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House Journal


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Day 01 (1-08-02014)

Eighty-first Legislature

Second Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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__________*__________



 

Tuesday, February 25, 2014

FORTY-NINTH 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 Monday, February 24, 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.

Committee Reports

            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:

            Com. Sub. for S. B. 58, Relating to basis for voidable marriages and annulments,

            And,

            S. B. 359, Removing hand canvassing requirements of electronic voting machines,

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

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had receded from its amendment to, and had again adopted concurrent resolutions of the House of Delegates, as follows:

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

            And,

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

            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. 30 - “A Bill to amend and reenact §17B-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17B-2-7b of said code; to amend said code by adding thereto a new section, designated §17C-1-69; and to amend and reenact §17C-15-44 of said code, all relating to autocycles; defining ‘autocycle’; creating an autocycle exemption from motorcycle examination, licensing and endorsement requirements; allowing a person with a valid driver’s license to operate an autocycle; creating an autocycle exemption from helmet and certain other safety requirements; and deleting obsolete language regarding the motorcycle safety and education committee”; 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. 95 - “A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug and recklessly cause serious bodily injury to another person; and establishing and increasing penalties for first and subsequent violations of certain offenses”; which was referred to the Committee on the Judiciary.

             A message from the Senate, by

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

            Com. Sub. for S. B. 140 - “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Commerce; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to assessing health and safety violation penalties; authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to the program for the sharing of information between employers; authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to substance abuse screening, standards and procedure; authorizing the Division of Labor to promulgate a legislative rule relating to the Wage Payment and Collection Act; authorizing the Division of Labor to promulgate a legislative rule relating to employer wage bonds; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating; and authorizing the Division of Natural Resources to promulgate a legislative rule relating to the electronic registration of wildlife”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 181 - “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Administration; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the Department of Administration to promulgate a legislative rule relating to state-owned vehicles; and authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System”; 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. 253 - “A Bill to amend and reenact §18-21-2 and §18-21-4 of the Code of West Virginia, 1931, as amended, all relating to the special Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth; updating certain titles; and making technical corrections”; which was referred to the Committee on Education.

            A message from the Senate, by

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

            S. B. 366 - “A Bill to amend and reenact §5-16B-1 and §5-16B-2 of the Code of West Virginia, 1931, as amended, all relating to moving the Children’s Health Insurance Program from the Department of Administration to the Department of Health and Human Resources; and providing for the orderly transfer of functions, funds and accounts”; 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  

            S. B. 375 - “A Bill to amend and reenact §7-11B-3 of the Code of West Virginia, 1931, as amended, relating to tax increment financing; and adding items to those which are excluded from base assessed value and current assessed value of real and personal property”; which was referred to the Committee on Small Business, Entrepreneurship and Economic Development 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. 425 - “A Bill to repeal §30-3-16 and §30-3-16a of the Code of West Virginia, 1931, as amended; to repeal §30-14A-1, §30-14A-2, §30-14A-3, §30-14A-4 and §30-14A-5 of said code; and to amend said code by adding thereto a new article, designated §30-3E-1, §30-3E-2, §30-3E-3, §30-3E-4, §30-3E-5, §30-3E-6, §30-3E-7, §30-3E-8, §30-3E-9, §30-3E-10, §30-3E-11, §30-3E-12, §30-3E-13, §30-3E-14, §30-3E-15 and §30-3E-16, all relating to the licensure, supervision and regulation of physician assistants by the West Virginia Board of Medicine; defining term; providing for rule-making authority; setting forth licensing requirements; providing for a temporary license; providing for a practice agreement; setting out practice agreement requirements; setting forth requirements for a supervising physician; setting forth requirements for an alternate supervisory physician; providing for prescriptive authority for physician assistants; setting limits on the number of full-time physician assistants which may be supervised by a single supervisory physician; providing for emergency practice provisions; and providing for a summer camp license”; which was referred to the Committee on Health and Human Resources then the Judiciary.

            A message from the Senate, by

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

             Com. Sub. for S. B. 430 - “A Bill to amend and reenact §12-1-12b of the Code of West Virginia, 1931, as amended; to amend and reenact §12-2-2 of said code; and to amend and reenact §12-3-1 of said code, all relating to the State Treasurer’s Office; changing Cash Management Improvement Act reports from quarterly to annually; establishing standards and reviews for receipting of moneys for all spending units except the Department of Revenue; assisting spending units in developing and improving their internal controls for receipting moneys; authorizing the Treasurer to review internal control procedures for receipting moneys and to make revisions or suggestions; reviewing internal controls by auditors when auditing receipted moneys and ensuring copies of audits are submitted to the State Treasurer and Legislative Auditor; ensuring confidential information in internal control procedures is redacted before release; updating language that deposit information no longer needs to be manually forwarded since the Enterprise Resource System will automatically perform functions; adding the Board of Treasury Investments to the entities managing investments; clarifying when state checks are presumed stale and the process for dealing with stale checks; and requiring spending units to monitor checks issued on their behalf and to ensure stale checks with federal funds are properly reported”; 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. 431 - “A Bill to amend and reenact §17B-2-8, §17B-2-12 and §17B-2-12a of the Code of West Virginia, 1931, as amended, all relating to issuance and renewal of driver’s licenses; changing the renewal cycle for driver’s licenses from five to eight years; allowing the commissioner to provide a program for online renewal of driver’s licenses; providing an additional fee for the issuance of driver’s license issued for federal use; permitting more uses for military identification cards; permitting license expiration notifications by electronic means; and clarifying that a driver’s license which is valid for the operation of a commercial motor vehicle shall be issued in accordance with chapter seventeen-e of the West Virginia Code”; 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. 469 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-11, relating to the Veterans and Warriors to Agriculture Program; granting the Department of Agriculture the authority to integrate veterans into the field of agriculture; creating the Veterans and Warriors to Agriculture special revenue account and fund; exempting the Department of Agriculture from certain purchasing requirements; requiring state departments to work together; and permitting rulemaking”; 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

            S. B. 476 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3, §17A-13-4 and §17A-13-5, all relating generally to standards for conversion and retrofits of alternative-fuel motor vehicles; defining key terms for such standards; setting forth conversion and retrofit standards for the conversion of diesel and gasoline vehicles to alternative fuels; and setting forth training requirements for facilities converting and retrofitting vehicles to be capable of running on compressed natural gas”; 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. 493 - “A Bill to amend and reenact §18-8-2 and §18-8-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-1-4 of said code, all relating to excluding days a student is suspended from school from the days required to prove a student as a status offender and for prosecuting a parent for their child’s truancy”; 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. 535 - “A Bill to amend and reenact §19-1A-3a of the Code of West Virginia, 1931, as amended, relating to clarifying the definition of “ginseng”; 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. 547 - “A Bill to amend and reenact §8-5-7 of the Code of West Virginia, 1931, as amended, relating to increasing or decreasing the number of municipal wards or election districts and council members”; 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. 572 - “A Bill to amend and reenact §46-9-515 of the Code of West Virginia, 1931, as amended, relating to financing statements covering as-extracted collateral or timber to be cut”; 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. 584 - “A Bill to amend and reenact §30-13-18 of the Code of West Virginia, 1931, as amended, relating to the Board of Registration for Professional Engineers; changing the renewal date for certificates, registrations and certificates of authorization for firms to January 1; authorizing annual or biennial renewal periods; authorizing renewal notification by mail or electronically; and providing expiration requirements”; which was referred to the Committee on the Judiciary.

             A message from the Senate, by

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

            S. B. 593 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-32b, relating to travel insurance limited lines producers; defining terms; authorizing the Insurance Commissioner to issue a limited lines travel insurance producer license; authorizing a travel retailer to offer travel insurance under a limited lines travel insurance producer business entity license under certain conditions; requiring a limited lines travel insurance producer to maintain a register of travel retailers offering insurance on its behalf and to designate one of its employees as a designated responsible producer; requiring instruction or training of employees offering travel insurance on behalf of a limited lines travel insurance producer; providing exemptions from examination and continuing education requirements; requiring travel retailers offering travel insurance to make available written materials to prospective purchasers; prohibiting travel retailer employees who are not licensed as insurance producers from providing certain information; authorizing a travel retailer and its employees to offer travel insurance and to be compensated upon registration by the limited lines travel insurance producer; and providing for enforcement”; 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. 623 - “A Bill to amend and reenact §22A-1A-1 of the Code of West Virginia, 1931, as amended, relating to Office of Miners’ Health, Safety and Training administration and substance abuse; and requiring employers to notify the director of a positive drug or alcohol test, refusing to submit a sample, possessing a substituted sample, submitting a substituted sample, possessing an adulterated sample or submitting an adulterated sample”; which was referred to the Committee on Industry and Labor then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 29 - “Requesting the Division of Highways to erect a sign near the intersection of Slab Fork Road, Amy Lane and Harlock Lane in Slab Fork, Raleigh County, West Virginia, on County Route 28/1 that states ‘Home of Bill Withers’, noted Grammy Award-winning recording artist.

            Whereas, William Harrison “Bill” Withers, Jr., a singer, songwriter and musician, was born on July 4, 1938, in the small coal mining town of Slab Fork, West Virginia. He was the youngest of six children and raised in nearby Beckley, West Virginia. His father died when Bill was thirteen; and

            Whereas, Bill Withers enlisted in the United States Navy at age seventeen and served for nine years, during which time he became interested in singing and writing songs. Bill was discharged from the Navy in 1965, and he relocated to Los Angeles in 1967 to begin a musical career; and

            Whereas, Bill Withers worked as an assembler for several different companies, including Douglas Aircraft Corporation, while recording demo tapes with his own money and performing in clubs at night. Bill would keep his day job as an assembler well after his subsequent breakthrough success in the music business because of his belief that it was a fickle industry; and

            Whereas, On the strength of Bill’s demonstration tapes, he was signed to a record deal by Sussex Records in 1970 and Booker T. Jones was assigned to produce his first album. “Just as I Am” was released in 1971 and included the single tracks, “Ain’t No Sunshine” and “Grandma’s Hands”; and

            Whereas, Bill Withers won the 1972 Grammy Award for best R&B Song for “Ain’t No Sunshine” and he was also awarded a R. I. A. A. platinum disc for the song. Bill Wither’s second album, “Still Bill”, which was described as “a stone-soul masterpiece” by Rolling Stone magazine, was released in 1972 and included the hit singles “Lean on Me” and “Use Me”. The single “Lean on Me” went to number one the week of July 8, 1972, and Bill was awarded a R. I. A. A. gold disc for the song. The single “Use Me” became his third million seller and brought him another gold disc award. Bill won a second Grammy Award in 1982 for Best R&B Song for “Just the Two of Us”, which was recorded with Grover Washington, Jr.; and

            Whereas, Bill Withers was inducted into the Songwriters Hall of Fame in 2005, and he was honored by the American Society of Composers, Authors and Publishers in 2006 with the society’s Rhythm & Soul Heritage Award, which is presented to ASCAP members who have had a major impact on the legacy of rhythm and soul music. Additional honors include multiple Millionaires citations from Broadcast Music Incorporated (BMI); a Soul Train Hall of Fame award; two NAACP Image awards; induction into the inaugural class of the West Virginia Music Hall of Fame; and a Clio award. In 2007 “Lean On Me” was enshrined in the Grammy Hall of Fame; and

            Whereas, In addition to his outstanding musical contributions, Bill Withers has also done good works for his native area, including generously donating to help restore Greenwood Memorial Park Cemetery in Beckley and commissioning a painting entitled “Grandma’s Hands” for display at Tamarack in Beckley; and

            Whereas, It is only fitting that we recognize Bill Withers for his many accomplishments and for the pride he has instilled in all West Virginians by placing this marker in the town of his birth; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to erect a sign near the intersection of Slab Fork Road, Amy Lane and Harlock Lane in Slab Fork, Raleigh County, West Virginia, on County Route 28/1 that states “Home of Bill Withers”, noted Grammy Award-winning recording artist; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to Bill Withers.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:

            Com. Sub. for S. C. R. 34 - “Requesting the Division of Highways to name bridge number 48-18-19.41 (48A101), locally known as Pleasant View Bridge, carrying Route 18 over Point Pleasant Creek, Tyler County, near the turnoff to Sellers Road, the ‘U. S. Army Staff Sgt. Jesse A. Ault Memorial Bridge’.”

            Whereas, Staff Sgt. Jesse A. Ault was born in Wheeling, West Virginia, and spent ten years of his life residing in Middlebourne, West Virginia; and

            Whereas, Staff Sgt. Jesse A. Ault attended and graduated from Tyler Consolidated High School in 1998 where he played football and baseball; and

            Whereas, Staff Sgt. Jesse A. Ault reenlisted in the National Guard and took his wife’s place when she was recalled to active duty so she could stay stateside and care for their children; and

            Whereas, Staff Sgt. Jesse A. Ault left his small community to serve and protect the citizens of this great land and the Constitution of this great nation; and

            Whereas, Staff Sgt. Jesse A. Ault was dedicated to his school, friends and community where he spent an important stint during his life; and

            Whereas, Sadly, Staff Sgt. Jesse A. Ault gave his life forever and always on April 9, 2008, serving his country during Operation Iraqi Freedom; and 

            Whereas, Staff Sgt. Jesse A. Ault’s memory leaves a proud smile on the faces of the citizens of Tyler County, recounting his grand adventure of twenty-eight years as a student, friend, family member, husband, father and warrior soldier; and

            Whereas, It is fitting to honor the life of Staff Sgt. Jesse A. Ault by naming this bridge in his memory as an everlasting tribute to his service and sacrifice to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 48-18-19.41 (48A101), locally known as Pleasant View Bridge, carrying Route 18 over Point Pleasant Creek, Tyler County, near the turnoff to Sellers Road, the “U. S. Army Staff Sgt. Jesse A. Ault Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army Staff Sgt. Jesse A. Ault Memorial Bridge”; and, be it

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

Daily Calendar

Third Reading

            Com. Sub. for S. B. 603, Relating to testing for presence of methane in underground mines; on third reading, coming up in regular order, was, on motion of Delegate White, laid over.            Com. Sub. for H. B. 4001, Government Fraud Prevention Act; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 155), and there were--yeas 42, nays 55, absent and not voting 3, with the yeas and absent and not voting being as follows:

            Yeas: Miley, Barrett, Boggs, Caputo, Diserio, Eldridge, Ferro, Fleischauer, Fragale, Guthrie, Hunt, Iaquinta, Jones, Kinsey, Lawrence, Longstreth, Lynch, Manchin, Manypenny, Marcum, Marshall, Moore, Moye, Paxton, Perdue, Perry, Pethtel, L. Phillips, Pino, D. Poling, M. Poling, Poore, Skinner, P. Smith, Sponaugle, Staggers, Swartzmiller, Walker, Wells, White, Williams and Young.

            Absent and Not Voting: Barill, Ireland and J. Nelson.

            So, a majority of the members present and voting not having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4001) rejected.

            Com. Sub. for H. B. 4245, Relating to anticipated retirement dates of certain health care professionals; 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. 156), 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, Ireland, J. Nelson and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4245) 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. 4256, Amending the annual salary schedule for members of the state police; 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. 157), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Gearheart and Householder.

            Absent and Not Voting: Barill, Ireland, J. Nelson and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4256) 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. 4312, Creating a certification for emergency medical technician-industrial; 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. 158), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Ireland 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. 4312) 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. 4549, Clarifying the regulation of nonintoxicating beer brewers and distributors, agreements, networks, products, brands and extensions of a line of brands; on third reading, coming up in regular order, was, on motion of Delegate White, laid over.

Second ReadingCom. Sub. for H. B. 2446, Creating the crime of soliciting a minor; 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. 2606, Permitting the State Rail Authority to set the salary of the executive director; 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. 2803, Requiring electric utilities to implement integrated resource plans; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2981, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations; 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. 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; 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. 4004, Relating to criminal offenses for child abuse; 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. 4005, Relating to criminal offenses for child neglect; on second reading, coming up in regular order, was, on motion of Delegate White, placed at the foot of bills on second reading.

            Com. Sub. for H. B. 4012, Relating to the Revised Uniform Law on Notarial Acts; 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. 4039, Authorizing miscellaneous boards and agencies to promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Poore, the bill was amended on page seven, section one, line three, by striking out the word “two” and inserting in lieu thereof the word “twenty-two”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4141, Relating to licenses to sell paraphernalia for use with controlled substances; 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. 4156, Electronic Toll Collection Act; 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. 4168, Requiring materials, supplies, equipment and other items purchased by the state and its agencies to be made in the United States; 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. 4183, Supplementing, amending, decreasing, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways; 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. 4184, Relating to the West Virginia Tourism Development Act; on second reading, coming up in regular order, was read a second time.

            On motion of Delegates Boggs and E. Nelson, the bill was amended on page nineteen, section seven, line twenty-three, following the word “and”, by inserting “when the project is located on property owned or leased by the state or federal government” and a comma.

            On page twenty-two, section seven-a, on line twenty-seven, following the word “and”, by inserting “when the project is located on property owned or leased by the state or federal government” and a comma.

            On page twenty-four, following line sixty-nine, by inserting the following:

            §5B-2E-11. Termination.

            The Development Office may not accept any new project application after December 31, 2013 2019, and all applications submitted prior to January 1, 2013 2020, that have not been previously approved or not approved, shall be deemed not approved and shall be null and void as of January 1,2013 2020.”

            And,

            On page one, by striking out the enacting section in its entirety and inserting in lieu thereof the following:

            “That §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-7, §5B-2E-7a and §5B-2E-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows” and a colon.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4204, Relating to the nonrenewal of property insurance policies as a result of certain claims; 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. 4210, Juvenile sentencing reform; 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. 4221, Permitting teachers under the State Teachers Retirement System to teach college level courses without loss of benefits; 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. 4225, Providing for emergency contact information on driver’s license records with the Division of Motor Vehicles; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4226, Prohibiting damage to property of railroads, public utilities and certain production storage and distribution facilities; 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. 4228, Repealing or removing certain portions of education-related statutes that have expired; 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. 4242, Increasing gross weight limitations on certain roads in Brooke County; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Manchin, the bill was amended on page two, section one, line five, by striking out the word “undue”.

            On page two, section one, line five, by striking out the words “increase them. The commissioner shall then set” and inserting in lieu thereof the word “establish”.

            On page three, section one, line thirty two, by striking out the word “current” and inserting in lieu thereof the word “existing”.

            On page four, section one, line forty-four, by striking out the word “company” and inserting in lieu thereof“person, organization or corporation”.

            And,

            On page four, section one, line forty-eight, after the word “dollars”, by inserting “for each vehicle”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4254, Providing that certain state employees may be granted a leave of absence with pay during a declared state of emergency; 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. 4267, Legalizing and regulating the sale and use of fireworks and creating the West Virginia Veterans Program Fund; 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. 4270, Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4286, Captive Cervid Farming Act; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page one following the enacting clause, by striking out the remainder of the bill in its entirety and inserting in lieu thereof the following:

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; that §19-29-2 of said code be amended and reenacted; that §20-1-2 of said code be amended and reenacted; and that §20-2-11 and §20-2-12 of said code be amended and reenacted, all to read as follows:

CHAPTER 19. AGRICULTURE.

ARTICLE 2H. CAPTIVE CERVID FARMING ACT.

§19-2H-1. Definitions.

            As used in this article:

            (1) ‘Bio-security’ means measures, actions or precautions taken to prevent the transmission of disease in, among or between free-ranging and captive cervids.

            (2) ‘Captive cervid’s or ‘captive cervids’ means members of the Cervidae family of animals including, but not limited to, fallow deer, red deer, axis deer, moose, reindeer and caribou which are domesticated animals under the control of the owner of the animal: Provided, That for purposes of this article, elk and white-tailed deer (Odocoileus virginianus) and all its subspecies are not included in the definition of captive cervid.

            (3) ‘Captive cervid farming operation’ means the raising of captive cervids which are to be sold or offered for sale through commercial outlets for human consumption.

            (4) ‘Commissioner’ means the Commissioner of the West Virginia Department of Agriculture.

            (5) ‘Department’ means the West Virginia Department of Agriculture.

            (6) ‘Division of Natural Resouces’ means division of natural resources established pursuant to section three, article one, chapter twenty of this code.

            (7) ‘Identification system’ means a process or procedure that allows an individual captive cervid to be continuously recognized as a unique animal throughout its lifetime.

            (8)’License’ means the authorization issued by the department for the operation of a captive cervid farming facility.

            (9) ‘Licensed captive cervid farming facility’ means the specific fenced area and all equipment and components therein approved by the department for use as a captive cervid farming operation, but not including zoos accredited under the American Zoological Association, other petting zoos or roadside menageries licensed under section fifty-two, article two, chapter twenty of this code, or backyard enclosures containing less than one acre of fenced area and having captive cervids located there for public or private viewing.

            (10) ‘Owner’ means the person who owns or operates a licensed captive cervid farming facility.

            (11) ‘Person’ means an individual, corporation, limited liability company, partnership, association, joint venture or other legal entity.

            (12) ‘Release’ means to allow a cervid from a licensed captive cervid farming facility to be outside the perimeter fence of that licensed captive cervid farming facility without being under the direct control of the owner or his or her agent.

§19-2H-2. Authority of the Department of Agriculture.

            The department shall regulate captive cervid farming operations in accordance with this article. Subject to the transition provisions contained in section ten of this article, no person may operate a captive cervid farming facility unless that person holds a license issued by the commissioner pursuant to this article authorizing operation of that particular facility.

§19-2H-3. Captive cervid farming rules.

            (a) The commissioner shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code as are necessary to provide for implementation and enforcement of this article. Any rule proposed by the commissioner before September 1, 2014, may be filed as an emergency rule.

            (b) The rules, insofar as practicable, shall provide for the protection of animal and human health and promotion of bio-security which are consistent with the rules on those same subjects promulgated by the United States Department of Agriculture, division of animal and plant health inspection service, in order that the rules promulgated pursuant to this section and similar rules promulgated by the United States Department of Agriculture may be harmoniously administered and applied to captive cervid farming operations subject to both the applicable federal rules and to rules promulgated under this section.

            (c) The rules promulgated under this section shall include, specific requirements which shall:

            (1) Prevent the spread of diseases between captive and free-ranging cervids;

            (2) Implement an identification system which will allow individual captive cervids to be recognized and identified throughout the animal’s life;

            (3) Establish the specifications for fencing necessary to prevent the escape of captive cervids and the infiltration of free-ranging cervids into a licensed captive cervid farming facility;

            (4) Specify the record-keeping standards required of licensees, including standards for documentation of purchases, propagation, sales, harvesting and any other documentation required to maintain accurate and complete records of captive cervid farming operations.

            (5) Establish animal health testing criteria needed to discover and prevent the spread of animal diseases;

            (6) Regulate the movement of captive cervids, and provide for maintenance of documentation of the origin and destination of all shipments and any other documentation required under the animal industry laws of this state; and

            (7) Establish a schedule of fees and charges for services provided by the department to licensed captive cervid farming facilities, which fees and charges shall be set so that the costs of regulation pursuant to this article are covered by the combination of the fees and charges, license fees and any federal and state grants and appropriations available for support of the regulation of captive cervid farming operations.

§19-2H-4. Duties and obligations of the commissioner.

            The commissioner or his or her designees may:

            (1) Establish within the department a section responsible for the enforcement of this article;

            (2) Designate members of the department staff responsible for each of the functions required for the proper regulation of captive cervid farming operations;

            (3) Contract, if deemed desirable, with veterinarians and other animal health professionals to provide services required to assure the bio-security of captive cervid farming operations;

            (4) Enter into memorandum of understanding with the division of natural resources to establish inspection cooperation and coordination of the licensed captive cervid farming facilities and the sharing of information retained by either the department or the division of natural resources relating to any captive cervid.

            (5) Enter into interstate contracts with other states to enhance the bio-security of captive cervid farming operations in this and other states;

            (6) Lease, rent, acquire, purchase, own, hold, construct, equip, maintain, operate, sell, encumber and assign rights of any property, real or personal, consistent with the objectives set forth in this article;

            (7) Hold hearings on any matter of concern relating to captive cervid farming, subpoena witnesses, administer oaths, take testimony, require the production of evidence and documentary evidence and designate hearing examiners and employees to so act; and

            (8) To make and enter into all agreements and do all acts necessary or incidental to the performance of duties and the exercise of powers under this article.

§19-2H-5. Application for license.

            (a) A person desiring to operate a captive cervid farming facility must submit an application for a license to the department. The department shall provide the forms and instructions for the filing of applications.

            (b) The application form shall require submission of the following information:

            (1) The mailing address of the proposed captive cervid farming facility and the size, location and an adequate legal description of the facility;

            (2) The number of each species of cervid proposed to be included in the proposed facility;

            (3) The bio-security measures to be utilized, including, but not limited to, a description of the fencing and the animal identification system to be used;

            (4) The proposed method of flushing wild cervid species from the enclosure, if applicable;

            (5) The proposed record-keeping system;

            (6) The method of verification that all free-ranging deer species have been removed;

            (7) The current zoning, if any, of the property proposed for the facility; and

            (8) Any other information considered necessary by the department.

            (c) The application shall be accompanied by the biennial license fee as follows:

            (1) Class one license. – For a facility to be used only for breeding and propagation of cervids for sale to others – $750;

            (2) Class two license. - For facilities from which cervids will be harvested for commercial use - $1,500.

§19-2H-6. Departmental action on applications.

            (a) The department shall act on an application for a license within sixty days of receipt. The department may issue a provisional license for a proposed facility which has not yet been constructed, but operations shall not begin under a provisional license until after inspection of the fully constructed facility by the department and the issuance of a nonprovisional license for the facility.

            (b) The department may not issue any nonprovisional license until the commissioner has determined that the facility and its operation meet all of the following criteria:

            (1) The facility has been inspected by the department and the commissioner has determined that the facility and its proposed operation meet each of the standards and requirements under this article and the rules promulgated under this article;

            (2) The applicant has all necessary federal, state and local governmental permits required for the facility and operations subject to the license.

            (3) The owner has paid all applicable license fees and all departmental charges for services provided to the owner’s captive cervid farming facility.

            (c) If the department finds a deficiency in the license application, the owner shall be given at least thirty days to remedy the deficiency before the license application is denied.

            (d) If the commissioner determines that the proposed captive cervid farming facility or its proposed operation does not comply with the requirements of this article after the opportunity to remedy deficiencies, the commissioner shall deny the application and notify the applicant in writing of the reasons for the denial.

            (e) The applicant may request a hearing pursuant to article

five, chapter twenty-nine-a of this code, to contest the denial of a license or any limitations placed upon the issuance of a license.

            (f) The department may not return the license fee or any portion of the license fee to an applicant if a license is denied.

§19-2H-7. License certificate; renewal; sale or transfer of license.

            (a) The department shall issue a license certificate to the owner of each licensed captive cervid farming facility, which shall contain the following information:

            (1) The class of license, the license number and expiration date;

            (2) The cervid species approved for the licensed facility;

            (3) The name, business address and telephone number of the owner of the licensed facility; and

            (4) The address of the captive cervid farming facility.

            (b) An application for renewal of a license shall be submitted on forms provided by the department not later than sixty days before expiration of the current license. Each license issued shall be for a period of two years from the date of issuance.

            (c) The sale or transfer of ownership of a captive cervid farming facility will not operate to transfer the license. The department may issue a new license to the transferee, if all license requirements are met and a new license fee is paid.

§19-2H-8. License modification.

            An owner must apply to the department for a license modification if there is any proposed change in the class of license or the species approved for the licensed facility.

§19-2H-9. Inspection of facility by the department.

            (a) The department, the division of natural resources, pursuant to a memorandum of understanding required by section four of this article, and their authorized agents shall have access at all reasonable hours to any licensed captive cervid farming facility for the purpose of conducting inspections, securing samples or specimens of any cervid species and determining whether the owner is in compliance with the requirements of this article. Any inspection and sampling shall be conducted in a manner which will not jeopardize the health of the captive cervids.

§19-2H-10. Transition to captive cervid farming licenses; statutory conflicts.

            (a) A captive cervid farming facility in existence on the effective date of this article may continue operation under its existing authorization until the department acts on its application for a license under this article, provided the owner of that facility makes application for a license under this article within sixty days after application forms are available from the department.

            (b) Notwithstanding any other law to the contrary, an owner or an owner’s customer harvesting captive cervids from a licensed captive cervid farming facility is not subject to any possession limits laws, closed season laws, or hunting license requirements. A license under this article does not give the licensee any right to take free-ranging cervids unless it is done pursuant to a permit issued by the Division of Natural Resources.

            (c) A licensed captive cervid farming facility is not subject to sections eleven, twelve, thirteen, fourteen, forty-seven and fifty-one, article two, chapter twenty of this code or the rules promulgated thereunder for its operations relating to the raising of captive cervids which are to be sold or offered for sale through commercial outlets for human consumption. If a licensed captive cervid farming facility has other operations relating to cervids on its facility, those cervids and the facility, would be subject to any applicable laws relating to those other operations.

§19-2H-11. Noncompliance with article, standards, orders or rules; suspension, revocation or limitation of license.

            The department may suspend, revoke or limit a license if the licensee fails to comply with this article, standards adopted under this article, orders issued by the commissioner as a result of an administrative action or departmental review conducted under this article or rules promulgated under this article.

§19-2H-12. Prohibited conduct; violation; penalty.

            (a) A person may not intentionally or knowingly release or allow the release of any captive cervids from a captive cervid farming facility. This subsection does not prohibit the sale, breeding, marketing, exhibition or other uses of captive cervids approved by the department.

            (b) An owner may not intentionally or knowingly abandon a captive cervid farming facility without first notifying the department in compliance with standards established under this article.

            (c) A person may not intentionally or knowingly cause the ingress of free-ranging cervids into a captive cervid farming facility.

            (d) Any person who violates subsection (a), (b) or (c) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $300, confined in jail for not more than ninety days, or both fined and confined, for a first offense. A second or subsequent offense is a misdemeanor and, is punishable by a fine of not more than $1,000, confinement for not more than one year, or both fined and confined.

§19-2H-13. Findings of violations; remedies.

            (a) The commissioner, upon finding that a person has violated any requirements under this article, may:

            (1) Issue a warning; or

            (2) Impose a civil penalty of not more than $1,000, plus the costs of investigation, for each violation, after notice and an opportunity for a hearing. A person aggrieved by an administrative action under this section may request a hearing pursuant to article five, chapter twenty-nine-a of this code.

            (b) Notwithstanding any other provisions of this article, the commissioner may bring an action to:

            (1) Obtain a declaratory judgment that a particular method, activity or practice is a violation of this article; or

            (2) Obtain an injunction against a person who is engaging in a method, activity or practice that violates this article.

            (c) The remedies under this article are cumulative and use of one remedy does not bar the use of any other remedy.

§19-2H-14. Reports to Legislature.

            Beginning October 1, 2014, and every three months thereafter until October 1, 2016, the Commissioner shall make quarterly reports to the Joint Committee on Government and Finance and to the director of the division of natural resources detailing the implementation and enforcement of captive cervid farming facilities in the state.

§19-2H-15. Captive Cervid Farming Facility Administrative Account created.

            There is hereby created in the State Treasury a special revenue fund to be designated and known as the ‘Captive Cervid Farming Facility Administrative Account’, which shall consist of revenues derived from license fees, fees for services provided by the Department and civil penalties authorized by this article, to be administered by the Commissioner and used for the administration and enforcement of this article. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2015, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature.

ARTICLE 29. PRODUCTION OF NONTRADITIONAL AGRICULTURE PRODUCTS.

§19-29-2. Definitions.

            As used in this article:

            (a) (1) ‘Aquaculture’ means the commercial production of fish and/or other aquatic life.

            (b) (2) ‘Commissioner’ means the commissioner of agriculture or his or her designee.

            (c) (3) ‘Domestic purposes’ means for the purposes of food production, for resale as breeding stock or for the sale of immature stock for the purposes of further feeding.

            (d) (4)’Nontraditional agriculture’ means the production of animals domesticated from wild stock, either native or nonnative, and are being confined, bred, and/or fed for domestic purposes, except that elk and white-tailed deer (Odocoileus virginianus) and all its subspecies shall not be included; aquaculture; or other agricultural products as defined in this article.

CHAPTER 20. NATURAL RESOURCES.

ARTICLE 1. ORGANIZATION AND ADMINISTRATION.

§20-1-2. Definitions.

            As used in this chapter, unless the context clearly requires a different meaning:

            (1) ‘Agency’ means any branch, department or unit of the state government, however designated or constituted.

(2)’Alien’ means any person not a citizen of the United States.

            (3) ‘Bag limit’ or ‘creel limit’ means the maximum number of wildlife which may be taken, caught, killed or possessed by any person.

            (4) ‘Big game’ means elk, deer, black bears, wild boars and wild turkeys.

            (5) ‘Bona fide resident, tenant or lessee’ means a person who permanently resides on the land.

            (6) ‘Citizen’ means any native-born citizen of the United States and foreign-born persons who have procured their final naturalization papers.

            (7) ‘Closed season’ means the time or period during which it shall be unlawful to take any wildlife as specified and limited by the provisions of this chapter.

            (8) ‘Commission’ means the Natural Resources Commission.

            (9) ‘Commissioner’ means a member of the advisory commission of the Natural Resources Commission.

            (10) ‘Director’ means the Director of the Division of Natural Resources.

            (11) ‘Fishing’ or ‘to fish’ means the taking, by any means, of fish, minnows, frogs or other amphibians, aquatic turtles and other forms of aquatic life used as fish bait.

            (12) ‘Fur-bearing animals’ include: (A) The mink; (B) the weasel; (C) the muskrat; (D) the beaver; (E) the opossum; (F) the skunk and civet cat, commonly called polecat; (G) the otter; (H) the red fox; (I) the gray fox; (J) the wildcat, bobcat or bay lynx; (K) the raccoon; and (L) the fisher.

            (13) ‘Game’ means game animals, game birds and game fish as herein defined.

            (14) ‘Game animals’ include: (A) The elk; (B) the deer; (C) the cottontail rabbits and hares; (D) the fox squirrels, commonly called red squirrels, and gray squirrels and all their color phases - red, gray, black or albino; (E) the raccoon; (F) the black bear; and (G) the wild boar. The term ‘game animals’ does not include privately owned cervid and all its subspecies that are kept pursuant to article two-h, chapter nineteen of this code.

            (15) ‘Game birds’ include: (A) The anatidae, commonly known as swan, geese, brants and river and sea ducks; (B) the rallidae, commonly known as rails, sora, coots, mudhens and gallinule; (C) the limicolae, commonly known as shorebirds, plover, snipe, woodcock, sandpipers, yellow legs and curlews; (D) the galliformes, commonly known as wild turkey, grouse, pheasants, quails and partridges (both native and foreign species); (E) the columbidae, commonly known as doves; (F) the icteridae, commonly known as blackbirds, redwings and grackle; and (G) the corvidae, commonly known as crows.

            (16) ‘Game fish’ include: (A) Brook trout; (B) brown trout; (C) rainbow trout; (D) golden rainbow trout; (E) largemouth bass; (F) smallmouth bass; (G) spotted bass; (H) striped bass; (I) chain pickerel; (J) muskellunge; (K) walleye; (L) northern pike; (M) rock bass; (N) white bass; (O) white crappie; (P) black crappie; (Q) all sunfish species; (R) channel catfish; (S) flathead catfish; (T) blue catfish, (U) sauger; and (V) all game fish hybrids.

            (17) ‘Hunt’ means to pursue, chase, catch or take any wild birds or wild animals: Provided, That the definition of ‘hunt’ does not include an officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial.

            (18) ‘Lands’ means land, waters and all other appurtenances connected therewith.

            (19) ‘Migratory birds’ means any migratory game or nongame birds included in the terms of conventions between the United States and Great Britain and between the United States and United Mexican States, known as the Migratory Bird Treaty Act, for the protection of migratory birds and game mammals concluded, respectively, August 16, 1916, and February 7, 1936.

            (20) ‘Nonresident’ means any person who is a citizen of the United States and who has not been a domiciled resident of the State of West Virginia for a period of thirty consecutive days immediately prior to the date of his or her application for a license or permit except any full-time student of any college or university of this state, even though he or she is paying a nonresident tuition.

            (21) ‘Open season’ means the time during which the various species of wildlife may be legally caught, taken, killed or chased in a specified manner and shall include both the first and the last day of the season or period designated by the director.

            (22) ‘Person’, except as otherwise defined elsewhere in this chapter, means the plural ‘persons’ and shall include individuals, partnerships, corporations or other legal entities.

            (23) ‘Preserve’ means all duly licensed private game farmlands, or private plants, ponds or areas, where hunting or fishing is permitted under special licenses or seasons other than the regular public hunting or fishing seasons. The term ‘preserve’ does not include privately-owned lands that are kept pursuant to article two-h, chapter nineteen of this code for the raising of captive cervids which are to be sold or offered for sale through commercial outlets for human consumption.

            (24) ‘Protected birds’ means all wild birds not included within the definition of ‘game birds’ and ‘unprotected birds’.

            (25) ‘Resident’ means any person who is a citizen of the United States and who has been a domiciled resident of the State of West Virginia for a period of thirty consecutive days or more immediately prior to the date of his or her application for license or permit: Provided, That a member of the Armed Forces of the United States who is stationed beyond the territorial limits of this state, but who was a resident of this state at the time of his or her entry into such service and any full-time student of any college or university of this state, even though he or she is paying a nonresident tuition, shall be considered a resident under the provisions of this chapter.

            (26) ‘Roadside menagerie’ means any place of business, other than a commercial game farm, commercial fish preserve, place or pond, where any wild bird, game bird, unprotected bird, game animal or fur-bearing animal is kept in confinement for the attraction and amusement of the people for commercial purposes.

            (27) ‘Small game’ includes all game animals, furbearing animals and game birds except elk, deer, black bears, wild boars and wild turkeys.

            (28) ‘Take’ means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so: Provided, That the definition of ‘take’ does not include an officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial.

            (29) ‘Unprotected birds’ shall include: (a) The English sparrow; (b) the European starling; and (c) the cowbird.

            (30) ‘Wild animals’ means all mammals native to the State of West Virginia occurring either in a natural state or in captivity, except house mice or rats. The term ‘wild animals’ does not include privately-owned cervid and all its subspecies that are kept pursuant to article two-h, chapter nineteen of this code which are to be sold or offered for sale through commercial outlets for human consumption.

            (31) ‘Wild birds’ shall include all birds other than: (A) Domestic poultry - chickens, ducks, geese, guinea fowl, peafowls and turkeys; (B) psittacidae, commonly called parrots and parakeets; and (C) other foreign cage birds such as the common canary, exotic finches and ring dove. All wild birds, either: (A) Those occurring in a natural state in West Virginia; or (B) those imported foreign game birds, such as waterfowl, pheasants, partridges, quail and grouse, regardless of how long raised or held in captivity, shall remain wild birds under the meaning of this chapter.

            (32) ‘Wildlife’ means wild birds, wild animals, game and fur-bearing animals, fish (including minnows,) reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait, whether dead or alive. The term ‘wildlife’ does not include privately owned cervid and all its subspecies that are kept pursuant to article two-h, chapter nineteen of this code which are to be sold or offered for sale through commercial outlets for human consumption.

            (33) ‘Wildlife refuge’ means any land set aside by action of the director as an inviolate refuge or sanctuary for the protection of designated forms of wildlife.

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-11. Sale of wildlife; transportation of same.

            No (a) A person, except those legally licensed to operate private game preserves for the purpose of propagating game for commercial purposes and those legally licensed to propagate or sell fish, amphibians and other forms of aquatic life, shall may not purchase or offer to purchase, sell or offer to sell, expose for sale, or have in his or her possession for the purpose of sale any wildlife, or part thereof, which has been designated as game animals, fur-bearing animals, game birds, game fish or amphibians, or any of the song or insectivorous birds of the state, or any other species of wildlife which the director may designate:, Provided, That except for privately owned cervid and all its subspecies that are kept pursuant to article two-h, chapter nineteen of this code which are to be sold or offered for sale through commercial outlets for human consumption. pelts Pelts of game or fur-bearing animals taken during the legal season may be sold and live red and gray foxes and raccoon taken by legal methods during legal and established trapping seasons may be sold within the state: Provided, however, That. The hide, head, antlers and feet of a legally killed deer and the hide, head and skull of a legally killed black bear may be sold.

            No (b) A person, including a common carrier, shall may not transport, carry or convey, or receive for such purposes any wildlife, the sale of which is prohibited, if such person knows or has reason to believe that such wildlife has been or is to be sold in violation of this section.

            The (c) Each separate act of selling or exposing for sale, having in possession for sale, transporting or carrying in violation of this section shall each constitute constitutes a separate misdemeanor offense. Notwithstanding the provisions of this or any other section of this chapter, any game birds or game bird meats sold by licensed retailers may be served at any hotel, restaurant or other licensed eating place in this state.

            (d) The director shall have authority to promulgate rules may propose rules for promulgation in accordance with article three, chapter twenty-nine-a of this code, dealing with the sale of wildlife and the skins thereof.

§20-2-12. Transportation of wildlife out of state; penalties.

            (a) A person may not transport or have in his or her possession with the intention of transporting beyond the limits of the state any species of wildlife or any part thereof killed, taken, captured or caught within this state, except as provided in this section.

            (1) A person legally entitled to hunt and fish in this state may take with him or her personally, when leaving the state, any wildlife that he or she has lawfully taken or killed, not exceeding, during the open season, the number that any person may lawfully possess.

            (2) Licensed resident hunters and trappers and resident and nonresident fur dealers may transport beyond the limits of the state pelts of game and fur-bearing animals taken during the legal season.

            (3) A person may transport the hide, head, antlers and feet of a legally killed deer and the hide, head, skull, organs and feet of a legally killed black bear beyond the limits of the state.

            (4) A person legally entitled to possess an animal according to section four, article two of this chapter may transport that animal beyond the limits of the state.

            (b) The director shall have authority to may promulgate rules in accordance with chapter twenty-nine-a of this code dealing with the transportation and tagging of wildlife and the skins.

            (c) A person violating the provisions of this section by transporting or possessing with the intention of transporting beyond the limits of this state deer or wild boar shall be deemed considered to have committed a separate offense for each animal so transported or possessed.

            (d) A person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $20 nor more than $300 and be imprisoned confined in jail not less than ten nor more than sixty days.

            (e) This section does not apply to:

            (1) Persons legally entitled to propagate and sell wild animals, wild birds, fish, amphibians and other forms of aquatic life beyond the limits of the state; and

            (2) Privately-owned cervid or any of its subspecies that are kept pursuant to article two-h, chapter nineteen of this code which are to be sold or offered for sale through commercial outlets for human consumption.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4305, Relating to the requirements of members of a building commission board be from the same political party; 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. 4307, Relating to school celebrations, recognition programs and events; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4310, Making gun permits and applications confidential except for law enforcement purposes; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Manchin, the bill was amended on page one, immediately following the enacting section, by striking out the remainder of the bill in its entirety, and inserting in lieu thereof the following: 

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-4. License to carry deadly weapons; how obtained.

            (a) Except as provided in subsection (h) of this section, any person desiring to obtain a state license to carry a concealed deadly weapon shall apply to the sheriff of his or her county for the license, and shall pay to the sheriff, at the time of application, a fee of $75, of which $15 of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code. Concealed weapons permits may only be issued for pistols or revolvers. Each applicant shall file with the sheriff a complete application, as prepared by the Superintendent of the West Virginia State Police, in writing, duly verified, which sets forth only the following licensing requirements:

            (1) The applicant’s full name, date of birth, Social Security number, a description of the applicant’s physical features, the applicant’s place of birth, the applicant’s country of citizenship and, if the applicant is not a United States citizen, any alien or admission number issued by the United States Bureau of Immigration and Customs enforcement, and any basis, if applicable, for an exception to the prohibitions of 18 U. S. C. § 922(g)(5)(B);

            (2) That, on the date the application is made, the applicant is a bona fide resident of this state and of the county in which the application is made and has a valid driver’s license or other state-issued photo identification showing the residence;

            (3) That the applicant is twenty-one years of age or older: Provided, That any individual who is less than twenty-one years of age and possesses a properly issued concealed weapons license as of the effective date of this article shall be licensed to maintain his or her concealed weapons license notwithstanding the provisions of this section requiring new applicants to be at least twenty-one years of age: Provided, however, That upon a showing of any applicant who is eighteen years of age or older that he or she is required to carry a concealed weapon as a condition for employment, and presents satisfactory proof to the sheriff thereof, then he or she shall be issued a license upon meeting all other conditions of this section. Upon discontinuance of employment that requires the concealed weapons license, if the individual issued the license is not yet twenty-one years of age, then the individual issued the license is no longer eligible and must return his or her license to the issuing sheriff;

            (4) That the applicant is not addicted to alcohol, a controlled substance or a drug and is not an unlawful user thereof as evidenced by either of the following within the three years immediately prior to the application:

            (A) Residential or court-ordered treatment for alcoholism or alcohol detoxification or drug treatment; or

            (B) Two or more convictions for driving while under the influence or driving while impaired;

            (5) That the applicant has not been convicted of a felony unless the conviction has been expunged or set aside or the applicant’s civil rights have been restored or the applicant has been unconditionally pardoned for the offense;

            (6) That the applicant has not been convicted of a misdemeanor crime of violence other than an offense set forth in subsection (7) of this section in the five years immediately preceding the application;

            (7) That the applicant has not been convicted of a misdemeanor crime of domestic violence as defined in 18 U. S. C. § 921(a)(33), or a misdemeanor offense of assault or battery either under the provisions of section twenty-eight, article two of this chapter or the provisions of subsection (b) or (c), section nine, article two of this chapter in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant’s child or ward or a member of the defendant’s household at the time of the offense, or a misdemeanor offense with similar essential elements in a jurisdiction other than this state;

            (8) That the applicant is not under indictment for a felony offense or is not currently serving a sentence of confinement, parole, probation or other court-ordered supervision imposed by a court of any jurisdiction or is the subject of an emergency or temporary domestic violence protective order or is the subject of a final domestic violence protective order entered by a court of any jurisdiction;

            (9) That the applicant has not been adjudicated to be mentally incompetent or involuntarily committed to a mental institution. If the applicant has been adjudicated mentally incompetent or involuntarily committed the applicant must provide a court order reflecting that the applicant is no longer under such disability and the applicant’s right to possess or receive a firearm has been restored;

            (10) That the applicant is not prohibited under the provisions of section seven of this article or federal law, including 18 U.S.C. § 922(q) or (n), from receiving, possessing or transporting a firearm;

            (10) (11) That the applicant has qualified under the minimum requirements set forth in subsection (d) of this section for handling and firing the weapon: Provided, That this requirement shall be waived in the case of a renewal applicant who has previously qualified; and

            (11) (12) That the applicant authorizes the sheriff of the county, or his or her designee, to conduct an investigation relative to the information contained in the application.

            (b) For both initial and renewal applications, the sheriff shall conduct an investigation including a nationwide criminal background check consisting of inquiries of the National Instant Criminal Background Check System, the West Virginia criminal history record responses and the National Interstate Identification Index and shall review the information received in order to verify that the information required in subsection (a) of this section is true and correct. A license may not be issued unless the issuing sheriff has verified through the National Instant Criminal Background Check System that the information available to him or her does not indicate that receipt or possession of a firearm by the applicant would be in violation of the provisions of section seven of this article or federal law, including 18 U.S.C. § 922(g) or (n).

            (c) Sixty dollars of the application fee and any fees for replacement of lost or stolen licenses received by the sheriff shall be deposited by the sheriff into a concealed weapons license administration fund. The fund shall be administered by the sheriff and shall take the form of an interest-bearing account with any interest earned to be compounded to the fund. Any funds deposited in this concealed weapon license administration fund are to be expended by the sheriff to pay for the costs associated with issuing concealed weapons licenses. Any surplus in the fund on hand at the end of each fiscal year may be expended for other law-enforcement purposes or operating needs of the sheriff’s office, as the sheriff may consider considers appropriate.

            (d) All persons applying for a license must complete a training course in handling and firing a handgun. The successful completion of any of the following courses fulfills this training requirement:

            (1) Any official National Rifle Association handgun safety or training course;

            (2) Any handgun safety or training course or class available to the general public offered by an official law-enforcement organization, community college, junior college, college or private or public institution or organization or handgun training school utilizing instructors duly certified by the institution;

            (3) Any handgun training or safety course or class conducted by a handgun instructor certified as such by the state or by the National Rifle Association;

            (4) Any handgun training or safety course or class conducted by any branch of the United States Military, Reserve or National Guard or proof of other handgun qualification received while serving in any branch of the United States Military, Reserve or National Guard.

            A photocopy of a certificate of completion of any of the courses or classes or an affidavit from the instructor, school, club, organization or group that conducted or taught said the course or class attesting to the successful completion of the course or class by the applicant or a copy of any document which shows successful completion of the course or class shall constitute is evidence of qualification under this section.

            (e) All concealed weapons license applications must be notarized by a notary public duly licensed under article four, chapter twenty-nine of this code. Falsification of any portion of the application constitutes false swearing and is punishable under the provisions of section two, article five, chapter sixty-one of this code.

            (f) The sheriff shall issue a license unless he or she determines that the application is incomplete, that it contains statements that are materially false or incorrect or that applicant otherwise does not meet the requirements set forth in this section. The sheriff shall issue, reissue or deny the license within forty-five days after the application is filed if all required background checks authorized by this section are completed.

            (g) Before any approved license shall be is issued or become is effective, the applicant shall pay to the sheriff a fee in the amount of $25 which the sheriff shall forward to the Superintendent of the West Virginia State Police within thirty days of receipt. The license shall be is valid for five years throughout the state, unless sooner revoked.

            (h) Each license shall contain the full name and address of the licensee and a space upon which the signature of the licensee shall be signed with pen and ink. The issuing sheriff shall sign and attach his or her seal to all license cards. The sheriff shall provide to each new licensee a duplicate license card, in size similar to other state identification cards and licenses, suitable for carrying in a wallet, and the license card is considered a license for the purposes of this section.

            (I) The Superintendent of the West Virginia State Police shall prepare uniform applications for licenses and license cards showing that the license has been granted and shall do any other act required to be done to protect the state and see to the enforcement of this section.

            (j) If an application is denied, the specific reasons for the denial shall be stated by the sheriff denying the application. Any person denied a license may file, in the circuit court of the county in which the application was made, a petition seeking review of the denial. The petition shall be filed within thirty days of the denial. The court shall then determine whether the applicant is entitled to the issuance of a license under the criteria set forth in this section. The applicant may be represented by counsel, but in no case may is the court be required to appoint counsel for an applicant. The final order of the court shall include the court’s findings of fact and conclusions of law. If the final order upholds the denial, the applicant may file an appeal in accordance with the Rules of Appellate Procedure of the Supreme Court of Appeals.

            (k) If a license is lost or destroyed, the person to whom the license was issued may obtain a duplicate or substitute license for a fee of $5 by filing a notarized statement with the sheriff indicating that the license has been lost or destroyed.

            (l) Whenever any person after applying for and receiving a concealed handgun license moves from the address named in the application to another county within the state, the license remains valid for the remainder of the five years: Provided, That the licensee within twenty days thereafter notifies the sheriff in the new county of residence in writing of the old and new addresses.

            (m) The sheriff shall, immediately after the license is granted as aforesaid, furnish the Superintendent of the West Virginia State Police a certified copy of the approved application. The sheriff shall furnish to the Superintendent of the West Virginia State Police at any time so requested a certified list of all licenses issued in the county. The Superintendent of the West Virginia State Police shall maintain a registry of all persons who have been issued concealed weapons licenses.

            (n) Except when subject to an exception under section six, article seven of this chapter, all licensees must shall carry with them a state-issued photo identification card with the concealed weapons license whenever the licensee is carrying a concealed weapon. Any licensee who, in violation of this subsection, fails to have in his or her possession a state-issued photo identification card and a current concealed weapons license while carrying a concealed weapon is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 or more than $200 for each offense.

            (o) The sheriff shall deny any application or revoke any existing license upon determination that any of the licensing application requirements established in this section have been violated by the licensee.

            (p) A person who is engaged in the receipt, review or in the issuance or revocation of a concealed weapon license does not incur any civil liability as the result of the lawful performance of his or her duties under this article.

            (q) Notwithstanding the provisions of subsection (a) of this section, with respect to application by a former law-enforcement officer honorably retired from agencies governed by article fourteen, chapter seven of this code; article fourteen, chapter eight of this code; article two, chapter fifteen of this code; and article seven, chapter twenty of this code, an honorably retired officer is exempt from payment of fees and costs as otherwise required by this section. All other application and background check requirements set forth in this shall be applicable to these applicants.

            (r) Except as restricted or prohibited by the provisions of this article or as otherwise prohibited by law, the issuance of a concealed weapon permit issued in accordance with the provisions of this section authorizes the holder of the permit to carry a concealed pistol or revolver on the lands or waters of this state.

            (s) Applications, permits, renewal applications, renewed permits and licensed status are confidential and not subject to disclosure under chapter twenty-nine-b of this code and may only be accessed and disclosed for law enforcement purposes.

            The Clerk then reported an amendment offered by Delegate Folk.

            Whereupon,

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

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4316, Creating the student data accessability, transparency and accountability act; on second reading, coming up in regular order, was read a second time.

            The Clerk then reported an amendment offered by Delegate Butler on page ten, line one hundred sixty-three, subdivision one, immediately following the word “beliefs”, by striking out the word “and”.

            On line one hundred sixty-four, subdivision (2), immediately following the word “beliefs”, by inserting the following: “and affiliations;

            (3) Any data collected through affective computing;

            (4) Any data concerning the sexual orientation or beliefs about sexual orientation of the student or any student’s family member; and

            (5) Any data concerning firearm’s ownership by any member of a student’s family.”

            On the adoption of the amendment, Delegate Butler demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 159), and there were--yeas 81, nays 15, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Barker, Campbell, Caputo, Diserio, Eldridge, Fleischauer, Fragale, Iaquinta, Jones, Lynch, Manypenny, Marshall, Skinner, Stephens and Swartzmiller.

            Absent and Not Voting: Barill, Ireland, Marcum and J. Nelson.

             So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.

            On motion of Delegate Butler the bill was amended on page five, following line seventy-one, immediately following subparagraph (iv), by inserting the following:

            “(B) Ensure that any inter-agency data-sharing agreements shall be posted on the Department website, and parents shall be notified of their right to opt out of sharing the child’s data pursuant to agreements.”

            And,

            By relettering the remaining paragraphs.

            On the adoption of the amendment, Delegate Butler demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 160), and there were--yeas 87, nays 10, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Caputo, Craig, Jones, Manypenny, Marcum, Marshall, Skinner, Stephens, Swartzmiller and Wells.

            Absent and Not Voting: Barill, Ireland and J. Nelson.

             So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.

            On motion of Delegate Butler, the bill was amended on page seven on line one hundred three in paragraph (A) immediately following the word “for” by striking the words “the state board to authorize access to”.

            The Clerk then reported an amendment offered by Delegate Sobonya on page six, line seventy-seven, paragraph (C) immediately following the word “public”, by striking out the words “Unless otherwise approved by the State Board.”

            And,

            On page six, line eighty-two, after the word “law”, by striking out the words “or approval of the State Board”.

            On the adoption of the amendment, Delegate Sobonya demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 161), and there were--yeas 89, nays 8, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Caputo, Fleischauer, Iaquinta, Manypenny, Marcum, Marshall, D. Poling and Swartzmiller.

            Absent and Not Voting: Barill, Ireland and J. Nelson.

             So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4327, Prohibiting health care practitioners from prescribing or administering drugs other than in a good faith, therapeutic manner; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            At 2:45 p.m., on motion of Delegate White, the House of Delegates recessed until 3:45 p.m., and reconvened at that time.

            Com. Sub. for H. B. 4333, Relating to the redirection of certain Lottery revenues to the State Excess Lottery Revenue Fund; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk on page three, section eighteen-d, line seventeen, following the words “shall be $20 million, by striking out the period and inserting a colon and the following: Provided, however, That notwithstanding any provision of subsection (a), section ten, article fifteen-a, chapter thirty-one of this code to the contrary, for the fiscal year beginning July 1, 2014, any moneys disbursed from the West Virginia Infrastructure Fund in the form of grants shall not exceed fifty percent of the total funds available for the funding of projects”, followed by a period.

            And,

            On page four, section ten-d, line twenty-eight, following the word “article” and the semicolon, by inserting a new subdivision to read as follows: “(2) Ninety percent of the amount of the distributions for transfer to the Licensed Racetrack Modernization Fund provided under subsection (b), section ten of this article”, followed by a semicolon, and by redesignating the remaining subdivision accordingly.

            Delegates Armstead, Sumner, Kump, Sobonya and Frich moved to amend the amendment on page four, line twenty-eight, section ten-d, immediately following the word “article” and the semicolon by striking out the following:

            “(2) Ninety percent of the amount of the distributions for transfer to the Licensed Racetrack Modernization Fund provided under subsection (b), section ten of this article”

            And,

            By redesignating the remaining subdivision accordingly.

            On the adoption of the amendment to the amendment, Delegate Armstead demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 162), and there were--yeas 38, nays 58, absent and not voting 4, with the yeas and absent and not voting being as follows:

            Yeas: Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Barker, Border, Butler, Cadle, Cooper, Cowles, Ellem, Ellington, D. Evans, Faircloth, Folk, Frich, Gearheart, Hamilton, Hamrick, Householder, Ireland, Kump, Lane, McCuskey, Miller, Moore, O’Neal, Overington, Pasdon, Raines, Rowan, Shott, R. Smith, Sobonya, Sumner and Westfall.

            Absent and Not Voting: Barill, Craig, Hunt and J. Nelson.

             So, a majority of the members present and voting not having voted in the affirmative, the amendment to the amendment was not adopted.

            The amendment offered by the Committee on Finance, as amended, was then adopted.

            Delegate Eldridge moved to amend the bill on page three, line five, following the word “percent” and the period, by inserting the words “The total amount of reduction shall be paid into the State Excess Lottery Revenue Fund, created by section eighteen-a, article twenty-two of this chapter.”

            On page three, by striking out all of lines six through twenty-eight and inserting in lieu of the following:

            “(b) Twenty Million dollars shall be deducted from the gross terminal income provided for in subsection (b), section ten of this article. The total amount of this deduction shall be paid into the State Excess Lottery Revenue Fund, created by section eighteen-a, article twenty-two of this chapter.”

            On page four, by striking out all of lines one through twenty-eight.

            On page five, by striking out all of lines one through twenty-eight.

            On page six, by striking out all of lines one through twenty-eight.

            On page seven, by striking out all of lines one through twenty-eight.

            And,

            On page eight, by striking out all of lines one through nine.

Which did not prevail.

            There being no further amendments, the bill was ordered to engrossment and third reading.

            Com. Sub. for H. B. 4335, Relating to a child’s right to nurse; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4346, Establishing separate standards of performance for carbon dioxide emissions; on second reading, coming up in regular order, was read a second time.

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

            Com. Sub. for H. B. 4354, Requiring the reporting and publication of all compensation, including contingent compensation, paid to lobbyists; 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. 4360, Relating to consumer credit protection; 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. 4375, West Virginia Voluntary Employee Retirement Accounts Program; 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. 4411, Allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities; on second reading, coming up in regular order, was read a second time.

            Delegates Pethtel and Manypenny moved to amend the bill on page five, section eight, line sixty-two, following the word “a”, by inserting the words “Class A”.

            On page six, section eighty, line seventy-four, following the word “those”, by inserting the words “Class A”.

            On page six, section eight, line eighty-three, by striking out the words “while the facility is allowed to lawfully receive drill cuttings or drilling waste above its permitted tonnage limits.”

            And,

            On page six, following line eighty-five, by inserting the following:

            “(4) Nothing herein shall be construed to eliminate or otherwise alter any requirement that a commercial solid waste facility first obtain a Certificate of Need, or an amendment to an existing Certificate of Need, pursuant to the provisions of section one-c, article two, chapter twenty-four of this code.”

Which did not prevail.

            The bill was then and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4416, Exempting certified professional estimator services from consumers sales tax; 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. 4432, Adopting Principle Based Reserving as the method by which life insurance company reserves are calculated; 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. 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; 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. 4449, Including proximity detection systems and cameras used on continuous mining machines and underground haulage equipment for tax credit purposes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4463, All relating to the disclosure of information on campaign contributions and spending; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Manchin, the bill was amended on page twenty-two, section eight-a, line two, by striking out the word “corporation” and inserting in lieu there of the words “covered organization”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4480, Relating to investment of the Acid Mine Drainage Fund; 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. 4492, Relating to investment of moneys by the West Virginia Investment Management Board; 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. 4496, Providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4500, Relating requirements for business registration; 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. 4501, Providing that law-enforcement officers employed as school security be allowed to carry firearms on school property under certain conditions; 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. 4510, Relating to goals for the care of foster children; 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. 4537, West Virginia CARES Act; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Perdue, the bill was amended on page thirteen, section ten, line twenty-one, by striking out subsection (d) in its entirety.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4538, Relating to the Board of Dentistry; 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. 4551, Relating to methane protections in underground mines; 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. 4552, Relating to the court of claims; 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. 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; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Boggs, the bill was amended on page one, following the enacting clause, by striking out everything after the enacting clause and inserting in lieu thereof the following:

            “That §18-7A-17, §18-7B-11, §18A-2-2 and §18A-2-6a of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

CHAPTER 18. EDUCATION.

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-17. Statement and computation of teachers’ service; qualified military service.

            (a) Under rules adopted by the retirement board, each teacher and nonteaching member shall file a detailed statement of his or her length of service as a teacher or nonteacher for which he or she claims credit. The Retirement Board shall determine what part of a year is the equivalent of a year of service. In computing the service, however, it shall credit no period of more than a month’s duration during which a member was absent without pay, nor shall it credit for more than one year of service performed in any calendar year.

            (b) For the purpose of this article, the retirement board shall grant prior service credit to members of the retirement system who were honorably discharged from active duty service in any of the Armed Forces of the United States in any period of national emergency within which a federal Selective Service Act was in effect. For purposes of this section, ‘Armed Forces’ includes Women’s Army Corps, women’s appointed volunteers for emergency service, Army Nurse Corps, SPARS, Women’s Reserve and other similar units officially parts of the military service of the United States. The military service is considered equivalent to public school teaching, and the salary equivalent for each year of that service is the actual salary of the member as a teacher for his or her first year of teaching after discharge from military service. Prior service credit for military service shall not exceed ten years for any one member, nor shall it exceed twenty-five percent of total service at the time of retirement. Notwithstanding the preceding provisions of this subsection, contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code. For purposes of this section, ‘qualified military service’ has the same meaning as in Section 414(u) of the Internal Revenue Code. The Retirement Board is authorized to determine all questions and make all decisions relating to this section and, pursuant to the authority granted to the retirement board in section one, article ten-d, chapter five of this code, may promulgate rules relating to contributions, benefits and service credit to comply with Section 414(u) of the Internal Revenue Code. No military service credit may be used in more than one retirement system administered by the Consolidated Public Retirement Board.

            (c) For service as a teacher in the employment of the federal government, or a state or territory of the United States, or a governmental subdivision of that state or territory, the retirement board shall grant credit to the member: Provided, That the member shall pay to the system twelve percent of that member’s gross salary earned during the first full year of current employment whether a member of the Teachers’ Retirement System or the Teachers’ Defined Contribution Retirement System, times the number of years for which credit is granted, plus interest at a rate to be determined by the retirement board. The interest shall be deposited in the reserve fund and service credit granted at the time of retirement shall not exceed the lesser of ten years or fifty percent of the member’s total service as a teacher in West Virginia. Any purchase of out-of-state service, as provided in this article, shall not be used to establish eligibility for a retirement allowance and the retirement board shall grant credit for the purchased service as additional service only: Provided, however, That a purchase of out-of-state service is prohibited if the service is used to obtain a retirement benefit from another retirement system: Provided further, That salaries paid to members for service prior to entrance into the retirement system shall not be used to compute the average final salary of the member under the retirement system.

            (d) No members shall be considered absent from service while serving as a member or employee of the Legislature of the State of West Virginia during any duly constituted session of that body, or while serving as an elected member of a county commission or any other appointed or elected part-time public office during any duly constituted session of that body.

            (e) No member shall be considered absent from service as a teacher or nonteacher while serving as an officer with a statewide professional teaching association, or who has served in that capacity, and no retirant, who served in that capacity while a member, shall be considered to have been absent from service as a teacher by reason of that service: Provided, That the period of service credit granted for that service shall not exceed ten years: Provided, however, That a member or retirant who is serving or has served as an officer of a statewide professional teaching association shall make deposits to the Teachers Retirement System, for the time of any absence, in an amount double the amount which he or she would have contributed in his or her regular assignment for a like period of time.

            (f) The Teachers Retirement System shall grant service credit to any former or present member of the West Virginia Public Employees Retirement System who has been a contributing member of the Teachers’ Retirement System for more than three years, for service previously credited by the Public Employees Retirement System upon his or her written request and: (1) Shall require the transfer of the member’s Public Employees Retirement System accumulated contributions to the Teachers Retirement System; or (2) shall require a repayment of the amount withdrawn from the Public Employees Retirement System, plus interest at a rate to be determined by the retirement board, compounded annually from the date of withdrawal to the date of payment, any time prior to the member’s effective retirement date: Provided, That there shall be added by the member to the amounts transferred or repaid under this subsection an amount which shall be sufficient to equal the contributions he or she would have made had the member been under the Teachers Retirement System during the period of his or her membership in the Public Employees Retirement System. All interest paid or transferred shall be deposited in the reserve fund.

            (g) For service as a teacher in an elementary or secondary parochial school, located within this state and fully accredited by the West Virginia Department of Education, the retirement board shall grant credit to the member: Provided, That the member shall pay to the system twelve percent of that member’s gross salary earned during the first full year of current employment whether a member of the Teachers’ Retirement System or the Teachers’ Defined Contribution Retirement System, times the number of years for which credit is granted, plus interest at a rate to be determined by the retirement board. The interest shall be deposited in the reserve fund and service granted at the time of retirement shall not exceed the lesser of ten years or fifty percent of the member’s total service as a teacher in the West Virginia public school system. Any transfer of parochial school service, as provided in this section, may not be used to establish eligibility for a retirement allowance and retirement board shall grant credit for the transfer as additional service only: Provided, however, That a transfer of parochial school service is prohibited if the service is used to obtain a retirement benefit from another retirement system.

            (h) Active members who previously worked in CETA (Comprehensive Employment and Training Act) may receive service credit for time served in that capacity: Provided, That in order to receive service credit under the provisions of this subsection the following conditions must be met: (1) The member must have moved from temporary employment with the participating employer to permanent full-time employment with the participating employer within one hundred twenty days following the termination of the member’s CETA employment; (2)the retirement board must receive evidence that establishes to a reasonable degree of certainty as determined by the retirement board that the member previously worked in CETA; and (3) the member shall pay to the retirement board an amount equal to the employer and employee contribution plus interest at the amount set by the retirement board for the amount of service credit sought pursuant to this subsection: Provided, however, That the maximum service credit that may be obtained under the provisions of this subsection is two years: Provided further, That a member must apply and pay for the service credit allowed under this subsection and provide all necessary documentation by March 31, 2003: And provided further, That the retirement board shall exercise due diligence to notify affected employees of the provisions of this subsection.

            (I) If a member is not eligible for prior service credit or pension as provided in this article, then his or her prior service shall not be considered a part of his or her total service.

            (j) A member who withdrew from membership may regain his or her former membership rights as specified in section thirteen of this article only in case he or she has served two years since his or her last withdrawal.

            (k) Subject to the provisions of subsections (a) through (l), inclusive, of this section, the retirement board shall verify as soon as practicable the statements of service submitted. The retirement board shall issue prior service certificates to all persons eligible for the certificates under the provisions of this article. The certificates shall state the length of the prior service credit, but in no case shall the prior service credit exceed forty years.

            (l) Notwithstanding any provision of this article to the contrary, when a member is or has been elected to serve as a member of the Legislature or any elected or appointed part-time public office, and the proper discharge of his or her duties of public office require that member to be absent from his or her teaching or administrative duties, the time served in discharge of his or her duties of the legislative office are credited as time served for purposes of computing service credit: Provided, That the retirement board may not require any additional contributions from that member in order for the retirement board to credit him or her with the contributing service credit earned while discharging official legislative duties: Provided, however, That nothing in this section may be construed to relieve the employer from making the employer contribution at the member’s regular salary rate or rate of pay from that employer on the contributing service credit earned while the member is discharging his or her official legislative duties. These employer payments shall commence as of June 1, 2000: Provided further, That any member to which the provisions of this subsection apply may elect to pay to the retirement board an amount equal to what his or her contribution would have been for those periods of time he or she was serving in the public office Legislature. The periods of time upon which the member paid his or her contribution shall then be included for purposes of determining his or her final average salary as well as for determining years of service: And provided further, That a member using the provisions of this subsection is not required to pay interest on any contributions he or she may decide to make.

            (m) The Teachers Retirement System shall grant service credit to any former member of the State Police Death, Disability and Retirement System who has been a contributing member for more than three years, for service previously credited by the State Police Death, Disability and Retirement System; and: (1) Shall require the transfer of the member’s contributions to the Teachers Retirement System; or (2) shall require a repayment of the amount withdrawn any time prior to the member’s retirement: Provided, That the member shall add to the amounts transferred or repaid under this paragraph an amount which is sufficient to equal the contributions he or she would have made had the member been under the Teachers Retirement System during the period of his or her membership in the State Police Death, Disability and Retirement System plus interest at a rate to be determined by the retirement board compounded annually from the date of withdrawal to the date of payment. The interest paid shall be deposited in the reserve fund.

ARTICLE 7B. TEACHERS’ DEFINED CONTRIBUTION RETIREMENT SYSTEM.

§18-7B-11. Termination of membership.

            (a) Any member whose employment with a participating employer terminates after the completion of six complete years of employment service is eligible to terminate his or her annuity account and receive a distribution from the member’s annuity account, in an amount equal to the member’s contribution plus one third of the employer contributions and any earnings thereon. Any member whose employment with a participating employer terminates after the completion of nine complete years of employment service is eligible to terminate his or her annuity account and receive a distribution from the member’s annuity account, in an amount equal to the member’s contribution plus two thirds of the employer’s contributions and any earnings thereon. Any member whose employment with a participating employer terminates after the completion of twelve complete years of employment service is eligible to terminate his or her annuity account and receive a distribution of all funds contributed and accumulated in his or her annuity account. Any member whose employment with a participating employer terminates prior to the completion of six complete years of employment service is eligible to terminate his or her annuity account and receive a distribution from the member’s annuity account, in an amount equal to the member’s contribution plus any earnings thereon: Provided, That on the death or permanent, total disability of any member, that member is eligible to terminate his or her annuity account and receive all funds contributed to or accumulated in his or her annuity account.

            (b)(1) Upon termination of employment, regardless of whether the member has taken a distribution of all or a portion of his or her vested account, the remaining balance, if any, in the member’s employer account that is not vested shall be remitted and paid into a suspension account to be administered by the board. The Board shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code regarding the distribution of any balance in the special account created by this section: Provided, That any funds in the account shall be used solely for the purpose of reducing employer contributions in future years.

            (2) Any account balances remitted to the suspension account herein shall be maintained by the board in the suspension account in the name of the terminated employee for a period of five years following the member’s termination of employment. For each terminated employee at the culmination of the five-year period, the board shall certify in writing to each contributing employer the amount of the account balance plus earnings thereon attributable to each separate contributing employer’s previously terminated employee’s account which has been irrevocably forfeited due to the elapse of a five-year period since termination pursuant to section sixteen of this article.

            (c) Upon certification to the several contributing employers of the aggregate account balances plus earnings thereon which have been irrevocably forfeited pursuant to this section, the several contributing employers shall be permitted in the next succeeding fiscal year or years to reduce their total aggregate contribution requirements pursuant to section seventeen of this article, for the then current fiscal year by an amount equal to the aggregate amounts irrevocably forfeited and certified as such to each contributing employer: Provided, That should the participating employer no longer be contributing to the Defined Contribution System, any funds in the account shall be paid directly to the employer.

            (d) Upon the use of the amounts irrevocably forfeited to any contributing employer as a reduction in the then current fiscal year contribution obligation and upon notification provided by the several contributing employers to the board of their intention to use irrevocably forfeited amounts, the board shall direct the distribution of the irrevocably forfeited amounts from the suspension account to be deposited on behalf of the contributing employer to the member annuity accounts of its then current employees pursuant to section seventeen of this article: Provided, That notwithstanding any provision of this article to the contrary, when a member is or has been elected to serve as a member of the Legislature, or has been elected or appointed to any other part-time public office, and the proper discharge of his or her duties of public office requires that member to be absent from his or her teaching, nonteaching or administrative duties, the time served in discharge of his or her duties of the legislative office are credited as time served for purposes of computing service credit, regardless when this time was served: Provided, however, That the board may not require any additional contributions from that member in order for the board to credit him or her with the contributing service credit earned while discharging official legislative duties: Provided further, That nothing herein may be construed to relieve the employer from making the employer contribution at the member’s regular salary rate or rate of pay from that employer on the contributing service credit earned while the member is discharging his or her official legislative duties. These employer payments shall commence as of July 1, 2003: And provided further, That any member to which the provisions of this subsection apply may elect to pay to the board an amount equal to what his or her contribution would have been for those periods of time he or she was serving in the Legislature or any other appointed or elected public office.

CHAPTER 18A. SCHOOL PERSONNEL

            The bill was then ordered to engrossment and third reading.

            H. B. 4588, Protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks; on second reading, coming up in regular order, was read a second time.

            An amendment by Delegates Perry, Marcum and Ellem was reported by the Clerk, on page fourteen, section six, line five, after the word “year”, by inserting the words “nor more than five years” and a period.

            On the adoption of the amendment, Delegate Perry demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 163), and there were--yeas 82, nays 15, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Barrett, Caputo, Diserio, Fleischauer, Guthrie, Iaquinta, Lawrence, Lynch, Marshall, Morgan, Perdue, Pethtel, Poore, Skinner and Wells.

            Absent and Not Voting: Barill, Craig and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.

            The bill was then ordered to engrossment and third reading.

            Delegate White moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.

            On this question, the yeas and nays were taken (Roll No. 164), and there were--yeas 87, nays 10, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Barrett, Fleischauer, Fragale, Guthrie, Iaquinta, Lawrence, Manypenny, Morgan, Skinner and Wells.

            Absent and Not Voting: Barill, Craig and J. Nelson.

            So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.

            The Clerk then read the bill a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 165), and there were--yeas 79, nays 17, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Barrett, Caputo, Fleischauer, Guthrie, Hunt, Lawrence, Manypenny, Marshall, Moore, Morgan, Perdue, Pethtel, M. Poling, Poore, Skinner, Sponaugle and Wells.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4588) 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. 4601, Relating to fiscal management and regulation of publicly-owned utilities; 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. 4608, Establishing and requiring a uniform definition of dyslexia; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4619, Authorizing innovation school districts; on second reading, coming up in regular order, was read a second time.

            On motion of Delegates M. Poling and Perry, the bill was amended on page two, following the enacting clause, by striking out the enacting section and inserting in lieu thereof a new enacting section to read as follows:

            “That §18-5B-3 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be further amended by adding thereto a new section, designated §18-5B-13, all to read as follows” and a colon.

            And,

            On page two following the article heading, by inserting section §18-5B-3 as amended to read as follows:

§18-5B-3. School innovation zones; application for designation; state board rule.

            (a) A school, a group of schools, a subdivision or department of a group of schools, or a subdivision or department of a school may be designated as an innovation zone in accordance with this article.

            (b) The state board shall promulgate a rule, including an emergency rule if necessary, in accordance with article three-b, chapter twenty-nine-a of this code to implement the provisions of this article. The rule shall include provisions for at least the following:

            (1) A process for a school, a group of schools, a subdivision or department of a group of schools or a subdivision or department of a school to apply for designation as an innovation zone that encompasses at least the following:

            (A) The manner, time and process for the submission of an innovation zone application;

            (B) The contents of the application, which must include a general description of the innovations the school or schools seek to institute and an estimation of the employees who may be affected by the implementation of the innovations; and

            (C) Factors to be considered by the state board when evaluating an application, which shall include, but are not limited to, the following factors:

            (I) The level of staff commitment to apply for designation as an innovation zone as determined by a vote by secret ballot at a special meeting of employees eligible to vote on the plan, as provided in section six of this article;

            (ii) Support from parents, students, the county board of education, the local school improvement council and school business partners; and

            (iii) The potential for an applicant to be successful as an innovation zone; and

            (2) Standards for the state board to review applications for designation as innovation zones and to make determinations on the designation of innovation zones.

            (c) The state board shall review innovation zone applications in accordance with the standards adopted by the board and shall determine whether to designate the applicant as an innovation zone. The state board shall notify an applicant of the board’s determination within sixty days of receipt of an innovation zone application.

            When initially designating innovation zones after the enactment of this article by the first extraordinary session of the 2009 Legislature, the state board shall consider applicants for designation in the following order: (1) A school and groups of schools; (2) a group of schools seeking designation across the same subdivision or department of the schools; and (3) a school seeking designation of a subdivision or a department.

            (d) When designating innovation zones under these provisions following the amendment and reenactment of this section by the Legislature at its regular session 2014, and for each of the four succeeding school years, the state board shall establish a priority for applications that include the establishment of entrepreneurship education programs as a curricular offering for students. To qualify under this priority, the program strategy must include the active involvement of one or more partners from the business community in program delivery.

            The bill was then ordered to engrossment and third reading.

            H. B. 4620, Relating to protection of consumers from price gouging and unfair trade practices; 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. 4005, Relating to criminal offenses for child neglect; having been postponed in earlier proceedings, was, on motion of Delegate White, taken up for further consideration.

            The bill was then read a second time and ordered to engrossment and third reading.

Leaves of Absence

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

Miscellaneous Business

            Delegate Skinner asked and obtained unanimous consent that the remarks of Delegate Poore regarding H. B. 4588, Protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks, be printed in the Appendix to the Journal.

            Delegate Westfall asked and obtained unanimous consent that the remarks of Delegates McCuskey and R. Smith regarding Com. Sub. for H. B. 4001, Government Fraud Prevention Act, be printed in the Appendix to the Journal.

            Delegate Howell then asked and obtained unanimous consent that all remarks regarding Com. Sub. for H. B. 4001, Government Fraud Prevention Act, be printed in the Appendix to the Journal.

            At 7:14 p.m., the House of Delegates adjourned until 10:00 a.m., Wednesday, February 26, 2014.

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