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 Monday, February 23, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Delegate Pasdon, Chair of the Committee on Education, 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 Finance.

In accordance with the former direction of the Speaker, the bill (H. B. 2840) was referred to the Committee on Finance.

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

H. B. 2884, Modifying training and development requirement for certain members of Higher Education Policy Commission, council for community and technical college education and institutional governing boards,

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

H. B. 2550, Increasing the number of unexcused absences of a student before action may be taken against the parent,

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. 2550) 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. 2474, Relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind,

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. 2474) was referred to the Committee on Finance.

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

Com. Sub. for S. B. 187, Authorizing Department of Revenue promulgate legislative rules,

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

H. B. 2234, Requiring a court to permit a party in a divorce proceeding to resume using the name he or she used prior to the marriage.

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

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

(a) The court, upon the entry of a final order of divorce shall, if requested to do so by a party, allow such party to resume a surname used prior to the marriage that is being dissolved: Provided, That the court may only allow a party to return to the surname of a former spouse if the person seeking the name change has a living child or children with said former spouse.

(b) Upon granting a change of name pursuant to subsection (a) of this section, the court shall issue a certificate of divorce reflecting the change in name. The certificate shall be no more than one page in length and shall contain the docket number and style of the divorce action, the birth name of the person requesting the change of name, said person’s date of birth, social security number and the effective date of the change of surname.

(d) A valid certificate of divorce issued pursuant to this section may be used for any lawful purpose and shall serve as proof of legal change of name for purposes of obtaining a driver’s license or state-issued identification card.”

Com. Sub. for H. B. 2234 - “A Bill to amend and reenact §48-5-613 of the Code of West Virginia, 1931, as amended, relating to court ordered name changes in divorce cases; authorizing the issuance of certificates of divorce to reflect a name change; setting forth the contents of said certificate; requiring attestation by the clerk of the court of certificates; allowing use of certificates for all lawful purposes and expressly authorizing a certificate’s use for drivers licensing and for obtaining a state-issued identification card.”

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.

Delegates Lynch, Moffatt, Reynolds, Hicks, Rodighiero, Moye, Perry, Perdue, Rowe, Guthrie and Sobonya offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 86 - “Requesting the Division of Highways to name the bridge going into Bergoo, Webster County on CR 26 the ‘Vince Cogar Memorial Bridge’.”

Whereas, Vince Cogar was born August 18, 1963, in Webster Springs to Garcie Risto and Josephine Emily Totino Cogar and was County Supervisor for the West Virginia Department of Transportation. He was a lifelong resident of Webster County, attended Bergoo Baptist Church, and was a member of the Sugar Creek Hunting Club. He enjoyed old cars, racing, and loved life. Vincent died on Sunday, May 5, 2013, at his home with his family by his side. He was survived by his wife Debra Ann Bonnett Cogar; sons Colton Lee Cogar of Bergoo and Clinton Clay Cogar of Buckhannon; his parents; brothers Bobby Cogar and Kaleib Cogar of Webster Springs; sisters Catheryne Lynn (Mitchell) Gregory of Webster Springs, Sharon (Bill) Holleman of Denton, NC, Theresa (Mark) Burnside of Rock Cave, Crisstina (Raymond Rodgers) Cogar of Webster Springs, and Vivian Cogar of Webster Springs; and

Whereas, Naming the bridge going into Bergoo, Webster County on CR 26 the “Vince Cogar Memorial Bridge” is an appropriate recognition of his contributions and his supreme sacrifice to his community and Webster County; therefore, be it

That the Division of Highways is hereby requested to name the bridge going into Bergoo, Webster County on CR 26 the “Vince Cogar 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 “Vince Cogar 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 the surviving relatives of Vince Cogar.

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

H. C. R. 87 - “Requesting the Division of Highways to name the bridge on Route 259 (Corridor H) crossing Sauer Kraut Road at Dutch Hollow in Hardy County, the ‘John and Wilbur Hahn Dutch Hollow Pioneers Bridge’.”

Whereas, John and Wilbur Hahn, the youngest sons of Lorenza and Amanda Rebecca Michael Hahn, family of five girls and three boys, went to school at Maple Grove, where they only had school for about four months. The Hahns trace their ancestry back to the Rhine Valley of Germany and immigrants from there who arrived in the United States sometime in the mid-to late 1800's. The Hahns came over on a boat with members of the Michael family, and branches of both families settled in Dutch Hollow. They farmed and, when the demand arose, cut timber in the woods around their homesteads. John is deceased and Wilbur, age eighty-nine, (has recently had a leg amputated), carried on that pioneering tradition of farming and pulpwood sawmill from 1939. They owned and operated a small gasoline-powered sawmill on their farm, with some help from John’s son Mickey in Dutch Hollow, Hardy County, despite the changes brought to the industry by modern technology. The brothers have remained part of a close-knit family, still enjoying Sunday dinners with relatives at the Hahn farmhouse, located near the site of the sawmill; and

Whereas, Naming that bridge on Route 259 (Corridor H) crossing Sauer Kraut Road at Dutch Hollow in Hardy County, the “John and Wilbur Hahn Dutch Hollow Pioneers Bridge” is an appropriate recognition of their family's pioneering contributions to their state, community and Hardy County; therefore, be it

That the Division of Highways is hereby requested to name the bridge on Route 259 (Corridor H) crossing Sauer Kraut Road at Dutch Hollow in Hardy County, the “John and Wilbur Hahn Dutch Hollow Pioneers 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 “John and Wilbur Hahn Dutch Hollow Pioneers 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 Wilbur Hahn and his family and the families of John Hahn.

Delegates Pushkin, R. Smith, Eldridge, Perdue, Byrd, Rowe, Fleischauer, Skinner, Romine, Storch, Fluharty and Reynolds offered the following resolution, which was read by its title and referred to the Committee Rules:

H. C. R. 88 - “Amending the Joint Rules of the Senate and the House by adding thereto a new Rule, designated Joint Rule 2a, relating to evening floor sessions by both the Senate and the House during the regular sessions of the Legislature.”

That the Joint Rules of the Senate and the House be amended by adding thereto a new Rule, designated Joint Rule 2a to read as follows:

2a. The Senate and the House shall meet at least twice during every regular session of the Legislature in evening floor sessions in order to allow citizens of the State who are working during the day an opportunity to view the Legislative process. The President of the Senate and the Speaker of the House shall designate the dates and times of the evening floor sessions.

Delegates Marcum, Speaker Armstead, Ambler, Anderson, Arvon, Ashley, Azinger, Blair, Boggs, Butler, Canterbury, Caputo, Cowles, Deem, Duke, Eldridge, Ellington, Espinosa, A. Evans, Faircloth, Ferro, Fluharty, Folk, Foster, Frich, Guthrie, Hamilton, Hartman, Hicks, Hill, Householder, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Lynch, Manchin, Marcum, Miley, Moffatt, Moore, Morgan, Moye, E. Nelson, J. Nelson, O’Neal, Pasdon, Perdue, Pethtel, L. Phillips, R. Phillips, Pushkin, Rodighiero, Romine, Rowan, Rowe, Skinner, P. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Trecost, Upson, Waxman, Weld, Westfall, B. White, H. White, Williams and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 89 - “Condemning ISIS, also known as ISIL, and supporting the eradication of this radical Islamic group.”

Whereas, The radical Islamic group known as ISIS and ISIL has been named by the United Nations as being responsible for human rights abuses and war crimes. Amnesty International has reported ethnic cleansing by the group on a “historic scale”. This group has been designated as a terrorist organization by the United Nations, the European Union, the United Kingdom, the United States, Australia, Canada, Indonesia, Malaysia, Turkey, Saudi Arabia, the UAE, Egypt, India, and Russia. Over sixty countries are directly or indirectly waging war against ISIS or ISIL; and

Whereas, The violent and barbaric methods, including suicide attacks on civilian targets and the widespread killing of prisoners and other innocent persons, including the recent killings by beheadings and burning alive are actions that must not be tolerated in the 21^st Century. The actions of this radical group and its extremism are even considered too severe by terrorist groups like al-Qaida; and

Whereas, This radical Islamic group must be stopped and that can only be accomplished by its complete eradication; therefore, be it

The radical Islamic group known as ISIS and ISIL be condemned for its violent and barbaric methods and killings and that this radical group be eradicated by all means necessary; and, be it

Further Resolved, That a copy of this Resolution be sent to the Senate and House of Representative of the Congress of the United States and to the President of the United States.

Delegate Cowles asked and obtained unanimous consent that, for the remainder of the session, members of Conference Committees be permitted to vote on any question or issue before the House which they may have missed as a direct result of their duties on Conference Committees, provided that such members notify the Clerk of the House in writing as to how they wished to vote and on the day the votes were missed, and that any such vote not change the outcome on any question.

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

By Delegates Pasdon, Storch, H. White, Gearheart, Bates, Walters, Cowles, Skinner, Hornbuckle and Shott:

H. B. 2889 - “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. 2890 - “A Bill to repeal §55-12A-3, §55-12A-6, §55-12A-7, §55-12A-8 and §55-12A-9 of the Code of West Virginia, 1931, as amended, and to amend and reenact §55-12A-1, §55-12A-2, §55-12A-4 and §55-12A-5 of said code, all relating to the procedure for claiming abandoned mineral interests; creating a procedure to quiet title to abandoned mineral interests by serving notice on a mineral rights owner and filing an affidavit with the county clerk within sixty days thereafter”; to the Committee on Energy then the Judiciary.

H. B. 2891 - “A Bill to amend and reenact §46A-2-121, §46A-2-122, §46A-2-125, §46A-2-126, and §46A-2-128 of the Code of West Virginia, 1931, as amended; to amend and reenact §46A-5-101 and §46A-5-106 of said code; and to amend said code by adding thereto a new section, designated §46A-5-107, all relating to unconscionability, defining creditor, debt collector and person, engaging any person in a telephone conversation, failure to disclose a caller's identity, convenient time for communicating with a consumer, unreasonable publication by disclosure of caller’s identity, affirmation of an obligation pursuant to bankruptcy law, means of giving notice of a consumer’s representation by an attorney, a ringing phone not answered by the consumer does not constitute a prohibited communication, damages and penalties for violation, no action may be brought more than four years after the violation or excess charge occurred, time allowed after discovery to correct an error without liability, adjustment of damages for inflation and venue of an action or proceeding brought by a consumer”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Pasdon, Duke, Miller, Hornbuckle, Perry, Rohrbach, Morgan and Sobonya:

H. B. 2892 - “A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing certain legislative rules regarding higher education; authorizing legislative rules for the Higher Education Policy Commission regarding capital project management, Underwood-Smith Teacher Scholarship Program and Nursing Scholarship Program; and authorizing legislative rule for the Council for Community and Technical College Education regarding capital project management”; to the Committee on Education.

H. B. 2893 - “A Bill to amend and reenact §7-18-1 of the Code of West Virginia, 1931, as amended, relating to clarifying that complimentary hotel rooms provided without charge to guests are not subject to the hotel occupancy tax”; to the Committee on Finance.

By Delegates Skinner, Fluharty, Sponaugle, Miley, Marcum, Byrd, Hornbuckle, Hartman, Campbell, Perry and Fleischauer:

H. B. 2894 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §11-21-8i and §11-21-12j; and to amend said code by adding thereto a new section, designated §11-24-25, all relating to providing tax breaks for employers assisting employees paying student loans; providing tax credits from personal and corporate income taxes; and providing modification reducing federal adjusted gross income for certain student loan payments”; to the Committee on Education then Finance.

H. B. 2895 - “A Bill to amend and reenact §11-3-2 of the Code of West Virginia, 1931, as amended, relating to requiring the assessor of each county, within three months of a deed filing in the county clerk's office of each county, to prepare a new property tax ticket and cause that tax ticket to be mailed from the county sheriff's office to the new property owner”; to the Committee on Political Subdivisions then Finance.

H. B. 2896 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-4a, relating to discrimination in employment of all public employees; prohibiting discrimination in the appointment, promotion, demotion or dismissal based upon sexual orientation; prohibiting favoritism or discrimination in any aspect of employment based upon sexual orientation”; to the Committee on Industry and Labor then the Judiciary.

H. B. 2897 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §59-1-2c, relating to creating Young Entrepreneur Reinvestment Act; waiving certain fees for individuals under thirty creating certain business organizations”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

H. B. 2898 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-1-6; and to amend and reenact §59-1-10 of said code, all relating to requiring each judicial circuit to have a court appointed special advocate program and each county to have a special advocate for children in abuse and neglect proceedings; raising the fee for a certified copy of a birth certificate, death certificate or marriage license from $5 to $11; and creating a fund within the State Treasury to pay for the implementation of court appointed special advocate programs and the hiring of special advocates”; to the Committee on the Judiciary then Finance.

By Delegates Caputo, Hamilton, Lynch, Fluharty, Hornbuckle, Storch, Moore, Skinner, Manchin and Miley:

H. B. 2899 - “A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to career progression of members of the State Police; increasing the longevity pay for members of the State Police; providing for certain increases in pay if certain educational attainment is met by members of the State Police; and adjusting the timing of certain salary changes”; to the Committee on Finance.

H. B. 2900 - “A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting certified professional estimator services from consumer sales and service tax; and defining a term”; to the Committee on Industry and Labor then Finance.

H. B. 2901 - “A Bill to amend and reenact §17C-6-1, §17C-6-2 and §17C-6-3 of the Code of West Virginia, 1931, as amended, all relating to the establishment of state speed restrictions; authorizing the Commissioner of Highways to determine the appropriate speed limit that is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, upon the basis of an engineering and traffic investigation; requiring commissioner to raise speeds on rural interstate highways if it is safe to do so; and when local authorities may alter speed limits”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Campbell, Perry, Reynolds, Pasdon, Rodighiero, Ellington, Rowan, Rohrbach, Hamrick, E. Nelson and Ashley:

H. B. 2902 - “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, §16-46-6 §16-46-7 and §16-46-8, all relating to creating the ABLE Act which allows savings accounts for individuals with a disability and their families to save private funds to support the individual with a disability”; to the Committee on Banking and Insurance then the Judiciary.

By Delegates Byrd, Skinner, Fleischauer, Manchin, Miley, Sobonya, Summers, Weld, B. White, Rowe and Guthrie:

H. B. 2903 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-23a, relating to providing a tax credit for first time home buyers; establishing eligibility criteria; and setting a maximum credit”; to the Committee on Finance.

H. B. 2904 - “A Bill to amend and reenact §7-1-7 of the Code of West Virginia, 1931, as amended, relating to county ordinances; requiring the clerk of a county commission to maintain a county ordinance book”; to the Committee on Political Subdivisions then the Judiciary.

H. B. 2905 - “A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to athletic coaches in public schools; eliminating the requirement that schools select currently employed professional educators over other applicants for extracurricular coaching positions”; to the Committee on Education.

H. B. 2906 - “A Bill to amend and reenact §7-21-3 of the Code of West Virginia, 1931, as amended, relating to county budget stabilization funds; requiring that a county itemize and publish all activity related to budget stabilization funds in the county's annual financial statements”; to the Committee on Political Subdivisions then Finance.

H. B. 2907 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to creating the West Virginia Student Education Incentive Act; and providing taxpayers repaying their own student loans a modification reducing federal adjusted gross in the amount of the principal and interest paid, for personal income tax purposes”; to the Committee on Finance.

H. B. 2908 - “A Bill to amend and reenact §24-2-2 of the Code of West Virginia, 1931, as amended, relating generally to public service districts; prohibiting shifting future development costs onto existing public service district customers”; to the Committee on the Judiciary.

By Delegates Skinner, Fluharty, Pushkin, Ihle, Reynolds, Perdue, Eldridge, McGeehan, Storch, Canterbury and Sponaugle:

H. B. 2909 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-8A-1, §16-8A-2, §16-8A-3, §16-8A-4, §16-8A-5, §16-8A-6, §16-8A-7, §16-8A-8, §16-8A-9, §16-8A-10, §16-8A-11, §16-8A-12, §16-8A-13, §16-8A-14, §16-8A-15, §16-8A-16, §16-8A-17, §16-8A-18, §16-8A-19, §16-8A-20, §16-8A-21, §16-8A-22, §16-8A-23 and §16-8A-24, all relating to creating the ‘Compassionate Use Act for Medical Cannabis’; providing for protections for the medical use of cannabis; limitations of article; prohibiting discrimination; authorizing addition of debilitating medical conditions; registration of qualifying patients and designated caregivers; issuance of registry identification cards; affirmative defense and dismissal for medical marihuana; providing misdemeanor offense and criminal penalties for disclosing certain information; and otherwise providing for the enforcement of this article”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates R. Phillips, Hartman, Stansbury, Marcum, Bates, Eldridge, J. Nelson, R. Smith, H. White, Gearheart and Butler:

H. B. 2910 - “A Bill to repeal §22A-6-1, §22A-6-2, §22A-6-3, §22A-6-4, §22A-6-5, §22A-6-6, §22A-6-7, §22A-6-8, §22A-6-9, §22A-6-10, §22A-6-11, §22A-6-12, §22A-6-13 and §22A-6-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §22A-1-1, §22A-1-2, §22A-1-3, §22A-1-4, §22A-1-5, §22A-1-6, §22A-1-7, §22A-1-8, §22A-1-9, §22A-1-11, §22A-1-12 §22A-1-13, §22A-1-14, §22A-1-15, §22A-1-19, §22A-1-20, §22A-1-21; to amend said code by adding thereto a new section, designated §22A-1-3a; and to amend and reenact §22A-2-3, §22A-2-4, §22A-2-8, §22A-2-12, §22A-2-14, §22A-2-20, §22A-2-25, §22A-2-36, §22A-2-55 and §22A-2-77 of said code, all relating to preserving employment and promoting health and safety in the coal industry; reorganizing the Office of Miners' Health, Safety and Training; providing for appointment of deputy directors; segregating the office into districts; continuing the Board of Coal Mine Health and Safety within the office of Miners' Health; redefining qualifications for members of board; abolishing coal mine safety and technical review committee; providing for the promulgation of rules; removing the probationary period and permanent tenure for mine inspectors; providing for mine inspectors, safety instructors, electrical inspectors and surface inspectors to serve at the will and discretion of director, barring conflicts of interest; changing the requirements for requesting immediate inspection and requires request in writing; providing for representative of operator to accompany representative of director on inspections; providing for findings, orders, notices; removing the requirement that entire mine be given closure order when director determines area of imminent danger does not include entire mine; providing that all orders or decisions of director subject to judicial review; requiring the director to file civil actions in circuit court of county where mine is located; removing the requirement that civil penalties be deposited in Special Health, Safety and Training Fund; requiring all working places be examined for hazards once per shift; eliminating the requirement to use obsolete equipment; eliminating the requirement that operator provide safety committee anonometers and smoke tubes; providing that miners may return to underground working areas if ventilation restored and mine determined to be safe; changing the intervals hinged man doors required; increasing the numbers of apprentices under supervision of trainer; removing the authority of director to propose emergency rules; changing who may receive fire boss report; providing for the instruction of persons affected by revisions to roof control plans; eliminating the requirement that man trip be idle one hour before transporting men; and requiring filing of mine operator report with director quarterly instead of monthly”; to the Committee on Energy then the Judiciary.

H. B. 2911 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1E-1, §21-1E-2, §21-1E-3, §21-1E-4 and §21-1E-5, all relating to creating the Voluntary Political Contribution Act; providing a short title; establishing how a labor organization may collect and use moneys for political activities; providing a criminal penalty; defining terms; and requiring funds established by labor organizations for political activities to register the fund as a political action committee”; to the Committee on the Judiciary.

H. B. 2912 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2E-3, relating to third-party telecommunications services provided to residential and business consumers yet billed through the customer's telephone company or telecommunications service provider”; to the Committee on the Judiciary.

H. B. 2913 - “A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to terminating the Municipal Home Rule Pilot Program and Municipal Home Rule Board; allowing municipalities throughout the state an opportunity to enact any ordinance, act, resolution, rule or regulation resulting from the Municipal Home Rule Pilot Program”; to the Committee on Government Organization then the Judiciary.

H. B. 2914 - “A Bill to amend and reenact §7-25-11 and §7-25-15 the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto two new sections, designated §7-25-7a and §7-25-27, all relating generally to resort area districts; providing for voluntary dissolution of a resort area district; establishing a procedure for a dissolution; permitting nominations for resort area board members be made by mail or electronic means; permitting property owners to make nominations; providing for election of board members by plurality vote instead of by a majority vote; limiting the amount of assessments that may be levied against a parcel of real property; establishing a procedure for assessments proposed by a board on its own initiative; and providing for the effect of 2015 amendments”; to the Committee on Finance.

H. B. 2915 - “A Bill to amend and reenact §60-3A-17 of the Code of West Virginia, 1931, as amended, relating generally to wholesale sales of liquor; and directing commissioner to increase wholesale prices of liquor purchased from state to generate funds to promote travel and tourism in West Virginia”; to the Committee on Government Organization then Finance.

By Delegates E. Nelson, Ashley, Anderson, Boggs, Williams, H. White, Storch, Gearheart, Bates, Espinosa and O’Neal:

H. B. 2916 - “A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to providing limited borrowing authority to the Governor for the completion of renovations to Capitol Complex Building 3”; to the Committee on Finance.

H. B. 2917 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2, §11-13DD-3, §11-13DD-4, §11-13DD-5, §11-13DD-6, §11-13DD-7, §11-13DD-8, §11-13DD-9 and §11-13DD-10, all relating to establishing a Hotel and Restaurant Renovation Tax Credit; legislative findings; defining terms; establishing credit amount; application for certification of project required; application fee required; use of credit to offset sales tax generated by project in excess of baseline sales tax amount; claiming the credit; authority to promulgate rules; and effective date”; to the Committee on Finance.

H. B. 2918 - “A Bill to amend and reenact §46A-3-112 and §46A-3-113 of the Code of West Virginia, 1931, as amended, all relating to delinquency charges on loans, and the order of credit of payments to determine whether a delinquency fee may be applied”; to the Committee on Banking and Insurance then Finance.

By Delegates Rowe, Sponaugle, Pushkin, Miller, Skinner, Pasdon, Guthrie, Bates, Fluharty, Trecost and Sobonya:

H. B. 2919 - “A Bill to amend and reenact§10-1-20 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Library Commission; and requiring the Library Commission to survey the libraries of the state and develop a ten year plan for construction and maintenance of public libraries”; to the Committee on Government Organization then Finance.

H. B. 2920 - “A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended; to amend and reenact §9-2-6 of said code; and to amend and reenact §9-5-22 of said code, all relating to vesting the Public Employees Insurance Agency with the authority to negotiate and executing all health care and ancillary contracts for the Medicaid program”; to the Committee on Banking and Insurance then Finance.

H. B. 2921 - “A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to eliminating the courtesy patrol program; abolishing the courtesy patrol fund; and directing any remaining balance to the tourism promotion fund”; to the Committee on Government Organization then Finance.

By Delegates Miley, Miller, Ashley, Skinner, Hornbuckle, Williams, Sponaugle, R. Smith and A. Evans:

H. B. 2922 - “A Bill to amend and reenact §31-15A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-15C-1, §31-15C-3, §31-15C-4, §31-15C-9 and §31-15C-14 of said code, all relating to the Broadband Deployment Council; reestablishing the council; making a member of council a member of infrastructure council; directing federal funds for broadband to council; revising council membership; and revising power and duties of council”; to the Committee on Government Organization then Finance.

H. B. 2923 - “A Bill to amend and reenact §17C-12-9 of the Code of West Virginia, 1931, as amended, relating to complaints by school bus drivers, against drivers who illegally pass or overtake a school bus, based on the school bus driver's personal knowledge of the identity of the driver, the vehicle or the license plate number of the vehicle”; to the Committee on Education then the Judiciary.

H. B. 2924 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-29B-10a, relating to directing the Health Care Authority to establish a council to investigate and recommend to the authority pricing guides for pharmaceuticals that exclude advertising costs”; to the Committee on Health and Human Resources.

H. B. 2925 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-2A-5a, relating to drug testing of legislators”; to the Committee on the Judiciary then Finance.

H. B. 2926 - “A Bill to amend and reenact §46A-3-114 of the Code of West Virginia, 1931, as amended, relating to deferral charges in connection with a consumer credit sale or consumer loan, refinancing or consolidation, modification charges in connection with a consumer credit sale or consumer loan, refinancing or consolidation, and defining a modification”; to the Committee on Banking and Insurance then Finance.

H. B. 2927 - “A Bill to amend and reenact §29-22B-328 of the Code of West Virginia, 1931, as amended, relating to clarifying restriction of businesses selling petroleum products from creating a restricted adult-only facility”; to the Committee on the Judiciary.

H. B. 2928 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-35, relating to allowing inmates to perform the community service of providing upkeep to cemeteries”; to the Committee on the Judiciary.

H. B. 2929 - “A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to availability of military service credit for members of the West Virginia Public Employees Retirement System; clarifying that active service under Title 10 and Title 32 of the United States Code, and active state service in the West Virginia National Guard qualify for military service credit; clarifying the methodology for awarding military service credit, clarifying the prohibition on use of military service to obtain military service credit in more than one retirement system administered by the board; clarifying applicability of liberality clause to the board's decisions to grant or deny requests for military service credit; and making other technical clarifications and corrections”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

H. B. 2930 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4F-1, §9-4F-2, §9-4F-3 and §9-4F-4, all relating to the creation of managed care programs for the aged, blind, disabled and long term services and support for Medicaid populations”; to the Committee on Health and Human Resources then Finance.

H. B. 2931 - “A Bill to amend and reenact §60A-2-204 of the Code of West Virginia, 1931, as amended, relating to adding drugs to the classification of schedule I drugs”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Ashley, E. Nelson, Boggs, Anderson, Miller, Gearheart, H. White and Williams:

H. B. 2932 - “A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931, as amended; relating to the distribution of wireless enhanced 911 fees; creating a special account; authorizing the funds distributed for the West Virginia Interoperable Radio Project to be administered by the State Police for maintenance and upgrades to the system”; to the Committee on Finance.

By Delegates Pasdon, Butler, Moffatt, Waxman, Storch, Espinosa, Lane, Kessinger, Sobonya, Howell and Duke:

H. B. 2934 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-5b, relating to repealing the common core standards; making findings with respect to frequent changes in standards and assessments, increasing federal intrusion on West Virginia's Process for Improving Education, including standards, assessments and accountability system; making findings with respect to inappropriate usurpation of state sovereignty over public education; making findings with respect to school funding sources; making findings with respect to ESEA flexibility relief; directing actions by Governor, Legislature, state board and state superintendent with respect to reauthorization of Elementary and Secondary Education Act; directing comprehensive standards review by state board; directing repeal of Common Core Standards; directing college and career standards; suspending use of state summative assessment results except for limited purposes; requiring information and reporting; and monitoring by Legislative Oversight commission”; to the Committee on Education.

By Delegates Pasdon, Statler, Kurcaba, Rohrbach, Miller, Sobonya, Morgan, Reynolds and Espinosa:

H. B. 2935 - “A Bill to repeal §18B-7-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-2A-3 and §18B-2A-4 of said code; to amend and reenact §18B-4-2a of said code; to amend and reenact §18B-7-1, §18B-7-2, §18B-7-8, §18B-7-9 and §18B-7-11 of said code; to amend and reenact §18B-9-1 and §18B-9-2 of said code; to amend and reenact §18B-9A-1, §18B-9A-2, §18B-9A-3, §18B-9A-4, §18B-9A-5, §18B-9A-6 and §18B-9A-7 of said code; and to amend said code by adding thereto a new article, designated §18B-9B-1, all relating to public education higher education personnel generally; clarifying roles of Higher Education Policy Commission, Council for Community and Technical College Education and state organizations of higher education; eliminating outdated and redundant reporting requirements; clarifying duties of vice chancellor for human resources of the Higher Education Policy Commission; mandating periodic human resource reviews by state organizations of higher education; providing legislative purposes and intent for higher education personnel; defining terms; providing for evaluation and reviews of organizations for certain human resource deficiencies, best practices and compliance with state higher education personnel laws; providing limitations relating to percentages of employees designated as ‘nonclassified’ with certain exceptions; establishing formulas for calculating percentage of nonclassified employees; clarifying that certain provisions are only applicable to classified employees; clarifying powers and duties of the Compensation Planning and Review Committee; providing that the Higher Education Policy Commission shall develop a model minimum salary schedule using West Virginia Workforce data that organizations shall follow except in certain instances; eliminating requirement that salary schedules fall within relative market equity; providing that the Higher Education Policy Commission in developing salary schedules for classified employees shall consider equity and the amount necessary to earn a living wage; providing for organizational accountability in human resources and a mechanism by which state organizations of higher education may dispute deficiency findings; providing state organizations of higher education with the ability to propose and implement approved legislative rules relating to classification and compensation with certain exceptions; requiring state organizations of higher education proposing legislative rules create classification and compensation committees; and requiring any rule proposed by a state organization of higher education incorporate best human resources practices, address areas of accountability, employee classification and compensation and performance evaluation”; to the Committee on Education then Finance.

By Delegates Miley, Miller, H. White, Skinner, Sponaugle, Storch, Ashley, Bates, Williams, Hamilton and Kessinger:

H. B. 2936 - “A Bill to amend and reenact §31-15-2 and §31-15-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31-15-12b, all relating to the West Virginia Economic Development Authority; adding legislative findings; defining terms; and providing requirements for loan criteria for loans to tourism projects”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

H. B. 2937 - “A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-8-4 of said code; and to amend and reenact §60-3A-17, all relating to designating $5 million per year, for four years, collected from beer, wine, and liquor taxes to the Fight Substance Abuse Fund”; to the Committee on Health and Human Resources then Finance.

H. B. 2938 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-22, relating to requiring the West Virginia Supreme Court of Appeals to maintain a searchable, criminal database containing copies of all arrests and convictions by all the courts in the state”; to the Committee on the Judiciary then Finance.

H. B. 2939 - “A Bill to amend and reenact §49-6A-2 and §49-6A-8 of the Code of West Virginia, 1931, as amended, relating to requirements for mandatory reporting of sexual offenses on school premises involving students; adding conduct that must be reported; defining conduct; creating penalties for failure to report; and increasing penalties for other reporting requirements”; to the Committee on the Judiciary.

H. B. 2940 - “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 and §17-29-14, all relating to creating the Tourist-Oriented Directional Signs Program; stating legislative purpose; setting forth application and eligibility requirements; establishing design and content guidelines; establishing sign location and placement criteria; establishing fee schedule; setting forth maintenance responsibility; permitting revocation of participation in the program; granting that the rule making is exempt from the state Administrative Procedures Act, but shall be filed with the Secretary of State; and defining terms”; to the Committee on Roads and Transportation then Finance.

H. B. 2941 - “A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to conditions under which used manufactured homes may be sold with warranty exclusions, limitations or modifications; allowing used manufactured homes to be sold with warranty limitations; allowing a waiver of warranties of particular defects disclosed in writing; establishing conditions permitting as is sales of used manufactured homes; and requiring conspicuous disclosure of as-is sale conditions”; to the Committee on the Judiciary.

H. B. 2942 - “A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended, relating to modifying the definition of child abuse or neglect to exclude accidental injury”; to the Committee on the Judiciary.

H. B. 2943 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16-3x, relating to establishing a system to reduce the cost of medical care paid by the private medical insurance companies by providing incentives to covered policy-holders to obtain treatment in low cost foreign health care facilities accredited by the Joint Commission International”; to the Committee on Banking and Insurance then Health and Human Resources.

By Delegates McCuskey, Hartman, Morgan, R. Phillips, Reynolds, Storch, Walters and B. White:

H. B. 2944 - “A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3A-18 of said code; to amend and reenact §60-7-12 of said code; and to amend and reenact §60-8-34 of said code, all relating to allowing restaurants, retailers, private clubs, mini-distilleries and wineries to sell alcohol at 10:00 a.m. on Sundays”; to the Committee on the Judiciary then Finance.

By Delegates Hanshaw, Canterbury, Ashley, Cooper, Walters, Fleischauer, Ambler, D. Evans, Guthrie, Manchin and Skinner:

H. B. 2945 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6 and §5B-2I-7, all relating to authorizing local units of government to adopt local energy efficiency partnership programs and to create districts to promote the use of energy efficiency improvements by owners of certain real property; providing for the financing of the programs through voluntary property assessments, commercial lending, and other means; to authorize a local unit of government to issue bonds, notes, and other evidences of indebtedness and to pay the cost of energy efficiency improvements from the proceeds thereof; providing for the repayment of bonds, notes, and other evidences of indebtedness; to authorize certain fees; prescribing the powers and duties of certain governmental officers and entities; and providing remedies”; to the Committee on Political Subdivisions then Finance.

By Delegates Miley, Anderson, Westfall, Manchin, Ireland, Longstreth and McCuskey:

H. B. 2946 - “A Bill to amend and reenact §22C-8-8 of the Code of West Virginia, 1931, as amended, relating to the spacing of shallow horizontal wells on a multiwell pad; and authorizing the Shallow Gas Well Review Board to grant waivers of minimum distance requirements for shallow wells, to encourage and accommodate pad drilling of multiple oil or gas wells from the same target formation”; to the Committee on Energy then the Judiciary.

H. B. 2947 - “A Bill to amend and reenact §16-29B-8 of the Code of West Virginia, 1931, as amended, relating to provider tax on hospitals to fund health care cost review fund; requiring the board to assess hospitals based on net revenue”; to the Committee on Health and Human Resources then Finance.

H. B. 2948 - “A Bill to amend and reenact §30-30-18 of the Code of West Virginia, 1931, as amended, relating to exemptions from the Social Work Licensing requirements of this article”; to the Committee on Government Organization.

H. B. 2949 - “A Bill to amend and reenact §30-30-16 of the Code of West Virginia, 1931, as amended, relating to requirements for provisional social worker licenses”; to the Committee on Government Organization.

H. B. 2950 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-25, relating to personal income tax; providing for a $1,000 tax credit against personal income tax in tax years 2016-2017 for recent graduates of higher education programs”; to the Committee on Finance.

By Delegates Pushkin, Ihle, J. Nelson, Faircloth, Azinger, Folk, Blair and Fast:

H. B. 2951 - “A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to recognizing those in active military service as residents for the purpose of obtaining concealed carry permits while stationed at a West Virginia military installation”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

H. B. 2952 - “A Bill to amend and reenact §5A-3-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-6-8 of said code; and to amend said code by adding thereto a new article, designed §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9 and §15-14-10, all relating to creating the Statewide Interoperable Radio Network; establishing a short title; defining terms; establishing objectives and a purpose; creating the Statewide Interoperable Radio Network; creating the Statewide Interoperable Coordinator; prescribing duties for the Statewide Interoperability Coordinator; creating the statewide Interoperability Executive Committee; prescribing duties for the Statewide Interoperability Executive committee; creating the Regional Interoperability Committees; providing for disposition of assets and staffing of the Statewide Interoperable Radio Network; establishing a special revenue account for the Statewide Interoperable Radio Network; exempting the Statewide Interoperable Radio Network from certain Purchasing Division requirements; and authorizing emergency and legislative rule-making”; to the Committee on Government Organization then Finance.

H. B. 2953 - “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 other tobacco products”; to the Committee on Health and Human Resources then Finance.

By Delegates Miley, Williams, Hornbuckle, Moye, Bates, L. Phillips, Reynolds, Perry, Moore, Rodighiero and Pushkin:

H. B. 2954 - “A Bill to amend and reenact §18C-7-2, §18C-7-3, §18C-7-6 and §18C-7-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22A-10b of said code, all relating to expanding the promise scholarship to technical and community college students; providing eligibility requirements; allowing State Board of Education to promulgate rules for institution eligibility and to otherwise criteria for the program; and transferring moneys from the Greyhound Breeding Development Fund to fund the new promise program”; to the Committee on Education then Finance.

H. B. 2955 - “A Bill to amend and reenact§29-21-13a of the Code of West Virginia, 1931, as amended, relating to Public Defender Services; increasing the hourly rate for attorneys for in court and out of court work; permitting attorneys who spend at least sixty percent of their practice in appointed case to enroll in the Public Employees Insurance Act; and requiring the executive director to propose rules, for legislative approval, that relate to requirement to enroll in the Public Employees Insurance Act”; to the Committee on the Judiciary then Finance.

H. B. 2956 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-1-3, relating to the preservation of rights guaranteed by the West Virginia Constitution and the United States Constitution when deciding the comity of a legal decision in a foreign country, the choice of law used for contractual interpretations and choice of forum; exempting businesses; making legislative findings; stating public policy; defining a term; and providing a severability provision”; to the Committee on the Judiciary.

By Delegates Skinner, Walters, Upson, Zatezalo, Hamrick, Statler, Miller and Caputo:

H. B. 2957 - “A Bill to amend and reenact §60-1-4 and §60-1-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3-1 of said code; to amend and reenact §60-3A-1 and §60-3A-17 of said code; and to amend and reenact §60-4-3 and §60-4-3a of said code, all relating to sales of liquor by distilleries and mini-distilleries”; to the Committee on the Judiciary then Finance.

H. B. 2958 - “A Bill to amend and reenact §60-4-3a of the Code of West Virginia, 1931, as amended, relating to removing the requirement that distillery or mini-distilleries submit to the commissioner ten percent of the gross sales price or each retail liquor sale for the value of all sales at the distillery or the mini-distillery each month for distribution to market zone retailers”; to the Committee on the Judiciary then Finance.

H. B. 2959 - “A Bill to amend and reenact §19-9-34 of the Code of West Virginia, 1931, as amended, relating to allowing the use of rotary drum composters to destroy or dispose of the carcass of any animal to prevent the spread of disease”; to the Committee on Agriculture and Natural Resources then the Judiciary.

H. B. 2960 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-16b, relating to emergency preparedness drills in schools; requiring a three day notice of drills; permitting parents or guardians to refuse participation; and exempting fire drills from notice requirement”; to the Committee on Education.

By Delegates Eldridge, R. Phillips, Lynch, Marcum, H. White, Fluharty, Trecost, Ferro, Sponaugle, L. Phillips and Campbell:

H. B. 2961 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4l, relating to abuse-deterrent opioid analgesic drugs”; to the Committee on Health and Human Resources then the Judiciary.

H. B. 2962 - “A Bill to amend and reenact §16-32-2 and §16-32-11 of the Code of West Virginia, 1931, as amended, relating to asbestos abatement on pipes; and exempting certain wrapped pipe removal from asbestos abatement requirements”; to the Committee on the Judiciary.

H. B. 2963 - “A Bill to amend and reenact §61-2-14a of the Code of West Virginia, 1931, as amended, relating to expanding the definition of kidnaping to include taking or gaining custody of, confining or concealing another person by force or threat of force, or by duress, fraud, deceit, misrepresentation or enticement; and including existing criminal penalty”; to the Committee on the Judiciary.

By Delegates Weld, B. White, Sobonya, Foster, Hanshaw, Folk, Campbell, Waxman and Byrd:

H. B. 2964 - “A Bill to amend and reenact §31-20-5e of the Code of West Virginia, 1931, as amended, relating to allowing e-mails and other types of electronic communications to and from regional jail inmates be monitored, intercepted, recorded and disclosed; and providing exception for attorney-client privileged communications”; to the Committee on the Judiciary.

H. B. 2965 - “A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to providing that a person using an object that reasonably appears to be a firearm or other deadly weapon, during a robbery or attempted robbery is guilty of robbery in the first degree; and including existing criminal penalties”; to the Committee on the Judiciary.

H. B. 2966 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-13, relating to the Senior Farmers’ Market Nutrition Program; making legislative findings and intent; creating the Senior Farmers’ Market Nutrition Program Fund; and requesting additional funds to be added to the fund”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegates Longstreth, Caputo, Manchin, Howell, Cadle, Butler, Hamrick and Gearheart:

H. B. 2967 - “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §11-1C-5c, relating to appraisal value of certain motor vehicles for purposes of ad valorem property taxes; and providing that the appraised value of an antique motor vehicle is a maximum of $3,000 for purposes of ad valorem property taxes”; to the Committee on the Judiciary then Finance.

By Mr. Speaker, Mr. Armstead, and Delegates Ashley, Bates, Perry, Kessinger, Hicks, Cooper, Shott, McCuskey and Arvon:

H. B. 2968 - “A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting from property tax certain properties in this state owned by nonprofit youth organizations and built at cost of at least $100 million; setting forth the restrictions affecting the property; setting forth permitted activities; requiring the property owner to pay four percent of the net revenues; establishing how that four percent is to be allocated; requiring reports; and defining terms”; to the Committee on Finance.

H. B. 2969 - “A Bill to amend and reenact §7-21-3 of the Code of West Virginia, 1931, as amended, relating to county budget stabilization funds; requiring that a county itemize and publish all activity related to budget stabilization funds in the county's annual financial statements”; to the Committee on Political Subdivisions then Finance.

By Delegates Marcum, R. Phillips, Reynolds, J. Nelson, Smith, R. Eldridge, Perdue, Hamilton, Ireland, Folk and H. White:

H. B. 2970 - “A Bill to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-12-16 of said code, all relating to authorizing county commissions and municipalities to cooperate and enter into agreements removing or demolishing dwellings or buildings unfit for human habitation”; to the Committee on Political Subdivisions then the Judiciary.

H. B. 2971 - “A Bill to amend and reenact §16-4C-3, §16-4C-4, §16-4C-5 and §16-4C-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §16-4C-4a, §16-4C-4b and §16-4C-5a, all relating to emergency medical services; continuing the Office of Emergency Medical Services as an independent office within the Department of Military Affairs and Public Safety; updating definitions; creating the positions of Executive Director, Medical Director and Administrative Director for the office; establishing and clarifying the powers and duties of the directors; establishing the Emergency Medical Services Commission with nine members; and requirements for the state medical protocols”; to the Committee on Government Organization.

By Delegates Overington, Moffatt, Sobonya, Statler, Butler, Frich, Foster and Zatezalo:

H. B. 2972 - “A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required courses of school instruction generally; requiring the accumulation of one and one-half years of instruction in the study of the Declaration of Independence and other founding American historical documents including the Bill of Rights and requiring study of the historical, political and social environments at the time these documents were generated before high school graduation; and removing misdemeanor penalty”; to the Committee on Education then the Judiciary.

By Delegates Pasdon, Statler, Kurcaba, Rohrbach, Miller, Morgan, Perdue and Reynolds:

H. B. 2973 - “A Bill to amend and reenact §12-3A-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-5-4, §18B-5-6 and §18B-5-7 of said code; and to amend said code by adding thereto a new section, designated §18B-5-4a, all relating to public higher education procurement and payment generally; receipting of electronic commerce purchases; purchase or acquisition of materials, supplies, equipment, services and printing at institutions of higher education; construction projects at Marshall University and West Virginia University; design-build procurement at institutions of higher education; and disposition of obsolete and unusable equipment, surplus supplies and other needed materials at institutions of higher education”; to the Committee on Education then Finance.

H. B. 2974 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5, §5-30-6 and §5-30-7, all relating to early childhood development; creating Office of Early Childhood Collaboration; requiring appointment of executive director; establishing powers and duties; submission of annual report to Governor and Joint Committee on Government and Finance; establishing priorities; continuing West Virginia Early Childhood Advisory Council; and creating Early Childhood Development Fund”; to the Committee on Government Organization then Finance.

By Delegates Storch, Howell, D. Evans, Zatezalo, Weld, McGeehan, Fluharty and Ferro:

H. B. 2975 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-4-9a, relating to the assessment of oil and gas mineral interests”; to the Committee on Energy then the Judiciary.

H. B. 2976 - “A Bill to amend and reenact §18C-3-4 of the Code of West Virginia, 1931, as amended, relating to expanding the eligible master's and doctoral level programs for which a Nursing Scholarship may be awarded”; to the Committee on Education.

By Delegates Storch, D. Evans, Gearheart, Ashley, Howell, Zatezalo, Westfall, Fluharty and Ferro:

H. B. 2977 - “A Bill to amend and reenact §5A-11-3 of the Code of West Virginia, 1931, as amended, relating to collecting rents and royalties from leases of public lands; and providing that rents and royalties from leases of the minerals under the state's rivers and streams shall be expended for road paving and maintenance”; to the Committee on Roads and Transportation then Finance.

H. B. 2978 - “A Bill to amend and reenact §17C-16-2 and §17C-16-4 of the Code of West Virginia, 1931, as amended, relating to inspection of vehicles and providing that defects in windshields and windows that do not obscure vision are not unsafe conditions preventing a vehicle from passing state inspection”; to the Committee on Roads and Transportation then the Judiciary.

H. B. 2979 - “A Bill to amend and reenact §7-5-22 of the Code of West Virginia, 1931, as amended, relating to clarifying that the county or regional solid waste authority that may impose and collect an additional solid waste assessment fee is the county or region where the waste originates”; to the Committee on Political Subdivisions then the Judiciary.

H. B. 2980 - “A Bill to repeal §61-7-3 and §61-7-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §20-2-6a of said code; and to amend and reenact §61-7-4 of said code, all relating to the right to bear arms in West Virginia; providing that a concealed weapon license is not required when carrying a concealed handgun for self defense while hunting, hiking, camping or in a motor vehicle; repealing criminal penalty provision for carrying a deadly weapon without license or other authorization; repealing provision relating to exceptions to prohibitions against carrying concealed handguns and from licensing fees; removing requirement that a holder of a license to carry a deadly weapon carry a state issued identification with the weapons license while carrying a concealed weapon and the criminal penalty for violation; and providing the availability of a license does not create a general prohibition on the unlicensed transport or carrying of a deadly weapon”; to the Committee on the Judiciary.

H. B. 2981 - “A Bill to amend and reenact §18-7D-6 of the Code of West Virginia, 1931, as amended, relating to purchase of service credit following transfer to the State Teachers Retirement System”; to the Committee on Education then Finance.

H. B. 2982 - “A Bill to amend and reenact §24-2F-8 of the Code of West Virginia, 1931, as amended, relating to net metering; defining net metering; defining customer-generator; requiring the Public Service Commission adopt certain net metering and interconnection rules and standards; striking deadlines for rulemaking by the Public Service Commission; and capping the amount of generating capacity subject to net metering”; to the Committee on Energy then the Judiciary.

H. B. 2983 - “A Bill to amend and reenact §7-11-5 of the Code of West Virginia, 1931, as amended, relating to prohibit a county parks commission from rule-making authority as it regards firearms”; to the Committee on the Judiciary.

By Delegates Storch, Westfall, Pethtel, Gearheart, Howell, Rowan, D. Evans, Zatezalo and Fluharty:

H. B. 2984 - “A Bill to amend and reenact §15-3B-3 of the Code of West Virginia, 1931, as amended, relating to creating a Silver Alert program for senior citizens; defining a term; and providing an establishment date”; to the Committee on Senior Citizen Issues then the Judiciary.

H. B. 2985 - “A Bill to amend and reenact §22-15-8 of the Code of West Virginia, 1931, as amended, relating to establishing radiation levels for oil and gas drill cuttings that are disposed in solid waste, and to allow mixing of drill cuttings with dirt and other substances”; to the Committee on Energy then the Judiciary.

H. B. 2986 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2c, relating to increasing pay to teachers”; to the Committee on Education then Finance.

H. B. 2987 - “A Bill to amend and reenact§15-5B-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22A-2-66 of said code, all relating to mine safety; mine safety tip hotline; and civil administrative penalties for failure to notify the Director of the Office of Miners' Health, Safety and Training of underground mine accidents”; to the Committee on Energy then Finance.

H. B. 2988 - “A Bill to amend and reenact §11-10-11 of the Code of West Virginia, 1931, as amended, relating to authorizing the Tax Commissioner to collect tax, interest and penalties due and owing from payments to vendors and contractors from the Auditor and other state, county, district or municipal officers and agents; requiring the Auditor and other state, county, district or municipal officers and agents to certify to the Tax Commissioner the identity of payees prior to the first payment and prior to any subsequent payments; authorizing the Tax Commissioner to identify those payees who are not in good standing with the Tax Department; requiring the Auditor or issuing officer or agent to forward to the Tax Commissioner the lesser of the amount owed or the remaining amount of payment; requiring the Auditor or issuing officer or agent to notify the vendor or contractor of the amount being withheld; requiring payment be withheld until the vendor or contractor is in good standing with the Tax Department; specifying that, for contracts which are subject to county or municipal business and occupation tax, payments are withheld until released by the county or municipality after all business and occupation taxes have been paid, including any authorized transaction fee, additions to tax, interest and penalty; defining terms, excluding employees of this state, or any county, district or political subdivision thereof who receive no nonemployee compensation from treatment as vendors and contractors for purposes of specified provisions, authorizing the Tax Commissioner to enter into agreements to comply with mandates of the provision and to protect taxpayer information; authorizing the Tax Commissioner and the Auditor to propose legislative rules; and specifying effective date”; to the Committee on Government Organization then Finance.

By Delegates Storch, Ferro, A. Evans, Canterbury, Azinger, Kelly, Border, Westfall, Boggs and McGeehan:

H. B. 2989 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-1-6; and to amend and reenact §59-1-10 of said code, all relating to requiring each judicial circuit to have a court-appointed special advocate program and each county to have a special advocate for children in abuse and neglect proceedings; raising price of certified copy of birth certificate, death certificate or marriage license from $5 to $11; and creating a fund within the State Treasury to pay for implementation and sustenance of court-appointed special advocate programs”; to the Committee on the Judiciary then Finance.

H. B. 2990 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4l, relating to requirements for insurance policies and contracts providing accident and sickness insurance or direct health care services that cover prescription eye drops”; to the Committee on Health and Human Resources.

H. B. 2991 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4l, relating to requirements for insurance policies and contracts providing accident and sickness insurance or direct health care services that cover prescription eye drops”; to the Committee on the Judiciary.

H. B. 2992 - “A Bill to amend and reenact §6-9A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §29B-2-1, §29B-2-2, §29B-2-3, §29B-2-4, §29B-2-5, §29B-2-6, §29B-2-7, §29B-2-8, §29B-2-9, §29B-2-10 and §29B-2-11, all relating to publishing detailed information about the operations of state, county and municipal agencies; requiring the publication of notice and agenda of meetings; declaring public policy regarding activities of public agencies; requiring the establishment and maintenance of websites for publishing information to the public; declaring minimum standards for public agency websites; specifying the information required to be published; providing for legislative review of compliance of state agencies; and providing for interpretation consistent with other law”; to the Committee on Government Organization.

H. B. 2993 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-29, relating to pay on promotion of employees in the classified service; and removing the three grade limit on increases”; to the Committee on Finance.

H. B. 2994 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-1-3, relating to prohibiting courts from using, implementing, referring to or incorporating a tenet of anybody of religious sectarian law into any decision, finding or opinion as controlling or influential authority”; to the Committee on the Judiciary.

H. B. 2995 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-14D-11a, relating to adding an annual annuity adjustment of one percent for eligible retirants or surviving spouses”; to the Committee on Pensions and Retirement then Finance.

H. B. 2996 - “A Bill to amend and reenact §6B-1-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §6B-2-5 of said code, all relating to governmental ethics; prohibiting public officials and employees from using public funds for self promotion; prohibiting knowingly and intentionally placing the names or likenesses of public officials and employees on trinkets; prohibiting knowingly and intentionally placing the names or likenesses of public officials and employees on certain publically financed advertising during an election period; and defining terms”; to the Committee on the Judiciary.

H. B. 2997 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-24, relating to providing a one-time salary increase of $1,500 for any Department of Highways employee with a salary less than $50,000"; to the Committee on Finance.

H. B. 2998 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-4b, relating to providing a one-time salary increase of $1,500 for any Department of Health and Human Resources employee with a salary less than $50,000"; to the Committee on Finance.

H. B. 2999 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2 and §16-2M-3, all relating to neonatal abstinence centers; authorizing neonatal abstinence centers; requiring the secretary to promulgate a licensure program and rules; requiring the state agency to consider neonatal abstinence care as a unique service in conducting certificate of need review; and exempting neonatal abstinence centers from moratoriums on certain nursing facilities”; to the Committee on Health and Human Resources then the Judiciary.

H. B. 3000 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2, §11-13DD-3, §11-13DD-4, §11-13DD-5, §11-13DD-6, §11-13DD-7, §11-13DD-8, §11-13DD-9 and §11-13DD-10, all relating to establishing a Hotel and Restaurant Renovation Tax Credit; legislative findings; defining terms; establishing credit amount; application for certification of project required; application fee required; use of credit to offset sales tax generated by project in excess of baseline sales tax amount; claiming the credit; authority to promulgate rules; and effective date”; to the Committee on Finance.

H. B. 3001 - “A Bill to amend and reenact §60-7-10 and §60-7-12 of the Code of West Virginia, 1931, as amended, all relating to requiring private clubs to be closed from two o’clock a.m. to seven o’clock a.m. on weekdays; requiring patrons of those clubs to exit the club no later than sixty minutes after the dispensing of nonintoxicating beer, wine or alcoholic liquors has ceased; providing criminal penalties; and updating statutory language”; to the Committee on the Judiciary then Finance.

H. B. 3002 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4 and §5-30-5, all relating to providing that all future federal and local statutes, ordinances, laws, orders, rules, and any other actions which attempt to restrict, tax, or regulate the possession, use, discharge in lawful self-defense, transportation, purchase, acquisition, sale, transfer, ownership, carrying, manufacture, or repair of firearms, firearm accessories, ammunition and their accouterments are invalid and unenforceable; making it a felony to attempt to enforce a federal or local statute, ordinance, law, order, rule, or any other action which attempts to restrict, tax, or regulate possession, use, discharge in lawful self-defense, transportation, purchase, acquisition, sale, transfer, ownership, carrying, manufacture, or repair of firearms, firearm accessories, ammunition or their accouterments; prohibiting such laws, orders, rules, policies and other actions by executive departments and state agencies, and providing a felony for violation; providing definitions; making findings; providing penalties; requiring the Attorney General to defend citizens of West Virginia who are prosecuted by the United States government for violation of a federal law relating to the possession, use, discharge in lawful self-defense, transportation, purchase, acquisition, sale, transfer, ownership, carrying, manufacture, or repair of a firearm, a firearm accessory or ammunition; providing exemptions; providing for retroactivity; and providing that ex post facto laws are not created”; to the Committee on the Judiciary then Finance.

By Delegates Pethtel, Ferro, Caputo, Longstreth, Ashley, Walters and Canterbury:

H. B. 3003 - “A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as amended, relating to continuing the personal income tax adjustment to the gross income of certain retirees receiving pensions from defined pension plans that terminated and are being paid a reduced maximum benefit guarantee”; to the Committee on Pensions and Retirement then Finance.

H. B. 3004 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-1A-11a; and to amend and reenact §60-3-9, all relating to the creation of the West Virginia Addictions Treatment and Recovery Fund by collecting and transferring $.05 per ounce of the uniform price of alcoholic liquors sold in this state to the fund; setting forth the uses of the fund; and authorizing rule-making”; to the Committee on Health and Human Resources then Finance.

By Delegates Fleischauer, Pushkin, Guthrie, Lynch, Rowe, Skinner and Longstreth:

H. B. 3005 - “A Bill to amend and reenact §22-3-22a of the Code of West Virginia, 1931, as amended, relating to prohibiting blasting within six hundred twenty-five feet of an occupied dwelling”; to the Committee on Energy then the Judiciary.

By Delegates E. Nelson, Ashley, Anderson, Boggs, Williams, H. White, Storch, Gearheart, Bates, Espinosa and O’Neal:

H. B. 3006 - “A Bill to amend and reenact §11-10-17a of the Code of West Virginia, 1931, as amended, relating to the determination of the adjusted rate established by the Tax Commissioner for the administration of tax deficiencies and underpayments for tax years beginning after December 31, 2016"; to the Committee on Finance.

H. B. 3007 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-2-12, relating to exempting food prepared or processed in a private home and curtilage or farm by the resident or owner and sold directly to the end consumer with certain information attached from laws and rules relating to food labeling, inspections or milk or milk products”; to the Committee on Health and Human Resources.

By Delegates Sobonya, Miller, Perdue, Fleischauer, Campbell, Reynolds, Pushkin, Hicks, Guthrie, Rowan and Arvon:

H. B. 3008 - “A Bill to amend and reenact §16-2D-5 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §16-2D-5f, all relating to certificates of need for certain skilled nursing facilities; prohibiting the Health Care Authority from ordering a moratorium on skilled nursing facilities and services for children under one year of age suffering from Neonatal Abstinence Syndrome and exempting such facilities and services from current moratoriums”; to the Committee on Health and Human Resources then Government Organization.

By Delegates P. Smith, Hartman, Campbell, Moye, J. Nelson, Canterbury, Cooper, D. Evans, Kessinger, Hill and Ambler:

H. B. 3009 - “A Bill to repeal §30-15-8 of the Code of West Virginia, 1931, as amended, relating to removing criminal penalties applicable to midwives”; to the Committee on the Judiciary.

By Delegates Fleischauer, Moye, Skinner, Manchin, Pethtel, Ferro, Lynch, Cooper and Butler:

H. B. 3010 - “A Bill to amend and reenact §24C-1-2 and §24C-1-3 of the Code of West Virginia, 1931, as amended, all relating to the one-call system; modifying definitions; excluding nonproducing gas or oil wells that were established prior to 1990 and their associated production or gathering lines for which records do not exist indicating its location from the definition of underground facility; and allowing an owner/operator of an underground facility that is not required to be a member to become a member of the one-call system”; to the Committee on the Judiciary.

By Delegates Sobonya, Weld, Marcum, Hicks, R. Phillips, Azinger, Shott, Miller, Fast, Butler and R. Smith:

H. B. 3011 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-406a; and to amend and reenact §60A-4-409 of said code, all relating to the Uniform Controlled Substances Act; offenses and penalties; providing mandatory minimum sentences for trafficking drugs into the state and for other drug offenses; increasing period of ineligibility for parole for certain violations of possession or distribution of controlled substances and establishing applicable conditions; increasing period of ineligibility for parole for transporting certain controlled substances into the state and establishing applicable conditions; prohibiting application of alternative sentences; and increasing the penalties for transporting controlled substances into the state”; to the Committee on the Judiciary then Finance.

H. B. 3012 - “A Bill to amend and reenact §5-26-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-26-3, all relating to the Herbert Henderson Office of Minority Affairs; requiring the office to conduct hearings to report to the Select Committee on Minority Issues and creating the West Side Revive Pilot Program for community development”; to the Committee on Government Organization then Finance.

By Delegates Fleischauer, Manchin, Perdue, Pushkin, Guthrie, Fluharty and Skinner:

H. B. 3013 - “A Bill to amend and reenact §22-6A-8, §22-6A-10 and §22-6A-12 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §22-6A-12a; and amend and reenact §22-6B-3, §22-6B-5 and §22-6B-7 of said code, all relating generally to horizontal well control standards; changing an elective obligation to a mandatory one; requiring notice in certain instances be sent to the occupants of residential property; prohibiting the limit of disturbance of a well site to be closer than fifteen hundred feet of an occupied dwelling; providing that a notice include certain information; establishing standards relating to air, noise, light and dust; permitting landowners be compensated for any decrease in the values of the land for its highest and best use; requiring the notice of a claim be also provided to an occupant of residential structure on the property; and establishing a statute of limitations for claims being filed”; to the Committee on Energy then the Judiciary.

H. B. 3014 - “A Bill to amend and reenact §8-29-4 of the Code of West Virginia, 1931, as amended, relating to regional airports; and changing the manner members are appointed to the Eastern West Virginia Regional Airport Authority”; to the Committee on Political Subdivisions then the Judiciary.

H. B. 3015 - “A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting from property tax certain properties in this state owned by nonprofit youth organizations and built at cost of at least $100 million whether or not the property is used for the nonprofit youth organization's charitable or nonprofit purpose to help raise funds for the benefit of the nonprofit youth organization; providing exceptions to the exemption; setting forth programs that are to be considered charitable nonprofit uses; providing where that three percent of gross revenues is to be transferred; setting forth where that revenue is to be transferred; and establishing terms”; to the Committee on the Judiciary then Finance.

Com. Sub. for H. B. 2457, Prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles; 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. 179), 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 H. B. 2457) passed.

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. 2493, Relating to requirements for insurance policies and contracts providing accident and sickness insurance or direct health care services that cover anti-cancer medications; on third reading with amendments pending and the restricted right to amend jointly by Delegates Ellington and Eldridge, was reported by the Clerk.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 180), and there were--yeas 97, nays 2, 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. 2493) 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. 2615, West Virginia Small Business Capital Act; on third reading, coming up in regular order, was read a third time.

Delegate Kurcaba requested to be excused from voting on the passage of H. B. 2615 under the provisions of House Rule 49.

The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Member from voting.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 181), 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. 2615) 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. 2615 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §32-5-501, §32-5-502, §32-5-503, §32-5-504, §32-5-505 and §32-5-506, all relating to creating the West Virginia Small Business Capital Act; exempting the offer and sale of certain securities from the Uniform Securities Act; and applying to exempt issuers the Uniform Securities Act’s misleading filing provisions, its criminal penalty provisions, its civil liability provisions and its fraud provisions.”

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. 2648, Allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency; 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. 182), 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 H. B. 2648) passed.

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. 2662, Eye Care Consumer Protection Law; on third reading, coming up in regular order, was read a third time.

Delegate Stansbury requested to be excused from voting on the passage of Com. Sub. for H. B. 2662 under the provisions of House Rule 49.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 183), and there were--yeas 89, nays 10, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Azinger, Canterbury, Folk, Hill, Ihle, McGeehan, Moffatt, J. Nelson, Trecost and Upson.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2662) 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. 2733, Removing certain combinations of drugs containing hydrocodone from Schedule III of the controlled substances law; 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. 184), 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. 2733) 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. 2879, Relating to certain limitations on amount of state funds on deposit in any depository; 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. 185), 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. 2879) passed.

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 S. B. 175, Authorizing DHHR promulgate legislative rules; on second reading, coming up in regular order, was, at the request of Delegate Cowles, and by unanimous consent, laid over one day, retaining its place on the calendar.

S. B. 238, Limiting certain county board of education liability arising from unorganized recreation; on second reading, coming up in regular order, was read a second time and ordered to third reading.

Com. Sub. for H. B. 2240, Providing that an act of domestic violence or sexual offense by strangling is an aggravated felony offense; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 2283, Authorizing the Department of Environmental Protection to promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 2627, Providing protection against property crimes committed against coal mines, utilities and other industrial facilities; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section twenty-nine, line two, after the word “any”, by inserting the words “commercial or industrial”.

On page three, section twenty-nine, line fourteen, after the word “any”, by inserting the words “commercial or industrial”.

On page three, section twenty-nine, line twenty-eight, after the word “any”, by inserting the words “commercial or industrial”.

On page four, section twenty-nine, line forty-one, after the word “any”, by inserting the words “commercial or industrial”.

H. B. 2628, Changing the date of filing announcements of candidacies; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Com. Sub. for H. B. 2674, Making home schooled students eligible for a Promise scholarship without taking the GED test; on second reading, coming up in regular order, was read a second time.

Delegates Hornbuckle and Reynolds moved to amend the bill on page three, section six, line thirty-seven, following the semi-colon, by striking out the word “or”, and inserting a new subdivision (B) to read as follow:

“(B) After two continuous years of the individual having lost his or her job in the coal industry, a coal miner is eligible for a PROMISE scholarship for a baccalaureate degree, or to attend a two year trade school or community college pursuant to rules promulgated by the board, or”.

By re-lettering existing paragraph (B) on page four, line thirty-eight, as paragraph (C).

Delegate O’Neal arose to a point of order as to the germaneness of the amendment.

To the point of order the Speaker replied, stating that the fundamental purpose of the bill was to clarify eligibility requirements, and the purpose of the amendment was to make another category of individuals eligible to receive the scholarship, therefore, the amendment was not germane to the fundamental purpose of the bill.

Com. Sub. for H. B. 2718, Transferring funds remaining in the Racetrack Modernization Fund to the State Road Fund and closing the Racetrack Modernization Fund; on second reading, coming up in regular order, was reported by the Clerk.

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

Com. Sub. for H. B. 2773, Relating to the West Virginia Film Industry Investment tax credit; on third reading, coming up in regular order, was, at the request of Delegate Cowles, and by unanimous consent, laid over one day, retaining its place on the calendar.

Com. Sub. for H. B. 2778, State Infrastructure Fund Program; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 2820, Relating to affirmative defenses against mechanics’ liens; 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 three, section twenty-one, line thirty-two, immediately following the words “wish to”, by striking out the words “preserve their mechanic’s lien rights pursuant to this article” and inserting in lieu thereof “to avoid affirmative defenses provided pursuant to this section and subsection (c) of section thirty-four of this article”.

On page seven, section thirty-four, line thirty-three, by striking out the entirety of subsection (d) and inserting in lieu thereof the following:

“(d) ‘Dwelling’ or ‘residence’ means any building or structure intended for habitation, in whole or part, and includes, but is not limited to, any house, apartment, mobile home, house trailer, modular home, factory-built home, and, any adjacent outbuilding or structure which adjoins, is part of, belongs to, or is used in connection with a dwelling and shall include, but not be limited to, any garage, shop, shed, barn or stable.”

On motion of Delegate Foster, bill was amended on page four, line forty-one, by striking out everything after word “above”and inserting a period.

At the request of Delegate Manchin, and by unanimous consent, the bill was advanced to third reading with the restricted right to amend jointly by Delegates Shott and Manchin, and the rule was suspended to permit the consideration of the amendment on that reading.

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

S. B. 398, Extending expiration date for health care provider tax on eligible acute care hospitals,

Com. Sub. for H. B. 2103, Relating generally to boards of examination and registration,

Com. Sub. for H. B. 2202, Relating to more equitable disbursement of funds to county boards,

Com. Sub. for H. B. 2571, Creating a fund for pothole repair contributed to by private businesses or entities,

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

H. B. 2657, Allowing members of the Livestock Care Standards Board to be reimbursed for expenses consistent with the West Virginia Department of Agriculture Travel Policy and Procedure,

H. B. 2888, Allowing the use of rotary drum composters to destroy or dispose of the carcass of any animal to prevent the spread of disease,

H. B. 2933, Making a supplementary appropriation to the Department of Administration, Public Defender Services.

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

Delegate Guthrie announced that she was absent on yesterday when the votes were taken on Roll Nos. 172 through 178, and that had she been present, she would have voted “Nay” on Roll Nos. 172 through 174 and “Yea” on Roll Nos. 175 through 178.

Delegate L. Phillips noted that she was absent on yesterday when the votes were taken on Roll Nos. 176 through 178, and that had she been present, she would have voted “Yea” thereon.

Delegate Stansbury noted that he was absent on yesterday when the vote was taken on H. B. 2025, and had he been present he would have voted “Yea” thereon.

Delegate Rohrbach asked and obtained unanimous consent that the remarks of Delegate Sobonya regarding H. B. 2457, Prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles, be printed in the Appendix to the Journal.

Delegate Westfall asked and obtained unanimous consent that the remarks of Delegate McCuskey regarding H. B. 2493, Relating to requirements for insurance policies and contracts providing accident and sickness insurance or direct health care services that cover anti-cancer medications, be printed in the Appendix to the Journal.

At 1:36 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 6:00 p.m.

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

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

H. B. 2161, Adopting the Uniform Act on Prevention of and Remedies for Human Trafficking,

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 (H. B. 2161) to the Committee on Finance was abrogated.

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

H. B. 2780, Enhancing the ability of campus police officers at state institutions of higher education to perform their duties,

And reports the same back with the recommendation that it 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 (H. B. 2780) to the Committee on Finance was abrogated.

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

And reports back a committee substitute therefor, with the same title, as follows: Com. Sub. for H. C. R. 39 - “Requesting the Division of Highways to name the bridge on Route 52 over Tug Fork in McDowell County, bridge number 24-52-20.04 (24A129), latitude 37.41709, longitude -81.58999, locally known as the Coney Island Bridge, as the ‘USMC LCpl Julius C. “Corky” Foster Memorial Bridge’,”

With the recommendation that the committee substitute 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. 39) was referred to the Committee on Rules.

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

H. B. 2744, Preempting any local law, rule, regulation, ordinance, or policy regulating the environmental or operational aspects of any public utility within the jurisdiction of the Public Service Commission; providing exceptions,

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. 2744) 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.

Delegate Miley was recognized and expressed opposition to the receipt of the committee report, stating that the bill violated the single object provisions of the Constitution of the State, and moved that the report be rejected and recommitted to the Committee on the Judiciary.

On this motion, Delegate Miley demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 186), and there were--yeas 30, nays 64, absent and not voting 6, with the yeas and absent and not voting being as follows:

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

So, a majority of the members present and voting not having voted in the affirmative, the Speaker declared Delegate Miley’s aforestated motion had not prevailed.

Whereupon, the Speaker declared the report from the Committee on the Judiciary for Com. Sub. for S. B. 357 received.

The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on and the passage, as amended by said report, of

Com. Sub. for H. B. 2002, Predicating actions for damages upon principles of comparative fault.

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. 89 - “A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-4-6 of said code, all relating to providing that the salary of the Executive Director of the West Virginia Prosecuting Attorneys Institute shall be established by the executive council of the institute, with a minimum salary of $70,000”; which was referred to the Committee on Finance.

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. 283 - “A Bill to amend and reenact §31A-4-40 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31A-8-12d of said code, all relating to replacing requirement of a board resolution and legal advertisement for any change in days or hours a bank office is open for business with a requirement that the banking institution provide forty-five days’ advance written notice in the form of signage at the office and written notice to the Commissioner of Financial Institutions; and reducing time for consideration of expedited branch applications from thirty-five days to twenty-one days”; which was referred to the Committee on Banking and Insurance then 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. 285 - “A Bill to amend and reenact §31-17-1 and §31-17-8 of the Code of West Virginia, 1931, as amended, all relating to including consumer credit sales that are secured by mortgage, deed of trust or other equivalent consensual security interest on a dwelling or residential real estate in definitions of ‘primary mortgage loan’ and ‘subordinate mortgage loan’; providing exception to prohibition of balloon payments; and further extending exception to the ban on loans greater than one hundred percent loan-to-value for loan modifications or refinancing loans done through and in compliance with government programs or litigation settlements”; which was referred to the Committee on Banking and Insurance then 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. 292 - “A Bill to amend and reenact §32A-2-4 and §32A-2-13 of the Code of West Virginia, 1931, as amended, all relating to licenses for business of currency exchange, transportation or transmission; establishing expiration date of December 31 for those licensees; and requiring licensees to provide sixty days’ advance notice of any change in control or change in principals”; which was referred to the Committee on Banking and Insurance then Finance.

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. 370 - “A Bill to amend and reenact §15-9-1, §15-9-2, §15-9-3 and §15-9-5 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §15-9-6; to amend and reenact §15-9A-1, §15-9A-2 and §15-9A-3 of said code; to amend and reenact §15-9B-1 and §15-9B-2 of said code; to amend and reenact §30-29-2, §30-29-3, §30-29-4, §30-29-5, §30-29-6 and §30-29-7 of said code; and to amend and reenact §62-11C-2, §62-11C-3, §62-11C-4, §62-11C-6 and §62-11C-8 of said code, all relating to reorganization of the Governor’s Committee on Crime, Delinquency and Correction and its subcommittees; continuing the Governor’s Committee on Crime, Delinquency and Correction and providing for membership, terms and authority of the chair; requiring facility inspection in accordance with the Prison Rape Elimination Act; granting authority to the Governor’s Committee on Crime, Delinquency and Correction to establish bylaws, policies and procedures; establishing responsibilities of the Governor’s Committee on Crime, Delinquency and Correction; stating legislative findings; designating a staffing agency for the Governor’s Committee on Crime, Delinquency and Correction and providing authority and responsibilities; establishing duties of the Director of the Governor’s Committee on Crime, Delinquency and Correction; establishing membership criteria and subcommittee status of the Sexual Assault Forensic Examination Commission; establishing powers and duties of the Sexual Assault Forensic Examination Commission; establishing membership criteria and subcommittee status of the Law-Enforcement Professional Standards Subcommittee; establishing powers and duties of the Law-Enforcement Professional Standards Subcommittee; providing for uses of fees collected for the Law-Enforcement Professional Standards Subcommittee and authorizing adjustments of such fees by legislative rule; establishing the Community Corrections Subcommittee, membership and authority; and making technical edits”; which was referred to the Committee on the Judiciary then Finance.

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. 445 - “A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to the use and investment of Regional Jail and Correctional Facility Authority funds”; which was referred to the Committee on Finance.

Delegate Cowles announced that the Committee on Rules had transferred Com. Sub. for S. B. 175, Com. Sub. for H. B. 2773, H. B. 2839 and H. B. 2880, on second reading, Special Calendar, to the House Calendar.

Delegate Cowles asked and obtained unanimous consent that his own remarks and the remarks of Delegates Caputo, Fast, Fleischauer, Lane, Manchin, Miley, Sobonya, Rowe and Zatezalo regarding the motion to recommit S. B. 354 to the Committee on the Judiciary be printed in the Appendix to the Journal.

Delegates Azinger, Faircloth, Folk and J. Nelson filed forms with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2994.

Delegate Cowles filed forms with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2948 and H. B. 2949.

Delegate Eldridge filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2910.

Delegate Ihle filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2911.

Delegate Kurcaba filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2258.

Delegate Miller filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2957.

At 7:12 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 25, 2015.