__________*__________

 

 

 

Tuesday, March 1, 2016

FORTY-NINTH DAY

[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

 

 

            The House of Delegates met at 9:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

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

            The Clerk proceeded to read the Journal of Monday, February 29, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Reordering of the Calendar

            Delegate Cowles announced that the Committee on Rules had transferred Com. Sub. for S. B. 597, on Third reading, Special Calendar, to the House Calendar, and H. B. 4728, on Second reading, House Calendar, to the Special Calendar.

            Delegate Cowles asked and obtained unanimous consent to be added as a cosponsor of H. B. 2704.

Committee Reports

           

            Delegate McCuskey, Chair of 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 29th day of February, 2016, 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:

(Com. Sub. for H. B. 3019), Requiring official business and records of the state and its political subdivisions be conducted in English,

(S. B. 341), Expiring funds from Insurance Commissioner, Examination Revolving Fund and Insurance Commission Fund to State Fund, General Revenue,

            (S. B. 351), Dedicating severance tax proceeds,

 

            (S. B. 449), Supplemental appropriation from State Fund, General Revenue to Department of Administration, Public Defender Services,

            (S. B. 450), Supplemental appropriation from State Fund, General Revenue to DHHR, Division of Health,

            (S. B. 451), Supplemental appropriation from State Fund, General Revenue to Department of Military Affairs,

            And,

            (S. B. 462), Reducing deposit of excess lottery proceeds into WV Infrastructure Fund.

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

            Your Committee on Finance has had under consideration:

S. B. 352, Dedicating corporation net income tax proceeds to railways,

            And,

Com. Sub. for S. B. 582, Providing refundable tax credit for motor fuel sold for use or consumed in railroad diesel locomotives,

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

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

Your Committee on the Judiciary has had under consideration:

 Com. Sub. for S. B. 13, Increasing penalties for overtaking and passing stopped school buses,

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:

Your Committee on the Judiciary has had under consideration:

 Com. Sub. for S. B. 283, Creating crime when fire is caused by operation of a clandestine drug laboratory,

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:

Your Committee on the Judiciary has had under consideration:

 S. B. 476, Relating to driving restrictions in school zones,

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:

Your Committee on the Judiciary has had under consideration:

 Com. Sub. for S. B. 274, Relating to increasing civil jurisdictional amount in magistrate courts,

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:

Your Committee on the Judiciary has had under consideration:

Com. Sub. for S. B. 254, Not allowing county park commissions to prohibit firearms in facilities,

And reports the same back with the recommendation that it do pass.

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

Your Committee on the Judiciary has had under consideration:

S. B. 379, Relating to candidate filing fees,

And reports the same back with the recommendation that it do pass.

Messages from the Executive

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on February 29, 2016, he approved S. B. 419.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 47 - “A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended, relating  to practice of medicine; rewriting licensing requirements for practice of medicine and surgery or podiatry; making exceptions; providing for unauthorized practice; requiring notice; establishing criminal penalties; making exceptions; and defining terms”; which was referred to the Committee on Health and Human Resources then Government Organization.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 287 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-3E-1, §21-3E-2, §21-3E-3, §21-3E-4, §21-3E-5, §21-3E-6, §21-3E-7, §21‑3E-8, §21-3E-9, §21-3E-10, §21-3E-11, §21-3E-12, §21-3E-13, §21-3E-14, §21-3E-15, §21-3E-16 and §21-3E-17, all relating to creating West Virginia Safer Workplaces Act; permitting employers to test employees and prospective employees for drugs and alcohol; providing a short title; defining terms; making findings; declaring public policy; clarifying exceptions to the applicability of the West Virginia Safer Workplaces Act for employers covered by other drug and alcohol testing statutes; determining a collection of samples, scheduling of tests and testing procedures; providing for ability to request split sample be tested to challenge a positive test result; establishing responsibility for cost of split sample testing; setting forth testing policy requirements; providing for disciplinary procedures; providing for sensitive employees; providing for preemption; providing protection from liability; establishing causes of action; providing exceptions; providing for confidentiality; providing for termination of employment; providing for forfeiture of certain benefits; clarifying that the drug and alcohol testing provisions of the West Virginia Safer Workplace Act cannot be used to show intoxication pursuant to section two, article four, chapter twenty-three of this code; and requiring employers to have drug and alcohol testing policies and procedures when implementing drug and alcohol testing”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 303 - “A Bill to amend and reenact §20-2-42o of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §20-2-42z; and to amend and reenact §20-2B-9 of said code, all relating to fishing licenses; and providing Class L resident five-day fishing license”; which was referred to the Committee on Government Organization.

            A message from the Senate, by

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

            Com. Sub. for S. B. 344 - “A Bill to amend and reenact §4-5-1, §4-5-2, §4-5-3, §4-5-4, §4-5-5 and §4-5-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §4-5-7 and §4-5-8, all relating to Commission on Special Investigations; clarifying composition and chairmanship of commission; redefining what constitutes a quorum for voting procedures of commission; clarifying contents of commission’s annual report; listing existing and necessary commission staff positions; defining a person’s or federal or state agency’s duty to cooperate with commission during investigations and requiring  persons and agencies to disclose information and documents to commission; establishing requirements for commission to enter into executive session; establishing procedures for conducting executive session; removing requirement that Joint Committee on Government and Finance approve expenses of commission; establishing procedure for commission retention and disposal of records; defining new felony offense of making false statement to commission; setting penalties for making false statement to commission; defining new felony offense of impersonating a commission member or staff member; setting penalties for impersonating a commission member or staff member; allowing the commission award duty weapons to certain members on retirement; and disposal of surplus weapons”; which was referred to the Committee on the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            S. B. 384 - “A Bill to amend and reenact §9-5-12 of the Code of West Virginia, 1931, as amended, relating to requiring West Virginia Bureau for Medical Services seek federal waiver to provide for exemption from the thirty-day waiting period for a tubal ligation and making stylistic changes”; which was referred to the Committee on Health and Human Resources then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 399 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2, §11-13DD-3, §11-13DD-4, §11-13DD-5, §11-13DD-6 and §11-13DD-7, all relating to creation of farm-to-food bank tax credit; defining terms; providing method for calculation of value of tax credit; limiting tax credit; providing for certification by Department of Agriculture; allowing carryover of unused tax credits for four years; providing for rulemaking; and establishing effective date of tax credit”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            S. B. 435 - “A Bill to amend and reenact §60-1-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §60-4-3b of said code; and to amend and reenact §60-8-3 of said code, all relating to permitting farm winery licensure as alternating wine proprietorships; and permitting farm wineries to provide samples and off-premises sales at separately licensed fairs and festivals”; which was referred to the Committee on Government Organization then the Judiciary.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 594 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-3-10g, relating to requiring the State Auditor to consider for payment a claim submitted by an electronically generated invoice.”

            At the respective requests of Delegate Cowles, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 594) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            S. B. 618 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15-12b, relating generally to economic development; and allowing Economic Development Authority to refinance indebtedness of certain licensed commercial whitewater outfitters”; which was referred to the Committee on Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            S. B. 626 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-24, relating to requiring the Secretary of the Department of Health and Human Resources to seek a waiver within the Supplemental Nutrition Assistance Program to allow that benefits issued under the Supplemental Nutrition Assistance Program be limited to purchases with the same or similar nutritional value as purchases allowable under the Women’s, Infant and Children Program; requiring the secretary to coordinate with appropriate state agencies in seeking the waiver; and requiring the secretary to report to the Legislative Oversight Commission on Health and Human Resources Accountability concerning progress made toward seeking the waiver by December 31, 2017”; which was referred to the Committee on Health and Human Resources.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 637 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §44-5B-1, §44-5B-2, §44-5B-3, §44-5B-4, §44-5B-5, §44-5B-6, §44-5B-7, §44-5B-8, §44-5B-9, §44-5B-10, §44-5B-11, §44-5B-12, §44-5B-13, §44-5B-14, §44-5B-15, §44-5B-16, §44-5B-17, §44-5B-18 and §44-5B-19, all relating to the West Virginia Uniform Fiduciary Access to Digital Assets Act of 2016; providing a short title; defining certain terms; setting forth to whom the article applies; providing for user direction for disclosure of assets; addressing terms of service agreements; setting forth procedure for disclosing digital assets; providing for disclosure of content of electronic communications and other digital assets of deceased users; providing for disclosure of content of electronic communications of a principal; addressing disclosure of digital assets of a principal; addressing disclosure of digital assets held in trust when the trustee is an original owner or user;  addressing disclosure of digital assets held in trust when trustee is not an original owner or user; addressing disclosure of digital assets to conservator of a protected person; setting forth fiduciary’s duties and authority; providing for custodian’s compliance and immunity; providing for uniformity of application and construction of article; addressing relation of article to electronic signatures in global and national commerce act; providing for severability of article; and setting date when article takes effect”; which was referred to the Committee on the Judiciary.

Resolutions Introduced

Delegates Miley, Mr. Speaker (Mr. Armstead), Cowles, Perdue, E. Nelson, Bates, Storch, Rowe, Hamilton, Pushkin, A. Evans, Fluharty, Romine, Pethtel, Hornbuckle and Sponaugle offered the following resolution, which was read by the Clerk as follows:

H. R. 17 - “Reaffirming the sister-state relationship between the State of West Virginia and Taiwan and affirming support for Taiwan’s meaningful participation in international organizations.”

Whereas, Taiwan shares the same values of freedom, democracy and human rights with the United States and the State of West Virginia; and

Whereas, August 4, 2016, will mark the 36th anniversary of the sister-state relationship between West Virginia and Taiwan; and

Whereas, For the past 36 years, the sister-state relationship with Taiwan has been strengthened through the efforts of the Taipei Economic and Cultural Representative Office (TECRO) resulting in better mutual understanding; and

Whereas, Taiwan is not only a friendly sister-state of West Virginia but also an important trading partner.  In 2014, West Virginia exports to Taiwan were valued at more than $48 million, making it West Virginia’s 23rd largest export market in the world; and

Whereas,  On July 29, 2015, Taiwan signed a reciprocal agreement with West Virginia to recognize driver’s licenses issued by each government, reflecting the friendship, trust, and cooperation between the two governments, which benefits both the people of Taiwan and West Virginia in terms of travel and business; and

Whereas, On January 16, 2016, Taiwan held its sixth direct presidential election and again demonstrated the strength and vitality of its democratic system, showcasing Taiwan as a beacon of democracy for Chinese communities around the world and beyond; and

Whereas, In February, a 6.4 magnitude strong earthquake caused devastation and loss of lives in southern Taiwan, and the sorrow and suffering are deeply felt and shared by the people of West Virginia; and

Whereas, The United States and 11 other countries have signed the Trans-Pacific Partnership (TPP), a 21st century trade agreement that will boost all members’ economic growth; Taiwan’s inclusion in the TPP will further strengthen bilateral economic relations and enhance the welfare of the United States and benefit all TPP members; and

Whereas, Taiwan has been proven to be a valuable contributor in a broad range of global issues and should be granted access to meaningfully participate in various international organizations including the World Health Organization, the International Civil Aviation Organization, the United Nation Framework Convention on Climate Change and the International Criminal Police Organization; therefore, be it

Resolved by the House of Delegates:

That the Legislature of the State of West Virginia reaffirms the sister-state relationship between the State of West Virginia and Taiwan, affirms support for Taiwan’s meaningful participation in international organizations and expresses its condolences towards those affected by the recent earthquake in Taiwan; and, be it

Further Resolved, That a copy of this resolution be sent to Dr. Lyushun Shen, the Representative of the Taipei Economic and Cultural Representative Office in the U.S.

            At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 17) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.

Special Calendar

Third Reading

            S. B. 558, Maintaining solvency of Unemployment Compensation Fund; on third reading, coming up in regular order, was read a third time.

Delegate Frich requested to be excused from voting on the passage of S. B. 558 under the provisions of House Rule 49.

            The Speaker replied that any impact on the Delegate 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.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 276), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Duke and Miller.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 558) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 277), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Duke and Miller.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 558) takes effect from its passage.

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

            Com. Sub. for H. B. 2665, Relating to participation in Motor Vehicle Alcohol Test and Lock Program; 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. 278), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: McGeehan and Sponaugle.

Absent and Not Voting: Duke and Miller.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2665) passed.

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

            Com. Sub. for H. B. 2849, Creating the West Virginia Sentencing 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. 279), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: McGeehan.

Absent and Not Voting: Miller and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2849) passed.

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

            Com. Sub. for H. B. 2963, Expanding the definition of kidnapping; 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. 280), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Miller.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2963) passed.

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

            Com. Sub. for H. B. 4176, Permitting the Regional Jail and Correctional Facility Authority to participate in the addiction treatment pilot program; 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. 281), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Pushkin.

Absent and Not Voting: Kelly and Miller.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4176) passed.

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

            Delegate J. Nelson asked and obtained unanimous consent to be added as a cosponsor of H. B. 4740.

            Com. Sub. for H. B. 4183, Relating generally to reporting opioid overdoses; 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. 282), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Lane and McGeehan.

Absent and Not Voting: Blackwell and Miller.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4183) passed.

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

            Com. Sub. for H. B. 4225, Relating to patriotic displays at public buildings; 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. 283), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Miller.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4225) passed.

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

            Com. Sub. for H. B. 4240, Relating to the Uniform Controlled Substances 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. 284), and there were--yeas 86, nays 12, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Fleischauer, Folk, Guthrie, Hill, Hornbuckle, Ihle, McGeehan, J. Nelson, Pushkin, Rowe, Stansbury and Upson.

Absent and Not Voting: Blair and Miller.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4240) passed.

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

            Com. Sub. for H. B. 4248, Relating to methadone regulation; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.

There being no amendments and having been engrossed, the bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 285), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Ihle, Kessinger and McGeehan.

Absent and Not Voting: Hicks, Marcum, Miller and R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4248) passed.

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

            Com. Sub. for H. B. 4271, Ending discretionary transfers to the Licensed Racetrack Modernization Fund; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.

            There being no amendments, and having been engrossed, the bill was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 286), and there were--yeas 62, nays 37, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Blackwell, Blair, Byrd, Caputo, Eldridge, Espinosa, D. Evans, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Hamilton, Hicks, Hornbuckle, Ihle, Lynch, Manchin, Marcum, McGeehan, Miley, Moore, Morgan, Perdue, Perry, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, Sponaugle, Storch, Trecost, Upson, Weld, P. White and Zatezalo.

Absent and Not Voting: Miller.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4271) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 287), and there were--yeas 75, nays 24, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Blackwell, Byrd, Caputo, Ferro, Fluharty, Guthrie, Hamilton, Hicks, Ihle, Marcum, McGeehan, Miley, Moore, Perdue, Pushkin, Rodighiero, Rowe, Skinner, Sponaugle, Storch, Trecost, Upson, Weld and P. White.

Absent and Not Voting: Miller.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4271) 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.

            Com. Sub. for H. B. 4307, Clarifying that a firearm may be carried for self defense in state parks, state forests and state recreational areas; on third reading, coming up in regular order, with an amendment pending and the further right to amend, was reported by the Clerk.

            Delegate Skinner moved to amend the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof, the following:

“§20-2-19a of the Code of West Virginia, 1931, as amended, be repealed; and that §20-2-5, §20-2-42g and §20-2-42h of said code be amended and reenacted, all to read as follows:

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-5. Unlawful methods of hunting and fishing and other unlawful acts.

Except as authorized by the director or by law, it is unlawful at any time for any person to:

(1) Shoot at any wild bird or wild animal unless it is plainly visible;

(2) Dig out, cut out, smoke out, or in any manner take or attempt to take any live wild animal or wild bird out of its den or place of refuge;

(3) Use or attempt to use any artificial light or any night vision technology, including image intensification, thermal imaging or active illumination while hunting, locating, attracting, taking, trapping or killing any wild bird or wild animal: Provided, That it is lawful to hunt or take coyote, fox, raccoon, opossum or skunk by the use of artificial light or night vision technology. Any person violating this subdivision is guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than $100 nor more than $500, and shall be confined in jail for not less than ten days nor more than one hundred days;

(4) Hunt, take, kill, wound or shoot at wild animals or wild birds from an airplane or other airborne conveyance, a drone or other unmanned aircraft, an automobile or other land conveyance, or from a motor-driven water conveyance;

(5) Use a drone or other unmanned aircraft to hunt, take or kill a wild bird or wild animal, or to use a drone or other unmanned aircraft to drive or herd any wild bird or wild animal for the purposes of hunting, trapping or killing;

(6) Take any beaver or muskrat by any means other than a trap;

(7) Catch, capture, take, hunt or kill by seine, net, bait, trap or snare or like device a bear, wild turkey, ruffed grouse, pheasant or quail;

(8) Intentionally destroy or attempt to destroy the nest or eggs of any wild bird or have in his or her possession the nest or eggs;

(9) Carry an uncased or loaded firearm in the woods of this state or in state parks, state forests, state wildlife management areas or state rail trails with the following permissible exceptions, Provided, That nothing in this subsection shall be construed as authorizing any county or municipality to limit the right of any person to possess, transfer, own, carry or transport any firearm or ammunition:

(A) A person in possession of a valid license or permit during open firearms hunting season for wild animals and nonmigratory wild birds where hunting is lawful;

(B) A person hunting or taking unprotected species of wild animals, wild birds and migratory wild birds during the open season, in the open fields, open water and open marshes of the state where hunting is lawful;

(C) A person carrying a firearm pursuant to sections six and six-a of this article; or

(D) A person carrying a firearm handgun for self-defense who is not prohibited from possessing firearms by section seven, article seven, chapter sixty-one of this code; or

(E) A person carrying a rifle or shotgun for self-defense who is not prohibited from possessing firearms under state or federal law: Provided, however, this exception does not apply to an uncased rifle or shotgun carried specifically in state park or state forest recreational facilities and marked trails within state park and/or state forest borders or on state rail trails;

 (10) Have in his or her possession a crossbow with a nocked bolt, or a rifle or shotgun with cartridges that have not been removed or a magazine that has not been detached, in or on any vehicle or conveyance, or its attachments,. For the purposes of this section, a rifle or shotgun whose magazine readily detaches is considered unloaded if the magazine is detached and no cartridges remain in the rifle or shotgun itself. Except that between five o'clock post meridian of day one and seven o'clock ante meridian, Eastern Standard Time, of the following day, any unloaded firearm or crossbow may be carried only when in a case or taken apart and securely wrapped. During the period from July 1 to September 30, inclusive, of each year, the requirements relative to carrying unloaded firearms are permissible only from eight-thirty o'clock post meridian to five o'clock ante meridian, Eastern Standard Time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the post meridian times and one hour before the ante meridian times established in this subdivision, if a person is transporting or transferring the firearms to or from a hunting site, campsite, home or other abode;

(11) Hunt, catch, take, kill, trap, injure or pursue with firearms or other implement by which wildlife may be taken, after the hour of five o'clock ante meridian on Sunday any wild animals or wild birds on private land without the written consent of the landowner. any wild animals or wild birds except when a big game season opens on a Monday, the Sunday prior to that opening day will be closed for any taking of wild animals or birds after five o'clock ante meridian on that Sunday: Provided, That traps previously and legally set may be tended after the hour of five o'clock ante meridian on Sunday and the person tending the traps may carry firearms for the purpose of humanely dispatching trapped animals. Any person violating this subdivision is guilty of a misdemeanor and, upon conviction thereof, in addition to any fines that may be imposed by this or other sections of this code, is subject to a $100 fine;

(12) Hunt, catch, take, kill, injure or pursue a wild animal or wild bird with the use of a ferret;

(13) Buy raw furs, pelts or skins of fur-bearing animals unless licensed to do so;

(14) Catch, take, kill or attempt to catch, take or kill any fish by any means other than by rod, line and hooks with natural or artificial lures: Provided, That snaring of any species of suckers, carp, fallfish and creek chubs is lawful;

(15) Employ, hire, induce or persuade, with money, things of value or by any means, any person to hunt, take, catch or kill any wild animal or wild bird except those species in which there is no closed season; or to fish for, catch, take or kill any fish, amphibian or aquatic life that is protected by rule, or the sale of which is otherwise prohibited;

(16) Hunt, catch, take, kill, capture, pursue, transport, possess or use any migratory game or nongame birds except as permitted by the Migratory Bird Treaty Act, 16 U. S. C. §703, et seq., and its regulations;

(17) Kill, take, catch, sell, transport or have in his or her possession, living or dead, any wild bird other than a game bird including the plumage, skin or body of any protected bird, irrespective of whether the bird was captured in or out of this state, except the English or European sparrow (Passer domesticus), starling (Sturnus vulgaris) and cowbird (Molothrus ater), which may be killed at any time;

(18) Use dynamite, explosives or any poison in any waters of the state for the purpose of killing or taking fish. Any person violating this subdivision is guilty of a felony and, upon conviction thereof, shall be fined not more than $500 or imprisoned for not less than six months nor more than three years, or both fined and imprisoned;

(19) Have a bow and gun, or have a gun and any arrow, in the fields or woods at the same time;

(20) Have a crossbow in the woods or fields, or use a crossbow to hunt for, take or attempt to take any wildlife except as otherwise provided in sections five-g and forty-two-w of this article;

(21) Take or attempt to take turkey, bear, elk or deer with any arrow unless the arrow is equipped with a point having at least two sharp cutting edges measuring in excess of three fourths of an inch wide;

(22) Take or attempt to take any wildlife with an arrow having an explosive head or shaft, a poisoned arrow or an arrow which would affect wildlife by any chemical action;

(23) Shoot an arrow across any public highway;

(24) Permit any dog owned or under his or her control to chase, pursue or follow the tracks of any wild animal or wild bird, day or night, between May 1 and August 15: Provided, That dogs may be trained on wild animals and wild birds, except deer and wild turkeys, and field trials may be held or conducted on the grounds or lands of the owner, or by his or her bona fide tenant, or upon the grounds or lands of another person with his or her written permission, or on public lands at any time. Nonresidents may not train dogs in this state at any time except during the legal small game hunting season. A person training dogs may not have firearms or other implements in his or her possession during the closed season on wild animals and wild birds;

(25) Conduct or participate in a trial, including a field trial, shoot-to-retrieve field trial, water race or wild hunt: Provided, That any person, group of persons, club or organization may hold a trial upon obtaining a permit pursuant to section fifty-six of this article. The person responsible for obtaining the permit shall prepare and keep an accurate record of the names and addresses of all persons participating in the trial and make the records readily available for inspection by any natural resources police officer upon request;

(26) Hunt, catch, take, kill or attempt to hunt, catch, take or kill any wild animal, wild bird or wild fowl except during open seasons;

(27) Hunting on public lands on Sunday after five o'clock ante meridian is prohibited;

(28) Hunt, catch, take, kill, trap, injure or pursue with firearms or other implement which wildlife can be taken, on private lands on Sunday after the hour of five o'clock ante meridian: Provided, That the provisions of this subdivision do not apply in any county until the county commission of the county holds an election on the question of whether the provisions of this subdivision prohibiting hunting on Sunday shall apply within the county and the voters approve the allowance of hunting on Sunday in the county. The election is determined by a vote of the resident voters of the county in which the hunting on Sunday is proposed to be authorized. The county commission of the county in which Sunday hunting is proposed shall give notice to the public of the election by publication of the notice as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication is the county in which the election is to be held. The date of the last publication of the notice shall fall on a date within the period of the fourteen consecutive days next preceding the election.

On the local option election ballot shall be printed the following:

Shall hunting on Sunday be authorized on private lands only with the consent of the land owner in ________ County?

[ ] Yes

[ ] No

(Place a cross mark in the square opposite your choice.)

Any local option election to approve or disapprove of the proposed authorization of Sunday hunting within a county shall be in accordance with procedures adopted by the commission. The local option election may be held in conjunction with a primary or general election or at a special election. Approval shall be by a majority of the voters casting votes on the question of approval or disapproval of Sunday hunting at the election.

If a majority votes against allowing Sunday hunting, an election on the issue may not be held for a period of one hundred four weeks. If a majority votes Ayes@, an election reconsidering the action may not be held for a period of five years. A local option election may thereafter be held if a written petition of qualified voters residing within the county equal to at least five percent of the number of persons who were registered to vote in the next preceding general election is received by the county commission of the county in which Sunday hunting is authorized. The petition may be in any number of counterparts. The election shall take place at the next primary or general election scheduled more than ninety days following receipt by the county commission of the petition required by this subsection: Provided, That the issue may not be placed on the ballot until all statutory notice requirements have been met. No local law or regulation providing any penalty, disability, restriction, regulation or prohibition of Sunday hunting may be enacted and the provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict with this subdivision.

Amendments to this subdivision promulgated during the 2015 2016 regular session of the Legislature shall have no effect upon the results of elections held prior to their enactment; and

(29) (28) Hunt or conduct hunts for a fee when the person is not physically present in the same location as the wildlife being hunted within West Virginia.

§20-2-42g. Class H nonresident small game hunting license.

A Class H license is a nonresident small game hunting license and entitles the licensee to hunt small game in all counties of the state, except as prohibited by rules of the Director or Natural Resources Commission and except when additional licenses, stamps or permits are required, for a period of six consecutive hunting days chosen by the licensee, excluding Sunday in counties closed to Sunday hunting. The fee for the license is $25. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.

§20-2-42h. Class J nonresident small game shooting preserve license.

A Class J license is a nonresident small game shooting preserve license and entitles the licensee to hunt small game on designated shooting preserves, except as prohibited by rules of the Director or Natural Resources Commission and except when additional licenses, stamps or permits are required, for a period of six consecutive hunting days chosen by the licensee, excluding Sunday in counties closed to Sunday hunting. The fee for the license is $10. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.”

Delegate Cowles arose to a point of order as to the germaneness of the amendment.

To the point of order the Speaker replied, stating that the amendment was not germane to the fundamental purpose of the bill.

Having been engrossed, the bill was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 288), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Moore.

Absent and Not Voting: Campbell, Foster and Miller.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4307) passed.

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

At 11:54 a.m., on motion of Delegate Cowles, the House of Delegates recessed for thirty minutes.

            Com. Sub. for H. B. 4314, Prohibiting the sale of powdered or crystalline alcohol; 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. 289), and there were--yeas 88, nays 3, absent and not voting 9, with the nays and absent and not voting being as follows:

Nays: Ihle, McGeehan and Pushkin.

Absent and Not Voting: Byrd, A. Evans, Fluharty, Guthrie, Hamilton, Hartman, Morgan, Reynolds and Statler.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4314) passed.

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

            H. B. 4428, Clarifying that optometrists may continue to exercise the same prescriptive authority which they possessed prior to hydrocodone being reclassified; on third reading, coming up in regular order, was read a third time.

Delegate Stansbury requested to be excused from voting on the passage of Com. Sub. for H. B. 4428 under the provisions of House Rule 49.

            The Speaker replied that any impact on the Delegate 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.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 290), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

Absent and Not Voting: A. Evans, Guthrie, Hamilton and Morgan.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4428) passed.

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

            Com. Sub. for H. B. 4438, Relating to the involuntary examination of individuals experiencing a psychiatric emergency or mental illness; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.

There being no amendments, the bill was ordered to engrossment and third reading.

            Having been engrossed, the bill was then read a third time.

            Delegate Cowles asked and obtained unanimous consent that the bill be postponed one day.

            Com. Sub. for H. B. 4466, Relating to public school support; 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. 291), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4466) passed.

            Delegate Cowles moved that the bill take effect July 1, 2016.

            On this question, the yeas and nays were taken (Roll No. 292), and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:

Nays: Marcum.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4466) takes effect July 1, 2016.

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

            Com. Sub. for H. B. 4480, The Ryan Brown Addiction Treatment 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. 293), and there were--yeas 90, nays 10, absent and not voting none, with the nays being as follows:

Nays: Azinger, Blackwell, Fleischauer, Hamilton, Kessinger, McGeehan, Moore, Perry, Rowe and Skinner.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4480) passed.

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

            Com. Sub. for H. B. 4500, Oil and Gas Royalty Payment and Transparency Act of 2016;

on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.

There being no amendments, the bill was ordered to engrossment and third reading.

            Having been engrossed, the bill was then read a third time.

Speaker Pro Tempore Anderson in the Chair

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on questions related to Com. Sub. for H. B. 4500 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that any impact on Mr. Armstead would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse him from voting.

Delegate Howell requested to be excused from voting on the passage of Com. Sub. for H. B. 4500 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that any impact on the Delegate 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

Mr. Speaker, Mr. Armstead, in the Chair

Delegate Fast requested to be excused from voting on the passage of Com. Sub. for H. B. 4500 under the provisions of House Rule 49.

            The Speaker replied that any impact on the Delegate 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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 294), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Azinger, Ihle and McGeehan.

Absent and Not Voting: Trecost.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4500) passed.

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

            Com. Sub. for H. B. 4507, Providing an employer may grant preference in hiring to a veteran or disabled veteran; on third reading, coming up in regular order, was read a third time.

Delegates J. Nelson and Upson requested to be excused from voting on the passage of Com. Sub. for H. B. 4507 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. 295), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4507) passed.

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

            Com. Sub. for H. B. 4517, Limiting the ability of an agent under a power of attorney to take self-benefiting actions; 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. 296), and there were--yeas 89, nays 11, absent and not voting none, with the nays being as follows:

Nays: Arvon, Azinger, Fast, Howell, Ihle, Marcum, McGeehan, J. Nelson, Rodighiero, Shaffer and Wagner.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4517) passed.

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

            Com. Sub. for H. B. 4542, Allowing persons with property within rural fire protection districts to opt out of fire protection coverage; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.

There being no amendments, the bill was ordered to engrossment and third reading.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 297), and there were--yeas 94, nays 6, absent and not voting none, with the nays being as follows:

Nays: Caputo, Eldridge, Foster, Kelly, Manchin and Skinner.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4542) passed.

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

            Com. Sub. for H. B. 4561, Creating a special hiring process for West Virginia Division of Highways employees; 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. 298), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: P. Smith.

Absent and Not Voting: Kelly.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4561) passed.

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

            Com. Sub. for H. B. 4566, Relating to school personnel; 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. 299), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

Absent and Not Voting: Kelly.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4566) passed.

            Delegate Cowles moved that the bill take effect July 1, 2016.

            On this question, the yeas and nays were taken (Roll No. 300), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Marcum and Moye.

Absent and Not Voting: Kelly.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4566) takes effect July 1, 2016.

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

            Com. Sub. for H. B. 4575, Creating criminal offenses relating to money laundering; 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. 301), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: McGeehan.

Absent and Not Voting: Kelly.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4575) passed.

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

            Com. Sub. for H. B. 4576, Increasing the penalties for transporting controlled substances into the state; on third reading, coming up in regular order, was read a third time.

            Delegate Perdue asked unanimous consent that the bill be recommitted to the Committee on the Judiciary, which consent was not given, objections being heard.

            Delegate Perdue moved that the bill be recommitted to the Committee on the Judiciary.

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

            The yeas and nays having been ordered, they were taken (Roll No. 302), and there were--yeas 45, nays 55, absent and not voting none, with the yeas being as follows:

Yeas: Anderson, Bates, Blackwell, Blair, Boggs, Border, Byrd, Campbell, Caputo, Cowles, Eldridge, D. Evans, Faircloth, Ferro, Flanigan, Fleischauer, Fluharty, Folk, Guthrie, Hamilton, Hartman, Hornbuckle, Ihle, Lane, Longstreth, Lynch, Manchin, McGeehan, Miley, Miller, Moore, Morgan, Moye, J. Nelson, Perdue, Perry, Pethtel, Pushkin, Reynolds, Rowe, Skinner, Sponaugle, Trecost, Upson and P. White.

            So, a majority of the members present and voting not having voted in the affirmative, the motion to recommit the bill to the Committee on the Judiciary was rejected.

            Delegate Caputo moved to table the bill.

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

            The yeas and nays having been ordered, they were taken (Roll No. 303), and there were--yeas 59, nays 40, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Speaker Armstead, Ambler, Arvon, Azinger, Butler, Cooper, Cowles, Deem, Duke, Ellington, Espinosa, Fast, Foster, Frich, Gearheart, Hamrick, Hanshaw, Howell, Kelly, Kessinger, Kurcaba, Marcum, McCuskey, O'Neal, Overington, Phillips, Rohrbach, Rowan, Shott, P. Smith, R. Smith, Sobonya, Stansbury, Wagner, Walters, Waxman, Weld, Westfall, B. White and Zatezalo.

Absent and Not Voting: Cadle.

            So, a majority of the members present and voting having voted in the affirmative, the motion to table Com. Sub. for H. B. 4576 prevailed.

            Com. Sub. for H. B. 4577, Creating an additional penalty for use of a firearm in furtherance of a drug offense; 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. 304), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Foster, Ihle and McGeehan.

Absent and Not Voting: Rowe.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4577) passed.

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

            H. B. 4578, Creating a criminal offense of conspiracy to violate the drug laws; 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. 305), and there were--yeas 85, nays 15, absent and not voting 0, with the nays being as follows:

Nays: Flanigan, Fleischauer, Fluharty, Guthrie, Hill, Hornbuckle, Ihle, Lane, McGeehan, Moffatt, Pushkin, Rowe, Sponaugle, Stansbury and Upson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4578) passed.

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

            Com. Sub. for H. B. 4608, Requiring the State Auditor to consider for payment a claim submitted by an electronically generated invoice; on third reading, coming up in regular order, with the right to amend, was, on motion of Delegate Cowles, postponed one day.

At 3:58 p.m., on motion of Delegate Cowles, the House of Delegates recessed for thirty minutes.

            Com. Sub. for H. B. 4625, Redirecting certain racing and gaming revenues from greyhound development funds to the State Road Fund; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.

There being no amendments, the bill was ordered to engrossment and third reading.

Delegate Byrd asked unanimous that the bill be recommitted to the Committee on Finance, which consent was not given, objection being heard.

Delegate Byrd moved to recommit the bill to the Committee on Finance.

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

The yeas and nays having been ordered, they were taken (Roll No. 306), and there were--yeas 36, nays 63, absent and not voting 1, with the yeas and absent and not voting being as follows:

Yeas: Bates, Blackwell, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, McGeehan, Miley, Moore, Morgan, Moye, Perdue, Perry, Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Storch, Trecost, Weld and P. White.

Absent and Not Voting: Deem.

So, a majority of the members present and voting not having voted in the affirmative, the motion to recommit the bill to the Committee on Finance was rejected.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 307), and there were--yeas 61, nays 36, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: Blackwell, Byrd, Caputo, Eldridge, Espinosa, D. Evans, Faircloth, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hartman, Hicks, Householder, Lynch, Manchin, McGeehan, Moore, Morgan, J. Nelson, Perdue, Perry, Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, Sponaugle, Storch, Trecost, Upson, Weld, P. White and Zatezalo.

Absent and Not Voting: Deem, Hornbuckle and R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4625) passed.

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

            Com. Sub. for H. B. 4633, Requiring the Division of Juvenile Services to transfer to a correctional facility or regional jail any juvenile in its custody that has been transferred to adult jurisdiction of the circuit court and who reaches his or her eighteenth birthday; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.

There being no amendments, the bill was ordered to engrossment and third reading.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 308), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Pushkin.

Absent and Not Voting: Deem and Hornbuckle.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4633) passed.

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

            H. B. 4644, Relating to jury fees; 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. 309), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Marcum.

Absent and Not Voting: Deem and Hornbuckle.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4644) passed.

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

            H. B. 4654, Relating to the Executive Secretary of the Board of Registered Professional Nurses; on third reading, coming up in regular order, was read a third time.

Delegate Campbell requested to be excused from voting on the passage of H. B. 4654 under the provisions of House Rule 49.

            The Speaker replied that any impact on the Delegate 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.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 310), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Cadle and Marcum.

Absent and Not Voting: Deem and Hornbuckle.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4654) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 311), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Cadle.

Absent and Not Voting: Deem and Hornbuckle.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4654) takes effect from its passage.

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

            H. B. 4655, Prohibiting insurers, vision care plan or vision care discount plans from requiring vision care providers to provide discounts on noncovered services or materials; 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. 312), and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Fleischauer, Folk, Ihle, Marcum, McGeehan and Shaffer.

Absent and Not Voting: Deem and Hornbuckle.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4655) passed.

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

H. B. 4655 - “A Bill to amend and reenact §33-25E-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-25E-5; all relating to vision care insurance plans; defining terms; prohibiting plans from requiring vision care providers to provide discounts on noncovered services or materials; prohibiting eye care providers from charging more to enrollees for noncovered services than the normal and customary fee; providing that plans may not provide for a nominal reimbursement in order to claim that a service or material is covered; prohibiting plans from falsely representing benefits provided to sell coverage or communicate benefits to enrollees; prohibiting the requirement that eye care providers be credentialed through a designated vision plan; providing pay parity for optometrist and ophthalmologists; providing that optometrist and ophthalmologist be held to the same credentialing standards; prohibiting eye care providers from being required to accept all plan and discount plans offered by plans in order to be on a panel for the plan; prohibits the plans from changing the terms of an agreement with an eye care provider without communication with and agreement from the eye care provider; permitting eye care providers to use any lab or supplier and notification of contract changes; creating a private right of action for eye care providers; placing limits on charge backs of administrative fees and other recoupments; providing that a plan may not discriminate against a provider based on geographic location of the eye care provider; and authorizing suits for injunctions by persons aggrieved or by Insurance Commissioner and recovery of monetary damages, costs and attorney’s fees.

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

            Com. Sub. for H. B. 4659, Authorizing local health departments to bill health insurance plans for services; 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. 313), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

Absent and Not Voting: Deem and Hornbuckle.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4659) passed.

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

            Com. Sub. for H. B. 4660, Relating to the information required to be included in support of an application to the Public Service Commission for a certificate of convenience and necessity for a water, sewer and/or stormwater service project; 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. 314), and there were, including 2 paired --yeas 70, nays 27, absent and not voting 3, with the paired, nays, absent and not voting being as follows:

            Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:

Paired:

Yea:     Perdue             Nay:     J. Nelson

Nays: Boggs, Byrd, Campbell, Eldridge, Faircloth, Ferro, Fleischauer, Fluharty, Hicks, Marcum, Miley, Moore, Morgan, Moye, Perry, Phillips, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Trecost, Upson, P. White.

Absent and Not Voting: Deem, Hornbuckle and Householder.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4660) passed.

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

            Com. Sub. for H. B. 4662, Permitting the Superintendent of the State Police to collect $3 dollars from the sale of motor vehicle inspection stickers; on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.

            Delegate Ihle moved to amend the bill on page one, by striking out the sentence beginning on line seven and ending on line eleven.

            And,

            On page three, line ten, by striking out “$14” and inserting in lieu thereof “$11”.

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

            The yeas and nays having been ordered, they were taken (Roll No. 315), and there were, including 2 paired, --yeas 16, nays 80, absent and not voting 4, with the paired, yeas, absent and not voting being as follows:

            Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:

            Paired:

Yea:     J. Nelson                     Nay: Butler

Yeas: Azinger, Caputo, Eldridge, Ferro, Hicks, Householder, Ihle, Lane, Longstreth, Lynch, Marcum, McGeehan, Moore, Perdue and Trecost.

Absent and Not Voting: Blair, Deem, Hornbuckle and Upson.

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

            The bill was then ordered to engrossment and third reading.

            The question being on the passage of the bill, the yeas and nays were taken  (Roll No. 316), and there were--yeas 73, nays 22, absent and not voting 5, with the nays and absent and not voting being as follows:

Nays: Azinger, Butler, Cadle, Duke, Espinosa, Folk, Foster, Gearheart, Hill, Householder, Howell, Ihle, Kelly, Kessinger, Lynch, Marcum, McGeehan, Moffatt, Overington, Rodighiero, Sobonya and Stansbury.

Absent and Not Voting: Blair, Deem, Hornbuckle, J. Nelson and Upson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4662) passed.

            Delegate Cowles moved that the bill take effect July 1, 2016.

            On this question, the yeas and nays were taken (Roll No. 317), and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting being as follows:

Nays: Azinger, Butler, Cadle, Duke, Hill, Ihle, Lynch, Marcum, McGeehan and Stansbury.

Absent and Not Voting: Blair, Deem, Hornbuckle, J. Nelson and Upson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4662) takes effect July 1, 2016.

 

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

            Com. Sub. for H. B. 4673, Providing for a crime for the theft, damage or release of deer from private game farms; 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. 318), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:

Nays: Ihle and McGeehan.

Absent and Not Voting: Blair, Deem, Hornbuckle, J. Nelson and Upson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4673) passed.

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

            H. B. 4685, Relating to professional and occupational board members; 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. 319), and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting being as follows:

Nays: Bates, Campbell, Ferro, Fluharty, Longstreth, Manchin, Moye, Perry, Skinner and Stansbury.

Absent and Not Voting: Blair, Deem, Hornbuckle, J. Nelson and Upson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4685) passed.

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

 

            H. B. 4696, Creating the unlicensed practice review board; 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. 320), and there were--yeas 52, nays 44, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Bates, Blackwell, Blair, Boggs, Byrd, Campbell, Canterbury, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Folk, Gearheart, Guthrie, Hanshaw, Hartman, Hicks, Householder, Lane, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moore, Morgan, Moye, E. Nelson, Perdue, Pethtel, Phillips, Pushkin, Reynolds, Rodighiero, Shaffer, Skinner, Sponaugle, Summers, Upson, Wagner, Walters and P. White.

Absent and Not Voting: Deem, Hornbuckle, J. Nelson and Perry.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4696) passed.

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

            H. B. 4726, Relating to coal mining generally; 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. 321), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:

Nays: Fleischauer, Pushkin, Shaffer and Skinner.

Absent and Not Voting: Deem, Hornbuckle, J. Nelson and Perry.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4726) passed.

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

H. B. 4726 - “A Bill to repeal §22-3A-1, §22-3A-2, §22-3A-3, §22-3A-4, §22-3A-5, §22-3A-6, §22-3A-7, §22-3A-8, §22-3A-9 and §22-3A-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-4C-6c of said code; to amend and reenact §22‑1‑7 of said code; to amend and reenact §22-3-2, §22-3-4, §22-3-13, §22-3-13a, §22‑3-22a, §22-3-30a of said code; to amend said code by adding thereto six new sections, designated §22-3-34, §22-3-35, §22-3-36, §22-3-37, §22-3-38 and §22-3-39; to amend and reenact §22-11-6 of said code; to amend and reenact §22A‑1‑13, §22A-1-14, §22A-1-15, §22A-1-19, §22A-1-20, §22A-1-31 and §22A-1-35 of said code; to amend and reenact §22A-1A-2 of said code; to amend and reenact §22A-2-3, §22A-2-8, §22A-2-14, §22A-2-20, §22A-2-25, §22A-2-36, §22A-2-55, §22A-2-66 and §22A-2-77 of said code; to amend and reenact §22A-7-7 of said code, all relating generally to coal mining; making findings; eliminating the Department of Environmental Protection Office of Explosives and Blasting and consolidating the remaining duties and responsibilities related to blasting to the Department of Environmental Protection Division of Mining and Reclamation; adding blasting oversight; providing that the Department of Environmental Protection to revise rules on hydrologic protection and stormwater runoff analyses on mining operations and to promulgate rules that conform with the federal regulations requirements to minimize the disturbances to the prevailing hydrologic balance at a mine site and in associated off-site areas; providing that cumulative hydrologic impact assessment may be conducted; requiring a statement of probable hydrologic consequences and to prevent flooding; modifying certain findings, ventilation requirements, and roof or rib requirements; requiring the Department of Environmental Protection to follow deadlines for approving or denying applications for site specific water quality criteria; providing that state mine rescue teams may serve as backup mine rescue teams for mines in this state; providing that the Board of Mine Health and Safety to have the authority to propose rules for the use of diesel equipment in the state’s mines; transferring certification authority to the Director of the Office of Miners’ Health Safety and Training for mining emergency medical technicians; requiring the State Board of Appeals to allow evidence of testing procedures and test results be introduced through notarized affidavits from Medical Review Officers and testify if necessary; providing for telephonic testimony under oath; providing that the penalty for not reporting accidents in fifteen minutes to the Office of Miners’ Health, Safety and Training be modified to “up to $100,000”; providing that the Director of Office of Miners’ Health, Safety and Training shall have the authority to modify assessed penalties and penalties may be modified by the State Board of Appeals based on a vote of two Board members; providing a method incase a miners’ wireless emergency communications device fails; and allowing company input into state supervisory training and how it is scheduled during the year.”

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

            H. B. 4734, Relating to mine subsidence insurance; on third reading, coming up in regular order, was read a third time.

            Delegate Caputo asked and obtained unanimous consent to be added as a cosponsor of H. B. 4734.

Delegate Walters requested to be excused from voting on the passage of H. B. 4734 under the provisions of House Rule 49.

            The Speaker replied that any impact on the Delegate 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.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 322), and there were--yeas 91, nays 2, absent and not voting 7, with the nays and absent and not voting being as follows:

Nays: Azinger and McGeehan.

Absent and Not Voting: Campbell, Deem, Ferro, Guthrie, Hornbuckle, J. Nelson and Perry.

 

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4734) passed.

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

            H. B. 4735, Relating to the definition of health care provider, and clarifying that speech-language pathologists and audiologists are two separate providers; 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. 323), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:

Nays: Marcum.

Absent and Not Voting: Campbell, Deem, Ferro, Guthrie, Hornbuckle, J. Nelson and Perry.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4735) passed.

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

            H. B. 4739, Unclaimed Life Insurance Benefits Act; on third reading, coming up in regular order, with amendments pending and with the right to amend, was reported by the Clerk.

Delegate Sponaugle moved to amend the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §33-13D-1, §33-13D-2 and §33-13D-3, all to read as follows:

CHAPTER 33. INSURANCE.

ARTICLE 13D. UNCLAIMED LIFE INSURANCE BENEFITS ACT.

§33-13D-1.  Purpose.

            This Act shall require recognition of the escheat or unclaimed property statutes of the adopting state and require the complete and proper disclosure, transparency, and accountability relating to any method of payment for life insurance death benefits regulated by the state's insurance department.     

§33-13D-2.  Definitions.

(a) Definitions. --- For purposes of this section:

(1) The term ‘contract’ shall not include an annuity used to fund an employment-based retirement plan or program where (1) the insurer does not perform the record keeping services or (2) the insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants.

(2) ‘Death master file’ means the United States Social Security Administration’s death master file or any other database or service that is at least as comprehensive as the United States Social Security Administration’s death master file for determining that a person has reportedly died.

            (3) ‘Death master file match’ means a search of the death master file that results in a match of the a social security number or the name and date of birth of an insured, annuity owner, or retained asset account holder.

(4) ‘Knowledge of death’ shall mean (a) receipt of an original or valid copy of a certified death certificate or (b) a death master file match validated by the insurer in accordance with Section 2 of this article.

 (5) ‘Policy’ means any policy or certificate of life insurance that provides a death benefit. The term ‘policy’ shall not include any policy or certificate of life insurance that provides a death benefit under an employee benefit plan subject to The Employee Retirement Income Security Act of 1974 [29 USC 1002], as periodically amended, or  under any Federal employee benefit program, or  any policy or certificate of life insurance that is used to fund a preneed funeral contract or prearrangement, or any policy or certificate of credit life or accidental death insurance, or (iv) any policy issued to a group master policyholder for which the insurer does not provide Record Keeping services.

(6) ‘Record keeping services’ means those circumstances under which the insurer has agreed with a group policy or contract customer to be responsible for obtaining, maintaining and administering in its own or its agents' systems information about each individual insured under an Insured’s group insurance contract (or a line of coverage thereunder), at least the following information: Social Security number or name and date of birth,  beneficiary designation information,  coverage eligibility,  benefit amount, and  premium payment status.

(7) ‘Retained asset account’ means any mechanism whereby the settlement of proceeds payable under a policy or contract is accomplished by the insurer or an entity acting on behalf of the insurer depositing the proceeds into an account with check or draft writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving contract benefits other than death benefits.

§33-13D-3. Insurer Conduct. 

            (a) An insurer shall perform a comparison of its insureds’ in-force policies, contracts, and retained asset accounts against a death master file, on at least a semi-annual basis, by using the full death master file once and thereafter using the death master file update files for future comparisons to identify potential matches of its insureds. For those potential matches identified as a result of a death master file match, the insurer shall, within ninety days of a death master file match:

            (1) Complete a good faith effort, which shall be documented by the insurer, to confirm the death of the insured or retained asset account holder against other available records and information;

            (2) Determine whether benefits are due in accordance with the applicable policy or contract; and if benefits are due in accordance with the applicable policy or contract:

            (A) Use good faith efforts, which shall be documented by the insurer, to locate the beneficiary or beneficiaries; and

            (B) Provide the appropriate claims forms or instructions to the beneficiary or beneficiaries to make a claim including the need to provide an official death certificate, if applicable under the policy, contract.

            (b) With respect to group life insurance, insurers are required to confirm the possible death of an insured when the insurers maintain at least the following information of those covered under a policy or certificate: Social Security number or name and date of birth, beneficiary designation information, coverage eligibility, benefit amount, and premium payment status.

            (c)   Every insurer shall implement procedures to account for: common nicknames, initials used in lieu of a first or middle name, use of a middle name, compound first and middle names, and interchanged first and middle names; compound last names, maiden or married names, and hyphens, blank spaces or apostrophes in last names; transposition of the ‘month’ and ‘date’ portions of the date of birth; and incomplete social security number.

            (d) To the extent permitted by law, the insurer may disclose minimum necessary personal information about a person or beneficiary who the insurer reasonably believes may be able to assist the insurer in locating the beneficiary or a person otherwise entitled to payment of the claims proceeds.

            (e) An insurer or its service provider shall not charge any beneficiary or other authorized representative for any fees or costs associated with a death master file search or verification of death master File match conducted pursuant to this section.  

            (f) The benefits from a policy, contract or a retained asset account, plus any applicable accrued contractual interest shall first be payable to the designated beneficiaries or owners and in the event said beneficiaries or owners cannot be found, shall escheat to the state as unclaimed property pursuant to article eight, chapter thirty-six of this Code.  Interest payable under article thirteen, chapter thirty-three shall not be payable as unclaimed property under article eight, chapter thirty-six.

            (e)  An insurer shall notify the Treasurer upon the expiration of the statutory time period for escheat that:

            (1) A policy or contract beneficiary or retained asset account holder has not submitted a claim with the insurer; and

            (2) The insurer has complied with subsection (a) of this Section and has been unable, after good faith efforts documented by the insurer, to contact the retained asset account holder, beneficiary or beneficiaries

            (f) Upon such notice, an insurer shall immediately submit the unclaimed policy or contract benefits or unclaimed retained asset accounts, plus any applicable accrued interest, to the Treasurer.

            (g) Failure to meet any requirement of this section with such frequency as to constitute a general business practice is a violation of article eleven, chapter thirty-three. Nothing herein shall be construed to create or imply a private cause of action for a violation of this section.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 324), and there were--yeas 39, nays 54, absent and not voting 7, with the yeas and absent and not voting being as follows:

Yeas: Anderson, Atkinson, Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Faircloth, Fleischauer, Fluharty, Folk, Hamilton, Hartman, Hicks, Ihle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Pethtel, Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Summers, Trecost and P. White.

Absent and Not Voting: Deem, Ferro, Flanigan, Guthrie, Hornbuckle, J. Nelson and Perry.

 

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

            Delegate Sponaugle then moved to amend the bill on page five, section two, line forty-six, following the period, by inserting the following language:

“Further, notwithstanding any provision of the code to the contrary, the insurer’s obligation to account for and pay those proceeds to the Uniform Unclaimed Property Act, is tied to the death of the insured or the insured’s attainment of the limiting age, maturing three years thereafter, consistent with section two, article eight, chapter thirty-six of the code.”     

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

            The yeas and nays having been ordered, they were taken (Roll No. 325), and there were--yeas 33, nays 60, absent and not voting 7, with the yeas and absent and not voting being as follows:

Yeas: Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Fleischauer, Fluharty, Hamilton, Hartman, Hicks, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Pethtel, Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Trecost and P. White.

Absent and Not Voting: Deem, Ferro, Flanigan, Guthrie, Hornbuckle, J. Nelson and Perry.

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

There being no further amendments, the bill was ordered to engrossment and third reading.

The bill was then read a third time.

Delegates Faircloth, Kurcaba and Byrd requested to be excused from voting on questions regarding H. B. 4739 under the provisions of House Rule 49.

            The Speaker replied that any impact on the Delegates 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 Members from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 326), and there were--yeas 61, nays 33, absent and not voting 6, with the nays and absent and not voting being as follows:

Nays: Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Fleischauer, Fluharty, Hicks, Ihle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Summers, Trecost and P. White.

Absent and Not Voting: Deem, Ferro, Guthrie, Hornbuckle, J. Nelson and Perry.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4739) passed.

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

            H. B. 4739  - “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new article, designated §33-13D-1 and §33-13D-2, relating to the creation of the Unclaimed Life Insurance Benefits Act; providing definitions; regulating insurer conduct; requiring insurers to perform an annual comparison of its insureds’ Policies, Retained Asset Accounts and Account Owners against a Death Master File; requiring the Insurance Commissioner to promulgate rules requiring a comparison against a Death Master File to be completed on policies issued prior to 2000 if the Commissioner determines that reliable technology and data exist to make such comparison accurate and cost-effective; providing that the annual comparison of insureds’ Policies, Retained Asset Accounts and Account Owners against a Death Master File shall not apply to those accounts for which the insurer is receiving premiums from outside the policy value, by check, bank draft, payroll deduction or any other similar method of payment within eighteen months immediately preceding the Death Master File comparison; requiring reasonable steps to be taken to locate and contact beneficiaries or other authorized representatives regarding the insurer’s claims process; and authorizing the Insurance Commissioner to promulgate rules that may be reasonably necessary to implement the Unclaimed Life Insurance Benefits Act.”

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

Second Reading

            Com. Sub. for S. B. 421, Terminating behavioral health severance and business privilege tax; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate E. Nelson, the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

ARTICLE 13A. SEVERANCE AND BUSINESS PRIVILEGE TAX.

§11-13A-3. Imposition of tax or on privilege of severing coal, limestone or sandstone, or furnishing certain health care services, effective dates therefor; reduction of severance rate for coal mined by underground methods based on seam thickness.

(a) Imposition of tax. — Upon every person exercising the privilege of engaging or continuing within this state in the business of severing, extracting, reducing to possession and producing for sale, profit or commercial use coal, limestone or sandstone, or in the business of furnishing certain health care services, there is hereby levied and shall be collected from every person exercising such privilege an annual privilege tax.

(b) Rate and measure of tax. The Subject to the provisions of subsection (g) of this section, the tax imposed in subsection (a) of this section shall be five percent of the gross value of the natural resource produced or the health care service provided, as shown by the gross income derived from the sale or furnishing thereof by the producer or the provider of the health care service, except as otherwise provided in this article. In the case of coal, this five percent rate of tax includes the thirty-five one hundredths of one percent additional severance tax on coal imposed by the state for the benefit of counties and municipalities as provided in section six of this article.

(c) ‘Certain health care services’ defined. — For purposes of this section, the term ‘certain health care services’ means, and is limited to, behavioral health services.

(d) Tax in addition to other taxes. — The tax imposed by this section shall apply to all persons severing or processing, or both severing and processing, in this state natural resources enumerated in subsection (a) of this section and to all persons providing certain health care services in this state as enumerated in subsection (c) of this section and shall be in addition to all other taxes imposed by law.

(e) Effective date. — This section, as amended in 1993, shall apply to gross proceeds derived after May 31, 1993. The language of this section, as in effect on January 1, 1993, shall apply to gross proceeds derived prior to June 1, 1993 and, with respect to such gross proceeds, shall be fully and completely preserved.

(f) Reduction of severance tax rate. — For tax years beginning after the effective date of this subsection, any person exercising the privilege of engaging within this state in the business of severing coal for the purposes provided in subsection (a) of this section shall be allowed a reduced rate of tax on coal mined by underground methods in accordance with the following:

(i) (1) For coal mined by underground methods from seams with an average thickness of thirty-seven inches to forty-five inches, the tax imposed in subsection (a) of this section shall be two percent of the gross value of the coal produced. For coal mined by underground methods from seams with an average thickness of less than thirty-seven inches, the tax imposed in subsection (a) of this section shall be one percent of the gross value of the coal produced. Gross value is determined from the sale of the mined coal by the producer. This rate of tax includes the thirty-five one hundredths of one percent additional severance tax imposed by the state for the benefit of counties and municipalities as provided in section six of this article.

(ii) (2) This reduced rate of tax applies to any new underground mine producing coal after the effective date of this subsection, from seams of less than forty-five inches in average thickness or any existing mine that has not produced coal from seams forty-five inches or less in thickness in the one hundred eighty days immediately preceding the effective date of this subsection.

(iii) (3) The seam thickness shall be based on the weighted average isopach mapping of actual coal thickness by mine as certified by a professional engineer.

(g)(1) Termination, and expiration of the behavioral health severance and business privilege tax. — The tax imposed upon providers of health care services under the provisions of this article shall expire, terminate, and cease to be imposed with respect to privileges exercised on or after July 1, 2016. Expiration of the tax as provided in this subsection shall not relieve any person from payment of any tax imposed with respect to privileges exercised before the expiration date.

(2) Refunds made. — The Tax Commissioner will issue a requisition on the treasury for any amount finally, administratively or judicially determined to be an overpayment of the tax terminated under this subsection. The Auditor shall issue a warrant on the Treasurer for any refund requisitioned under this subsection payable to the taxpayer entitled to the refund, and the Treasurer shall pay the warrant out of the fund into which the amount refunded was originally paid.

ARTICLE 15. CONSUMERS SALE AND SERVICE TAX.

§11-15-9i. Exempt drugs, durable medical equipment, mobility enhancing equipment and prosthetic devices.

(a) Notwithstanding any provision of this article, article fifteen-a or article fifteen-b of this chapter, the purchase by a health care provider of drugs, durable medical equipment, mobility enhancing equipment and prosthetic devices, all as defined in section two, article fifteen-b of this chapter, to be dispensed upon prescription and intended for use in the diagnosis, cure, mitigation, treatment or prevention of injury or disease are exempt from the tax imposed by this articleProvided, That the exemption provided for the purchase by a health care provider of durable medical equipment is suspended for the period beginning on and after July 1, 2016, and continuing until June 30, 2018.  On and after July 1, 2018, the exemption is reestablished.

(b) Notwithstanding any provision of this article, article fifteen-a or article fifteen-b of this chapter, the purchase of durable medical equipment, as defined in section two, article fifteen-b of this chapter, to be dispensed upon prescription by a health care provider and intended for use in the diagnosis, cure, mitigation, treatment or prevention of injury or disease is exempt from the tax imposed by this article: Provided, That the durable medical equipment is purchased by an individual for exclusive use by the purchaser or another individual and used predominantly by the recipient individual in his or her home environment.

(1) Effective Dates. — The provisions of this subsection shall apply to purchases made on and after July 1, 2016.

(2) Per se exemption. — The exemption set forth by this subsection shall be given without the necessity of an exemption certificate, direct pay permit or refund or credit request.

(c) Definitions. — The following definitions shall apply:

(1) For purposes of this section, ‘used predominantly by the recipient individual in his or her home environment’, with reference to durable medical equipment, means that the equipment is sold to an individual for use by the individual purchaser or by another individual at home, regardless of where the individual resides. For purposes of this definition, the term ‘home’ means and includes facilities such as nursing homes, assisted care centers and school dormitories, of which a user or purchaser is a resident. A purchase of such equipment shall not be disqualified from the exemption because the equipment is incidentally used on the streets, in commercial establishments, in public places and in locations other than the home, so long as use in the home is the predominant use. For purposes of this definition, the term ‘individual’ means and is limited to a single, separate human being and specifically excludes any health care provider, or provider of nursing services, personal care services, behavioral care services, residential care or assisted living care, or any entity or organization other than a human being.

(2) When the equipment is sold to a facility such as a hospital, nursing home, medical clinic, dental office, chiropractor or optician office, then this shall not constitute a use of the equipment by the recipient individual in his or her home environment. The fact that a nursing home may use the equipment only for its residents does not make the equipment exempt for home use: Provided, That nothing in this section shall be interpreted to void or abrogate lawful assertion and application of the purchases for resale exemption as it may apply to any purchaser of durable medical equipment.

 (b) (3) For purposes of this exemption section, ‘health care provider’ means any person licensed to prescribe drugs, durable medical equipment, mobility enhancing equipment and prosthetic devices intended for use in the diagnosis, cure, mitigation, treatment or prevention of injury or disease. For purposes of this section, the term ‘health care provider’ includes any hospital, medical clinic, nursing home or provider of inpatient hospital services and any provider of outpatient hospital services, physician services, nursing services, ambulance services, surgical services or veterinary services: Provided, That the amendment to this subsection enacted during the 2009 regular legislative session shall be effective on or after July 1, 2009.

(c) (4) The term ‘durable medical goods’, as used in this article, means ‘durable medical equipment’ as defined in section two, article fifteen-b of this chapter.

(5) For purposes of this section, the term ‘nursing home or facility’ means any institution, residence or place, or any part or unit thereof, however named, in this state which is advertised, offered, maintained or operated by the ownership or management, whether for a consideration or not, for the express or implied purpose of providing accommodations and care, for a period of more than twenty-four hours, for four or more persons who are ill or otherwise incapacitated and in need of extensive, ongoing nursing care due to physical or mental impairment or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation: Provided, That the care or treatment in a household, whether for compensation or not, of any person related by blood or marriage, within the degree of consanguinity of second cousin to the head of the household, or his or her spouse, may not be deemed to constitute a nursing home within the meaning of this article.

(6) For purposes of this section, the term ‘assisted care center’ means any living facility, residence or place of accommodation, however named, available for four or more residents, in this state which is advertised, offered, maintained or operated by the ownership or management, whether for a consideration or not, for the express or implied purpose of having personal assistance or supervision, or both, provided to any residents therein who are dependent upon the services of others by reason of physical or mental impairment and who may also require nursing care at a level that is not greater than limited and intermittent nursing care: Provided, That the care or treatment in a household, whether for compensation or not, of any person related by blood or marriage, within the degree of consanguinity of second cousin to the head of the household, or his or her spouse, may not be deemed to constitute an assisted living residence within the meaning of this article.

(7) For purposes of this section, the term ‘school dormitory’ means housing or a unit of housing provided primarily for students as a temporary or permanent dwelling place or abode and owned, operated or controlled by an institution of higher education, and shall be synonymous with the term ‘residence hall’.”

The bill was then ordered to third reading.

            Com. Sub. for H. B. 4035, Permitting pharmacists to furnish naloxone hydrochloride; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4046, Relating to the promulgation of rules by the Department of Administration; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4168, Creating a special motor vehicle collector license plate; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4196, Relating to abandoned antique vehicles; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4239, Relating to construction of a modern highway from Pikeville, Kentucky to Beckley, West Virginia; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4246, Changing the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4301, Relating to a framework for initiating comprehensive transformation of school leadership; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4308, Barring persons who are convicted of certain criminal offenses from acquiring property from their victims; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4345, Repealing the West Virginia Permitting and Licensing Information Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4364, Internet Privacy Protection Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4435, Authorizing the Public Service Commission to approve expedited cost recovery of electric utility coal-fired boiler modernization and improvement projects; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4486, Terminating the Behavioral Health Severance and Business Privilege Tax; on second reading, coming up in regular order, was, on motion of Delegate Cowles, postponed one day.

            Com. Sub. for H. B. 4537, Relating to the regulation of chronic pain clinics; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4586, Ensuring that the interest of protected persons, incarcerated persons and unknown owners are protected in condemnation actions filed by the Division of Highways; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4616, Permitting county commissions the option of paying the salaries of county officials and their employees on a bi-weekly basis; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4668, Raising the allowable threshold of the coal severance tax revenue fund budgeted for personal services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4724, Relating to adding a requirement for the likelihood of imminent lawless action to the prerequisites for the crime of intimidation and retaliation; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4728, Relating to schedule three controlled substances; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4736, Relating to the pawn of gift cards; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4737, Relating to increased penalties for manufacturing or transportation of a controlled substance in the presence of a minor; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4738, Relating to the offense of driving in an impaired state; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4740, Permitting that current members of the National Guard or Reserves may be excused from jury duty; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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.

Committee Reports

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

Your Committee on the Judiciary has had under consideration:

S. B. 271, Conforming definition of attest services to Uniform Accountancy Act,

And reports the same back with the recommendation that it do pass.

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

Your Committee on the Judiciary has had under consideration:

Com. Sub. for S. B. 27, Permitting county commissions hire outside attorneys for collection of taxes through courts,

And reports the same back with the recommendation that it do pass.

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

Your Committee on the Judiciary has had under consideration:

 Com. Sub. for S. B. 102, Conforming to federal Law-Enforcement Officers Safety Act,

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:

Your Committee on the Judiciary has had under consideration:

Com. Sub. for S. B. 265, Allowing library volunteers necessary access to user records.,

And reports the same back with the recommendation that it do pass.

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

Your Committee on Education has had under consideration:

S. B. 459, Requiring county board of education to pay tuition to Mountaineer Challenge Academy,

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. 459) was referred to the Committee on Finance.

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

Your Committee on Education has had under consideration:

S. B. 483, Marshall County LSIC waiver,

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

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

Your Committee on Health and Human Resources has had under consideration:

Com. Sub. for S. B. 404, Removing prohibition on billing persons for testing for HIV and sexually transmitted diseases,

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

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 404) was referred to the Committee on Finance.

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

Select Committee Reports

Delegate Ellington, Chair of the Select Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:

Your Select Committee on Prevention and Treatment of Substance Abuse has had under consideration:

S. B. 627, Permitting physician to decline prescribing controlled substance,

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 (S. B. 627) was referred to the Committee on the Judiciary.

Remarks of Members

            Delegate Pushkin asked and obtained unanimous consent that the remarks of Delegate Ihle regarding H. B. 4578 be printed in the Appendix to the Journal.

            Delegate Eldridge asked and obtained unanimous consent that the remarks of Delegate Flanigan regarding Com. Sub. for H. B. 4576 be printed in the Appendix to the Journal.

Miscellaneous Business

            Delegate Marcum announced that he was absent when the vote was on Roll No. 285, and that had he been present, he would have voted “Yea” thereon.

            Delegate Cadle informed the Clerk that his vote did not register on Roll No. 303, and noted that he intended to vote “Nay”.

            Delegate E. Nelson noted to the Clerk that he was absent when the vote was taken on Roll No. 256 and had he been present he would have voted “Yea” thereon.

            Delegate Duke noted to the Clerk that he was absent when the votes were taken on Roll Nos. 276, 277 and 278, and that had he been present, he would have voted “Yea” thereon.

Delegate Foster announced that he was absent when the vote was on Roll No. 288, and that had he been present, he would have voted “Yea” thereon.

Delegate R. Smith announced that he was absent when the vote was taken on Roll No. 285, and that had he been present,  he would have voted “Yea” thereon.

Delegate Blackwell announced that he was absent when the vote was on Roll No. 282, and that had he been present, he would have voted “Yea” thereon.

Delegate Campbell announced that she was absent when the vote was on Roll Nos. 288, and that had she been present, she would have voted “Yea” thereon.

Delegate Fluharty noted that he was absent when the vote was taken on Roll No. 289, and that had he been present, he would have voted “Yea” thereon.

Delegate Byrd noted to the Clerk that he was absent when the votes were taken on Roll No. 206, and had he been present, he would have voted “Yea” thereon; Roll Nos. 209 through 219 - “Yea”; Roll Nos. 223 through 229 - “Yea”; Roll Nos. 231 through 234 - “Yea”; Roll No. 236 - “Yea”; Roll No. 237 - “Nay”; Roll Nos. 238 through 243 - “Yea”; Roll No. 244 - “Nay”; Roll Nos. 245 through 250 - “Yea”; and Roll No. 289 - “Yea”.

Delegate Guthrie noted to the Clerk that she was absent when the vote was taken on Roll Nos. 289 and 290 and had she been present she would have voted “Yea” thereon.

Delegate Morgan noted to the Clerk that he was absent when the votes were taken on H. B. 4428 and Com. Sub. for H. B. 4314 and had he been present he would have voted “Yea” thereon.

Delegate Kelly noted to the Clerk that he was absent when the votes were taken on Roll Nos. 298 through 301 and had he been present he would have voted “Yea” thereon.

Delegate J. Nelson noted to the Clerk that he was absent when the votes were taken on Com. Sub. for H. B. 4673 and H. B. 4726 and had he been present he would have voted “Yea” thereon.

Delegate A. Evans announced that he was absent when the votes were taken on Roll Nos. 289 and 290 and had he been present he would have voted “Yea” thereon.

Delegate R. Smith noted to the Clerk that he was absent when the vote was taken on Com. Sub. for H. B. 4625 and had be been present he would have voted “Yea” thereon.

Delegate McCuskey noted to the Clerk that he was absent when the vote was taken on Roll No. 273 and had he been present he would have voted “Yea” thereon.

Delegate Householder noted to the Clerk that he was absent when the vote was taken on

Roll No. 314 and had he been present he would have voted “Nay” thereon.

Delegate Longstreth noted to the Clerk that she was absent when the vote was taken on Com. Sub. for H. B. 4279 and had she been present she would have voted “Yea” thereon.

Delegate Rowe noted to the Clerk that he was absent when the vote was taken on Roll No. 304 and had he been present she would have voted “Yea” thereon.

Delegate Fast asked and obtained unanimous consent to be removed as a cosponsor of H. B. 4438.

Delegate Eldridge asked and obtained unanimous consent to be added as a cosponsor of H. B. 4616.

            At 7:48 p.m., the House of Delegates adjourned until 9:00 a.m., Wednesday, March 2, 2016.