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 12, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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

H. B. 2285, Department of Environmental Protection, requirements for operating permits,

H. B. 2342, Office of Miners’ Health, Safety and Training, safety of those employed in and around quarries in West Virginia,

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. 2285, H. B. 2340 and H. B. 2342) were each referred to the Committee on the Judiciary.

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

H. B. 2518, Requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience to policyholders,

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. 2518) 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:

H. B. 2540, Requiring automobile liability insurance providers must give a policyholder fourteen days notice of an intent to cancel the policy if the reason for cancellation is nonpayment, 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. 2395 and H. B. 2540) were each referred to the Committee on the Judiciary.

Delegate Espinosa, Vice 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. 2385, Relating to brewer, resident brewer and brewpub licensing and operations,

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. 2385) was referred to the Committee on the Judiciary.

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

Com. Sub. for H. B. 2527 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-8, relating to establishing the Task Force on Prevention of Sexual Abuse of Children; authorizing section to be called Erin Merryn’s Law”; specifying membership; specifying responsibilities, including report of recommendations to Legislature and Governor; precluding member compensation or expense reimbursement.”

With the recommendation that the committee substitute do pass, 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 H. B. 2527) to the Committee on Finance was abrogated.

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

H. B. 2222, Relating to certain members of the Legislature and certain service by members of the Legislature,

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

In accordance with the former direction of the Speaker, the bill (H. B. 2222) was referred to the Committee on Finance.

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

H. B. 2521, Clarifying the scope, application and methods for error correction required by the CPRB,

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. 2521) was referred to the Committee on the Judiciary.

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

H. B. 2523, Creating a special revenue account to offset costs for the West Virginia State Police 100^th Anniversary in 2019,

H. B. 2675, Reducing certain severance taxes that are dedicated to the Workers’ Compensation Debt Reduction Fund,

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

H. B. 2688, Providing for the unitization of interests in drilling units in connection with all horizontal oil or gas wells,

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. 2688) was referred to the Committee on the Judiciary.

Delegate Ellington, Chair of the Committee on Health and Human Resources, 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 Education.

In accordance with the former direction of the Speaker, the bill (H. B. 2510) was referred to the Committee on Education.

Delegate Ellington, Chair of the Committee on Health and Human Resources, 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. 2511) was referred to the Committee on the Judiciary.

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

By Delegates Stansbury, Campbell, Rodighiero, Houselder, Ashley, Fleischauer, Summers, Longstreth, Kurcaba and Ellington:

H. B. 2776 - “A Bill to amend and reenact §30-3E-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-7-15a of said code; and to amend and reenact §30-8-9 of said code, all relating to prescribing hydrocodone combination drugs for a duration of no more than three days”.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

S. B. 262, Transferring CHIP and Children’s Health Insurance Agency from Department of Administration to DHHR,

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

H. B. 2652, Reducing the assessment paid by hospitals to the Health Care Authority,

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. 2652) was 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. 2104, Terminating the Tax Commissioner’s authority to issue business licenses to sell paraphernalia for use with controlled substances,

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. 2104) was referred to the Committee on the Judiciary.

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

By Delegates Faircloth, Ihle, Hill, Kessinger, Stansbury, Hamrick, Hartman, Ferro, McGeehan, Zatezalo and Blair:

H. B. 2777 - “A Bill to amend the Code of West Virginia, 1931, as amended, by repealing §30-27-11a and §30-27-12; to amend and reenact §30-27-1, §30-27-2, §30-27-3, §30-27-4, §30-27-5, §30-27-6, §30-27-8, §30-27-8a, §30-27-10, §30-27-11 and §30-27-16 of the code; and to amend said code by adding thereto three new sections, designated §30-27-8b, §30-27-8c, and §30-27-8d, all relating to licensing of barbers, cosmetologists, and hairstylists; revising the membership requirements of the Board of Barbers and Cosmetologists; exempting shampoo assistants and hair braiding from licensure by the Board of Barbers and Cosmetologists; changing the requirement for licensure of aestheticians and nail technicians to registration; creating certifications; modifying barber apprentice program; limiting continuing education requirements for barbers and cosmetologists; and modifying the requirements to be an instructor in a school.”

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

H. B. 2391, Authorizing additional annual waiver to full implementation of five full day early childhood education program,

Com. Sub. for H. B. 2391 - “A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended, relating to minimum instructional days per week, minimum instructional minutes per week and minimum instructional days per year for early childhood education programs,”

The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree 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 H. B. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility.

The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

On motion of Delegate Cowles, the House of Delegates agreed to the appointment of a Committee of Conference of Com. Sub. for H. B. 2025 from each house on the disagreeing votes of the two houses.

The Speaker appointed as conferees on the part of the House of Delegates the following:

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

The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect July 1, 2015, of

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

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. 19 - “A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended, relating to setting forth minimum days per week, number of instructional minutes per week and minimum instructional days per year for early childhood education programs”; which was referred to the Committee on Education.

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

Com. Sub. for S. B. 243 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-6a, relating to school nutrition standards during a state of emergency or state of preparedness; authorizing Governor or Legislature to temporarily suspend legislative rules establishing nutrition standards for foods and beverages served to students in public schools during a state of emergency or state of preparedness; and providing limitations”; which was referred to the Committee on Education.

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

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

Com. Sub. for S. B. 361 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5A-12, relating to eliminating the requirement of paying prevailing hourly rate of wages for construction of public improvements”; which was referred to the Committee on Government Organization.

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

Com. Sub. for S. B. 430 - “A Bill to amend and reenact §48-27-507 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §51-2A-2a, all relating to exempting mutual orders enjoining certain contact between parties to a domestic relations action from the prohibition against mutual protective orders; authorizing family courts of the state to enter mutual orders enjoining certain contact between parties to a domestic relations action; providing for certain terms and effective length of such orders; authorizing family court to enforce its order through an order of contempt; and expressing intent of the Legislature”; which was referred to the Committee on the Judiciary.

Delegates J. Nelson, Folk, Butler, Ihle, Eldridge, Longstreth, H. White, Foster, Hill and Kessinger offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 61 - “Requesting the Division of Natural Resources to reintroduce Elk to southern West Virginia.”

Whereas, Hunting is a valued natural heritage of the citizens of the state. Eastern Elk were once common native Elk species in the state prior to and following its formation, but historical records indicate native Elk were completely removed from the State of West Virginia around 1875. Until recently, free roaming Elk have not been present in the state; and

Whereas, The citizens have expressed a desire for, and would benefit from, active Elk restoration in the southern parts of the state; therefore, be it

That the Division of Natural Resources is requested to establish an effective, science-based Elk management plan for the reintroduction of Elk to southern West Virginia ; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Director of the Division of Natural Resources.

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

H. C. R. 62 - “Requesting the Division of Highways to name a portion of County Route 5/11, White Creek Road, in Lincoln County, near Harts, beginning at a point, latitude 37.922, longitude -82.089, at the intersection of Smokehouse Fork Hart Creek Road, and ending at a point, latitude 37.912, longitude -82.106, at the intersection of White Oak Road, the ‘Lando Adkins, Sr. Memorial Road’.”

Whereas, Mr. Adkins was born in Harts in 1950 and passed away on July 2, 2012; and

Whereas, Mr. Adkins was a life-long resident of the White Oak area and was a deacon and lifetime member of the White Oak Church; and

Whereas, It is fitting and proper that Mr. Adkins have a road named after him; therefore, be it

That the Division of Highways is hereby requested to name a portion of County Route 5/11, White Creek Road, in Lincoln County, near Harts, beginning at a point, latitude 37.922, longitude -82.089, at the intersection of Smokehouse Fork Hart Creek Road, and ending at a point, latitude 37.912, longitude -82.106, at the intersection of White Oak Road, the “Lando Adkins, Sr. Memorial Road”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs at both ends identifying the road as the “Lando Adkins, Sr. Memorial Road”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and the family of Lando Adkins, Sr.

Delegates Westfall, Ihle, Ashley, Folk, Householder, Espinosa, Cooper, Perry, Butler and Cadle offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 63 - “Requesting the Division of Highways to name bridge number 18-25-1.03 (18A-108), locally known as Harpold Bridge, carrying County Route 25 over Mill Creek in Jackson County, the ‘Harry Ripley Memorial Bridge’.”

Whereas, Harry Ripley was born on Dec. 29, 1799 in western Massachusetts, the oldest son of Abraham and Phoebe Bliss Ripley, according to the book “Stories Carved in Stone”, by Rusty Clark (2005); and

Whereas, Harry Ripley moved to the frontier of western Virginia in the late 1820s, serving as an itinerant preacher; and

Whereas, It is believed the preacher rode the Little Kanawha Circuit, an area of more than fifty miles between the Kanawha River and Little Kanawha River, traveling on horseback with a Bible and a hymn book in his saddlebags, spreading the gospel, and presiding over weddings and funerals; and

Whereas, According to local history books, Harry resided with the family of Jacob Starcher when traveling through the area. Starcher operated a mill and donated the land where the Jackson County Courthouse is located; and

Whereas, Legend says that Harry Ripley fell in love with a local girl, believed to have been a daughter of Capt. William Parsons, an early settler. Harry was going to marry Miss Parsons, but drowned days before the wedding while crossing Mill Creek approximately two miles south of where Ripley now stands (believed to be in the area of the iron bridge situated between Ripley and Cedar Lakes). Their wedding certificate was found in his coat pocket. He was 31 years old; and

Whereas, This occurred about the same time Jackson County was being organized from sections of Mason, Wood and Kanawha counties; and

Whereas, The town’s post office would be known as Jackson Court House for another fifty years; and

Whereas, Ripley’s story was documented in a December 1899 issue of The Mountaineer, a local newspaper; and

Whereas, Upon learning the details of the life and death of Harry Ripley, members of the community were so touched that they decided to name the town in his honor when the charter was approved by the Virginia General Assembly on Dec. 19, 1832; and

Whereas, It is fitting that a memorial mark the area in which the circuit rider drowned while serving the community; therefore, be it

That the Division of Highways is hereby requested to name bridge number 18-25-1.03 (18A-108), locally known as Harpold Bridge, carrying County Route 25 over Mill Creek in Jackson County, the “Harry Ripley Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Harry Ripley Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and the mayor of Ripley, West Virginia.

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

H. J. R. 21 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section four, article I thereof and section ten, article VI thereof, relating to representatives to Congress, the arrangement of Congressional, Senatorial and Delegate Districts after census by creating a Citizens’ Redistricting Commission; designating the terms of office and duties of commissioners; providing that Citizens’ Redistricting Commission must submit redistricting plans to each house; providing that each house may reject its plan by a two-thirds vote of the members elected; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of such proposed amendments”; to the Committee on the Judiciary.

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

H. B. 2720 - “A Bill to amend and reenact §8-22-24 of the Code of West Virginia, 1931, as amended, relating to municipal policemen's and firemen's pension and relief fund disability benefits”; to the Committee on Pensions and Retirement then Finance.

H. B. 2721 - “A Bill to amend and reenact §62-12-23 of the Code of West Virginia, 1931, as amended, relating to specifying who receives notice of parole hearings via regular or certified mail”; to the Committee on the Judiciary.

By Delegates Anderson, Hamilton, Border, Canterbury, Romine, D. Evans and Hamrick:

H. B. 2722 - “A Bill to amend and reenact §22-6-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §36-4-9b, all relating generally to oil and gas; requiring oil and gas lessees to make royalty payments within one hundred twenty days of production; providing for interest; providing for a complaint to be filed; and granting authority to the Secretary of the Department of Environmental Protection to suspend an oil and gas permit if royalty payments are not timely made”; to the Committee on Energy then Finance.

H. B. 2723 - “A Bill to amend and reenact §60A-10-16 of the Code of West Virginia, 1931, as amended, relating to the expiration of the Multi-State Real-Time Tracking System”; to the Committee on Health and Human Resources then the Judiciary.

H. B. 2724 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section. designated §9-2-13, relating generally to benefits provided by the Department of Human Services; requiring benefit access devices to have a photograph of the person to whom a device was issued; permitting a benefit access device to be used by another authorized individual on the device holder's behalf; defining terms; and providing for rule-making”; to the Committee on the Judiciary.

By Delegates Miller, Sobonya, Border, Rowan, Rohrbach, Folk, Eldridge, Ferro and Hornbuckle:

H. B. 2725 - “A Bill to amend and reenact §18-9D-2 of the Code of West Virginia, 1931, as amended, relating to permitting playground facilities to be part of a school construction project”; to the Committee on Education then Finance.

H. B. 2726 - “A Bill to amend and reenact §55-8-16 of the Code of West Virginia, 1931, as amended, relating to choice of law in product liability actions”; to the Committee on the Judiciary.

By Delegates Householder, Cadle, Gearheart, Kurcaba, Statler, Wagner, Butler, Blair and Summers:

H. B. 2727 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-21, relating to exempting certain health care professionals from licensure requirements while performing charity care”; to the Committee on Health and Human Resources then the Judiciary.

H. B. 2728 - “A Bill to amend and reenact §33-24-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-25-6 of said code; to amend and reenact §33-25A-24 of said code; to amend and reenact §33-25D-26 of said code; to amend and reenact §33-40-1, §33-40-2, §33-40-3, §33-40-6 and §33-40-7 of said code; and to amend said code by adding thereto a new article, designated §33-40A-1, §33-40A-2, §33-40A-3, §33-40A-4, §33-40A-5, §33-40A-6, §33-40A-7, §33-40A-8, §33-40A-9, §33-40A-10, §33-40A-11, §33-40A-12 and §33-40A-13, all relating to risk-based capital reporting for health organizations; making health organizations subject to the statutory provisions concerning risk-based capital reporting; defining terms associated with risk-based capital reporting for health organizations; requiring a domestic health organization to file a risk-based capital report with the Insurance Commissioner; requiring a health organization to perform certain actions if the risk-based capital report indicates a negative financial trend or hazardous financial condition; requiring the Insurance Commissioner to conduct certain actions if the risk-based capital report of a health organization indicates a negative financial trend or hazardous financial condition; providing a health organization a right to a confidential hearing with respect to its risk-based capital report; making risk-based capital reports confidential; prohibiting the use of risk-based capital reports in the rate-making of a health organization; granting the Insurance Commissioner the authority to promulgate rules; requiring a foreign health organization to file a risk-based capital report with the Insurance Commissioner; and providing immunity to the Insurance Commissioner and his employees or agents for actions taken with respect to monitoring the financial stability of a health organization”; to the Committee on Banking and Insurance then Finance.

H. B. 2729 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-24, relating to the receipt of benefits from the Department of Health and Human Resources; requiring applicants to provide a social security number; requiring the department to establish an income eligibility verification system; requiring the system be used when an applicant first makes a benefit request and quarterly thereafter; describing how the system will be used; requiring notice; requiring investigations; permitting an applicant to respond; requiring a toll-free, state-wide call center to be established; requiring reports; and defining terms”; to the Committee on the Judiciary then Finance.

H. B. 2730 - “A Bill to amend and reenact §20-2-22a of the Code of West Virginia, 1931, as amended, relating to bear hunting and bear damage”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Perry, Boggs, Ferro, Ashley, Cadle, Storch, Perdue, Williams, Moye, Campbell and Morgan:

H. B. 2731 - “A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended; to amend and reenact §31-20-27 of said code; and to amend and reenact §49-5E-5a of said code, all relating to salaries for Division of Corrections, Regional Jail Authority, and Division of Juvenile Services employees; providing an increase in the annual salary of employees of the Division of Corrections, Regional Jail Authority, and Division of Juvenile Services; providing an increase in the starting salary of employees of the Division of Corrections, Regional Jail Authority, and Division of Juvenile Services; and providing for longevity pay increases for the employees of the Division of Corrections, Regional Jail Authority, and Division of Juvenile Services”; to the Committee on Finance.

By Delegates Howell, Sobonya, Rohrbach, Householder, Folk, Marcum, Kurcaba, Stansbury and Miller:

H. B. 2732 - “A Bill to amend and reenact §30-40-20 of the Code of West Virginia, 1931, as amended, relating to the Real Estate Commission and licenses issued by the commission; establishing time limitations on the filing of complaints of unprofessional conduct against a licensee; and tolling the time limits during criminal investigations and prosecutions”; to the Committee on Government Organization then the Judiciary.

H. B. 2733 - “A Bill to amend and reenact §60A-2-208 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-9-3, §60A-9-4, §60A-9-4a and §60A-9-5 of said code; and to amend and reenact §60A-10-16 of said code, all relating to removing certain combinations of drugs containing hydrocodone from Schedule III of the controlled substances law; updating the controlled substances monitoring law and extending the expiration date of provisions relating to the Multi-/State Real-Time Tracking System”; to the Committee on Health and Human Resources then the Judiciary.

H. B. 2734 - “A Bill to amend and reenact §60A-10-16 of the Code of West Virginia, 1931, as amended; relating to extending the Multi-State Real-Time Tracking System”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Householder, Cadle, Cowles, Gearheart, Kurcaba, Statler, Butler, Blair and Summers:

H. B. 2735 - “A Bill to amend and reenact §21A-1A-28 of the Code of West Virginia, 1931, as amended, relating to unemployment tax; altering an operative date in the definition of threshold wage”; to the Committee on Finance.

By Delegates J. Nelson, Howell, McGeehan, Householder, Hamrick, Ihle, Frich, Zatezalo, Moffatt, Reynolds and Sponaugle:

H. B. 2736 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-29-1, §17-29-2, §17-29-3, §17-29-4, §17-29-5, §17-29-6, §17-29-7, §17-29-8, §17-29-9, §17-29-10, §17-29-11, §17-29-12, §17-29-13, §17-29-14, §17-29-15, §17-29-16, §17-29-17 and§17-29-18, all relating to regulation of transportation network companies”; to the Committee on Roads and Transportation then the Judiciary.

H. B. 2737 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-21, relating to prohibiting a board from hiring a lobbyist”; to the Committee on Government Organization then the Judiciary.

H. B. 2738 - “A Bill to amend and reenact §29-20-1, §29-20-2, §29-20-3, §29-20-4 and §29-20-6 of the Code of West Virginia, 1931, as amended, all relating to the Women's Commission and placing it in the Department of Commerce”; to the Committee on Government Organization.

H. B. 2739 - “A Bill to amend and reenact §8-29-6 of the Code of West Virginia, 1931, as amended, relating to requiring regional airport authority board members to include persons of area expertise”; to the Committee on Government Organization then the Judiciary.

H. B. 2740 - “A Bill to amend and reenact §8-29-4 of the Code of West Virginia, 1931, as amended, relating to regional airports; reducing the terms of members; altering membership; and calculating membership for each municipality”; to the Committee on Political Subdivisions then Government Organization.

H. B. 2741 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-21, relating to uncompensated care”; to the Committee on Health and Human Resources then the Judiciary.

H. B. 2742 - “A Bill to amend and reenact §48-13-301, §48-13-302 and §48-13-303 of the Code of West Virginia, 1931, as amended, all relating to recalculating child support obligations”; to the Committee on the Judiciary.

H. B. 2743 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-1k, relating to additional duties of the Public Service Commission; authorizing the commission to approve expedited cost recovery of natural gas utility infrastructure projects deemed just and reasonable and in the public interest; making findings; establishing the application and hearing process; and providing for rule making”; to the Committee on Energy then Finance.

By Delegates Howell, Sobonya, Westfall, H. White, Williams, Householder, Marcum and Cowles:

H. B. 2744 - “A Bill to amend and reenact §24-2-1 of the Code of West Virginia, 1931, as amended, relating to all civil or criminal laws, rules, regulations, ordinances and policies now or hereafter created, administered, or enforced by any county, municipality or any other political subdivision of the state which are similar or otherwise related in any manner to the subject matter of any federal or state law or regulation governing, pertaining to, or otherwise regulating the environmental or operational aspects of any public utility within the jurisdiction of the Public Service Commission of West Virginia or any other entity regulated, in whole or in part, by the commission, except those public utilities owned and operated by any municipality or other political subdivision of the state; preempting and superseding such local laws, rules, regulations, ordinances and policies; and requiring express authorization of the Legislature before any such local law, rule, regulation, ordinance, or policy may be created”; to the Committee on Government Organization then the Judiciary.

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

H. B. 2745 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-10f, relating to exempt spending unit contracts for goods or services; requiring that an exempt spending unit obtain authorization from the director of purchasing before entering into a contract for an amount equal to or exceeding ninety percent of the value of the largest state contract entered into by that spending unit during the two most recent fiscal years”; to the Committee on Government Organization then Finance.

By Delegates Ashley, Arvon, Campbell, Espinosa, Westfall, McCuskey, Upson and P. Smith:

H. B. 2746 - “A Bill to amend and reenact §30-20A-1, §30-20A-2, §30-20A-3, §30-20A-4, §30-20A-5, §30-20A-6 and §30-20A-7 of the Code of West Virginia, 1931, as amended, all relating to requiring that athletic trainers be licensed, instead of registered, by West Virginia Board of Physical Therapy”; to the Committee on Government Organization.

H. B. 2747 - “A Bill to amend and reenact §6B-3-4 of the Code of West Virginia, 1931, as amended, relating to prohibiting the expenditures for meals and beverages for members of the Legislature and their staff by lobbyists and exception”; to the Committee on the Judiciary.

H. B. 2748 - “A Bill to amend and reenact §49-6-5 and §49-6-8 of the Code of West Virginia, 1931, as amended, all relating to living arrangements for children in foster care and living arrangements for children sixteen years or older; providing for considerations the court must consider when making a decision regarding planned permanent living arrangements; and setting forth necessary order provisions when the court is considering planned permanent living arrangements”; to the Committee on the Judiciary.

By Delegates Ellington, Howell, Border, Householder, Gearheart, Storch, Overington, Miller, Faircloth, Kurcaba and Pasdon:

H. B. 2749 - “A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the secondary schools athletic commission; and participation by home schooled students in extracurricular activities”; to the Committee on Education.

By Delegates Canterbury, Walters, McGeehan, A. Evans, Faircloth, Romine, Ambler, Cooper, Border and Ihle:

H. B. 2750 - “A Bill to repeal §55-2-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §55-2-1 of said code, all relating to abolishing the adverse possession of land”; to the Committee on the Judiciary.

By Delegates J. Nelson, McGeehan, Ihle, Weld, Eldridge, R. Smith, Folk, Zatezalo, H. White, Cadle and Lynch:

H. B. 2751 - “A Bill to repeal §20-2-19a of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-2-5, §20-2-42g and §20-2-42h of said code, all relating to hunting or trapping on private lands; removing restrictions for hunting or trapping on private lands on Sundays; and clarifying that hunting on private land at any time requires the written consent of the landowner”; to the Committee on Agriculture and Natural Resources then the Judiciary.

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

S. B. 389, Relating to Board of Registration for Professional Engineers license renewals and reinstatements,

Com. Sub. for H. B. 2160, WV Schools for the Deaf and Blind eligible for School Building Authority funding,

H. B. 2212, Changing the amount of severance tax revenue annually dedicated to the West Virginia Infrastructure General Obligation Debt Service Fund,

H. B. 2213, Reducing the distributions to the West Virginia Infrastructure Fund,

H. B. 2387, Relating to a framework for initiating comprehensive transformation of school leadership,

H. B. 2608, Cleaning up redundant language in the statute relating to misdemeanor offenses for violation of protective orders.

H. B. 2646, Legalizing and regulating the sale and use of fireworks, was reported by the Clerk.

Prior to advancing H. B. 2646 to Second Reading, the Speaker announced that the bill had been incorrectly reported from the Committee on Veterans’s Affairs on yesterday as having an amendment pending. He further stated to the Members that the bill in fact did not have an amendment pending.

Delegates Faircloth, Kurcaba and Westfall filed forms with the Clerk’s Office per House Rule 94b to be added as cosponsors of H. B. 2021, Implementing drug testing for recipients of federal-state and state assistance.

Delegate L. Phillips filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2130.

Delegate Summers filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2466.

At 11:41 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 16, 2015.