House Journal

__________*__________

Wednesday, January 21, 2014

EIGHTH DAY

[Mr. Speaker, Mr. Armstead, in the Chair]

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

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

            The Clerk proceeded to read the Journal of Tuesday, January 20, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            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:

            H. B. 2046, Relating to treatment for sexually transmitted diseases,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2046) was referred to the Committee on the Judiciary.

Resolutions Introduced

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

By Delegates Overington, Walters, Householder, Moffatt, Butler, Frich, Gearheart, Blair, Deem, R. Phillips and Foster:

            H. J. R. 9 – “Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section five-a, relating to taxes and fees; providing that bills imposing a tax or license fee and bills increasing the effective rate of any tax levied or fee imposed may not be enacted unless two thirds of the members of each house, present and voting, vote in the affirmative for passage; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of the proposed amendment”; to the Committee on the Judiciary then Finance.

By Delegates Overington, Walters, Householder, Kelly, Foster, Gearheart, Upson, Deem, R. Phillips, Shott and McGeehan:

            H. J. R. 10 – “Proposing an amendment to the Constitution of the State of West Virginia, amending section nine, article three thereof, relating to prohibiting the taking of private property for private use; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary.

Bills Introduced

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

By Delegates Storch, E. Nelson, Howell, Pasdon, Gearheart, Ellington, Householder, Lane, Shott, Cowles and Anderson:

            H. B. 2162 - “A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to payment of employees separated from payroll before paydays; providing that employees who provide one pay period’s notice of intention to end his or her employment be paid within the next payroll cycle; and making stylistic changes”; to the Committee on the Judiciary then Finance.

By Delegates Marcum, H. White, R. Phillips, Campbell, Lynch, Fluharty, Pushkin, Sponaugle, Pethtel, Hartman and Perdue:

            H. B. 2163 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-5c, relating to increasing salaries for school service personnel”; to the Committee on Education then Finance.

By Delegates Marcum, H. White, R. Phillips, Campbell, Pethtel, Perry, Pushkin, Lynch, Moye, Sponaugle and Perdue:

            H. B. 2164 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2c, relating to providing pay increases for teachers and counselors”; to the Committee on Education then Finance.

By Delegates Marcum, H. White, J. Nelson, R. Phillips, Lynch, Campbell, Byrd, Moye, Butler, Faircloth and Hartman:

            H. B. 2165 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-22b, relating to creating a tax credit for certain businesses with more than twenty-five employees that relocate to reclaimed mountaintop removal land; providing that the credit lasts for ten years; and providing rule-making authority”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Delegates Marcum, H. White, R. Phillips, Campbell, Fluharty, Faircloth, Lynch, Arvon, Sponaugle, J. Nelson and R. Smith:

            H. B. 2166 - “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 and §11-13DD-5, all relating to providing a tax credit to coal producers who sell coal to taxpayers who increase their consumption of West Virginia coal in this state for the purpose of increasing coal production and coal related employment in West Virginia”; to the Committee on Energy then Finance.

By Delegates Marcum, H. White, R. Phillips, Campbell, Hartman, J. Nelson, Pushkin, Lynch, Moye, Faircloth and Perdue:

            H. B. 2167 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing a $500 tax credit to volunteer firefighters”; to the Committee on Finance.

By Delegates McGeehan, Faircloth, Hamrick, Folk, Hill, Perdue, Householder, Gearheart, Storch, Ihle and Shott:

            H. B. 2168 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-1a, relating to the West Virginia National Guard; requiring an official declaration of war or an action to call forth the state militia by the United States Congress before members of the West Virginia National Guard may be released from state control to participate in active duty combat”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

By Delegate Rodighiero:

            H. B. 2169 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-7; to amend said code by adding thereto a new section, designated §5-10-22l; and to amend said code by adding thereto a new section, designated §18-7A-26w, all relating to providing cost-of-living adjustments for certain current and former public employees generally; providing a $1,000 cost- of -living adjustment to be paid in full by June 30, 2015; providing for selection of payment date by State Auditor; requiring payment of the cost-of-living adjustments upon authorization; providing for transfer and expenditure of funding appropriated to State Budget Office to spending units and county boards of education for payment of the cost-of-living adjustments; defining terms; providing for $1,000 cost-of-living adjustment to certain retirees of the Public Employees Retirement System and the State Teachers Retirement System by June 30, 2015; and providing for the pro rata distribution of the cost-of-living adjustment to certain beneficiaries”; to the Committee on Pensions and Retirement then Finance.

By Delegate Rodighiero:

            H. B. 2170 - “A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-16-27, all relating to including volunteer firefighters within the Public Employees Insurance Act and requiring the county commissions to pay either three-fourths or the full amount of premiums”; to the Committee on Banking and Insurance then Finance.

By Delegate Rodighiero:

            H. B. 2171 - “A Bill to amend and reenact §20-7-22 of the Code of West Virginia, 1931, as amended, relating to rules governing the operation of motorboats on lakes; authorizing the use of motors exceeding nine horsepower; and providing the conditions that must be met”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegate Rodighiero:

            H. B. 2172 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-8a, relating to requiring facilities providing abortions to obtain parental notification or consent in writing by the parent or by a notarized parental notification or consent form; and providing penalties”; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Rodighiero:

            H. B. 2173 - “A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Public Employees Insurance Act; and authorizing insurance to married workers without children at reduced rates”; to the Committee on Banking and Insurance then Finance.

By Delegates Marcum, H. White, R. Phillips, Hicks, Lynch, Moye, Butler, Faircloth, J. Nelson, Reynolds and Eldridge:

            H. B. 2174 - “A Bill to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing criminal incarceration penalties for the transportation of controlled substances into the state”; to the Committee on the Judiciary.

By Delegate Rodighiero:

            H. B. 2175 - “A Bill to amend and reenact §20-2-2 of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for the illegal killing, taking, or possessing of certain wildlife”; to the Committee on Agriculture and Natural Resources then the Judiciary.

By Delegates Marcum, H. White, R. Phillips, Campbell, Arvon, Hartman, J. Nelson, Reynolds, Eldridge, Moffatt and Perdue:

            H. B. 2176 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-22b, relating to creating a tax credit for certain businesses that locate within a twenty-mile radius of a Hatfield-McCoy recreation area trail head and in the same county of that trail head; establishing variable amounts of credit; providing that the credit lasts for ten years; defining a term; and providing rule-making authority”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

By Mr. Speaker, Mr. Armstead, and Delegate Miley

            [By Request of the Executive]:

            H. B. 2177 - “A Bill to repeal §15-8-1, §15-8-2, §15-8-3, §15-8-4, §15-8-5, §15-8-6, §15-8-7, §15-8-8, §15-8-9, §15-8-10, §15-8-11 and §15-8-12 of the Code of West Virginia, 1931, as amended; to repeal §16-5J-5 of said code; to repeal §16-5P-7 of said code; to repeal §16-5T-1 of said code; to repeal §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5 and §16-42-6 of said code; to repeal §18-2J-1, §18-2J-2, §18-2J-3, §18-2J-4, §18-2J-5, §18-2J-6 and §18-2J-7 of said code; to repeal §18B-1C-3 of said code; to repeal §18B-14-11 of said code; to repeal §18B-16-6 of said code; to repeal §20-2B-2a of said code; to repeal §21-3A-10 of said code; to repeal §21-3A-18 of said code; to repeal §21-3B-3 of said code; to repeal §22C-5-1, §22C-5-2, §22C-5-3, §22C-5-4, §22C-5-5, §22C-5-6, §22C-5-7 and §22C-5-8 of said code; to repeal §23-1-1a of said code; to repeal §29-12B-4 and §29-12B-5 of said code; to repeal §31-16-1, §31-16-2, §31-16-3 and §31-16-4 of said code; to repeal §33-48-2 and §33-48-3 of said code; to repeal §55-15-1, §55-15-2, §55-15-3, §55-15-4, §55-15-5 and §55-15-6 of said code; and to repeal §62-11E-1, §62-11E-2 and §62-11E-3 of said code, all relating to eliminating unnecessary, inactive, or redundant boards, councils, committees, panels, task forces and commissions; terminating the West Virginia Sheriffs’ Bureau; terminating the Clinical Laboratories Quality Assurance Advisory Board; terminating the West Virginia Council on Aging; terminating the Care Home Advisory Board; terminating the Comprehensive Behavioral Health Commission; terminating the Public and Higher Education Unified Educational Technology Strategic Plan, including the Governor’s Advisory Council for Educational Technology; terminating the West Virginia Consortium for Undergraduate Research and Engineering; terminating the Governor’s Commission on Graduate Study in Science, Technology, Engineering, and Mathematics; terminating the West Virginia Rural Health Advisory Panel; terminating the Ohio River Management Fund Advisory Board; terminating the Occupational Safety and Health Review Commission; terminating the Occupational Safety and Health Advisory Board; terminating the Environmental Assistance Resource Board; terminating the Commercial Hazardous Waste Management Facility Siting Board; terminating the Workers’ Compensation Board of Managers; terminating the State Medical Malpractice Advisory Panel; terminating the West Virginia Steel Futures Program, including the Steel Advisory Commission; terminating the West Virginia Health Insurance Plan Board; terminating the Alternative Dispute Resolution Commission; and terminating the Sexually Violent Predator Management Task Force”; to the Committee on Government Organization.

By Delegates Overington, Cadle, Butler, Householder, Faircloth, Moffatt, Kelly, Frich, R. Phillips, Rohrbach and Howell:

            H. B. 2178 - “A Bill to amend and reenact §20-2-5 and §20-2-6a of the Code of West Virginia, 1931, as amended, all relating to clarifying circumstances under which a person may possess certain firearms while afield hunting or engaging in other outdoor recreational activities”; to the Committee on the Judiciary.

By Delegates Householder, Cooper, Folk, Cadle, Upson, Moffatt, Howell, Frich, Arvon, Ihle and Hill:

            H. B. 2179 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-20, relating to providing a discount on state campground rentals for veterans”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegates Hamilton, Ferro, Ambler, Guthrie, Moye, Longstreth, L. Phillips, Sobonya, Wagner, A. Evans and Romine:

            H. B. 2180 - “A Bill to repeal §47-19-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §47-19-1, §47-19-3, §47-19-4 and §47-19-5 of said code; and to amend and reenact §60A-4-403a of said code, all relating to licenses to sell paraphernalia for use with controlled substances; terminating the Tax Commissioner's authority to issue business licenses to sell paraphernalia for use with controlled substances; revoking licenses previously issued by the Tax Commissioner; clarifying the definition of drug paraphernalia; requiring the continued retention of transaction records after the revocation of licensed authority; rule-making authority; effective date; criminal offense elements; and criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Householder, Cooper, Cadle, Upson, Moffatt, Howell, Folk, Frich, Arvon, Espinosa and Foster:

            H. B. 2181 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-3-3a, relating to providing special outdoor recreational opportunities for eligible veterans and members of the Armed Forces; limiting access to the recreational area; and authorizing rule-making”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegate Shott:

            H. B. 2182 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-9-13, relating to examination of Potomac Highlands Airport Authority accounts by Chief Inspector and Tax Commissioner; authorizing Legislative Auditor to conduct performance and financial audits of the authority; requiring authority to cooperate; prohibiting the processing of state and local payments to the authority when it does not cooperate in the conduct of the examination of the accounts, or in the performance or financial audits”; to the Committee on Government Organization then Finance.

By Delegate Rodighiero:

            H. B. 2183. - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-22, relating to salary increase for school personnel”; to the Committee on Education then Finance.

By Delegates McGeehan, Folk, J. Nelson and Householder:

            H. B. 2184 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-1-5, relating to school curricular standards and assessments; discontinuing the use of common core standards and assessments in the state”; to the Committee on Education.

By Delegates Householder, Cooper, Cadle, Upson, Moffatt, Folk, Frich, Arvon, Ihle, Hill and Fast:

            H. B. 2185 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-14a, relating to authorization for veterans vanity registration plates for motorcycles”; to the Committee on Roads and Transportation then Finance.

By Delegates Gearheart, Ambler, Canterbury, Cooper, Householder, Hamrick, R. Smith, Faircloth, Espinosa and Storch:

            H. B. 2186 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-6a, relating to auditing the Division of Highways”; to the Committee on Government Organization then Finance.

By Delegates Overington, Hanshaw, Gearheart, Frich, Sobonya, Householder, Moffatt, Kelly, Rowan, Butler and Cadle:

            H. B. 2187 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-17, relating to public buildings and encouraging public officials to prominently display the national motto on all public property, public buildings and all buildings designed, constructed and maintained with public funds from the state, a county or a municipality”; to the Committee on Government Organization then Finance.

By Delegates Gearheart, Householder, R. Smith and Storch:

            H. B. 2188 - “A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to compulsory school attendance; and providing that five unexcused occasions on which a student is tardy for school may equal one unexcused absence”; to the Committee on Education then the Judiciary.

By Delegates Gearheart, Householder and R. Smith:

            H. B. 2189 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-14a, relating to permitting counties to adopt certain ordinances relating to dogs and cats; including legislative findings; granting county commissions authority to adopt ordinances to provide for the proper restraint of dogs and the spaying and neutering of dogs and cats; including permissible ordinance provisions; authorizing penalties for violations; providing authority of humane officers; giving authority to county commissions to adopt an ordinance upon approval by referendum; and specifying applicability of ordinances to municipalities”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Gearheart, Householder, R. Smith, Faircloth and Storch:

            H. B. 2190 - “A Bill to amend and reenact §29-22B-702 of the Code of West Virginia, 1931, as amended, relating to removing limitations on advertising and promotional activities by limited video lottery retailers”; to the Committee on the Judiciary.

By Delegates Gearheart, Householder, R. Smith, Faircloth and Storch:

            H. B. 2191 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-11G-1, §62-11G-2, §62-11G-3, §62-11G-4, §62-11G-5, §62-11G-6 and §62-11G-7, all relating to creating a pilot work/incarceration prison; providing a short title; specifying offenders who are eligible to participate; establishing one work/incarceration prison; authorizing the Division of Corrections to propose rules for the operation and reporting of the work/incarceration prison; allowing a reduction in the sentence of an offender sentenced to the work/incarceration prison; providing that a serious violation of the rules result in an additional sentence; specifying a suggested appropriation; allowing the admittance of offenders from other counties; and requiring the evaluation of the work/incarceration prison”; to the Committee on the Judiciary then Finance.

By Delegates Gearheart, Cooper, Ambler, Householder, R. Smith, Faircloth, Espinosa and Storch:

            H. B. 2192 - “A Bill to amend and reenact §11-14C-2 and §11-14C-9 of the Code of West Virginia, 1931, as amended, all relating to exempting heating oil for residential use from the Motor Fuel Excise Tax”; to the Committee on Energy then Finance.

By Delegates Gearheart, Householder, R. Smith, Faircloth and Espinosa:

            H. B. 2193 - “A Bill to amend and reenact §17-16A-11 of the Code of West Virginia, 1931, as amended, relating to providing the Parkways Authority with the power to issue $500 million worth of bonds to finance the construction of the King Coal Highway once West Virginia Turnpike tolls are removed”; to the Committee on Roads and Transportation then Finance.

By Delegates Gearheart, R. Smith and Storch:

            H. B. 2194 - “A Bill to amend and reenact §18-9D-15 and §18-9D-16 of the Code of West Virginia, 1931, as amended, all relating to the School Building Authority; eliminating local participation in funding school construction projects and the associated limited funding reserve; eliminating certain regional planning activities when evaluating proposed construction projects; eliminating the requirement of a county board’s efforts in school bond issues being a consideration when evaluating proposed projects; eliminating the requirement that counties receive explanations detailing the authority’s decision concerning the funding of projects; requiring funds awarded by the School Building Authority must be consistent with the evaluation report of the School Building Authority; and declaring certain documents related to funding consideration to be public documents and available to the public upon request”; to the Committee on Education then Finance.

By Delegates Gearheart, Cooper, Householder, R. Smith, Faircloth and Espinosa:

            H. B. 2195 - “A Bill to amend and reenact §21-11-3 of the Code of West Virginia, 1931, as amended, relating to changes to the definition of electrical contractor”; to the Committee on Industry and Labor then Government Organization.

By Delegates Marcum, H. White, J. Nelson, R. Phillips, Lynch, Campbell, Pushkin, Byrd, Moye, Arvon and Hartman:

            H. B. 2196 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-14a, relating to authorizing the Division of Motor Vehicles to issue special Hatfield-McCoy Trail license plates”; to the Committee on Roads and Transportation then Finance.

By Delegates Sponaugle and Campbell:

            H. B. 2197 - “A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to removing the compensation caps entirely for secretary-clerks and case coordinators in the family court system and allowing the Administrative Director of the Supreme Court of Appeals to set the salary of those employees”; to the Committee on the Judiciary then Finance.

By Delegates Sponaugle, Perry, Pethtel and Longstreth:

            H. B. 2198 - “A Bill to amend and reenact §18-7A-13a of the Code of West Virginia, 1931, as amended, relating to permitting teachers under the State Teachers Retirement System to teach college level courses without loss of retirement annuity or benefits”; to the Committee on Pensions and Retirement then Finance.

By Delegates Hamilton, Ferro, Lynch, L. Phillips, Guthrie, Longstreth, A. Evans, Wagner, Statler, Kurcaba and Romine:

            H. B. 2199 - “A Bill to amend and reenact §33-3-33 of the Code of West Virginia, 1931, as amended, relating to the surcharge on fire and casualty insurance policies; providing that the surcharge be increased to one percent; and providing that the surcharge be used solely for volunteer fire departments”; to the Committee on Banking and Insurance then Finance.

By Delegates Shott, Lane, McCuskey, Manchin and Fleischauer:

            H. B. 2200 - “A Bill to amend and reenact chapter forty-nine of the Code of West Virginia, 1931, as amended, all relating to revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare; and removing outdated language and to comply with court rulings concerning child welfare”; to the Committee on the Judiciary then Finance.

            Delegate Rodighiero asked and obtained unanimous consent that he be added as a cosponsor of H. B. 2097, Creating the Hatfield-McCoy Regional Recreation Authority Fund.

Daily Calendar

Second Reading

            Com. Sub. for H. B. 2001, Repealing portions of the Alternative and Renewable Energy Portfolio Act; on second reading, coming up in regular order, was read a second time.

            Delegates Pushkin, Hornbuckle and Campbell moved to amend the bill on page one, line twelve, following the enacting clause, by inserting the following:

“ARTICLE 2F. ALTERNATIVE AND RENEWABLE ENERGY PORTFOLIO STUDY.

§24-2F-1. Economic Impact Study on repeal of Alternative and Renewable Energy Incentives.

            The Governor shall direct a study of the impacts of repeal of this Article by a institution administered by the West Virginia Higher Education Policy Commission, including but not limited to any state college or university, West Virginia University, or Marshall University, a review of H. B. 2001 for the purpose of preparing an Economic Impact Statement. The Economic Impact Statement shall address the effect of H. B. 2001 on the economy of the State of West Virginia including, but not limited to, the effect of the legislation on employment, job creation or reduction in the coal industry including the impact of loss of incentives to developing alternative uses of coal in power generation, and the impact on other power generating resources in this state. The statement shall include the names of those persons who participated in the drafting of the statement, including the time spent preparing the statement. The institution shall also make available a lead author of the statement or other qualified representative of the institution to discuss the statement with any committee of the House in which the legislation was referred. Any institution that produces this statement, shall conduct a follow-up study two and five years following enactment of the legislation to analyze the long term economic impacts of the legislation. It shall be the responsibility of the Speaker to obtain any requested Economic Impact Statement, which shall be based on generally accepted methodology.”

            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 object of the bill was to repeal sections of code and the amendment added a new section to the bill seeking to amend the code, therefore the amendment was not germane to the fundamental purpose of the bill.

            Delegates Caputo and Hornbuckle then moved to amend the bill on line twenty-one, following the period, by inserting the following:

Ҥ18C-1-6. Tuition and fees for state resident coal miners to receive training at state community colleges.

            (a) Any resident of this state who has been employed as a coal miner for ten years or more, and has been laid off from the industry for three or more years in the last ten year period, is eligible to receive a scholarship for tuition and fees at any accredited community and technical college in the state to be retrained in another skill or profession.

            (b) The Higher Education Policy Commission shall promulgate rules establishing eligibility and guidelines for unemployed or underemployed coal miners as defined in subsection (a) to attend any accredited community and technical college in the state for two years as a full time student or a longer period as a part time student to receive an education in a trade, technical field or other profession. The Higher Education Policy Commission may prescribe criteria for eligibility for payment of tuition and fees. The offer of scholarship is contingent upon appropriations being made by the Legislature for the express purpose of this section. A resident unemployed or underemployed coal miner deemed to be eligible pursuant to subsection (a) of this section and the rules of the Higher Education Policy Commission, may receive payment for only one certificate, associate degree, or other certificate provided at an approved accredited community and technical college pursuant to this section.

            (c) For any eligible coal miner who is participating in the PROMISE Scholarship program provided in article seven of this chapter, the rules of the Commission may pay directly to the recipient an amount equal to the amount of tuition and fees which otherwise would have been paid to the school.”

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

            To the point of order the Speaker replied, again stating that the fundamental purpose of the bill was to repeal sections of code and the amendment created a new program in another section of code, therefore the amendment was not germane to the fundamental purpose of the bill.

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

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

            Com. Sub. for H. B. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility,

            And,

            H. B. 2201, Requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards.

            At 11:45 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 22, 2015.