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Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

colorseal.jpg



__________*__________



 

Friday, January 23, 2015

TENTH 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 Thursday, January 22, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Ireland, from the Committee on Energy, submitted the following report, which was received:

            Your Committee on Energy has had under consideration:

            H. B. 2004, Providing a procedure for the development of a state plan under section 111(d) of the Clean Air Act,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2004) was referred to the Committee on the Judiciary.

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

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

            H. B. 2009, Allowing State Police, police, sheriffs and fire and emergency service personnel to possess naloxone or other approved opioid antagonist, 

            And,

            H. B. 2045, Overdose Prevention Act, 

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

            In accordance with the former direction of the Speaker, the bills (H. B. 2009 and H. B. 2045) were each referred to the Committee on the Judiciary.

Messages from the Executive

            The Speaker laid before the House of Delegates the following communication from His Excellency, the Governor, as follows:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

Charleston, WV 25305

January 22, 2015

The Honorable William P. Cole III

President, West Virginia Senate

The Honorable Tim Armstead

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia

Dear President Cole and Speaker Armstead:

            My recommended FY 2016 Executive Budget, which was submitted on January 14, 2015, included retirement contributions based on the best estimates available at that time. Those estimated retirement contribution numbers have been updated and the final contribution amounts for West Virginia’s retirement systems are now available. Due to these changes in the final actuarial valuations for the Teachers’ Defined Benefit System (TRS), State Police Retirement System, and Public Employees Retirement System (PERS), various line items throughout the Budget Bill can be adjusted.

            These adjustments amount to a net decrease of $43,927,000 in the required contributions for the various retirement systems in FY 2016 for the General Revenue and Lottery Funds.

            I recommend that all of these available funds be appropriated for the Medicaid program which will reduce the appropriation in the FY 2016 budget from the Revenue Shortfall Reserve Fund by $43,927,000. This will minimize the usage of the fund and maintain a healthy reserve balance, which, among others, is a factor in the State’s bond rating.

            Therefore, pursuant to Section 51, Article VI of the Constitution of the State of West Virginia, I submit revisions to the FY 2016 Budget Bill for the TITLE II – APPROPRIATIONS as follows:

Section 1. Appropriations from general revenue.

            Funds appropriated for the Public Employees Retirement System (PERS), are adjusted in numerous line items throughout the Governor’s Recommended FY 2016 Budget Bill in General Revenue. Please see the attached spreadsheet for the adjustments relating to the January 14, 2015, final actuarial estimation. The total reduction for PERS in the General Revenue Fund is $1,629,731.

Department of Education

State Board of Education - State Department of Education, Fund 0313, Fiscal Year 2016, Org 0402

(To adjust the Teachers’ Retirement Savings Realized appropriations due to the January 14, 2015, final actuarial estimation.)

●Increase “Teachers’ Retirement Savings Realized” Appropriation 09500 by $972,000.

State Board of Education - State Aid to Schools, Fund 0317, Fiscal Year 2016, Org 0402

(To adjust the State Aid Formula Teachers’ Retirement System and the Retirement Systems - Unfunded Liability appropriations due to the January 14, 2015, final actuarial estimation.)

●Decrease “Teachers’ Retirement System” Appropriation 01900 by $5,466,000

●Decrease “Retirement Systems - Unfunded Liability” Appropriation 77500 by $37,056,000.

Department of Health and Human Resources

Division of Human Services, Fund 0403, Fiscal Year 2016, Org 0511

            (To increase the appropriation for Medical Services.)

              Increase “Medical Services” Appropriation 18900 by $43,927,000

Department of Military Affairs and Public Safety

West Virginia State Police, Fund 0453, Fiscal Year 2016, Org 0612

(To adjust the appropriation due to the January 14, 2015, final actuarial estimation for State Police Plan A Retirement and State Police Plan B Retirement.)

              Decrease “Retirement Systems - Unfunded Liability” Appropriation 77500 by $723,000.

Bureau of Senior Services

Bureau of Senior Services, Fund 0420, Fiscal Year 2016, Org 0508

(To move part of the appropriation for Title XIX Waiver to the Lottery Fund.)

              Decrease “Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens” Appropriation 53900 by $24,269.

Section 3. Appropriations from other funds.

Department of Administration

Department of Administration - Office of the Secretary Employee Pension and Health Care Benefit Fund, Fund 2044, Fiscal Year 2016, Org 0201

(To adjust the appropriation to allow for the full transfer of the Teachers’ Realized Savings Realized.)

              Increase “Current Expenses” Appropriation 13000 by $972,000.

Department of Health and Human Resources

Division of Human Services - Medical Services Trust Fund, Fund 5185, Fiscal Year 2016, Org 0511

(To adjust the appropriation due to the reduced transfer from the Revenue Shortfall Reserve Fund.)

              Decrease “Medical Services” Appropriation 18900 by $43,927,000.

Department of Revenue

Office of the Secretary - Revenue Shortfall Reserve Fund, Fund 7005, Fiscal Year 2016, Org 0701

(To reduce the transfer to the Medical Services Trust Fund now funded from General Revenue.)

              Decrease “Medical Services Trust Fund - Transfer” Appropriation 51200 by $43,927,000.

Section 4. Appropriations from lottery net profits.

            Funds appropriated for the Public Employees Retirement System (PERS), are adjusted in various line items throughout the Governor’s Recommended FY 2016 Budget Bill in Lottery Net Profits. Please see the attached spreadsheet for the adjustments relating to the January 14, 2015, final actuarial estimation. The total reduction for PERS in the Lottery Fund is $24,269.

Bureau of Senior Services

Bureau of Senior Services, Lottery Senior Citizens Fund, Fund 5405, Fiscal Year 2016, Org 0508

(To adjust the appropriation for Title XIX Waiver moved from General Revenue.)

              Increase “Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens” Appropriation 53900 by $24,269.

            Thank you for your prompt attention of this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.

                                                                        Sincerely,

                                                                          Earl Ray Tomblin,

                                                                            Governor.

Resolutions Introduced

            Delegates Statler, Kurcaba, Fleischauer, Frich, Border, Pasdon, D. Evans, Summers, Pethtel, Blair, Hamrick and Pushkin offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 21 - “Requesting the Division of Highways to name the bridge on U. S. Route 19 crossing Scott’s Run, bridge number 31-19-14.98, (39.66036, -80.00463), locally known as Osage Bridge, near Osage in Monongalia County, the ‘PFC James Elwood Wickline Memorial Bridge’.”

            Whereas, James Elwood Wickline was born the son of Melvin B. and Eatal Wickline and was a life-long resident of Bethel Road in the Historic Scott's Run Area of Monongalia County, West Virginia. He was educated in Monongalia County schools, attending Osage Junior High and University Demonstration High School. Following graduation he enlisted in the Army Air Corps and became a paratrooper in the 508th Parachute Infantry Regiment serving in 1943-44 during WWII; and

            Whereas, James Elwood Wickline died on September 17, 1944, during a parachute jump, where he was buried in the Netherlands American Cemetery in Margraten; and

            Whereas, Naming the bridge on U. S. Route 19 crossing Scott's Run, bridge number 31-19-14.98, (39.66036, -80.00463), locally known as Osage Bridge, near Osage in Monongalia County, the “PFC James Elwood Wickline Memorial Bridge” is an appropriate recognition of his contributions and his supreme sacrifice to his country, state, community and Monongalia County; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge on U. S. Route 19 crossing Scott’s Run, bridge number 31-19-14.98, (39.66036, -80.00463), locally known as Osage Bridge, near Osage in Monongalia County, the “PFC James Elwood Wickline Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “PFC James Elwood Wickline Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and the surviving relatives of James Elwood Wickline.

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

            H. C. R. 22 - “Requesting the Division of Highways to build the bridge on County Route 65/03 located near Tug Valley High School in Naugatuck, Mingo County.”

            Whereas, The West Virginia Division of Highways has begun the process to build a potential bridge located on the new County 65/03 Route; and

            Whereas, The bridge is vital to the further economic development of Mingo County; and

            Whereas, The Mingo County Board of Education has taken steps to develop and improve the Tug Valley High School and its athletic facilities; and

            Whereas, These upgrades are very important and in dire need to improve the education and quality of life for all Tug Valley students; and

            Whereas, The improvements and further developments of Tug Valley High School cannot proceed without the new bridge; and

            Whereas, The students, teachers and citizens of Mingo County deserve the improvements that will stem from the new bridge; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to build the bridge located near Tug Valley High School in Naugatuck, Mingo County, West Virginia; and, be it

            Further Resolved, That time is of the essence; and, be it

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

            By Delegates Longstreth, Hamilton, Guthrie and Sponaugle:

            H. J. R. 11 - “Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; which was referred to the Committee on the Judiciary then Finance.

Bills Introduced

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

By Delegates Kurcaba, Fleischauer, Statler, Householder, Espinosa, Moffatt, Summers, Blair, Hicks, Byrd and Upson:

            H. B. 2240 - “A Bill to amend and reenact §61-2-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8B-1 and §61-8B-3 of said code, all relating to crimes against the person; providing that an act of domestic violence or sexual offense by strangling is an aggravated felony offense; and providing criminal penalties”; to the Committee on the Judiciary then Finance.

By Delegates Walters and Frich

            [By Request of the Division of Banking]:

            H. B. 2241 - “A Bill to amend and reenact §32A-2-4 and §32A-2-13 of the Code of West Virginia, 1931, as amended, all relating to licenses for the business of currency exchange, transportation or transmission; establishing an expiration date of December 31 for those licensees; and requiring licensees to provide sixty days advance notice of any change in control or change in principals”; to the Committee on Banking and Insurance then Finance.

By Delegates Longstreth, Pethtel, Ferro, Manchin, Hamilton, Perry and Sponaugle:

            H. B. 2242 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; to amend said code by adding thereto a new section, designated §33-24-15; to amend said code by adding thereto a new section, designated §33-25-15; and to amend said code by adding thereto a new section, designated §33-25A-29, all relating to requiring health insurers to reimburse ambulance service providers directly for ambulance services covered under a person's health insurance policy, plan or contract”; to the Committee on Banking and Insurance then Finance.

By Delegate Rodighiero:

            H. B. 2243 - “A Bill to amend and reenact §21-5C-3 of the Code of West Virginia, 1931, as amended, relating to minimum wage and maximum hours standards for employers”; to the Committee on Industry and Labor then Finance.

By Delegate Rodighiero:

            H. B. 2244 - “A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Public Employees Insurance Act; and providing state health care services for all active and inactive duty military personnel”; to the Committee on Banking and Insurance then Finance.

By Delegate Rodighiero:

            H. B. 2245 - “A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931, as amended, relating to salary increases for Regional Jail Authority employees of $5,000 paid over a three-year period”; to the Committee on the Judiciary then Finance.

By Delegate Rodighiero:

            H. B. 2246 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-13, relating to establishing seniority rights for public employees; defining when seniority begins; setting standards for accumulation of seniority; requiring notice of job postings; requiring registers or certified lists of eligible applicants; allowing senior employees the first right of refusal for extra duty, overtime and promotions; and determining seniority in case of absence”; to the Committee on Government Organization then Finance.

By Delegate Cowles:

            H. B. 2247 - “A Bill to amend and reenact §7-14-13 and §7-14-15 of the Code of West Virginia, 1931, as amended, all relating to prohibiting a chief deputy sheriff from engaging in certain political activities; prohibiting the solicitation of funds within a sheriff’s office; prohibiting using his or her official authority for political purposes; and prohibiting him or her from coercing anyone to contribute anything of value for political purposes”; to the Committee on the Judiciary.

By Delegate Rodighiero:

            H. B. 2248 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1, §16-43-2 and §16-43-3, all relating to ensuring patient safety; defining terms; creating an ‘acuity-based patient classification system’; directing hospitals to establish an acuity standard; establishing minimum direct-care registered nurse to patient ratios; providing additional conditions for licensing; prohibiting assignment of unlicensed personnel to perform licensed nurse functions; requiring a full-time registered nurse executive leader; providing for quality assurance; requiring appropriate orientation and competence in clinical area of assignment with documentation thereof to be maintained in personnel files; and exempting critical access hospitals”; to the Committee on Health and Human Resources then Government Organization.

By Delegate Rodighiero:

            H. B. 2249 - “A Bill to amend and reenact §11-3-2 of the Code of West Virginia, 1931, as amended, relating to requiring the assessor of each county to, within three months of a deed filing in the county clerk’s office of each county, prepare a new property tax ticket and cause the tax ticket to be mailed from the county sheriff’s office”; to the Committee on Political Subdivisions then the Judiciary.

By Delegate Rodighiero:

            H. B. 2250 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-6c, relating to allowing parents or the school to serve sweets during the holidays if the school receives parental or guardian consent”; to the Committee on Education.

By Delegate Rodighiero:

            H. B. 2251 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §61-6-26 and §61-6-27, all relating to making it a criminal offense to disturb the peace; providing examples of disturbing the peace; defining a term; and providing criminal penalties”; to the Committee on the Judiciary.

By Delegate Rodighiero:

            H. B. 2252 - “A Bill to repeal §61-3-11 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §61-2-31; and to amend and reenact §61-3-12 of said code, all relating to replacing the present crime of burglary with the crime of home invasion; providing criminal offenses of home invasion in the first, second, third and fourth degrees; and prescribing penalties”; to the Committee on the Judiciary.

By Delegate Rodighiero:

            H. B. 2253 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the reduction of state income taxes for certain state and federal retirees by increasing the exemption on retirement income in calculating the federal gross income for state personal income tax purposes”; to the Committee on Pensions and Retirement then Finance.

By Delegate Rodighiero:

            H. B. 2254 - “A Bill to amend and reenact §31-20-31 of the Code of West Virginia, 1931, as amended, relating to allowing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program only for qualified inmates sentenced to a regional jail facility and not awaiting transfer to a state correctional facility; and specifying minimum requirements for the program”; to the Committee on the Judiciary then Finance.

By Delegate Rodighiero:

            H. B. 2255 - “A Bill to amend and reenact §60A-10-12 of the Code of West Virginia, 1931, as amended, relating to the Uniform Control Substances Act; the Methamphetamine Laboratory Eradication Act; and increasing the felony criminal penalties for exposing children to methamphetamine manufacturing”; to the Committee on the Judiciary.

By Delegate Rodighiero:

            H. B. 2256 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, relating to public health; and prohibiting state funding of abortions”; to the Committee on Health and Human Resources then the Judiciary.

By Delegate Cowles:

            H. B. 2257 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-12a, relating to establishing a bill of rights for children in foster care”; to the Committee on the Judiciary.

By Delegate Cowles:

            H. B. 2258 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §44-10A-1, §44-10A-2, §44-10A-3, §44-10A-4 and §44-10A-5, all relating to the codification of a Parents’ Bill of Rights”; to the Committee on Health and Human Resources then Finance.

By Delegates Hamrick, Howell, Arvon, Ihle, Faircloth, Zatezalo, Cadle, Border, McGeehan, R. Smith and Moffatt:

            H. B. 2259 - “A Bill to amend and reenact §5-1-22 of the Code of West Virginia, 1931, as amended, relating to the Governor filling vacancies on professional boards; requiring appointments to be made within sixty days of the date the vacancy occurs; and providing that a person appointed to serve on a professional board is limited to eight years service”; to the Committee on Government Organization.

By Delegates Ellington, Householder, Arvon, Kurcaba, Stansbury, Sobonya and Summers:

            H. B. 2260 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-24, relating to managed care”; to the Committee on Health and Human Resources then Finance.

By Delegate Cowles:

            H. B. 2261 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-27, relating to requiring automated external defibrillators in public schools”; to the Committee on Education then Finance.

By Delegates Shott and Ellington:

            H. B. 2262 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5, §11-28-6, §11-28-7 and §11-28-8, all relating to establishing a procedure by which counties and municipalities may be authorized to levy a sales tax on food and beverages sold at restaurants; providing for county and municipality options; limiting the total tax to three percent; limiting a municipal tax to two percent; setting forth the procedures for counties or municipalities to use to impose the tax; requiring publication; setting forth how the collected tax may be used; setting forth apportionment of the tax between local jurisdictions; setting forth exemptions from the tax; defining terms; and providing criminal penalties”; to the Committee on Political Subdivisions then Finance.

By Delegate Cowles:

            H. B. 2263 - “A Bill to amend and reenact §49-7-26 of the Code of West Virginia, 1931, as amended, relating to the responsibilities of prosecuting attorneys when representing the Department of Health and Human Resources”; to the Committee on the Judiciary.

By Delegate Cowles:

            H. B. 2264 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-12b, relating to establishing a bill of rights for foster parents”; to the Committee on the Judiciary.

By Delegate Cowles:

            H. B. 2265 - “A Bill to amend and reenact §7-2-2 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum number of magisterial districts in a county from three to four”; to the Committee on Political Subdivisions then the Judiciary.

By Delegates Shott, Ellington and Gearheart:

            H. B. 2266 - “A Bill to repeal §44-2-2 and §44-2-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-1-14a of said code, relating to the publication requirements of the administration of estates”; to the Committee on the Judiciary then Finance.

By Delegates Walters, Householder, Butler, Canterbury, Stansbury, R. Phillips, Hamrick and Cowles:

            H. B. 2267 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-13b, relating to authorizing a county school board to adopt a policy that allows an inspirational message to be delivered by students at a student assembly; providing policy requirements; and providing purpose”; to the Committee on Education then the Judiciary.

By Delegates Hamilton, A. Evans, Lynch, Wagner, J. Nelson, Campbell, Hartman, Sponaugle, Canterbury, Williams and Ashley:

            H. B. 2268 - “A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-13V-4 of said code, all relating to removing the severance tax on timber”; to the Committee on Finance.

By Delegates Walters, R. Phillips, Storch, Ihle and Foster:

            H. B. 2269 - “A Bill to amend and reenact §22-1-3a and §22-5-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29A-3-19, all relating to requiring rules of the Department of Environmental Protection, Department of Health and Human Resources, Division of Natural Resources and Department of Commerce be no more stringent than corresponding federal laws or regulations”; to the Committee on the Judiciary.

By Delegates Overington, Walters, Rowan, Frich, Kelly, Butler, Rohrbach, R. Phillips, Sobonya, Foster and Ellington:

            H. B. 2270 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-7-17, relating to protecting academic freedom in higher education; prohibiting employment decisions concerning faculty members from being based solely on political or religious beliefs; requiring all tenure, search and hiring committee deliberations to be recorded and made available to the appropriate constituted authorities; prohibiting students from being graded on political or religious beliefs; requiring academic disciplines to welcome a diversity of approaches to unsettled questions and to provide dissenting viewpoints; providing that the uncertainty and unsettled character of all human knowledge must be respected; and providing that the obstruction of campus speakers or the civil exchange of ideas may not be tolerated”; to the Committee on Education then the Judiciary.

By Delegates Marcum, H. White, Hicks, R. Phillips, Byrd, Hartman, Fluharty, Lynch, Moye, Campbell and Perdue:

            H. B. 2271 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-40, relating to state control of county schools; giving the State Board of Education no more than five years to improve any school or school system under its control; and requiring the State Board of Education to hold a public hearing if it seeks to take control of the school or school system within three years of control being relinquished”; to the Committee on Education.

By Delegates Ellington, Householder, Arvon, Howell, Kurcaba, Stansbury, Sobonya and Summers:

            H. B. 2272 - “A Bill to repeal §16-5W-1, § 16-5W-2, §16-5W-3, §16-5W-4, §16-5W-5, §16-5W-6, §16-5W-7, and §16-5W-8, of the Code of West Virginia, 1931, as amended, and to amend and reenact §30-5-7, of said code, relating the authority of the Board of Pharmacy to maintain an official prescription paper program; and allowing pharmacy interns to administer certain immunizations”; to the Committee on Health and Human Resources then Government Organization.

By Delegate Deem:

            H. B. 2273 - “A Bill to amend and reenact §21-5A-5 of said code, relating to prevailing wages; providing for prevailing wages to be established by a commission”; to the Committee on Industry and Labor then the Judiciary.

By Delegates Hanshaw, Hamilton, A. Evans and Azinger:

            H. B. 2274 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-5a, relating to authorizing the Commissioner of Corrections to enter into mutual aid agreements”; to the Committee on the Judiciary then Finance.

By Delegates R. Phillips, H. White, Perdue, Hartman, Marcum, Moffatt, Folk, R. Smith, J. Nels23on, Sobonya and Westfall:

            H. B. 2275 - “A Bill to amend and reenact §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for littering”; to the Committee on the Judiciary.

Daily Calendar

Third Reading

            Com. Sub. for H. B. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility; 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. 6), 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: Hicks.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2025) 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. 2201, Requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards; on third reading, coming up in regular order, with amendments pending, was reported by the Clerk.

            An amendment to the bill, recommended by Delegate Ireland, was reported by the Clerk.

            Whereupon,

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

            Delegate Ireland then asked and obtained unanimous consent to offer a reformed amendment on this reading.

            On motion of Delegate Ireland, the bill was amended on page one, section eight, line eighteen, by striking out all of section eight and inserting in lieu thereof the following:

§24-2F-8. Net metering and interconnection standards.

            (a) ‘Net metering’ means measuring the difference between electricity supplied by an electric utility and electricity generated from a facility owned and operated by an electric retail customer when any portion of the electricity generated from the facility is used to offset part or all of the electric retail customer’s requirements for electricity: Provided, That this section shall not preclude an educational or religious organization customer-generator, that either owns or operates its own facility, from utilizing a net metering system in this state.

            (b) The commission shall adopt a rule requiring that all electric utilities provide a rebate or discount at fair value, to be determined by the commission, to customer-generators for any electricity generation that is delivered to the utility under a net metering arrangement.

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

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

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

            (e) The commission shall adopt a rule requiring compliance with the National Electrical Code and the Institute of the Electrical and Electronics Engineers (IEEE), and the same shall be amended, standards at all times, including having a disconnect readily accessible to the utility between the facilities of the customer generator and the electric utility.

            Delegate Folk then moved to amend the bill on page two, line three, section eight, immediately following the word “arrangement” and the period, by inserting the following:

            The commission shall assure that any net metering tariff does not create a cross-subsidization between customers within one class of service.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 7), and there were--yeas 63, nays 33, absent and not voting 4, with the nays and absent and not voting being as follows:

            Nays: Ashley, Bates, Boggs, Byrd, Cadle, Campbell, Caputo, Duke, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hornbuckle, Longstreth, Manchin, McCuskey, Miley, Moffatt, Moore, Morgan, Perdue, Pethtel, L. Phillips, Pushkin, Reynolds, Skinner, Sponaugle, Summers, Trecost, Upson, Westfall and H. White.

            Absent and Not Voting: D. Evans, Hicks, Rowe and Williams.

            So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.

            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. 8), 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: D. Evans, Hicks, Rowe and Williams.

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

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

First ReadingCom. Sub. for H. B. 2002, Predicating actions for damages upon principles of comparative fault; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Leaves of Absence

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

Miscellaneous Business

            Delegate Boggs announced that he was absent yesterday when the vote was taken on Roll No. 5, and that had he been present, he would have voted “Yea” thereon.

            Delegate L. Phillips asked and obtained unanimous consent that she be removed as a cosponsor of H. B. 2125, Requiring that mining equipment being transported or trammed underground be done by qualified personnel under supervision of a certified foreman.

Remarks by Members

            Delegate R. Smith asked and obtained unanimous consent that the remarks of Delegates Fleischauer and Guthrie regarding Com. Sub. for H. B. 2001 be printed in the Appendix to the Journal.

            At 12:12 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, January 26, 2015.

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