Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

West Virginia Legislature

JOURNAL

of the

House of Delegates

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

The Clerk proceeded to read the Journal of Monday, March 9, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

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

Com. Sub. for H. C. R. 70 - “Requesting the Division of Highways to name the Indian Creek Bridge #3, bridge number 32-122-8.95 (32A056), latitude 37.52981, longitude -80.65837, carrying West Virginia Route 122 over Indian Creek, in Fayette County, the ‘U.S. Army SPC 4 Everette R. Johnson Memorial Bridge’,”

With the recommendation that the committee substitute be adopted, but that it first be referred to the Committee on Rules.

In accordance with the former direction of the Speaker, the resolution (Com. Sub. for H. C. R. 70) was referred to the Committee on Rules.

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

Com. Sub. for S. B. 486, Authorizing special license plates for Civil Air Patrol vehicles,

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

In the absence of objection, reference of the bill (Com. Sub. for S. B. 486) to the Committee on the Judiciary was abrogated.

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

S. C. R. 29, Requesting DOH name bridge in Kanawha County “Rosie the Riveter Memorial Bridge”,

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

In accordance with the former direction of the Speaker, the resolutions (S. C. R. 29, H. C. R. 44 and H. C. R. 112) were each referred to the Committee on Rules.

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

Com. Sub. for S. B. 353, Designating State Police Superintendent administor and enforcer of motor vehicle inspection program,

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

In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 353) was referred to the Committee on the Judiciary.

Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on March 9, 2015, he approved Com. Sub. for S. B. 335.

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

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

On motion of Delegate Cowles, the House of Delegates concurred in the following Senate amendments:

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

A trust deed deed of trust to secure debts or indemnify sureties may be in the following form or to the same effect: ‘This deed made the .......... day of ................, in the year ........, between .............................. (the grantor) of the one part, and .............................. (the trustee) of the other part, witnesseth: That the said ................... (the grantor) doth (or do) grant unto the said ....................... (the trustee) the following property (here describe it). In trust to secure (here describe the debts to be secured or the sureties to be indemnified, and insert covenants, or any other provisions the parties may agree upon). Witness the following signature.’

In lieu of the recording of a deed of trust, there may be recorded with like effect a memorandum of the deed of trust, executed by all persons who are grantors under the deed of trust and acknowledged in the manner to entitle a conveyance to be recorded. A memorandum of deed of trust entitled to be recorded shall contain at least the following information with respect to the deed of trust: (1) The name and the address of each grantor, the name and the address of each trustee and the name and the address of each beneficiary as set forth in the deed of trust; (2) a reference to the indebtedness secured by the deed of trust including the amount of the indebtedness and the date the indebtedness was incurred or if the indebtedness is evidenced by a note or contract, the date the instrument was executed; (3) the date of execution of the deed of trust if different than the date the evidence of indebtedness was executed; (4) the date of maturity of the indebtedness; (5) the description of the real estate against which a lien is claimed to secure the indebtedness; (6) a title in compliance with subsection (b), section fourteen, article one, chapter thirty-eight of this code if the indebtedness is a line of credit; (7) a statement of whether advances are obligatory if the indebtedness is a line of credit; (8) provisions of the deed of trust regarding substitution of a trustee; (9) a summary of the applicable notice and publication requirements if there is a default; (10) whether the loan was originated or serviced pursuant to a program of the following agencies or organizations, and if so, any form number actually used: (a) Federal Housing Administration; (b) Veterans Administration; (c) Federal National Mortgage Association; (d) Federal Home Loan Administration; (e) United States Department of Agriculture; or (f) West Virginia Housing Development Fund; and (11) the name of the person from whom, upon written request from any interested party, the original deed of trust, or a copy thereof, may be obtained. The memorandum shall constitute notice of only the information contained therein but, as against creditors and purchasers, it is as valid as if the complete deed of trust were recorded on the date the memorandum is admitted to record. Prior to the commencement of any foreclosure or other execution of the deed of trust, the original deed of trust shall be recorded.

§40-1-9. Contracts, deeds and mortgages invalid as to creditors and purchasers until recorded.

Every such contract, every deed conveying any such estate or term, and every deed of gift, or trust deed deed of trust or memorandum of deed of trust pursuant to section two, article one, chapter thirty-eight of this code, or mortgage, conveying real estate shall be void, as to creditors, and subsequent purchasers for valuable consideration without notice, until and except from the time that it is duly admitted to record in the county wherein the property embraced in such contract, deed, trust deed deed of trust or memorandum of deed of trust or mortgage may be.”

Com. Sub. for H. B. 2053 - “A Bill to amend and reenact §38-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact and §40-1-9 of said code, all relating to deeds of trust; permitting the recording of a memorandum of deed of trust in lieu of the deed of trust; settings requirements for content of memorandum of deed of trust; and requiring recording of original deed of trust prior to commencement of foreclosure action or other execution thereof.”

On the passage of the bill, the yeas and nays were taken (Roll No. 401), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2053) 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 that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

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

On motion of Delegate Cowles, the House of Delegates concurred in the following Senate amendments:

On page eight, section five, lines five through nine, by striking out all of subsection (b) and inserting in lieu thereof two new subsections, designated subsections (b) and (c), to read as follows:

“(b) Nothing in this act shall be construed to create a private right of action against a hospital, hospital employee, a duly authorized agent of the hospital or any consultants or contractors with whom the hospital has a contractual relationship.

(c) A hospital, a hospital employee or any consultants or contractors with whom a hospital has a contractual relationship shall not be held liable in any way for services rendered or not rendered by the lay caregiver.”

H. B. 2100 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5X-1, §16-5X-2, §16-5X-3, §16-5X-4, §16-5X-5 and §16-5X-6, all relating to permitting hospital patients to designate a lay caregiver; providing definitions; requiring patient consent; requiring certain notation in medical records; permitting modifications to the lay caregiver designations; requiring certain notices to a lay caregiver; requiring hospital to consult with a lay caregiver to prepare for aftercare and to issue discharge plan; providing for circumstances in which hospital is unable to contact a lay caregiver; providing immunity; and prohibiting use of state or federal funds for payment of a lay caregiver.”

On the passage of the bill, the yeas and nays were taken (Roll No. 402), and there were--yeas 94, nays 6, absent and not voting none, with the nays being as follows:

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2100) 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 that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

H. B. 2535, Relating generally to suicide prevention training, “Jamie’s Law”.

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

On motion of Delegate Cowles, the House of Delegates concurred in the following Senate amendments:

On page three, section forty, after the section caption, by inserting a new subsection, designated subsection (a), to read as follows:

“(a) This section, section seven, article one-b, chapter eighteen-b of this code and section one, article six, chapter twenty-seven of this code shall be known as ‘Jamie’s Law’.”

On page three, section forty, line one, before the word “On”, by inserting “(b)”.

H. B. 2535 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-40; to amend said code by adding thereto a new section, designated §18B-1B-7; and to amend said code by adding thereto a new article, designated §27-6-1, all relating to creating ‘Jamie’s Law’; requiring a public middle and high school administrator to disseminate and provide opportunities to discuss suicide prevention awareness information to all middle and high school students; requiring each public and private institution of higher education to develop and implement a policy to advise students and staff on suicide prevention programs available on and off campus; requiring each public and private institution of higher education to provide all incoming students with information about depression and suicide prevention resources available to students; requiring the posting of certain information on the website of the public and private institutions of higher education, the Higher Education Policy Commission, and the Council for Community and Technical College Education; and requiring the Bureau for Behavioral Health and Health Facilities to post on its website suicide prevention awareness information.”

On the passage of the bill, the yeas and nays were taken (Roll No. 403), 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. 2535) 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 that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:

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

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

On page two, by striking out all of section one and inserting in lieu thereof a new section, designated section one, to read as follows:

(1) ‘Addiction service provider’ means a person licensed by this state to provider addiction and substance abuse services to persons addicted to opiods, alcohol or both.

(2) ‘Adult drug court judge’ means a circuit court judge operating a drug court as defined in subsection (a), section one of this article.

(3) ‘Adult Drug Court Program’ means an adult treatment court established by the Supreme Court of Appeals of West Virginia pursuant to this article.

(4) ‘Circuit court’ means those courts set forth in article two, chapter fifty-one of this code.

(7) ‘LS/CMI assessment criteria’ means the level of service/case management inventory which is an assessment tool that measures the risk and need factors of adult offenders.

(8) ‘Medication-assisted treatment’ means the use of medications, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.

(9) ‘Parole’ means the release of a prisoner by the Division of Corrections temporarily or permanently before the completion of a sentence, on the promise of good behavior.

(10) ‘Prescriber’ means an individual currently licensed and authorized by this state to prescribe and administer prescription drugs in the course of their professional practice.”

On the passage of the bill, the yeas and nays were taken (Roll No. 404), and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:

So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2880) passed.

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

Delegate E. Nelson, from the Committee of Conference on matters of disagreement between the two houses, as to

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

Your committee of conference on the disagreeing votes of the two houses as to the Senate amendment to Eng. H. B. 2213 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

On motion of Delegate E. Nelson, the report of the Committee of Conference was adopted.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 405), and there were--yeas 90, nays 10, absent and not voting none, with the nays being as follows:

Nays: Fleischauer, Fluharty, Gearheart, Hornbuckle, Ihle, Pushkin, Reynolds, Skinner, Sponaugle and Upson.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2213) passed.

On this question, the yeas and nays were taken (Roll No. 406), and there were--yeas 95, nays 5, 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 (H. B. 2213) 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.

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

H. C. R. 126 - “Requesting the Division of Highways to name the road from the mouth of Harts Creek on Harts Creek Road 1.2 mile to Warrens Way off SR 10 on CR 19 Lincoln County, the ‘U. S. Army CPL George Browning Memorial Road’.”

Whereas, George Edward Browning was born on January 28, 1949 in Harts, Lincoln County, West Virginia. Corporal George Edward Browning was an infantryman in A TRP, 3^rd SQDN, 4^th Cavalry, 25^th INF DIV, USARV. He began his tour of duty on January 1, 1968 in Vietnam and was killed in action on March 28, 1968 in Tay Ninh Province, South Vietnam; and

Whereas, Naming the road from the mouth of Harts Creek on Harts Creek Road to Warrens Way 1.2 mile off SR 10 on CR 19 Lincoln County, the “U. S. Army CPL George Browning Memorial Road”is an appropriate recognition of his ultimate sacrifice to his country, state and Lincoln County; therefore, be it

That the Division of Highways is hereby requested to name the road from the mouth of Harts Creek on Harts Creek Road to Warrens Way 1.2 mile off SR 10 on CR 19 Lincoln County, the “U. S. Army CPL George Browning Memorial Road”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road as the “U. S. Army CPL George Browning Memorial Road”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and the surviving family of George Browning.

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

H. C. R. 127 - “Requesting the Division of Highways rename the section of U.S. Route 119 that runs through Lincoln County the ‘Deputy Sheriff Sgt. Justin Alan Thompson Memorial Highway’.”

Whereas, House Concurrent Resolution No. 10 passed during the 2010 Regular Session of the Legislature naming the section of U.S. Route 119 that runs through Lincoln County the “Sgt. Justin Alan Thompson Memorial Highway”. Sgt. Justin Alan Thompson was a member of the Lincoln County Sheriff’s Department when he was killed in the line of duty on June 19, 2007. It would be fitting to add to the signs identifying the section of U.S. Route 119 that runs through Lincoln County “Deputy Sheriff Sgt. Justin Alan Thompson Memorial Highway”; therefore, be it

That the Legislature hereby requests the Division of Highways to rename the section of U.S. Route 119 that runs through Lincoln County as “Sgt. Justin Alan Thompson Memorial Highway”, language that Sgt. Thompson was a Deputy Sheriff in Lincoln County such as “Deputy Sheriff Sgt. Justin Alan Thompson Memorial Highway”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the section of U.S. Route 119 that runs through Lincoln County “Deputy Sheriff Sgt. Justin Alan Thompson Memorial Highway”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and the family of Sgt. Justin Alan Thompson.

Delegates Eldridge, Perdue, B. White, Kessinger, Folk, Rohrbach, Ellington, Rodighiero, Marcum, H. White and R. Phillips offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 128 - “Requesting the Joint Committee on Government and Finance study the need for the health insurance policies to provide adequate coverage to encourage adoption of abuse deterrent formulation technologies for opiods in order to assist in the state's continuing efforts to eliminate prescription drug abuse.”

Whereas, In 2013, seventy-one percent of the 22,761 in the United States relating to pharmaceutical overdoses involved opioid analgesics; and

Whereas, The CDC Morbidity and Mortality Report issued in July 2014 ranked West Virginia third in the country for the number of opioids prescribed per 100 persons; and

Whereas, The FDA “considers the development of abuse-deterrent formulations to be a public health priority and is encouraging their development”; and

Whereas, The introduction of abuse-deterrent formulation technologies into the pain medication arena is of great potential significance to West Virginia as a method to ensure continued access to these important medicines and to the general interests of the state as part of a comprehensive strategy to mitigate the growing prescription drug abuse problems now; therefore, be it

That the Joint Committee on Government and Finance study the need for the health insurance policies to provide adequate coverage to encourage adoption of abuse deterrent formulation technologies for opiods in order to assist in the state’s continuing efforts to eliminate prescription drug abuse; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Delegates Miley, Boggs, Byrd, Campbell, Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hill, Hornbuckle, Kessinger, Lynch, Manchin, Marcum, Moore, Moye, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 129 - “Requesting the Division of Highways to name bridge number 10-61/28-1.25 (10A092) locally known as the Oyler Avenue Bridge, carrying County Route 61/28 over U.S. Route 19 in Fayette County, the “John Pino Bridge”.

Whereas, The Honorable John Pino was born on July 12, 1931, in Mount Hope, West Virginia, the son of the late Santa and Pietro Pino. He was a graduate of Mount Hope High School; and

Whereas, After graduation, Delegate Pino learned the art of brick laying and stone masonry. He started his own construction business and worked on projects throughout Fayette and Raleigh Counties; and

Whereas, Delegate Pino and his wife, Mary Edgar Hayes, of Oak Hill, had eight children: John Stephen, Mary Kathryn, Peter Joseph, Teresa Jo, Cynthia Lynn, Mark Anthony, Richard Lee and Angela Elaine, and have been blessed with 23 grandchildren and six great grandchildren; and

Whereas, John Pino was first elected to the House of Delegates in 1984 and honorably served for 24 years. He, at various points in his legislative service, was appointed Speaker Pro Tempore, Chairman of the Commission on Interstate Cooperation, Vice-Chairman of the Committee on Economic Development and Small Business and Vice-Chairman of the Committee on the Judiciary; and

Whereas, Delegate Pino is a committed and respected public servant. He served with distinction in the West Virginia House of Delegates and continues to be active in his community. It is fitting that an enduring memorial be established in his community to recognize his service to his community and state; therefore, be it

That the Division of Highways name bridge number 10-61/28-1.25 (10A092) locally known as the Oyler Avenue Bridge, carrying County Route 61/28 over U.S. Route19 in Fayette County, the “John Pino Bridge”; and, be it

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

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the Honorable John Pino and his family.

Delegates Romine, Hamilton, Azinger, Kelly, A. Evans and Lynch offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 16 - “Proclaiming the second Saturday of September, to be designated as ‘Heroes Day’ in West Virginia in tribute to Firefighters, Law-Enforcement Officers and Emergency Medical Services Workers who are dedicated to helping those in need and protecting the public.”

Whereas, Firefighters, Law-Enforcement Officers and Emergency Medical Services Workers are on call twenty-four hours a day, seven days a week; and

Whereas, These volunteers and professionals make numerous sacrifices and give up valuable time and energy to make sure that they are properly trained and knowledgeable within their volunteer and professional lives; and

Whereas, The Firefighters, Law-Enforcement Officers and Emergency Medical Services Workers must frequently leave family, friends and the safety of their surroundings to save a life, protect property and to prevent disasters from spreading; and

Whereas, To honor those men and women who bravely answered the call on September 11, 2001, we recognize the men and women who serve today throughout the great State of West Virginia by proclaiming the second Saturday of September "Heroes Day"; therefore, be it

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

H. R. 6, Proclaiming August 28, 2015, and every August 28 thereafter to be designated as Teachers’ Day in Hardy, Grant and Hampshire counties of West Virginia,

Com. Sub. for S. C. R. 18, Requesting DOH name bridge in Wetzel County “U. S. Army COL William L. Glover Memorial Bridge”,

Com. Sub. for S. C. R. 19, Requesting DOH name stretch of road in Wayne County “Darrell W. Sanders Memorial Highway”,

Com. Sub. for H. C. R. 24, The US Army SP5 Johnnie Marvin Ayers Memorial Bridge,

H. C. R. 31, Declaring the Northern Red Salamander to be the official state amphibian,

S. C. R. 47, Amending Joint Rules of Senate and House relating to printing enrolled bills,

Com. Sub. for H. C. R. 68, The Army SSG Harold ‘Dean’ Baker Memorial Bridge,

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

Third ReadingCom. Sub. for S. B. 30, Permitting shared animal ownership agreement to consume raw milk; on third reading, coming up in regular order, was read a third time.

Delegate Summers requested to be excused from voting on the passage of Com. Sub. for S. B. 30 under the provisions of House Rule 49.

The Speaker replied that any impact on Delegate Summers would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Lady from voting.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 407), and there were--yeas 81, nays 19, absent and not voting none, with the nays being as follows:

Nays: Caputo, Deem, Eldridge, Ferro, Fleischauer, Guthrie, Hornbuckle, Longstreth, Manchin, Moore, Morgan, Perdue, Pethtel, L. Phillips, Pushkin, Rodighiero, Rowe, Skinner and Westfall.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 30 ) 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 S. B. 37, Creating Revised Uniform Arbitration Act; on third reading, coming up in regular order, with amendments pending, was reported by the Clerk.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page five, line five, following the word, “well-established”, by striking out the words “and emphatic”.

On page twenty-eight, following line sixteen, by inserting the following: “(c) This section does not apply to an arbitration conducted or administered by a self-regulatory organization as defined by the Securities Exchange Act of 1934 (15 U.S.C. § 78C), the Commodity Exchange Act (7 U.S.C. §1, et seq.) or regulations adopted under those acts.”

Section thirty, page thirty-seven, line two, following the word “order”, by inserting the words “granting or”.

Delegate Manchin moved to amend the bill on page eleven, section eight, line twenty, following the period, by inserting a new subsection (e) to read as follows:

“(e) A person or entity may not require any consumer or party in this state for any transaction governed by article six, chapter forty-six-a of this code, to prospectively assent to a waiver of any liability imposed by said act or require any controversy arising thereunder to be referred to a person other than the duly constituted courts of this state, or the United States District Courts of the Northern or Southern Districts of West Virginia. Nothing in this prevents the consumer or party, after a civil action is filed, from entering into any agreement of settlement, arbitration, assignment or waiver of a trial by jury.”

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

The yeas and nays having been ordered, they were taken (Roll No. 408), and there were--yeas 43, nays 57, absent and not voting none, with the yeas being as follows:

Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Cowles, Eldridge, Faircloth, Fast, Ferro, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hamilton, Hartman, Hicks, Hornbuckle, Lane, Longstreth, Lynch, Manchin, Marcum, Miley, Moffatt, Moye, J. Nelson, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, Walters, H. White and Williams.

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

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 409), and there were--yeas 74, nays 26, absent and not voting none, with the nays being as follows:

Nays: Boggs, Byrd, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Perdue, Pethtel, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, Sponaugle, Walters, H. White and Williams.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 37) passed.

On this question, the yeas and nays were taken (Roll No. 410), and there were--yeas 77, nays 22, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Boggs, Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Perdue, Pethtel, Reynolds, Rodighiero, Rowe, Skinner, Sponaugle, Walters and Williams.

So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 37) takes effect July 1, 2015.

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

S. B. 89, Providing Prosecuting Attorneys Institute’s council establish Executive Director’s salary; on third reading, coming up in regular order, was reported by the Clerk.

An amendment, recommended by the Committee on Finance, was reported by the Clerk, on page four, section two-a, line seven, following the words “Resources, $95,000”, by striking out the semicolon and inserting a colon and the words “Provided, That effective July 1, 2013, the Secretary of the Department of Health and Human Resources shall be paid an annual salary not to exceed $175,000”, followed by a semicolon.

On page ten, section six, line one, following the words “executive director’s”, by striking out the words “salary shall be $70,000 per year or greater, subject to annual appropriation by the Legislature of amounts contained within the fund” and inserting in lieu thereof the words “annual salary may not be less than $70,000 and may not exceed $80,000”.

Delegate Marcum requested to be excused from voting on S. B. 89 under the provisions of House Rule 49.

The Speaker replied that any impact on Delegate Marcum would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Member from voting.

An amendment to the amendment, recommended by Delegates Gearheart and Anderson, was reported by the Clerk.

Delegate Gearheart asked and obtained unanimous consent that the amendment be withdrawn.

Delegate Gearheart then asked and obtained unanimous consent to offer another amendment on this reading.

On motion of Delegates Gearheart, Anderson and E. Nelson, the amendment was amended on page one, line four of the amendment, following the words “followed by a semicolon” and the semicolon, by striking out the remainder of the amendment and inserting in lieu thereof the following:

“On page five, section two-a, line thirteen, following the words ‘Survey, $75,000’ and the semicolon, by inserting the words “Executive Director, Prosecuting Attorneys Institute, $80,000”, followed by a semicolon;

On page eight, section two-a, line three, following the words ‘affected spending unit’ and the period, by striking out the remainder of the bill.

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

“That §6-7-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows” followed by a colon.

Delegates Campbell and Weld requested to be excused from voting on the passage of S. B. 89 under the provisions of House Rule 49.

The Speaker replied that any impact on the Delegates would be as members of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 411), and there were--yeas 88, nays 11, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Folk, Frich, Hill, Howell, Lane, Marcum, McGeehan, Moffatt, J. Nelson, Reynolds and Wagner.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 89) passed.

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

S. B. 89 - “A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; relating to compensation for public officials generally; increasing the annual salary of the salary of the executive director of the West Virginia prosecuting attorneys institute; and clarifying and restoring language accurately stating the compensation range for the secretary of the department of health and human services that was omitted by inadvertent clerical error in previous legislation.”

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

Com. Sub. for S. B. 249, Prohibiting straight party voting; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk

on page one, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That §3-4A-9, §3-4A-11a and §3-4A-27 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §3-6-2, §3-6-3, §3-6-5 and §3-6-6 of said code be amended and reenacted, all to read as follows:

An electronic voting system of particular make and design may not be approved by the State Election Commission or be purchased, leased or used by any county commission unless it meets the following requirements:

(1) It secures or ensures the voter absolute secrecy in the act of voting or, at the voter's election, provides for open voting;

(2) It is constructed to ensure that, except in instances of open voting as provided in this section, the contents of a marked ballot may not be seen or known by anyone other than the voter who has voted or is voting;

(3) It permits each voter to vote at any election for all persons and offices for whom and which he or she is lawfully entitled to vote, whether or not the name of any person appears on a ballot as a candidate; and it permits each voter to vote for as many persons for an office as he or she is lawfully entitled to vote for; and to vote for or against any question upon which he or she is lawfully entitled to vote. The automatic tabulating equipment used in electronic voting systems is to reject choices recorded on any ballot if the number of choices exceeds the number to which a voter is entitled;

(4) It permits each voter to write in the names of persons for whom he or she desires to vote whose names do not appear upon the ballots;

(5) It permits each voter to change his or her vote for any candidate and upon any question appearing upon the ballots or ballot labels up to the time when his or her ballot is deposited in the ballot box or his or her ballot is cast by electronic means;

(6) It contains programming media containing sequentially numbered program instructions and coded or otherwise protected from tampering or substitution of the media or program instructions by unauthorized persons and capable of tabulating all votes cast in each election;

(7) It contains two standard validation test decks approved as to form and testing capabilities by the State Election Commission;

(8) It correctly records and counts accurately all votes cast for each candidate and for and against each question appearing upon the ballots;

(9) It permits each voter at any election, other than a primary election, to vote a straight party ticket, as provided in section five, article six of this chapter by one mark or punch;

(10) (9) It permits a voter in a primary election to: (A) Vote only for the candidates of the party for which the voter is legally permitted to vote; (B) vote for the candidates, if any, for nonpartisan nominations or election; and (C) vote on public questions; and precludes the voter from voting for any candidate seeking nomination by any other political party unless that political party has determined that the voter may participate in its primary election;

(11) (10) It, where applicable, is provided with means for sealing or electronically securing the vote recording device to prevent its use and to prevent tampering with the device, both before the polls are open or before the operation of the vote recording device for an election is begun and immediately after the polls are closed or after the operation of the vote recording device for an election is completed;

(12) (11) It has the capacity to contain the names of candidates constituting the tickets of at least nine political parties and accommodates the wording of at least fifteen questions;

(13) (12) (A) Direct recording electronic voting machines must generate a paper copy of each voter’s vote that will be automatically kept within a storage container that is locked, closely attached to the direct recording electronic voting machine and inaccessible to all but authorized voting officials, who will handle such storage containers and such paper copies contained therein in accordance with section nineteen of this article.

(B) The paper copy of the voter’s vote shall be generated at the time the voter is at the voting station using the direct recording electronic voting machine.

(C) The voter may examine the paper copy visually or through headphone readout, and may accept or reject the printed copy.

(D) The voter may not touch, handle or manipulate the printed copy manually in any way.

(E) Once the printed copy of the voter’s votes is accepted by the voter as correctly reflecting the voter’s intent, but not before, it will automatically be stored for recounts or random checks and the electronic vote will be cast within the computer mechanism of the direct recording electronic voting machine.

(F) Direct recording electronic voting machines with a mandatory paper copy shall be approved by the Secretary of State. The Secretary of State may promulgate rules and emergency rules to implement or enforce this subsection pursuant to the provisions of section five, article three, chapter twenty-nine-a of this code.

(A) Be durably constructed of material of good quality and in a workmanlike manner and in a form which makes it safely transportable;

(B) Bear a number that will identify it or distinguish it from any other machine;

(C) Be constructed to ensure that a voter may easily learn the method of operating it and may expeditiously cast his or her vote for all candidates of his or her choice and upon any public question; and

(D) Be accompanied by a mechanically or electronically operated instruction model which shows the arrangement of the ballot, party columns or rows and questions;

(15) (14) For electronic voting systems that utilize a screen upon which votes may be recorded by means of a stylus or by means of touch, they shall:

(A) Be constructed to provide for the direct electronic recording and tabulating of votes cast in a system specifically designed and engineered for the election application;

(B) Be constructed to prevent any voter from voting for more than the allowable number of candidates for any office, to include an audible or visual signal, or both, warning any voter who attempts to vote for more than the allowable number of candidates for any office or who attempts to cast his or her ballot prior to its completion and are constructed to include a visual or audible confirmation, or both, to the voter upon completion and casting of the ballot;

(C) Be constructed to present the entire ballot to the voter, in a series of sequential pages, and to ensure that the voter sees all of the ballot options on all pages before completing his or her vote and to allow the voter to review and change all ballot choices prior to completing and casting his or her ballot;

(D) Be constructed to allow election commissioners to spoil a ballot where a voter fails to properly cast his or her ballot, has departed the polling place and cannot be recalled by a poll clerk to complete his or her ballot;

(E) Be constructed to allow election commissioners, poll clerks or both to designate, mark or otherwise record provisional ballots;

(F) Consist of devices which are independent, nonnetworked voting systems in which each vote is recorded and retained within each device's internal nonvolatile electronic memory and contain an internal security, the absence of which prevents substitution of any other device;

(G) Store each vote in no fewer than three separate, independent, nonvolatile electronic memory components and that each device contains comprehensive diagnostics to ensure that failures do not go undetected;

(H) Contain a unique, embedded internal serial number for auditing purposes for each device used to activate, retain and record votes;

(I) Be constructed to record all preelection, election and post-election activities, including all ballot images and system anomalies, in each device's internal electronic memory and are to be accessible in electronic or printed form;

(J) Be constructed with a battery backup system in each device to, at a minimum, prevent the loss of any votes, as well as all preelection, election and post-election activities, including all ballot images and system anomalies, stored in the device's internal electronic memory and to allow voting to continue for two hours of uninterrupted operation in case of an electrical power failure; and

(K) Be constructed to prevent the loss of any votes, as well as all preelection, election and post-election activities, including all ballot images and system anomalies, stored in each device's internal electronic memory even in case of an electrical and battery power failure.

§3-4A-11a. Ballots tabulated electronically; arrangement; quantity to be printed; ballot stub numbers.

(a) The board of ballot commissioners in counties using ballots upon which votes may be recorded by means of marking with electronically sensible ink or pencil and which marks are tabulated electronically shall cause the ballots to be printed or displayed upon the screens of the electronic voting system for use in elections.

(b) (1) For the primary election, the heading of the ballot, the type faces, the names and arrangement of offices and the printing of names and arrangement of candidates within each office are to conform as nearly as possible to the provisions of sections thirteen and thirteen-a, article five of this chapter.

(2) For the general election, the heading of the ballot, the straight ticket positions, the instructions to straight ticket voters, the type faces, the names and arrangement of offices and the printing of names and the arrangement of candidates within each office are to conform as nearly as possible to the provisions of section two, article six of this chapter, except as otherwise provided in this article.

(3) Nonpartisan elections for board of education and any question to be voted upon are to be separated from the partisan ballot and separately headed in display type with a title clearly identifying the purpose of the election and constituting a separate ballot wherever a separate ballot is required under the provisions of this chapter.

(4) Both the face and the reverse side of the ballot may contain the names of candidates only if means to ensure the secrecy of the ballot are provided and lines for the signatures of the poll clerks on the ballot are printed on a portion of the ballot which is deposited in the ballot box and upon which marks do not interfere with the proper tabulation of the votes.

(5) The arrangement of candidates within each office is to be determined in the same manner as for other electronic voting systems, as prescribed in this chapter. On the general election ballot for all offices, and on the primary election ballot only for those offices to be filled by election, except delegate to national convention, lines for entering write-in votes are to be provided below the names of candidates for each office, and the number of lines provided for any office shall equal the number of persons to be elected, or three, whichever is fewer. The words ‘WRITE-IN, IF ANY’ are to be printed, where applicable, directly under each line for write-ins. The lines are to be opposite a position to mark the vote.

(c) Except for electronic voting systems that utilize screens upon which votes may be recorded by means of a stylus or by means of touch, the primary election ballots are to be printed in the color of ink specified by the Secretary of State for the various political parties, and the general election ballot is to be printed in black ink. For electronic voting systems that utilize screens upon which votes may be recorded by means of a stylus or by means of touch, the primary ballots and the general election ballot are to be printed in black ink. All ballots are to be printed, where applicable, on white paper suitable for automatic tabulation and are to contain a perforated stub at the top or bottom of the ballot, which is to be numbered sequentially in the same manner as provided in section thirteen, article five of this chapter, or are to be displayed on the screens of the electronic voting system upon which votes are recorded by means of a stylus or touch. The number of ballots printed and the packaging of ballots for the precincts are to conform to the requirements for paper ballots provided in this chapter.

(d) In addition to the official ballots, the ballot commissioners shall provide all other materials and equipment necessary to the proper conduct of the election.

(a) All proceedings at the central counting center are to be under the supervision of the clerk of the county commission and are to be conducted under circumstances which allow observation from a designated area by all persons entitled to be present. The proceedings shall take place in a room of sufficient size and satisfactory arrangement to permit observation. Those persons entitled to be present include all candidates whose names appear on the ballots being counted or, if a candidate is absent, a representative of the candidate who presents a written authorization signed by the candidate for the purpose and two representatives of each political party on the ballot who are chosen by the county executive committee chairperson. A reasonable number of the general public is also freely admitted to the room. In the event all members of the general public desiring admission to the room cannot be admitted at one time, the county commission shall provide for a periodic and convenient rotation of admission to the room for observation, to the end that each member of the general public desiring admission, during the proceedings at the central counting center, is to be granted admission for reasonable periods of time for observation: Provided, That no person except those authorized for the purpose may touch any ballot or other official records and papers utilized in the election during observation.

(b) All persons who are engaged in processing and counting the ballots are to work in teams consisting of two persons of opposite political parties, and are to be deputized in writing and take an oath that they will faithfully perform their assigned duties. These deputies are to be issued an official badge or identification card which is assigned an identity control number and the deputies are to prominently wear on his or her outer garments the issued badge or identification card. Upon completion of the deputies' duties, the badges or identification cards are to be returned to the county clerk.

(c) Ballots are to be handled and tabulated and the write-in votes tallied according to procedures established by the Secretary of State, subject to the following requirements:

(1) In systems using ballots marked with electronically sensible ink, ballots are to be removed from the ballot boxes and stacked for the tabulator which separates ballots containing marks for a write-in position. Immediately after tabulation, the valid write-in votes are to be tallied. No write-in vote may be counted for an office unless the voter has entered the name of an official write-in candidate for that office on the line provided, either by writing, affixing a sticker or placing an ink-stamped impression thereon;

(2) In systems using ballots in which votes are recorded upon screens with a stylus or by means of touch, the ballots are to be tabulated according to the processes of the system. Systems using ballots in which votes are recorded upon screens with a stylus or by means of touch are to tally write-in ballots simultaneously with the other ballots;

(3) When more than one person is to be elected to an office and the voter desires to cast write-in votes for more than one official write-in candidate for that office, the voter shall mark the location appropriate for the voting system, in the write-in location for that office. When there are multiple write-in votes for the same office and the combination of choices for candidates on the ballot and write-in choices for the same office exceed the number of candidates to be elected, the ballot is to be duplicated or hand counted, with all votes for that office rejected;

(4) Write-in votes for nomination for any office and write-in votes for any person other than an official write-in candidate are to be disregarded; and

(5) When a voter casts a straight ticket vote and also marks the location for a write-in vote for an office, the straight ticket vote for that office is to be rejected, whether or not a vote can be counted for a write-in candidate; and

(6) (5) Official write-in candidates are those who have filed a write-in candidate's certificate of announcement and have been certified according to the provisions of section four-a, article six of this chapter.

(d) If any ballot is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy is to be made of the damaged ballot in the presence of representatives of each political party on the ballot and substituted for the damaged ballot. All duplicate ballots are to be clearly labeled ‘duplicate’ and are to bear a serial number which is recorded on the damaged or defective ballot and on the replacement ballot.

(e) The returns printed by the automatic tabulating equipment at the central counting center, to which have been added write-in and other valid votes, are, when certified by the clerk of the county commission, to constitute the unofficial preliminary returns of the county. Upon completion of the count, the returns are to be open to the public by posting a summary of the returns as have been tabulated at the central counting center. Upon completion of the canvass, the returns are to be posted as tabulated precinct by precinct.

(f) If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the county commission may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots.

(g) As soon as possible after the completion of the count, the clerk of the county commission shall have the vote recording devices properly boxed or securely covered and removed to a proper and secure place of storage.

(1) The name and ticket of each party which is a political party under the provisions of section eight, article one of this chapter;

(2) The name chosen as the party name by each group of citizens which has secured nomination for two or more candidates by petition under the provisions of section twenty-three, of this article five of this chapter; and

(3) The names of every candidate for any office to be voted for at the election whose nomination in the primary election, nomination by petition or nomination by appointment to fill a vacancy on the ballot has been certified and filed according to law and no others.

(b) The provisions of paragraphs (C) and (D), subdivision (2), section thirteen, article five of this chapter; subdivision (3) of said section; paragraphs (A) and (B), subdivision (4) of said section; and subdivisions (6), (7), (8) and (9) of said section pertaining to the preparation and form of primary election ballots shall likewise apply to general election ballots.

(c) (1) For all ballot systems, the ballot heading is to be in display type and contain the words ‘Official Ballot, General Election’ and the name of the county and the month, day and year of the election.

(2) After the heading, each ballot is to contain, laid out in parallel columns, rows or pages as required by the particular voting system, the party emblem the position for straight party voting for each party and the name of each party as prescribed in subsection (a) of this section. On paper ballots, the position for straight party voting is to be a heavy circle, three-fourths inch in diameter, surrounded by the words ‘For a straight ticket mark within this circle’ printed in bold six-point type. On all other ballots or ballot labels, the positions for straight party voting is to be marked ‘Straight Party Ticket’.

(3) The party whose candidate for president received the highest number of votes at the last preceding presidential election is to be placed in the left, or first column, row or page, as is appropriate to the voting system. The party which received the second highest vote is to be next and so on. Any groups or third parties which did not have a candidate for president on the ballot in the previous presidential election are to be placed in the sequence in which the final certificates of nomination by petition were filed.

(4)(A) The following general instructions for straight party voters are to be printed in no smaller than eight point bold type: ‘IF YOU MARKED A STRAIGHT TICKET: When you mark any individual candidate in a different party, that vote will override your straight party vote for that office. When you mark any individual candidate in a different party for an office where more than one will be elected, YOU MUST MARK EACH OF YOUR CHOICES FOR THAT OFFICE because your straight ticket vote will not be counted for that office’. The last sentence of the instructions may not be included on any ballot which does not contain any office or division where more than one candidate will be elected.

On paper ballots, the general instructions are to be placed below the party name and across the top of all columns, followed by a heavy line separating them from the rest of the ballot: Provided, That the instructions may be centered among the columns running the full width of the ballot. On ballots marked with electronically sensible ink, the general instructions are to be placed after the position for straight voting and before any office.

(B) The following specific instructions are to be printed on the ballot for any partisan election for an office or division to which more than one candidate is to be elected: ‘If you marked a straight ticket and you mark any candidate in a different party for this office, you must mark all your choices for this office because your straight ticket vote will not be counted for this office’.

On paper ballots, the specific instructions are to be placed below the office name of any partisan office where more than one is to be elected and across the top of all columns for that office or centered among the columns before the names of any candidates. On all other ballots and ballot labels, the specific instructions are to be placed above or to the side of the names of the candidates as the voting system requires.

(5) (4) For all ballots, any columns, rows or sections in which the ticket of one party appears are to be clearly separated from the other columns, rows or sections by a heavy line or other clear division. For each party, the offices are to be arranged in the order prescribed in section thirteen-a, article five of this chapter under the appropriate tickets, which are to be headed ‘National Ticket’, ‘State Ticket’ and ‘County Ticket’. The number of pages, columns or rows, where applicable, may be modified to meet the limitations of ballot size and composition requirements, subject to approval by the Secretary of State.

(d) The arrangement of names within each office for all ballot systems is to be as follows:

(1) In elections for presidential electors, the names of the candidates for president and vice president of each party are to be placed beside a brace with a single voting position, so that a vote for any presidential candidate is a vote for the electors of the party for which the candidates were named.

(2) The order of names of candidates for any office or division for which more than one is to be elected is determined as prescribed in section thirteen-a, article five of this chapter: Provided, That the drawing by lot is to be conducted on the seventieth day next preceding the date of the general election, beginning at 9:00 a.m.

(3) In any office where more than one person is to be elected, the names of the candidates for the office are to be staggered so that no two candidates for that office appear directly opposite any other candidate, as shown in the example below: Provided, That if the voting system cannot accurately tabulate any ballot due to this requirement, the ballot may be adjusted so that it is accurately tabulated. However, each candidate shall be separated by a thin line to distinguish between each candidate.

________________________________________________________________________________

(4) Each voting system is to provide a means for voters to vote for any person whose name does not appear on the ticket by writing it with pen or pencil or by using stamps, stickers, tapes, labels or other means of writing in the name of a candidate which does not interfere with the tabulation of the ballot.

(A) In paper ballot systems which allow for write-ins to be made directly on the ballot, a blank square and a blank line equal to the space which would be occupied by the name of the candidate is to be placed under the proper office for each vacancy in nomination and for an office for which more than one is to be elected, any vacancy is to appear after any other candidates for the office. If no write-in lines are included on the ballot, specific instructions are to be added to the top of the ballot notifying the voter that a write-in vote may be cast by writing the name and office on any location on the front of the ballot.

(B) In machine and electronically tabulated ballot systems in which write-in votes must be made in a place other than on the ballot, if there is a vacancy in nomination leaving fewer candidates in any party than can be elected to that office, the words ‘No Candidate Nominated’ is are to be printed in the space that would be occupied by the name of the candidate and for an office for which more than one is to be elected, any vacancy is to appear after any other candidates for the office. Notwithstanding any other provision of this code, if there are multiple vacant positions on a ballot for one office, the multiple vacant positions which would otherwise be filled with the words ‘No Candidate Filed’ may be replaced with a brief detailed description, approved by the Secretary of State, indicating that there are no candidates listed for the vacant positions.

(5) In a general election in any county in which unexpired terms of the board of education are to be filled by election, a separate section or page of the ballot is to be set off by means clearly separating the nonpartisan ballot from the ballot for the political party candidates and is to be headed ‘Nonpartisan Board of Education’.

(e) Any constitutional amendment is to be placed following all offices, followed by any other issue upon which the voters are to cast a vote. The heading for each amendment or issue is to be printed in large, bold type according to the requirements of the resolution authorizing the election.

(f) The board of ballot commissioners may not place any issue on the ballot for election which is not specifically authorized under the West Virginia Constitution or statutes or which has not been properly ordered by the appropriate governmental body charged with calling the election.

(g) A ballot may not offer a voter the option of voting a straight party ticket by one mark or punch.

(a) The ballot commissioners of each county shall prepare a sample official general election ballot for all political party or independent nominees with no party affiliation unless those persons have actually been nominated by an independent party, nonpartisan candidates for election, if any, and all ballot issues to be voted for at the general election, according to the provisions of this article and articles four and four-a of this chapter, as appropriate to the voting system, and for any ballot issue, according to the provisions of law authorizing the election.

(1) For counties in which two or more qualified newspapers publish a daily newspaper, not more than twenty-six nor less than twenty days preceding the general election, the ballot commissioners shall publish the sample official general election ballot as a Class I-0 legal advertisement in the two qualified daily newspapers of different political parties within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;

(2) For counties having no more than one daily newspaper, or having only one or more qualified newspapers which publish weekly, not more than twenty-six nor less than twenty days preceding the primary election, the ballot commissioners shall publish the sample official general election ballot as a Class I legal advertisement in the qualified newspaper within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code; and

(3) Each facsimile sample ballot shall be a photographic reproduction of the official sample ballot or ballot pages and shall be printed in a size no less than sixty-five percent of the actual size of the ballot, at the discretion of the ballot commissioners: Provided, That when the ballots for the precincts within the county contain different senatorial, delegate, magisterial or executive committee districts or when the ballots for precincts within a city contain different municipal wards, the facsimile shall be altered to include each of the various districts in the appropriate order. If, in order to accommodate the size of each ballot, the ballot or ballot pages must be divided onto more than one page, the arrangement and order shall be made to conform as nearly as possible to the arrangement of the ballot. The publisher of the newspaper shall submit a proof of the ballot and the arrangement to the ballot commissioners for approval prior to publication.

(c) The ballot commissioners of each county shall prepare, in the form and manner prescribed by the Secretary of State, an official list of offices and nominees for each office which will appear on the general election ballot for each political party or as independent nominees with no party affiliation unless those persons have actually been nominated by an independent party and, as the case may be, for the nonpartisan candidates to be voted for at the general election:

(1) All information which appears on the ballot, including the names of parties for which a straight ticket may be cast, instructions relating to straight ticket voting, instructions as to the number of candidates for whom votes may be cast for the office, any additional language which will appear on the ballot below the name of the office, any identifying information relating to the candidates, such as his or her residence and magisterial district or presidential preference. Following the names of all candidates, the list shall include the full title, text and voting positions of any issue to appear on the ballot.

(2) The order of the straight ticket positions, offices and candidates for each office and the manner of designating the parties shall be as follows:

(A) The straight ticket positions shall be designated ‘straight (party name) ticket’, with the parties listed in the order in which they appear on the ballot, from left to right or from top to bottom, as the case may be;

(B) (A) The offices shall be listed in the same order in which they appear on the ballot;

(C) (B) The candidates within each office for which one is to be elected shall be listed in the order they appear on the ballot, from left to right or from top to bottom, as the case may be, and the candidate's political party affiliation or independent status shall be indicated by the one- or two-letter initial specifying the affiliation, placed in parenthesis to the right of the candidate's name; and

(D) (C) The candidates within each office for which more than one is to be elected shall be arranged by political party groups in the order they appear on the ballot and the candidate's affiliation shall be indicated as provided in paragraph (C) (B) of this subdivision.

(d) The official list of candidates and issues as provided in subsection (c) of this section shall be published as follows:

(1) For counties in which two or more qualified newspapers publish a daily newspaper, on the last day on which a newspaper is published immediately preceding the general election, the ballot commissioners shall publish the official list of nominees and issues as a Class I-0 legal advertisement in the two qualified daily newspapers of different political parties within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;

(2) For counties having no more than one daily paper, or having only one or more qualified newspapers which publish weekly, on the last day on which a newspaper is published immediately preceding the general election, the ballot commissioners shall publish the sample official list of nominees and issues as a Class I legal advertisement in the qualified newspaper within the county having the largest circulation in compliance with the provisions of article three, chapter fifty-nine of this code;

(3) The publication of the official list of nominees for each party and for nonpartisan candidates shall be in single or double columns, as required to accommodate the type size requirements as follows:

(A) The words ‘official list of nominees and issues’, the name of the county, the words ‘General Election’ and the date of the election shall be printed in all capital letters and in bold type no smaller than fourteen point;

(B) The designation of the straight ticket party positions shall be printed in all capital letters in bold type no smaller than twelve point and the title of the office shall be printed in bold type no smaller than twelve point and any voting instructions or other language printed below the title shall be printed in bold type no smaller than ten point; and

(C) (B) The names of the candidates and the initial within parenthesis designating the candidate's affiliation shall be printed in all capital letters in bold type no smaller than ten point and the residence information shall be printed in type no smaller than ten point; and

(4) When any ballot issue is to appear on the ballot, the title of that ballot shall be printed in all capital letters in bold type no smaller than twelve point. The text of the ballot issue shall appear in no smaller than eight point type. The ballot commissioners may require the publication of the ballot issue under this subsection in the facsimile sample ballot format in lieu of the alternate format.

(e) Notwithstanding the provisions of subsections (c) and (d) of this section, beginning with the general election to be held in the year two thousand, the ballot commissioners of any county may choose to publish a facsimile sample general election ballot, instead of the official list of candidates and issues, for purposes of the last publication required before any general election.

The provisions of article one of this chapter relating to elections generally shall govern and control arrangements and election officials for the conduct of elections under this article. The following rules and procedures shall govern the voting for candidates in general and special elections:

(a) If the voter desires to vote a straight ticket for an official write-in candidate, or in other words, for each and every candidate for one party for whatever office nominated, the voter shall either:

(1) Mark the position designated for a straight ticket in the manner appropriate to the voting system; or

(2) Mark the voting position for each and every candidate of the chosen party in the manner appropriate to the voting system.

(b) If the voter desires to vote a mixed ticket, or in other words, for candidates of different parties, the voter shall either:

(1) Omit marking any straight ticket voting position and mark, in the manner appropriate to the voting system, the name of each candidate for whom he or she desires to vote on whatever ticket the name may be; or

(2) Mark the position designated for a straight ticket for the party for some of whose candidates he or she desires to vote and then mark the name of any candidate of any other party for whom he or she may desire to vote, in which case the cross mark in the circular space above the name of the party straight ticket mark will cast his or her vote for every candidate on the ticket of the party except for offices for which candidates are marked on other party tickets and the marks for the candidates will cast a vote for them; or

(3) Write write with ink or other means or affix a sticker or label or place an ink-stamped impression of the name of an official write-in candidate for an office for whom he or she desires to vote in the space designated for write-in votes for the particular voting system or for paper ballot systems, write or place the name and office designation in any position on the face of the ballot which makes the intention of the voter clear as to both the office and the candidate chosen.

(c) If in marking either a straight or mixed ticket as above defined, a straight ticket voting position is marked, and also one or more marks are made for candidates on the same ticket for offices for which candidates on other party tickets are not individually marked, the marks before the name of candidate on the ticket so marked shall be treated as surplusage and ignored.

(d) When a voter casts a straight ticket vote and also writes in any name for an office, the straight ticket vote for that office shall be rejected, whether or not a vote can be counted for a write-in candidate.

(e) The secretary of state may proscribe devices for casting write-in votes which would cause mechanical difficulty with voting machines or electronic devices or which would obliterate or deface a paper ballot or any portion thereof, but the secretary of state shall preserve the right to vote by a write-in vote for those candidates who have filed and have been certified as official write-in candidates under the provisions of section four-a of this article.

(f) (b) If the voter marks more names than there are persons to be elected to an office or if, for any reason, it is impossible to determine the voter's choice for an office to be filled, the ballot shall not be counted for the office. The intention of the voter shall be deemed to be clear if the write-in vote cast for an office contains both the first and last name of an official write-in candidate for that office; and if no two official write-in candidates for that office share a first or last name, either the first name or last name alone shall be deemed to express the clear intention of the voter.

(g) (c) Except as otherwise specifically provided in this chapter, no ballot shall be rejected for any technical error which does not make it impossible to determine the voter's choice. §3-6-6. Ballot counting procedures in paper ballot systems.

When the polls are closed in an election precinct where only a single election board has served, the receiving board shall perform all of the duties prescribed in this section. When the polls are closed in an election precinct where two election boards have served, both the receiving and counting boards shall together conclude the counting of the votes cast, the tabulating and summarizing of the number of the votes cast, unite in certifying and attesting to the returns of the election and join in making out the certificates of the result of the election provided for in this article. They shall may not adjourn until the work is completed.

In all election precincts, as soon as the polls are closed and the last voter has voted, the receiving board shall proceed to ascertain the result of the election in the following manner:

(a) In counties in which the clerk of the county commission has determined that the absentee ballots should be counted at the precincts in which the absent voters are registered, the receiving board must first process the absentee ballots and deposit the ballots to be counted in the ballot box. The receiving board shall then proceed as provided in subsections (b) and (c) of this section. In counties in which the absentee ballots are counted at the central counting center, the receiving board shall proceed as provided in subsections (b) and (c) of this section.

(b) The receiving board shall ascertain from the pollbooks and record on the proper form the total number of voters who have voted. The number of ballots challenged shall be counted and subtracted from the total and the result should equal the number of ballots deposited in the ballot box. The commissioners and clerks shall also report, over their signatures, the number of ballots spoiled and the number of ballots not voted.

(c) The procedure for counting ballots, whether performed throughout the day by the counting board as provided in section thirty-three, article one of this chapter or after the close of the polls by the receiving board or by the two boards together, shall be as follows:

(1) The ballot box shall be opened and all votes shall be tallied in the presence of the entire election board;

(2) One of the commissioners shall take one ballot from the box at a time and shall determine if the ballot is properly signed by the two poll clerks of the receiving board. If not properly signed, the ballot shall be placed in an envelope for the purpose, without unfolding it. Any ballot which does not contain the proper signatures shall be challenged. If an accurate accounting is made for all ballots in the precinct in which the ballot was voted and no other challenge exists against the voter, the ballot shall be counted at the canvas. If properly signed, the commissioner shall hand the ballot to a team of commissioners of opposite politics, who shall together read the votes marked on the ballot for each office. Write-in votes for election for any person other than an official write-in candidate shall be disregarded. When a voter casts a straight ticket vote and also casts a write-in vote for an office, the straight ticket vote for that office shall be rejected whether or not a vote can be counted for a write-in candidate;

(3) The commissioner responsible for removing the ballots from the box shall keep a tally of the number of ballots as they are removed and whenever the number shall equal the number of voters entered on the pollbook minus the number of provisional ballots, as determined according to subsection (a) of this section, any other ballot found in the ballot box shall be placed in the same envelope with unsigned ballots not counted, without unfolding the same or allowing anyone to examine or know the contents thereof, and the number of excess ballots shall be recorded on the envelope;

(4) Each poll clerk shall keep an accurate tally of the votes cast by marking in ink on tally sheets, which shall be provided for the purpose, so as to show the number of votes received by each candidate for each office and for and against each issue on the ballot; and

(5) When the reading of the votes is completed, the ballot shall be immediately strung on a thread.”

On motion of Delegate Shott, the amendment was amended on page five, section eleven-a, line ten, by striking out section eleven-a and inserting in lieu thereof the following:

“§3-4A-11a. Ballots tabulated electronically; arrangement, quantity to be printed, ballot stub numbers.

(b) (1) For the primary election, the heading of the ballot, the type faces, the names and arrangement of offices and the printing of names and arrangement of candidates within each office are to conform as nearly as possible to sections thirteen and thirteen-a, article five of this chapter.

(2) For the general election, the heading of the ballot, the straight ticket positions, the instructions to straight ticket voters, the type faces, the names and arrangement of offices and the printing of names and the arrangement of candidates within each office are to conform as nearly as possible to section two, article six of this chapter, except as otherwise provided in this article.

(3) Effective with the primary election held in 2016, and thereafter, the following nonpartisan elections are to be separated from the partisan ballot and separately headed in display type with a title clearly identifying the purpose of the election and constituting a separate ballot wherever a separate ballot is required under this chapter:

(5) The arrangement of candidates within each office is to be determined in the same manner as for other electronic voting systems, as prescribed in this chapter. On the general election ballot for all offices, and on the primary election ballot only for those offices to be filled by election, except delegate to national convention, lines for entering write-in votes are to be provided below the names of candidates for each office, and the number of lines provided for any office shall equal the number of persons to be elected, or three, whichever is fewer. The words "WRITE-IN, IF ANY" are to be printed, where applicable, directly under each line for write-ins. The lines are to be opposite a position to mark the vote.

(d) In addition to the official ballots, the ballot commissioners shall provide all other materials and equipment necessary to the proper conduct of the election.”

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 412), and there were--yeas 87, nays 13, absent and not voting none, with the nays being as follows:

Nays: Caputo, Eldridge, Ferro, Fleischauer, Guthrie, Hornbuckle, Kelly, Lynch, Manchin, Moore, Perdue, Perry and Pushkin.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 249) passed.

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

At 1:26 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 2:00 p.m.

S. B. 283, Relating to branch banking; 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. 413), and there were--yeas 76, nays none, absent and not voting 24, with the absent and not voting being as follows:

Absent And Not Voting: Byrd, Campbell, Cooper, Deem, Eldridge, Foster, Guthrie, Hicks, Hornbuckle, Kessinger, Longstreth, Lynch, McCuskey, McGeehan, Moffatt, E. Nelson, Pethtel, L. Phillips, R. Phillips, Reynolds, Rohrbach, Skinner, R. Smith and Sponaugle.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 283) passed.

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

S. B. 283 - “A Bill to amend and reenact §31A-4-40 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31A-8-12d of said code, all relating to state banking institutions; removing restrictions on closure of banks on weekdays; removing requirement of a board resolution and legal advertisement for any change in days or hours a bank office is open for business; establishing certain requirements to be met prior to changing the days or hours a bank office is open for business; and reducing time for consideration of expedited branch applications from thirty-five days to twenty-one days.”

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

S. B. 292, Relating to licenses for business of currency exchange, transportation or transmission; 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. 414), and there were--yeas 87, nays none, absent and not voting 13, with the absent and not voting being as follows:

Absent And Not Voting: Cooper, Deem, Eldridge, Foster, Guthrie, Longstreth, Moffatt, L. Phillips, R. Phillips, Reynolds, Rohrbach, Skinner and R. Smith.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 292) passed.

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

S. B. 322, Eliminating mandatory electronic recount of ballots in recounts; 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. 415), and there were--yeas 90, nays 2, absent and not voting 8, with the nays and absent and not voting being as follows:

Absent And Not Voting: Cooper, Deem, Foster, Guthrie, Moffatt, R. Phillips, Reynolds and Skinner.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 322) passed.

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

S. B. 332, Relating to administrative fees for Tax Division, Department of Revenue; 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. 416), and there were--yeas 84, nays 10, absent and not voting 6, with the nays and absent and not voting being as follows:

Nays: Folk, Frich, Gearheart, Ihle, Lynch, Marcum, McGeehan, Pushkin, Sobonya and Upson.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 332) passed.

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

Com. Sub. for S. B. 344, Relating to limitations on back and front pay and punitive damages; 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. 417), and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 344) passed.

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

Com. Sub. for S. B. 366, Creating Patient Protection and Transparency Act; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 418), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 366) passed.

Com. Sub. for S. B. 411, Creating Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act; on third reading, coming up in regular order, was read a third time.

Delegate Boggs requested to be excused from voting on the passage of Com. Sub. for S. B. 411 under the provisions of House Rule 49.

The Speaker replied that any impact on Delegate Boggs would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 419), and there were--yeas 86, nays 12, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Boggs, Byrd, Fleischauer, Guthrie, Hicks, Miley, Moore, Perdue, Rowe, Skinner, Sponaugle and Statler.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 411) 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 S. B. 436, Relating to State Athletic Commission; 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. 420), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 436) passed.

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

Com. Sub. for S. B. 436 - “A Bill to repeal §29-5A-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-5A-1, §29-5A-2, §29-5A-3, §29-5A-3a, §29-5A-5, §29-5A-6, §29-5A-8, §29-5A-17, §29-5A-19, §29-5A-20 and §29-5A-24 of said code; and to amend said code by adding thereto two new sections, designated §29-5A-1a and §29-5A-3b, all relating to the State Athletic Commission; changing composition of commission; requiring that office of commission be located on the premises of Lottery Commission office; requiring the Lottery Commission to provide administrative support; creating a State Athletic Commission fund; authorizing expenditures; paying expenses of the commission; setting payment schedule; requiring promoter to ensure attendance of appointed officials; requiring the commission to give advance notice of appointed officials; permitting alternates; prohibiting the commission from performing certain functions at events; requiring the commission to follow weight classes as adopted by the Association of Boxing Commissions; increasing certain fees; providing rule making authority; requiring the commission to follow certain unified rules for professional boxing events; requiring the commission to follow certain unified rules for mixed martial arts events; requiring the commission to follow certain rules for amateur boxing events; and requiring the commission to follow certain rules for amateur mixed martial arts events.”

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

S. B. 445, Relating to investment of RJCFA excess funds; 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. 421), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 445) passed.

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

S. B. 454, Criminalizing trademark counterfeiting; 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. 422), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 454) passed.

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

S. B. 489, Imposing statute of limitations on civil actions derived from surveying of real property; 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. 423), and there were--yeas 81, nays 17, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Anderson, Caputo, Eldridge, Fleischauer, Fluharty, Hornbuckle, Lane, Longstreth, Lynch, Manchin, Moore, Perdue, Pushkin, Reynolds, Skinner, Sponaugle and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 489) passed.

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

Com. Sub. for S. B. 366, still being in possession of the Clerk, on motion of Delegate Cowles, was taken up for further consideration.

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

Com. Sub. for S. B. 366 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-50-l, §33-50-2 and §33-50-3, all relating to the West Virginia Health Benefit Exchange; defining terms; requiring certain information be published on a website; providing online information to assist consumers in making informed decisions concerning the purchase of a qualified health plan; and authorizing rule-making.”

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

S. B. 545, Removing certain prior bank overdraft approval by director or executive officer; on third reading, coming up in regular order, was read a third time.

Delegates Hartman, E. Nelson, Shott and H. White requested to be excused from voting on the passage of S. B. 545 under the provisions of House Rule 49.

The Speaker replied that any impact on the Delegates would be as members of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 424), and there were--yeas 98, nays none, absent and not voting 2, 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 (S. B. 545) passed.

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

S. B. 574, Relating to liquor sales by distilleries and mini-distilleries; 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. 425), and there were--yeas 91, nays 8, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Arvon, Border, Fast, Ireland, Moye, Overington and Sobonya, Speaker Armstead.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 574) passed.

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

S. B. 574 - “A Bill to amend and reenact §60-3A-17 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-4-3 and §60-4-3a of said code, all relating to sales of liquor by distilleries and mini-distilleries; providing for fees; reducing percentage of price to be submitted to the alcohol beverage control commissioner; setting a maximum for market zone payments; and raising the production level allowable for mini-distilleries.”

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

S. B. 576, Prohibiting PSC jurisdiction of internet protocol-enabled service or voice over internet protocol-enabled service and certain telephone company transactions; on third reading, coming up in regular order, was read a third time.

Delegate Espinosa requested to be excused from voting on the passage of S. B. 576 under the provisions of Hose Rule 49.

The Speaker replied that any impact on Delegate Espinosa would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

Delegate Sponaugle requested to be excused from voting on the passage of S. B. 576 under the provisions of House Rule 49.

The Speaker replied that Delegate Sponaugle did have direct personal and pecuniary interest in the passage of the bill and excused the Gentleman from voting.

Delegate Tresost requested to be excused from voting on the passage of S. B. 576 under the provisions of House Rule 49.

The Speaker replied that any impact on Delegate Trescost would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 426), and there were--yeas 75, nays 23, excused from voting 1, absent and not voting 1, with the nays, excused from voting and absent and not voting being as follows:

Nays: Boggs, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Longstreth, Manchin, Marcum, Miley, Moore, Morgan, Perdue, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe and H. White.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 576) passed.

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

S. B. 578, Relating to occupational disease claims; on third reading, coming up in regular order, was read a third time.

Delegates J. Nelson and R. Smith requested to be excused from voting on the passage of S. B. 578 under the provisions of House Rule 49.

The Speaker replied that any impact on the Delegates would be as members of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.

Delegate Walters requested to be excused from voting on the passage of S. B. 578 under the provisions of House Rule 49.

The Speaker replied that Delegate Walters did exhibit direct personal or pecuniary interest therein and not as a member of a class of persons, and excused the Gentleman from voting.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 427), and there were--yeas 58, nays 39, excused from voting 1, absent and not voting 2, with the nays, excused from voting and absent and not voting being as follows:

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

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 578) passed.

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

Second ReadingCom. Sub. for S. B. 336, Eliminating Health Care Authority’s power to apply certain penalties to future rate applications; on second reading, coming up in regular order, was read a second time and ordered to 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. 19, Specifying minimum early childhood education program instruction days,

S. B. 106, Excepting professional engineer member from sanitary board when project engineer is under contract,

Com. Sub. for S. B. 170, Authorizing Bureau of Commerce promulgate legislative rules,

Com. Sub. for S. B. 182, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules,

Com. Sub. for S. B. 192, Authorizing Department of Transportation promulgate legislative rules,

Com. Sub. for S. B. 199, Authorizing miscellaneous agencies and boards promulgate legislative rules,

Com. Sub. for S. B. 243, Relating to school nutrition standards during state of emergency or preparedness,

Com. Sub. for S. B. 284, Relating to chief law-enforcement officer's requirement to certify transfer or making of certain firearms,

Com. Sub. for S. B. 342, Clarifying scope, application and requirements for error corrections by CPRB,

Com. Sub. for S. B. 352, Expanding scope of cooperative associations to goods and services including recycling,

S. B. 360, Repealing code sections relating to book indexes and claims reports required by court clerks,

Com. Sub. for S. B. 390, Authorizing PSC approve expedited cost recovery of natural gas utility infrastructure projects,

Com. Sub. for S. B. 409, Establishing Fair and Open Competition in Governmental Construction Act,

Com. Sub. for S. B. 430, Permitting mutual orders enjoining certain contact between parties to domestic relations actions,

S. B. 481, Relating to municipal policemen's and firemen's pension and relief funds' investment,

S. B. 483, Clarifying continuing election of municipal policemen's and firemen's pension and relief funds’ trustees,

Com. Sub. for S. B. 488, Reestablishing and modifying Broadband Deployment Council,

S. B. 514, Relating to investments of local policemen's and firemen's pension and relief funds,

S. B. 515, Allowing Municipal Pensions Oversight Board invest funds with Investment Management Board or Board of Treasury Investments,

S. B. 518, Permitting county and municipal economic development authorities invest certain funds,

S. B. 549, Establishing classifications and salary schedules for State Police forensic lab civilian employees,

S. B. 580, Relating to statute of limitations on health care injury claims for minors,

S. B. 583, Increasing tax rate on providers of certain nursing facility services,

Com. Sub. for H. B. 2016, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution.

At 3:41 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 6:00 p.m.

Delegate Arvon, from the committee of conference on matters of disagreement between the two houses, as to

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

Your committee of conference on the disagreeing votes of the two houses as to the amendments of the Senate to Engrossed House Bill No. 2576 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:

That both houses recede from their respective positions as to amendments of the Senate striking out everything after the enacting section and inserting new language, and agree to the same as follows:

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS ORGANIZATION OF STATE AGENCIES, BOARDS AND COMMISSIONS WITHIN DEPARTMENTS OF STATE GOVERNMENT.

§5F-2-1. Transfer and incorporation of agencies and boards; funds General provisions.

(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:

(2) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;

(3) Governor's Mansion Advisory Committee provided in article five, chapter five-a of this code;

(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;

(5) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;

(6) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;

(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;

(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;

(9) Division of Personnel provided in article six, chapter twenty-nine of this code;

(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;

(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and

(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:

(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:

(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and

(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code.

(2) Office of Miners’ Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:

(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;

(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and

(3) The West Virginia Development Office provided in article two, chapter five-b of this code;

(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;

(5) Division of Forestry provided in article one-a, chapter nineteen of this code;

(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and

(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:

(9) Division of Tourism Commission provided in article two-h, chapter five-b of this code.

(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.

(d) The Water Development Authority and the Water Development Authority Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.

(e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the office of the Governor:

(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;

(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;

(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;

(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;

(5) Oil and Gas Inspectors’ Examining Board provided in article seven, chapter twenty-two-c of this code;

(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and

(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.

(f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:

(2) Division of Culture and History provided in article one, chapter twenty-nine of this code; and

(3) Division of Rehabilitation Services provided in article ten-a, chapter eighteen of this code.

(g) The Educational Broadcasting Authority provided in article five, chapter ten of this code is part of the Department of Education and the Arts for the purposes of administrative support and liaison with the office of the Governor.

(h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:

(1) Human Rights Commission provided in article eleven, chapter five of this code;

(2) Division of Human Services provided in article two, chapter nine of this code;

(3) Bureau for Public Health provided in article one, chapter sixteen of this code;

(4) Office of Emergency Medical Services and the Emergency Medical Service Advisory Council provided in article four-c, chapter sixteen of this code;

(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;

(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;

(7) Women’s Commission provided in article twenty, chapter twenty-nine of this code; and

(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.

(i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:

(1) Adjutant General’s Department provided in article one-a, chapter fifteen of this code;

(3) Military Awards Board provided in article one-g, chapter fifteen of this code;

(4) West Virginia State Police provided in article two, chapter fifteen of this code;

(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;

(7) Division of Justice and Community Services provided in article nine-a, chapter fifteen of this code;

(9) Fire Commission provided in article three, chapter twenty-nine of this code;

(10) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code; and

(11) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code.

(j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:

(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;

(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;

(4) Insurance Commissioner provided in article two, chapter thirty-three of this code;

(5) West Virginia Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;

(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;

(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;

(8) Division of Banking provided in article two, chapter thirty-one-a of this code;

(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;

(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and

(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.

(k) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:

(1) Division of Highways provided in article two-a, chapter seventeen of this code;

(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;

(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;

(4) Driver’s Licensing Advisory Board provided in article two, chapter seventeen-b of this code;

(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;

(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and

(7) Public Port Authority provided in article sixteen-b, chapter seventeen of this code.

(l) Effective July 1, 2011, the Veterans’ Council provided in article one, chapter nine-a of this code, including all of the allied, advisory, affiliated or related entities and funds associated with it, is incorporated in and administered as a part of the Department of Veterans’ Assistance.

(a) The Legislature finds that in 1989, this chapter was enacted to provide for the reorganization of the executive branch of state government pursuant to the findings set forth under section one, article one of this chapter. This section was enacted as part of that legislation to effect the transfer of agencies and board and related entities into the various departments created within the executive branch of government. Since its initial enactment, the Legislature has amended and reenacted this section on a number of occasions, in most instances to modify the initial reorganization within the executive branch of government. The Legislature further finds that the structure of this section by which it provides an extensive list of executive agencies in a single section of the Code of West Virginia renders this section unnecessarily lengthy and complicated. The designation of a separate statute for each of the agencies and entities as they are organized in subsections (a) through (l) of this section as provided pursuant to the amendment and reenactment of this section in 2015 would reduce the unnecessary length and complexity of the statute without altering the Legislature’s intent in providing for the organization of the executive branch of state government pursuant to the original findings set forth under section one, article one of this chapter and the Legislature’s subsequent amendments and reenactments of various sections of this chapter. The Legislature therefore finds and declares that the amendment and reenactment of this section and the further amendment of the Code of West Virginia by adding thereto twelve new sections, designated sections one-a, one-b, one-c, one-d, one-e, one-f, one-g, one-h, one-i, one-j, one-k, and one-l of this article, are solely for the purpose of designating a separate statute for each of the agencies and entities as they are organized in subsections (a) through (l) of this section as provided pursuant to the amendment and reenactment of this section in 2015 and for the purpose of providing corrective descriptions of an agency and corrective code references and deleting references to agencies, boards or commissions that have been repealed. The Legislature further finds and declares that except as otherwise provided in this section, the amendment and reenactment of this section and the enactment of the new sections may not be construed to have altered or modified the application of any other provision of this code to the agencies and entities described in those sections, and that all other provisions of this code, to the extent applicable to those sections, as well as the remaining subsections of this section, shall apply in like manner to the agencies and entities described in those new sections.

(m) (b) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.

(n) (c) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.

(o) (d) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.

(p) (e) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.

The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:

(2) General Services Division provided in article four, chapter five-a of this code;

(3) Information Services and Communications Division and the Office of Technology provided in chapter five-a of this code;

(4) Purchasing Division, Surplus Property and Travel Management provided in article three, chapter five-a of this code;

(5) Division of Personnel provided in article six, chapter twenty-nine of this code;

(7) Public Land Corporation provided in article eleven, chapter five-a of this code;

(8) Fleet Management Office provided in article one, chapter five-a of this code;

(10) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;

(11) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;

(12) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;

(13) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;

(14) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;

(15) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;

(16) Prosecuting Attorneys Institute provided in article four, chapter seven of this code;

(17) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;

(18) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and

(19) Governor’s Mansion Advisory Committee provided in article five, chapter five-a of this code; and

(20) Committee for the Purchase of Commodities and Services from the Handicapped provided in article three-a, chapter five-a of this code; and

(21) Records Management and Preservation Advisory Committee provided in article eight, chapter five-a of this code; and

(22) Design-Build Board provided in article twenty-two-a, chapter five of this code.

(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:

(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code;

(B) Board of Manufactured Housing Construction and Safety Standards provided in article nine, chapter twenty-one of this code; and

(2) Office of Miners’ Health, Safety and Training provided in article one, chapter twenty-two -a of this code, which includes:

(A) Mine Inspectors’ Examining Board provided in article nine, chapter twenty-two-a of this code; and

(B) Coal Mine Safety Board of Appeals provided in article five, chapter twenty-two-aA of this code.

(3) Board of Coal Mine Health and Safety provided in article six, chapter twenty-two-a of this code, which includes:

(A) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code

(B) Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;

(D) Coal Mine Safety and Technology Task Force, provided in article eleven, chapter twenty-two-a of this code.

(4) The West Virginia Development Office provided in article two, chapter five-b of this code;

(5) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code, which includes:

(A) Whitewater Commission provided in article two, chapter twenty of this code; and

(B) Wildlife Endowment Fund Board of Trustees provided in article twenty-six, chapter twenty of this code.

(6) Division of Forestry provided in article one, chapter nineteen of this code;

(7) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and

(8) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:

(8) Division of Energy provided in article two-f, chapter five-b of this code; and

(9) Division of Tourism and Tourism Commission provided in article two, chapter five-b of this code.

The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.

The Water Development Authority and the Water Development Authority Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.

The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the Office of the Governor:

(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;

(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;

(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;

(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;

(5) Office of Oil and Gas provided in article six, chapter twenty-two of this code; and

(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code;

(2) Division of Culture and History provided in article one, chapter twenty-nine of this code; and

(3) Division of Rehabilitation Services provided in article ten-a, chapter eighteen of this code.

The Educational Broadcasting Authority provided in article five, chapter ten of this code is part of the Department of Education and the Arts for the purposes of administrative support and liaison with the Office of the Governor.

(1) Human Rights Commission provided in article eleven, chapter five of this code;

(2) Division of Human Services provided in article two, chapter nine of this code;

(3) Bureau for Public Health provided in article one, chapter sixteen of this code;

(4) Office of Emergency Medical Services and the Emergency Medical Service Advisory Council provided in article four-c, chapter sixteen of this code;

(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;

(6) State Commission on Intellectual Disability provided in article fifteen, chapter twenty-nine of this code;

(7) Women’s Commission provided in article twenty, chapter twenty-nine of this code; and

(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.

(1) Adjutant General’s Department provided in article one-a, chapter fifteen of this code;

(3) Military Awards Board provided in article one-g, chapter fifteen of this code;

(4) West Virginia State Police provided in article two, chapter fifteen of this code;

(6) Division of Justice and Community Services provided in article nine-a, chapter fifteen of this code;

(8) Fire Commission provided in article three, chapter twenty-nine of this code;

(9) Division of Juvenile Services provided in article five-e, chapter fourty-nine of this code;

(10) Division of Protective Services provided in article two-d, chapter fifteen of this code;

(11) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code; and

(12) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code.

(1) The State Tax Division provided in article one, chapter eleven of this code;

(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;

(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code;

(4) Insurance Commissioner provided in article two, chapter thirty-three of this code;

(5) West Virginia Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;

(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;

(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;

(8) Division of Financial Institutions provided in article two, chapter thirty-one-a of this code;

(9) The State Budget Office provided in article two, chapter eleven-b of this code;

(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;

(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and

(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this code.

(1) Division of Highways provided in article two-a, chapter seventeen of this code;

(2) Parkways Authority provided in article sixteen-a, chapter seventeen of this code;

(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;

(4) Driver’s Licensing Advisory Board provided in article two, chapter seventeen-b of this code;

(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;

(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code;

(7) Public Port Authority provided in article sixteen-b, chapter seventeen of this code; and

(8) Division of Public Transit provided in article sixteen-c, chapter seventeen of this code.

The Veterans’ Council provided in article one, chapter nine-a of this code, including all of the allied, advisory, affiliated or related entities and funds associated with it, is incorporated in and administered as a part of the Department of Veterans’ Assistance.

The question being on the passage of the bill, the yeas and nays, were taken (Roll No. 428), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:

Absent And Not Voting: Deem, Foster, Marcum, McCuskey, Moore, Morgan and R. Phillips.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2576) passed.

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

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

H. C. R. 104, Requesting the Congress of the United States invoke the Confressional Review Act,

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

In accordance with the former direction of the Speaker, the resolution (H. C. R. 104) was referred to the Committee on Rules.

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

On motion for leave, resolutions were introduced (Originating in the Committee on Agriculture and Natural Resources and reported with the recommendation that they each be adopted), which were read by their titles, as follows:

By Delegates Hamilton, A. Evans, Ambler, Romine, Eldridge, L. Phillips, Border, Cadle, Campbell, Canterbury, Rodighiero, R. Smith, Wagner and Zatezalo:

H. C. R. 132 - “Requesting the Joint Committee on Government and Finance study the economic impact of making all hunting and fishing licenses valid for a period of one year from the date issued; and requesting the Joint Committee on Children and Families study the effect of federal laws and regulations as the same relate to the requirement that an applicant submit his or her social security number when applying for a hunting license,”

Whereas, Section thirty-five, article two, chapter twenty of the Code of West Virginia provides that hunting licenses are valid through the last day of the calendar year for which they are issued unless otherwise provided by law;

Whereas, Legislation has been proposed which would provide that all hunting and fishing licenses are valid for a period of one year from the date they are issued; and

Whereas, Section one hundred and thirty-three, article eighteen, chapter forty-eight of the Code of West Virginia provides that the social security number, if any, of any applicant for a recreational license be recorded on the application for such license; therefore be it

That the Legislature hereby requests the Joint Committee on Government and Finance to study the overall economic impact of amending section thirty-five, article two, chapter twenty of the Code of West Virginia to provide that all hunting and fishing licenses are valid for a period of one year from the date they are issued; and, be it

Further resolved, That the Legislature hereby requests the Joint Committee on Government and Finance to study the effect of federal laws and regulations as the same relate to the requirement of section one hundred and thirty-three, article eighteen, chapter forty-eight of the Code of West Virginia, which provides that the social security number, if any, of any applicant for a recreational license be recorded on the application for such license; and, be it

Further resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further resolved, That the expenses necessary to conduct these studies, to prepare reports and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

By Delegates Hamilton, Evans, A., Ambler, Romine, Eldridge, Phillips, L., Border, Cadle, Campbell, Canterbury, Rodighiero, R. Smith, Wagner and Zatezalo:

H. C. R. 133 - “Requesting the Joint Committee on Government and Finance tudy the economic impact of reducing or eliminating the necessity for certain hunting, fishing and trapping licenses”.

Whereas, Residents that meet certain criteria currently do not require a license to hunt or fish, such as: a resident who is totally blind; residents who are on active duty in the armed forces of the United States of America, while on leave or furlough; resident who is a disabled veteran; resident who is certifiably developmentally disabled;

Whereas, Resident landowners and their resident children may hunt or fish on their own land without a permit or license during open seasons in accordance with laws and rules applying to hunting and fishing;

Whereas, Legislation has been proposed which would create additional exemptions from the license requirement, such as: native nonresidents, certain military personnel, and senior citizens;

Whereas, The State of West Virginia, Division of Natural Resources is responsible for providing a comprehensive program for the exploration, conservation, development, protection, enjoyment and use of the natural resources of the state;

Whereas, Revenues from the sale of hunting, fishing and trapping licenses are constitutionally dedicated for the conservation, restoration, management, educational benefit, recreational use and scientific study of the state’s fish and wildlife; and

Whereas, significant federal funding received by the State of West Virginia is dependent upon the sale of hunting, fishing and trapping licenses by the state; therefore be it

That the Legislature hereby requests the Joint Committee on Government and Finance to study the overall economic impact of loss of license revenues by the creation of additional exemptions from the license requirement on the Division of Natural Resources’ duty to utilize license revenues for the conservation, restoration, management, educational benefit, recreational use and scientific study of the state’s fish and wildlife, and its duty to seek federal funding to aid in the accomplishment those duties; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

Com. Sub. for S. B. 12, Relating to payment of separated employee's outstanding wages,

And reports the same back, with amendments, with the recommendation that they each do pass, as amended.

Delegate McCuskey, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 10^th day of March, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

(S. B. 294), Eliminating certain unnecessary, inactive or redundant councils, committees and boards,

(Com. Sub. for S. B. 351), Relating to charitable organization contribution levels requiring independent audit reports,

(Com. Sub. for S. B. 374), Permitting in absentia parole hearings in certain instances,

(Com. Sub. for S. B. No. 375), Specifying who receives parole hearing notices via regular or certified mail,

(S. B. 463), Making supplementary appropriation to DHHR, DHS, Health Care Provider Tax, Medicaid State Share Fund,

(S. B. 472), Making supplementary appropriation to DOT, DMV, Motor Vehicle Fees Fund,

(S. B. 475), Making supplementary appropriation to DMAPS, Division of Corrections, Parolee Supervision Fees, and WV State Police, Motor Vehicle Inspection Fund,

On motion for leave, resolutions were introduced (Originating in the Committee on Senior Issues and reported with the recommendation that they each be adopted), which were read by their titles, as follows:

By Delegates Rowan, Williams, Border, Campbell, Duke, Ferro, Hamilton, Kelly, Moye, Overington, Perry, Pethtel, Romine, White, Williams and Zatezalo:

H. C. R. 130 - “Requesting the Joint Committee on Government and Finance to study and review current law, procedure and public services intended to protect against senior citizen financial abuse and exploitation and to study the feasibility of developing and providing additional effective tools, resources and best practices to help protect senior citizens from financial abuse and exploitation,”

Whereas, Over sixteen percent of West Virginians are senior citizens sixty-five years of age or older and it has been projected that by 2035, the senior citizen population will constitute almost one fourth of the state’s total population ; and

Whereas, many seniors are dependent on the assistance of others for the administration of their property, income and financial assets and well-being and therefore are at a heightened risk for financial exploitation; and

Whereas, financial abuse and exploitation has become an increasing topic of concern by law enforcement as well as public agencies and service providers serving seniors in the state; and

Whereas, West Virginia already has significant laws, procedures and public services in place intended to protect seniors from financial exploitation and abuse; however, it is becoming increasingly apparent that this problem persists and is perhaps increasing and that a comprehensive review of the protections provided by current laws, procedures and public services would be beneficial to address this problem;

Whereas, additional tools and resources need to be examined and explored by this state and the Legislature to better address the problem of elder financial abuse and exploitation; therefore, be it

That the Joint Committee on Government and Finance is requested to study and review current law, procedure and public services intended to protect against senior citizen financial abuse and exploitation and to study the feasibility of developing and providing additional effective tools, resources and best practices to help protect senior citizens from financial abuse and exploitation.; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2016, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

By Delegates Rowan, Williams, Border, Campbell, Duke, Ferro, Hamilton, Kelly, Moye, Overington, Perry, Pethtel, Romine, White, Williams and Zatezalo:

H. C. R. 131 - “Requesting the Joint Committee on Government and Finance to study the issues, needs and challenges facing senior citizens in this state and to study the feasibility of developing and providing additional effective tools, resources and best practices to address the health, safety and welfare of our senior citizens.”

Whereas, West Virginia has the second largest percentage of senior population in the nation; over sixteen percent of West Virginians are senior citizens sixty-five years of age or older and it has been projected that by 2035, the senior citizen population will constitute almost one fourth of the state’s total population; and

Whereas, it is well known that many of our seniors lack adequate resources and have limited financial ability to meet their needs for increased services for the necessities of life, such as personal care, health care, housing, utilities, nutrition, transportation and mobility needs and ultimately, long term care which they need and have the decreasing ability to provide for themselves as they mature; and

Whereas, Findings from recent studies reveal several negative trends of seniors in this state: approximately forty-five percent of West Virginia seniors have a disability, compared to thirty-seven percent nationally; one in three elder state residents is in fair to poor health; for approximately one in three seniors, Social Security is the sole source of income; and relatively few of those seniors eligible take advantage of other supports like the SNAP program or utility assistance; and

Whereas, The increasing demand for current public, as well as private senior services in West Virginia already has become an increasing topic of concern by public as well as private agencies and service providers serving seniors in the state as well as various private senior advocacy groups; and

Whereas, There is an increase of children being raised in this state by senior grandparents who assume the responsibility to care for these children because of unstable parents; these seniors in many instances face difficulties or are denied the ability to attend to the child’s educational needs and may be denied other public benefits available for the child as a result of not having proper legal guardianship or custody, thereby resulting in increased physical, emotional and financial strain on these senior grandparents; and

Whereas, These senior demographic trends are going to have increasing consequences for senior citizens and their families as well as on the many state and local programs that provide senior services; and

Whereas, The Legislature finds that these emerging complex issues facing seniors today and in the immediate future in this state need to be addressed by a comprehensive study and examination; therefore, be it

That the Joint Committee on Government and Finance is requested to study the issues, needs and challenges facing senior citizens in this state and to study the feasibility of developing and providing additional effective tools, resources and best practices to address the health, safety, welfare and other concerns of our senior citizens; and, be it

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 Finance.

In accordance with the former direction of the Speaker, the bill (S. B. 386) was referred to the Committee on Finance.

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

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

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

S. B. 370, Reorganizing Governor’s Committee on Crime, Delinquency and Correction and its subcommittees,

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

In the absence of objection, reference of the bill (S. B. 370) to the Committee on Finance was abrogated.

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, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for S. B. 393) to the Committee on Finance was abrogated.

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

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

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

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

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

S. B. 63, Redefining facilities eligible for funding assistance from Courthouse Facilities Improvement Authority,

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

In accordance with the former direction of the Speaker, the bill (S. B. 63) was referred to the Committee on Finance.

Delegate Lane noted to the Clerk that he be recorded in the Journal as having voted “Nay” on the acceptance of the report of the Committee of Conference on H. B. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.

Delegate Blair noted to the Clerk that she was absent when the vote was taken on Roll No. 401, and that had she been present, she would have voted “Yea” thereon.

Delegate Guthrie announced that she was absent when the votes were taken on Roll Nos. 413-417, and that had she been present, she would have voted “Yea” thereon.

Delegate Ferro noted to the Clerk that he was absent when the vote was taken on Roll No. 411, and that had he been present, he would have voted “Yea” thereon, he also announced that he was absent on Roll Nos. 436, 445, 489 and 545 and would have voted “Yea” thereon.

Delegate Moffatt noted to the Clerk that he was absent when the votes were taken on Roll No. 401, 413, 414 and 415, and that had he been present, he would have voted “Yea” thereon. He also announced that he was absent on Roll No. 416, and would have voted “Nay” thereon.

Delegates Hicks, Lynch, McGeehan and Pethtel announced that they were absent when the vote was taken on Roll No. 413, and that had they been present, they would have voted “Yea” thereon.

Delegates Byrd, Longstreth, Moffatt, E. Nelson, L. Phillips, R. Smith and Sponaugle noted to the Clerk that they were absent when the vote was taken on Roll No. 413, and that had they been present, they would have voted “Yea” thereon.

Delegates Longstreth, Moffatt, L. Phillips and R. Smith noted to the Clerk that they were absent when the votes were taken on Roll No. 414, and that had they been present, they would have voted “Yea” thereon.

Delegate Rohrbach announced that he was absent when the votes were taken on S. B. 283 and S. B. 292, and that had he been present, he would have voted “Yea” thereon.

Delegate Ferro asked and obtained unanimous consent that all the remarks regarding S. B. 578, Relating to occupational disease claims be printed in the Appendix to the Journal.

Delegate Eldridge asked and obtained unanimous consent that the remarks of Delegate Perdue regarding Com. Sub. for S. B. 30 be printed in the Appendix to the Journal.

Delegate Hartman noted to the Clerk that he was absent on yesterday when the votes were taken on Roll Nos. 380 through 394, and had be been present he would have voted “Yea” thereon.

At 6:40 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 11, 2015.