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 Tuesday, February 10, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

And reports the same back with the recommendation that it be adopted, but that it first be referred to the Committee on Rules.

In accordance with the former direction of the Speaker, the resolution (H.C. R. 30) was referred to the Committee on Rules.

Delegate Hamilton, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

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. 2144) was referred to the Committee on the Judiciary.

Delegate Evans, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

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. 2361) was referred to the Committee on the Judiciary.

Delegate Evans, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

H. B. 2315, Commissioner of Agriculture, frozen deserts and imitation frozen deserts,

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. 2315) was referred to the Committee on the Judiciary.

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

H. R. 9, Authorizing the Committee on Rules to arrange a Special Calendar and providing for making public the vote on certain questions in connection with the preparation thereof,

Delegate Overington, Chair of the Committee on Industry and Labor, submitted the following report, which was received:

H. B. 2289, Department of Environmental Protection, requirements governing water quality standards,

H. B. 2336, Division of Labor, relating to weights and measures calibration fees,

And reports the same back with the recommendation that they each do pass 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. 2289, H. B. 2336, H. B. 2338 and H. B. 2363) were each referred to the Committee on the Judiciary.

Delegate Overington, Chair of the Committee on Industry and Labor, submitted the following report, which was received:

H. B. 2335, Division of Labor, Amusement Rides and Amusement Attractions Safety Act,

H. B. 2337, Division of Labor, verifying the legal employment status of workers,

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. 2335, H. B. 2337 and H. B. 2339) were each referred to the Committee on the Judiciary.

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

H. B. 2139, Relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes,

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

In accordance with the former direction of the Speaker, the bill (H. B. 2139) was referred to the Committee on Finance.

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

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

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

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

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-8-29, to read as follows:

(a) Any person serving a period of supervised release of ten years or more pursuant to the provision of section twenty-six, article twelve, chapter sixty-two of this code who loiters within one thousand feet of the property line of the residence or workplace of a victim of a sexually violent offense for which the person was convicted shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than thirty days.

(b) Any person serving a period of supervised release of ten years or more pursuant to the provisions of section twenty-six, article twelve, chapter sixty-two of this code for an offense where the victim was a minor who loiters within one thousand feet of the property line of a facility or business the principal purpose of which is the education, entertainment or care of minor children, playground, athletic facility or school bus stop shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for a period of not more than thirty days.

(c) A person does not violate the provisions of subsection (a) or (b) of this section unless he or she has previously been asked to leave the proscribed location by an authorized person and thereafter refuses to leave or leaves and thereafter returns to the proscribed location.

(B) A security officer employed by a business or facility to protect persons or property acting in his or her employment capacity;

(C) An owner, manager or employee of a facility or business having a principal purpose the caring for, education or entertainment of minors;

(D) A victim or parent, guardian or lawful temporary or permanent custodian thereof;

(E) An employee of a county Board of Education acting in his or her employment capacity.

(2) ‘Facility or business, the principal purpose of which is the education, entertainment or care of minor children’ means:

(A) A pre-school, primary, intermediate, middle or high school, either public or private;

(3) ‘Loitering’ means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose.

(e) Nothing in this section shall be construed to prohibit or limit a person’s presence within one thousand feet of a location or facility referenced in this section if the person is there present for the purposes of supervision, counseling or other activity in which the person is directed to participate as a condition of supervision or where the person has the express permission of his supervising officer to be present.”

Com. Sub. for H. B. 2025 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-29, relating to creating the offense of criminal loitering by persons on supervised release; prohibiting loitering by such persons within one thousand feet of a victim’s home, schools and facilities providing care and entertainment for children; defining terms; and establishing penalties.”

On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

The Clerk of the Senate, announced that the Senate had agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

Com. Sub. for S. B. 13, Reinstating open and obvious doctrine for premises liability. The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2015, and requested the concurrence of the House of Delegates in the passage, of

Com. Sub. for S. B. 37 - “A Bill to amend and reenact §55-10-1, §55-10-2, §55-10-3, §55-10-4, §55-10-5, §55-10-6, §55-10-7 and §55-10-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twenty-five new sections, designated §55-10-9, §55-10-10, §55-10-11, §55-10-12, §55-10-13, §55-10-14, §55-10-15, §55-10-16, §55-10-17, §55-10-18, §55-10-19, §55-10-20, §55-10-21, §55-10-22, §55-10-23, §55-10-24, §55-10-25, §55-10-26, §55-10-27, §55-10-28, §55-10-29, §55-10-30, §55-10-31, §55-10-32 and §55-10-33, all relating generally to arbitration; providing for a short title; making legislative findings and declaring public policy; defining terms; defining notice under article; defining when article applies; proscribing effect of agreements to arbitrate and defining nonwaivable provisions; allowing for application for judicial relief under article; making agreement to arbitrate valid unless legal or equitable reason for revocation exists; providing for terms by which arbitration may continue if challenged; providing for process for motions to compel or stay arbitration; providing for provisional remedies to protect effectiveness of arbitration proceedings; providing process for initiation of arbitration; providing for consolidation of separate arbitration proceedings; providing for appointment of arbitrator and default process if not agreed by the parties; requiring neutrality of arbitrators; requiring disclosure by arbitrators of matters affecting impartiality; requiring majority of arbitrators to agree to exercise powers; providing immunity for arbitrators; requiring competency to testify; providing for attorneys’ fees and costs for challenges from which arbitrators are immune; providing general process for arbitration; allowing parties to be represented by a lawyer in arbitrations; outlining procedure for witnesses, subpoenas, depositions and discovery in arbitrations; providing for judicial enforcement of preaward ruling by arbitrator; providing for record of an award and requirements for an award; allowing change of an award by arbitrator upon motion under certain conditions; providing that certain remedies and fees and costs of arbitration may be a part of arbitration award; allowing for confirmation by court of an award upon motion; providing process and grounds for vacating an award by a court; providing process and grounds for modification or correction of an award upon motion; providing that court shall enter a judgment upon confirmation of an award and may add reasonable attorneys’ fees and costs; providing for jurisdiction over arbitration agreements by a court of this state; providing venue; providing that appeals may be taken from orders related to arbitration proceedings; requiring uniform construction of act; providing that this act complies with the Electronic Signatures in Global and National Commerce Act; and providing effective date”; which 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

Com. Sub. for S. B. 255 - “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 §16-5T-1 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 and §21-3A-18 of said code; to repeal §21-3B-3 of said code; to repeal §22C-5-1, §22C-5-2, §22C-5-3, §22C-5-4, §22C-5-5, §22C-5-6, §22C-5-7 and §22C-5-8 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 §31-16-1, §31-16-2, §31-16-3 and §31-16-4 of said code; to repeal §33-48-2 and §33-48-3 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 unnecessary, inactive or redundant boards, councils, committees, panels, task forces and commissions; terminating West Virginia Sheriffs’ Bureau; terminating Clinical Laboratories Quality Assurance Advisory Board; terminating Care Home Advisory Board; terminating Comprehensive Behavioral Health Commission; terminating Public and Higher Education Unified Educational Technology Strategic Plan, including Governor’s Advisory Council for Educational Technology; terminating West Virginia Consortium for Undergraduate Research and Engineering; terminating Governor’s Commission on Graduate Study in Science, Technology, Engineering and Mathematics; terminating West Virginia Rural Health Advisory Panel; terminating Ohio River Management Fund Advisory Board; terminating Occupational Safety and Health Review Commission; terminating Occupational Safety and Health Advisory Board; terminating Environmental Assistance Resource Board; terminating Commercial Hazardous Waste Management Facility Siting Board; terminating Workers’ Compensation Board of Managers; terminating State Medical Malpractice Advisory Panel; terminating West Virginia Steel Futures Program, including Steel Advisory Commission; terminating West Virginia Health Insurance Plan Board; terminating Alternative Dispute Resolution Commission; and terminating Sexually Violent Predator Management Task Force”; which was referred to the Committee on Government Organization.

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. 262 - “A Bill to amend and reenact §5-16B-1 and §5-16B-2 of the Code of West Virginia, 1931, as amended, all relating to transferring the Childrens Health Insurance Program and Children’s Health Insurance Agency from the Department of Administration to the Department of Health and Human Resources; providing for orderly transfer of functions, funds and accounts; and clarifying definition of ‘Children’s Health Insurance Agency’”; which was referred to the Committee on Government Organization.

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. 267 - “A Bill to repeal §16-29H-1, §16-29H-2, §16-29H-3, §16-29H-4, §16-29H-5, §16-29H-6, §16-29H-7, §16-29H-8, §16-29H-9 and §16-29H-10 of the Code of West Virginia, 1931, as amended, relating to the Governor’s Office of Health Enhancement and Lifestyle Planning”; which was referred to the Committee on Health and Human Resources.

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. 295 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-13, relating to judicial review of decisions of the West Virginia Department of Health and Human Resources Board of Review and the Bureau for Medical Services affecting applicants, recipients or providers of state or federal assistance programs”; which 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

Com. Sub. for S. B. 357 - “A Bill to repeal §22A-2A-302, §22A-2A-303, §22A-2A-304, §22A-2A-305, §22A-2A-306 and §22A-2A-307 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-3-13 and §22-3-19 of said code; to amend and reenact §22-11-6 and §22-11-8 of said code; to amend said code by adding thereto a new section, designated §22-11-22a; to amend said code by adding thereto a new section, designated §22A-1-41; to amend and reenact §22A-1A-1 of said code; to amend and reenact §22A-2-6, §22A-2-28 and §22A-2-37 of said code; to amend and reenact §22A-2A-101, §22A-2A-301, §22A-2A-308, §22A-2A-309, §22A-2A-310, §22A-2A-402, §22A-2A-403, §22A-2A-404, §22A-2A-405, §22A-2A-501, §22A-2A-601, §22A-2A-602, §22A-2A-603 and §22A-2A-604 of said code; and to amend said code by adding thereto a new section, designated §22A-2A-204a, all relating to creating the Coal Jobs and Safety Act of 2015; providing methods of assuring that discharges from waste piles do not exceed applicable water quality standards; conforming rules regarding procedures for requesting and obtaining inactive status and rules relating to requirements for contemporaneous reclamation under West Virginia Surface Coal Mining and Reclamation Act to corresponding federal requirements; abolishing West Virginia Diesel Equipment Commission; transferring duties and responsibilities of West Virginia Diesel Equipment Commission to Director of the Office of Miners’ Health, Safety and Training; defining terms; providing rule-making authority; providing that rules previously approved by commission continue in full force and effect; developing emergency rules for statewide hardness-based aluminum water quality criteria for protection of aquatic life; prohibiting wholesale incorporation of water quality standards into permits rather than specifically developing terms and conditions on a permit-by-permit basis that are designed to protect water quality standards; modifying the scope of the permit shield as it relates to compliance with water quality standards; establishing an administrative and civil enforcement process for coal mining-related permits that conforms with corresponding federal requirements; making legislative findings; permitting immediate temporary suspension, suspension or revocation of a certificate held by of a certified 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; providing that if a drug test is positive, a certified employee may not rely on the fact that the drug was prescribed if the prescription is more than one year old; setting forth requirements for movement of off-track mining equipment in areas of active workings where energized trolley wires or trolley feeder wires are present; establishing premovement requirements; increasing distance from five hundred feet to one thousand five hundred feet of the nearest working face where transportation of certain personnel in certain instances is done exclusively by rail; requiring certain equipment be readily available when distance from track to face is between five hundred feet and one thousand five hundred feet; increasing distance of track to be maintained when a section is fully developed and being prepared for retreating; permitting use of sideboards on shuttle cars if they are equipped with cameras; requiring shelter holes be provided along haulage entries and be placed not more than one hundred five feet apart; providing exception; removing requirement that locomotives, personnel carriers, barrier tractors and other related equipment be equipped with lifting jacks and handles; and prescribing that no one, other than motorman and brakeman, should ride on a locomotive unless authorized by the mine foreman, and then only when safe riding facilities are provided”; which was referred to the Committee on the Judiciary.

Delegates R. Phillips, Marcum and Eldridge offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 53 - “Requesting the Division of Highways to name the portion of Route 119/19, beginning at a point where it intersects with Route 17 and ending at a point where it intersects with Route 28/2, in Logan County as the ‘U.S. Army SSG Styish R. Morris Memorial Road’.”

Whereas, Staff Sergeant Morris was born September 17, 1923, to John Morris and Rosie Morris of Clothier, West Virginia, the fourth of eight children; and

Whereas, Staff Sergeant Morris enlisted, rather than being drafted, in the U.S. Army on January 23, 1942 and served in the 145^th Infantry Regiment, 37^th Infantry Division. Before the war he was an underground coal miner; and

Whereas, Staff Sergeant Morris was a very proud, patriotic first generation American of Polish descent. His career was one of great honor and valor as shown by his numerous decorations which he earned while serving in the Pacific Theater; and

Whereas, Staff Sergeant Morris was decorated for his actions with the following awards: the Combat Infantry Badge, the Philippine Liberation Ribbon with one Bronze Star, the Asiatic-Pacific Theater Ribbon with two Bronze Stars, the Distinguished Unit Citation, two Purple Heart Awards, and the Good Conduct Ribbon; and

Whereas, Most notably, on September 22, 1945 Staff Sergeant Morris was awarded the Silver Star by the President. The Citation reads “The President of the United States, authorized by Act of Congress, July 9, 1918, takes pleasure in presenting the Silver Star to Staff Sergeant (then Sergeant) Styish R. Morris United States Army, for conspicuous gallantry and intrepidity in action against the enemy while service with the 145 Infantry Regiment, 37^th Infantry Division in the Philippine Islands. Staff Sergeant Morris’ squad was preparing for an attack at Mount Pacawagan on April 30, 1945, when an enemy soldier ran out of one of the many caves infesting the area. Catching the squad completely by surprise, the enemy knocked a soldier to the ground, tore a Browning Automatic Rifle from his hands and swung the weapon into position to fire on the squad. Staff Sergeant Morris, although unarmed, rushed the enemy so quickly that he was unable to fire the weapon. After a bitter struggle for possession of the gun, Staff Sergeant Morris with superior strength and wright overpowered the Japanese and forced him back into a deep foxhole, causing him to lose his grip on the rifle. Staff Sergeant Morris then managed to kill the enemy. Sergeant Morris’s alertness, quick thinking and courageous action eliminated a dangerous menace to his squad and earned the complete confidence of his men. Staff Sergeant Morris’s actions, without regard for his own safety, were in keeping with the highest traditions of military service, reflecting great credit on himself, the 37^th Infantry Division, and the United States Army”; and

Whereas, Following his Honorable Discharge on October 3, 1945 Staff Sergeant Morris returned home to Clothier where he went back to work in the underground coal mines of Boone and Logan counties and supported his aging parents. He never married and chose to take care of his parents until their deaths. He continued to work in the mining industry until he became disabled in the early 1970s from wounds he received during the war. He remained active by raising a garden and farm animals and he shared his plentiful harvests with his neighbors; and

Whereas, On April 3, 1987 Staff Sergeant Morris was called for his final and glorious award in the arms of his Lord; and

Whereas, It is fitting that an enduring memorial be established to commemorate Staff Sergeant Styish R. Morris, a native son who served his state and his country with great honor, by naming the portion of Route 119/19 beginning at a point where it intersects with Route 17 and ending at a point where it intersects with Route 28/2 in Logan County as the “U.S. Army SSG Styish R. Morris Memorial Road”; therefore, be it

That the Legislature hereby requests the Division of Highways to name the portion of Route 119/19, beginning at a point where it intersects with Route 17 and ending at a point where it intersects with Route 28/2, in Logan County as the “U.S. Army SSG Styish R. Morris Memorial Road”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends identifying the road as the “U.S. Army SSG Styish R. Morris Memorial Road,” 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 Staff Sergeant Morris’ sister, Emily Bentley, his sister-in-law, Joan Morris, his nephews, Edward S. Morris, Mark A. Morris, Thomas Morris, Joe Morris, Randy Bently, Robert Bently, John F. Morris, John Trammell and Paul Trammell, and his nieces, Teresa Way, Katrina Mossman, Mary Collins, Carolyn Bently, Kathy Morris and Rose Ann Reed.

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

H. J. R. 19 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article VII thereof, by adding thereto a new section, designated section twenty, relating to the eligibility of the Attorney General; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary.

H. J. R. 20 - “Proposing an amendment to the Constitution of the State of West Virginia, amending article IV thereof by adding thereto a new section, designated section thirteen, relating to limiting all elected officeholders to serve no more than twelve years; excepting previous years in office by current officeholders; and providing that those offices that currently have a maximum time of less than twelve years, the lesser period shall control; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary.

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

H. B. 2688 - “A Bill to amend and reenact §22C-9-1, §22C-9-2, §22C-9-3, §22C-9-4 and §22C-9-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22C-9-7a, all relating to oil and gas conservation; reconstituting the membership of the Oil and Gas Conservation Commission; providing for the unitization of interests in drilling units in connection with horizontal oil or gas wells; setting forth application requirements; establishing the standard of review; providing for unit orders; requiring notice and timeliness; providing for hearings; addressing oil and gas produced from horizontal wells, vertical wells and unconventional reservoirs; adding new definitions; and modifying existing definitions”; to the Committee on Energy then the Judiciary.

H. B. 2689 - “A Bill to repeal §21-3-19 of the Code of West Virginia, 1931, as amended, relating to employer discrimination for use of tobacco products”; to the Committee on Health and Human Resources then the Judiciary.

H. B. 2690 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-5b, relating to student safety on higher education campuses; requiring governing boards of higher education schools and training facilities to adopt victim-centered sexual assault policies and protocols”; to the Committee on Education then the Judiciary.

H. B. 2691 - “A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Commerce, Workforce West Virginia - Workforce Investment Act, fund 8749, fiscal year 2015, organization 0323, and to the Department of Commerce, Office of the Secretary - Office of Economic Opportunity - Community Services, fund 8781, fiscal year 2015, organization 0327, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015”; to the Committee on Finance.

H. B. 2692 - “A Bill supplementing, amending, decreasing, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2015, organization 0803, for the fiscal year ending June 30, 2015”; to the Committee on Finance.

H. B. 2693 - “A Bill to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to commercial motor carriers generally; and providing an exemption from regulation by the Public Service Commission for motor vehicles used exclusively in the transportation of roll-off solid waste containers”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Fast, Weld, Kurcaba, Summers, Waxman, Rowan, Howell, Frich, B. White and Sobonya:

H. B. 2694 - “A Bill to amend and reenact §3-1-31 of the Code of West Virginia, 1931, as amended, relating to requiring all local special elections to be held on the days and hours of general or primary elections”; to the Committee on the Judiciary.

By Delegates Fast, Kessinger, J. Nelson, Blair, Hill, Kurcaba, Summers and Howell:

H. B. 2695 - “A Bill to amend and reenact §11-14-2 and §11-14-11 of the Code of West Virginia, 1931, as amended, all relating to gasoline and fuel excise tax; requiring a refund of gasoline or fuel excise tax when fuel is consumed by a commercial vehicle while that vehicle is not operated upon the highways of this state”; to the Committee on Roads and Transportation then Finance.

H. B. 2696 - “A Bill to amend and reenact §5-11-10 of the Code of West Virginia, 1931, as amended, relating to requiring the Human Rights Commission, when investigating a complaint of discrimination, to specifically include an examination of the intent of the person or entity alleged to have committed the unlawful discriminatory practice”; to the Committee on the Judiciary.

H. B. 2697 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-109a, relating to allowing a home improvement transaction to be performed under an oral contract”; to the Committee on the Judiciary.

H. B. 2698 - “A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Human Services, fund 5365, fiscal year 2015, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015”; to the Committee on Finance.

H. B. 2699 - “A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17-4-32, relating to requiring that patching repair of hard surfaced roads, highways and streets be by use of mechanical rollers for smoother final repair; and providing exceptions”; to the Committee on Roads and Transportation then Finance.

By Delegates J. Nelson, D. Evans, L. Phillips, B. White, Cooper, McGeehan, Longstreth, Hornbuckle, Arvon, Ihle and Kessinger:

H. B. 2700 - “A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to creation of a program to allow for discounted veteran’s licence plates and option on application for applicant to consent to receive information about veteran’s services provided by, and recommended by, the State of West Virginia”; to the Committee on Roads and Transportation then Finance.

Com. Sub. for S. B. 7, Requiring CPR and care for conscious choking instruction in public schools; 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. 63), and there were--yeas 99, nays none, absent and not voting 1, 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 S. B. 7) passed.

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

Com. Sub. for S. B. 7 – “A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required instruction in cardiopulmonary resuscitation (CPR) and first aid in public school health education subjects; adding care for conscious choking first aid instruction; adding requirement for recognition of symptoms of drug and alcohol overdose in health curriculum; eliminating misdemeanor crime and penalties for violation of section; requiring minimum thirty minutes instruction prior to graduation in cardiopulmonary resuscitation and psychomotor skills necessary to perform after certain date; defining ‘psychomotor skills ‘; requiring CPR instruction be based on program established by American Heart Association or the American Red Cross or other recognized guidelines; authorizing various persons and community members by whom instruction may be given; encouraging such community members to provide training and instructional resources; authorizing school districts to exceed minimum requirements; and requiring authorized CPR/automated external defibrillator instructor for instruction that results in certification being earned.”

On this question, the yeas and nays were taken (Roll No. 64), and there were--yeas 99, nays none, absent and not voting 1, 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 S. B. 7) takes effect July 1, 2015.

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

Com. Sub. for S. B. 335, Creating Access to Opioid Antagonists 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. 65), and there were--yeas 99, nays none, absent and not voting 1, 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 S. B. 335) passed.

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

Com. Sub. for S. B. 335 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5 and §16-46-6; and to amend and reenact §30-1-7a of said code, all relating generally to accessing and administering opioid antagonists in overdose situations; defining terms; establishing objectives and purpose; allowing licensed health care providers to prescribe opioid antagonist to initial responders and certain individuals; allowing initial responders to possess and administer opioid antagonists; providing for limited liability for initial responders; providing for limited liability for licensed health care providers who prescribe opioid antagonist in accordance with this article; providing for limited liability for anyone who possesses and administers an opioid antagonist; establishing responsibility of licensed health care providers to provide educational materials on overdose prevention and administration of opioid antagonist; providing for data collection and reporting; providing for training requirements; and providing for rule-making authority.”

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. 2266, Relating to the publication requirements of the administration of estates; 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. 66), and there were--yeas 96, nays 3, absent and not voting 1, 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. 2266) passed.

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

H. B. 2370, Increasing the powers of regional councils for governance of regional education service agencies; 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. 67), and there were--yeas 99, nays none, absent and not voting 1, 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 (H. B. 2370) passed.

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

H. B. 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; 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. 68), and there were--yeas 99, nays none, absent and not voting 1, 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 (H. B. 2444) passed.

An amendment to the title of the bill, recommended by the Committee on Small Business, Entrepreneurship and Economic Development, was reported by the Clerk and adopted, amending the title to read as follows:

H. B. 2444 – “A Bill to amend and reenact the §5B-2-5 of the Code of West Virginia, 1931, as amended, relating to providing assistance to small businesses; requiring the West Virginia Development Office to assign economic development office representatives to serve as Small Business Allies; identifying duties and services to be provided to small businesses and individuals desiring to establish and operate small businesses; requiring that the director of the West Virginia Development Office report biennially and offer recommendations for reducing the burdens imposed on small businesses; and further identifying the report’s contents.”

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. 2568, The Pain-Capable Unborn Child Protection Act; on third reading, coming up in regular order, was read a third time.

During the discussion on the passage of the bill, the guests in the galleries made audible demonstration in response to remarks and Delegate Morgan arose to a point of order, per House Rule 7.

To the point of order, the Speaker stated it was well taken, explaining to the guests in the galleries the Rules of the House and asking them to be respectful of the Members and Rules of the House and refrain from further demonstration.

Delegate Moffatt was recognized, addressed the House, and requested the passage of the bill and the yeas and nays. The Speaker reminded the Gentleman that the bill was on third reading, and as required by House Rule 42, the yeas and nays would be taken.

Delegate Folk addressed the House, and demanded the previous question, which demand was sustained.

Delegate Caputo arose to a point parliamentary inquiry, asking if the motion was debateable.

To the point of inquiry, the Speaker informed the Gentleman that the motion was not debatable, per House Rule 55.

Delegate Fleischauer then arose to a point of inquiry, asking how many Members were remaining that desired to speak to the passage of the bill, to which the Speaker replied three Members remained that had indicated their desire to address the House.

The yeas and nays having been ordered, they were taken (Roll No. 69), and there were--yeas 5, nays 93, absent and not voting 2, with the yeas and absent and not voting being as follows:

So, a majority of the members present and voting not having voted in the affirmative, the main question was not put.

The remaining members wishing to address the House were recognized, and at the conclusion of their remarks, the Speaker stated the question before the House was the passage of the bill.

On this question, the yeas and nays were taken (Roll No. 70), and there were--yeas 87, nays 12, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Caputo, Fleischauer, Fluharty, Guthrie, Hornbuckle, Moore, Morgan, Perdue, Pethtel, Pushkin, Rowe and Skinner.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2568) passed.

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

Delegate Fast was recognized and stated that during Roll No. 69 his machine malfunctioned and he was not recorded, and requested to be recorded as voting “Nay”.

Second ReadingCom. Sub. for S. B. 237, Creating Captive Cervid Farming Act; on second reading, coming up in regular order, was read a second time.

At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with amendments pending and the restricted right to amend jointly by Delegates Anderson, Boggs and Williams, and the rule was suspended to permit the consideration of the amendments on that reading.

H. B. 2274, Authorizing the Commissioner of Corrections to enter into mutual aid agreements; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated§25-1-5a, to read as follows:

(a) The commissioner may enter into agreements to provide for the rendering of mutual aid with the political subdivisions of this state, other states and the federal government to provide for the common defense, protect the public peace, health and safety and to preserve the lives and property of the people of this state.

(b) Any agreement entered into under this section shall be with the consent and approval of the Secretary of the Department of Military Affairs and Public Safety, and shall include a provision within each agreement allowing for the immediate termination by the Secretary at any time.”

At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegate Walters.

Delegate Trecost filed forms with the Clerk’s Office per House Rule 94b that he be removed as a cosponsor of H. B. 2239 and H. B. 2503.

Delegate Ambler filed a form with the Clerk’s Office per House Rule 94b that he be added as a cosponsor of H. B. 2688.

Delegate Caputo asked and obtained unanimous consent that all remarks regarding the passage of Com. Sub. for H. B. 2568, The Pain-Capable Unborn Child Protection Act, be printed in the Appendix to the Journal.

At 1:58 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 12, 2015.