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House Journal


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Day 52 (02-28-2014)
Day 56 (03-04-2014)
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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

colorseal.jpg







__________*__________



 

Tuesday, March 4, 2014

FIFTY-SIXTH DAY

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

 

 

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

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

            The Clerk proceeded to read the Journal of Monday, March 3, 2014, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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

Committee Reports

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            S. B. 208, Relating to Rural Health Initiative Act,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

            In the absence of objection, the bill (S. B. 208) was referred to the Committee on Finance.

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            Com. Sub. for S. B. 252, Allowing certain expelled students to return to school through Juvenile Drug Court,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 252) was referred to the Committee on the Judiciary.

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            Com. Sub. for S. B. 477, Providing teachers determine use of time during planning period,

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

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

            By Delegates Boggs, Craig, Guthrie, Iaquinta, Marshall, Perdue and Williams:

            H. B. 4622 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $12,000,000 from the Attorney General, Consumer Protection Recovery Fund, fund 1509, fiscal year 2014, organization 1500, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2014, organization 0307, to the Department of Education, State Board of Education - State Department of Education, fund 0313, fiscal year 2014, organization 0402, to the Department of Education and the Arts, Office of the Secretary, fund 0294, fiscal year 2014, organization 0431, to the Department of Education and the Arts, Library Commission, fund 0296, fiscal year 2014, organization 0433, to the Department of Health and Human Resources, Division of Health - Central Office, fund 0407, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2014, organization 0511, to the Department of Military Affairs and Public Safety, Division of Justice and Community Service, fund 0546, fiscal year 2014, organization 0620, to the Bureau of Senior Services, fund 0420, fiscal year 2014, organization 0508, and to the West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2014, organization 0420 by supplementing and amending the appropriations for the fiscal year ending June 30, 2014.”

            Delegate Poling, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            Com. Sub. for S. B. 391, Providing salary increases for teachers and school service personnel,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 391) was referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 165, Authorizing Department of Transportation promulgate legislative rules,

            Com. Sub. for S. B. 196, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Act Board,

            Com. Sub. for S. B. 383, Permitting certain residential real estate owners limited exemptions from licensing requirements,

            And,

            S. B. 403, Regulating importation and possession of certain injurious aquatic species,

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

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 155, Authorizing DHHR promulgate legislative rules,

            Com. Sub. for S. B. 167, Authorizing Department of Revenue promulgate legislative rules,

            Com. Sub. for S. B. 181, Authorizing Department of Administration promulgate legislative rules,

            Com. Sub. for S. B. 267, Ensuring state courts’ jurisdiction of fraudulent or unauthorized purchasing card use,

            S. B. 325, Providing State Fire Marshal serve at will and pleasure of Fire Commission,

            Com. Sub. for S. B. 434, Eliminating revocation period for certain DUI offenders,

            And,

            Com. Sub. for S. B. 574, Clarifying mobile home permanently attached to real estate is not personal property under certain conditions,

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

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 373, Relating to water resources protection,

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

            At the respective requests of Delegate White, and by unanimous consent, the bill (Com. Sub. for S. B. 373) was taken up for immediate consideration and read a second time.

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

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

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

            On motion of Delegate White, the bill was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page two, section one-c, line one, before the words “The regular”, by inserting “(a)”.

            On page four, section one-c, line forty-one, after the word “made” and the semi-colon, by adding the word “and”.

            On page four, section one-c, line forty-eight, by changing the semicolon to a period and striking out the word “and”.

            On page four, section one-c, line forty-nine, by striking out “(6)” and inserting in lieu thereof “(b)”.

            On page four, section one-c, line fifty-eight, after the word “Make”, by inserting the words “accommodations and”.

            And,

            On page five, section one-c, after line sixty-two, by adding a new subsection, designated subsection (c), to read as follows:

            “(c) The preferred location for all individual education program meetings is the school that the student attends. If holding the meeting at the school that the student attends is not feasible, then the meeting shall be held by telephone or through other electronic means.”

            And,

            By amending the title of the bill to read as follows:

            Com. Sub. for H. B. 4384 - “A Bill to amend and reenact §18-20-1c of the Code of West Virginia, 1931, as amended, relating to education of exceptional children; requiring processes for certain other teachers of students with exceptional needs to either participate in the meeting to develop or document reading and understanding of the student’s individualized education program; requiring accommodations and modifications if needed or identified; and requiring the individual education program meeting be held by telephone or through other electronic means if holding the meeting at the school that the student attends in not feasible.”

            On motion of Delegate White, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 239), 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: Barker, Jones, Longstreth, J. Nelson, Paxton and Raines.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4384) passed.

            On motion of Delegate Caputo, the House reconsidered its vote on the passage of the bill.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 240), and there were--yeas 95, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: Barker, Jones, J. Nelson, Paxton and Raines.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4384) passed.

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

            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. 344 - “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $409,167.60 from the Department of Commerce, Division of Tourism, fund 0246, fiscal year 2005, organization 0304, activity 859, and in the amount of $261,246.01 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 075, and in the amount of $5,999.39 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2000, organization 0307, activity 131, and in the amount of $58,527.20 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 131, and in the amount of $154,061.74 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 131, and in the amount of $257,617.06 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 131, and in the amount of $209,609.04 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 131, and in the amount of $145,560.18 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 131, and in the amount of $131,792.70 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 131, and in the amount of $198,809.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 266, and in the amount of $65,804.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 266, and in the amount of $26,183.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 266, and in the amount of $250,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 266, and in the amount of $11,758.05 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 480, and in the amount of $62,039.15 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 480, and in the amount of $25,265 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 480, and in the amount of $124,338.34 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 480, and in the amount of $123,100 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 480, and in the amount of $140,830.80 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 480, and in the amount of $47,113.16 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 819, and in the amount of $223,665.85 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 819, and in the amount of $44,007.60 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 819, and in the amount of $123,230.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 819, and in the amount of $742,930.92 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 819, and in the amount of $539,290.37 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 819, and $334,180.67 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 900, and in the amount of $650,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2011, organization 0307, activity 941, and in the amount of $461.83 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2002, organization 0506, activity 803, and in the amount of $10,489.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2003, organization 0506, activity 803, and in the amount of $8,056.23 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2004, organization 0506, activity 803, and in the amount of $13,718.82 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2005, organization 0506, activity 803, and in the amount of $0.70 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2006, organization 0506, activity 803, and in the amount of $24,307.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2007, organization 0506, activity 803, and in the amount of $6,600.22 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2008, organization 0506, activity 803, and in the amount of $76,423.45 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2009, organization 0506, activity 803, and in the amount of $211,730.74 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2010, organization 0506, activity 803, and in the amount of $150,334.97 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2011, organization 0506, activity 803, and in the amount of $136,909.29 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2012, organization 0506, activity 803, and in the amount of $1,974.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, activity 803, and in the amount of $15,640.96 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2009, organization 0601, activity 953, and in the amount of $240,051.69 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2010, organization 0601, activity 953, and in the amount of $215,075.18 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, activity 953, and in the amount of $871,905.27 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2012, organization 0621, activity 818, and in the amount of $870,992.77 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2013, organization 0621, activity 818, and in the amount of $1,250,000 from the Auditor’s Office, Purchasing Card Administration Fund, fund 1234, fiscal year 2014, organization 1200, and in the amount of $3,000,000 from the Secretary of State, General Administrative Fees Account, fund 1617, fiscal year 2014, organization 1600, and in the amount of $200,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2014, organization 0201, and in the amount of $200,000 from the Department of Administration, Division of General Services, Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2014, organization 0211, and in the amount of $4,737,257 from the Department of Administration, Board of Risk Insurance and Management, Premium Tax Savings Fund, fund 2367, fiscal year 2014, organization 0218, and in the amount of $500,000 from the Department of Administration, Surplus Property, Sale of State Surplus Property Fund, fund 2281, fiscal year 2014, organization 0214, and in the amount of $500,000 from the Department of Administration, Division of Purchasing, Purchasing Improvement Fund, fund 2264, fiscal year 2014, organization 0213, and in the amount of $2,000,000 from the Department of Administration, Division of Personnel, Division of Personnel Fund, fund 2440, fiscal year 2014, organization 0222, and in the amount of $45,607.91 from the Department of Military Affairs and Public Safety, Office of the Secretary, Secretary of Military Affairs and Public Safety Lottery Fund, fund 6005, fiscal year 2014, organization 0601, and in the amount of $200,000 from the Department of Revenue, Division of Financial Institutions, Assessment and Examination Fund, fund 3041, fiscal year 2014, organization 0303, and in the amount of $724,487.42 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2014, organization 0705, and in the amount of $7,500,000 from the Department of Revenue, Lottery Commission, Operating and Expense Fund, fund 7200, fiscal year 2014, organization 0705, and in the amount of $2,008,911.50 from the Department of Revenue, Racing Commission, Administration, Promotion, Education, Capital Improvement and Greyhound Adoption Programs to include Spaying and Neutering Account, fund 7307, fiscal year 2014, organization 0707, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Public Defender Services, fund 0226, fiscal year 2014, organization 0221, to the Department of Health and Human Resources, Division of Health, Central Office, fund 0407, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2014, organization 0511, to the Department of Military Affairs and Public Safety, West Virginia Parole Board, fund 0440, fiscal year 2014, organization 0605, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2014, organization 0608, and to the Higher Education Policy Commission, Administration - Control Account, fund 0589, fiscal year 2014, organization 0441, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014”; which was referred to the Committee on Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 345 - “A Bill expiring funds to the unappropriated balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2006, organization 2300, activity 642, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2007, organization 2300, activity 642, in the amount of $9,293,000 from the Joint Expenses, fund 0175, fiscal year 2008, activity 642, in the amount of $20,000,000 from Joint Expenses, Joint Expense Lottery Fund, fund 1736, fiscal year 2014, organization 2300, in the amount of $5,707,000 from Joint Expenses, Tax Reduction and Federal Funding Increased Compliance, fund 1732, fiscal year 2014, organization 2300, in the amount of $5,000,000 from the Attorney General, Consumer Protection Fund, fund 1509, fiscal year 2014, organization 1500, and in the amount of $10,000,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2014, organization 0704, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, and to the Department of Military Affairs and Public Safety, Division of Juvenile Services, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, of

            Com. Sub. for S. B. 499, Making Prudent Investor Act primary standard of care for Investment Management Board.

Petitions

            Delegate Householder presented a petition on behalf of his constituents, urging the West Virginia House of Delegates to end the program known as the Community Participation Program; which was referred to the Committee on Finance.

Daily Calendar

Third Reading

            Com. Sub. for S. B. 12, Relating to expedited partner therapy treatment; on third reading, coming up in regular order, was, on motion of Delegate White, laid over.

            Com. Sub. for S. B. 90, Creating criminal offense for interfering or preventing call for assistance of emergency service personnel; 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. 241), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Ellem.

            Absent and Not Voting: Barker, Jones, 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 S. B. 90) passed.

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

            S. B. 314, Appropriating hotel occupancy tax proceeds to counties with no more than one hospital; 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. 242), 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: Barker, Jones, J. Nelson, Paxton and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 314) 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:

            S. B. 314 - “A Bill to amend and reenact §7-18-14 of the Code of West Virginia, 1931, as amended, relating to proceeds of the hotel occupancy tax; allowing expenditure of the proceeds for medical care and emergency services in certain counties with no more than one hospital; and measuring county populations according to most recent decennial census for these purposes.”            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            S. B. 327, Updating terms in Corporation Net Income Tax 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. 243), 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: Barker, Jones, J. Nelson, Paxton and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 327) passed.

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

            On this question, the yeas and nays were taken (Roll No. 244), 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: Barker, Jones, 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 (S. B. 327) takes effect from its passage.

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

            S. B. 328, Terminating Strategic Research and Development Tax Credit; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 245), 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, Armstead, Espinosa, Faircloth, Howell, Kump, Lane, Sobonya, Sumner and Walters.

            Absent and Not Voting: Barker, Jones, J. Nelson, Paxton and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 328) passed.

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

            On this question, the yeas and nays were taken (Roll No. 246), and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Armstead, Espinosa, Faircloth, Folk, Hamrick, Howell, Kump, Sobonya, Sumner and Walters.

            Absent and Not Voting: Barker, Jones, 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 (S. B. 328) takes effect from its passage.

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

            S. B. 331, Requiring certain accelerated payment of consumers sales and service and use tax and employee withholding taxes; 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. 247), and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Ellington, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Lane, Shott and Sobonya.

            Absent and Not Voting: Barker, Jones, J. Nelson, Paxton and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 331) passed.

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

            On this question, the yeas and nays were taken (Roll No. 248), and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Ellington, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Lane, Shott and Sobonya.

            Absent and Not Voting: Barker, Jones, 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 (S. B. 331) 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 S. B. 405, Requiring presiding judge’s permission to release juror qualification forms after trial’s conclusion; 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. 249), 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: Barker, Jones, 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 S. B. 405) passed.

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

            On this question, the yeas and nays were taken (Roll No. 250), 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: Barker, Jones, 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 S. B. 405) 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 S. B. 416, Relating to tentative appraisals of natural resources property; 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 S. B. 416 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. 251), 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: Barker, Jones, 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 S. B. 416) passed.

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

            S. B. 470, Providing completed grand jury questionnaires are confidential; 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. 252), 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: Barker, Jones, J. Nelson, Paxton and Raines.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 470) passed.

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

Second ReadingS. B. 209, Allowing special needs students to participate in graduation ceremonies; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Education, was reported by the Clerk.

            Whereupon,

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

            On motion of Delegates M. Poling, Perry, Caputo and Pasdon, the bill was amended on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

            “That §18-20-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.

§18-20-1. Establishment of special programs and teaching services for exceptional children; modified diploma graduation.

            (a) In accordance with the following provisions, county boards of education throughout the state shall establish and maintain for all exceptional children between five and twenty-one years of age special educational programs, including, but not limited to, special schools or classes, regular classroom programs, home-teaching or visiting-teacher services for any type or classification as the state board shall approve. Special educational programs shall continue to be provided to those children who are at least twenty-one years of age and enrolled in the above mentioned ‘special education program’ prior to September 1, 1991, until they reach twenty-three years of age. Provisions shall be made for educating exceptional children (including the handicapped and the gifted) who differ from the average or normal in physical, mental or emotional characteristics, or in communicative or intellectual deviation characteristics, or in both communicative and intellectual deviation characteristics, to the extent that they cannot be educated safely or profitably in the regular classes of the public schools or to the extent that they need special educational provisions within the regular classroom in order to educate them in accordance with their capacities, limitations and needs: Provided, That for the school year beginning on July 1, 1990, provisions shall be made for educating exceptional children, including the handicapped, the gifted in grades one through eight, the pupils enrolled on July 1, 1989, in the gifted program in grades nine through twelve and the exceptional gifted in grades nine through twelve. The term ‘exceptional gifted’ means those students in grades nine through twelve identified as gifted and at least one of the following: Behavior disorder, specific learning disabilities, psychological adjustment disorder, underachieving, or economically disadvantaged. Exceptional gifted children shall be referred for identification pursuant to recommendation by a school psychologist, school counselor, principal, teacher, parent or by self-referral, at which time the placement process, including development of an individualized education program, and attendant due process rights, shall commence. Exceptional gifted children, for purposes of calculating adjusted enrollment pursuant to section two, article nine-a of this chapter, shall not exceed one percent of net enrollment in grades nine through twelve. Nothing herein shall be construed to limit the number of students identified as exceptional gifted and who receive appropriate services. Each county board of education is mandated to provide gifted education to its students according to guidelines promulgated by the state board and consistent with the provisions of this chapter. Upon the recommendation of a principal, counselor, teacher and parent, a student who does not meet the gifted eligibility criteria may participate in any school program deemed appropriate for the student provided that classroom space is available. In addition, county boards of education may establish and maintain other educational services for exceptional children as the State Superintendent of Schools may approve.

            (b) County boards of education shall establish and maintain these special educational programs, including, but not limited to, special schools classes, regular class programs, home-teaching and visiting-teacher services. The special education programs shall include home-teaching or visiting-teacher services for children who are homebound due to injury or who for any other reason as certified by a licensed physician are homebound for a period that has lasted or will last more than three weeks. Provided, That pupils receiving such homebound or visiting-teacher services shall not be included when computing adjusted enrollment as defined in section two, article nine-a, chapter eighteen of this code. The state board shall adopt rules to advance and accomplish this program and to assure that all exceptional children in the state, including children in mental health facilities, residential institutions and private schools, will receive an education in accordance with the mandates of state and federal laws: Provided, however, That commencing with the school year beginning on July 1, 1991, all exceptional children in the state in foster care and correctional facilities will receive an education in accordance with the mandates of state and federal laws.

            (c) Each county board of education shall adopt a policy that allows a student with disabilities whose individualized education program provides for a modified diploma to participate in the graduation ceremony of his or her same grade classmates if requested in writing by his or her parent or legal guardian. The county board shall also permit the student to continue receiving his or her special education services after the graduation ceremony. The county board may not terminate, deny or declare the student ineligible for post-graduation ceremony special education services due to his or her participation in the graduation ceremony.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 322, Providing state compensate officials, officers and employees every two weeks with certain exceptions; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 408, Relating to parole; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 457, Requiring programs for temporarily detained inmates in regional jails; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:

ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.

§31-20-5h. Programs for inmates committed to prison.

            (a) The Division of Corrections may develop and implement a cognitive behavioral program to address the needs of inmates detained in a regional jail, but committed to the custody of the Commissioner of Corrections. The program shall be developed in consultation with the Regional Jail and Correctional Facility Authority, and may be offered by video teleconference or webinar technology. The costs of the program shall be paid out of funds appropriated to the Division of Corrections. The program shall be covered by the rehabilitation plan policies and procedures adopted by the Division of Corrections under subsection (h), section thirteen, article twelve, chapter sixty-two of this code.

            (b) In addition to subsection (a), the Division of Corrections shall make available to each inmate in the custody of the commissioner who is detained in a regional jail facility awaiting transfer to a Division of Corrections facility, those programs and courses, as are determined by an inmate’s risk and needs assessment mandated by section thirteen, article twelve, chapter sixty-two of this code, necessary to prepare the inmate for parole. Such programming and courses shall be provided by the Division of Corrections personnel or the commissioner’s designees.

            (c) The Regional Jail and Correctional Facility Authority shall provide the necessary facilities and equipment to effectuate this section or, upon the agreement of the Regional Jail and Correctional Facility Authority and the commissioner, other facilities may be utilized.

            The bill was then ordered to third reading.

            S. B. 483, Renaming administrative heads of Potomac campus of WVU and WVU Institute of Technology; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Education, was reported by the Clerk on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.

§18B-1B-6. Appointment of institutional presidents; evaluation.

            (a) Appointment of institutional presidents. -- Appointment of presidents of the state institutions of higher education shall be made as follows:

            (1) The initial contract term for a president of a state institution of higher education may not exceed two years. At the end of the initial contract period, and subject to the provisions of subsection (c) of this section, the governing board may offer the president a contract of longer duration, but not to exceed five years.

            (A) The provisions relating to initial contract periods do not affect the terms of a current contract for any person holding a multiyear contract and serving as president of a state institution of higher education or division of a state institution of higher education delivering community and technical education on June 30, 2008.

            (B) At the end of the current contract period and thereafter, the governing board shall make presidential appointments in accordance with the provisions of this section.

            (2) The person who is president, provost or divisional administrative head of the community and technical college on June 30, 2008, becomes the president of the institution on the effective date of this section.

            (3) (2) The president of a state institution of higher education serves at the will and pleasure of the appointing governing board.

            (4) (3) Subject to the approval of the commission, the governing board of the institution appoints a president for Bluefield State College, Concord University, Fairmont State University, Glenville State College, Marshall University, Shepherd University, West Liberty State College University, West Virginia School of Osteopathic Medicine, West Virginia State University and West Virginia University.

            (5) (4) Subject to the approval of the council, the governing board of the community and technical college appoints a president for Blue Ridge Community and Technical College, the Community and Technical College at West Virginia University Institute of Technology Bridge Valley Community and Technical College, Eastern West Virginia Community and Technical College, Marshall Mountwest Community and Technical College, New River Community and Technical College, Pierpont Community and Technical College, Southern West Virginia Community and Technical College, West Virginia Northern Community and Technical College West Virginia State Community and Technical College and West Virginia University at Parkersburg.

            (b) Other appointments. -- The institutional president of West Virginia University appoints a provost campus president to be the administrative head of the Potomac campus of West Virginia University and a provost campus president to be the administrative head of West Virginia University Institute of Technology.

            (c) Evaluation of presidents. --

            (1) The appointing governing board shall conduct written performance evaluations of the institution’s president. Evaluations shall be done at the end of the initial two-year contract period and in every third year of employment as president thereafter, recognizing unique characteristics of the institution and using institutional personnel, boards of advisors as appropriate, staff of the appropriate governing board and persons knowledgeable in higher education matters who are not otherwise employed by a governing board. A part of the evaluation shall be a determination of the success of the institution in meeting the requirements of its institutional compact and in achieving the goals, objectives and priorities established in articles one and one-d of this chapter.

            (2) After reviewing the evaluations, the governing board of governors shall make a determination by majority vote of its members on continuing employment and the compensation level for the president in accordance with the provisions of subsection (a) of this section.

            (d) The legislative rules of the commission and council each shall propose a rule for legislative approval promulgated in accordance with the provisions of section six, article one of this chapter and article three-a, chapter twenty-nine-a of this code by September 1, 2008 to which are in effect on January 1, 2014, continue in effect unless amended or repealed. The rules provide guidance for the institutional governing boards in filling vacancies in the office of president in accordance with the provisions of this chapter The rule and shall include, but is are not limited to, clarifying the powers, duties and roles of the governing boards, the commission, the council and the chancellors in the presidential appointment process.

            (e) The Legislature finds that an emergency exists and, therefore, the commission and the council each shall file a rule to implement the provisions of this section as an emergency rule by September 1, 2008, pursuant to the provisions of article three-a, chapter twenty-nine-a of this code. The emergency rule may not be implemented without prior approval of the Legislative Oversight Commission on Education Accountability.

            On motion of Delegates Howell and M. Poling, the amendment was amended on page three, section six, line three, by striking out the words “the Potomac campus” and inserting in lieu thereof the words “Potomac State College”.

            The Education amendment, as amended, was then adopted.

            The bill was then ordered to third reading.

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

            Com. Sub. for S. B. 307, Authorizing community corrections programs to operate pretrial release program,

            Com. Sub. for S. B. 365, Excepting certain Ethics Act provisions for elected conservation district supervisors,

            S. B. 375, Excluding certain personal property from TIF assessment,

            Com. Sub. for S. B. 376, Requiring certain construction workers complete OSHA safety program,

            Com. Sub. for S. B. 387, Clarifying duly authorized officers have legal custody of their prisoners while in WV,

            S. B. 394, Redesignating Health Sciences Scholarship Program as Health Sciences Service Program,

            Com. Sub. for S. B. 397, Expanding scope of activities considered financial exploitation of elderly,

            Com. Sub. for S. B. 427, Relating to motor vehicle insurance,

            S. B. 456, Extending expiration date for health care provider tax on eligible acute care hospitals,

            Com. Sub. for S. B. 523, Providing for additional state veterans skilled nursing facility in Beckley,

            S. B. 558, Finding and declaring certain claims against state,

            Com. Sub. for S. B. 579, Creating Land Reuse Agency Authorization Act,

            Com. Sub. for S. B. 600, Relating to municipal ordinance compliance regarding dwellings unfit for habitation and vacant buildings and properties,

            Com. Sub. for S. B. 602, Requiring health care providers wear ID badges,

            And,

            H. B. 4621, Expiring funds to the Board of Risk and Insurance Management, Patient Injury Compensation Fund from the Board of Risk and Insurance Management Medical Liability Fund.

Leaves of Absence

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

            At 12:08 p.m., on motion of Delegate White, the House of Delegates recessed until 5:30 p.m., and reconvened at that time.

* * * * * * *

Evening Session

* * * * * * *

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect July 1, 2014, of

            Com. Sub. for H. B. 2165, Relating to death certificates of military veterans.

            A message from the Senate, by

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

            Com. Sub. for H. B. 4003, Granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

            Com. Sub. for H. B. 4151, Relating to military members and their spouses who obtain licensure through professional boards.

            On motion of Delegate White, the bill was taken up for immediate consideration.

            The following Senate amendment was reported by the Clerk:

            On page four, section two, line one, by striking out “(a)”.

            On page four, section two, line one, after the word “eight”, by inserting the words “of this article”.

            On page five, section three, line seven, after the words “subsection (b)”, by inserting the words “of this section”.

            On page six, section four, line eight, after the words “subsection (b)”, by inserting the words “of this section”.

            And,

            On pages nine and ten, section seven, by striking out lines one through eight and inserting in lieu thereof the following:

            “(a) The boards referred to in this chapter shall require an applicant to state on the application form that he or she is an active duty member of the armed forces of the United States or is a spouse of an active duty member of the armed forces of the United States.

            (b) The boards referred to in this chapter shall include the following information in their annual reports, as required in section seventeen, article one of this chapter:

            (1) The number of licenses, certificates and/or registrations issued pursuant to this article;

            (2) The amount of fees waived pursuant to this article;

            (3) The number of persons who had continuing education requirements waived pursuant to this article; and

            (4) The number of temporary licenses issued pursuant to this article.”

            On motion of Delegate White, the House of Delegates concurred in the Senate amendment.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 253), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Barker, Cadle, D. Evans, Householder, Jones, McCuskey, J. Nelson, Paxton, Perdue, Pethtel, R. Phillips, Raines and Romine.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4151) passed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

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

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

            H. B. 4301, Allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky.

            On motion of Delegate White, the bill was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

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

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-28. When licenses or permits not required.

            Persons in the following categories are not required to obtain licenses or permits as indicated:

            (a) Bona fide resident landowners or their resident children, or resident parents, or bona fide resident tenants of the land may hunt, trap or fish on their own land during open season in accordance with the laws and rules applying to the hunting, trapping and fishing without obtaining a license, unless the lands have been designated as a wildlife refuge or preserve.

            (b) Any bona fide resident of this state who is totally blind may fish in this state without obtaining a fishing license. A written statement or certificate from a duly licensed physician of this state showing the resident to be totally blind shall serve in lieu of a fishing license and shall be carried on the person of the resident at all times while he or she is fishing in this state.

            (c) All residents of West Virginia on active duty in the armed forces of the United States of America, while on leave or furlough, may hunt, trap or fish in season in West Virginia without obtaining a license. Leave or furlough papers shall serve in lieu of any license and shall be carried on the person at all times while trapping, hunting or fishing.

            (d) In accordance with the provisions of section twenty-seven of this article, any resident sixty-five years of age or older before January 1, 2012, is not required to have a license to hunt, trap or fish during the legal seasons in West Virginia, but in lieu of the license the person shall at all times while hunting, trapping or fishing carry on his or her person a valid West Virginia driver’s license or nondriver identification card issued by the Division of Motor Vehicles.

            (e) Residents of the State of Maryland Except as otherwise provided for in this section, residents of states that share river borders with the State of West Virginia who carry hunting or fishing licenses valid in that state may hunt or fish from the West Virginia banks of the Potomac River without obtaining licenses, but the hunting or fishing shall be confined to the fish and waterfowl of the river proper and not on its tributaries: Provided, That the State of Maryland state shall first enter into a reciprocal agreement with the director extending a like privilege of hunting and fishing on the Potomac River from the Maryland banks of the river to licensed residents of West Virginia without requiring the residents to obtain Maryland that state’s hunting and fishing licenses.

            (f) Residents of the State of Ohio who carry hunting or fishing licenses valid in that state may hunt or fish on the Ohio River or from the West Virginia banks of the river without obtaining licenses, but the hunting or fishing shall be confined to fish and waterfowl of the river proper and to points on West Virginia tributaries and embayments identified by the director: Provided, That the State of Ohio shall first enter into a reciprocal agreement with the director extending a like privilege of hunting and fishing from the Ohio banks of the river to licensed residents of West Virginia without requiring the residents to obtain Ohio hunting and fishing licenses.

            (g) Any resident of West Virginia who was honorably discharged from the Armed Forces of the United States of America and who receives a veteran’s pension based on total permanent service-connected disability as certified to by the Veterans Administration may hunt, trap or fish in this state without obtaining a license. The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code setting forth the procedure for the certification of the veteran, manner of applying for and receiving the certification and requirements as to identification while the veteran is hunting, trapping or fishing.

            (h) Any disabled veteran who is a resident of West Virginia and who, as certified to by the Commissioner of Motor Vehicles, is eligible to be exempt from the payment of any fee on account of registration of any motor vehicle owned by the disabled veteran as provided in section eight, article ten, chapter seventeen-a of this code shall be permitted to hunt, trap or fish in this state without obtaining a license. The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code setting forth the procedure for the certification of the disabled veteran, manner of applying for and receiving the certification and requirements as to identification while the disabled veteran is hunting, trapping or fishing.

            (i) Any resident or inpatient in any state mental health, health or benevolent institution or facility may fish in this state, under proper supervision of the institution involved, without obtaining a fishing license. A written statement or certificate signed by the superintendent of the mental health, health or benevolent institution or facility in which the resident or inpatient, as the case may be, is institutionalized shall serve in lieu of a fishing license and shall be carried on the person of the resident or inpatient at all times while he or she is fishing in this state.

            (j) Any resident who is developmentally disabled, as certified by a physician and the Director of the Division of Health, may fish in this state without obtaining a fishing license. As used in this section, ‘developmentally disabled’ means a person with a severe, chronic disability which:

            (1) Is attributable to a mental or physical impairment or a combination of mental and physical impairments;

            (2) Is manifested before the person attains age twenty-two;

            (3) Results in substantial functional limitations in three or more of the following areas of major life activity:

            (A) Self-care;

            (B) Receptive and expressive language;

            (C) Learning;

            (D) Mobility;

            (E) Self-direction;

            (F) Capacity for independent living; and

            (G) Economic self-sufficiency; and

            (4) Reflects the person’s need for a combination and sequence of care, treatment or supportive services which are of lifelong or extended duration and are individually planned and coordinated.

            (k) A student eighteen years of age or younger receiving instruction in fly fishing in a public, private, parochial or Christian school in this state may fly fish in the state for catch and release only without obtaining a fishing license while under the supervision of an instructor authorized by the school.”

            And, by amending the title of the bill to read as follows:

            H. B. 4301 - “A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to hunting, trapping and fishing licenses; and permitting limited reciprocal use of hunting and fishing licenses with states which share river borders with this state.”

            On motion of Delegate White, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 254), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Barker, Cadle, Jones, J. Nelson, Paxton, Perdue, R. Phillips, Raines and Romine.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4301) passed.

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

            A message from the Senate, by

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

            H. B. 4421, Allowing the lottery to pay prizes utilizing other payment methods in addition to checks.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

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

            On motion of Delegate White, the bill was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page four, section six-b, lines one through seven, by striking out all of subsection (a) and inserting in lieu thereof a new subsection, designated subsection (a), to read as follows:

            “(a) There is hereby established a special revenue account in the State Treasury for each juvenile benefit fund established by the director. Moneys received by an institution for deposit in an juvenile benefit fund shall be deposited with the State Treasurer to be credited to the special revenue account created for the institution’s juvenile benefit fund. Moneys in a special revenue account established for a juvenile benefit fund may be expended by the institution for the purposes set forth in this section.”

            And by amending the title of the bill to read as follows:

            H. B. 4437 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §49-5E-6a and §49-5E-6b, all relating to the Division of Juvenile Services; authorizing the Director of Juvenile Services to establish juvenile trustee accounts and funds for earnings and personal property of juveniles; creating a juvenile benefit fund; creating special revenue accounts in the office of the Treasurer for juvenile benefit funds; and including residents of the Division of Juvenile Services as a division designated to receive and disburse such funds.”

            On motion of Delegate White, the House of Delegates concurred in the Senate amendments.

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 255), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:

            Absent and Not Voting: Andes, Barker, Cadle, Jones, J. Nelson, Paxton, Perdue, R. Phillips, Raines and Romine.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4437) passed.

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

            A message from the Senate, by

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

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

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

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

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendment was reported by the Clerk:

            On page one, in the third Whereas clause, by striking out the word “Sates” and inserting in lieu thereof the word “States”.

            On motion of Delegate White, the House of Delegates concurred in the Senate amendment.

            The question before the House being the adoption of the resolution, the same was put and prevailed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

            Com. Sub. for H. C. R. 38, W. T. (Big Bill) Elswick Memorial Bridge.

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk:

            On page three, in the Resolved clause, before “W. T.”, by inserting the words “U. S. Army MSGT”.

            On page three, in the first Further Resolved clause, before “W. T.”, by inserting the words “U. S. Army MSGT”.

            And,

            By amending the title of the resolution to read as follows:

            Com. Sub. for H. C. R. 38 - “Requesting the Division of Highways to name bridge number 20-61-4.63 (20A776), crossing Paint Creek on United States Route 61, in Kanawha County, the ‘U. S. Army MSGT W. T. (Big Bill) Elswick Memorial Bridge’.”

            On motion of Delegate White, the House of Delegates concurred in the Senate amendments.

            The question before the House being the adoption of the resolution, the same was put and prevailed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:

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

            On motion of Delegate White, the resolution was taken up for immediate consideration.

            The following Senate amendments were reported by the Clerk.

            On page two, in the eleventh Whereas clause, before the word “Army”, by inserting “U.S.”.

            On page two, in the Resolved clause, before the word “Army”, by inserting “U. S.”.

            And,

            On page two, in the first Further Resolved clause, before the word “Army”, by inserting “U. S.”.

            And,

            By amending the title of the resolution to read as follows:

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

            On motion of Delegate White, the House of Delegates concurred in the Senate amendments.

            The question before the House being the adoption of the resolution, the same was put and prevailed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of

            S. B. 460, Permitting School of Osteopathic Medicine invest certain moneys in its foundation.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the adoption, as amended, of

            S. C. R. 22, Requesting DOH name I-81 overpass “Deputy John L. Burkett III Memorial Overpass”.

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

Committee Reports

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

By Delegates Perdue, Fleischauer, Diserio, Staggers, Eldridge, Kinsey, Moore, Ellington, Sobonya and Miller:

            H. C. R. 120 -“Requesting the Joint Committee on Government and Finance to study the feasibility of moving the Children’s Health Insurance Program from the Department of Administration.”

            Whereas, The Children’s Health Insurance Program (CHIP) provides quality health insurance to eligible children and strives to develop a health care system in which all West Virginia children can access health care coverage; and

            Whereas, WV CHIP is a free or low-cost health plan for children from birth up to age nineteen; covered services include preventive care, prescriptions, hospital visits, dental, vision and mental health services; and

            Whereas, With the Affordable Care Act officially in place, it may be better suited that the CHIP be relocated in order to sustain fluidity and prohibit redundancy; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study on the feasibility of moving the Children’s Health Insurance Program from the Department of Administration; and, be it

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

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

By Delegates Perdue, Fleischauer, Diserio, Staggers, Eldridge, Kinsey, Moore, Ellington, Cowles, Arvon, Border, Sobonya and Miller:

            H. C. R. 121 - “Requesting the Joint Committee on Government and Finance to study the possible effects on insurance billing; reimbursement rates; and practice authorization upon adopting telemedicine initiatives.”

            Whereas, West Virginia faces challenges in meeting the needs of its citizens relating accessibility to health care; and

            Whereas, Telemedicine is the use of medical information exchanged from one site to another via electronic communications to consult on a patient’s health; and

            Whereas, The integration of telemedicine is being incorporated into hospitals, specialty departments, home health agencies and private physician offices; and

            Whereas, Services provided through telemedicine include primary care and specialist referral services, remote patient monitoring, and consumer medical and health information; and

            Whereas, Telemedicine delivery mechanisms include networked programs, point-to-point connections, monitoring center links, and web-based e-health patient service sites; and

            Whereas, Studies suggest that telemedicine can improve and expand access to care for under served patients; and

            Whereas, Telemedicine may increase cost-savings benefits for Medicaid and Medicare spending; and 

            Whereas, West Virginians with chronic illnesses can stay at home and decrease the number of visits to hospitals and emergency rooms; and therefore be it, 

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct study the possible effects on insurance billing; reimbursement rates; and practice authorization upon adopting telemedicine initiatives.

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

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

            And,

By Delegates Perdue, Fleischauer, Diserio, Staggers, Eldridge, Kinsey, Moore, Ellington, Sobonya and Miller:

            H. C. R. 122 - “Requesting the Joint Committee on Government and Finance to study the feasibility of the following changes to the regulatory requirements of advanced practice registered nurses (APRN): expanding of scope of practice; expanding prescriptive authority; permitting annual prescriptions supplies; permitting that a signature have the same effect as a physician insofar as patient care documentation in concerned; and removing the collaborative relationship with physicians.”

            Whereas, West Virginia faces many challenges in meeting the health care needs of its citizens with nearly half of the total population residing in rural areas; and

            Whereas, These citizens have high rates of chronic illness, unhealthy lifestyles and have geographic and financial limitations in accessing health care providers; and

            Whereas, The influx of newly insured individuals may strain an already fragile health care system that is not able to meet the health care needs of its current population; and

            Whereas, There is a growing shortage of primary care physicians in West Virginia; and

            Whereas, APRNs have provided not only primary health care for over five decades, but also practice in ambulatory, acute and long-term care settings; and

            Whereas, Though nurse practitioners can legally practice in all states, the ability of APRNs to practice to the full extent of their education and training is dictated by individual state laws; and

            Whereas, Eighteen states and the District of Columbia allow APRNs to practice and prescribe independently without direct physician supervision or collaboration; and

            Whereas, West Virginia’s current APRN laws mandate that they collaborate with physicians; this requirement may limit implementing innovative solutions such as nurse-managed rural health or mobile clinics; and

            Whereas, A 2010 Institute of Medicine report calls for states to remove unnecessary barriers that prevent APRNs from practicing to the full extent of their educational training; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to conduct a study of the feasibility of the following changes to the regulatory requirements of advanced practice registered nurses (APRN): expanding of scope of practice; expanding prescriptive authority; permitting annual prescriptions supplies; permitting that a signature have the same effect as a physician insofar as patient care documentation in concerned; and removing the collaborative relationship with physicians; and, be it

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

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

            Which were each referred to the Committee on Rules.

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 431, Relating to issuance and renewal of certain driver’s licenses and federal ID cards,

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

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

            Your Committee on Finance has had under consideration:

            H. B. 4015, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution,

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

            Com. Sub. for H. B. 4015 - “A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

            S. B. 3, Creating Uniform Real Property Transfer on Death Act,

            S. B. 202, Creating Benefit Corporation Act,

            Com. Sub. for S. B. 357, Relating to Logging Sediment Control Act civil and criminal penalties,

            Com. Sub. for S. B. 450, Relating to sale and consumption of alcoholic liquors in certain outdoor dining areas,

            And,

            Com. Sub. for S. B. 621, Authorizing insurers offer flood insurance,

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

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

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 133, Authorizing DEP promulgate legislative rules,

            Com. Sub. for S. B. 252, Allowing certain expelled students to return to school through Juvenile Drug Court,

            Com. Sub. for S. B. 278, Redefining “scrap metal”,

            Com. Sub. for S. B. 356, Relating to purchasing reforms,

            Com. Sub. for S. B. 419, Creating Overdose Prevention Act,

            S. B. 454, Defining dam “owner”,

            Com. Sub. for S. B. 507, Relating to Board of Barbers and Cosmetologists,

            S. B. 593, Authorizing issuance of limited lines travel insurance producer license,

            And,

            Com. Sub. for S. B. 623, Requiring notification of certain substance abuse screening of mine personnel.

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

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for S. B. 393, Amending funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund,

            And,

            Com. Sub. for S. B. 414, Redirecting nonprobate appraisement filings,

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

Miscellaneous Business

            Delegate Pethtel announced that he was absent on today when the vote was taken on Roll No. 253, and that had he been present, he would have voted “Yea” thereon.

            Delegate D. Evans noted to the Clerk that he was absent on today when the vote was taken on Roll No. 253, and that had he been present, he would have voted “Yea” thereon.

            Delegate Cadle noted to the Clerk that he was absent on today when the votes were taken on Roll Nos. 253, 254 and 255 and that had he been present, he would have voted “Yea” thereon.

            At 6:08 p.m., the House of Delegates adjourned until 11:30 a.m., Wednesday, March 5, 2014.

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