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 Wednesday, February 25, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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

Com. Sub. for H. B. 2395 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6M-1, §46A-6M-2, §46A-6M-3, §46A-6M-4, §46A-6M-5 and §46A-6M-6, all relating generally to providing consumers with the right to cancel residential roofing contracts where the contract is expected to be paid from a property and casualty insurance policy; providing definitions; establishing a consumer's right to cancel; creating standard disclosure and notice requirements; providing for advanced payment prohibition, refunds, emergency repairs and unenforceability of contract; prohibiting certain acts; private remedies; and misdemeanor criminal offense and penalty,”

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

Com. Sub. for H. B. 2536 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-32b, relating to travel insurance limited lines producers; defining terms; authorizing the Commissioner of Insurance to issue travel insurance entity producer license; establishing fees, fines, and penalties; requiring licensee to maintain register of travel retailers offering insurance on its behalf and designate a responsible individual producer; authorizing travel retailer to offer travel insurance and receive compensation under certain conditions; requiring training of travel retailer employees offering travel insurance; exempting travel insurance entity producers and travel retailers and employees from examination and continuing education requirements; requiring travel retailer employees offering travel insurance to provide certain information; providing for enforcement; and permitting the Commissioner of Insurance to propose rules for legislative approval,”

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

And reports back a committee substitute therefor, with a new title, as follows: Com. Sub. for H. B. 2496 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-1C-1, §30-1C-2, §30-1C-3, §30-1C-4, §30-1C-5, §30-1C-6, §30-1C-7, §30-1C-8, §30-1C-9, §30-1C-10, §30-1C-11, §30-1C-12, §30-1C-13, §30-1C-14, §30-1C-15, §30-1C-16, §30-1C-17, §30-1C-18, §30-1C-19, §30-1C-20, §30-1C-21, §30-1C-22, §30-1C-23 and §30-1C-24, all relating to the establishment and operation of an interstate compact for medical licensure of physicians in multiple states; setting forth purposes for the compact; setting forth definitions; providing physician eligibility requirements; requiring a physician to designate a state of principal license; setting forth the procedure for application and issuance of an expedited license; providing for fees regarding expedited licensure; providing requirements for renewal of an expedited license; establishing a shared database for member boards; providing for joint investigation of physicians by member boards; establishing the effect of disciplinary actions against a physician; creating the interstate medical licensure compact commission to administer the compact; setting forth commission composition; establishing the authority of the commission; providing for commission meetings; setting forth provisions relating to disclosure of commission information and records; establishing an executive committee; setting forth provisions for funding; establishing member state’s right to charge licensing fees; limiting commission authority to incur financial obligation; requiring a financial audit; requiring the creation of bylaws; requiring annual election or appointment of commission officers; establishing that commission officers serve without remuneration; providing certain individuals defense, immunity, or limitation of liability for civil actions in certain circumstances unless their conduct was intentional willful and wanton; requiring the commission to defend certain civil actions; establishing commission rule making authority and procedure; providing for judicial review; providing for state enforcement; requiring state courts take judicial notice of certain matters; providing the commission may intervene in proceedings; requiring service of process upon the commission; establishing that failure to serve process upon the commission voids a judicial decision; providing for legal enforcement of compact rules and provisions; setting forth provisions for default; providing for termination or withdrawal of a member state; setting forth provisions for resolution of disputes; establishing provisions for state eligibility; setting forth the circumstances under which the compact will become effective; providing for amending the compact; setting forth procedures for states to withdraw from the compact; establishing circumstances, effect and procedures related to dissolution of the compact; establishing provisions related to severability; and, establishing provisions related to the binding effect of the compact,”

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

S. B. 472 - “A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2015, to the Department of Transportation, Division of Motor Vehicles - Motor Vehicle Fees Fund, fund 8223, fiscal year 2015, organization 0802, by supplementing and amending the appropriation for the fiscal year ending June 30, 2015”; which was referred to the Committee on Finance.

Delegates B. White, Stansbury, McCuskey, Byrd, Rowe and Guthrie offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 96 - “Requesting the Division of Highways to name the intersection of Alum Creek on SR 214 and Childress Road in Kanawha County, West Virginia, the ‘U. S. Army SGT Gary Lee DeBoard Memorial Intersection’.”

Whereas, Gary Lee DeBoard was the son of Gene and Yvonne Deboard. He was a veteran of the Iraqi War having served on active duty in 2004 and 2005. He served in the Army Reserve for a total of twenty-nine years. He suffered from PTSD and died on December 4, 2012, from cardio-vascular disease at age forty-nine. Gary Lee DeBoard was born on Alum Creek near the intersection of SR 214 and Childress Road; and

Whereas, It is only fitting and proper that U. S. Army SGT Gary Lee DeBoard be remembered and acknowledged for his dedicated service on behalf of his country, state and community; therefore, be it

That the Division of Highways is hereby requested to name the intersection of Alum Creek on SR 214 and Childress Road in Kanawha County, West Virginia, the “U. S. Army SGT Gary Lee DeBoard Memorial Intersection”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect a sign at the intersection proclaiming the intersection the “U. S. Army SGT Gary Lee DeBoard Memorial Intersection”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the surviving family of Gary Lee DeBoard.

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

H. C. R. 97 - “Requesting the Division of Highways to name the bridge on West Virginia Route 10 over Buffalo Creek in Logan County, bridge number 23-10-25.88 (23A041), latitude 37.89636, longitude -81.99435, locally known as the Chief Logan Box Culvert, the ‘U.S. Army 1LT Patricia Simon Bridge’.”

Whereas, First Lieutenant Patricia Simon, known to her family and friends as Pat, served in the United States Army Nurse Corps during World War II, in the African and European Theatres of War; and

Whereas, First Lieutenant Patricia Simon, a great community leader in Logan County, passed away on January 14, 2013, at the age of ninety-five; and

Whereas, It is fitting that an appropriate memorial recognizing First Lieutenant Patricia Simon’s service to this country and her community be established near Chief Logan Park, where she walked every day for years; therefore, be it

That the Division of Highways is hereby requested to name the bridge on West Virginia Route 10 over Buffalo Creek in Logan County, bridge number 23-10-25.88 (23A041), latitude 37.89636, longitude -81.99435, locally known as the Chief Logan Box Culvert, the “U.S. Army 1LT Patricia Simon Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U.S. Army 1LT Patricia Simon 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, the Logan Woman’s Club and the family of First Lieutenant Patricia Simon.

Delegates McCuskey, Ashley and Gearheart offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 98 - “Requesting the Division of Highways to rename the road from the entrance of the Summit Bechtel Family National Scout Reserve to Route 61, known as Mill Road or Garden Ground Mountain Road, as ‘Jack Furst Drive’ to match the name of the road through the Summit Bechtel Family National Scout Reserve.”

Whereas, Mr. Furst developed an interest in the Cub Scout and Boy Scout programs during his youth and, as an adult, became an Eagle Scout; and

Whereas, Mr. Furst serves as an officer and executive board member of Circle Ten Council of the Boy Scouts of America in Dallas, Texas, as an executive board member of Longhorn Council of the Boy Scouts of America in Fort Worth, Texas, and as an officer and executive board member of the National Council of the Boy Scouts of America; and

Whereas, Mr. Furst is the head volunteer that oversees all of the national council's high adventure programs that serve over 50,000 scouts a year; and

Whereas, Mr. Furst serves as a team leader for developing and programming the Summit Bechtel Family National Scout Reserve near Mount Hope, West Virginia, the home of the National Scout Jamboree; and

Whereas, As an adult, Mr. Furst's scouting activity honors include the Silver Beaver Award, the Silver Antelope Award, the Silver Buffalo Award and The Order of the Arrow's Vigil Honor Award; and

Whereas, In 2007, Mr. Furst had the privilege to serve as head of the United States Contingent at the World Jamboree in Chelmsford, England, where 4,500 scouts from America attended. He is 21st Century Wood Badge trained, has staffed several Wood Badge courses held at Philmont and the Florida Sea Base and has been a course director; and

Whereas, Mr. Furst is a distinguished private equity investor. He manages his own capital, making investments in real estate, oil and gas, fixed income securities and public and private equities. He has over twenty-five years of private investment experience, completing over $50 billion in transactions which resulted in attractive returns for investors; and

Whereas, Mr. Furst was a founding partner in HM Capital Partners, established in 1989, specializing in private investments of companies primarily serving the energy, financial services, food, manufacturing and media sectors of the economy. Prior to founding HM Capital, Mr. Furst was a partner at Hicks & Haas Incorporated, a private investment firm from 1987 to 1989. From 1984 to 1986, he was a merger and acquisition/corporate finance specialist for The First Boston Corporation in New York. Before joining First Boston, Mr. Furst was a financial consultant at Price Waterhouse in Phoenix, Arizona; and

Whereas, Mr. Furst received his B. S. degree with honors from the College of Business Administration at Arizona State University and his M. B. A. degree with honors from the Graduate School of Business at the University of Texas at Austin; and

Whereas, Mr. Furst serves as a member of the University of Texas at Austin McComb’s School of Business Advisory Council and is a founding Advisory Council member of the MBA Investment Fund. Mr. Furst is also an Adjunct Professor at the University of North Texas, the “Harvard of the Southwest”, where he teaches finance and investments; and

Whereas, Mr. Furst is a founding family and board member of Cross Timbers Community Church in Argyle, Texas, is an advisory board member of Christian Community Action in Lewisville, Texas, and serves as a trustee and board member of the National Safety Council in Chicago; and

Whereas, Mr. Furst is a 1998 Henry Crown Fellow, a fellowship of leaders that is administered by the Aspen Institute. He was inducted into W. P. Carey School of Business Hall of Fame at Arizona State University in 1999. In 2003, Mr. Furst received the Outstanding Young Texas Ex Award and in 2008 he received the W. P. Carey School of Business Distinguished Alumni Achievement Award. Mr. Furst also serves on the boards of directors of several companies; and

Whereas, Mr. Furst and his wife Debra have two children, Jackson and Jordan, and they reside at their ranch in Argyle, Texas; and

Whereas, It is fitting to commend Jack D. Furst's long-term passion, commitment and dedication to the Boy Scouts program and the Summit Bechtel Family National Scout Reserve near Mount Hope, West Virginia; therefore, be it

That the Division of Highways is hereby requested to rename the road from the entrance of the Summit Bechtel Family National Scout Reserve to Route 61, known as Mill Road or Garden Ground Mountain Road, as “Jack Furst Drive” to match the name of the road through the Summit Bechtel Family National Scout Reserve; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends of the road identifying it as “Jack Furst Drive”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, the Boy Scouts of America and Jack D. Furst.

Delegates Fast, Rowan, Ambler, Anderson, Arvon, Azinger, Border, Cadle, Canterbury, Cooper, Duke, A. Evans, D. Evans, Folk, Frich, Hamilton, Hanshaw, Householder, Howell, Kelly, Kessinger, Miller, O’Neal, Overington, Romine, Shott, Sobonya, Statler and Walters offered the following resolution, which was read by its title and referred to the Committee on the Judiciary then Rules:

H. C. R. 99 - “Urging the United States Congress to propose an amendment to the Constitution of the United States that defines and limits marriage to a union between one man and one woman.”

Whereas, Article V grants Congress the power to propose amendments to the Constitution of the United States; and

Whereas, United States Congress is urged to propose an amendment to the Constitution of the United States stating “Only a union between one man and one woman may be a marriage valid in the United States. The states and their political subdivisions may not create or recognize a legal status for same-sex relationships to which is assigned the rights, benefits, obligations, qualities or effects of marriage”; and

Whereas, It is the solemn duty of Congress to protect the liberty of our people—particularly for the generations to come—by proposing an amendment to the Constitution of the United States under Article V for the purpose of defining that marriage be a union between one man and one woman; therefore, be it

That the Legislature hereby urges the United States Congress, under the authority vested to it in Article V of the United States Constitution, to propose an amendment to the United States Constitution prohibiting same-sex unions; and, be it

Further Resolved, That the State of West Virginia hereby requests that Congress, under the provisions of Article V of the Constitution of the United States, to propose an amendment to the United States Constitution protecting the sanctity of marriage; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution and application to the President and Secretary of the United States Senate, to the Speaker and Clerk of the United States House of Representatives and to the members of West Virginia’s congressional delegation.

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

H. C. R. 100 - “Applying for an Article V Amendments Convention to Propose a Constitutional Amendment permitting a calling of a convention of the states limited to proposing an amendment to the Constitution of the United States requiring that in the absence of a national emergency the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year together with any related and appropriate fiscal restraints.”

Whereas, Article V of the Constitution of the United States provides authority for a Convention to be called by the Congress of the United States for the purpose of proposing amendments to the Constitution upon application of two thirds of the Legislatures of the several states (“amendments convention”); and

Whereas, This application is to be considered as covering the same subject matter as the presently outstanding balanced budget applications from other states, including, but not limited to, previously adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Pennsylvania and Texas, and this application shall be aggregated with same for the purpose of attaining the two thirds of states necessary to require the calling of a convention, but shall not be aggregated with any applications on any other subject; and

Whereas, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the Legislatures of at least two thirds of the several states have made applications on the same subject and supersedes all previous applications by this Legislature on the same subject; therefore, be it

That as provided in Article V of the Constitution of the United States the Legislature of the State of West Virginia herewith respectfully applies for an Amendments Convention to Propose a Constitutional Amendment limited to proposing an amendment to the Constitution of the United States requiring that in the absence of a national emergency the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year together with any related and appropriate fiscal restraints; and, be it

Further Resolved, That the amendments convention contemplated by this application shall be entirely focused upon and exclusively limited to the subject matter of proposing for ratification an amendment to the Constitution providing that in the absence of a national emergency the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year together with any related and appropriate fiscal restraints; and, be it

Further Resolved, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two thirds of the Legislatures of the several states have made application for an equivalently limited amendments convention; and, be it

Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the President and Secretary of the United States Senate, to the Speaker and Secretary of the United States House of Representatives, the members of the West Virginia Congressional Delegation, and to the presiding officers of each house of the several State Legislatures, requesting their cooperation in applying for the amendments convention limited to the subject matter contemplated by this application.

Delegates J. Nelson, R. Smith, R. Phillips, Folk, McGeehan, Faircloth, Moffatt, Ihle, Householder, Kessinger and Butler offered the following resolution, which was read by its title and referred to the Committee on the Judiciary then Rules:

H. R. 14 - “Urging in the strongest manner that the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice not to trample on the Second Amendment to the United States Constitution by banning common .223 and 5.56 mm ammunition.”

Whereas, The Second Amendment to the United States Constitution guarantees the right to bear arms; and

Whereas, In spite of the clear language of the United States Constitution the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice has released a plan which would reclassify the popular .223 or 5.56 mm round as an armor piercing round which would render AR-15 style rifles obsolete without the proper ammo; therefore, be it

That the State of West Virginia hereby respectfully urges in the strongest manner that the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice not trample on the Second Amendment to the United States Constitution by banning common .223 or 5.56 mm ammunition; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the United States, to the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice and to West Virginia’s delegation to the United States Congress.

The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

Com. Sub. for H. C. R. 39, The USMC LCpl Julius C. “Corky” Foster Memorial Bridge,

H. C. R. 51, Making the fiddle the official musical instrument of the State of West Virginia.

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

Third ReadingS. B. 398, Extending expiration date for health care provider tax on eligible acute care hospitals; 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. 200), and there were--yeas 92, nays 8, absent and not voting none, with the nays being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 398) passed.

On this question, the yeas and nays were taken (Roll No. 201), and there were--yeas 93, nays 7, absent and not voting none, with the nays being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 398) takes effect July 1, 2015.

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

Com. Sub. for H. B. 2103, Relating generally to boards of examination and registration; 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. 202), and there were--yeas 99, nays 1, absent and not voting none, with the nays 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. 2103) 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. 2202, Relating to more equitable disbursement of funds to county boards; 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. 203), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2202) passed.

On motion of Delegate E. Nelson, the title of the bill was amended to read as follows:

Com. Sub. for H. B. 2202 – “A Bill to amend and reenact §18-20-5 of the Code of West Virginia, 1931, as amended, relating to the disbursement of funds to reimburse county boards of education for costs associated with educating high cost/high acuity special needs students; requiring the state superintendent to develop a new formula for the disbursement of the funds; removing the requirement for the superintendent to review policies and report annually to the Legislature.”

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. 2268, Removing the severance tax on timber; on third reading, coming up in regular order, was read a third time.

Delegate Butler requested to be excused from voting on the passage of Com. Sub. for H. B. 2268 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. 204), 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. 2268) 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. 2462, Relating to certain deposits of tax proceeds; 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. 205), and there were--yeas 72, nays 28, absent and not voting none, with the nays being as follows:

Nays: Azinger, Cadle, Eldridge, Faircloth, Fluharty, Folk, Hicks, Hill, Hornbuckle, Ihle, Lane, Manchin, Marcum, McGeehan, Moffatt, Moye, J. Nelson, Perdue, Perry, Pushkin, Rodighiero, Rowe, Skinner, R. Smith, Sponaugle, Trecost, Upson and Wagner.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2462) 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. 2569, Relating to the Dealer Recovery Program; on third reading, coming up in regular order, was read a third time.

Delegate Miller requested to be excused from voting on the passage of H. B. 2569 under the provisions of House Rule 49.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 206), and there were--yeas 80, nays 19, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Byrd, Caputo, Eldridge, Fleischauer, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Reynolds, Rodighiero and Skinner.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2569) passed.

On motion of Delegate E. Nelson, the title of the bill was amended to read as follows:

H. B. 2569 – “A Bill to amend and reenact §17A-6-2a of the Code of West Virginia, 1931, as amended, relating generally to the Dealer Recovery Fund; specifying that the Dealer Recovery Fund Control Board has discretionary jurisdiction to hear claims; and providing the types of claims for damages that may be awarded from the Dealer Recovery Fund.”

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. 2571, Creating a fund for pothole repair contributed to by private businesses or entities; 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. 207), 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. 2571) passed.

On motion of Delegate E. Nelson, the title of the bill was amended to read as follows:

Com. Sub. for H. B. 2571 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8d, relating generally to repairs to state roads; creating a special fund within the State Road Fund for contributions by private businesses or entities for state road repair; allowing contributing entities to designate which repairs will be made with the contributions; providing for acknowledgment of contributions; providing rulemaking authority.” Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Com. Sub. for H. B. 2652, Reducing the assessment paid by hospitals to the Health Care Authority; 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. 208), and there were--yeas 93, nays 7, absent and not voting none, with the nays 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. 2652) passed.

On this question, the yeas and nays were taken (Roll No. 209), and there were--yeas 94, nays 6, absent and not voting none, with the nays being as follows:

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2652) takes effect from its passage.

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

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; 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. 210), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2657) 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. 2835, Reorganizing the Hatfield-McCoy Regional Recreation Authority; 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.

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; 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. 211), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2888) 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. 2933, Making a supplementary appropriation to the Department of Administration, Public Defender Services; on third reading, coming up in regular order, was read a third time.

Delegates Ashley, Fast and Ireland requested to be excused from voting on the passage of H. B. 2933 under the provisions of House Rule 49.

The Speaker replied that the Delegates were members 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 Members from voting.

On the passage of the bill, the yeas and nays were taken (Roll No. 212), and there were--yeas 100, nays none, absent and not voting none.

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2933) passed.

On this question, the yeas and nays were taken (Roll No. 213), and there were--yeas 100, nays none, absent and not voting none.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2933) takes effect from its passage.

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

Delegate R. Phillips announced that he was absent when the votes were taken on Roll Nos. 206 and 207, and that had he been present, he would have voted “Yea” thereon.

Delegate B. White announced that he was absent when the votes were taken on Roll No. 204, and that had he been present, he would have voted “Yea” thereon.

Delegate Guthrie noted to the Clerk that she was absent when the votes were taken on Roll Nos. 197 through 199, and that had she been present, she would have voted “Yea” on Roll No. 197 and “Nay” on Roll Nos. 198 and 199.

Delegate Border filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2881.

Delegate McCuskey asked and obtained unanimous consent that the remarks of Delegate Fast regarding H. B. 2933, Making a supplementary appropriation to the Department of Administration, Public Defender Services be printed in the Appendix to the Journal.

At 12:52 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 6:00 p.m.

Delegate Cowles announced that the Committee on Rules had transferred Com. Sub. for S. B. 175, on second reading, House Calendar, to the Special Calendar, and H. B. 3016, on first reading, Special Calendar, to the House Calendar.

Com. Sub. for S. B. 175, Authorizing DHHR promulgate legislative rules; 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, on page two, line eleven, by striking out everything after the enacting section and inserting in lieu thereof the following:

“ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.

(a) The legislative rule filed in the State Register on the August 1, 2014, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 23, 2014, relating to the Department of Health and Human Resources (public water systems, 64 CSR 3), is authorized.

(b) The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section nine, article five-h, chapter sixteen of this code, relating to the Department of Health and Human Resources (chronic pain management clinic licensure, 69 CSR 8), is authorized.

(c) The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 14, 2014, relating to the Department of Health and Human Resources (Fatality and Mortality Review Team, 64 CSR 29), is authorized.

(d) The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section eleven, article five-o, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2014, relating to the Department of Health and Human Resources (medication administration and performance of health maintenance tasks by approved medication assistive personnel, 64 CSR 60), is authorized.

(e) The legislative rule filed in the State Register on August 1, 2014, authorized under the authority of section two, article six, chapter nine of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 6, 2014, relating to the Department of Health and Human Resources (nurse aid abuse and neglect registry, 69 CSR 6), is authorized.

(f) The legislative rule filed in the State Register on August 1, 2014, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 6, 2014, relating to the Department of Health and Human Resources (nursing home licensure, 64 CSR 13), is authorized with the following amendments:

“On page 62, subdivision 9.7.f. by inserting a period after the word, ‘program’ and striking the words, ‘insecticidal strips are prohibitive’

On page 62, by striking subdivision 9.7.g. and inserting a new subdivision 9.7.g. to read as follows, ‘Pesticides shall be applied only by an applicator certified by the West Virginia Department of Agriculture or a registered technician operating under the supervision of a certified applicator.

(g) The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 14, 2014, relating to the Department of Health and Human Resources (state-wide trauma/emergency care system, 64 CSR 27), is authorized with the following amendment:

“On page 1, subsection 3.1 by removing the inserted language, ‘in the current edition of’ reinserting the stricken language, ‘edition’ ; and inserting a colon after the word ‘patient’ and the following, ‘2013.”

On motion of Delegate Shott, the amendment was amended on page two, section one, line ten, by striking out subsection (f) and inserting in lieu thereof the following:

“(f) The legislative rule filed in the State Register on August 1, 2014, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 6, 2014, relating to the Department of Health and Human Resources (nursing home licensure, 64 CSR 13), is authorized with the following amendments:

On page 57, subdivision 9.1.b., by striking the entirety of that subdivision and inserting in lieu thereof the following: “9.1.b. The standards for construction, renovations, and alterations are the relevant sections of the 1996-1997 edition of “The Guidelines for Design and Construction of Hospitals and Health Care Facilities”, as recognized by the American Institute of Architects, Academy of Architecture for Health with assistance from the U.S. Department of Health and Human Services. Beginning on June 1, 2019, the relevant standards for construction, renovations, and alterations will be the latest edition of “The Guidelines for Design and Construction of Hospitals and Health Care Facilities”, according to Facilities Guidelines Institute (FGI) and published by American Society for Healthcare Engineering (ASHE) with assistance from the U.S. Department of Health and Human Services which can be located at www.hhs.gov.”

On page 58, subdivision 9.1.c., immediately following the word “Facilities” by inserting

On page 58, subdivision 9.1.d., immediately following the word “Code” by inserting

On page 62, subdivision 9.7.f. by inserting a period after the word, ‘program’ and striking the words, ‘insecticidal strips are prohibitive’

Com. Sub. for S. B. 187, Authorizing Department of Revenue promulgate legislative rules; on second reading, coming up in regular order, was read a second time.

On motion of Delegate Shott, the bill was amended on page four, section four, line three by striking out the period and adding the following:

On page 3, subsection 2.18., by striking out the following: “Any container or jug not made of glass, ceramic or metal may be submitted to the Commissioner for review and approval or denial on a case-by-case basis.”;

On page 8, paragraph 3.6.a.2., by striking out the words “the agents or employees” and inserting in lieu thereof “the agents, employees or members”;

On page 24, subdivision 13.2.a, by striking out the following: “A franchise agreement as defined in subsection 2.15., is the agreement, that binds a brewer and a distributor so that an appointed distributor may distribute all of the brewer's nonintoxicating beer products, brands or family of brands, including line extensions, imported and offered for sale in West Virginia, including, but not limited to: existing brands, new brands and line extensions in the brewer's approved franchise distributor network and to a distributor’s assigned territory.”

Com. Sub. for S. B. 357, Creating Coal Jobs and Safety Act of 2015; 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 on page sixty-nine, section six, line one, by striking out all of section six and inserting in lieu thereof the following:

“Mining equipment being transported or trammed underground, other than ordinary sectional movements, shall be transported or trammed by qualified personnel. When equipment is being transported or trammed where trolley wire is energized on the split of air in which said equipment is being transported or trammed, no person shall be permitted to be inby the equipment in the ventilating split that is passing over such equipment, except those directly involved with transporting or tramming the equipment, and shall be under the supervision of a certified foreman. To avoid accidental contact with power lines, face equipment shall be insulated and assemblies removed, if necessary, so as to provide clearance.”

On page seventy-four, section twenty-eight, line nine, after the word “cameras”, by inserting “if permitted by the director”.

On page seventy-four, section twenty-eight, lines eleven through thirteen, by striking out “The use of sideboards on shuttle cars on which cameras are installed shall not be prohibited by rule.”

On page eighty-two, section thirty-seven, line one hundred nine, after the word “cameras”, by inserting “if permitted by the director”.

On page eighty-two, section thirty-seven, lines line one hundred nine through one hundred sixty-one, by striking out “The use of sideboards on shuttle cars on which cameras are installed shall not be prohibited by rule.”

Delegate Caputo moved to amend the amendment recommended by the Committee on the Judiciary on page one, by striking out the provisions rewriting §22A-2-6, and inserting in lieu thereof, the following:

(a) Mining equipment being transported or trammed underground, other than ordinary sectional movements, shall be transported or trammed by qualified personnel under the supervision of a certified foreman. When equipment is being transported or trammed, no person shall be permitted to be inby the equipment in the ventilating split that is passing over such equipment. To avoid accidental contact with power lines, face equipment shall be insulated and assemblies removed, if necessary, so as to provide clearance.

(b) The task force shall, upon the effective date of the amendments to this section made during the 2008 Regular Session of the West Virginia Legislature, undertake a study of methods and technologies available related to transporting miners, mining equipment and supplies in underground mines.

(c) Upon completion of the study directed by the provisions of subsection (b) of this section, the task force may present recommendations to the West Virginia Board of Coal Mine Health and Safety designed to improve the safety and efficiency of underground mines transportation systems. The board may upon the consideration of any such task force recommendations, promulgate rules governing the movement of mining equipment within coal mines in the State of West Virginia.

(d) The current legislative rule 36CSR4, effective July 19, 1979, relating to ‘Rules and Regulations Governing the Movement of Mining Equipment within Coal Mines in the State of West Virginia’, is hereby limited and qualified as to its force and effect and shall only be read to be effective to the extent provided as follows:

To the extent that the rule permits the movement of major pieces of heavy mining equipment with men inby the equipment in the ventilating split that is passing over such equipment, to-wit, Section 4: applying the prohibition only to ‘transporting’ and only ‘where energized D.C. powered trolley or feeder wires are present’; Sections 5.1, 9.1, 10.1, 12.1 and 13.1 to the extent that they involve transporting or tramming such equipment with men inby; Sections 6.1 and 6.2 only to the extent that such equipment is not designed by the manufacturer to operate on track; Section 7.1 only to the extent that such equipment exceeds the length or width of the mine car; and Section 11.1 only to the extent that such equipment in said section exceeds the length, width or cargo carrying capacity of the unit being used to transport such equipment. Construction work and rehabilitation work are not prohibited except to the extent that such would involve the movement of major pieces of heavy mining equipment into the precise area where such work is to be performed, with men inby.

(e) The provisions of subsection (d) of this section, as enforced upon February 1, 2008, shall remain in full force and effect until modified by any rules promulgated pursuant to subsection (c) of this section.”

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

The yeas and nays having been ordered, they were taken (Roll No. 214), and there were--yeas 31, nays 64, absent and not voting 5, with the yeas and absent and not voting being as follows:

Yeas: Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Frich, Guthrie, Hamilton, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Moye, Perdue, Perry, Pethtel, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost and Williams.

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

Delegate Skinner moved to amend the bill on page seventy-four, section thirty-seven, line six, by striking out the words “one thousand”.

On page seventy-four, section thirty-seven, lines nine and ten, by returning the stricken language to current law and striking out the underlined words on lines ten and eleven, returning to current law.

On page seventy-five, section thirty-seven, line twelve, by striking out the colon, inserting a period and striking out the proviso on lines twelve through seventeen.

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

The yeas and nays having been ordered, they were taken (Roll No. 215), and there were--yeas 30, nays 65, absent and not voting 5, with the yeas and absent and not voting being as follows:

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

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

Delegate Manchin moved to amend the bill on pages eighty-three through ninety-five, by striking out sections 101, 204a, 301, 308, 309 and 310 of the bill, and inserting in lieu thereof, the following:

The West Virginia Diesel Equipment Commission, consisting of six members, is continued, and commencing July 1, 2010, is a separate independent commission within the Department of Commerce.

(a) Each member of the commission shall be a citizen of the United States and a resident of the State of West Virginia.

(b) No member of the Legislature, or person holding any elective or full-time appointive office in the federal, state, or local government shall be eligible to serve as a member of the commission.

(a) The members of the commission shall be appointed to initial terms as follows:

(1) Two members shall serve for a term beginning on May 1, 1997, and ending on June 30, 1999;

(2) Two members shall serve for a term beginning on May 1, 1997, and ending on June 30, 2000;

(3) Two members shall serve for a term beginning on May 1, 1997, and ending on June 30, 2001.

(4) Two members shall serve as alternates for a term beginning the effective date of the passage of this Act and ending three years after the same effective date. One member shall be appointed representing the viewpoint or interests of coal operators and one member who represent the viewpoint or interests of working miners. The purpose of the members that are appointed as alternates is to ensure that a full quorum will always be available to fulfill the duties as described in section three-hundred-ten of this article.

(b) Of the two members appointed under each of subdivisions (1), (2), and (3), and (4) subsection (a) of this section, one shall be a person who can reasonably be expected to represent the viewpoint or interests of coal operators in this state and one shall be a person who can reasonably be expected to represent the viewpoint or interests of working miners in this state.

(c) Members serving on the commission on the effective date of the amendment of this section may continue to serve until the expiration of their terms. Thereafter, members shall be nominated and appointed in the manner provided in this section and section three hundred four of this article.

(d) After the initial appointments, all members shall be appointed for terms of four years. Members are eligible for reappointment.

(a) Prior to the appointment of a person to the commission, the Governor shall request the nomination of a candidate for the appointment. If the position is to be filled by a person who can reasonably be expected to represent the viewpoint or interests of underground coal operators in this state, the Governor shall request the nomination from the major trade association representing underground coal operators in this state. If the position is to be filled by a person who can reasonably be expected to represent the viewpoint or interests of working miners in this state, the Governor shall request the nomination from the highest ranking officer of the major employee organization representing coal miners in this state. The Director of the Office of Miner’s Health, Safety and Training or his or her designee and the Health Safety Administrator shall serve as a nonvoting ex officio member.

(b) The Governor shall appoint a member to serve for the term for which the person was nominated, and until his or her successor has been nominated and appointed: Provided, That if a successor is not appointed within one hundred twenty days after the expiration of a member’s term, a vacancy is deemed to exist. The Governor may reject a nomination and decline to appoint a nominee only if the person does not have the qualifications, integrity and responsibility necessary to enable the person to perform his or her duties as a member of the commission.

When a member fails to appear at three consecutive meetings of the commission or at one half of the meetings held during a one-year period, any member of the commission may notify the member and the Governor of such fact. Such member shall be removed by the Governor unless good cause for absences is shown.

Each member of the commission shall be paid the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. No reimbursement for expenses shall be made except upon an itemized account, properly certified by the members of the commission. All reimbursement for expenses shall be paid out of the State Treasury upon a requisition on the State Auditor.

A quorum of the commission consists of not less than two of the members who represent the viewpoint or interests of coal operators and two of the members who represent the viewpoint or interests of working miners. A measure before the commission for its consideration is adopted on the affirmative vote of any four of the six members. Audio and or video conferencing shall be allowed for members to establish a quorum, participate and vote on issues brought before the commission during regularly scheduled meetings. In the event a regular appointee is not available, an appointed alternate shall fulfill his or her duties.

(a) The West Virginia diesel equipment commission shall prepare and adopt the initial rules for the operation of diesel equipment in underground coal mines in this state. In preparing and adopting initial rules, the commission shall consider the highest achievable measures of protection for miners’ health and safety through available technology, engineering controls and performance requirements and shall further consider the cost, availability, adaptability and suitability of any available technology, engineering controls and performance requirements as they relate to the use of diesel equipment in underground coal mines.

(b) In promulgating the initial rules pursuant to subsection (a) of this section, the commission shall follow the procedures set forth in article three, chapter twenty-nine-a of this code that are prescribed for an agency proposing a legislative rule, to the point where an agency would approve a rule for submission to the Legislature. At that point, the commission shall proceed to final adoption of the initial rules and file a notice of the final adoption in the state register and with the legislative rule-making review committee. Final adoption of the initial rules may be approved only upon a majority vote of all six members of the commission. All six members must be present when a vote is taken. Upon final adoption by the commission, the initial rules are thereby promulgated and have the effect of law without further action by the commission or the Legislature. The initial rules shall be published in the code of state rules and continue in effect until modified or superseded in accordance with the provisions of this article.

§22A-2A-309. Commission’s authority to approve site-specific experimental testing prior to initial rules.

The commission is hereby authorized to approve limited site-specific requests for experimental and testing use of diesel-powered equipment in underground coal mines prior to promulgation of initial rules in accordance with subsections (b), (c), (d), (e), (f) and (g), section three hundred ten of this article. Final approval of a site-specific request may be approved only upon a majority vote of all six members of the commission. All six members must be present when a vote is taken.

(a) After the promulgation of the initial rules, the commission shall have as its primary duties the implementation of this article and the evaluation and adoption of state of the art technology and methods, reflected in engines and engine components, emission control equipment and procedures, that when applied to diesel-powered underground mining machinery shall reasonably reduce or eliminate diesel exhaust emissions and enhance protections of the health and safety of miners. The technology and methods adopted by the commission shall have been demonstrated to be reliable. In making a decision to adopt new technology and methods, the commission shall consider the highest achievable measures of protection for miners’ health and safety through available technology, engineering controls and performance requirements and shall further consider the cost, availability, adaptability and suitability of any available technology, engineering controls and performance requirements as they relate to the use of diesel equipment in underground coal mines. Any state of the art technology or methods adopted by the commission shall not reduce or compromise the level of health and safety protection of miners.

(b) Upon application of a coal mine operator, the commission shall consider site-specific requests for the use of diesel equipment in underground coal mines and for the use of alternative diesel-related health and safety technologies and methods. The commission's action on applications submitted under this subsection shall be on a mine-by-mine basis. Upon receipt of a site-specific application, the commission shall conduct an investigation, which investigation shall include consultation with the mine operator and the authorized representatives of the miners at the mine. Authorized representatives of the miners shall include a Mine Health and Safety Committee elected by miners at the mine, a person or persons employed by an employee organization representing miners at the mine or a person or persons authorized as the representative or representatives of miners of the mine in accordance with MSHA regulations at 30 C.F.R. Pt. 40 (relating to representative of miners). Where there is no authorized representative of the miners, the commission shall consult with a reasonable number of miners at the mine. Upon completion of the investigation, the commission may approve the application for the site-specific request: Provided, That an application for a site-specific request under this subsection may be approved only upon a majority vote of all six members of the commission. All six members must be present when a vote is taken.

(1) Within one hundred eighty days of receipt of an application for use of alternative technologies or methods, the commission shall complete its investigation. The time period may be extended with the consent of the applicant.

(2) The commission shall have thirty days in which to render a final decision approving or rejecting the application.

(3) The commission members shall not approve an application made under this section if, at the conclusion of the investigation, the commission members have made a determination that the use of the alternative technology or method will reduce or compromise the level of health and safety protection of miners.

(4) The written approval of an application for the use of alternative technologies or methods shall include the results of the commission’s investigation and describe the specific conditions of use for the alternative technology or method.

(5) The written decision to reject an application for the use of alternative technologies or methods shall include the results of the commission’s investigation and shall outline in detail the basis for the rejection.

(c) The commission shall establish conditions for the use of diesel-powered equipment in shaft and slope construction operations at coal mines.

(d) In performing its functions, the commission shall have access to the services of the Board of Coal Mine Health and Safety. The board shall provide administrative support and assistance pursuant to section six, article six of this chapter, to enable the commission to carry out its duties.

(e) Any action taken by the commission to either approve or reject the use of an alternative technology or method, or establish conditions under subsection (c) of this section, shall be final and binding and not subject to further review except where a decision by the commission may be deemed to be an abuse of discretion or contrary to law. If any party affected by a decision of the commission believes that the decision is an abuse of discretion or contrary to law, that party may file a petition for review with the circuit court of Kanawha County in accordance with the provisions of the administrative procedures act relating to judicial review of governmental determinations. The court, in finding that any decision made by the commission is an abuse of discretion or contrary to law, shall vacate and, if appropriate, remand the case.

(f) The powers and duties of the commission shall be limited to the matters regarding the use of diesel-powered equipment in underground coal mines.

(g) Appropriations for the funding of the commission and to effectuate the purposes of this article shall be made to a budget account hereby established for that purpose in the General Revenue Fund. Expenditures from this fund are provided for in section six, article six of this chapter.

(h) The commission may issue a clarifying resolution about the initial rules and other matters consistent with the powers and duties of the commission under this article. A unanimous vote is required for any clarifying resolution by the commission.”

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

The yeas and nays having been ordered, they were taken (Roll No. 216), and there were--yeas 28, nays 67, absent and not voting 5, with the yeas and absent and not voting being as follows:

Yeas: Boggs, Byrd, Campbell, Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Moye, Perdue, Perry, Pethtel, Pushkin, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost and Williams.

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

Delegate Miley moved to amend the bill on page sixty-one, line eighty, following section forty-one, by inserting a new section forty-two, to read as follows:

“§22A-1-42. Economic and safety impact studies of the 2015 Coal Jobs and Safety Act.

(a) The West Virginia University Bureau of Business and Economic Research and the Center for Business and Economic Research at Marshall University in furtherance of section four, article three, chapter eighteen-b of this code shall study the economic impacts of the ‘2015 Coal Jobs and Safety Act’. The study shall include: the impacts to coal industry employment, profitability and permitting costs, and any other economic impacts as can be identified as being affected by this legislation, and how alterations in administrative function have impacted the effectiveness of any permitting and civil penalty assessments, and whether any regulatory changes of the legislation have caused state permitting delays or primacy concerns for the Department of Environmental Protection or the federal government, or otherwise jeopardizing the state’s authority over its mining regulatory program.

(b) The Office of Miners Health, Safety and Training shall also conduct a study of the impacts of this legislation to safety within the coal industry, analyzing accident rates, impacts on safety records and miner job performance, including substance abuse. The Office shall also report on the effectiveness and success of these revisions, including any impacts to miner safety and whether there is any increased or perceived likelihood of accidents as a result of these changes; and further, whether abolishing the Diesel Commission have resulted in any discernable change to safety and the use of diesel equipment in underground mines.

(c) The studies mandated by this section shall be provided to the Joint Committee on Government and Finance of the West Virginia Legislature by December 31, 2016, and annually thereafter.”

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

The yeas and nays having been ordered, they were taken (Roll No. 217), and there were--yeas 34, nays 61, absent and not voting 5, with the yeas and absent and not voting being as follows:

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

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

Delegates Hornbuckle and Reynolds moved to amend the bill on page six, following the enacting section, by inserting the following new section, to read as follows:

ARTICLE SEVEN. West Virginia Providing Real Opportunities for Maximizing In-state Student Excellence Scholarship Program.

(1) West Virginia must have an educated work force in order to attract and retain the high wage, high skill jobs of the twenty-first century;

(2) A large percentage of West Virginia residents who graduate from the state’s colleges and universities do not work in the state following graduation;

(3) The percentage of West Virginia’s adult population over the age of twenty-five with at least a baccalaureate degree is less than fifteen percent and does not compare favorably with the member states of the Southern Regional Education Board average nor with the national average of twenty-five percent;

(4) Because many coal miners in West Virginia have lost their careers because of market conditions and federal regulations, and because these former miners need to be retrained in skills that will allow them to make higher wages by receiving specialized training in careers where there are current job opportunities in West Virginia, that the Promise Scholarship created pursuant to this article be expanded to assist coal miners that have GEDs or are high school graduates, to receive a scholarship to receive an education or training from a technical school or a two year degree from a community college;

(4) (5) Higher levels of education attainment result in higher levels of personal income over a lifetime;

(5) (6)Students who acquire a baccalaureate degree will earn an estimated $1 million more over their lifetimes than those who attain only a high school diploma. This translates into an increased tax base and economic development for West Virginia and more discretionary income for its citizens;

(6) (7) Students at all education levels should have an incentive to perform at a high academic level;

(7) (8) There is a need to provide parents with all tools possible to aid them in helping their children understand the importance of high academic achievement in high school and college;

(8) (9) The PROMISE Scholarship Program is highly successful and should be maintained with merit as its strongest component. The merit component:

(A) Provides an incentive for students to set high academic standards in high school;

(D) Effects a culture change in West Virginia towards increased education attainment;

(E) Results in improved ACT scores in the state since the inception of the program; and

(F) Influences increased numbers of students, including those students who are the highest academic achievers, to remain in West Virginia to attend college.

(b) It is the purpose of this article to continue the West Virginia PROMISE Scholarship Program to deal effectively with the findings set forth in this section.

(1) A PROMISE scholarship award or any specific amount of a PROMISE scholarship award to any student; or

(2) That the requirements necessary for a student to qualify for a PROMISE scholarship will not be changed by legislation or rule before the student is eligible to receive an award.

(a) General. -- For the purposes of this article, terms have the meaning ascribed to them in section two, article one of this chapter, unless the context in which the term is used clearly requires a different meaning or a specific definition is provided in this section.

(A) A state institution of higher education as defined in section two, article one, chapter eighteen-b of this code;

(B) Alderson-Broaddus College, Appalachian Bible College, Bethany College, Davis and Elkins College, Mountain State University, Ohio Valley University, the University of Charleston, West Virginia Wesleyan College and Wheeling Jesuit University, all in West Virginia. The Board, pursuant to section five of this article, shall promulgate by legislative rule, a list of accredited trade schools, community colleges and other institutions eligible for qualification for a former coal miner student to attend on a two year trade or community college scholarship. Any institution listed in authorized pursuant to this subdivision ceases to be an eligible institution if it meets either of the following conditions:

(2) ‘Tuition’ means the quarter, semester or term charges imposed by an eligible state institution of higher education and, additionally, all mandatory fees required as a condition of enrollment by all students. For the purposes of this article, the following conditions apply:

(A) West Virginia University, Potomac State College and West Virginia University Institute of Technology are considered separate institutions for purposes of determining tuition rates; and

(B) The tuition amount paid by undergraduate health sciences students at West Virginia University is considered to be the same as the amount of tuition paid by all other West Virginia University undergraduate students.

(3) ‘Enrolled’ means either currently enrolled or in the process of enrolling in an eligible institution.

(1) For a student enrolled in a state institution of higher education, the annual award is equal to the lesser of the cost of tuition or $4,750, except that a student who was awarded and used a PROMISE scholarship annual award prior to January 1, 2010, shall continue to receive the annual award calculated under the same terms and conditions that applied on the day before the effective date of this article;

(2) For a former coal miner student enrolled in a state community college or trade school the annual award is equal to the lesser of the cost of tuition or $4,750.

(2) (3) For a student enrolled in an eligible institution other than a state institution of higher education, the annual award is equal to, but may not exceed, the lesser of the cost of tuition or $4,750, except that a student who was awarded and used a PROMISE scholarship annual award prior to January 1, 2010, shall continue to receive the annual award calculated under the same terms and conditions that applied on the day before the effective date of this article;

(3) (4) The annual award may exceed $4,750, the designated amount if the commission determines that adequate funds are available, but in any case, may not be greater than the actual cost of tuition;

(4) (5)The annual award shall be used by an eligible institution to supplement, but may not supplant, a tuition and fee waiver for which the individual is eligible pursuant to section five, six-a, seven or seven-b, article ten, chapter eighteen-b of this code.

(b) The total cost of all scholarships awarded by the commission in any year may not exceed the amount of funds available to the commission during that fiscal year.

(A) Within two years of graduating from high school or within two years of acquiring a general equivalency degree if provided instruction in the home or other approved place pursuant to subsection (c), section one, article eight, chapter eighteen of this code; or

(B) Within seven years of initially entering military service, and within one year of discharge from military service, if the individual has entered the United States armed services within two years after graduating from high school;

(3) (A)For admission for a baccalaureate degree, maintain a grade point average of at least 3.0 on a 4.0 grading scale in the required core and elective course work necessary to prepare students for success in post-secondary education at the associate and baccalaureate degree levels as determined by the commission, if the individual has completed not more than one semester or term at an institution of higher education, excluding credits earned in advanced placement, international baccalaureate, dual credit and comparable courses while the student is enrolled in high school; or

(B) For admission for an associate degree or trade school certification, any person who is coal miner who has lost his or her job in the coal industry, and was not fired due to loss of certification, if the individual has completed not more than one semester or term at an approved trade school or community college or institution of higher education, excluding credits earned in advanced placement, international baccalaureate, dual credit and comparable courses while the student is enrolled in high school;

(4) Maintain appropriate academic progress toward the completion of a degree at the undergraduate education level as determined by the commission if the individual has completed more than one semester or term at an institution of higher education, excluding credits earned in advanced placement, international baccalaureate, dual credit and comparable courses while the student is enrolled in high school;

(6) Meet additional objective standards the commission considers necessary to promote academic excellence and to maintain the financial stability of the fund; and

(7) Enroll in an eligible institution. A student enrolled at an eligible institution who receives a PROMISE scholarship award may retain and renew the scholarship to complete his or her undergraduate education at that institution or any other eligible institution under the following circumstances:

(A) The institution at which the student is enrolled loses its status as an eligible institution pursuant to the provisions of subdivision (1), subsection (b), section three of this article; and

(B) The student meets all other renewal requirements of this code and of commission rules.

(d) It is the intent of the Legislature that the commission shall strongly encourage prospective candidates for the PROMISE scholarship to perform at least twenty hours of unpaid community service while in high school to help prepare them for success in post-secondary education. The community service may include, but is not limited to, participation with nonprofit, governmental or community-based organizations designed with any or all of the following purposes:

(e) The commission shall promulgate a legislative rule in accordance with the provisions of article three-a, chapter twenty-nine-a of this code.

(A) The amount of a PROMISE scholarship award in combination with aid from all other sources may not exceed the cost of education at the institution the recipient is attending. This provision does not apply to members of the West Virginia National Guard, recipients of an Underwood-Smith teacher scholarship and recipients of a West Virginia engineering, science and technology scholarship;

(C) Provisions for making the highest and best use of the PROMISE Scholarship Program in conjunction with the West Virginia College Prepaid Tuition and Savings Program Act set forth in article thirty, chapter eighteen of this code;

(D) A provision defining the relationship of PROMISE scholarship awards to all other sources of student financial aid to ensure maximum coordination. The provision shall include the following:

(ii) A requirement that PROMISE scholarship awards not supplant tuition and fee waivers; and

(iii) Clarification of the relationship between the PROMISE Scholarship Program, tuition savings plans and other state-funded student financial aid programs;

(E) A method for awarding scholarships within the limits of available appropriations, including circumstances when program funds are not sufficient to provide awards to all eligible applicants. The commission may not use any of the following methods:

(i) Providing for an annual PROMISE scholarship award that is less than the amounts provided for in this section; or

(F) A method for applicants to appeal determinations of eligibility and renewal.

(2) The rule may provide for or require the following at the commission’s discretion:

(A) Requiring repayment of the amount of the scholarship, in whole or in part, if a scholarship recipient chooses to work outside the state after graduation. The rule may not require a recipient to repay a scholarship, in whole or in part, unless the prospective recipient has been informed of this requirement in writing before initial acceptance of the PROMISE scholarship award;

(B) Targeting a portion of the scholarship funds to be used for applicants enrolled in an engineering, science, technology or other designated program;

(C) Determining what other sources of funding for higher education are to be deducted from the PROMISE scholarship award; and

(3) The Legislature finds that an emergency exists and, therefore upon passage of this Act by the 2015 West Virginia Legislature, the commission shall file a rule to implement the provisions of this section as an emergency rule pursuant to the provisions of article three-a, chapter twenty-nine-a of this code. The rule is subject to the prior approval of the Legislative Oversight Commission on Education Accountability.

(4) Any rule promulgated by the commission pursuant to previous enactments of this article in effect on the effective date of the amendment and reenactment of this article in the year 2009 remains in effect until amended, modified, repealed or replaced by the commission.”

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

The yeas and nays having been ordered, they were taken (Roll No. 218), and there were--yeas 37, nays 58, absent and not voting 5, with the yeas and absent and not voting being as follows:

Yeas: Bates, Boggs, Byrd, Campbell, Canterbury, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Lane, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Moye, J. Nelson, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Rowe, Skinner, P. Smith, Sponaugle, Trecost and Williams.

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

During debate on the amendments to Com. Sub. for S. B. 357, the Speaker instructed Members to observe House Rules regarding language and decorum.

S. B. 508, Reorganizing Hatfield-McCoy Regional Recreation Authority; on second reading, coming up in regular order, was, on motion of Delegate Cowles, laid over, retaining its place on the calendar.

H. B. 2161, Adopting the Uniform Act on Prevention of and Remedies for Human Trafficking; 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 eight, line fifteen, by striking out subsection (c) in its entirety.

On page nine, line fifteen, by striking out all of subsection (d) and inserting in lieu thereof the following:

“(d) As soon as practicable after a first encounter with an individual who reasonably appears to be a victim or minor who has engaged in commercial sexual activity, persons mandated to report suspected abuse and neglect as described in subsection (a), section two, article six-A, chapter forty-nine of this code, shall notify the appropriate agencies providing the services described in subsections (a), (b) and (c) of this section that the individual may be eligible for benefits or services and may provide to the victim, if reasonable and safe under the circumstances, the brochure or card created pursuant to subsection (d), section four of this article. Nothing in this article is intended to prevent individuals from reporting to law enforcement, child protective services or any other appropriate agency or entity suspected commercial sexual activity of a victim or minor on their own behalf.”

On page thirteen, section nine, line eighty-one, after the word “artistic”, by striking out the comma and the word “political”.

On motion of Delegates Fleischauer, Rowe and Shott, the bill was amended on page nine, line fifteen, by striking out all of subsection (d) and inserting in lieu thereof the following:

“(d) As soon as practicable after a first encounter with an individual who reasonably appears to a law-enforcement officer to be a victim or minor who has engaged in commercial sexual activity, the law enforcement officer shall notify the appropriate agencies identified in the co-ordinated and comprehensive plan developed under subsection (d), section four of this article, that the individual may be eligible for a benefit or service under this code. Nothing in this article is intended to prevent individuals from reporting suspected commercial sexual activity of a victim or minor to law enforcement, or any other appropriate agency or entity.”

On motion of Delegates Fleischauer, Rowe and Shott, the bill was amended on page seventeen, line one hundred forty-five, by striking out all of subsection (e) and inserting in lieu thereof the following:

“(e) A victim may bring a civil action against a person that commits an offense of human trafficking for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. The court may award compensatory damages, punitive damages, injunctive relief and any other appropriate relief. A prevailing victim is also entitled to attorney’s fees and costs. Treble damages shall be awarded on proof of actual damages where defendant’s acts were willful and malicious. An action under this section must be commenced not later than ten (10) years after the later date on which the victim was freed from the human trafficking situation, or attained 18 years of age. Damages awarded to the victim under this section must be offset by any other restitution paid to the victim. This section does not preclude any other remedy available to the victim under federal law or the law of this state other than the Uniform Act on Prevention of and Remedies for Human Trafficking.”

H. B. 2780, Enhancing the ability of campus police officers at public colleges to perform their duties; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 2884, Modifying training and development requirement for certain members of certain higher education boards; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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

Com. Sub. for S. B. 361, Eliminating prevailing hourly wage requirement for construction of public improvements,

Com. Sub. for H. B. 2381, Providing a teacher mentoring increment for classroom teachers with national board certification who teach and mentor at certain schools,

H. B. 2658, Relating to the inspection and slaughter of nontraditional agriculture,

H. B. 2760, Making a supplementary appropriation to the Bureau of Senior Services -Lottery Senior Citizens Fund,

H. B. 2764, Making a supplementary appropriation to the State Department of Education - School Building Authority,

Com. Sub. for H. B. 2793, Relating to exemptions from mandatory school attendance,

Com. Sub. for H. B. 2811, Deleting obsolete provisions regarding the Physicians’ Mutual Insurance Company,

Com. Sub. for H. B. 2812, Clarifying use of subsistence allowance in determining compensation for purposes of calculating pension benefits for natural resources police officers,

Com. Sub. for H. B. 2823, Eliminating the street and interurban and electric railways tax,

H. B. 2876, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state,

H. B. 2976, Expanding the eligible master’s and doctoral level programs for which a Nursing Scholarship may be awarded.

H. B. 2881,West Virginia Intrastate Commerce Improvement Act; on first reading, coming up in regular order, was, on motion of Delegate Cowles, recommitted to the Committee on Government Organization.

The Speaker laid before the House of Delegates a communication from His Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:

Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return Enrolled House Bill No. 2201 for technical reasons.

First, the bill’s title is defective because it fails to indicate the Legislature’s insertion of a definition for the term “commission”. This is problematic in that other newly inserted defined terms, such as “net metering”, “customer generator”, and “cross-subsidization”, are included in the title. This issue may be corrected either by referencing the definition of “commission” in the title, or by eliminating that definition altogether, as “commission” is already defined elsewhere for purposes of Chapter 24. See W. Va. Code § 24-1-2.

Second, the definition of “customer generator” on page 2, subsection (b), is flawed because the word “projected” on oage 2, line 9, makes the definition ambiguous. A suggested fix for this technical issue is to change the word “projected” to “project” on page 2, line 9.

Third, the definition of “cross-subsidization” on page 2, subsection (c), is also flawed because the phrase “to electric retail customers to electric retails customers” on page 2, lines 13-14, is unintelligible. This error may be repaired by eliminating the phrase “to electric retails customers’ on page 2, line 14.

Finally, there is a technical error in the language contained on page 3, subsection (i), line 61. The term “standards” following the phrase “and as the same shall be amended”, makes subsection (i) difficult to comprehend. A suggested fix for this technical issue is to move the term “standards at all times” from its current location to directly after “(IEEE)” on line 61.

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill, in an effort to meet the objections of the Governor.

An amendment recommended by Delegate Shott, was reported by the Clerk, on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

(a) ‘Net metering’ means measuring the difference between electricity supplied by an electric utility and electricity generated from a facility owned or leased and operated by a customer generator when any portion of the electricity generated from the facility is used to offset part or all of the electric retail customer's requirements for electricity.

(b) ‘Customer-generator’ means an electric retail customer who owns or leases and operates a customer-sited generation project utilizing an alternative or renewable energy resource or a net metering system in this state.

(c) ‘Cross-subsidization’, for purposes of this section, means the practice of charging costs directly incurred by the electric utility in accommodating a net metering system to electric retail customers who are not customer generators.

(d) The Public Service Commission shall adopt a rule requiring that all electric utilities provide a rebate or discount at fair value, to be determined by the Public Service Commission, to customer-generators for any electricity generation that is delivered to the utility under a net metering arrangement. The commission shall assure that any net metering tariff does not create a cross-subsidization between customers within one class of service.

(b) (e) The Public Service Commission shall also consider adopting, by rule, a requirement that all sellers of electricity to retail customers in the state, including rural electric cooperatives, municipally owned electric facilities or utilities serving less than thirty thousand residential electric customers in this state, offer net metering rebates or discounts to customer-generators.

(c) (f) The Public Service Commission shall institute a general investigation for the purpose of adopting rules pertaining to net metering and the interconnection of eligible electric generating facilities intended to operate in parallel with an electric utility’s system. As part of its investigation, the Public Service Commission shall take into consideration rules of other states within the applicable region of the regional transmission organization, as that term is defined in 18 C.F.R. §35.34, that manages a utility’s transmission system in any part of this state. Furthermore, the Public Service Commission shall consider increasing the allowed kilowatt capacity for commercial customer-generators to an amount not to exceed five hundred kilowatts and for industrial customer-generators to an amount not to exceed two megawatts. The Public Service Commission shall further consider interconnection standards for combined heat and power.

(d) The commission shall promulgate these rules within twelve months of the effective date of this article.

(g) An electric utility shall offer net metering to a customer-generator that generates electricity on the customer-generator side of the meter using alternative or renewable energy sources, on a first-come, first-served basis, based on the date of application for interconnection as provided in the rules promulgated by the commission and pursuant to a standard tariff. An electric utility may offer net metering to customer-generators, on a first-come, first-served basis, so long as the total generation capacity installed by all customer-generators is no greater than three percent (3%) of the electric utility aggregate customer peak demand in the state during the previous year, of which no less than one-half percent (0.5%) is reserved for residential customer-generators.

(h) The Public Service Commission shall adopt a rule requiring compliance with the Institute of the Electrical and Electronics Engineers (IEEE) standards at all times, and as the same shall be amended, including having a disconnect readily accessible to the utility between the facilities of the customer-generator and the electric utility.”

Delegate Skinner moved to recommit the bill to the Committee on the Judiciary, which motion was rejected.

The Speaker propounded, “Shall the bill pass, in an effort to meet the objections of the Governor?”

On this question, the yeas and nays were taken (Roll No. 219), and there were--yeas 75, nays 11, absent and not voting 14, with the yeas, nays and absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Boggs, Border, Butler, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Duke, Eldridge, Ellington, Espinosa, D. Evans, Faircloth, Fast, Fluharty, Folk, Foster, Frich, Gearheart, Hamilton, Hamrick, Hanshaw, Hartman, Hill, Householder, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Longstreth, Lynch, McCuskey, McGeehan, Miller, Moffatt, E. Nelson, J. Nelson, O’Neal, Overington, Pasdon, Perdue, Perry, Pethtel, Rohrbach, Romine, Rowan, Rowe, Shott, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Wagner, Waxman, Weld, Westfall, B. White, Williams, Zatezalo and Mr. Speaker, Mr. Armstead.

Nays: Byrd, Fleischauer, Guthrie, Hornbuckle, Manchin, Miley, Moye, Pushkin, Reynolds, Skinner and Upson.

Absent and Not Voting: Deem, A. Evans, Ferro, Hicks, Ireland, Marcum, Moore, Morgan, L. Phillips, R. Phillips, Rodighiero, Trecost, Walters and H. White.

So, a majority of the members elected having voted in the affirmative, the Speaker declared the bill (Enr. H. B. 2201) passed.

On this question, the yeas and nays were taken (Roll No. 220), and there were--yeas 73, nays 13, absent and not voting 14, with the nays and absent and not voting being as follows:

Nays: Byrd, Caputo, Fleischauer, Guthrie, Hornbuckle, Manchin, Miley, Moye, Perdue, Pushkin, Reynolds, Skinner and Upson.

Absent and Not Voting: Deem, A. Evans, Ferro, Hicks, Ireland, Marcum, Moore, Morgan, L. Phillips, R. Phillips, Rodighiero, Trecost, Walters and H. White.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. H. B. 2201) takes effect from its passage.

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

The Clerk of the Senate, announced that, upon reconsideration the Senate had amended and again passed, in an effort to meet the objections of the Governor, and requested the concurrence of the House of Delegates in the same, as to

The Speaker laid before the House of Delegates a communication from His Excellency, the Governor, setting forth his disapproval of a bill heretofore passage by both houses, as follows:

Pursuant to the provisions of section fourteen, Article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for Senate Bill No. 335.

This bill was introduced at my request, and I support it wholeheartedly. However, the bill’s final version contains three technical issues I believe the Legislature should repair. First and foremost, the bill’s definition of “opioid overdose prevention and treatment training program” references the wrong state government agency. See § 16-46-2, page 3, lines 31-34. The Office of Emergency Medical Services should be referenced on page 3, line 33, rather than the separate and independent Office of Emergency Services.

Second, the bill’s §16-46-4(a)(1) references a training program to be established, as “required by subsection (b), section six of this article.” See §16-46-4(a)(1), page 5, lines 6-8. Although the separate §16-46-6(b) authorizes the Office of Emergency Medical Services to establish training programs through legislative rulemaking, the authorization is explicitly limited to implementing the provisions of section six. See §16-46-6, page 8, lines 48-56. The authorization needs to apply more broadly to the entire article. Accordingly, the word “section” should be revised to read “article” on page 8, line 48.

Third, the deadline “by March 1” in the bill’s § 16-46-6(a)(3) is imprecise without additional language indicating whether it is an annual or one-time deadline. See page 7, line 43. This deadline could be amended to include the “and annually thereafter” or the “of each calendar year” language found elsewhere in section six. See, e.g., §16-46-6, page 6, line 1 and page 7, lines 28-29.

I urge the Legislature to amend these technical issues, and to return the bill to my desk. I look forward to signing this important piece of legislation.

On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to reconsider the bill, as amended by the Senate, in an effort to meet the objections of the Governor.

On page three, section two, line thirty-three, after the word “Emergency”, by inserting the word “Medical”.

On page seven, section six, line forty-three, after the words “March 1”, by inserting the words “and annually thereafter”.

On page eight, section six, line forty-eight, by striking out the word “section” and inserting in lieu thereof the word “article”.

On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendment.

The Speaker propounded, “Shall the bill pass, in an effort to meet the objections of the Governor?”

On this question, the yeas and nays were taken (Roll No. 221), and there were--yeas 86, nays none, absent and not voting 14, with the yeas, absent and not voting being as follows:

Yeas: Ambler, Anderson, Arvon, Ashley, Azinger, Bates, Blair, Boggs, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Duke, Eldridge, Ellington, Espinosa, D. Evans, Faircloth, Fast, Fleischauer, Fluharty, Folk, Foster, Frich, Gearheart, Guthrie, Hamilton, Hamrick, Hanshaw, Hartman, Hill, Hornbuckle, Householder, Howell, Ihle, Kelly, Kessinger, Kurcaba, Lane, Longstreth, Lynch, Manchin, McCuskey, McGeehan, Miley, Miller, Moffatt, Moye, E. Nelson, J. Nelson, O'Neal, Overington, Pasdon, Perdue, Perry, Pethtel, Pushkin, Reynolds, Rohrbach, Romine, Rowan, Rowe, Shott, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Upson, Wagner, Waxman, Weld, Westfall, B. White, Williams, Zatezalo and Mr. Speaker, Mr. Armstead.

Absent and Not Voting: Deem, A. Evans, Ferro, Hicks, Ireland, Marcum, Moore, Morgan, L. Phillips, R. Phillips, Rodighiero, Trecost, Walters and H. White.

So, a majority of the members elected having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for S. B. 335) passed.

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

The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on the Judiciary then Rules:

S. C. R. 38 - “Requesting the United States Environmental Protection Agency transfer the State of West Virginia from Environmental Protection Agency Region III to Environmental Protection Agency Region IV.”

Whereas, The United States Environmental Protection Agency (EPA) is a federal agency charged with enforcing numerous federal statutes, including, but not limited to, the Clean Water Act and the Clean Air Act; and

Whereas, The EPA organized the agency into 10 geographic regional offices and corresponding regional administrators; and

Whereas, Regional administrators are granted authority to, among other things, conduct effective regional enforcement and compliance programs and exercise approval authority for proposed state standards and implementation plans; and

Whereas, West Virginia is included in the EPA Regional Office designated as “Region III”, the regional headquarters of which is located in Philadelphia, Pennsylvania, and which region also includes the states of Delaware, Maryland, Pennsylvania, Virginia and the District of Columbia; and

Whereas, Pursuant to 40 C. F. R. 1.7, the EPA has designated a Regional Office, “Region IV”, the regional headquarters of which is located in Atlanta, Georgia, which region includes the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee; and

Whereas, The coal industry is an industry of great economic importance to the State of West Virginia; and

Whereas, The EPA’s interpretation and enforcement of the Clean Air Act and Clean Water Act, as administered by the regional administrator for Region III, particularly during recent years, has had a substantial negative impact on West Virginia’s coal industry and, therefore, a negative impact on West Virginia’s economy; and

Whereas, Taking into consideration: (1) That the EPA presumably organizes its administration into regions such that, in administering the various federal laws under its purview, it can take into account, among other things, the similar demographic and economic characteristics of the states in each region when implementing regulatory and enforcement policies for each region; (2) that the demographic and economic characteristics of West Virginia, and particularly the southern coal producing regions of West Virginia, align much more with the demographic and economic characteristics of the states in EPA Region IV in contrast to the states in EPA Region III; (3) that Kentucky, the third largest coal-producing state in the United States, is in Region IV, while West Virginia, the second largest coal-producing state in the United States, is in Region III; and (4) that the primary industry that the EPA regulates in West Virginia is the coal industry, it would be appropriate that West Virginia be transferred from EPA Region III to EPA Region IV; therefore, be it

That the Legislature hereby requests the United States Environmental Protection Agency transfer the State of West Virginia from Environmental Protection Agency Region III to Environmental Protection Agency Region IV; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Gina McCarthy, Administrator of the United States Environmental Protection Agency and to each member of West Virginia’s congressional delegation.

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

H. B. 2595, Relating to certificates of need for the development of health facilities in this state.

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. 2595) was referred to the Committee on the Judiciary.

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

Com. Sub. for H. B. 2790 - “A Bill to amend and reenact §17D-4-2, §17D-4-7 and §17D-4-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-6-31 and §31-6-31d of said code; and to amend said code by adding thereto a new section, designated §33-6-31h, all relating to proof of financial responsibility limits for motor vehicles; increasing the minimum amounts of proof required; providing that insurers are not required to offer new or increased uninsured or underinsured motor vehicle coverage when coverage is increased to meet the increased requirements of proof of financial responsibility; providing that insurers who issue policies with named driver exclusions are not required to provide any coverage upon an insured vehicle covering the excluded driver, notwithstanding the requirements of proof of financial responsibility,” With the recommendation that the committee substitute do pass.

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

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

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

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

S. B. 473, Making supplementary appropriation of federal funds to DMAPS, WV State Police,

S. B. 476, Making supplementary appropriation to Department of Administration, Division of Purchasing, Purchasing Improvement Fund,

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

H. B. 2233, Requiring that legislative rules be reviewed five years after initial approval by the Legislative Rule-Making Review Committee and the Legislative Auditor’s Office,

Com. Sub. for H. B. 2233 - “A Bill to amend and reenact §29A-3-16 of the Code of West Virginia, 1931, as amended, relating to authorizing the Legislative Rule-Making Committee with the assistance of the Legislative Auditor’s Office to review legislative rules five years after initial approval by the Legislature; and directing the Legislative Rule-Making Committee to report findings and recommendations to the Legislature,”

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

In accordance with the former direction of the Speaker, the bill (Com. Sub. for H. B. 2233) was referred to the Committee on Finance.

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

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

Com. Sub. for H. B. 2048 - “A Bill to amend and reenact §49-5-11 of the Code of West Virginia, 1931, as amended, relating to juvenile proceedings; and providing that costs for a school-based juvenile probation officer will be shared equally when a judicial circuit and a county board of education jointly establish a truancy program,”

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

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

Com. Sub. for H. B. 2474 - “A Bill to amend and reenact §18-17-1 of the Code of West Virginia, 1931, as amended, relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind; updating reference to minimum salaries in effect for personnel at facilities under jurisdiction of the State Board of Education; and authorizing board to establish salary schedules or compensation in excess of the minimums for certain teachers at the West Virginia Schools for the Deaf and the Blind,”

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

Com. Sub. for H. B. 2485 - “A Bill to amend and reenact §11-13A-5b of the Code of West Virginia, 1931, as amended, relating to the West Virginia Future Fund; and prohibiting deposits into the fund in years when certain state retirement systems are not funded to ninety percent or more of their actuarial accrued liabilities,”

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

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

Delegate Shott, Chair of the Committee on the Judiciary 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,

Com. Sub. for H. B. 2550 - “A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to promoting regular school attendance; providing timely notice that five unexcused absences will require a conference meeting with designated school representatives; providing for written notice of a conference in the case of five unexcused absences to discuss circumstances related to unexcused absences including an adjustment of unexcused absences; and increasing the number of unexcused student absences during a school year to ten before an attendance director or assistant shall make complaint against a parent, guardian or custodian before a magistrate,”

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

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

In accordance with the former direction of the Speaker, the bill (H. B. 2931) was referred to the Committee on the Judiciary.

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

H. B. 2797, Changing the term “mentally retarded” to “intellectually disabled”; and changing the term “handicapped” to “disabled”.

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. 2797) was referred to the Committee on the Judiciary.

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

Com. Sub. for H. B. 2368 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-7-37, relating to child welfare; and requiring certain reports,”

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

H. B. 2829, Defining “midwife”, “certified midwife” and “midwifery”,

And reports back a committee substitute therefor, with a new title, as follows: Com. Sub. for H. B. 2829 - “A Bill to amend and reenact §16-5-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-5-10a, all relating to direct entry midwifery; defining certain terms and requiring a report,”

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

In accordance with the former direction of the Speaker, the bill (H. B. 2239) was referred to the Committee on Government Organization.

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, but that it first be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the resolution (H. J. R. 13) was referred to the Committee on Finance.

Delegate Reynolds asked and obtained unanimous consent that all remarks regarding the amendments and passage of Com. Sub. for S. B. 357 be printed in the Appendix to the Journal.

Delegate Rohrbach announced that he was absent when the votes were taken on Roll Nos. 198 and 199, and that had he been present, he would have voted “Yea” thereon.

Delegate Westfall filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2931.

At 8:42 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 27, 2015.