel and Storch.

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4294) passed.

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

            Com. Sub. for H. B. 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; on third reading, coming up in regular order, with an amendment pending and restricted right to amend by Delegate Perdue, was reported by the Clerk.

            Whereupon,

            Delegate Perdue asked and obtained unanimous consent that the amendment be withdrawn.

            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. 105), and there were--yeas 96, nays none, absent and not voting 4, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4339) 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, on motion of Delegate White, laid upon the table.

            H. B. 4359, Relating to licensure of managing general agents of insurers; 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. 106), and there were--yeas 96, nays none, absent and not voting 4, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4359) 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. 4364, Relating to the Public Employees Retirement System; on third reading, coming up in regular order, was, on motion of Delegate White, laid upon the table.

            H. B. 4365, Relating to employer remittance and reporting of Teachers’ Retirement System member contributions to the retirement board; 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. 107), and there were--yeas 96, nays none, absent and not voting 4, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4365) 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. 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, on motion of Delegate White, laid upon the table.

            H. B. 4372, Permitting the Commissioner of Financial Institutions to require the filing of certain reports, data or information directly with the Division of Financial Institutions; 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. 108), and there were--yeas 96, nays none, absent and not voting 4, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4372) passed.

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

            Com. Sub. for H. B. 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; 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. 109), and there were--yeas 96, nays none, absent and not voting 4, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4384) 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. 4445, Modifying the definition of “battery” and “domestic battery”; 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. 110), and there were--yeas 96, nays none, absent and not voting 4, with the nays and absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, Paxton and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4445) passed.

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

Second ReadingS. B. 402, Permitting recovery of service charge and fees charged to Tax Commissioner by financial institutions; on second reading, coming up in regular order, was read a second time and ordered to third reading.

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

            Com. Sub. for H. B. 4257, Providing criminal penalties for the dissemination of false, misleading or deceptive information through automated telephone calls during a declared state of emergency,

            H. B. 4259, Extending the time for the city council of the city of Sistersville, Tyler County, to meet as a levying body,

            Com. Sub. for H. B. 4363, Creating an informal dispute resolution process available to behavioral health providers,

            H. B. 4397, Relating to recovery of service charges and fees charged to the Tax Commissioner by financial institutions,

            Com. Sub. for H. B. 4425, Giving the Superintendent of State Police authority to hire additional staff,

            And,

            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.

            Com. Sub. for H. B. 4455, Relating to the sale of wine and alcoholic liquors by licensed wineries, farm wineries, distilleries and mini-distilleries; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Manchin, the bill was amended on page one, in the enacting section, immediately following the first “reenacted”, by striking out the semicolon and by striking out the words “and that §60-7-11 of said code be amended and reenacted” and the comma.

            On page three, section three-a, line twenty-one, by striking out the comma which immediately follows the word “mini-distillery”.

            On page five, section three-b, line sixteen, by striking out the comma which immediately follows the words “farm winery”.

            And,

            On page seven, section three-b, section eleven, following the end of that section on line forty-five, by striking out the remainder of the bill in its entirety.

            On motion of Delegates Manchin and Ireland, the bill was amended on page three, section 3a, line twenty-two, following the word “at”, by striking out the words “ten thirty” and inserting in lieu thereof “eleven thirty”.

            And,

            On page five, section 3b, line seventeen, following the word “at”, by striking out the words “ten thirty” and inserting in lieu thereof “eleven thirty”.

            The bill was then ordered to engrossment and third reading.

First Reading

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

            H. J. R. 108, Nonprofit Youth Organization Tax Exemption Support Amendment,

            Com. Sub. for H. B. 3108, Relating to criminal background checks on applicants for employment by nursing homes,

            Com. Sub. for H. B. 4312, Creating a certification for emergency medical technician-industrial,

            Com. Sub. for H. B. 4318, Continuing education of veterans mental health,

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

            Com. Sub. for H. B. 4409, Creating the Valued Employee Retention program,

            H. B. 4437, Relating to the Division of Juvenile Services,

            H. B. 4457, Authorizing a legislative rule for the Council of Community and Technical College Education regarding WV EDGE program,

            Com. Sub. for H. B. 4473, Relating to establishing voting precincts and changing the composition of standard receiving boards,

            And,

            Com. Sub. for H. B. 4490, Attorney General Ethics and Accountability Act.

Leaves of Absence

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

            At 1:30 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 20, 2014.

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