Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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Tuesday, January 20, 2015

SEVENTH DAY

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

 

 

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, 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, January 19, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

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

            By Delegates Ireland, Folk, Manchin, Lynch, Rowe, Fleischauer, Skinner, Fast, Fluharty, Byrd and Summers:

            H. B. 2201 - “A Bill to amend and reenact §24-2F-8 of the Code of West Virginia, 1931, as amended, all relating to providing a definition for net metering, requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards, and striking deadlines for rule-making by the Public Service Commission.”

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility,

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

            Com. Sub. for H. B. 2025 - “A Bill to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to prohibiting certain sex offenders from loitering within one thousand feet of a school, child care facility, or victim; and defining loitering,”

            With the recommendation that the committee substitute do pass.

Resolutions Introduced

            Delegate Fleischauer offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 2 - “Requesting the Joint Committee on Government and Finance to continue studying the needs, challenges, and issues facing West Virginia military veterans, West Virginia citizens serving in the Armed Forces of the United States, the West Virginia National Guard and other military affairs of West Virginia.”

            Whereas, West Virginia has a proud heritage of military service members, veterans, and military family members; and

            Whereas, West Virginia is home to more military service members and veterans per capita than any other state in the nation; and

            Whereas, The West Virginia National Guard is continuously above service and preparedness strength, has been repeatedly recognized as one of the top forces in the country, and its members are nationally renowned for their professionalism, courage and commitment to duty; and

            Whereas, Military veteran homelessness, incidents of veteran suicide, and diagnoses of post-traumatic stress disorder for veterans are all on the rise with no signs of slowing down unless additional action by the West Virginia Department of Veterans Assistance and the United States Department of Veterans Affairs is taken; and

            Whereas, Additionally, aging veterans of previous conflicts are facing worsening problems as they enter their retirement years; and

            Whereas, West Virginia has passed legislation offering instate military veteran retirees financial benefits in an attempt to increase these veterans’ financial stability and to attract out of state veterans to retire to West Virginia; and

            Whereas, As the state continues to make retiring in West Virginia attractive to military veterans, the overall economic development their residency provides will certainly benefit each and every West Virginian; and

            Whereas, Although the retirement benefits of veterans within West Virginia are positive, additional legislative efforts can be pursued to further augment these opportunities; and

            Whereas, The Legislature finds that it should take an active role in studying, formulating and implementing resources and programs that support West Virginia citizens serving in the Armed Forces of the United States, the West Virginia National Guard as well as veterans of military service to better assist them and their family members in getting the care, services and opportunities that they have earned and deserve; and

            Whereas, The Select Committee on Veterans Affairs has a demonstrated history of initiating legislation promoting and facilitating the establishment of programs to assist returning veterans, including, but not limited to, the veteran friendly campus legislation as well as legislation to establish a program for veteran friendly communities and continues to monitor the implementation and development of such programs; and

            Whereas, Because of the state’s consistent resident and citizen support of the nation’s armed forces and the West Virginia National Guard, the Legislature of West Virginia should continue to receive input on and develop measures on a continuing basis during interim periods in order to provide the best available educational, vocational, social and medical support services for our state’s military personnel and veterans that it can; and

            Whereas, The Interim Select Committee on Veterans Affairs provides the Legislature a means to continuously monitor and develop various programs and resources to assist our state’s military personnel and military veterans; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is requested to continue to conduct a study of the needs, challenges, and issues facing West Virginia military veterans, West Virginia citizens serving in the Armed Forces of the United States, the West Virginia National Guard and other military affairs of West Virginia; and, be it

            Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2016, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it

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

            On motions for leave, Joint Resolutions were introduced, read by their titles and severally referred as follows:

            By Delegates Rodighiero, Hicks, Perdue, Marcum, Reynolds, Eldridge and Moye:

            H. J. R. 5 – “Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article ten, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary then Finance.

            By Delegate L. Phillips:

            H. J. R. 6 – “Proposing an amendment to the Constitution of the State of West Virginia, amending section 1b, article X thereof, relating to exempting veterans who have a one hundred percent service-related disability from ad valorem property taxation; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary then Finance.

            By Delegate Lane:

            H. J. R. 7 – “Proposing an amendment to the Constitution of the State of West Virginia, amending Article X by adding thereto a new section, designated section one-d, relating to authorizing the exemption from ad valorem taxation of tangible personal property directly used in commercial and industrial businesses; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary then Finance.

            On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Delegates Overington, Walters, Deem, Gearheart, Household, Sobonya, Moffatt, Cadle, Foster, Frich and Blair:

            H. J. R. 8 – “Proposing an amendment to the Constitution of the State of West Virginia, amending section one, article VI thereof; amending section two, article XIV thereof; and amending said Constitution by adding a new article, designated article XV, all relating to the legislative powers held by the people of the state and the Legislature; the power of the registered voters and the power of the Legislature to propose amendments to this Constitution; and the reservation by and to the people and registered voters of this state the powers of initiative, referendum, and recall at all levels of government in this state; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary.

            Delegate Lane offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 5 - “Amending the rules of the House of Delegates, relating to requiring that a Jobs Impact Statement be attached to proposed legislation affecting employment or taxes in the state.”

            Resolved by the House of Delegates:

            That the rules of the House of Delegates be amended by adding thereto a new rule as follows:

Jobs Impact Statement

            95c. Prior to consideration, by the House or by any of its committees, of a bill that increases or decreases the revenue or fiscal liability of individual citizens, employers, the state or any of its political subdivisions or in any manner changes or modifies an existing tax or rate of taxation or in any manner proposes to enact, amend or repeal a provision generally relating to employment within the state, the bill shall have attached to it a Jobs Impact Statement. The statement must conform to the requirements of form and content as prescribed by the Jobs Impact Statement Manual prepared and adopted by the Committee on Rules.

            When required, it is the responsibility of the member introducing the bill to obtain the Jobs Impact Statement.

            This rule does not prohibit consideration of a bill where, in the opinion of the chair of the committee to which the bill has been referred or in the opinion of the Speaker, a reasonable amount of time has transpired between when a Jobs Impact Statement was requested and no statement, or an incomplete one, has been provided.

            The phrase “Jobs Impact Statement” or the initials “JS” must be clearly stamped or endorsed on the jackets of all bills that have statements attached to them.

            No act is void or voidable for noncompliance with this rule.

            This rule shall take effect on January 1, 2016.

Bills Introduced

            On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

By Delegates Hamrick, Householder, Cooper, Arvon, J. Nelson, Howell, Waxman, Ellington, Trecost, Blair and Kessinger:

            H. B. 2098 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-21, relating to health care professionals providing services in federal veterans’ affairs facilities in this state; authorizing those health care professionals to provide services to patients or residents of state-run veterans’ facilities without obtaining an authorization to practice from the appropriate licensing agency of this state”; to the Committee on Veterans’ Affairs and Homeland Security then Health and Human Resources.

By Delegates Howell, Householder, J. Nelson, Statler, Walters, Arvon, Border, Folk, Hamilton, Evans, A. and McGeehan:

            H. B. 2099 - “A Bill to amend and reenact §11-8-9 of the Code of West Virginia, 1931, as amended, relating to extending the time of meetings of local levying bodies when meetings are delayed due to circumstances beyond the control of a local levying body; providing when the Secretary of State is authorized to extend the time of meetings of local levying bodies; and authorizing the Secretary of State to adopt procedures and rules for approving extending time to meet as a levying body”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Williams, Campbell, Ellington, Hamilton and Rowan:

            H. B. 2100 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5X-1, §16-5X-2, §16-5X-3, §16-5X-4, §16-5X-5 and §16-5X-6, all relating to permitting hospital patients to designate a lay caregiver; providing definitions; requiring patient consent; requiring certain notation in medical records; permitting modifications to the lay caregiver designations; prohibiting certain construction; requiring certain notices to a lay caregiver; requiring hospital to consult with a lay caregiver to prepare for aftercare and to issue discharge plan; providing for circumstances in which hospital is unable to contact a lay caregiver; prohibiting certain construction; prohibiting use of state or federal funds for payment of a lay caregiver; prohibiting impact on state or federal funds”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Morgan, Caputo, Faircloth, Folk, Howell and R. Smith:

            H. B. 2101 - “A Bill to repeal §15-8-1, §15-8-2, §15-8-3, §15-8-4, §15-8-5, §15-8-6, §15-8-7, §15-8-8, §15-8-9, §15-8-10, §15-8-11, and §15-8-12 of the Code of West Virginia, 1931, as amended; to repeal §16-5J-5 of said code; to repeal §16-5P-7 of said code; to repeal §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5, and §16-42-6 of said code; to repeal §18-2J-1, §18-2J-2, §18-2J-3, §18-2J-4, §18-2J-5, §18-2J-6, and §18-2J-7 of said code; to repeal §18B-1C-3 of said code; to repeal §18B-14-11 of said code; to repeal §18B-16-6 of said code; to repeal §20-2B-2a of said code; to repeal §21-3A-10 of said code; to repeal §23-1-1a of said code; to repeal §29-12B-4 and §29-12B-5 of said code; to repeal §29-12C-1 and §29-12C-2 of said code; to repeal §31-16-1, §31-16-2, §31-16-3, and §31-16-4 of said code; to repeal §55-15-1, §55-15-2, §55-15-3, §55-15-4, §55-15-5 and §55-15-6 of said code; and to repeal §62-11E-1, §62-11E-2 and §62-11E-3 of said code, all relating to eliminating obsolete government entities; repealing article relating to the Sheriffs’ Bureau; repealing section relating to the Clinical Laboratories Quality Assurance Advisory Board; repealing section relating to the West Virginia Council on Aging; repealing article relating to the Comprehensive Behavioral Health Commission; repealing article relating to the Governor’s Advisory Council for Educational Technology; repealing section relating to the West Virginia Consortium for Undergraduate Research and Engineering; repealing section relating to the Governor’s Commission on Graduate Study in Science, Technology, Engineering, and Mathematics; repealing section relating to the West Virginia Rural Health Advisory Panel; repealing section relating to the Ohio River Management Fund Advisory Board; repealing section relating to the Occupational Safety and Health Review Commission; repealing section relating to the Workers’ Compensation Board of Managers; repealing sections relating to the Medical Malpractice Advisory Panel; repealing article relating to the Patient Injury Compensation Plan Study Board; repealing article relating to the Steel Advisory Commission; repealing article relating to the West Virginia Alternative Dispute Resolution Commission; and repealing article relating to the Sexually Violent Predator Management Task Force”; to the Committee on Government Organization.

By Delegates Kelly, Rowan, Pasdon, Westfall, Border, Statler, Azinger, Romine, A. Evans, Zatezalo and Sobonya:

            H. B. 2102 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-1-10, relating to prohibiting the sale of United States flags or West Virginia flags unless manufactured in the United States; and providing criminal penalty”; to the Committee on the Judiciary.

By Delegates Howell, Hamrick, Householder, Statler, Walters, Arvon, Blair, Kessinger, Border, Zatezalo and Weld:

            H. B. 2103 - “A Bill to amend and reenact §30-1-5 and §30-1-6 of the Code of West Virginia, 1931, as amended, all relating generally to boards of examination and registration; providing for public access websites for complaints against certain licensees, and requiring certain boards of examination or registration to conduct nationwide criminal background checks on all applicants for license or registration and renewal”; to the Committee on Government Organization then Finance.

By Delegates Arvon, Kessinger, Cooper, Householder, Marcum, Sobonya, Rowan, Border, Ellington, Campbell and Miller:

            H. B. 2104 - “A Bill to repeal §47-19-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-19-1, §47-19-3, §47-19-4, §47-19-5 and §47-19-7 of said code; and to amend and reenact §60A-4-403a of said code, all relating to drug paraphernalia; terminating the Tax Commissioner's authority to issue business licenses to sell paraphernalia for use with controlled substances; revoking licenses previously issued by the Tax Commissioner; clarifying the definition of drug paraphernalia; requiring the continued retention of transaction records after the revocation of licensed authority; rule-making authority; providing for enhanced penalties; effective date; criminal offense elements; and criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Anderson, Miller, Border, Kelly, R. Smith, Wagner, Williams, A. Evans, Phillips, R. Canterbury and Ireland:

            H. B. 2105 - “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; 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; 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; and establishing remedies and criminal penalties”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Gearheart, J. Nelson, Cowles, Ellington, Folk, Frich, Hamrick, Hill, Householder, Moffatt and Shott:

            H. B. 2106 - “A Bill to repeal §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-8, §24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12 of the Code of West Virginia, 1931, as amended, all relating to the Alternative and Renewable Energy Portfolio Act”; to the Committee on Energy then the Judiciary.

By Delegates Overington, Ambler, Foster, Frich, Householder, Sobonya, Moffatt, Kelly, Rowan, Zatezalo and Butler:

            H. B. 2107 - “A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required courses of school instruction generally; requiring the accumulation of one and one-half years of instruction in the study of the Declaration of Independence and other founding American historical documents including the Bill of Rights before high school graduation; and requiring study of the historical, political and social environments at the time these documents were generated; prohibiting study of social problems, economics, foreign affairs, the United Nations, world government, socialism or communism until basic courses in American state and local geography and history are completed; and misdemeanor penalty”; to the Committee on Education then the Judiciary.

By Delegates Howell, A. Evans, Cowles, Blair and Rowan:

            H. B. 2108 - “A Bill to amend and reenact §51-2A-3 of the Code of West Virginia, 1931, as amended, relating to courts and their officers; family courts; and adding one family court judge to the twenty-third family court circuit”; to the Committee on the Judiciary then Finance.

By Delegates Howell, Rowan, Hamilton, Storch, Moffatt, Hamrick, Householder, Walters, Blair, Zatezalo and McGeehan:

            H. B. 2109 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-28-1, relating to regulation of firearms, firearms accessories and ammunition”; to the Committee on the Judiciary.

By Delegates Howell, Moye, Storch, Moffatt, Hamrick, Householder, Statler, Walters, Arvon, Blair and Kessinger:

            H. B. 2110 - “A Bill to amend and reenact §11-6F-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-13S-3 and §11-13S-4 of said code, all relating generally to the tax treatment of manufacturing entities generally; amending definition of manufacturing for purposes of special method for appraising qualified capital additions to manufacturing facilities for property tax purposes; amending definition of manufacturing for purposes of manufacturing investment tax credit; and the amount of credit allowed for manufacturing investment, to include small arms manufacturing”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates Howell, Rowan, Moffatt, Hamrick, Householder, J. Nelson, Statler, Walters, Arvon, Kessinger and A. Evans:

            H. B. 2111 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5 and §11-6L-6, all relating to providing a special method for valuation of certain wireless technology property for property taxes; defining terms; providing mandated salvage valuation of certain wireless businesses' property; specifying method for valuation of certain property; requiring initial determination by county assessors of whether certain property is subject to this article; and specifying procedure for protest and appeal of determination by county assessor”; to the Committee on the Judiciary then Finance.

By Delegates Rodighiero, Hicks, Perdue, Marcum, Reynolds, Eldridge and Moye

            H. B. 2112 - “A Bill to amend and reenact §18-5D-2, §18-5D-3 and §18-5D-4 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Feed to Achieve Act; and providing that school nutrition plans include take home meals for low income students or any student who requests take home meals”; to the Committee on Education then Finance.

By Delegates Rodighiero, Hicks, Perdue, Marcum, Reynolds, Eldridge and Moye:

            H. B. 2113 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to personal income tax; and increasing the amount of retirement income to be excluded from the gross income of individuals receiving retirement benefits under the West Virginia Public Employees Retirement System or the West Virginia State Teachers Retirement System”; to the Committee on Pensions and Retirement then Finance.

By Mr. Speaker, Mr. Armstead, and Delegate Miley

            [By Request of the Executive]:

            H. B. 2114 - “A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act; and specifying effective dates”; to the Committee on Finance.

By Mr. Speaker, Mr. Armstead, and Delegate Miley

            [By Request of the Executive]:

            H. B. 2115 - “A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of the term ‘federal taxable income’ and certain other terms used in the West Virginia Corporation Net Income Tax Act; and specifying effective dates”; to the Committee on Finance.

By Delegate Lane

            H. B. 2116 - “A Bill to amend and reenact §3-6-5 of the Code of West Virginia, 1931, as amended, relating to elections and write-in candidates; eliminating straight ticket voting; and updating language on write-in candidates”; to the Committee on the Judiciary.

By Mr. Speaker, Mr. Armstead, and Delegate Miley

            [By Request of the Executive]:

            H. B. 2117 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-19b, relating to providing criminal penalties for using automated telephone calls to disseminate false, misleading or deceptive information with the intent to create panic, incite violence or cause harm during a proclaimed state of emergency or state of preparedness”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

By Mr. Speaker, Mr. Armstead, and Delegate Miley

            [By Request of the Executive]:

            H. B. 2118 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-6a, relating to school nutrition standards during a state of emergency or state of preparedness; authorizing Governor or Legislature to temporarily suspend legislative rules establishing nutrition standards for foods and beverages served to students in public schools during a state of emergency or state of preparedness; and providing limitations”; to the Committee on Veterans’ Affairs and Homeland Security then Education.

By Delegates Howell, Moffatt, Hamrick, Householder, J. Nelson, Statler, Walters, Arvon, Blair, Kessinger and Zatezalo:

            H. B. 2119 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-32-1, §22-32-2, §22-32-3 and §22-32-4, all relating to creating the Intrastate Coal and Use Act; establishing that the environmental regulation of coal and certain coal products mined and used within the state are exclusively regulated by the West Virginia Department of Environmental Protection; stating the legislative authority; and defining terms”; to the Committee on Energy then the Judiciary.

By Delegates Howell, Householder, Hamrick, Statler, Moffatt, Walters, Blair, Kessinger, Zatezalo, Frich and Hamilton:

            H. B. 2120 - “A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-7-4a, all relating to endorsements to licenses to carry a concealed deadly weapon in order to authorize the grantee of an endorsement to carry a concealed pistol or revolver onto the grounds of the State Capitol Complex; providing an exception to the crime of carrying a deadly weapon onto the Capitol Complex; describing the effect and scope of an endorsement; establishing a process for application and investigation of applications; setting a fee for application; specifying grounds for the denial or revocation of an endorsement; providing for judicial review of the denial or revocation of an endorsement; and creating a special revenue account to be used to meet the costs of administering the program”; to the Committee on the Judiciary.

By Delegates Howell, Householder, J. Nelson, Hamrick, Statler, Walters, Border, Frich, Hamilton, A. Evans and McGeehan:

            H. B. 2121 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §2-4-1, §2-4-2 and §2-4-3, all relating to establishing a policy for formal recognition of Indian tribes”; to the Committee on Government Organization then the Judiciary.

By Delegates Ambler, Cooper, Howell, Householder, Walters, R. Smith, Canterbury and Gearheart:

            H. B. 2122 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-12-16, relating to making it illegal for anyone to photograph a corpse except for certain legitimate purposes; and providing criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Rodighiero, Hicks, Perdue, Marcum, Reynolds and Eldridge:

            H. B. 2123 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-8-1b, relating to requiring students to attend school until the age of eighteen”; to the Committee on Education then the Judiciary.

By Delegates R. Smith, Phillips, R. Moffatt, Gearheart, Marcum, Border, D. Evans, Kessinger, Zatezalo and J. Nelson:

            H. B. 2124 - “A Bill to amend and reenact §22A-2-37 of the Code of West Virginia, 1931, as amended, relating to underground coal mines; requiring maintenance of haulage roads within one thousand feet of the working face in an underground coal mine”; to the Committee on Energy.

By Delegates R. Smith, Cadle, L. Phillips, J. Nelson, Faircloth, Folk, Moffatt, Gearheart, Wagner, Marcum and Ambler:

            H. B. 2125 - “A Bill to amend and reenact §22A-2-6 of the Code of West Virginia, 1931, as amended, relating to movement of mining equipment in underground coal mines; requiring that mining equipment being transported or trammed underground where energized trolley wire exists, other than ordinary sectional movement, be done by qualified personnel under supervision of a certified foreman”; to the Committee on Energy then the Judiciary.

By Delegates R. Smith, Faircloth, Folk, Moffatt, Gearheart, Wagner, Marcum, Border, D. Evans, Ambler and Kessinger:

            H. B. 2126 - “A Bill to amend and reenact §22A-1A-1 of the Code of West Virginia, 1931, as amended, relating to substance abuse screening of persons certified to perform a duty in the operation of a mine by the Office of Miners’ Health, Safety and Training administration; and permitting the immediate temporary suspension, suspension or revocation of a certificate held by a certified person subject to a collective bargaining agreement until the arbitration has concluded and the discharge upheld of a person who has tested positive for certain drugs or alcohol, refused to submit a sample for screening, possessed or submitted a substituted sample, or possessed or submitted an adulterated sample for testing”; to the Committee on Industry and Labor then the Judiciary.

By Delegates Howell, Householder, Border, Canterbury, Sobonya, R. Smith, Blair, Kessinger, Arvon, Zatezalo and Frich:

            H. B. 2127 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-25, relating to corporation net income tax for manufacturers of medical devices; allowing taxpayers a credit against corporation net income tax in the amount of federal medical device tax paid”; to the Committee on Finance.

By Delegates Howell, Hamrick, Householder, Statler, Moffatt, Walters, Arvon, Blair, Kessinger, Border and Frich:

            H. B. 2128 - “A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting those individuals who have been issued concealed weapons permits to keep loaded firearms in their motor vehicles on the state Capitol Complex grounds if the vehicles are locked and the weapons are out of normal view”; to the Committee on the Judiciary.

By Delegates Overington, Foster, Frich, Householder, Moffatt, Faircloth, Hamilton, Rowan, Espinosa, Upson and Butler:

            H. B. 2129 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §1-2-2a, relating to requiring that the Redistricting Office of the Joint Committee on Government and Finance plan and propose congressional and legislative districts; providing specific criteria that the redistricting office must observe in proposing district mappings; requiring the redistricting office to advertise a proposed draft map of districts to the public; requiring the redistricting office to recommend redistricting plan to the Legislature; requiring the full Legislature to vote on plan ratification; providing for subsequent submissions of plans and vote by Legislature; requiring that commission certify to the Secretary of State that its final proposal for district boundaries is in accordance with constitutional and legal requirements; and prohibiting certain persons from influencing or attempting to influence district mapping proposals of the redistricting office”; to the Committee on the Judiciary.

By Delegates Westfall, Pasdon, Espinosa, Hamrick, McCuskey, Stansbury, B. White, and Ihle:

            H. B. 2130 - “A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to enhanced charges and penalties for assaults and batteries of law-enforcement officers and defining law-enforcement officers”; to the Committee on the Judiciary.

By Delegates Howell, J. Nelson, Statler, Moffatt, Walters, Arvon, Blair, Kessinger, Border, Zatezalo and McGeehan:

            H. B. 2131 - “A Bill to amend and reenact §30-27-3 and §30-27-11a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-27-11b, all relating to shampoo assistants and persons practicing hair braiding; exempting shampoo assistants and persons practicing hair braiding from oversight and regulation by the Board of Barbers and Cosmetologists”; to the Committee on Government Organization then Finance.

By Delegates Howell, Householder, Statler, Moffatt, Arvon, Morgan, Blair, Kessinger, Border, Zatezalo and Folk:

            H. B. 2132 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-8A-1, §16-8A-2, §16-8A-3, §16-8A-4, §16-8A-5, §16-8A-6, §16-8A-7, §16-8A-8, §16-8A-9, §16-8A-10 and §16-8A-11; to amend and reenact §30-27-1, §30-27-3, §30-27-6 and §30-27-11a of the code; and to amend said code by adding thereto a new section, designated §30-27-1a, all relating to barbers, cosmetologists and shampoo assistants; exempting basic barbers from licensure by the Board of Barbers and Cosmetologists; authorizing the practice of basic barbering; establishing qualifications and requirements to practice basic barbering; establishing a basic barber permit system; establishing a basic barber apprenticeship program; establishing requirements for the operation of basic barber shops; establishing health certificate requirements for basic barbers and apprentices; requiring annual inspections of basic barber shops; limiting continuing education requirements for licensed barbers; exempting basic barbers from continuing education requirements; requiring the Board of Barbers and Cosmetologists to approve certain continuing education courses; revoking the authority of the Board of Barbers and Cosmetologists to establish a shampoo assistant permit; and revising requirements and limitations for shampoo assistants”; to the Committee on Government Organization then Finance.

By Delegates Howell, Arvon, Hill, Stansbury, Cadle, Ihle, Blair, Kessinger, Hamrick, McGeehan and R. Phillips:

            H. B. 2133 - “A Bill to amend and reenact §30-27-6 of the Code of West Virginia, 1931, as amended, relating to continuing education requirements for barbers and cosmetologists; requiring the board of Barbers and Cosmetologists to approve certain continuing education courses for licensees, permitees, certificate holders and registrants”; to the Committee on Government Organization.

By Delegates Hamilton, Perry, Cadle and Rowan:

            H. B. 2134 - “A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to authorizing persons to carry handguns into a building housing a court”; to the Committee on the Judiciary.

By Delegates Hamilton, Ferro, Longstreth and Rowan

            H. B. 2135 - “A Bill to amend and reenact §17B-2-12 of the Code of West Virginia, 1931, as amended, relating to extending the expiration of driver’s licenses for active military members’ spouses”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates R. Phillips, H. White, Walters, Eldridge, Marcum, Byrd, R. Smith, Reynolds, Storch, Moffatt and E. Nelson:

            H. B. 2136 - “A Bill to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for the transportation of controlled substances into the state”; to the Committee on the Judiciary then Finance.

By Delegates R. Phillips, H. White, Walters, Eldridge, Marcum, Smith, R. Reynolds, Storch, Moffatt, Sponaugle and Ashley:

            H. B. 2137 - “A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to changing the way counties pay for regional jail inmates from a per diem rate to an hourly rate”; to the Committee on the Judiciary then Finance.

By Delegates Folk, Gearheart, Householder, Howell, J. Nelson, Ireland, Faircloth, Williams, Lynch, Shott and McGeehan:

            H. B. 2138 - “A Bill to amend and reenact §19-25-5 of the Code of West Virginia, 1931, as amended, relating to adding aircraft operations on private airstrips and farms to the definition of ‘recreational purpose’ for the purpose of limiting the liability of landowners”; to the Committee on the Judiciary.

By Delegates Perry, Pasdon, L. Phillips, Hamrick, Rowan, Ambler, Cooper, Espinosa, Pethtel, Romine and Longstreth:

            H. B. 2139 - “A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes; requiring days of retirement before instructional term employed as substitute; requiring electronic posting of vacancy; requiring preemployment submission of information to, and verification of compliance by, state board prior to submission to retirement board; resetting expiration date of provisions; and making other technical improvements”; to the Committee on Education then Finance.

By Delegates Perry, Pasdon, Hamrick, Rowan, Ambler, Cooper, Romine, Moye, Hartman and Williams:

            H. B. 2140 - “A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended, relating to building governance and leadership capacity of county board during period of state intervention; providing flexibility on strategic plans; authorizing removal, subject to reemployment, of will and pleasure employees of the county superintendent during intervention in operation of school system; requiring during periods of intervention, county board goals and action plans for improvement and sustained success to end intervention in not more than five years; specifying minimum components of goals and action plans; requiring annual assessment and report of readiness of county to accept return and sustain improvement; requiring public hearing if determination made at fifth annual assessment the county board not ready; continued intervention allowed only after hearing; requiring continued supports as needed for three years following end of intervention; and requiring public hearing for another intervention within this three years”; to the Committee on Education then Finance.

By Delegates J. Nelson, Householder, Moffatt, Walters, R. Smith, McGeehan, Folk, Faircloth, Gearheart, Hill and D. Evans:

            H. B. 2141 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-21, relating to air pollution control; providing that regulation of wood burning appliances is subject to the approval of the Legislature under the authority of the Tenth Amendment to the Constitution of the United States; and providing that rules relating to enforcement of performance standards for residential wood burning heaters or appliances may not become effective unless first approved by the Legislature”; to the Committee on the Judiciary.

By Delegates J. Nelson, Householder, Moffatt, Howell, Walters, Westfall, R. Smith, Folk, McGeehan, Frich and A. Evans:

            H. B. 2142 - “A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to the assessment of personal property; exempting recreational vehicles from taxable personal property; and defining a term”; to the Committee on Roads and Transportation then Finance.

By Delegates Faircloth, Folk, R. Smith, Hamilton, Householder, Frich, A. Evans and Ireland:

            H. B. 2143 - “A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-42z, all relating to creating a hunting license permitting crossbow hunting; and providing rule-making authority”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Hamilton, A. Evans, Rowan, Romine, Folk, Faircloth, Canterbury, Ferro, Lynch, Williams and Sponaugle:

            H. B. 2144 - “A Bill to repeal §20-2-5q and §20-2-42w of the Code of West Virginia, 1931, as amended; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-5 and §20-2-22a of said code, all relating to permitting crossbow hunting; and defining terms”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates J. Nelson, Moffatt, Folk, McGeehan, Faircloth and Hill:

            H. B. 2145 - “A Bill to amend and reenact §8-12-5a of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-6 and §61-7-6a of said code, all relating to exceptions to prohibitions against carrying one or more concealed deadly weapons and reciprocity agreements for licenses to carry concealed weapons; and providing that any law-abiding person twenty-one years of age or older may carry a concealed deadly weapon anywhere within the boundaries of the state, including on or within municipally owned or controlled buildings, recreation centers or properties, without first obtaining a license to carry concealed deadly weapons”; to the Committee on the Judiciary then Finance.

By Delegates J. Nelson, Miller, Hamrick, Householder, Walters, Westfall, R. Smith, McGeehan, Arvon, Gearheart and Pasdon:

            H. B. 2146 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-19, relating to allowing a public school's recognition of, and education, regarding traditional winter celebrations”; to the Committee on Education then the Judiciary.

By Delegates Folk, Hamilton, Frich, Shott, Householder, Ireland, Weld, Gearheart, Hanshaw and Azinger:

            H. B. 2147 - “A Bill to amend and reenact §44A-2-7 of the Code of West Virginia, 1931, as amended, relating to appointing counsel for an alleged protected person; and requiring the circuit court to make appointments from a listing of all interested and qualified attorneys in the circuit and on a rotating basis”; to the Committee on the Judiciary.

By Delegates Gearheart, Hamrick, R. Smith, E. Nelson, Howell, Arvon, Butler, Azinger, Espinosa, Frich and Kessinger:

            H. B. 2148 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-5D-1, §17C-5D-2, §17C-5D-3, §17C-5D-4, §17C-5D-5, §17C-5D-6, §17C-5D-7, §17C-5D-8, §17C-5D-9 and §17C-5D-10; and to amend and reenact §60-6-9 of said code, all relating to conforming the motor vehicle law of this state to the requirements of section 1405(a) of the federal Transportation Equity Act for the Twenty-first Century (23 U.S.C. §154), as amended, which requires states to enact and enforce a law that prohibits the consumption of an alcoholic beverage or the possession of an open alcoholic beverage container in the passenger area of a motor vehicle that is located on a public highway or the right-of-way adjacent to a public highway”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Folk, J. Nelson, McGeehan, Frich, Faircloth, Hamilton, A. Evans, Gearheart, Householder, Shott and Butler:

            H. B. 2149 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-4a, relating to dangerous weapons; license to carry a concealed weapon; and providing an exemption of license information from disclosure under the West Virginia Freedom of Information Act”; to the Committee on the Judiciary.

By Delegates Howell, Hamrick, J. Nelson, Statler, Walters, Arvon, Blair, Kessinger, Weld, McGeehan and Kurcaba:

            H. B. 2150 - “A Bill to amend and reenact §17C-15-34 of the Code of West Virginia, 1931, as amended, relating to motor vehicle equipment; prohibiting the modification of mufflers resulting in excessive noise levels; and providing an exception”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Perry, Pasdon, L. Phillips, Rowan, Ambler, Cooper, Espinosa, Pethtel, Romine, Longstreth and Moye:

            H. B. 2151 - “A Bill to amend and reenact §18-2-1 of the Code of West Virginia, 1931, as amended, relating to making the West Virginia state teacher of the year an ex officio, nonvoting member of the West Virginia Board of Education”; to the Committee on Education.

By Delegates Perry, Pasdon, L. Phillips, Hamrick, Rowan, Ambler, Espinosa, Hartman, Moye and Williams:

            H. B. 2152 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to prohibiting the publication of the identities of persons who have been issued licenses to carry a concealed deadly weapon”; to the Committee on the Judiciary.

By Delegates Perry, Pasdon, Hamrick, Rowan, Ambler, Espinosa, Romine, A. Evans, Hamilton, Canterbury and Moye:

            H. B. 2153 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6, §16-2M-7, §16-2M-8, §16-2M-9 and §16-2M-10, all relating to abortions generally and protecting unborn children who are capable of experiencing pain by prohibiting abortion after twenty weeks post-fertilization except when the mother has a medical emergency and providing for civil remedies and remedies at law; stating legislative findings; definitions; creating felony criminal penalties; and creating a Special Revenue Fund known as the ‘West Virginia Pain-Capable Unborn Child Protection Act Litigation Fund’”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Perry, Hamilton, L. Phillips, Romine, Rowan, Moye, Longstreth, Hartman and Williams:

            H. B. 2154 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22l; and to amend said code by adding thereto a new section, designated §18-7A-26w, all relating to providing a yearly bonus payable in July of every year starting in 2015 for retired public school teachers and state retirees”; to the Committee on Pensions and Retirement then Finance.

By Delegates Perry, Longstreth, L. Phillips, Pethtel, Rowan, Moye, Hartman, Williams and Fleischauer:

            H. B. 2155 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-1b, relating to increasing pay to teachers and service personnel over a four year period”; to the Committee on Education then Finance.

By Delegates Eldridge, R. Phillips, Marcum, Rodighiero, Moffatt, O’Neal, Campbell, H. White and Howell:

            H. B. 2156 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-34a, relating to the State Board of Education; providing for the awarding of a posthumous high school diploma to parents of a high school senior who dies during the senior year; providing exceptions; and designating as ‘Todd's Law’”; to the Committee on Education then Finance.

By Delegate Lane:

            H. B. 2157 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-9-14, relating to absentee ballot fraud, intimidation of voters; and providing felony criminal penalties”; to the Committee on the Judiciary.

By Delegate Lane:

            H. B. 2158 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5 and §5B-2H-6, all relating to creating the Jobs Impact Statement Act; requiring that the college of business of either West Virginia University or Marshall University prepare a jobs impact statement when requested to do so for certain proposed legislation by the Governor or leader of either house of the Legislature; outlining the contents of the jobs impact statement; providing that this article does not affect the validity of legislation, restrict consideration of pending legislation or otherwise alter, amend or invalidate any rule of the Senate, the House of Delegates or joint rules of the Senate and House of Delegates; and describing the manner in which copies of the jobs impact statement shall be made available”; to the Committee on the Judiciary then Finance.

By Delegate Lane:

            H. B. 2159 - “A Bill to amend and reenact §3-1-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11a of said code; to amend and reenact §3-5-4 and §3-5-13a of said code; and to amend and reenact §51-1-1 of said code, all relating to the nonpartisan election of justices to the Supreme Court of Appeals beginning in 2016; providing for a nonpartisan judicial office on the voting ballot; and setting forth how the justices are to be selected in the primary and general elections”; to the Committee on the Judiciary then Finance.

By Delegates Rowan, Cowles, Perry, Williams, Hamilton, Anderson, Pasdon, Duke, Espinosa, Miley and E. Nelson:

            H. B. 2160 - “A Bill to amend and reenact §18-9D-2, §18-9D-3, §18-9D-4c and §18-9D-16 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-9D-22, all relating to making the West Virginia Schools for the Deaf and Blind eligible to participate in any and all funding administered or distributed by the West Virginia School Building Authority”; to the Committee on Education then Finance.

By Delegates Fleischauer, Pasdon, Storch, Guthrie, Border, L. Phillips, Moore, Hamilton, Sobonya, Miller and Manchin:

            H. B. 2161 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5 and §15-14-6; to amend and reenact §61-2-17 of said code; to amend said code by adding thereto a new section, designated §61-2-17a; to amend said code by adding thereto a new section, designated §61-2-17b; and to amend and reenact §62-1D-8 of said code, all relating to adopting the Uniform Act on Prevention of and Remedies for Human Trafficking; creating a Commission on the Prevention of Human Trafficking; requiring the public posting of hotline information in certain business and public locations; making services available to victims of human trafficking; providing victims immunity from criminal prosecution for certain crimes directly resulting from human trafficking; changing the definition of human trafficking; expanding criminal remedies and enforcement tools to combat human trafficking and allowing victims to petition the circuit court to vacate and expunge a conviction for certain crimes directly resulting from human trafficking”; to the Committee on the Judiciary then Finance.

Daily Calendar

First Reading

            Com. Sub. for H. B. 2001, Repealing portions of the Alternative and Renewable Energy Portfolio Act; on first reading, coming up in regular order, was read a first time and ordered to second reading.

            Delegate Marcum asked and obtained unanimous consent that he be added as a cosponsor of H. B. 4097, Creating the Hatfield-McCoy Regional Recreation Authority Fund.

            At 11:15 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 21, 2015.