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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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__________*__________



 

Wednesday, February 26, 2014

FIFTIETH DAY

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

 

 

            The House of Delegates met at 10:00 a.m., and was called to order by the Honorable Timothy R. Miley, Speaker.

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

            The Clerk proceeded to read the Journal of Tuesday, February 25, 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

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

            Your Committee on Rules has had under consideration:

            H. C. R. 101, The Historic Blue-Gray Highway,

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

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

            Your Committee on Rules has had under consideration:

            H. C. R. 39, Army LTC Robert “Bob” Marslender Bridge,

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

            Com. Sub. for H. C. R. 39 - “Requesting the Division of Highways to name Upper Omar bridge, bridge number 23-44-8.62 (23A108), carrying WV Route 44 over Island Creek in Omar, Logan County, as the ‘U.S. Army LTC Robert “Bob” Marslender Bridge’,”

            H. C. R. 47, Army SFC Michael Joe “Joey” Marushia Memorial Bridge,

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

            Com. Sub. for H. C. R. 47 - “Requesting the Division of Highways to name bridge number 24-7/13-0.02 (24A358), crossing Tug Fork on Route 7 in Marytown, McDowell County, as the ‘U.S. Army SFC Michael Joe “Joey” Marushia Memorial Bridge’,”

            H. C. R. 48, Corporal Tracy Thurman Walls Memorial Bridge,

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

            Com. Sub. for H. C. R. 48 – “Requesting the Division of Highways to name bridge number 24-80-11.10 (24A161) on Route 80 within the city limits of Iaeger near the Auvil railroad yard in McDowell County, the ‘U.S. Army Corporal Tracy Thurman Walls Memorial Bridge’,”

            And,

            H. C. R. 71, Army Private William C. Bias Memorial Bridge,

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

            H. C. R. 71 – “Requesting that Turnpike bridge number 20-77-86.57 (20A619), on I-77, crossing over County Route 77/1, and known as the Fields Creek Bridge, near Chelyan, West Virginia, be named the ‘U.S. Army Private William C. Bias Memorial Bridge’,”

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

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

            Your Committee on Rules has had under consideration:

            Com. Sub. for S. C. R. 1, Requesting DOH name Becky's Creek Bridge, Randolph County, “U. S. Army Sgt. Cecil W. Kittle, Jr., Memorial Bridge”,

            And reports the same back, with amendment, with the recommendation that it be adopted, as amended.

Messages from the Senate

            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. 202 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §31F-1-101, §31F-1-102, §31F-1-103, §31F-2-201, §31F-2-202, §31F-2-203, §31F-3-301, §31F-4-401, §31F-4-402, §31F-4-403 and §31F-5-501, all relating to authorizing a corporation to elect to be a benefit corporation; authorizing a corporation to amend its articles of incorporation to include a statement that the corporation is a benefit corporation; authorizing a corporation to terminate status as a benefit corporation; authorizing the articles of a benefit corporation to identify as one of the purposes of the benefit corporation the creation of specific public benefits; establishing that a director shall not have a duty to a certain person; providing that a director shall have immunity from liability under certain circumstances; requiring a benefit corporation to deliver to each stockholder an annual report; defining terms; and generally relating to benefit corporations”; 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. 254 - “A Bill to amend and reenact §19-33-1 and §19-33-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-33-6, all relating to equine facilities; defining equine “boarding facility”; establishing standards for equine boarding facilities and contracts; and requiring rulemaking for equine facilities”; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 317 - “A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-12-5a of said code, all relating to municipal firearm laws; repealing firearm provisions in the Municipal Home Rule Pilot Program; prohibiting ordinances from being enacted under the Municipal Home Rule Pilot Program that restrict the sale or carry of a firearm; and repealing the grandfather clause excepting certain municipal ordinances limiting the purchase, possession, transfer, ownership, carrying, transporting, selling or storing of guns or ammunition from the general provision prohibiting such ordinances”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

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

            Com. Sub. for S. B. 378 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-6-11; and to amend and reenact §17C-15-26 of said code, all relating to speed limitations and lamps on certain motor vehicles; directing that no person shall drive a motor vehicle and meet or overtake from either direction a stopped waste service vehicle at a speed in excess of fifteen miles per hour under certain circumstances; defining “waste service vehicle”; setting forth situations in which the special speed limit applies; providing penalties, including fines and incarceration; and permitting service vehicles to be equipped with special lights”; 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. 379 - “A Bill to amend and reenact §7-7-3, §7-7-4 and §7-7-6b of the Code of West Virginia, 1931, as amended, all relating to counties; reclassifying counties from ten classes to five classes; increasing the salaries of county commissioners and elected county officials; clarifying that the salary increases for county commissioners and elected county officials take effect with the new term of office; authorizing an automatic salary increase every two years; clarifying that the automatic salary increases only take effect with the new term of office; providing that the State Auditor shall not be held liable for relying upon information and data provided by a county commission in certifying a county’s annual budget; and clarifying assessors’ additional compensation classifications”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

             Com. Sub. for S. B. 409 - “A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-9A-7 of said code; to amend and reenact §18A-3-1 and §18A-3-2a of said code; to amend said code by adding thereto two new sections, designated §18A-3-1e and §18A-3-1f; to amend and reenact §18B-1D-4 of said code; and to amend and reenact §18B-3C-4 of said code, all relating to education reform; modifying time frame for county and school strategic plans; modifying provisions pertaining to school system accreditation to more align with provisions pertaining to school accreditation; adding propane as an alternative fuel that will increase the foundation allowance for transportation cost; requiring that a teacher with a valid West Virginia teaching certificate be awarded certification to teach in an additional area of certification upon submission of a passing score on a certain test; providing for critical need alternative teaching certificates valid for the purposes of allowing the holder to teach in subject areas, public schools or geographic areas of the state in which the state board determines that critical teacher shortages exist; setting forth certificate eligibility requirements; providing for training, support and evaluation of certificate holder; setting forth requirements for renewing certificate and for conversion to an initial professional teaching certificate; providing for recommendation as to whether or not a professional certificate should be issued; modifying requirements for professional teaching certificate; adding duties for the Higher Education Policy Commission and the Council for Community and Technical College Education that pertain to creating a more seamless transfer process and making it easier for students to finish a degree program when transferring credit; requiring community and technical college/career and technical education consortia to implement a minimum of one advanced career program of study and each public education career-technical center and each comprehensive high school within the consortium to implement a minimum of one of the advanced career programs identified by the consortium; and charging district consortia, for newly created community and technical college career technical programs, with developing or utilizing an existing corresponding program of study career pathway at the secondary school level that provides a seamless progression from public schools to community and technical college”; which was referred to the Committee on Education.

            A message from the Senate, by

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

            Com. Sub. for S. B. 419 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2 and §16-46-3, all relating to creating the Overdose Prevention Act; stating legislative findings; defining terms; providing immunity from citation, arrest or prosecution of certain offenses for certain persons who seek appropriate medical attention upon an overdose of drugs or alcohol; prohibiting seeking appropriate medical attention from constituting a violation of a condition of pretrial release, probation, furlough or parole; requiring certain action from persons seeking appropriate medical attention; providing that seeking medical attention is a mitigating factor at sentencing of any offense arising from the request for medical attention; allowing persons to plead guilty to certain exempted offenses if desired; providing certain exceptions to immunity for evidence found from an independent source; and providing immunity to law-enforcement officers who cite or arrest a person who receives immunity under this section unless the officer acted recklessly or intentionally”; 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. 432 - “A Bill to amend and reenact §11-1C-5b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-2, §18-9A-2a and §18-9A-11 of said code, all relating to calculating local share; changing the deadline for Tax Commissioner to report the total assessed values to the State Board of Education; delaying use of assessment ratio study for calculating local share until the second consecutive year, and consecutive years thereafter, that assessments are below sixty percent of market value including the ten-percent variance; creating assumption that all property in a county is assessed at sixty percent for the purpose of determining whether to use the sales ratio analysis in the calculation of local share when a valid sales ratio analysis cannot be obtained due to a lack of arm’s-length sales of property in a county; allowing Tax Commissioner to waive the use of the sales ratio analysis for calculating local share upon a showing by the assessor of that county that the preliminary sales ratio for the next succeeding year would meet the minimum ratio; delaying the increase in the percent of local levy rate for county boards of education used for calculating local share until the second consecutive year, and consecutive years thereafter, that assessments are below sixty percent of market value including the ten-percent variance; clarifying language pertaining to the amount that assumed assessed values is to be added to for the purpose of calculating local share; and requiring the state to use the most recent projections or estimations that may be available from the Tax Department for any estimation or preliminary computations of local share required prior to the report to the state board by the Tax Commissioner”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 439 - “A Bill to amend and reenact §7-22-9 and §7-22-15 of the Code of West Virginia, 1931, as amended, all relating to permitting the Ohio county commission to levy a special district excise tax; increasing the Fort Henry economic opportunity development project district from three hundred to five hundred contiguous acres of land; specifying that the Fort Henry Economic Opportunity Development District shall not be abolished until the year 2044, unless sooner abolished by the county commission after notice of public hearing; specifying that any district for which legislative authorization of the county commission to levy special district excise taxes was enacted after December 31, 2013, shall cease to exist and be abolished by operation of law on December 31 of the thirtieth calendar year subsequent to the year of enactment of such legislative authorization to levy special district excise taxes in the district; specifying that any district for which legislative authorization of the county commission to levy special district excise taxes was enacted prior to December 31, 2013, shall cease to exist and be abolished by operation of law on December 31 of the thirtieth calendar year subsequent to the initial year of enactment of such legislative authorization to levy special district excise taxes in the district, if an amendment to the district boundary, size or acreage is authorized, or other amendment relating to the district is authorized, after December 31, 2013; specifying that special district excise tax may not be levied, imposed or collected in or from an abolished district or from or on any business located therein or on any transaction occurring therein after the cessation and abolishment of the district; specifying that nothing in this code shall not be interpreted to abrogate or hinder the authority of the Tax Commissioner to collect, receive, process or administer any special district excise tax accrued, due or payable for any tax period prior to the cessation and abolishment of the district, or to audit and issue assessments of tax, interest, additions to tax and penalties for the collection, remittance and enforcement thereof; specifying that upon cessation and abolishment of a district, the consumers sales and service tax and use tax and municipal consumers sales and service tax and use tax, if applicable, shall be imposed, collected, levied and remitted, as provided by law for sales and uses in the previously authorized district; and providing definitions”; 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. 455 - “A Bill to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as amended, relating to creation of the West Virginia Move to Improve Act; establishing legislative findings; providing for integration of an average of thirty minutes of moderate to vigorous physical activity in school day; setting minimum amount of moderate to vigorous physical exercise in physical education classes; defining terms; requiring alternate programs to be submitted to the county board for approval; removing expired requirements; requiring accountability for the physical education and physical activity required herein; requiring provision of adequate professional development and training on physical activity integration; and requiring collaboration with teachers and administrators when developing any rule pursuant to this act”; which was referred to the Committee on Health and Human Resources then Education.

            A message from the Senate, by

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

            Com. Sub. for S. B. 499 - “A Bill to repeal §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-6-2 and §12-6-11 of said code, all relating to investment of moneys by the West Virginia Investment Management Board; modifying the definition of the term “securities”; imposing the prudent investor standard of care set forth in the West Virginia Uniform Prudent Investor Act as the primary standard of care for the trustees of the West Virginia Investment Management Board; removing certain restrictions on investments by the Investment Management Board; and restating certain restrictions on investments by the West Virginia Investment Management Board.”

            At the respective requests of Delegate White, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 499) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

            A message from the Senate, by

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

            Com. Sub. for S. B. 504 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §14-1A-1, §14-1A-2, §14-1A-3, §14-1A-4, §14-1A-5, §14-1A-6 and §14-1A-7, all relating to creating the Debt Resolution Services Division within the Auditor’s Office; establishing the powers and duties of the division; providing rule-making authority to the Auditor; authorizing transaction fees; requiring state spending units to use the division; exceptions; creating the Debt Resolution Services Fund; and authorizing expenditures from the fund”; which was referred to the Committee on Government Organization 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. 523 - “A Bill to amend and reenact §9A-1-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-1B-1, §16-1B-2 and §16-1B-3 of said code; to amend and reenact §16-29A-3 and §16-29A-7 of said code; to amend and reenact §19-1-4 of said code; and to amend and reenact §29-22-9a of said code, all relating to construction of an additional state veterans’ skilled nursing facility; authorizing Veterans Facilities Support Fund expenditures; authorizing the issuance of bonds by the Hospital Finance Authority; authorizing the Secretary of the Department of Veterans’ Assistance and the Commissioner of the Department of Agriculture to enter into agreement to transfer certain property; and authorizing expenditures from the Veterans Lottery Fund, the Veterans Nursing Homes Building Fund and the Veterans Nursing Homes Debt Service Fund”; which was referred to the Committee on Veterans’ Affairs and Homeland Security then Finance.

             A message from the Senate, by

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

            S. B. 533 - “A Bill to amend and reenact §19-14-1, §19-14-2, §19-14-5 and §19-14-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-14-16, all relating to commercial feed; revising definitions; updating certain provisions; adding a small producer category; clarifying fees and penalties are set by rule; and permitting emergency and legislative rules”; 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. 541 - “A Bill to amend and reenact §55-3A-1 of the Code of West Virginia, 1931, as amended, relating to remedies for wrongful occupation of residential rental property; defining ‘agent of the owner’; and providing certain rights to tenants who have the authority to sublet their leased premises”; 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. 552 - “A Bill to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for illegally transporting Schedule I and II narcotic controlled substances into the state by making the penalty a determinate sentence of not more than fifteen years; and exempting from coverage of the statute certain methamphetamine precursors”; 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. 553 - “A Bill to amend and reenact §3-5-24 of the Code of West Virginia, 1931, as amended, relating to certificates of nomination for elected office; stating filing deadlines for certificates of nomination; declaring location where certificates of nomination must be filed; clarifying with whom the certificates are filed and to whom the fees are to be paid; and prohibiting untimely filings or untimely fee payment”; 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. 570 - “A Bill to amend and reenact §31B-10-1003 of the Code of West Virginia, 1931, as amended; to amend and reenact §31D-15-1501 of said code; to amend and reenact §31E-14-1401 of said code; to amend said code by adding thereto a new section, designated §47-9-64; and to amend said code by adding thereto a new section, designated §47B-10-6, all relating to making exemptions from obtaining certificates of authority from the Secretary of State for certain foreign corporations, companies and partnerships the same as for corporations in this state; and making language consistent with state corporation language as to when the named foreign businesses are or are not considered to be doing business in this state”; which was referred to the Committee on Small Business, Entrepreneurship and Economic Development then the Judiciary.

             A message from the Senate, by

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

            Com. Sub. for S. B. 574 - “A Bill to amend and reenact §11-5-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-3-12b of said code, all relating to cancelling certificates of title for certain mobile and manufactured homes; clarifying that a mobile home permanently attached to the real estate by the owner may not be classified as personal property if the owner has filed a canceled certificate of title with the clerk of the county commission and the clerk has recorded the canceled certificate of title; and providing a procedure for returning a canceled title to an owner or lienholder”; 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. 579 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-18E-1, §31-18E-2, §31-18E-3, §31-18E-4, §31-18E-5, §31-18E-6, §31-18E-7, §31-18E-8, §31-18E-9, §31-18E-10, §31-18E-11, §31-18E-12, §31-18E-13, §31-18E-14, §31-18E-15, §31-18E-16, §31-18E-17 and §31-18E-18, all relating to improving housing development and land use; authorizing creation of a land trust by West Virginia municipalities, counties or a combination thereof; stating legislative findings; defining terms; providing requirements for the permissive creation and operation of land trust entities; detailing certain requirements for a land trust board and staff; requiring certain terms of the land trust be set forth; providing certain immunity to land trust jurisdictions; setting forth powers and limitations of land trust entities; explicitly stating that land trust entities do not have the power of eminent domain; detailing criteria for acquisition and disposition of property by land trust entities; authorizing certain land trust-related property as exempt from property tax; stating land trust funding sources; stating requirements and constraints on disposition of property; detailing potential financing of land trust operations; permitting special allocation of certain property taxes in certain situations; authorizing the issuance of certain bonds; requiring land trust entities to follow open meetings and freedom of information requirements; providing a process for dissolution of land trusts; requiring the Ethics Act to apply to land trust employees and board members; providing for expedited quiet of title proceedings in circuit court; providing for liberal construction of the article; and requiring an annual audit and report of all land trusts”; 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. 602 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4 and §16-1C-5, all relating generally to requiring health care providers to wear identification badges; providing definitions; establishing identification badge requirement; setting forth exemptions; providing for applicability; and granting rule-making authority”; which was referred to the Committee on Health and Human Resources.

            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. 616 - “A Bill to amend and reenact §5B-2F-2 of the Code of West Virginia, 1931, as amended, relating to creating the Energy Development Fund; allowing the Division of Energy to accept and use gifts, donations and contributions; and authorizing expenditures”; which was referred to the Committee on Energy 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. 628 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4 and §16-46-5, all relating to the Healthy Children and Healthy Communities Act; providing short title; providing legislative findings and purpose; defining terms; permitting the Bureau for Public Health to consult with Division of Highways and municipal governments; providing options and opportunities for development of healthy communities; encouraging physical activity and physical education; and requiring that governmental entities consider collaborative agreements and submit reports”; which was referred to the Committee on Health and Human Resources then Finance.

            A message from the Senate, by

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

            S. B. 631 - “A Bill to extend the time for the city council of the Town of Fayetteville, Fayette County, to meet as a levying body for the purpose of presenting to the voters of the city an election to supplement current funds for the laying, repair and maintenance of the streets and sidewalks, and for the purpose of paying all costs incurred in the laying of this additional levy from between March 7 and March 28 and the third Tuesday in April until May 31, 2014”; which was referred to the Committee on Political Subdivisions then Finance.

            A message from the Senate, by

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

            Com. Sub. for S. C. R. 36 - “Requesting the Division of Highways to name the portion of Route 25, from its intersection at West 11th Street to its intersection at Republic Way, in Kanawha County, West Virginia, the “U. S. Army Sgt. James Lawrence Taylor Memorial Road”.

            Whereas, Sergeant James Lawrence Taylor was born on June 9, 1943, the son of Monte and Ruth Taylor of Nitro, and brother of Monte, Jr., Kent, Jerry and David; and

            Whereas, Sergeant James Lawrence Taylor attended Nitro High School, but left in 1960 before graduating to enlist in the Army, serving in Germany and Vietnam; and

            Whereas, While in Vietnam, Sergeant James Lawrence Taylor was a member of the 5th Mobile Strike Force Command, Detachment A-503, known as the Green Berets; and

            Whereas, On March 9, 1966, Sergeant James Lawrence Taylor was on a special mission to reinforce a special force detachment located at Camp A Shau in South Vietnam when Camp A Shau came under attack by Viet Cong; and

            Whereas, Sergeant James Lawrence Taylor assumed command when the company commander was killed by enemy fire; and

            Whereas, Sergeant James Lawrence Taylor was injured by Viet Cong rifle fire, and he was carried out of Camp A Shau when troops were forced to abandon the evacuation; and

            Whereas, Sergeant James Lawrence Taylor’s body was never recovered, and he was presumed dead by the military; and

            Whereas, Sergeant James Lawrence Taylor was awarded the Purple Heart medal posthumously and the Award of the Silver Star posthumously in 1966; and

            Whereas, It is only fitting and proper that this stretch of road, in the county of his birth and the area in which he lived all his young life, be named in his honor so that Sergeant James Lawrence Taylor’s supreme sacrifice will be memorialized and not forgotten; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the portion of Route 25, from its intersection at West 11th Street to its intersection at Republic Way, in Kanawha County, West Virginia, the “U. S. Army Sgt. James Lawrence Taylor Memorial Road”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to make two signs that state, in bold and prominent lettering, the “U. S. Army Sgt. James Lawrence Taylor Memorial Road” and to erect these signs on either side of that stretch of road; 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 the family of Sergeant James Lawrence Taylor.

            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. 37 - “Requesting the Division of Highways to name a stretch of road beginning at Route 10 and the Logan and Lincoln county line, going one mile into Logan, the ‘USMC Lance Corporal Larry G. Williamson Memorial Highway’.”

            Whereas, Lance Corporal Larry G. Williamson was born on February 9, 1947, in Lincoln County, to John B. and Georgia Napier Williamson. He had three sisters, Patty Egnor, Peggy Perry (deceased) and Robin Williamson. Larry attended Harts High School, played varsity basketball, was on the school newspaper and was secretary/treasurer of his senior class. He graduated in 1964 and attended Marshall University’s Logan branch for two years. On September 9, 1967, at the age of twenty, Larry married Wanda Brumfield and moved to Columbus, Ohio, where he became manager of car parts and tires at a Firestone Automotive Center; and

            Whereas, In January, 1969, Larry was drafted from West Virginia. While on a bus taking him for Army training, he was among the draftees separated and reassigned to the Marines. He received basic training at Camp Pendleton, California, and after a brief visit home was ordered to Vietnam and assigned to the 5th Marine Division. He soon received a promotion to Lance Corporal. In Vietnam, Larry was assigned as a squad leader in the First Platoon of Company G. On March 11, 1970, the squad was acting as a blocking force and was located approximately two miles northeast of An Hoa Combat Base in Quang Nam Province. Lance Corporal Larry G. Williamson was killed when a well-concealed explosive device detonated. A squad corpsman rushed to his aid but death had been instantaneous. Lance Corporal Larry G. Williamson received a Purple Heart, Rifle Sharpshooter, National Defense, Republic of Vietnam Service, Chien Dich Vietnam Medal and Boi-Tinh 1960 Medals; and

            Whereas, Lance Corporal Larry G. Williamson made the ultimate sacrifice for his country and in doing so represented West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed. Naming that stretch of road in Logan County the “USMC Lance Corporal Larry G. Williamson Memorial Highway” is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name a stretch of road beginning at Route 10 and the Logan and Lincoln county line, going one mile into Logan, the “USMC Lance Corporal Larry G. Williamson Memorial Highway”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the one-mile stretch of road beginning at Route 10 and the Logan and Lincoln county line, going one mile into Logan, containing bold and prominent letters proclaiming the stretch of road the “USMC Lance Corporal Larry G. Williamson Memorial Highway”; 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 the family of Lance Corporal Larry G. Williamson.

            A message from the Senate, by

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

            S. C. R. 40 - “Requesting the Division of Highways to name County Route 13/03, known as Joe’s Creek Road, in Sumerco, Lincoln County, as the ‘Army PFC John E. Runyan Memorial Road’.”

            Whereas, Army PFC John E. Runyan was born in Sumerco, Lincoln County, on August 22, 1922; and

            Whereas, Army PFC John E. Runyan was drafted into the Army on December 1, 1942, and was assigned to the 99th Division, 22nd Infantry, Company 1; and

            Whereas, Army PFC John E. Runyan was killed in action in France on June 25, 1944, after a cargo truck he was in struck a German landmine; and

            Whereas, Army PFC John E. Runyan was finally laid to rest on November 20, 1948, at Midkiff Cemetery in Lincoln County; and

            Whereas, It is fitting to honor Army PFC John E. Runyan’s life and service by naming County Route 13/03 after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name County Route 13/03, known as Joe’s Creek Road, in Sumerco, Lincoln County, as the “Army PFC John E. Runyan Memorial Road”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “Army PFC John E. Runyan Memorial Road”; 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, the Commissioner of Highways and the family of the late Army PFC John E. Runyan.

            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. 41 - “Requesting the Division of Highways to name the stretch of West Virginia Route 83 between its intersection with West Virginia Route 16 at Yukon, McDowell County, and its intersection with County Road 83/03 in Bartley, McDowell County, the ‘U. S. Army MSG Joe C. Alderman Memorial Road’.”

            Whereas, MSG Alderman was born in Bartley, McDowell County, on September 11, 1940; and

            Whereas, MSG Alderman enlisted in the Army in 1958 following his graduation from Big Creek High School; and

            Whereas, MSG Alderman began his career with the Army Special Forces in 1962; and

            Whereas, During his time in the Special Forces, MSG Alderman spent seven years on special detachments in Vietnam; and

            Whereas, MSG Alderman’s awards and honors include the Silver Star, Legion of Merit, Soldier’s Medal, six Bronze Stars, the Meritorious Service Medal, five Air Medals, the Joint Service Medal, six Army Commendation Medals and three Purple Hearts. Other awards from his time in Vietnam include the Special Service Medal for Heroism, the Cross of Gallantry with a Silver Star, two Bronze Stars and the Armed Forces Honor Medal; and

            Whereas, MSG Alderman retired in November, 1980, and his career achievements were marked with his induction into the Ranger Hall of Fame in 1998; and

            Whereas, It is fitting to honor MSG Alderman’s life and service by naming the stretch of West Virginia Route 83 after him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the stretch of West Virginia Route 83 between its intersection with West Virginia Route 16 at Yukon, McDowell County, and its intersection with County Road 83/03 in Bartley, McDowell County, the “U. S. Army MSG Joe C. Alderman Memorial Road”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “U. S. Army MSG Joe C. Alderman Memorial Road”; 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 Transportation, the Commissioner of Highways and MSG Alderman’s surviving relatives.

Resolutions Introduced

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

            H. C. R. 106 - “Requesting the Joint Committee on Government and Finance conduct a study concerning the potential implementation of a Deferred Retirement Option Plan for troopers and employees of the West Virginia State Police.”

            Whereas, The West Virginia State Police provides an essential service to the State of West Virginia; and

            Whereas, Every year numerous West Virginia State Police troopers and employees retire; and

            Whereas, Current West Virginia State Police retirement options often favor retirement at the earliest possible age; and

            Whereas, When a veteran State Police officer or employee retires, the loss of that wisdom and experience is a hindrance to the continued success of the West Virginia State Police and cannot be easily replaced; and

            Whereas, Many states have adopted Deferred Retirement Option Plans (DROP) to provide troopers and other employees an incentive to remain employed for a small number of years beyond the age they would have otherwise retired; and

            Whereas, DROP programs are designed to be an entirely voluntary and cost-neutral monetary incentive for the most experienced troopers and employees to remain past normal retirement age; and

            Whereas, The introduction of a DROP program with the West Virginia State Police is of great potential significance to West Virginia as a method to ensure both the continued success of the West Virginia State Police as well as providing retired troopers and employees with an additional source of income upon their eventual retirement that they may otherwise have not been able to benefit from; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the issue of implementing a Deferred Retirement Option Plan for the West Virginia State Police in order to retain valued troopers and employees as well as providing these individuals with an additional source of income upon retirement; and, be it

            Further Resolved, That the Joint Committee on Government and Finance submit its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, to the Legislature at the beginning of the 2015 Regular Legislative Session; and, be it

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

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

            H. C. R. 107 - “Requesting that the bridge currently under construction on new WV Route 10 in Logan County, West Virginia, that has been designated as project number 10368, to be named the ‘William Dakota “Kody” Faine Memorial Bridge’.”

            Whereas, William Dakota “Kody” Faine was born March 18, 1992, in Logan County, West Virginia. He was the precious son of the late Daniel “Doodle” Faine Jr. and JoAnn Maynard Faine of Accoville; and

            Whereas, William Dakota “Kody” Faine attended Buffalo Grade School from Pre-K to 3rd grade and attended the 4th grade at Amherstdale Grade School. At the time of his passing, he was a student at Man Central School; and

            Whereas, William Dakota “Kody” Faine played basketball at Buffalo Grade School in the first grade. He also played T-ball for the Angels and Phillies in 1999 and 2000 making the Man All-Stars in 2000. William Dakota “Kody” Faine became ill while playing in the Man Little League; and

            Whereas, William Dakota “Kody” Faine loved playing video games and listening to music, riding his 4-wheeler and go cart, playing sports but, most of all he enjoyed playing with his friends and being with family. William Dakota “Kody” Faine also faithfully attended the Mount Olive Freewill Baptist Church at Accoville; and

            Whereas, William Dakota “Kody” Faine departed this life on Tuesday, October 1, 2002, from complications following a bone marrow transplant; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge currently under construction on new WV Route 10 in Logan County, West Virginia, that has been designed as project number 10368, the “William Dakota “Kody” Faine Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “William Dakota “Kody” Faine Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates,

forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the family of William Dakota “Kody” Faine.

Daily Calendar

Third Reading

            H. J. R. 108, Nonprofit Youth Organization Tax Exemption Support Amendment; on third reading, coming up in regular order, was reported by the Clerk.

            Delegate White asked and obtained unanimous consent to amend the bill on third reading.

            On motion of Delegates Perry and Staggers, the bill was amended on page two, line eleven, by striking out the period and inserting a colon and the following:

            Provided, That the tax exemption shall not become effective until the Legislature adopts enabling legislation authorizing the exemption’s implementation and concurrently prescribing limitations and conditions for the use of the tax exempt facility that protects local and regionally located businesses from use of the tax exempt facility in a manner that causes unfair competition and unreasonable loss of revenue to those businesses.”

            And,

            On page three, line twenty-one, following the period, by inserting the following:

            “This tax exemption does not take effect until the Legislature enacts laws that protect local and regional businesses from unfair competition and unreasonable loss of revenue from business competition by the facility utilizing this tax exemption.”

            Delegate Andes requested that the Journal record him as voting “Nay” on the adoption of the amendment offered by Delegates Perry and Staggers as to H. J. R. 108.

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

            Delegates Ashley, Craig, Espinosa, Kinsey, O’Neal, Sumner, Tomblin and Walters requested to be excused from voting on the adoption of H. J. R. 108 under the provisions of House Rule 49.

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

            On the adoption of the resolution, the yeas and nays were taken (Roll No. 166), and there were--yeas 94, nays 2, absent and not voting 4, with the yeas, nays and absent and not voting being as follows:

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

            Nays: Fleischauer and Walker.

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

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the resolution (H. J. R. 108) adopted, as follows:

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

            Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

            That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2014, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section twelve, to read as follows:

ARTICLE X. TAXATION AND FINANCE.

§12. Nonprofit youth organization revenue exemption.

            Notwithstanding any other provision of this Constitution to the contrary, any property owned by a nonprofit organization whose primary purpose is youth development by means of adventure, educational or recreational activities for young people and others, at a nonprofit constructed facility built with the expenditure of no less than $100 million, where such facility is capable of supporting additional activities within the region or State of West Virginia and which is leased or used to generate revenue for the nonprofit organization, is exempt from ad valorem property taxation, subject to any requirements, limitations and conditions as may be prescribed by general law: Provided, That the tax exemption shall not become effective until the Legislature adopts enabling legislation authorizing the exemption’s implementation and concurrently prescribing limitations and conditions for the use of the tax exempt facility that protects local and regionally located businesses from use of the tax exempt facility in a manner that causes unfair competition and unreasonable loss of revenue to those businesses.

            Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1” and designated as the “Nonprofit Youth Organization Tax Exemption Support Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend the State Constitution to exempt certain nonprofit youth organizations from taxation on property owned by the organization which is leased or used to support the organization.” This tax exemption does not take effect until the Legislature enacts laws that protect local and regional businesses from unfair competition and unreasonable loss of revenue from business competition by the facility utilizing this tax exemption.

            On motion of Delegates Perry and Staggers, the title of the resolution was amended to read as follows:

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

            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 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. 2446, Creating the crime of soliciting a minor; 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. 167), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2446) 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. 2606, Permitting the State Rail Authority to set the salary of the executive director; 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. 168), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2606) passed.

            Delegate White moved that the bill take effect July 1, 2014.

            On this question, the yeas and nays were taken (Roll No. 169), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

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

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2606) takes effect July 1, 2014.

            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. 2803, Requiring electric utilities to implement integrated resource plans; 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. 170), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Andes and Walters

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2803) 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. 2981, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations; 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. 171), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2981) 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. 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 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. 172), and there were--yeas 80, nays 16, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Andes, Armstead, Cadle, Cowles, Ellington, Espinosa, D. Evans, Gearheart, Householder, Howell, Ireland, Lane, E. Nelson, Overington, R. Smith and Walters.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3156) 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. 4004, Relating to criminal offenses for child abuse; 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. 173), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4004) 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. 4005, Relating to criminal offenses for child neglect; 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. 174), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Cowles.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4005) 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. 4012, Relating to the Revised Uniform Law on Notarial Acts; 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. 175), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Kump.

            Absent and Not Voting: Barill, J. Nelson, Paxton, L. Phillips and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4012) 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. 4039, Authorizing miscellaneous boards and agencies to promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 176), and there were--yeas 70, nays 25, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Andes, Armstead, Border, Cadle, Canterbury, Cowles, Espinosa, A. Evans, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Kump, Lane, McCuskey, E. Nelson, O’Neal, Overington, R. Smith, Sobonya, Walters and Westfall.

            Absent and Not Voting: Barill, J. Nelson, Paxton, L. Phillips and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4039) passed.

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

            On this question, the yeas and nays were taken (Roll No. 177), and there were--yeas 76, nays 19, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Ambler, Anderson, Armstead, Border, Cadle, Canterbury, Cowles, Espinosa, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Kump, E. Nelson, R. Smith, Walters and Westfall.

            Absent and Not Voting: Barill, J. Nelson, Paxton, L. Phillips and Raines.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4039) takes effect from its passage.

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

            Com. Sub. for H. B. 4141, Relating to licenses to sell paraphernalia for use with controlled substances; 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. 178), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: D. Evans and Howell.

            Absent and Not Voting: Barill, J. Nelson, Paxton, L. Phillips and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4141) 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. 4156, Electronic Toll Collection Act; on third reading, coming up in regular order, was reported by the Clerk.

            Delegate Manchin asked and obtained unanimous consent to amend the bill on third reading.

            On motion of Delegate Manchin, the bill was amended on page six, section three, line seven, after the word “Provided” and the comma, by striking out the remainder of the section, and inserting in lieu thereof the following:

            “That the application of this article should not apply to:

            (1) Future highway construction provided for in the Division of Highways' Statewide Transportation Improvement Plan at the time of the enactment of this article; and

            (2) Existing toll roads.”

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 179), and there were--yeas 73, nays 24, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Ambler, Armstead, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Lane, Miller, E. Nelson, Overington, Pasdon, R. Smith, Sobonya and Sumner.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4156) 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. 4168, Requiring materials, supplies, equipment and other items purchased by the state and its agencies to be made in the United States; 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. 180), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Andes, Cowles, Craig, Gearheart, Householder, Kump and Overington.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4168) 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. 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 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. 181), 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, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4183) passed.

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

            On this question, the yeas and nays were taken (Roll No. 182), 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, J. Nelson and Raines.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4183) takes effect from its passage.

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

            Com. Sub. for H. B. 4184, Relating to the West Virginia Tourism Development 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. 183), 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, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4184) passed.

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

            Com. Sub. for H. B. 4184 - “A Bill to amend and reenact §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, all relating to the West Virginia Tourism Development Act; providing definitions; extending termination provisions; removing requirement for engagement of a consulting firm to review proposed projects; imposing application filing fee; eliminating limitation on total amount of tourism development expansion project tax credits for all approved companies each calendar year; providing increased tax credit amounts for projects located on or adjacent to state and federal recreational property.”

            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. 4204, Relating to the nonrenewal or cancellation of property insurance coverage policies in force for at least four years; 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. 184), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Householder.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4204) passed.

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

            Com. Sub. for H. B. 4204 - “A Bill to amend and reenact §33-17A-4 of the Code of West Virginia, 1931, as amended, relating to the nonrenewal or cancellation of property insurance coverage policies in force for at least four years; prohibiting nonrenewal or cancellation of such policies as a result of certain claims arising from natural causes; prohibiting nonrenewal or cancellation of such policies as a result of certain claims arising from declared states of emergency.”

            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. 4210, Juvenile sentencing reform; 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. 185), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Ashley, Howell, Kump and Walker.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4210) 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. 4221, Permitting teachers under the State Teachers Retirement System to teach college level courses without loss of benefits; 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. 186), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Cowles, D. Evans, Gearheart, Howell and Lane.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4221) 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. 4225, Providing for emergency contact information on driver’s license records with the Division of Motor Vehicles; 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. 187), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Skinner.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4225) passed.

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

            Delegate L. Phillips noted to the Clerk that she was absent on today when the votes were taken on Roll Nos. 175, 176, 177 and 178, and that had she been present, she would have voted “Yea” thereon.

            At 1:16 p.m., on motion of Delegate White, the House of Delegates recessed until 2:15 p.m., and reconvened at that time.

Reordering of the Calendar

            Delegate White announced that the Committee on Rules had transferred H. B. 4226 and H. B. 4620, on third reading, Daily Calendar, to the House Calendar.

            Com. Sub. for H. B. 4228, Repealing or removing certain portions of education-related statutes that have expired; 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. 188), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, Ferns, Manchin, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4228) passed.

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

            Delegate Manchin announced that he was absent when the votes were taken on Roll No. 188, and that had he been present, he would have voted “Yea” thereon.

            Com. Sub. for H. B. 4242, Increasing gross weight limitations on certain roads in Brooke County; 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. 189), 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, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4242) passed.

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

            On this question, the yeas and nays were taken (Roll No. 190), 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, J. Nelson and Raines.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4242) takes effect from its passage.

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

            Com. Sub. for H. B. 4254, Providing that certain state employees may be granted a leave of absence with pay during a declared state of emergency; 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. 191), 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, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4254) passed.

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

            On this question, the yeas and nays were taken (Roll No. 192), 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, J. Nelson and Raines.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4254) takes effect from its passage.

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

            Com. Sub. for H. B. 4267, Legalizing and regulating the sale and use of fireworks and creating the West Virginia Veterans Program Fund; 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. 193), 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, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4267) passed.

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

            Com. Sub. for H. B. 4267 - “A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new section, designated §9A-1-11b; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to legalizing and regulating the sale and use of fireworks; creating the West Virginia Veterans Program Fund to be administered by the Department of Veterans’ Assistance; imposing a twenty percent fee for the sale of fireworks and providing for the allocation of the fee collections between the Veterans Program Fund for veterans programs, the Fire Protection Fund for volunteer fire departments, and the State Fire Commission’s special revenue account for the use of the State Fire Marshal’s office; providing for public fireworks displays; providing for rules; authorizing seizures by the state fire marshal; providing exemptions; and criminal penalties.”

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

            On this question, the yeas and nays were taken (Roll No. 194), 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, J. Nelson and Raines.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4305) takes effect from its passage.

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

            Com. Sub. for H. B. 4270, Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center; 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. 195), 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, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4270) 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. 4286, Captive Cervid Farming 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. 196), 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, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4286) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

            H. B.4286 - “A Bill to amend the Code of West Virginia, 1931, as 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; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; creating the Captive Cervid Farming Act; providing definitions; setting forth powers and duties of the Department of Agriculture; authorizing rule-making; setting forth duties and obligation of the Commissioner of the Department of Agriculture; requiring cooperation and coordination of inspections with the division of natural resources through memorandum of understanding; establishing an application process; permitting the issuance, renewal, modification and transfer of a license certificate; requiring the inspection of facilities; permitting the transition of current facilities; providing for noncompliance with article; requiring certain reporting; creating a new special revenue account; and establishing remedies and criminal penalties.”

            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. 4305, Relating to the requirements of members of a building commission board be from the same political party; 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. 197), and there were--yeas 84, nays 13, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Armstead, Ashley, Cowles, Ellington, Espinosa, Frich, Gearheart, Householder, Howell, Miller, R. Smith, Sobonya and Sumner.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for 4305) passed.

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

            On this question, the yeas and nays were taken (Roll No. 198), and there were--yeas 87, nays 10, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Armstead, Cowles, Ellington, Espinosa, Frich, Gearheart, Householder, Howell, R. Smith and Sumner.

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

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4305) takes effect from its passage.

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

            Com. Sub. for H. B. 4307, Relating to school celebrations, recognition programs and events; 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. 199), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Folk.

            Absent and Not Voting: Barill, J. Nelson, Raines and Westfall.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4307) passed.

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

            On this question, the yeas and nays were taken (Roll No. 200), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Folk.

            Absent and Not Voting: Barill, J. Nelson, Raines and Westfall.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4307) takes effect from its passage.

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

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

            Delegate Reynolds requested to be excused from voting on the passage of H. B. 4310 under the provisions of House Rule 49, stating that he was a managing partner of a business that issues Freedom of Information requests.

            Following consultation with the Clerk, the Speaker then excused the Gentleman from voting on the passage of the bill.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 201), and there were--yeas 92, nays 4, absent and not voting 3, excused 1, with the nays and absent and not voting and excused being as follows:

            Nays: Guthrie, Skinner, Staggers and Wells.

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

            Excused: Reynolds.

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

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

            H. B. 4310 - “A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to the review and consideration of concealed weapons permit applications; making gun permits and applications confidential except for law enforcement purposes; and adding requirements to the review process to insure that an applicant is not prohibited under the provisions of state or federal law from the receipt or possession of a firearm.”

            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. 4316, Creating the student data accessability, transparency and accountability 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. 202), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Cadle and Ellem.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4316) 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. 4327, Prohibiting health care practitioners from prescribing or administering drugs other than in a good faith, therapeutic manner; 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. 203), 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, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4327) 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. 4333, Relating to the redirection of certain Lottery revenues to the State Excess Lottery Revenue Fund; on third reading, coming up in regular order, was read a third time.

            Delegate Householder requested to be excused from voting on the passage of Com. Sub. for H. B. 4333 under the provisions of House Rule 49.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 204), and there were--yeas 72, nays 25, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Ashley, Barker, Barrett, Diserio, Eldridge, Espinosa, D. Evans, Faircloth, Ferns, Ferro, Folk, Fragale, Householder, Howell, Jones, Lawrence, Manypenny, Morgan, Overington, Pethtel, Skinner, R. Smith, Storch, Swartzmiller and Walters.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4333) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

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

            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. 4335, Relating to a child's right to nurse; 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 (Roll No. 206), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Gearheart and Ireland.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4335) 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. 4346, Establishing separate standards of performance for carbon dioxide emissions; on third reading, coming up in regular order with amendments pending and with the restricted right to amend by Delegate Manchin, was reported by the Clerk.

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

ARTICLE 5. AIR POLLUTION CONTROL.

§22-5-20. Regulating carbon dioxide emissions from existing fossil fuel-fired electric generating units.

            (a) The Department of Environmental Protection, in consultation with the Department of Environmental Protection Advisory Council, shall establish separate standards of performance for carbon dioxide emissions from existing coal-fired electric generating units in accordance with subsection (b) and from existing natural gas-fired electric generating units in accordance with subsection (c). The standards of performance developed and proposed under any state plan to comply with section 111 of the Clean Air Act should allow for greater flexibility and take into consideration the additional factors set forth in subsection (d) as a part of any state plan to achieve targeted reductions in greenhouse gas emissions which are equivalent or comparable to the goals and marks established by federal guidelines.

            (b) Standards of performance for existing coal-fired electric generating units. -- Except as provided under subsection (d), the standard of performance established for existing coal-fired electric generating units under subsection (a) shall be based upon:

            (1) The best system of emission reduction which, taking into account the cost of achieving the reduction and any nonair quality health and environmental impact and energy requirements, has been adequately demonstrated for coal-fired electric generating units that are subject to the standard of performance;

            (2) Reductions in emissions of carbon dioxide that can reasonably be achieved through measures undertaken at each coal-fired electric generating unit; and

            (3) Efficiency and other measures that can be undertaken at each coal-fired electric generating unit to reduce carbon dioxide emissions from the unit without switching from coal to other fuels, cofiring other fuels with coal, or limiting the utilization of the unit.

            (c) Standards of performance for existing natural gas-fired electric generating units. -- Except as provided in subsection (d), the standard of performance established for existing gas-fired electric generating units under subsection (a) shall be based upon:

            (1) The best system of emission reduction which, taking into account the cost of achieving the reduction and any nonair quality health and environmental impact and energy requirements, has been adequately demonstrated for natural gas-fired electric generating units that are subject to the standard of performance;

            (2) Reductions in emissions of carbon dioxide that can reasonably be achieved through measures at each natural gas-fired electric generating unit; and

            (3) Efficiency and other measures that can be undertaken at the unit to reduce carbon dioxide emissions from the unit without switching from natural gas to other lower-carbon fuels or limiting the utilization of the unit.

            (d) Flexibility in establishing standards of performance. -- In developing a flexible state plan to achieve targeted reductions in greenhouse gas emissions, the Department of Environmental Protection shall endeavor to establish an achievable standard of performance for any existing fossil fuel-fired electric generating unit, and examine whether less stringent performance standards or longer compliance schedules may be implemented or adopted for existing fossil fuel-fired electric generating units in comparison to the performance standards established for new, modified or reconstructed generating units, based on the following:

            (1) Consumer impacts, including any disproportionate impacts of energy price increases on lower income populations;

            (2) Non air quality health and environmental impacts;

            (3) Projected energy requirements;

            (4) Market-based considerations in achieving performance standards;

            (5) The costs of achieving emission reductions due to factors such as plant age, location, or basic process design;

            (6) Physical difficulties with or any apparent inability to feasibly implement certain emission reduction measures;

            (7) The absolute cost of applying the performance standard to the unit;

            (8) The expected remaining useful life of the unit;

            (9) The economic impacts of closing the unit, including expected job losses, if the unit is unable to comply with the performance standard;

            (10) Any other factors specific to the unit that make application of a modified or less stringent standard or a longer compliance schedule more reasonable; and

            (11) Whether other reductions in greenhouse gases could be potentially achieved by other measures, including but not limited to reduction of overall energy requirements or implementation of additional conservation measures, to meet targeted goals and objectives.

            (e) Implementing standards of performance. -- The Department of Environmental Protection may, to the extent permissible, establish and implement performance standards for existing fossil fuel fired electric generating unit through regulatory mechanisms that provide flexibility in complying with the standards, including the averaging of emissions, emissions trading, or other alternative implementation measures that are determined to further the interests of West Virginia and its citizens.

            (f) State plan requirement. -- The Department of Environmental Protection shall propose or submit to the U.S. Environmental Protection Agency a state plan which includes achievable performance standards for existing sources, and a combination of additional measures designed to meet the U.S. Environmental Protection Agency’s guidelines, consistent with the considerations,

goals and parameters set forth in this section.

            The bill was then read a third time.

            Delegate Armstead requested to be excused from voting on the passage of H. B. 4346 under the provisions of House Rule 49.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 207), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Barill, J. Nelson, L. Phillips and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4346) passed.

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

            H. B. 4346 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-20, relating to the development of a state plan to reduce carbon pollution and greenhouse gas production under section 111 of the Clean Air Act; establishing separate standards of performance for carbon dioxide emissions from existing coal-fired electric generating units; establishing separate standards of performance for natural gas-fired electric generating units; and factors and considerations to be reflected in the developed state plan.”

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

            Delegate L. Phillips noted to the Clerk that she was absent when the vote was taken on Roll No. 207, and that had she been present, she would have voted “Yea” thereon.

            Com. Sub. for H. B. 4354, Requiring the reporting and publication of all compensation, including contingent compensation, paid to lobbyists; on third reading, coming up in regular order, with an amendment pending, was, at the request of Delegate White, and by unanimous consent, placed at the foot of bills on third reading.

            Com. Sub. for H. B. 4360, Relating to consumer credit protection; 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 (Roll No. 208), 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, J. Nelson and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4360) 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. 4375, West Virginia Voluntary Employee Retirement Accounts Program; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were (Roll No. 209), and there were--yeas 52, nays 43, absent and not voting 5, with the nays and absent and not voting being as follows:

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

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4375) 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. 4411, Allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities; on third reading, coming up in regular order, was read a third time.

            Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for H. B. 4411 under the provisions of House Rule 49.

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

            The question being on the passage of the bill, the yeas and nays were (Roll No. 210), and there were--yeas 81, nays 14, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Ambler, Barrett, Canterbury, Cowles, Espinosa, D. Evans, Faircloth, Folk, Householder, Kump, Lawrence, Overington, Skinner and Westfall.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4411) 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. 4416, Exempting certified professional estimator services from consumers sales tax; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were (Roll No. 211), and there were--yeas 94, nays 6, absent and not voting 5, with the nays and absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4416) passed.

            Delegate White moved that the bill take effect July 1, 2014.

            On this question, the yeas and nays were taken (Roll No. 212), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

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

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4416) takes effect July 1, 2014.

            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. 4432, Adopting Principle Based Reserving as the method by which life insurance company reserves are calculated; 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 (Roll No. 213), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4432) 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. 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 third reading, coming up in regular order, was, on motion of Delegate White, laid upon the table.

            At 5:05 p.m., on motion of Delegate White, the House of Delegates recessed for fifteen minutes, and reconvened at that time.

            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 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 (Roll No. 214), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4449) 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. 4463, All relating to the disclosure of information on campaign contributions and spending; on third reading, coming up in regular order, was, at the request of Delegate White, and by unanimous consent, placed at the foot of bills on third reading.

            Com. Sub. for H. B. 4480, Relating to investment of the Acid Mine Drainage Fund; 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 (Roll No. 215), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4480) 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. 4492, Relating to investment of moneys by the West Virginia Investment Management Board; on third reading, coming up in regular order, was, on motion of Delegate White, laid upon the table.

            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 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 (Roll No. 216), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4496) 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. 4500, Relating requirements for business registration; 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 (Roll No. 217), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4500) 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. 4501, Providing that law-enforcement officers employed as school security be allowed to carry firearms on school property under certain conditions; 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 (Roll No. 218), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4501) passed.

            An amendment to the title of the bill, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the title to read as follows:

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

            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. 4510, Relating to goals for the care of foster children; 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 (Roll No. 219), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4510) passed.

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

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

            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. 4537, West Virginia CARES 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 (Roll No. 220), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4537) passed.

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

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

            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. 4538, Relating to the Board of Dentistry; 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 (Roll No. 221), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4538) 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 read a third time.

            The question being on the passage of the bill, the yeas and nays were (Roll No. 222), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Howell

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4549) 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. 4551, Relating to methane protections in underground mines; on third reading, coming up in regular order, was, on motion of Delegate White, laid upon the table.            Com. Sub. for H. B. 4552, Relating to the court of claims; 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 (Roll No. 223), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4552) 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. 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 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 (Roll No. 224), and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Andes, Ashley, Ellem, Espinosa, Ferns, Howell, Pasdon, R. Smith, Storch and Walters.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4555) passed.

 

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

            Com. Sub. for H. B. 4555 - “A Bill to amend and reenact §18-7A-17, of the Code of West Virginia, 1931, as amended; to amend and reenact §18-7B-11 of said code; to amend and reenact §18A-2-2 and §18A-2-6a of said code, as amended, all relating to requiring county boards of education to provide released time for professional educators and service personnel when serving in a part-time elected public office; and providing parity with legislators in providing that released time for official duties in serving an elected or appointed part-time public office shall be counted as service credit for retirement purposes.”

            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 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 (Roll No. 225), and there were--yeas 71, nays 24, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Armstead, Arvon, Azinger, Border, Butler, Cadle, Cowles, Ellington, Espinosa, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Lane, McCuskey, Miller, Overington, R. Smith, Sobonya, Sumner and Walters.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4601) 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. 4608, Establishing and requiring a uniform definition of dyslexia; 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 (Roll No. 226), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4608) 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. 4619, Authorizing innovation school districts; 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 (Roll No. 227), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4619) passed.

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

            H. B. 4619 - “A Bill to amend and reenact §18-5B-3 of the code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §18-5B-13, all relating to school innovation zones Act; requiring priority for limited years for certain entrepreneurship education innovation zones; authorizing innovation school districts; making legislative findings and providing intent and purpose of section; school system eligibility and application categories; providing for application process, review, content and periods; innovation school district plan purpose and content; plan development, approval and submission to state board; state board designation of innovation school districts; affect of designation and process for waiver of statutes, policies, rules and interpretations; limitation on waivers; revision and extension of plans; revocation of designation; affect of plan expiration on innovations; requiring state board rule; and annual review. ”

            Com. Sub. for H. B. 4354, Requiring the reporting and publication of all compensation, including contingent compensation, paid to lobbyists; on third reading, coming up in regular order, was reported by the Clerk.

            Delegate Lane asked and obtained unanimous consent to amend the bill on third reading.

            On motion of Delegates Lane, Fleischauer and Ellem the bill was amended on page three, section one, line thirty-seven, following the word “state”, by inserting the word “or”.

            On page four, line forty-one, following the word “department”, by striking out the word “or”.

            And,

            On page four, line forty-two, by striking out subparagraph (iii).

            The bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were (Roll No. 228), and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Barker, Eldridge, Folk, R. Phillips and Tomblin.

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

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4354) 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. 4463, All relating to the disclosure of information on campaign contributions and spending; on third reading, having been postponed in earlier proceedings, was, on motion of Delegate White, laid over.

First ReadingCom. Sub. for S. B. 58, Relating to basis for voidable marriages and annulments; on first reading, coming up in regular order, read a first time and ordered to second reading.

            S. B. 359, Removing hand canvassing requirements of electronic voting machines; on first reading, coming up in regular order, was, on motion of Delegate White, laid over.

Leaves of Absence

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

Miscellaneous Business

            Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate R. Phillips regarding the anniversary of the Buffalo Creek disaster be printed in the Appendix to the Journal.

            At 6:06 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 27, 2014.

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