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

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 Thursday, February 5, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Delegate Miller, Chair of the Committee on Small Business, Entrepreneurship and Economic Development, submitted the following report, which was received:

Your Committee on Small Business, Entrepreneurship and Economic Development has had under consideration:

H. B. 2444, Providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals,

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

Delegate McCuskey, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

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 (H. B. 2536) was referred to the Committee on the Judiciary.

Delegate McCuskey, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

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

In accordance with the former direction of the Speaker, the bill (H. B. 2461) was referred to the Committee on the Judiciary.

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

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

Chairman Shott, from the Committee on the Judiciary, submitted the following report, which was received:

H. B. 2266, Relating to the publication requirements of the administration of estates,

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

Com. Sub. for H. B. 2266 - “A Bill to repeal §44-2-2 and §44-2-3 of the Code of West Virginia, 1931, as amended, and to amend and reenact §44-1-14a of said code, relating to the publication requirements of the administration of estates,”

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

In the absence of objection, reference of the bill (Com. Sub. For H. B. 2266) to the Committee on was abrogated.

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

Com. Sub. for S. B. 7, Requiring CPR and care for conscious choking instruction in public schools,

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

In the absence of objection, reference of the bill (Com. Sub. for S. B. 7) to the Committee on Finance was abrogated.

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

H. B. 2377, Authorizing State Board of Education to approve certain alternatives with respect to instructional time,

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 Judiciary.

In accordance with the former direction of the Speaker, the bill (H. B. 2377) was referred to the Committee on the Judiciary.

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

H. B. 2370, Increasing the powers of regional councils for governance of regional education service agencies,

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

Delegate Canterbury, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

H. B. 2505, Relating to retirement system participation and concurrent employment,

H. B. 2506, Relating to duty-related disability retirement in the West Virginia State Police Retirement System,

H. B. 2507, Relating to membership provisions in the West Virginia Municipal Police and Firefighters Retirement System,

H. B. 2560, Relating to disqualification for public retirement plan benefits when a participant is determined to have rendered less than honorable service,

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

In accordance with the former direction of the Speaker, the bills (H. B. 2504, H. B. 2505, H. B. 2506, H. B. 2507 and H. B. 2560) were each referred to the Committee on Finance.

Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

H. B. 2348, Board of Osteopathic Medicine to promulgate a legislative rule relating to osteopathic physician assistants,

H. B. 2497, Rewriting the licensing requirements for the practice of medicine and surgery or podiatry,

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

In accordance with the former direction of the Speaker, the bills (H. B. 2348, H. B. 2496, H. B. 2497 and H. B. 2568) were each referred to the Committee on the Judiciary.

Delegate Ireland, Chair of the Committee on Energy, submitted the following report, which was received:

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 (H. B. 2566) was referred to the Committee on the Judiciary.

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

S. B. 318 - “A Bill to amend and reenact §21-5-3 of the Code of West Virginia, 1931, as amended, relating to payment of wages by employers; and authorizing payment of employees twice a month”; which was referred to the Committee on the Judiciary.

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

S. B. 389 - “A Bill to amend and reenact §30-13-18 of the Code of West Virginia, 1931, as amended, relating to the Board of Registration for Professional Engineers; changing time period for renewal from fiscal year to calendar year; authorizing renewal notification by mail or electronically; requiring reinstatement of non renewed licenses; authorizing annual or biennial renewal periods; and authorizing legislative rules and emergency rules related to renewal and reinstatement”; which was referred to the Committee on Government Organization.

Delegate Pethtel offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 45 - “Requesting the Division of Highways to name the bridge on Route 20 over Fishing Creek, South Fork in Wetzel County, locally known as the Pine Grove Bridge, bridge number 52-20-16.04, as the ‘US Army COL William L. Glover Memorial Bridge’.”

Whereas, Colonel Glover was born in Pine Grove, West Virginia, on May 27, 1939, the son of Herdman and Merle Glover and graduated from Pine Grove High School in 1957; and

Whereas, Colonel Glover attended West Virginia University and was a member of the ROTC program, graduated in 1961 with a degree in business and entered the United States Army as a Second Lieutenant and graduated in1961 with a degree in business; and

Whereas, During his distinguished military career, Colonel Glover was stationed in France and Korea, before serving a tour of duty in Vietnam, where he was awarded the Bronze Star for his service; and

Whereas, Colonel Glover was commissioned a Colonel in 1982 with the United States Army, retired in 1991 with thirty years of honorable military service to his country and afterwards he resided in Massachusetts where he worked as a computer consultant; and

Whereas, After a brief stint in Arizona, Colonel Glover moved back to West Virginia and in 1997 married his beloved wife Nelda E. Kocher, a fellow graduate of Pine Grove High School; and

Whereas, Colonel Glover loved to sing, which lead him to record as a teenager and later in life he was a prominent voice in his church choir and performed in musicals; and

Whereas, Sadly, Colonel Glover passed away on July 20, 2012, leaving behind his wife, Nelda, sister, Beulah, a daughter, two sons, a stepdaughter, six grandchildren, three step-grandchildren and three step-great grandsons, and a legacy of dedicated public and military service to his country and to his family and friends; and

Whereas, As it was his wish, Colonel Glover was buried on January 25, 2013 in final resting place, Arlington National Cemetery; and

Whereas, It is fitting that an enduring memorial be established to commemorate a native son who so ably served his state and his country, by naming the bridge on Route 20 over Fishing Creek, South Fork in Wetzel County, locally known as the Pine Grove Bridge, bridge number 52-20-16.04, as the “US Army Colonel William L. Glover Memorial Bridge”; therefore, be it

That the Legislature hereby requests the Division of Highways to name the bridge on Route 20 over Fishing Creek, South Fork in Wetzel County, locally known as the Pine Grove Bridge, bridge number 52-20-16.04, as the “US Army COL William L. Glover Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the”US Army COL William L. Glover Memorial Bridge” and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to Colonel Glover's widow, Nelda E. Glover.

Delegates J. Nelson, Moffatt, McGeehan, Storch, Westfall, Espinosa, Folk, Butler, Ihle, Stansbury and Gearheart offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 46 - “Requesting the Division of Highways to name the bridge on County Route 85, bridge number: 03-85/24-0.01 (03A167) (37.88458, -81.65320), locally known as Clinton Camp Road Bridge, carrying CR 85/24 over Pond Fork in Boone County, the ‘U. S. Army SSG James C. Vickers and U. S. Marine Corps PFC Randall Carl Phelps Memorial Bridge’.”

Whereas, James C. Vickers was born on February 3, 1932 in Lorado, West Virginia, the son of Watt and Desta Vickers. He moved from Lorado, to Barrett, West Virginia in August, 1948. In April, 1950, he enlisted in the United States Army and took his basic training at Fort Knox, Kentucky. He completed basic training there the same month the Korean War started, June 1950. He was sent to Japan immediately for amphibious assault training with the 7^th Infantry Division. SSG James C. Vickers was assigned to B Company, 31^st Infantry Regiment, 7^th Infantry Division, and saw his first combat action in the amphibious assault at Inchon, South Korea on September 14, 1950. This landing enabled the United Nations forces to liberate the South Korean capital city of Seoul, and drive the North Koreans out of South Korea. SSG James C. Vickers made a second amphibious assault at Iwon, North Korea on October 29, 1950, as part of a push for an early end to the war. His unit was part of Taskforce Drysdale, an action to clear a number of enemy roadblocks between Koto-ri and Hagaru-ri, North Korea. His whole unit was pinned down by a .50 caliber heavy machine gun 800 to 1,000 yards away. He took out the enemy gun, protecting his unit from taking losses. SSG James C. Vickers was wounded in action a day later in the battle for the Chosin Reservoir, in weather as cold as minus thirty-two degrees. He was one of very few in his unit that was not killed or captured in the battle, as he ignored his commander’s order to surrender and fought his way back to American troops. A little over fifty years later, his actions on that day were recognized when SSG Vickers was awarded the prestigious Silver Star March 11, 2001 in a ceremony in Charleston, West Virginia, presented by the State of West Virginia Adjunct General Allen Tackett. SSG James C. Vickers distinguished himself on many occasions and is the recipient of many awards including: The Purple Heart, Combat infantry Badge, Republic of South Korea Presidential Unit Citation, Army Presidential Unit Citation W/Oak Leaf Cluster, Navy Presidential Unit Citation W/Oak Leaf Cluster, Korean Service Medal W/four Combat Stars and two Arrowheads, National Defense Service Medal, United Nations Service Medal, Army of Occupation Medal (Japan), and Army Good Conduct Medal. Upon his return from Korea in 1951, he met Janet Alice Price. They were married on March 23, 1954, and have two sons, Mark and Russell, six grandchildren, and two great-grandchildren. James C. Vickers is a proud American and veteran who enjoys speaking to service clubs, VFW’s, American Legions and schools about patriotism, military history and personal experiences. He is a member of the honor fraternity, the Chosin Few, which is for veterans who fought in the Battle of the Chosin Reservoir, in North Korea 1950; and

Whereas, Randall Carl Phelps was born June 4, 1948, in Dorothy, West Virginia to Carl William and Bernice Dale Lee Phelps. He grew up in Boone County where he graduated from Van High School in 1967. He loved baseball and played in the Pony League each summer. He was a voracious reader who teased and tormented his brother Steve and sisters, Joy, Jane and Diane without mercy. He enlisted in the United States Marine Corps and prior to his departure to Vietnam he became engaged to the love of his life, Grace Workman. Becoming a Marine was a choice for PFC Phelps, who believed in honor, duty and country. His letters home documented his belief that the people he was defending were deserving of his sacrifice. He was killed in action in Quang Tri Province, The Republic of South Vietnam, on April 8, 1968. He was a member of the United States Marine Corps, A Company, 3rd Engineering Battalion, 3^rd Marine Division, serving as a Combat Engineer. He died assisting wounded soldiers onto a Medevac chopper in the midst of a North Vietnam mortar barrage. He was awarded the Bronze Star, the Purple Heart, the National Defense Service Military Ribbon, the Vietnam Service Military Ribbon, the Defense Distinguished Service Military Ribbon and The Republic of Vietnam Gallantry Cross. On May 23, 1986, the Academic 1 Facility at Marine Corps Base Camp Lejeune in Jacksonville, North Carolina, was dedicated to PFC Phelps and seven other marines who also gave their lives for their country; and

Whereas, Naming the bridge on County Route 85, bridge number: 03-85/24-0.01 (03A167) (37.88458, -81.65320), locally known as Clinton Camp Road Bridge, carrying CR 85/24 over Pond Fork in Boone County, the “U. S. Army SSG James C. Vickers and U. S. Marine Corps PFC Randall Carl Phelps Memorial Bridge” is an appropriate recognition of their contributions to their country, state, community and Boone County; therefore, be it

That the Division of Highways is hereby requested to name the bridge on County Route 85, bridge number: 03-85/24-0.01 (03A167) (37.88458, -81.65320), locally known as Clinton Camp Road Bridge, carrying CR 85/24 over Pond Fork in Boone County, the “U. S. Army SSG James C. Vickers and U. S. Marine Corps PFC Randall Carl Phelps Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “U. S. Army SSG James C. Vickers and U. S. Marine Corps PFC Randall Carl Phelps Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, James C. Vickers and the family of Randall Carl Phelps.

Delegates Overington, Ambler, Anderson, Arvon, Azinger, Blair, Border, Butler, Cadle, Canterbury, Cooper, Deem, Ellington, Espinosa, Evans, A., Evans, D., Faircloth, Fast, Folk, Foster, Frich, Gearheart, Hamilton, Hamrick, Hill, Householder, Howell, Ihle, Ireland, Kessinger, Kurcaba, Lane, McCuskey, McGeehan, Miller, Moffatt, E. Nelson, Overington, Pasdon, Rohrbach, Romine, Rowan, Shott, Smith, R., Sobonya, Statler, Storch, Summers, Wagner, Walters, Waxman, Westfall, White, B., Zatezalo, Lynch, Moye, Perry, R. Phillips, H. White and Williams offered the following resolution, which was read by its title and referred to the Committee on the Judiciary then Rules.

H. C. R. 47 - “Calling on and applying to the United States Congress to call a convention of the states, under the authority reserved to the States in Article V of the United States Constitution, limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.”

Whereas, Article IV, Section 4 of the Constitution of the United States guarantees to every state a Republican form of government which gives each state equal standing when calling for an Amendments Convention. Article V of the Constitution of the United States reserves to the several states the right to call for a Convention for the purpose of amending the United States Constitution when Congress or the courts or both Congress and the courts refuse to address an egregious wrong suffered by the people; and

Whereas, The states alone have the authority to “limit” the agenda and authority of a Convention. The states alone can call for a “Single Issue” convention by agreeing among themselves the purpose, terms, conditions, duration, and agenda for the Convention. Congress does not have the authority to define a “Single Issue” Convention. The authority of Congress, under Article V of the United States Constitution, empowers it to convene a convention as called for and defined by the several states; and

Whereas, The Founders of our Constitution empowered State Legislators to be guardians of liberty against future abuses of power by the federal government which has created a crushing national debt through improper and imprudent spending; and

Whereas, The federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent, and the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and

Whereas, It is the solemn duty of the States to protect the liberty of our people—particularly for the generations to come—by proposing Amendments to the Constitution of the United States through a Convention of the States under Article V for the purpose of restraining these and related abuses of power; therefore, be it

That the State of West Virginia hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a Convention of the States limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress. Absolutely no other business will be authorized at this convention; and, be it

Further Resolved, That the Clerk forward a copy of this resolution, Legislative Call and application to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, and copies to the members of the said Senate and House of Representatives from this State; also to transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation; and, be it

Further Resolved, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two thirds of the several states have made applications on the same subject.

Delegates McGeehan, Folk, J. Nelson and Ihle offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 48 - “Requesting the Congress of the United States to repeal the Federal Reserve Act, abolish the Federal Reserve System and abolish the Board of Governors of the Federal Reserve System.”

Whereas, Article 1, Section 8, Clause 5 of the United States Constitution grants to Congress the exclusive authority to coin money and regulate the value of the currency; and

Whereas, The Constitution does not give Congress the authority to delegate control over monetary policy to a central bank; and

Whereas, The Federal Reserve System erodes the American standard of living, harms the average American, and manipulates the credit of the United States through inflationary monetary policy; therefore, be it

That the State of West Virginia hereby respectfully urges the Congress of the United States to repeal the Federal Reserve Act, abolish the Federal Reserve System and abolish the Board of Governors of the Federal Reserve System; and, be it

Further Resolved, That the State of West Virginia forward official copies of the resolution to the President of the United States, to the President of the Senate and Speaker of the House of Representatives of the United States Congress with the request that this resolution be officially entered into the Congressional Record as a memorial to the Congress of the United States of America.

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

By Delegates Westfall, Pasdon, Hamrick, Ambler, Cooper, Upson, Statler, Kurcaba, Duke, Rohrbach and Espinosa:

H. B. 2632 - “A Bill to amend and reenact §5A-3-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-2E-7 of said code; and to amend and reenact §18-9A-10 of said code, all relating to procurement of instructional materials, digital content resources, instructional technology, hardware, software, telecommunications and technical services for use in and in support of public schools; exempting procurement of these items from division of purchasing requirements; removing outdated language and updating name of state technology plan; requiring the State Board of Education to define ‘equitable distribution’; requiring certain technology tools to adhere to state contract prices; adding personalized learning as potential student use for technology; providing for technology system specialists; and removing expired transitional funding language and references to the twenty-first century”; to the Committee on Education then Finance.

H. B. 2633 - “A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding a new article, designated §16-46-1 and §16-46-2 of said code; to amend and reenact §60-3A-17 of said code; and to amend and reenact §60-8-4 of said code, all relating to funding for substance abuse services through increased taxes on beer, wine and liquor; increasing the barrel tax on nonintoxicating beer; increasing the tax on purchases of liquor; increasing the liter tax; creating a Prevention, Intervention, Treatment and Recovery Fund to fund substance abuse programs”; to the Committee on Health and Human Resources then Finance.

H. B. 2634 - “A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as amended, relating to increasing the excise tax on cigarettes and all other tobacco products; establishing a special revenue account; and designating where the additional revenues are to be transferred”; to the Committee on Health and Human Resources then Finance.

H. B. 2635 - “A Bill to amend the Code of West Virginia, 1931, as amended by adding there to a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, and §5-30-5, all relating to state recognition of Native American tribes; defining terms; designating certain tribes as recognized by the state; establishing criteria for state recognition of additional tribes; authorizing unique trademarks for certain arts and crafts; prohibiting gambling; and providing penalty for unauthorized use of trademark”; to the Committee on Government Organization then the Judiciary.

By Delegates Folk, R. Phillips, Faircloth, McGeehan, J. Nelson, Householder, Butler, Marcum, Frich, H. White and Shott:

H. B. 2636 - “A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-4 of said code, all relating to concealed weapons permits; exempting information contained in a concealed weapon permit application from the Freedom of Information Act; protecting the confidentiality of information collected in an application for a concealed weapon permit; and providing criminal penalties”; to the Committee on the Judiciary.

H. B. 2637 - “A Bill to amend and reenact §33-11-2 and §33-11-3 of the Code of West Virginia, 1931, as amended, all relating to clarifying that insurance adjusters are not considered insurers for the purposes of the unfair trade practices act”; to the Committee on Banking and Insurance then the Judiciary.

H. B. 2638 - “A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to personal property tax; exempting motor vehicles from personal property tax”; to the Committee on Roads and Transportation then Finance.

H. B. 2639 - “A Bill to amend and reenact §11-21-3 of the Code of West Virginia, 1931, as amended, relating to abolishing the Personal Income Tax”; to the Committee on Finance.

H. B. 2640 - “A Bill to amend and reenact §20-1-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-2-5 of said code, all relating to increasing buck firearms season by one week; permitting a season bag limit of four deer; requiring county commissions be consulted in determining and scheduling buck firearms season; permitting Sunday hunting in all fifty-five counties; and requiring rule-making”; to the Committee on Agriculture and Natural Resources then the Judiciary.

H. B. 2641 - “A Bill to amend and reenact §49-1-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §49-5-2a, §49-5-3, §49-5-11, §49-5-11a, §49-5-13, §49-5-13a, §49-5-14, §49-5-15, §49-5-17, and §49-5-20 of said code; to amend said code by adding thereto four new sections, designated §49-5-13h, §49-5-13i, §49-5-22 and §49-5-23; to amend and reenact §49-5B-4 and §49-5B-5 of said code; to amend and reenact §49-5D-3 and §49-5D-3c of said code; to amend and reenact §49-5E-2 of said code; and to amend said code by adding thereto two new sections, designated §49-5E-9 and §49-5E-10, all relating generally to juvenile justice reform; defining terms; providing mandatory prepetition diversion process for juveniles who commit status offenses and misdemeanor offenses effective July 1, 2016; establishing a prepetition review team; providing that a juvenile may be referred to a truancy diversion specialist prior to the filing of a petition; permitting the court to order completion of community services; requiring the court to consider the results of the risk and needs assessment of the juvenile prior to dispositional proceedings; requiring inclusion of accepted treatment and rehabilitation goals for juveniles in certain findings of fact; providing that a juvenile adjudicated as a status offender may not be placed in out-of-home placement in certain circumstances; providing that a juvenile adjudicated delinquent for a misdemeanor offense may not be placed in out-of-home placement in certain circumstances; requiring the court to issue certain findings of fact if a juvenile is to be placed in a residential facility; providing for a standardized screener to conduct a psychological evaluation of the juvenile in certain circumstances; providing that a court shall make all reasonable efforts to keep the juvenile in his or her home; permitting the court to include reasonable and relevant orders to parents in its disposition order for a juvenile; providing that juveniles may only be transferred to juvenile diagnostic centers under certain circumstances; authorizing the creation of restorative justice programs; establishing individualized case planning; establishing review and modification procedures for probation dispositional orders; authorizing the Supreme Court of Appeals to develop community-based juvenile probation sanctions and incentives; requiring an aftercare plan for all juvenile out-of-home placements; providing for disclosure of juvenile records to Department of Health and Human Resources social workers for case planning and to the juvenile’s family; providing for adoption of a risk and needs assessment and validation thereof; providing for aggregate data collection related to outcomes and disproportional minority contact; requiring dedication of a percentage of funding for community services to evidence-based practices; establishing criteria for transition to the juvenile’s home setting following an out-of-home placement; providing for cooperative agreements solely between the Department of Health and Human Resources and private agencies to house status offenders; providing for multidisciplinary team meetings; establishing the members of the multidisciplinary team; providing that the multidisciplinary team shall advise the court on treatment and rehabilitation goals for the juvenile; providing that the multidisciplinary team shall monitor the juvenile’s progress; providing that the Director of the Division of Juvenile Services may transfer custody of a juvenile to the Department of Health and Human Resources; establishing community-based youth reporting centers; establishing the Juvenile Justice Reform Oversight Committee; and making technical revisions”; to the Committee on the Judiciary then Finance.

By Delegates Gearheart, Ambler, Cooper, Householder, Hamrick, R. Smith, Faircloth and Storch:

H. B. 2642 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-3-9c, relating to reduction of personnel employed by the West Virginia Department of Education; legislative findings; establishing a maximum ratio of the number of employees of the department to the number of students enrolled in the state after June 30, 2017; and requiring the state superintendent to establish a policy to attain the ratio”; to the Committee on Education then Finance.

By Delegates Overington, Walters, Householder, Faircloth, Espinosa, Upson, Cadle, Foster, Fast, Westfall and Blair:

H. B. 2643 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3, §21-5G-4, §21-5G-5, §21-5G-6, §21-5G-7 and §21-5G-8, all relating to establishing the West Virginia Right to Work Law; prohibiting any requirement that a person become or remain a member of a labor organization as a condition of employment; prohibiting any requirement that a person must pay dues or other fees to a labor organization; prohibiting any requirement that a person contribute to a charity in lieu of paying dues or other fees to a labor organization; providing that certain agreements or practices between labor organizations and employers are null and void; providing for monetary penalties; providing for injunctive relief; providing for a private cause of action for damages and attorney’s fees; providing exceptions; requiring prosecuting attorneys and the Attorney General to investigate complaints; and defining a term”; to the Committee on the Judiciary.

H. B. 2644 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-20a, relating to trapping coyote; and checking traps once every seventy-two hours”; to the Committee on Agriculture and Natural Resources then the Judiciary.

H. B. 2645 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3-1d; and to amend and reenact §18A-3-2a of said code; and to amend and reenact §18C-4A-1, §18C-4A-2, and §18C-4A-3 of said code, all relating to education; providing for critical need alternative teaching certificates to teach in subject areas, public schools or geographic areas of the state in which a critical teacher shortage exists, as determined by the State Board of Education; setting forth certificate eligibility requirements; providing for orientation program for critical need alternative teaching certificate holder; providing for training, support and evaluation of critical need alternative teaching certificate holder; setting forth requirements for renewing critical need alternative teaching certificate; requiring State Board of Education to promulgate legislative rule or rules related to implementation of critical need alternative learning certificates; expanding class of teachers that are eligible to receive assistance from Underwood-Smith Teacher Loan Assistance Program; and increasing annual amount of assistance available from Underwood-Smith Teacher Loan Assistance Program”; to the Committee on Education then Finance.

By Delegates R. Phillips, J. Nelson, Butler, Marcum, Eldridge, Ashley, Walters, Hanshaw, Hartman, McCuskey and H. White

H. B. 2646 - “A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new section, designated §9A-1-11b; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to legalizing and regulating the sale and use of fireworks; eliminating the prohibition on the sale, possession and explosion of fireworks; eliminating the requirement that the State Fire Marshal seize and destroy fireworks and combustibles illegally held; eliminating the prohibition on nonresidents without in-state legal counsel to obtain a permit for conducting of a pyrotechnic display; eliminating the sparkler and novelty registration fee; eliminating certain defined terms; eliminating exemptions; defining terms; creating standards for the production and transport of fireworks; establishing registration requirements for sales of sparklers, novelties and toy caps; creating a certification requirement for the sale of consumer fireworks; establishing permit requirements for public fireworks displays; creating the West Virginia Veterans Program Fund to be administered by the Department of Veterans’ Assistance; imposing a twenty percent fee on each dollar of a sale for the sale of fireworks and providing for the allocation of the fee collections between the West Virginia Veterans Program Fund for veterans programs, the Fire Protection Fund for volunteer fire departments, and the Fire Marshal Fees Fund; providing for public fireworks displays; providing for rules; authorizing seizures by the State Fire Marshal; providing exemptions; and providing for criminal penalties”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates Howell, Hill, B. White, Arvon, Fast, A. Evans, Romine, McGeehan, Storch, Hanshaw and R. Phillips:

H. B. 2647 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §11-21-45 and §11-24-11c; and to amend said code by adding thereto a new section, designated §23-2-18, all relating to workers’ compensation insurance; allowing an employer to extend workers’ compensation coverage to an employee engaged in volunteer fire fighting and allowing employers a tax credit for the cost of providing workers’ compensation insurance coverage to employees engaged in volunteer fire fighting”; to the Committee on the Judiciary then Finance.

By Delegates Pasdon, Stansbury, Ellington, Statler, Kurcaba, Householder, Fleischauer and Rohrbach:

H. B. 2648 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4 and §16-46-5, all relating to allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency treatment during anaphylactic reactions”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates McGeehan, Ihle, Hill, Howell, J. Nelson, Shott, Azinger, Lane, Faircloth, Moffatt and Frich:

H. B. 2649 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to personal income tax; exempting social security benefits from personal income tax”; to the Committee on Senior Citizen Issues then Finance.

H. B. 2650 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-24A-1, §19-24A-2, §19-24A-3, §19-24A-4, §19-24A-5, §19-24A-6, §19-24A-7 and §19-24A-8, all relating to creating the West Virginia Greyhound Racing Cessation Program; legislative findings and definitions; creating West Virginia Greyhound Racing Cessation Fund; and providing formulas for pay outs to greyhound racing entities and termination of the program and fund following verification that all pay outs have been made”; to the Committee on the Judiciary then Finance.

By Delegates Frich, Hamilton, J. Nelson, R. Phillips, Faircloth, Marcum, Smith, R. McGeehan, Moffatt, Ireland and Fast:

H. B. 2651 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to creating the ‘Firearm Protection Act’; providing that any federal law which attempts to ban semiautomatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state is unenforceable in West Virginia; and providing for an effective date”; to the Committee on the Judiciary.

By Delegates Ellington, Householder, Ashley, Boggs, Folk, Hamilton, Howell, McGeehan, Storch, Weld and Zatezalo:

H. B. 2652 - “A Bill to amend and reenact §16-29B-3 of the Code of West Virginia, 1931, as amended, relating to Health Care Authority; adding definitions”; to the Committee on Health and Human Resources then Finance.

By Delegates Frich, Butler, J. Nelson, Hamilton, Cadle, Cooper, Ambler, R. Smith, McGeehan, Hill and Overington:

H. B. 2653 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-7-1, §1-7-2, §1-7-3, §1-7-4, §1-7-5, §1-7-6 and §1-7-7, all relating to prohibiting the use of unmanned aircraft; providing exceptions; requiring documentation when an unmanned aircraft is used; providing remedies; prohibiting the use of certain evidence and preservation of collected data; establishing exceptions; and defining terms”; to the Committee on the Judiciary.

H. B. 2654 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-1H-1 and §62-1H-2, all relating to location information of an electronic device; prohibiting a government entity from obtaining the location information of an electronic device without a search warrant issued; exceptions; admissibility of evidence obtained in violation of the prohibition; definitions; civil liability for obtaining location information in violation of the prohibition; and defenses to civil or criminal actions”; to the Committee on the Judiciary.

H. B. 2655 - “A Bill to amend and reenact §38-1-7 of the Code of West Virginia, 1931, as amended, relating to providing that a defendant in a civil action to recover a deficiency after a sale under a deed of trust may not assert as a defense that fair market value was not obtained for the property sold at the foreclosure sale”; to the Committee on the Judiciary then Finance.

H. B. 2656 - “A Bill to amend the Code of West Virginia, 1931, as amended, adding thereto a new section, designated §29-22-30, relating to the establishment of the Retired Teachers Benefit Game; and the establishment of the State Teachers Retirement Lottery Fund”; to the Committee on Pensions and Retirement then Finance.

By Delegates A. Evans, Eldridge, Hamilton, L. Phillips, Guthrie, Romine, Rowan, Canterbury, Lynch and Sponaugle

H. B. 2657 - “A Bill to amend and reenact §19-1C-5 of the Code of West Virginia, 1931, as amended, relating to reimbursement of expenses of Compensation of Livestock Care Standards board members”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates A. Evans, Hamilton, Romine, L. Phillips, Ambler, Eldridge, Guthrie, Rowan, Canterbury and Lynch

H. B. 2658 - “A Bill to amend and reenact §19-29-4 of the Code of West Virginia, 1931, as amended, relating to the inspection and slaughter of nontraditional agriculture; and removing the requirement that all nontraditional agriculture needing to be slaughtered be slaughtered in an inspected slaughterhouse”; to the Committee on Agriculture and Natural Resources then Health and Human Resources.

Com. Sub. for H. B. 2004, Providing a procedure for the development of a state plan under section 111 of the Clean Air 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. 39), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2004) passed.

On this question, the yeas and nays were taken (Roll No. 40), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2004) takes effect from its passage.

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

Com. Sub. for H. B. 2008, Auditing the Division of Highways; on third reading, coming up in regular order, with restricted right to amend by Delegate E. Nelson, was reported by the Clerk.

On motion of Delegate Nelson, the bill was amended on page two, section six-a, line one, by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

“(a) Beginning May 1, 2015, the Division of Highways shall provide access to and make available all of the Division’s books, accounts, records and any other information requested by the independent qualified firm that maybe selected by the Joint Committee on Government and Finance to conduct a performance audit of the Division of Highways and any one or more of the individual district within the state road system for the preceding three fiscal years, as determined by the Joint Committee on Government and Finance.”

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 41), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2008) passed.

On this question, the yeas and nays were taken (Roll No. 42), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2008) takes effect from its passage.

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

Com. Sub. for H. B. 2151, Making the West Virginia state teacher of the year an ex officio, nonvoting member of the West Virginia Board of Education; 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. 43), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2151) passed.

On this question, the yeas and nays were taken (Roll No. 44), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2151) 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.

Second ReadingCom. Sub. for H. B. 2011, Relating to disbursements from the Workers’ Compensation Fund where an injury is self inflicted or intentionally caused by the employer; on second reading, coming up in regular order, was read a second time.

Delegates Manchin and Skinner moved to amend the bill on page ten, section two, line one hundred forty-seven, by striking out the colon, and further amending page ten, by striking out all of lines one hundred forty-eight through lines one hundred sixty-one, and inserting in lieu thereof “one which results in death or a permanent physical injury and which results in dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent significant limitation of the use of a body organ, member, function or system, or a medically determined permanent disability or impairment which significantly limits the employee in all material acts which constitute the employee’s usual and customary activities.”

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

The yeas and nays having been ordered, they were taken (Roll No. 45), and there were--yeas 34, nays 62, absent and not voting 4, with the yeas and absent and not voting being as follows:

Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost and H. White.

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

An amendment to the bill, offered by Delegates Skinner and Manchin, was reported by the Clerk.

Delegate Shott moved to amend the bill on page ten, line one hundred forty-six, after the word “injury”, by striking out the words “is defined as” and the colon, and inserting in lieu thereof the words “may only by established by one of the following three methods.”

By striking out lines one hundred forty-eight through one hundred sixty-one and inserting in lieu thereof the following:

“(1) Receipt of a final award in the employee’s workers compensation claim confirming that the employee sustained a permanent physical injury or a combination of physical and psychological injury rated at a total whole person impairment level of at least ten percent (10%). Should the employee’s permanent physical injury rating for total whole person impairment not be final at the time a deliberate intention action is initiated, in order to ascertain whether the employee had suffered a serious compensable injury rated at a total whole person impairment level of at least ten percent (10%), then:

(a) Upon motion and notice, the court in which the action is pending may order the employee to submit to a physical examination by a physician or examiner suitably licensed or certified to evaluate permanent physical injury impairment. The court shall specify the time, place, manner, condition and scope of the examination, and the person or persons by whom it is to be made;

(b) The examining physician or other qualified expert shall deliver a written report to the court and all parties setting out the examiner’s findings, including the results of all tests made, diagnoses, impairment rating methodology, any other information the court deems appropriate or necessary, and conclusions, together with any available reports of earlier examinations of the same condition;

(d) The findings of this court ordered examination are not binding upon any further administrative proceedings related to a final award in the employee’s workers compensation claim.

(2) Written certification by a licensed physician that the employee is suffering from an injury or condition that is likely to result in death within eighteen (18) months or less from the date of the filing of the complaint. The certifying physician must be engaged or qualified in a medical field in which the employee has been treated, or have training and/or experience in diagnosing or treating injuries or conditions similar to those of the employee. Upon request by the employer, this physician certification shall be confirmed by an independent medical examination, in the same manner as noted in sections (1)(a)-(d), above, except that the cost of such examination shall be paid by the employer.

(3) If the employee suffers from an injury for which no impairment rating is established in the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment then being used by the West Virginia Workers Compensation Commission, serious compensable injury may be established if the injury results in significant disfigurement or permanent loss of use of a body organ, function or system.”

Delegate Manchin moved to amend the amendment, on page one, following subdivision (3) by inserting a new subdivision (4) to read as follows:

“(4) Proof of a failure to inspect for a safety violation must be specific to the safety violation which caused the workers’ injury or death and must be shown to be the proximate cause of that injury or death and but for that failure to inspect, that injury or death would have not occurred.”

The Speaker put the question on the adoption of the foregoing amendment to the amendment, and the same did not prevail.

An amendment to the bill, offered by Delegate Shott, was reported by the Clerk, on page six, section (B), line seventy-nine, following the word, “condition” and the period, by inserting “ Actual knowledge is a direct, conscious and clear awareness, perceived, recognized and understood clearly and with certainty by the employee’s immediate supervisor or any management personnel who have authority to direct and control the workforce or safety in the area or areas where a specific unsafe working condition is alleged to have existed.”

On page six, section one, line eighty, by striking out all of lines eighty through one hundred five and inserting in lieu thereof the following:

“(1) In every case actual knowledge must specifically be proven by the employee or other person(s) seeking to recover under this section, and shall not be presumed under any circumstances.

(2) Actual knowledge is not established by constructive knowledge or by proof of what an employee’s immediate supervisor or management personnel should have known had they exercised reasonable care or been more diligent.

(3) Any proof of the immediate supervisor or management personnel’s knowledge of prior accidents, near misses, safety complaints, or citations from regulatory agencies must be proven by documentary or other credible evidence.”

Delegate Manchin moved to amend the amendment on page one, by striking out subdivision (1) in its entirety, and inserting in lieu thereof, the following:

“(1) A permanent physical injury rated at a total who person impairment level of at least ten percent (10%) as determined by the trier of fact.”

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

The yeas and nays having been ordered, they were taken (Roll No. 46), and there were--yeas 33, nays 62, absent and not voting 5, with the yeas and absent and not voting being as follows:

Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost and H. White.

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

The Speaker put the question on the adoption of the amendment offered by Delegate Shott, and the same was adopted.

On motion of Delegate Shott, the bill was amended on page twelve, section (f), line two hundred one, following the word “actions”, by inserting the words “related to such injuries”.

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

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

Com. Sub. for H. B. 2005, Relating to alternative programs for the education of teachers,

Com. Sub. for H. B. 2223, Including consumer credit sales that are secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling or residential real estate in the definitions of “primary mortgage loan” and “subordinate mortgage loan”,

H. B. 2224, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations,

H. B. 2576, Creating new code sections which separate the executive departments.

At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Storch, Wagner and Williams.

The following Delegates have filed forms with the Clerk’s Office per House Rule 94b to be added as cosponsors of bills:

The following Delegates have filed forms with the Clerk’s Office per House Rule 94b to be removed as cosponsors of bills:

Delegate Boggs announced that he was absent when the votes were taken on Roll Nos. 26 through 32, and that had he been present, he would have voted “Yea” on Roll Nos. 26 through 31 and “Nay” on Roll No. 32.

Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate D. Evans regarding H. B. 2008, Auditing the Division of Highways, be printed in the Appendix to the Journal.

Delegate Skinner asked and unanimous consent that the colloquy regarding Delegate Shott’s second amendment to Com. Sub. for H. B. 2011, be printed in the Journal of today, which consent was not given, objections being heard.

The question being on the motion to print the aforesaid remarks in the Journal of today, the yeas and nays were demanded, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 47), and there were--yeas 29, nays 62, absent and not voting 9, with the yeas and absent and not voting being as follows:

Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Morgan, Perdue, Perry, Pethtel, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, Sponaugle, Trecost and H. White.

Absent and Not Voting: Deem, A. Evans, Hamilton, Marcum, L. Phillips, Storch, Wagner, Walters and Williams.

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

Delegate Skinner then asked and obtained unanimous consent that the colloquy regarding Delegate Shott’s second amendment to Com. Sub. for H. B. 2011 be printed in the Appendix to the Journal.

Delegate Westfall asked and obtained unanimous consent that the prayer offered by Delegate Blair be printed in the Appendix to the Journal.

Delegate R. Smith asked and obtained unanimous consent that the remarks of Delegate Skinner regarding the amendment offered by Delegates Manchin and Skinner be printed in the Appendix to the Journal.

Delegate Overington asked and obtained unanimous consent that the remarks of Delegate O’Neal regarding the Ronald Reagan, the fortieth President of the United States be printed in the Appendix to the Journal.

At 12:52 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 9, 2015.