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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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__________*__________



 

Friday, February 21, 2014

FORTY-FIFTH 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 Thursday, February 20, 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 resolutions on Unfinished Business.

Unfinished Business

            Com. Sub. for H. C. R. 70, U.S. Army Sgt. Matthew D. Hunter Memorial Bridge; coming up in regular order, as unfinished business, was read by the Clerk.

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

            The yeas and nays having been ordered, they were taken (Roll No. 121), 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, Householder, Lane, Moore and J. Nelson.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 70) adopted.

            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. C. R. 64, SSG Earl F. Brown Memorial Bridge; coming up in regular order, as unfinished business, was read by the Clerk and adopted.

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

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

            Com. Sub. for H. B. 4305 - “A Bill to amend and reenact §8-33-3 of the Code of West Virginia, 1931, as amended, relating to exempting municipalities with populations of more than two thousand one hundred eighty and less than two thousand two hundred eighty from the requirement that no more than two thirds of the total number of members of a building commission board be from the same political party.”

            With the recommendation that the committee substitute do pass.

            On motions for leave, resolutions were introduced (Originating in the Committee on Government Organization and reported with the recommendation that they each be adopted), which were read by their titles, as follows:

By Delegates Morgan, Stephens, Howell, Border, Arvon, Azinger, Cadle, Caputo, Diserio, Eldridge, Faircloth, Ferns, Folk, Hartman, Jones, Kinsey, Kump, Romine, P. Smith, Staggers and Swartzmiller:

            H. C. R. 103 - “Requesting the Joint Committee on Government and Finance authorize a study on establishing policies and procedures for requiring criminal history records checks of applicants for professional or occupational licensing.”

            Whereas, The Legislature has established that it is in the public interest to require certain qualifications for licensing persons practicing various professions and occupations; and

            Whereas, In order to safe guard the public interest and to minimize potential risk to the public, it may be appropriate to require criminal history records checks of applicants for certain professions and occupations; and

            Whereas, Professional and occupational licensing boards are authorized to review and evaluate applicants for licensure based on the specific authority granted to those boards by the Legislature; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study establishing policies and procedures for requiring criminal history records checks of applicants for professional or occupational licensing; 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 its recommendations; and, be it

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

            And,

By Delegates Morgan, Stephens, Howell, Border, Arvon, Azinger, Cadle, Caputo, Diserio, Eldridge, Faircloth, Ferns, Folk, Hartman, Jones, Kinsey, Kump, Romine, P. Smith, Staggers and Swartzmiller:

            H. C. R. 104 –- “Requesting the Joint Committee on Government and Finance authorize a study of information that should be made available on professional and occupational licensing board websites.”

            Whereas, The Legislature is committed to protecting the public through the regulation of professions and occupations; and

            Whereas, Professional and occupational licensing boards are responsible for investigating complaints against licensees and implementing disciplinary action when appropriate; and

            Whereas, The public is best protected by having access to information regarding professional and occupational licensees who have had complaints filed against them and who have been subject to discipline by their respective boards; and

            Whereas, The Legislature regularly reviews the regulation of professional and occupational licensing to ensure that the public has access to relevant information and to update the law from time to time in order to protect the public; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study information that should be made available on professional and occupational licensing board websites; 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 its recommendations; and, be it

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

            Which were referred to the Committee on Rules.

            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. 4183, Supplementing, amending, decreasing, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways,

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

            Com. Sub. for H. B. 4183 - “A Bill supplementing, amending, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2014, organization 0803, for the fiscal year ending June 30, 2014,”

            With the recommendation that the committee substitute do pass.

            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 M. Poling, Perry, Pethtel, Lawrence, Barrett, Campbell, Rowan, Pasdon, Hamrick, Westfall and Ambler:

            H. B. 4619 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5B-13, relating to authorizing innovation school districts; making legislative findings and providing intent and purpose of section; school system eligibility and application categories; providing for application process, review, content and periods; innovation school district plan purpose and content; plan development, approval and submission to state board; state board designation of innovation school districts; affect of designation and process for waiver of statutes, policies, rules and interpretations; limitation on waivers; revision and extension of plans; revocation of designation; affect of plan expiration on innovations; requiring state board rule; and annual review”.

            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. 4327, Relating to the management of intractable pain act,

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

            Com. Sub. for H. B. 4327 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-414, relating to prohibiting health care practitioners from knowingly and in bad faith prescribing or administering drugs, in a manner not in accordance with accepted medical standards in the course of professional practice; providing felony criminal penalties for violations; and creating a defense to alleged violations,”

            With the recommendation that the committee substitute do pass and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

            In the absence of objection, reference of the bill (Com. Sub. for H. B. 4327) to the Committee on the Judiciary was abrogated.

            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. 2981, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations,

            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. 4204, Relating to the nonrenewal of property insurance policies as a result of certain claims,

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

            Com. Sub. for H. B. 4204 - “A Bill to amend and reenact §33-17A-4 of the Code of West Virginia, 1931, as amended, relating to the nonrenewal of property insurance policies as a result of certain claims arising from natural causes,”

            H. B. 4242, Increasing gross weight limitations on certain roads in Brooke County,

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

            Com. Sub. for H. B. 4242 - “A Bill to authorize the Commissioner of the West Virginia Division of Highways to allow an increase of gross weight limitations on certain roads in Brooke County,”

            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. 4017, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4035, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4047, 4048, 4049, 4057, 4059, 4060, 4061, 4066, 4078, 4084, 4085, 4086, 4088, 4090, 4091, 4093, 4094, 4095, 4096, 4099, 4100, 4101, 4105, 4106, 4107, 4108, 4109, 4110, 4111, and 4112, Authorizing miscellaneous boards and agencies to promulgate legislative rules,

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

            Com. Sub. for H. B. 4039 - “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; 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 Municipal Pensions Oversight Board to promulgate a legislative rule relating to policemen’s and firemen’s pensions disability calculation; authorizing the Real Estate Commission to promulgate a legislative rule relating to requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of a brokerage business; authorizing the Real Estate Commission to promulgate a legislative rule relating to a schedule of fees; authorizing the State Election Commission to promulgate a legislative rule relating to the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for licensure and certification; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to renewal of licensure or certification; authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to a schedule of fees; repealing the Treasurer’s Office legislative rule relating to procedure for deposit of funds in the Treasurer’s Office by state agencies; authorizing the Treasurer’s Office to promulgate a legislative rule relating to the procedure for deposit of monies with the office by state agencies; authorizing the Treasurer’s Office to promulgate a legislative rule relating to the selection of state depositories for disbursement accounts through competitive bidding; authorizing the Treasurer’s Office to promulgate a legislative rule relating to the selection of state depositories for receipt accounts; repealing the Treasurer’s Office legislative rule relating to rules for the reporting of debt capacity; authorizing the Treasurer’s Office to promulgate a legislative rule relating to reporting debt; authorizing the Treasurer’s Office to promulgate a legislative rule relating to procedures for fees in collections by charge, credit or debit card or by electronic payment; authorizing the Treasurer’s Office to promulgate a legislative rule relating to providing services to political subdivisions; authorizing the Bureau of Senior Services to promulgate a legislative rule relating to the In-home Care Worker Registry; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to a schedule of charges for inspection services: fruit; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to auctioneers; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to the licensure of speech-pathology and audiology; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to speech-language pathology and audiology assistants; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to disciplinary and complaint procedures for speech-language pathology and audiology; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to a code of ethics; authorizing the Board of Chiropractic Examiners to promulgate a legislative rule relating to the regulation of chiropractic practice; authorizing the Board of Chiropractic Examiners to promulgate a legislative rule relating to fees pertaining to the practice of chiropractic; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the Board; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of professional limited liability companies; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to fees established by the Board; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of dental corporations and dental practice ownership; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to dental advertising; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to continuing education requirements; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to administration of anesthesia by dentists; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the expanded duties of dental hygienists and dental assistants; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to mobile dental facilities and portable dental units; authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to policies regulating licensure of the licensed practical nurse; authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to fees for services rendered by the Board and supplemental renewal fee for the Center for Nursing; authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to continuing competence; authorizing the Board of Pharmacy to promulgate a legislative rule relating to continuing education for licensure of pharmacists; authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring; authorizing the Board of Sanitarians to promulgate a legislative rule relating to the practice of public health sanitation; authorizing the Board of Professional Surveyors to promulgate a legislative rule relating to the examination and licensing of professional surveyors in West Virginia; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the registration of veterinary technicians; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to certified animal euthanasia technicians; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees; and authorizing the Infrastructure and Jobs Development Council to promulgate a legislative rule relating to the Council,”

            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. 4401, Providing a court appointed special advocate (CASA) program in each judicial circuit and court appointed special advocates in each county for child abuse and neglect cases,

            And,

            H. B. 4552, Relating to the court of claims,

            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 Finance.

            In accordance with the former direction of the Speaker, the bills (H. B. 4401 and H. B. 4552) were each 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. 4012, Relating to the Revised Uniform Law on Notarial Acts,

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

            Com. Sub. for H. B. 4012 - “A Bill to repeal §29-4-3, §29-4-4, §29-4-5, §29-4-6, §29-4-7, §29-4-8, §29-4-12, §29-4-13, §29-4-14, §29-4-15 and §29-4-16 of the Code of West Virginia, 1931, as amended; to repeal §29C-1-101, §29C-1-102, §29C-1-103, §29C-1-104, §29C-1-105, §29C-1-106, §29C-1-107, §29C-2-201, §29C-2-202, §29C-2-203, §29C-2-204, §29C-2-205, §29C-2-206, §29C-2-207, §29C-2-208, §29C-2-301, §29C-3-101, §29C-3-102, §29C-4-101, §29C-4-102, §29C-4-103, §29C-4-104, §29C-4-201, §29C-4-202, §29C-4-203, §29C-4-301, §29C-4-401, §29C-4-402, §29C-4-403, §29C-4-404, §29C-4-405, §29C-5-101, §29C-5-102, §29C-5-103, §29C-5-104, §29C-6-101, §29C-6-102, §29C-6-103, §29C-6-201, §29C-6-202, §29C-6-203, §29C-6-204, §29C-7-101, §29C-7-201, §29C-7-202, §29C-8-101 and §29C-9-101 of said code; to repeal §39-1A-1, §39-1A-2, §39-1A-3, §39-1A-4, §39-1A-5, §39-1A-6, §39-1A-7, §39-1A-8 and §39-1A-9, of said code; to amend and reenact §39-1-4 and §39-1-5 of said code; to amend said code by adding thereto a new article, designated §39-4-1, §39-4-2, §39-4-3, §39-4-4, §39-4-5, §39-4-6, §39-4-7, §39-4-8, §39-4-9, §39-4-10, §39-4-11, §39-4-12, §39-4-13, §39-4-14, §39-4-15, §39-4-16, §39-4-17, §39-4-18, §39-4-19, §39-4-20, §39-4-21, §39-4-22, §39-4-23, §39-4-24, §39-4-25, §39-4-26, §39-4-27, §39-4-28, §39-4-29, §39-4-30, §39-4-31, §39-4-32, §39-4-33, §39-4-34, §39-4-35 and §39-4-36; to amend and reenact §57-4-2 of said code; to amend and reenact §57-5-9 of said code; and to amend and reenact §59-1-2 of said code, all relating to the Revised Uniform Law on Notarial Acts; establishing the effective date of the article; establishing an operative date of enactment and the effect on existing law; establishing the authority to perform notarial acts; establishing requirements for certain notarial acts; requiring a personal appearance and the identification of an individual; authorizing the right to refuse to perform a notarial act; establishing instructions for obtaining a signature if an individual is unable to sign; setting forth who may perform a notarial act in this state; establishing notarial reciprocity with other states, any federally recognized Indian tribe, the federal government, and foreign states; requiring a certificate for a notarial act; authorizing short form certificates; requiring an official stamp and the maintenance and disposition of a stamping device; authorizing notaries public the option of selecting a technology for use in notarial acts on electronic records; establishing minimum qualifications and authorizing the commissioning of notaries public; providing grounds to deny, refuse to renew, revoke, suspend, or condition commissions of notaries public; requiring Secretary of State to maintain a database of notaries public; prohibiting certain acts; authorizing the validity of notarial acts; authorizing the Secretary of State to promulgate rules; authorizing the continuation of a commission in effect on the effective date of the act; providing that any notarial act performed before the effective date of the act is not invalidated by the act; providing for the uniformity of the application and construction of the act; clarifying the relationship to the Electronic Signatures in Global and National Commerce Act; establishing maximum fees that may be charged by a notary public; commissioning notaries public for state and local government; establishing civil liability and criminal penalties; authorizing injunctive relief; authorizing the Secretary of State to investigate complaints; requiring the Secretary of State to maintain certain records; establishing an application fee; providing for the disposition of fees; repealing statutes regulating notaries public and commissioners including the Uniform Notary Act; repealing the Uniform Recognition of Acknowledgments Act; and removing obsolete references,”

            H. B. 4335, Relating to a child’s right to nurse,

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

            Com. Sub. for H. B. 4335 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-19, relating to a child’s right to nurse; and establishing as the public policy of this state that nursing in a public place is socially acceptable,”

            H. B. 4432, Adopting Principle Based Reserving as the method by which life insurance company reserves are calculated,

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

            Com. Sub. for H. B. 4432 - “A Bill to amend and reenact §33-7-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-13-30 of said code, all relating to adopting Principle Based Reserving as the method by which reserves for life insurance policies, accident and health insurance policies and deposit-type contracts are calculated; removing unnecessary language; and providing a phase-in of the new method upon adoption of Principle Based Reserving by forty-two states representing seventy-five percent of applicable premiums,”

            H. B. 4480, Relating to investment of the Acid Mine Drainage Fund,

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

            Com. Sub. for H. B. 4480 - “A Bill to amend and reenact §22-2-4 of the Code of West Virginia, 1931, as amended, relating to the Acid Mine Drainage and Abatement Fund; investment of funds; retention of earnings; and requiring restoration of interest earnings previously defaulted into the state’s general revenue account,”

            H. B. 4510, Establishing a bill of rights for children in foster care,

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

            Com. Sub. for H. B. 4510 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-12a, relating to legislative findings and declaration of intent for goals for foster children; requiring the Department of Health and Human Resources to propose legislative rules; providing that no new cause of action against the state is created; no expenditure of funds is required; and notify former foster parents of child’s availability for placement,”

            And,

            H. B. 4551, Improving coal mine health and safety by requiring automatic de-energization of an extraction apparatus when methane concentration is one and five-tenths (1.5) percent,

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

            Com. Sub. for H. B. 4551 - “A Bill to amend and reenact §22A-2-43 of the Code of West Virginia, 1931, as amended, relating to methane protections in underground mines; requiring automatic de-energization or shut down of equipment when a machine-mounted methane monitor indicates a methane concentration of one and five-tenths (1.5) percent; and striking rulemaking requirement which is no longer necessary,”

            With the recommendation that the committee substitutes each 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. 4184, Relating to the West Virginia Tourism Development Act,

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

            Com. Sub. for H. B. 4184 - “A Bill to repeal §5B-2E-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-7 and §5B-2E-7a of said code, all relating generally to the West Virginia Tourism Development Act; modifying or eliminating certain definitions; removing termination provisions; removing requirement for engagement of a consulting firm to review proposed projects; imposing application filing fee; eliminating limitation on total amount of tourism development expansion project tax credits for all approved companies each calendar year; providing increased tax credit amounts for projects located on or adjacent to state and federal recreational property; and making technical corrections,”

            H. B. 4416, Exempting certified professional estimator services from consumers sales tax,

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

            Com. Sub. for H. B. 4416 - “A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting certified professional estimator services from consumer sales and service tax; and providing definitions,”

            H. B. 4435, Adding West Virginia School of Osteopathic Medicine to the list of state institutions of higher education that are permitted to invest certain moneys with its foundation,

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

            Com. Sub. for H. B. 4435 - “A Bill to amend and reenact §12-1-12d of the Code of West Virginia, 1931, as amended, relating to adding West Virginia School of Osteopathic Medicine to the list of state institutions of higher education that are permitted to invest certain moneys with its foundation; establishing a cap on the amount of moneys that it may invest and clarifying investment caps for other institutions,”

            And,

            H. B. 4555, Requiring county boards of education to provide released time for professional educators and service personnel when serving in an elected municipal or county office,

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

            Com. Sub. for 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 a part-time elected municipal or county office,”

            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 concurrence in the amendments of the House of Delegates and the passage, as amended, to take effect from passage, of

            S. B. 443, Relating to SPRS,

            And,

            S. B. 444, Relating to PERS.

Resolutions Introduced

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

            H. C. R. 102 - “Urging the West Virginia Division of Natural Resources to continue indefinitely its regulatory policy of permitting only bow hunting during designated deer hunting seasons in Logan, McDowell, Mingo and Wyoming counties.”

            Whereas, The Division of Natural Resources initially implemented a "no firearms/archery only" deer hunting season in Logan, McDowell, Mingo and Wyoming counties in the late 1970s because the deer population in these counties was so decimated; and

            Whereas, The deer population in Logan, McDowell, Mingo and Wyoming counties is healthy and stable now, but there has been another important benefit of the no firearms/archery only deer hunting season in these counties; and

            Whereas, The no firearms/archery only deer hunting season in Logan, McDowell, Mingo and Wyoming counties has allowed a greater percentage of bucks to survive into older age classes and reach maturity, and thus has produced significantly more trophy bucks; and

            Whereas, This prevalence of trophy deer in Logan, McDowell, Mingo and Wyoming counties has brought national acclaim to the region and in recent years articles about the area’s trophy deer hunting have been featured in publications such as Outdoor Life, North American Whitetail, and Game and Fish; and

            Whereas, Because of the DNR’s no firearms/archery only deer season that has been in place for more than thirty years, this four county region is now considered a mecca for deer hunting that draws bow hunters from all over the United States and even from other countries; and

            Whereas, The increased national interest and growth of trophy deer hunting in Logan, McDowell, Mingo and Wyoming counties has brought tremendous economic benefit to the region; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the West Virginia Division of Natural Resources is urged to continue indefinitely its regulatory policy of permitting only bow hunting during designated deer hunting seasons in Logan, McDowell, Mingo and Wyoming counties; and, be it 

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Director of the Division of Natural Resources and the Governor of West Virginia.

Motions

            Delegate Folk submitted a written motion, under the provisions of House Rule 82, to discharge H. B. 4472, Relating to the right to bear arms from the Committee on the Judiciary.

            Delegate White moved that the motion lie over.

            On the motion to lay over, Delegate Folk demanded the yeas and nays, which demand was not sustained by the requisite number of members.

            The Speaker then put the question “Shall the motion to discharge lie over?” and the same prevailed.

Daily Calendar

Third ReadingCom. Sub. for H. B. 3108, Relating to criminal background checks on applicants for employment by nursing homes; 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. 122), 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, Cadle, Lane, Moore and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3108) 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. 4318, Continuing education of veterans mental health; 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. 123), 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, Cadle, Lane, Moore and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4318) passed.

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

            On this question, the yeas and nays were taken (Roll No. 124), 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, Lane, Moore and J. Nelson.

            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. 4318) 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. 4399, Prohibiting a local levying body from holding a special election under certain circumstances; 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. 125), 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, Lane, Moore and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4399) 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. 4409, Creating the Valued Employee Retention program; 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. 126), and there were--yeas 85, nays 11, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Cooper, Cowles, Ellem, Espinosa, Faircloth, Folk, Gearheart, Householder, O’Neal, Overington and R. Smith.

            Absent and Not Voting: Barill, Lane, Moore and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4409) 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. 4437, Relating to the Division of Juvenile 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. 127), 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, Lane, Moore and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4437) 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. 4457, Authorizing a legislative rule for the Council of Community and Technical College Education regarding WV EDGE program; 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. 128), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Andes and Walters.

            Absent and Not Voting: Barill, Lane, Moore and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4457) passed.

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

            On this question, the yeas and nays were taken (Roll No. 129), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Walters 

            Absent and Not Voting: Barill, Lane, Moore and J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4457) 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. 4473, Relating to establishing voting precincts and changing the composition of standard receiving boards; 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. 130), and there were--yeas 90, nays 6, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Cowles, Householder, Howell, Miller, R. Smith and Sobonya.

            Absent and Not Voting: Barill, Lane, Moore and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4473) passed.

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

Second ReadingH. J. R. 108, Nonprofit Youth Organization Tax Exemption Support Amendment; on second reading, coming up in regular order, was read a second time and ordered to engrossment and 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. 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,

            Com. Sub. for H. B. 4137, Relating to more equitable distribution to county boards of reimbursement of the costs of serving certain special needs students,

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

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

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

            Com. Sub. for H. B. 4373, Relating to driver education programs,

            And,

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

            Com. Sub. for H. B. 4393, Creating the Dangerous Wild Animals Act; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Butler, the bill was amended on page three, section two, line six, after the word “nature”, by inserting the words “and capability to do significant harm”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4410, Redefining auctioneer exceptions; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4460, Relating to violating provisions of the civil service law for paid fire departments; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4488, Eliminating the requirement for notarization of the articles of incorporation for cooperative associations; 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. 4490, Attorney General Ethics and Accountability Act; on second reading, coming up in regular order, was read a second time.

            Delegate White asked unanimous consent that the bill be advanced to third reading with amendments pending and the restricted right to amend by Delegate Manchin, which consent was not given, objections being heard.

            Delegate White then so moved. 

            On this motion, the yeas and nays were taken (Roll No. 131), and there were--yeas 49, nays 47, absent and not voting 4, with the nays and absent and not voting being as follows:

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

            Absent and Not Voting: Barill, Lane, Moore and J. Nelson.

             So, two thirds of the members present and voting not having voted in the affirmative, the motion did not prevail.

            At 12:40 p.m., on motion of Delegate White, the House of Delegates recessed for thirty minutes, and reconvened at that time.

            At the request of Delegate White, and by unanimous consent, H. B. 4490 was then advanced to third reading with amendments pending and with the restricted right to amend jointly by Delegates Manchin and Shott, and the rule was suspended to permit the consideration of amendments on that reading.

            H. B. 4503, Declaring certain claims against the state and its agencies to be moral obligations of the state; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4504, Providing for sharing juvenile records in certain circumstances with another state; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4529, Relating to the sale of wine; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section two, line twenty-two, by striking out the words “article eleven, chapter eleven of this code” and inserting in lieu thereof the words “this article” followed by a comma.

            The bill was then ordered to engrossment and third reading.

            H. B. 4549, Clarifying the regulation of nonintoxicating beer brewers and distributors, agreements, networks, products, brands and extensions of a line of brands; 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. 4560, Relating to reimbursement for copies of medical records; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4618, Establishing transformative system of support for early literacy; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

            Com. Sub. for H. B. 4001, Government Fraud Prevention Act,

            Com. Sub. for H. B. 4245, Relating to anticipated retirement dates of certain health care professionals,

            And,

            H. B. 4256, Amending the annual salary schedule for members of the state police.

Leaves of Absence

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

            At 1:56 p.m., on motion of Delegate White, the House of Delegates recessed until 6:00 p.m., and reconvened at that time.

* * * * * * *

Evening Session

* * * * * * *

            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. 252 - “A Bill to amend and reenact §18A-5-1a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-5-1d, all relating to allowing the county board of education and certain other individuals to refer an expelled pupil to a Juvenile Drug Court; providing for pupil who successfully completes or is certified as making satisfactory progress toward successful completion of Juvenile Drug Court to return to school by a lessening of the period of expulsion; and providing exception when a pupil brings a firearm to or possesses a firearm in a school”; which was referred to the Committee on Education 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

            Com. Sub. for S. B. 318 - “A Bill to amend and reenact §60A-3-301 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §60A-3-301a, all relating to setting registration fees for the manufacture, distribution, dispensing and conducting research of controlled substances; and providing certain boards with rule-making authority”; which was referred to the Committee on Health and Human Resources then Finance.

            A message from the Senate, by

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

             Com. Sub. for S. B. 383 - “A Bill to amend and reenact §31-17-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-17A-2 of said code, all relating to permitting certain owners of residential real estate limited exemptions from the licensing requirements of the West Virginia Residential Mortgage Lender, Broker and Servicer Act and the West Virginia Safe Mortgage Licensing Act for self-financed home financing if the owner is not acting within the regular course of business; establishing reporting requirements; and authorizing the Division of Financial Institutions to impose civil administrative penalties for failure to timely report”; which was referred to the Committee on Banking and Insurance 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 

            Com. Sub. for S. B. 424 - “A Bill to amend and reenact §17F-1-3 of the Code of West Virginia, 1931, as amended, relating to authorization and regulation of unlicensed off-road motorcycles upon public streets, roads and highways by municipalities and counties within the Hatfield-McCoy recreation area”; 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

            S. B. 456 - “A Bill to amend and reenact §11-27-38 of the Code of West Virginia, 1931, as amended, relating generally to health care provider taxes; modifying the expiration date for tax rate on eligible acute care hospitals; changing the tax rate on eligible acute care hospitals; and providing for disbursement of any funds remaining in the Eligible Acute Care Provider Enhancement Account”; 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. 461 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5b, relating to creation of a Future Fund for conserving a portion of proceeds from oil and natural gas severance tax revenues for future expenditures; creating an interest-bearing special revenue account; authorizing the West Virginia Investment Management Board to invest moneys of the fund; providing that the principal of the fund be inviolate and that only the investment income may be expended; providing for contributions to the fund from a portion of revenues collected from oil and natural gas severance taxes; prohibiting appropriation and expenditure from the fund until fiscal year 2020; requiring moneys to be expended solely for economic development projects, infrastructure projects and educational enhancement; and defining certain terms”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 477 - “A Bill to amend and reenact §18A-4-14 of the Code of West Virginia, 1931, as amended, relating to daily planning periods for certain school employees; providing that teachers determine the use of time of a planning period; prohibiting administrators from compelling a teacher to attend any work- related event during a planning period except for occasional specified instances; defining ‘meeting’; and setting forth when a planning period begins”; which was referred to the Committee on Education.

            A message from the Senate, by

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

            S. B. 485 - “A Bill to amend and reenact §22-13-7 of the Code of West Virginia, 1931, as amended, relating to permitting requirements under the Natural Streams Preservation Act; and exempting the Division of Highways under certain circumstances”; which was referred to the Committee on Agriculture and Natural 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

            Com. Sub. for S. B. 487 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-5b, relating to municipal sales tax; authorizing municipalities to enact a municipal sales tax at a rate of one percent or less; requiring reduction or elimination of municipal business and occupation tax with limitations; requiring services of State Tax Commissioner to administer tax; providing rule-making authority for the Tax Commissioner to administer municipal sales tax and charge a fee; requiring a public hearing before enacting a municipal sales tax; and requiring a municipal sales tax be read at least two times prior to enactment”; which was referred to the Committee on Political Subdivisions then Finance.

            A message from the Senate, by

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

             Com. Sub. for S. B. 507 - “A Bill to amend and reenact §30-27-4 and §30-27-6 of the Code of West Virginia, 1931, as amended, all relating to the Board of Barbers and Cosmetologists; changing board membership; requiring the board to offer examinations in other languages if available and upon request; and removing outdated language”; which was referred to the Committee on Government Organization 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

            S. B. 558 - “A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 559 - “A Bill to amend and reenact §59-1-2a of the Code of West Virginia, 1931, as amended, relating to eliminating late fees charged by the Secretary of State; and eliminating fees charged to domestic corporations, foreign corporations, domestic limited liability companies and foreign limited liability companies for the late filing of annual reports”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            S. B. 583 - “A Bill to amend and reenact §19-20C-3 of the Code of West Virginia, 1931, as amended, relating to Spay Neuter Assistance Program; and permitting emergency rulemaking”; which was referred to the Committee on Agriculture and Natural 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. 585 - “A Bill to repeal §24-3-3b of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-1-1 of said code, relating to removing unconstitutional language regarding access to rail lines”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            S. B. 586 - “A Bill to repeal §55-7B-6d of the Code of West Virginia, 1931, as amended; and to amend and reenact §56-6-11 of said code, relating to removing unconstitutional language regarding the number of jurors and types of verdicts in certain civil litigation”; 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. 600 - “A Bill to amend and reenact §8-12-16, §8-12-16a and §8-12-16c of the Code of West Virginia, 1931, as amended, all relating to the registration, maintenance and regulation of dwellings unfit for human habitation and vacant buildings and properties by municipal governments; defining terms; clarifying the parties responsible for compliance with municipal ordinances regarding these dwellings, buildings and properties; and authorizing municipalities to enact maintenance of vacant buildings and properties ordinances”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            S. B. 601 - “A Bill to amend and reenact §11-3-25 of the Code of West Virginia, 1931, as amended, relating to appeals of assessments by the Board of Equalization and Review or order of the Board of Assessment Appeals; removing a phrase giving appeal authority to an entity’s agent, which the Supreme Court of Appeals of West Virginia interpreted as unconstitutional; and clarifying that appeals must be made by attorneys”; 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. 603 - “A Bill to amend and reenact §22A-2-43 of the Code of West Virginia, 1931, as amended, relating to testing for the presence of methane in underground mines; clarifying when handheld testing devices shall be used; requiring automatic de-energization of an extraction apparatus where a machine-mounted methane monitor indicates a methane concentration of one and five-tenths percent; and removing the requirement that the Board of Coal Mine Health and Safety promulgate a legislative rule defining the term ‘sustained period’.”

            At the respective requests of Delegate White, and by unanimous consent, reference of the bill (Com.. Sub. for S. B. 603) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            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. 619 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-5e, relating to creating an exemption to the certificate of need process for certain critical access hospitals in certain situations”; which was referred to the Committee on Health and Human Resources then 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. 621 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-49-1, §33-49-2, §33-49-3, §33-49-4, §33-49-5, §33-49-6, §33-49-7, §33-49-8, §33-49-9 and §33-49-10, all relating to authorizing insurers to offer flood insurance in this state; providing legislative findings; defining terms; establishing minimum coverage requirements for these policies; providing coverage limitations that an insurer may include in these policies; requiring that certain limitations be noted on the policy declarations or face page; providing the Insurance Commissioner with authority for rate-making and legislative and emergency rule-making authority; requiring the insurer to provide notice that flood insurance is available from the National Flood Insurance Program; allowing an insurer to export a contract or endorsement of a certain amount to a surplus lines insurer without meeting certain requirements; providing prior notice requirements for cancellation or nonrenewal of a policy; requiring the insurer to notify the commissioner before writing flood insurance and to file a plan of operation with the commissioner; providing that any conflict with other provisions of the West Virginia insurance code are superseded by this article; and requiring the Insurance Commissioner to provide certification that a condition qualifies for flood insurance or disaster assistance”; which was referred to the Committee on Banking and Insurance then the Judiciary.

            At the request of Delegate White, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

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:

            H. C. R. 69, U.S. Army Corporal John L. Gibbs Memorial Bridge,

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

            Com. Sub. for H. C. R. 69 - “Requesting the Division of Highways to name bridge number 27-62-37.01 (27A052) on Route 62 in Hartford, Mason County, the ‘US Army Corporal John L. Gibbs Memorial Bridge’”,

            H. C. R. 73, U.S. Army Captain David Van Camp Memorial Bridge,

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

            Com. Sub. for H. C. R. 73 - “Requesting the Division of Highways to name bridge number 35-88-2.84 (35A083) on Bridge Street in Wheeling, Ohio County, the ‘US Army Captain David Van Camp Memorial Bridge’”,

            H. C. R. 74, Deputy Roger Lee Treadway Memorial Bridge,

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

            Com. Sub. for H. C. R. 74 - “Requesting the Division of Highways to name the pedestrian bridge, numbered 10-19/58-0.01 (10A204), on U.S. Route 19 near Fayetteville, Fayette County, as the “Deputy Roger Lee Treadway Memorial Bridge’”,

            And,

            H. C. R. 82, U.S. Army Staff Sergeant Kenneth Amick Memorial Bridge,

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

            Com. Sub. for H. C. R. 82 - “Requesting the Division of Highways to name bridge number 20-79-1.95 (20A497) on Interstate 79 in Kanawha County, the ‘U.S. Army Staff Sergeant Kenneth Amick Memorial Bridge’”,

            With the recommendation that the committee substitutes each be adopted.

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

            Your Committee on Rules has had under consideration:

            H. C. R. 68, Requesting the Joint Committee on Government and Finance to undertake a study of the development of a high speed commuter rail system in West Virginia,

            H. C. R. 95, Betty Jo Delong Memorial Bridge,

            Com. Sub. for S. C. R. 2, Requesting DOH name bridge in Harrison County “U. S. Navy Petty Officer First Class Kevin S. Rux Memorial Bridge”,

            Com. Sub. for S. C. R. 3, Requesting DOH name bridge in Gypsy, Harrison County, “U. S. Navy Seaman First Class Sam Lopez Bridge”,

            S. C. R. 4, Requesting DOH name new bridge crossing West Fork of Monongahela River at Shinnston “Veterans Memorial Bridge”,

            S. C. R. 5, Requesting DOH name bridge in Kanawha County “Army PFC William Floyd Harrison Memorial Bridge”,

            Com. Sub. for S. C. R. 8, Requesting DOH name bridge in West Milford, Harrison County, “USMC Cpl. Gene William Somers, Jr., Memorial Bridge”,

            Com. Sub. for S. C. R. 9, Requesting DOH name portion of U. S. Rt. 522 “Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway”,

            Com. Sub. for S. C. R. 10, Requesting DOH name bridge in Switzer, Logan County, “U. S. Army Cpl. James Melvin ‘Pete’ Spradlin Memorial Bridge”,

            And,

            Com. Sub. for S. C. R. 11, Requesting DOH name bridge in Logan “U. S. Army Major Thomas McElwain Memorial Bridge”,

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

            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. 2803, Requiring electric utilities to implement integrated resource plans,

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

            Com. Sub. for S. B. 2803 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to requiring electric utilities to develop integrated resource plans; requiring the Public Service Commission to order development of integrated resource plans; specifying certain deadlines for the plans; requiring commission review; authorizing commission to request additional information from the utilities; and providing considerations for commission when developing requirements for integrated resource plans.”

            With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.

            In the absence of objection, reference of the bill (Com. Sub. for H. B. 2803) to the Committee on the Judiciary was abrogated.

            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. 4307, Allowing elementary schools or parents of students at the school to serve sweets at the school once a year,

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

            Com. Sub. for H. B. 4307 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-6c, relating to school celebrations, recognition programs and events; standards, authorizations and requirements; plan required; parental participation; permissible activities and refreshments; and responsibilities of schools, faculty senates, principals, and Department of Education Office of Child Nutrition,”

            And,

            H. B. 4608, Establishing and requiring a uniform definition of dyslexia,

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

            Com. Sub. for H. B. 4608 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-20-10, relating to defining dyslexia and dyscalculia; state board responsibilities; and specifying legislative findings,”

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

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

            Com. Sub. for H. B. 2446 - “A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §49-6-11 of said code; to amend and reenact §61-3C-14b of said code; and that said code be amended by adding thereto a new section, designated §61-8-17, all relating to the crime of solicitation of a minor; requiring registration as a sex offender; requiring a judicial finding as abusing parent status in certain circumstances; and providing criminal penalties,”

            H. B. 4004, Relating to criminal offenses for child abuse,

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

            Com. Sub. for H. B. 4004 - “A Bill to amend and reenact §61-8D-3 of the Code of West Virginia, 1931, as amended, relating to criminal offenses for child abuse by a parent, guardian or custodian; creating a misdemeanor offense for child abuse by a parent, guardian or custodian which creates a substantial threat of bodily injury; establishing a misdemeanor penalty for a first offense; providing that those convicted of the first offense may be required to undergo counseling; increasing penalties for a second conviction; making a conviction for a third or subsequent offense a felony; establishing criminal penalties; and providing that a parent, guardian or custodian convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect,”

H. B. 4005, Relating to criminal offenses for child neglect,

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

            Com. Sub. for H. B. 4005 - “A Bill to amend and reenact §61-8D-1, §61-8D-4 and §61-8D-9 of the Code of West Virginia, 1931, as amended, relating to offenses of child neglect by a parent, guardian or custodian; defining terms; making it a felony for a parent, guardian or custodian to grossly neglect a child which creates substantial risk of bodily injury; creating a misdemeanor offense for child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury; establishing misdemeanor penalties for first or second offenses; making third or subsequent offenses of child neglect that creates a substantial risk of bodily injury a felony; establishing criminal penalties; providing that a parent, guardian or custodian convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect,”

            H. B. 4267, Legalizing and regulating the sale and use of fireworks and creating the West Virginia Veterans Program Fund,

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

            Com. Sub. for H. B. 4267 - “A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new section, designated §9A-1-11b; to amend said code 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, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to legalizing and regulating the sale and use of fireworks; creating the West Virginia Veterans Program Fund; imposing a twenty percent fee for the sale of fireworks and providing for the deposit of the fee collections into to fund the Veterans Program Fund, the Fire Protection Fund and the State Fire Commissions special revenue account for the use of the State Fire Marshal; and criminal penalties ”,

            H. B. 4375, West Virginia Voluntary Employee Retirement Accounts Program,

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

            Com. Sub. for H. B. 4375 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6, §5-10E-7, §5-10E-8, §5-10E-9, §5-10E-10, §5-10E-11, §5-10E-12 and §5-10E-13; and to amend and reenact §36-8-13 of said code, all relating to establishing the West Virginia Voluntary Employee Retirement Accounts Program; establishing findings; defining terms; providing for liberal construction; requiring compliance with federal and state law; providing for plan administration; authorizing the Treasurer to propose rules; establishing participation; requiring all federal approvals and filings be received and made before operations begin; creating trust; prohibiting assignment, except for qualified domestic relations orders; authorizing investments; specifying that the corpus, assets and earnings of trust do not constitute public funds; deferring compensation from federal, state and municipal income taxes; authorizing collection of fees; creating administration account; transferring up to $3 million from the Unclaimed Property Trust Fund; requiring that $3 million be repaid no later than June 30, 2024; paying program costs; requiring reimbursement to Unclaimed Property Trust Fund; specifying the state and the Treasurer are not liable for losses or changes in value; specifying certain information is confidential; requiring payroll information be provided to the Treasurer; requiring audits; and providing for the transfer of money from the Unclaimed Property Trust Fund for start-up of the program,”

            H. B. 4492, Relating to investment of moneys by the West Virginia Investment Management Board,

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

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

            And,

            H. B. 4496, Providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund,

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

            Com. Sub. for H. B. 4496 - “A Bill to amend and reenact §18B-18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-8, §18B-18A-9 and §18B-18A-11 of the Code of West Virginia, 1931, as amended, all relating generally to providing for the allocation of matching funds from the West Virginia Research Trust Fund; expanding the eligible recipients of matching funds to include West Virginia State University; and continuing legislative rule and expanding its application,”

            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. 3156, Granting a labor organization a privilege from being compelled to disclose any communication or information the labor organization or agent received or acquired in confidence from an employee,

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

            Com. Sub. for H. B. 3156 - “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §21-1A-9, relating to establishing a privilege to prevent a labor organization or its agent from being compelled to disclose certain communications or information obtained from an employee while the labor organization or agent is acting in a representative capacity concerning an employee grievance; providing limitations and exceptions,”

            H. B. 4141, Relating to licenses to sell paraphernalia for use with controlled substances,

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

            Com. Sub. for H. B. 4141 - “A Bill to repeal §47-19-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-19-1, §47-19-3, §47-19-4 and §47-19-5 of said code; and to amend and reenact §60A-4-403a of said code, all relating to licenses to sell paraphernalia for use with controlled substances; terminating the tax commissioner’s authority to issue business licenses to sell paraphernalia for use with controlled substances; revoking licenses previously issued by the Tax Commissioner; clarifying the definition of drug paraphernalia; requiring the continued retention of transaction records after the revocation of licensed authority; rule-making authority; effective date; criminal offense elements; and criminal penalties,”

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

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

            Com. Sub. for H. B. 4156 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-16D-1, §17-16D-2, §17-16D-3, §17-16D-4, §17-16D-5, §17-16D-6, §17-16D-7, §17-16D-8, §17-16D-9, §17-16D-10, §17-16D-11, §17-16D-12, §17-16D-13 and §17-16D-14, all relating to electronic collection and enforcement of tolls; defining terms; authorizing the West Virginia Parkways Authority to electronically collect and enforce tolls; establishing liability of the registered owner for violation as a rebuttable inference; providing civil penalties for nonpayment of tolls; providing exceptions when the registered owner is a lessor; providing that certain information collected is confidential and not subject to the Freedom of Information Act; allowing limited restricted and confidential access to certain information pursuant to subpoenas and court orders on a strictly confidential basis; providing criminal penalties for damage to facilities; providing for nonrenewal of vehicle registration; authorizing reciprocal agreements with other jurisdictions for enforcement; and granting rule-making authority.

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

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

            Com. Sub. for H. B. 4225 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-2-14a, relating to establishing an emergency contact database; allowing holders of a drivers license to designate up to three emergency contact persons; requiring the Division of Motor Vehicles to collect the contact information of the emergency contact persons from the licensee; defining terms; providing rule-making authority; requiring law enforcement to check the emergency contact database when a person in a motor vehicle accident is unable to communicate an emergency contact person; and providing a limitation on liability for inability of law enforcement to contact the emergency contact in certain situations,”

            H. B. 4354, Requiring the reporting and publication of all compensation, including contingent compensation, paid to lobbyists, solid waste facilities,

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

            Com. Sub. for H. B. 4354 - “A Bill to amend and reenact §6B-3-1, §6B-3-2 and §6B-3-4 of the Code of West Virginia, 1931, as amended, all relating to requiring lobbyists to report contingent compensation for all lobbying activities; requiring the filing of agreements that include contingent compensation; and amending the phrase ‘lobbying activity’ and ‘lobbying firm’,”

            H. B. 4360, Relating to consumer credit protection,

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

            Com. Sub. for H. B. 4360 - “A Bill to amend and reenact §46A-2-128 of the Code of West Virginia, 1931, as amended, all relating to consumer credit protection; and including additional conduct that is an unfair or unconscionable means to collect or attempt to collect a debt,”

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

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

            Com. Sub. for H. B. 4411 - “A Bill to amend and reenact §22-15-8 and §22-15-11of the Code of West Virginia, 1931, as amended, relating to the disposal of drill cuttings and associated drilling waste generated from well sites at commercial solid waste facilities; allowing for the receipt of additional drilling waste at commercial solid waste facilities above the facility’s existing tonnage limit through December 31, 2016, if certain conditions are met; requiring that all tonnages received at the facility, including drill cuttings and drilling waste, be within the facility’s permitted tonnage limit, on and after January 1, 2017; recognizing the facility’s continuing obligation to receive municipal solid waste while exceeding its permitted tonnage caps; requiring radiation and leachate monitoring at all facilities receiving drill cuttings and drilling waste; establishing minimum requirements for the monitoring program; requiring the investigation and report by the division of environmental protection to the legislature on specified issues associated with the disposal of drill cuttings and drilling wastes at landfills; required scope of study; establishing deadlines, effective dates; establishment of an additional solid waste fee; and requiring the promulgation of emergency and legislative rules,”

            And,

            H. B. 4501, Providing that law-enforcement officers employed as school security be allowed to carry firearms on school property under certain conditions,

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

            Com. Sub. for H. B. 4501 - “A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to persons possessing deadly weapons on school buses or on the premises of educational facilities; authorizing active law-enforcement officers and retired law enforcement officers acting as security for schools to carry deadly weapons on a school bus, on school property or at school sponsored functions when certain conditions are met,”

            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. 4316, Creating the student data accessability, transparency and accountability act,

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

            Com. Sub for H. B. 4316 - “A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-5h, relating to creating the student data accessability, transparency and accountability act; providing definitions; state, district and school responsibilities for data inventory; providing for data governance officer and responsibilities; establishing parental rights to information and providing for policies on security and access; requiring state board rules; and establishing effect on existing data,”

            And,

            H. B. 4538, Relating to the Board of Dentistry,

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

            Com. Sub. for 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,”

            With the recommendation that the committee substitutes each do pass.

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

            By Delegates Manchin and Longstreth:

            H. B. 4620 - “A Bill to amend and reenact §46A-6J-3 of the Code of West Virginia, 1931, as amended, relating to protection of consumers from price gouging and unfair trade practices; and lowering maximum allowed price increases on the sale of certain goods and services following establishment of a ‘state of emergency’.”

            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. 4226, Prohibiting damage to property of railroads, public utilities and certain production storage and distribution facilities,

            And reports the same back, with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

            In the absence of objection, reference of the bill (H. B. 4226) to the Committee on Finance was abrogated.

            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. 4252, Changing the way counties pay for regional jail inmates,

            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. 4252) was referred to the Committee on Finance.

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

            H. B. 4310, Making gun permits and applications confidential except for law enforcement purposes,

            H. B. 4346, Establishing separate standards of performance for carbon dioxide emissions,

            H. B. 4463, All relating to the disclosure of information on campaign contributions and spending,

            H. B. 4500, Relating requirements for business registration,

            H. B. 4588, Protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks,

            And,

            H. B. 4601, Relating to fiscal management and regulation of publicly-owned utilities.

            And reports the same back with the recommendation that they each 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. 4286, Captive Cervid Farming Act,

            And reports the same back without recommendation as to its passage, but with the recommendation that the bill be read a first time, ordered to second reading, and then recommitted to the Committee on Finance.

            At the respective requests of Delegate White, and by unanimous consent, the bill (H. B. 4286) was taken up for immediate consideration, read a first time and ordered to second reading, and then, on motion of the same Gentleman, recommitted to the Committee on Finance.

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

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

            Com. Sub. for H. B. 2606 - “A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29-18-4a, all relating to having the salary of the executive director of the West Virginia State Rail Authority set by the authority; and limiting such salary,”

            H. B. 4168, Requiring materials, supplies, equipment and other items purchased by the state and its agencies to be made in the United States,

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

            Com. Sub. for H. B. 4168 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto by adding thereto five new sections, designated §5-22-3, §5-22-4, §5-22-5, §5-22-6 and §5-22-7, all relating to requiring the use of items of goods and equipment manufactured in the United States in government construction contracts; specifying the types of public entities and the types of contracts to which provisions apply; duties and responsibilities of public entities and bidders on contracts; providing conditions upon which provisions may be waived; duties and responsibilities of the division of labor; providing for violations and penalties therefor; providing opportunity for hearing; and requiring rules to carry out provisions,”

            H. B. 4210, Juvenile sentencing reform,

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

            Com. Sub. for H. B. 4210 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-11-23; and to amend said code by adding thereto a new section, designated §62-12-13b, all relating to providing to eligibility for parole for persons who are convicted of criminal offenses where the person was less than eighteen years of age at the time the offense was committed, generally; prohibiting a sentence of life imprisonment without the possibility of parole upon such persons; requiring that persons who are convicted of offenses and the person was less than eighteen years of age at the time the offenses were committed shall be eligible for parole after he or she has served fifteen years; requiring certain factors to be considered by court when sentencing such persons convicted after transfer to the criminal jurisdiction of the court; and requiring certain factors to be considered by the parole board when considering the eligibility for parole of a person sentenced after transfer to the criminal jurisdiction of a court,”

            H. B. 4221, Permitting teachers under the State Teachers Retirement System to teach college level courses without loss of benefits,

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

            Com. Sub. for H. B. 4221 - “A Bill to amend and reenact §18-7A-13a of the Code of West Virginia, 1931, as amended, relating to permitting retirants under the State Teachers Retirement System to teach college level courses without loss of retirement annuity or benefits,”

            H. B. 4228, Repealing or removing certain portions of education-related statutes that have expired,

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

            Com. Sub. for H. B. 4228 - “A Bill to repeal §11-8-16a of the Code of West Virginia, 1931, as amended; to repeal §18-2-17 of said code; to repeal §18-2E-5b and §18-2E-8b of said code; to repeal §18-2G-1, §18-2G-2 and §18-2G-3 of said code; to repeal §18-5-15e and §18-5-38 of said code; to repeal §18-7-1, §18-7-2 and §18-7-3 of said code; to repeal §18-9A-6b, §18-9A-14a and §18-9A-19 of said code; to repeal §18-9C-1, §18-9C-2, §18-9C-3, §18-9C-4, §18-9C-5, §18-9C-6, §18-9C-7 and §18-9C-8 of said code; to repeal §18A-3-1c and §18A-3-1d of said code; to repeal §18A-4-10b and §18A-4-14a of said code; to amend and reenact §18-2-5a and §18-2-13 of said code; to amend and reenact §18-2E-7 of said code; to amend and reenact §18-8-1a of said code; and to amend and reenact §18A-2-12 of said code, all relating to repealing or removing certain portions of education-related statutes that are no longer applicable or are expired; repealing the authorization for county boards of education with an excess levy in effect prior to Better Schools Amendment to propose an additional excess levy not exceeding one hundred percent and a period of five years; repealing an expired pilot program for the delivery of leftover foods from schools and penal institutions; repealing expired provisions for review of system of education performance audits; repealing an expired requirement for audit of state board policies; repealing the library media improvement grant program; repealing an expired requirement for study on school equity; repealing an expired provision governing county board meetings; repealing an adult literacy education program financed, in part, by a voluntary state income tax return check-off; repealing the appropriation and allocation, up to $7 million, due to the increase in local share to Teachers Retirement System; repealing the incentive for administrative efficiency in public schools and its associated funding to the county boards of education; repealing a requirement for county boards of education to request funds to which they may be entitled; repealing the Better School Buildings Amendment and associated funding to county boards of education; repealing an expired study on training, certification, licensure and retraining of teachers; repealing a study of alternative certification programs that was required to be submitted to the Legislative Oversight Commission on Education Accountability by December 31, 2013; repealing the requirement to record and distribute exemplary teaching techniques and its associated bonuses to certain teachers; repealing an expired study on daily planning periods; providing that the State Board of Education need only file a single copy of a proposed rule with the Legislative Oversight Commission; removing the requirement that the State Board of Education contract with an independent agency to evaluate the results of character education and biannual reporting; and removing the requirement for semiannual reporting on the effect of the increased compulsory attendance age of students and the progress the state and county boards have made in implementing its associated requirements,”

            H. B. 4254, Providing that certain state employees may be granted a leave of absence with pay during a declared state of emergency,

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

            Com. Sub. for H. B. 4254 -“A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-15b, relating to providing that certain state employees may be granted a leave of absence with pay while providing assistance as an essential member of an emergency aid provider during a declared state of emergency,”

            H. B. 4270, Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center,

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

            Com. Sub. for H. B. 4270 - “A Bill to amend and reenact §18-2-16 of the Code of West Virginia, 1931, as amended, relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center; providing that the minimum salary requirements for school service personnel do not apply to service employees who are initially employed to provide services at the camp and conference center on or after July 1, 2014,”

            H. B. 4333 Relating to the redirection of certain Lottery revenues to the State Excess Lottery Revenue Fund,

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

            Com. Sub. for H. B. 4333 - “A Bill to amend and reenact §29-22-18d of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §29-22A-10d, §29-22A-10e and §29-22A-10f; to amend said code by adding thereto a new section, designated §29-22C-27a; and to amend said code by adding thereto a new section, designated §29-25-22b, all relating to the transfer of certain revenues derived from lottery activities generally; reducing the distribution to the West Virginia Infrastructure Fund to $20 million for fiscal year 2015; transferring certain revenues derived from racetrack video lottery, lottery racetrack table games and lottery historic hotel gaming facility activities to the state excess lottery revenue fund and distributing revenues from the state excess lottery revenue fund to certain distributees, all for fiscal year 2015,”

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

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

            Com. Sub. for H. B. 4449 - “A Bill to amend and reenact §11-13BB-3 and §11-13BB-14 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Innovative Mine Safety Technology Tax Credit Act; including proximity detection systems and cameras used on continuous mining machines and underground haulage equipment for tax credit purposes; and extending termination date for credit,”

            H. B. 4537, West Virginia CARES Act,

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

            Com. Sub. for 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,”

            And,

            H. B. 4552, Relating to the court of claims,

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

            Com. Sub. for 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; 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”

            With the recommendation that the committee substitutes each do pass.

Miscellaneous Business

            Delegate Cadle noted to the Clerk that he was absent when the votes were taken on Roll Nos. 122 and 123, and that had he been present, he would have voted in the affirmative.

            At 7:24 p.m., the House of Delegates adjourned until 1:00 p.m., Monday, February 24, 2014.

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