House Journal

__________*__________

 

Tuesday, February 10, 2015

TWENTY-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 Monday, February 9, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            H. B. 2302, Department of Administration, Purchasing Division,

            And,

            H. B. 2354, Secretary of State, procedures for recount of election results,

            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. 2302 and H. B. 2354) were each referred to the Committee on the Judiciary.

            Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            H. B. 2304, Department of Administration, state plan for the operation of the West Virginia State Agency for Surplus Property, 

            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. 2304) was referred to the Committee on the Judiciary.

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

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2343, Division of Motor Vehicles, examination and issuance of driver’s licenses,

            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. 2343) was referred to the Committee on the Judiciary.

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

            Your Committee on Roads and Transportation has had under consideration:

            H. B. 2569, Relating to the Dealer Recovery Program,

            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 (H. B. 2569) was referred to the Committee on Finance.

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

            Your Committee on Roads and Transportation has had under consideration:

            H. C. R. 28, The USMC Cpl Marple W. Landes and US Army PV2 Margel S. Landes Memorial Bridge

            H. C. R. 32, The Lipscomb Brothers Veterans Bridge,

            And,

            H. C. R. 35, The Historic Blue-Gray Highway,

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

            In accordance with the former direction of the Speaker, the resolutions (H. C. R. 28, H. C. R. 32 and H. C. R. 35) were each referred to the Committee on Rules.

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

            Your Committee on Education has had under consideration:

            H. B. 2202, Relating to more equitable disbursement of funds to county boards,

            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 (H. B. 2202) was referred to the Committee on Finance.

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

            Your Committee on Education has had under consideration:

            H. B. 2441, Reducing the liability of county boards of education for loss or injury from the use of school property made available for unorganized recreation, 

            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 Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2441) was referred to the Committee on the Judiciary.

Messages from the Executive

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on February 9, 2015, be approved S. B. 3.

Messages from the Senate

            A message from the Senate, by

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

            Com. Sub. for H. B. 2002, Predicating actions for damages upon principles of comparative fault.

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

            The following Senate amendments were reported by the Clerk:

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

            “That §55-7-13 and §55-7-24 of the Code of West Virginia, 1931, as amended, be repealed; and that said code be amended by adding thereto four new sections, designated §55-7-13a, §55-7-13b, §55-7-13c and §55-7-13d, all to read as follows:

ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-13a. Modified comparative fault standard established.

            (a) For purposes of this article, ‘comparative fault’ means the degree to which the fault of a person was a proximate cause of an alleged personal injury or death or damage to property, expressed as a percentage. Fault shall be determined according to section thirteen-c of this article.

            (b) In any action based on tort or any other legal theory seeking damages for personal injury, property damage, or wrongful death, recovery shall be predicated upon principles of comparative fault and the liability of each person, including plaintiffs, defendants and nonparties who proximately caused the damages, shall be allocated to each applicable person in direct proportion to that person's percentage of fault.

            (c) The total of the percentages of comparative fault allocated by the trier of fact with respect to a particular incident or injury must equal either zero percent or one hundred percent.

§55-7-13b. Definitions.

            As used in this article:

            ‘Compensatory damages’ means damages awarded to compensate a plaintiff for economic and noneconomic loss.

            ‘Defendant’ means, for purposes of determining an obligation to pay damages to another under this chapter, any person against whom a claim is asserted including a counter-claim defendant, cross-claim defendant or third-party defendant.

            ‘Fault’ means an act or omission of a person, which is a proximate cause of injury or death to another person or persons, damage to property, or economic injury, including, but not limited to, negligence, malpractice, strict product liability, absolute liability, liability under section two, article four, chapter twenty-three of this code or assumption of the risk.

            ‘Plaintiff’ means, for purposes of determining a right to recover under this chapter, any person asserting a claim.

§55-7-13c. Liability to be several; amount of judgment; allocation of fault.

            (a) In any action for damages, the liability of each defendant for compensatory damages shall be several only and may not be joint. Each defendant shall be liable only for the amount of compensatory damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered against each defendant for his or her share of that amount. However, joint liability may be imposed on two or more defendants who consciously conspire and deliberately pursue a common plan or design to commit a tortious act or omission. Any person held jointly liable under this section shall have a right of contribution from other defendants that acted in concert.

            (b) To determine the amount of judgment to be entered against each defendant, the court, with regard to each defendant, shall multiply the total amount of compensatory damages recoverable by the plaintiff by the percentage of each defendant's fault and, subject to subsection (d) of this section, that amount shall be the maximum recoverable against that defendant.

            (c) Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff’s fault is equal to or greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded. If the plaintiff’s fault is less than the combined fault of all other persons, the plaintiff’s recovery shall be reduced in proportion to the plaintiff’s degree of fault.

            (d) Notwithstanding subsection (b) of this section, if a plaintiff through good faith efforts is unable to collect from a liable defendant, the plaintiff may, not later than one year after judgment becomes final through lapse of time for appeal or through exhaustion of appeal, whichever occurs later, move for reallocation of any uncollectible amount among the other parties found to be liable.

            (1) Upon the filing of the motion, the court shall determine whether all or part of a defendant's proportionate share of the verdict is uncollectible from that defendant and shall reallocate the uncollectible amount among the other parties found to be liable, including a plaintiff at fault, according to their percentages at fault: Provided, That the court may not reallocate to any defendant an uncollectible amount greater than that defendant's percentage of fault multiplied by the uncollectible amount: Provided, however,, That there shall be no reallocation against a defendant whose percentage of fault is equal to or less than the plaintiff’s percentage of fault.

            (2) If the motion is filed, the parties may conduct discovery on the issue of collectibility prior to a hearing on the motion.

            (e) A party whose liability is reallocated under subsection (d) of this section is nonetheless subject to contribution and to any continuing liability to the plaintiff on the judgment.

            (f) This section does not affect, impair or abrogate any right of indemnity or contribution arising out of any contract or agreement or any right of indemnity otherwise provided by law.

            (g) The fault allocated under this section to an immune defendant or a defendant whose liability is limited by law may not be allocated to any other defendant.

            (h) Notwithstanding any other provision of this section to the contrary, a defendant that commits one or more of the followings acts or omissions shall be jointly and severally liable:

            (1) A defendant whose conduct constitutes driving a vehicle under the influence of alcohol, a controlled substance, or any other drug or any combination thereof, as described in section two, article five, chapter seventeen-c of this code, which is a proximate cause of the damages suffered by the plaintiff;

            (2) A defendant whose acts or omissions constitute criminal conduct which is a proximate cause of the damages suffered by the plaintiff; or

            (3) A defendant whose conduct constitutes an illegal disposal of hazardous waste, as described in section three, article eighteen, chapter twenty-two of this code, which conduct is a proximate cause of the damages suffered by the plaintiff.

            (i) This section does not apply to the following statutes:

            (1) Article twelve-a, chapter twenty-nine of this code;

            (2) Chapter forty-six of this code; and

            (3) Article seven-b, chapter fifty-five of this code.

§55-7-13d. Determination of fault; imputed fault; plaintiff’s involvement in felony criminal act; burden of proof; limitations; applicability; severability.

            (a) Determination of fault of parties and nonparties.

            (1) In assessing percentages of fault, the trier of fact shall consider the fault of all persons who contributed to the alleged damages regardless of whether the person was or could have been named as a party to the suit.

            (2) Fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice no later than one hundred-eight days after service of process upon said defendant that a nonparty was wholly or partially at fault. Notice shall be filed with the court and served upon all parties to the action designating the nonparty and setting forth the nonparty’s name and last-known address, or the best identification of the nonparty which is possible under the circumstances, together with a brief statement of the basis for believing such nonparty to be at fault;

            (3) In all instances where a nonparty is assessed a percentage of fault, any recovery by a plaintiff shall be reduced in proportion to the percentage of fault chargeable to such nonparty. Where a plaintiff has settled with a party or nonparty before verdict, that plaintiff’s recovery will be reduced in proportion to the percentage of fault assigned to the settling party or nonparty.

            (4) Nothing in this section is meant to eliminate or diminish any defenses or immunities, which exist as of the effective date of this section, except as expressly noted herein;

            (5) Assessments of percentages of fault for nonparties are used only as a vehicle for accurately determining the fault of named parties. Where fault is assessed against nonparties, findings of such fault do not subject any nonparty to liability in that or any other action, or may not be introduced as evidence of liability or for any other purpose in any other action; and

            (6) In all actions involving fault of more than one person, unless otherwise agreed by all parties to the action, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating the percentage of the total fault that is allocated to each party and nonparty pursuant to this article. For this purpose, the court may determine that two or more persons are to be treated as a single person.

            (b) Imputed fault. – Nothing in this section may be construed as precluding a person from being held liable for the portion of comparative fault assessed against another person who was acting as an agent or servant of such person, or if the fault of the other person is otherwise imputed or attributed to such person by statute or common law. In any action where any party seeks to impute fault to another, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, on the issue of imputed fault.

            (c) Plaintiff’s involvement in felony criminal act. – In any civil action, a defendant is not liable for damages that the plaintiff suffers as a result of the negligence or gross negligence of a defendant if such damages arise out of the plaintiff’s commission, attempt to commit or fleeing from the commission of a felony criminal act.

            (d) Burden of proof. – The burden of alleging and proving comparative fault shall be upon the person who seeks to establish such fault.

            (e) Limitations. – Nothing in this section creates a cause of action. Nothing in this section alters, in any way, the immunity of any person as established by statute or common law.

            (f) Applicability. – This section applies to all causes of action arising or accruing on or after the effective date of its enactment.

            (g) Severability. – The provisions of this section are severable from one another, so that if any provision of this section is held void, the remaining provisions of this section shall remain valid.”

            And,

            By amending the title of the bill to read as follows:

            Com. Sub. for H. B. 2002 - “A Bill to repeal §55-7-13 and §55-7-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §55-7-13a, §55-7-13b, §55-7-13c and §55-7-13d, all relating to predicating actions for damages upon principles of comparative fault; establishing the comparative fault standard; abolishing joint liability and implementing several liability; codifying the existing modified comparative fault standard related to a plaintiff’s level of fault and ability to recover; establishing a reallocation process for any uncollectible judgments; establishing how to consider the fault of nonparties; establishing how to consider the fault of, and the amounts paid by, settling parties; addressing liability of defendants when a plaintiff is injured related to commission of a felony criminal act; providing for the use of special interrogatories; clarifying fault may be imputed to another person who was acting as an agent or servant of another; providing for the burden of proof and limitations; excepting certain statutory sections related to liability from this bill’s application; and defining terms.”

            On motion of Delegate Cowles, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.

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

            A message from the Senate, by

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

            Com. Sub. for H. B. 2217, Relating to qualifications of the Commissioner of Labor.

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

            The following Senate amendments were reported by the Clerk:

            On page two, section two, lines six through twelve, by striking out “The Commissioner of Labor in office on the effective date of this section shall, unless sooner removed, continue to serve until his or her term expires and his or her successor has been appointed and has qualified. On or before April 1, 1941, and on or before April 1 of each fourth year thereafter, the Governor shall appoint a Commissioner of Labor to serve for a term of four years, commencing on April 1.”

            And,

            By amending the title of the bill to read as follows:

            Com. Sub. for H. B. 2217 - “A Bill to amend and reenact §21-1-2 of the Code of West Virginia, 1931, as amended, relating to the qualifications of the Commissioner of Labor; removing language that the commissioner be identified with the labor interests of the state and requiring that the commissioner be identified with and have knowledge and experience in employee issues and interests including employee-employer relations in this state; and removing language generally related to appointment and term of the Commissioner of Labor.”

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

            The bill, as amended by the Senate, was then put upon its passage.

            On the passage of the bill, the yeas and nays were taken (Roll No. 49), and there were--yeas 63, nays 34, absent and not voting 3, with the nays and absent and not voting being as follows:

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

            Absent and Not Voting: Moore, Wagner and Walters.

             So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2217) passed.

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

             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. 187 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing Racing Commission to promulgate a legislative rule relating to thoroughbred racing; authorizing State Tax Department to promulgate a legislative rule relating to appointment of special assessors by State Tax Commissioner; authorizing Insurance Commissioner to promulgate a legislative rule relating to recognizing annuity mortality tables for use in determining reserve liabilities for annuities; authorizing Insurance Commissioner to promulgate a legislative rule relating to annuity disclosure; authorizing Alcohol Beverage Control Commission to promulgate a legislative rule relating to nonintoxicating beer licensing and operations procedures; and authorizing Alcohol Beverage Control Commission to promulgate a legislative rule relating to private club licensing”; 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. 287 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-34a, relating to the State Board of Education; providing for awarding of posthumous high school diploma to parents of high school senior who dies during senior year; providing exceptions; and designating said section as ‘Todd's Law’”; which was referred to the Committee on Education then Finance.

Resolutions Introduced

            Delegates Marcum H. White, Hicks and Perdue offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 49 - “Requesting the Division of Highways to name bridge number 30-3/5-14.61 (30A017), locally known as Big Rock Pony Truss, carrying County Route 3/5 over West Fork of Twelvepole Creek in Mingo County, the ‘Albert and Laura Baisden Memorial Bridge’.”

            Whereas, Albert Baisden was born April 20th, 1902, and died October 7th, 1997; and

            Whereas, Laura Belle Baisden was born October 13th, 1924, and died October 27th, 2004; and

            Whereas, Albert and Laura Baisden were both members of the Church of Christ and proud members of the United Mine Workers of America; and

            Whereas, Albert Baisden was a 32nd degree Mason and a member of the Masonic Lodge for fifty-two years; and

            Whereas, Albert Baisden was a widower with five children when he married Laura, February 27th, 1940; and

            Whereas, Together Albert and Laura raised his five children and Laura had eleven more children; and

            Whereas, Albert Baisden has more than two hundred fifty descendants, the majority of whom still reside in the Dingess area; and

            Whereas, Albert Baisden had three generations to graduate in the last class at Lenore High School; and

            Whereas, Both Albert and Laura Baisden worked hard to provide for their family. He worked in coal mines, and she took care of farm animals, house and children; and

            Whereas, Albert was known to be a man of his word who did not back down on his opinions and Laura was known as a humble, loving person who never said a negative word about anyone, and both contributed many hours of public service to their community; and

            Whereas, It is proper that these two citizens be recognized in their community by an enduring memorial; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 30-3/5-14.61 (30A017), locally known as Big Rock Pony Truss, carrying County Route 3/5 over West Fork of Twelvepole Creek in Mingo County, the “Albert and Laura Baisden Memorial Bridge”; and, be it

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

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways.

            Delegates Marcum, McCuskey, Hicks, Perdue, R. Phillips, Rodighiero, Westfall, H. White, Gearheart and Reynolds offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 50 - “Requesting the West Virginia Department of Highways to install signs at each end of the Dingess Tunnel, located on County Highway 3/05, past Laurel Lake, in Mingo County, West Virginia, that boldly state ‘Historic Dingess Tunnel, 100 Years Old, 1914’, commemorating the 100 years of history associated with the tunnel.”

            Whereas, The Dingess Tunnel is located in the Old Northwest Railroad Bed Road, in Dingess, Mingo County, West Virginia; and

            Whereas, The Dingess Tunnel was built in 1914 as the only way in and out for coal trains in the area; and

            Whereas, The Dingess Tunnel has been a vital artery to the coal industry because it opened up the area to a vast amount of coal mining; and

            Whereas, The Dingess Tunnel has been an asset to all of Southern West Virginia because it has been an avenue of transportation for thousands of tons of coal; and

            Whereas, The Dingess Tunnel allowed thousands of tons of coal to be mined, thus, allowing the employment of thousands of hard-working coal miners; and

            Whereas, The 100 year old tunnel was constructed largely by immigrant workers who decided to stay in Mingo County upon its completion; and

            Whereas, Many individuals gave their lives to the construction of the Dingess Tunnel; and

            Whereas, At least ten railroaders lost their lives in the Dingess Tunnel when two trains crashed head on in the tunnel on two different occasions; and

            Whereas, The Dingess Tunnel is one mile long and the longest tunnel in Mingo County; and

            Whereas, The Dingess Tunnel began being used as a highway tunnel in 1914 and thus allowed many immigrants the ability to access the very diverse terrain on the other side of the mountain; and

            Whereas, The Dingess Tunnel is known nationally as “America’s Bloodiest Tunnel” and has been featured in many national publications; and

            Whereas, The Dingess Tunnel has ties to the world famous Hatfield-McCoy Feud; and

            Whereas, The Dingess Tunnel is a staple in the community; and

            Whereas, For generations, the people of Mingo County have lived quiet and peaceful lives, enjoying the fruits of the land, living secluded within the tall and unforgiving mountains surrounding them; and

            Whereas, The Dingess Tunnel has been vital to the timber and gas industry as it opened up this land to development; and

            Whereas, The citizens of Dingess and Mingo County honor the history of the tunnel; therefore, be it

            Resolved by the Legislature of West Virginia:

            That it is fitting that the West Virginia Legislature commemorate the history of the Dingess Tunnel; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed at each end of the Dingess Tunnel, signs that boldly state: “Historic Dingess Tunnel, 100 Years Old, 1914”; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Mingo County Commission and to the Commissioner of the West Virginia Division of Culture and History.

            Delegates Eldridge, Storch, Moore, Fluharty, Lynch, Bates, Ashley, R. Phillips, Williams, Marcum and Arvon offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 51 - “Proclaiming and making the fiddle the official musical instrument of the State of West Virginia.”

            Whereas, The fiddle arrived in Appalachia in the 18^th century from immigrants from the British Isles, bringing with them the musical traditions of their countries. These traditions consisted primarily of English and Scottish ballads, which were essentially unaccompanied narratives, and dance music, such as Irish reels which were accompanied by a fiddle. The fiddle soon became a staple of life in West Virginia, being played in churches, in logging and mining camps, at weddings and summer picnics and in the homes and on porches of many West Virginians. It has remained so ever since, being showcased in music festivals around the state, from the Augusta Festival in Elkins, the Vandalia Gathering held on the grounds at the State Capitol and the Appalachian String Band Festival at Camp Washington Carver in Hilltop, just to name a few. West Virginia has also produced some of the finest fiddlers in the nation, and continues to do so; and

            Whereas, Fiddler Blind Alfred Reed was born on June 15, 1880 and was one of the artists who recorded at the Bristol Sessions in 1927, along with Jimmie Rogers and the Carter Family, which are the first recordings of traditional country music. He was raised in a very conservative family, and acquired a violin at a young age. Later, he began performing at county fairs, in country schoolhouses, for political rallies, and in churches. He even played on street corners for tips. He used to sell out printed copies of his compositions for ten cents each. After the Bristol Sessions, Mr. Reed recorded his most famous song, that is still being sung today, “How Can a Poor Man Stand Such Times and Live?” After 1929, he stopped recording, but continued to perform locally until 1937 when a law was passed prohibiting blind street musicians. He is buried in Elgood and was inducted into the West Virginia Music Hall of Fame in 2007; and

            Whereas, Edwin “Edden” Hammons was born in 1874 and is considered by many to have been one of the finest traditional West Virginia fiddlers of all time, and tales of his musical exploits and eccentric lifestyle flourish among the inhabitants of mountainous east central part of the state. Mr. Hammons was the youngest of four brothers and three sisters, and his musical abilities were soon recognized to be superior to that of his siblings. Family tradition holds that his ability was recognized and encouraged at an early age and that the boy was spared his share of the burdens of frontier living as a result. Mr. Hammons’ first attempt in music was with a fiddle made from a gourd, he soon progressed and he secured a store-bought fiddle and there was no dispute that he could draw out exquisite harmonies from the instrument. Whether because of immaturity or musical passion, Mr. Hammons refused to lay his fiddle down “like most men did” as he grew older and was faced with supporting a family. Mr. Hammons’ three-week marriage to Caroline Riddle in 1892 came to a head when Caroline demanded that Edden either quit playing fiddle and go to work or she would leave. Given the ultimatum, Mr. Hammons chose the fiddle. When he was older, Mr. Hammons participated in five to ten fiddle contests each year, and rarely came away with less than first prize. Perhaps Mr. Hammons’ most distinguished contest adversary was Lewis “Jack” McElwain, regarded by many others at the time to be the premier fiddler in the State of West Virginia. Mr. McElwain’s accomplishments included a first-place finish at the 1893 World’s Fair in Chicago. At a contest in Marlinton in 1909, Mr. McElwain and Mr. Hammons tied for top honors. Later, there were disagreements about the selection of judges, Mr. Hammons insisted that the judging be left to the attendees. Mr. Hammons usually won; and

            Whereas, Fiddler Melvin Wine was born in Burnsville in 1909. At the age of nine he began to play his first fiddle tunes by sneaking out his father’s prized possession, the fiddle. Mr. Wine eventually gained the courage to inform his mother of the progress he had made with his father’s fiddle. One evening his mother bravely shared this with his father. At the time, Mr. Wine believed he might receive a whipping for sneaking out the fiddle. But instead, from this point on, his father supported the young boy’s efforts. Mr. Wine’s father learned the fiddle tunes that he passed on to Melvin from his father, Nels, Mr. Wine’s grandfather, Mr. Wine passed away in 2003; and

            Whereas, Mr. Clark Kessinger was born in Lincoln County on July 27, 1896. Mr. Kessinger began playing the banjo when he was five years old and two years later he performed at local saloons with his father. He switched to fiddle and began performing at country dances. After serving in the Navy, Mr. Kessinger’s reputation as a fiddler increased and he visited many local fiddling contests. He teamed up with his nephew Luches “Luke” Kessinger performing at various locations. In 1927 Mr. Kessinger and Luches Kessinger had their own radio show at the newly opened station WOBU in Charleston. On February 11, 1928, the Kessingers recorded twelve sides for the Brunswick-Balke-Collender recording company. In the late 1920’s, the Kessingers’ records were best sellers, including “Wednesday Night Waltz”, “Turkey in the Straw”, “Hell Among Yearlings”, “Tugboat” and “Salt River”. Mr. Kessinger was also greatly influenced by classical violin players such as Fritz Kreisler, Joseph Szigeti and Jascha Heifetz. Following his last recording session on September 20, 1930, Mr. Kessinger retired as a recording artist. But in 1963 he was rediscovered and soon was competing at several fiddling contests. In August 1964, Mr. Kessinger formed a string band in Galax, Virginia, winning first prize in the string band category. In April 1971, he won the World’s Champion Fiddle Prize at the 47^th Old-time Fiddler’s Convention in Union Grove, North Carolina. Three more albums followed on Kanawha Records. His albums were later reissued on Folkways and Country Roads. In 1971 Mr. Kessinger recorded 12 tracks for the newly formed Rounder Records. The record company had plans to record many albums with Kessinger but before they could initiate what they had planned, Mr. Kessinger had a stroke and collapsed on the scene at a fiddler’s convention in Virginia. His left hand became numb, and he was unable to play the fiddle for the remainder of his life. Rounder released his recordings as “Clark Kessinger: Old-time Music with Fiddle and Guitar”. He died in 1975 and was inducted into the West Virginia Music Hall of Fame in 2007; and

            Whereas, Ed Haley was born in 1885 and was one of the best known fiddlers in his region of Appalachia. He traveled frequently and performed in a variety of venues and played over WLW in Cincinnati. He also made occasional studio recordings for friends, such as for Doc Holbrook in Greenup, Kentucky. He seldom recorded commercially because he was worried that record companies would take advantage of a blind man. Late in life, he made recordings for the family on a Wilcox-Gay disc-cutting machine brought home from the service by his stepson, Ralph. The recording featured Ed, Ella, Ralph (on guitar) and daughter Mona (vocals). Ralph eventually distributed the recordings among his five siblings. Eventually about one third to one half of those recordings were released to Rounder Records, but it is estimated that two thirds of Mr. Haley’s recordings are still missing. Beginning in 1990, legendary bluegrass, folk musician and songwriter John Hartford began researching the story of Mr. Haley’s life and music. Generally, Mr. Hartford spent the last years of his life promoting Mr. Haley and his significance in the world of music. He learned a number of Haley’s tunes and recorded them on the Grammy-nominated album, “Wild Hog in the Red Brush” and “Speed of the Old Long Bow: A Tribute to Ed Haley”. Mr. Hartford and Brandon Kirk, a Harts-area historian and genealogist, collaborated on a Haley book project from 1995 until Hartford’s death in 2001. In March 2000, the “Smithsonian” magazine featured a story about their research. In October 2015, Ed Haley will be inducted into the West Virginia Music Hall of Fame; and

            Whereas, Tim O’Brien was born on March 16, 1954 in Wheeling and plays guitar, fiddle, mandolin, banjo, bouzouki and mandocello. He has released more than ten studio albums in addition to charting a duet with Kathy Mattea entitled, “The Battle Hymn of Love”, a No. 9 hit on the Billboard Country charts in 1990. He eventually moved to Boulder, Colorado in the 1970’s and became part of the music scene there. In Colorado, he met guitarist Charles Sawtelle, banjoist Pete Wernick and bassist/vocalist Nick Forster with whom he formed Hot Rize in 1978. Over the next twelve years, the quartet earned recognition as one of America’s most innovative and entertaining bluegrass bands. In 2005, O’Brien won a Grammy Award for Best Traditional Folk Album for “Fiddler’s Green”. In 1993 and 2006, O’Brien was honored with the International Bluegrass Music Association’s (IBMA)’s Male Vocalist of the Year award. His band Hot Rize was the IBMA’s first Entertainer of the Year in 1990. In November 2013 he was inducted into the West Virginia Music Hall of Fame; and

            Whereas, Glenville resident Buddy Griffin, was born at Richwood on September 22, 1948, and recalling his Nicholas County childhood has said, “Everybody in the family played music. It was never expected, it was never forced on us. Nobody ever handed us an instrument and said, ‘You have to play this.’ It was just trying to be part of what was going on, cause there was always music at the house.” Mr. Griffin was a part of his family’s music from an early age. “The first instrument I ever touched was a bass fiddle. They kept it leaned up behind the couch. I’d stand up on the couch when I was about five, maybe six. I couldn’t note it, but I could play the strings. So if they’d play some old fiddle tune, I’d have all three chords to go with it. I’d stand there and just play the strings.” He soon learned to play the guitar, mandolin, fiddle, and banjo. His parents were good singers especially in the style of the Carter Family, and they taught their children the older country music. The Griffin children, however, tended toward the faster, more modern bluegrass. Erma played the guitar and bass and sang harmony. Richard played guitar and fiddle, along with other instruments, and sang the lead. Richard’s father, Joe Griffin, born in 1883, played the old clawhammer style of banjo. Joe traveled to logging camps in Roane, Lincoln, and Calhoun counties and played dances on Saturday nights with some of the local fiddlers, mostly Enoch Camp. Parts of Mr. Griffin’s family tree can be traced to Revolutionary War times, some of his ancestors reportedly received land grants from General Washington. Mr. Griffin later became a staff musician at WWVA’s Jamboree USA in Wheeling, played more than 200 times on the Grand Ole Opry, toured the country for more than 30 years with some of the biggest names in country and bluegrass music, appeared on more than 150 record albums, and established the world’s first college degree program in bluegrass music at Glenville State College. In May 2011, he received the coveted Vandalia Award, recognizing his lifetime of devotion to entertainment and education; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby proclaims and makes the fiddle the official musical instrument of the State of West Virginia; and, be it

            Further Resolved, That the House of Delegates recognizes the importance and significance of the fiddle in West Virginia’s history, traditions and culture; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Buddy Griffin, Tim O’Brien, Clark Kessinger’s daughter, Frances Goad, the descendants of West Virginia’s other great fiddle players, Blind Alfred Reed, Edwin Hammons, Melvin Wine and Ed Haley, The West Virginia Music Hall of Fame, the Friends of Old Time Music and Dance (FOOTMAD) and John Lilly, Editor of Goldenseal, the official State magazine of West Virginia traditional life.

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

            H. C. R. 52 - “Requesting the Division of Highways to name the bridge on County Route 21 over Mill Creek in Jackson County, bridge number 18-21-19.61 (18A234) (38.80123, -81.69929), locally known as the Hardman Bridge, the ‘U.S. Army SSG Delmer R. Jones Memorial Bridge’.”

            Whereas, Staff Sergeant Delmer R. Jones, a native of Ripley, West Virginia served as a U.S. Army Staff Sergeant in the Vietnam War. He began his tour in Vietnam on October 4, 1967; and

            Whereas, Staff Sergeant Delmer R. Jones was killed in battle on January 7, 1968, in Quang Tin, South Vietnam, by multiple fragmentation wounds; and

            Whereas, It is fitting that an appropriate memorial recognizing this soldier’s service and sacrifice be established in the area where he lived; therefore, be it

            Resolved by the House of Delegates:

            That the Division of Highways is hereby requested to name the bridge on County Route 21 over Mill Creek in Jackson County, bridge number 18-21-19.61 (18A234) (38.80123, -81.69929), locally known as the Hardman Bridge, the “U.S. Army SSG Delmer R. Jones Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated bridge containing bold and prominent letters proclaiming the bridge to be the “U.S. Army SSG Delmer R. Jones 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 Transportation, the Commissioner of Highways, and the family of the late Staff Sergeant Delmer R. Jones.

            Mr. Speaker, Mr. Armstead, offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 9 - “Authorizing the Committee on Rules to arrange a Special Calendar and providing for making public the vote on certain questions in connection with the preparation thereof.”

            Resolved by the House of Delegates:

            That beginning on Friday, February 13, 2015, and for the remainder of this regular session of the Legislature, the Committee on Rules is hereby authorized to arrange a Special Calendar as provided by House Rule 70. Daily after the eighth order of business shall have been passed, the Special Calendar shall be called, and until this calendar is disposed of each day, no item of business on the regular House Calendar shall be considered or take precedence over any item of business on the Special Calendar, except by a majority vote of the members present and voting.

            All bills or resolutions or other matters of business reported from Committee, and having no additional committee reference, shall automatically be placed by the Clerk on the Special Calendar, and no bill, resolution, or other matter of business shall be removed from the Special Calendar and placed on the regular House Calendar except by a majority vote of the Committee on Rules, a quorum being present. Once removed from the Special Calendar, any resolution, bill or other matter of business may be again placed on the Special Calendar by a majority vote of the Committee on Rules, a quorum being present, or by a majority of the members of the House of Delegates. In making up the Calendar, the Committee on Rules may hear any Delegate or other person in behalf of any resolution or bill he may desire placed upon such calendar and the committee shall give due consideration to the merits of bills and resolutions pending in the House of Delegates, and take cognizance of measures which affect the public interest generally; and, be it

            Further Resolved, That the committee shall cause to be kept a record of all roll call votes on all questions pertaining to preparation of the Special Calendar and removing the same therefrom. This record of votes shall show those voting in the affirmative or those voting in the negative, whichever shall be the smaller number, and those absent and not voting. These vote records shall be prepared and following the adjournment of each meeting made available to House members and to the public.

            Delegate Deem was recognized and asked unanimous consent that the remarks of Delegate Shott on yesterday, regarding Com. Sub. for H. B. 2011, Relating to disbursements from the Workers' Compensation Fund where an injury is self inflicted or intentionally caused by the employer, be printed in the Journal of today, which consent was not given, Delegate Manchin objecting.

            Delegate Deem then moved said remarks be printed in the Journal of today.

            Delegate Fleischauer was recognized and sought to amend the motion and following debate, it was subsequently ordered that the remarks of Delegate Shott as well as, per the motion of Delegate Skinner, the colloquy regarding the amendment offered by Delegate Shott on Com. Sub. for H. B. 2011 be printed in the Journal of today.

Bills Introduced

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

By Delegates Espinosa and Walters:

            H. B. 2673 - “A Bill to amend and reenact §17A-4A-15 of the Code of West Virginia, 1931, as amended, relating to liens on vehicles; expanding the period of time during which a recorded lien on a vehicle is valid; expanding the period of time during which a refiled lien on a vehicle is valid; and clarifying that the lienholder may refile a lien or encumbrance without obtaining the owner’s consent”; to the Committee on Roads and Transportation then Finance.

By Delegates Kurcaba, Householder, Pasdon, Statler, Ellington, Cooper and Ambler:

            H. B. 2674 - “A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to making home schooled students eligible for a Promise scholarship without taking the GEducation test; adding entrance examination score as an alternative eligibility criterium for receiving the scholarship; and increasing the amount of unpaid community service hours preferred for prospective candidates”; to the Committee on Education then Finance.

By Delegates E. Nelson, Ashley, Hanshaw, Ireland, R. Smith, Storch, R. Phillips, B. White, McCuskey, Waxman and Summers:

            H. B. 2675 - “A Bill to amend and reenact §11-13V-4 of the Code of West Virginia, 1931, as amended, relating to reducing certain severance taxes that are dedicated to the Workers’ Compensation Debt Reduction Fund, beginning after June 30, 2015”; to the Committee on Finance.

By Delegates J. Nelson, Miller, Longstreth, Ferro, Hamilton, L. Phillips, Guthrie, Byrd, Duke, Storch and Fluharty

            [By Request of the Secretary of State]:

            H. B. 2676 - “A Bill to amend and reenact §59-1-2 and§59-1-2a of the Code of West Virginia, 1931, as amended, all relating to defining a veteran-owned business and exempting such businesses from the initial registration and certain annual report fees paid to the Secretary of State”; to the Committee on Veterans’ Affairs and Homeland Security then Finance.

By Delegate Hamrick:

            H. B. 2677 - “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24, relating to creating a legislative commission to study the feasibility of the state entering into sponsorship agreements for transportation structures, including naming rights of bridges, overpasses, rest areas, roads to private businesses and exits”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates A. Evans, Eldridge, Hamilton, L. Phillips, Guthrie, Ambler and Romine

            [By Request of the Department of Agriculture]:

            H. B. 2678 - “A Bill to amend and reenact §14-1-18 of the Code of West Virginia, 1931, as amended, relating to exempting certain agencies from seeking the advice of the Attorney General to adjust and settle upon certain accounts or claims less than $5,000”; to the Committee on the Judiciary.

By Delegates Morgan, Fleischauer, Miley, Caputo, Moore, L. Phillips, Hornbuckle, Rowe, Lynch, Pushkin and Perdue:

            H. B. 2679 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4 and §5B-2I-5, all relating to creating the Good Jobs First Act; requiring government agencies to report job creation and retention information related to development assistance programs to the Department of Revenue; requiring tracking numbers for all development assistance projects and tax credits; requiring the Tax Department to report development assistance tax credit information to the Department of Revenue; requiring tax levying bodies to report tax assessment valuation determination information to the Department of Revenue; requiring the Department of Revenue to compile and report all information required under this article to the Legislature; and requiring the Department of Revenue to publish reports on the Internet”; to the Committee on Small Business, Entrepreneurship and Economic Development then the Judiciary.

By Delegate Longstreth

            [By Request of the Secretary of State]:

            H. B. 2680 - “A Bill to amend and reenact §31B-10-1006 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-9-53a of said code, all relating to notices of revocation of certificate of authority”; to the Committee on the Judiciary.

By Delegate Longstreth

            [By Request of the Secretary of State]:

            H. B. 2681 - “A Bill to repeal §59-1-7 of the Code of West Virginia, 1931, as amended, relating to repealing outdated language for fees to be charged by a notary public”; to the Committee on the Judiciary.

By Delegates Hamilton, Longstreth, Ferro and Guthrie

            [By Request of the Secretary of State]:

            H. B. 2682 - “A Bill to amend and reenact §59-1-2 of the Code of West Virginia, 1931, as amended, relating to donations of overpayment of fees to the Secretary of State”; to the Committee on the Judiciary then Finance.

By Delegates P. Smith:

            H. B. 2683 - “A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to adding an additional magistrate court deputy clerk position for Lewis County”; to the Committee on the Judiciary then Finance.

By Delegates Longstreth, Shott, R. Smith, Howell, Gearheart and Sponaugle:

            H. B. 2684 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated, §11-16-11b; and to amend and reenact §60-8-3 of said code, all relating to creating a one-day special license for charitable events to sell nonintoxicating beer and wine”; to the Committee on the Judiciary then Finance.

By Delegates Campbell, Perry, Ellington, Ashley, Moore, Rowan, Hamrick, Perdue, Kelly, Rohrbach and Pasdon:

            H. B. 2685 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, to be designated §18-30-14, relating to eligible uses of prepaid tuition plans generally; providing for use of prepaid tuition plans for students who require accommodations in instruction, testing procedures or learning environments; allowing funds to be used at an out-of-state educational institution in certain cases; and providing that state-administered prepaid tuition plans may be used for a student with a alternative graduation requirements or an alternative diploma”; to the Committee on Education then Finance.

By Delegates Perry, Cooper, Ambler, Hill, Perdue, Lynch and R. Phillips:

            H. B. 2686 - “A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to providing funds for the Tourism Promotion Fund; requiring annual deposits from general revenue into the Tourism Promotion Fund; creating subaccount of the Tourism Promotion Fund; setting parameters for spending money in subaccount; detailing certain transfers of funds; and requiring Division of Tourism to conduct a study”; to the Committee on Finance.

By Delegates Sponaugle, L. Phillips, H. White, Williams, Guthrie, Perdue, Reynolds, Hartman, Fluharty, Trecost and Moore:

            H. B. 2687 - “A Bill to amend and reenact §11-21-16 of the Code of West Virginia, 1931, as amended, relating to personal income taxes; and making the personal exemptions for purposes of West Virginia’s personal income tax the same as allowed for federal income tax purposes”; to the Committee on Finance.

Daily Calendar

Third Reading

            Com. Sub. for H. B. 2005, Relating to alternative programs for the education of teachers; on third reading, coming up in regular order, with amendments pending and the right to offer a joint amendment by Delegates Pasdon and Perry, was reported by the Clerk.

            An amendment, recommended by Delegates Perry, Moye and Puskin, was reported by the Clerk, on page thirty-six, section one-b, line fifty-nine, following the semi-colon, by inserting a new paragraph (2), to read as follows:

            “(2) A requirement that a vacancy has to be advertised for a ten day period, and if no qualified traditional certified teacher applies, only then may the partnership consider enrolling as person in the alternative program” followed by a semicolon.

            And,

            By renumbering the subsequent paragraphs accordingly.

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

            The yeas and nays having been ordered, they were taken (Roll No. 50), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Hicks.

            Absent and Not Voting: Moore, Wagner and Walters.

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

            Delegates Perry, Moye and Pushkin moved to amend the bill on page forty-one, section one-c, line forty-nine, following the period, by inserting a new subsection (f), to read as follows:

            “(f) Certification - After the completion of the first year as an alternative program teacher, to continue eligibility, the alternative program teacher must complete at least six hours of course credit annually at an recognized institution of higher education, until becoming a fully certified teacher.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 51), and there were--yeas 36, nays 61, absent and not voting 3, with the yeas and absent and not voting being as follows:

            Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Frich, Guthrie, Hartman, Hicks, Hornbuckle, Kelly, Longstreth, Lynch, Manchin, Miley, Miller, Morgan, Moye, J. Nelson, Perdue, Perry, L. Phillips, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost and Williams.

            Absent and Not Voting: Moore, Wagner and Walters.

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

            On motion of Delegates Pasdon, E. Nelson and Perry, the bill was amended on page forty-six, section one-f, line twenty-six, following the semicolon, by inserting a new subdivision (8) as follows:

            “(8) Have relevant academic or occupational qualifications that reasonably indicate that the person will be competent to fill the teaching position in which he or she would be employed; and” and renumbering the remaining subdivision accordingly.

            Delegates Pethtel, Moye and Boggs moved to amend the bill as follows:

            On page six, section one, lines forty-eight and forty-nine, by striking out the words “or from another educator preparation program.”

            On page nineteen, section one-a, lines six and seven, by striking out the words “an entity affiliated with an accredited higher education institution.”

            On pages twenty-one through twenty-six, section one-a, lines fifty-seven through line one hundred sixty, by restoring all the stricken language.

            On page thirty-five, section one-b, lines thirty-five and thirty-six, by striking out the words “one or more entities affiliated with an institution of higher education” and the comma.

            On page thirty-six, section one-b, lines forty-six through forty-nine, by deleting paragraph (2) in its entirety and renumbering the subsequent paragraphs accordingly;

            And, 

            On page fifty-three, section two-a, lines twenty-nine and thirty, by striking out “(v) Has completed an alternative program approved by another state; or”.

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

            The yeas and nays having been ordered, they were taken (Roll No. 52), and there were--yeas 32, nays 65, absent and not voting 3, with the yeas and absent and not voting being as follows:

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

            Absent and Not Voting: Moore, Wagner and Walters.

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

            An amendment, recommended by Delegates Perry, Moye and Boggs, was reported by the Clerk, on page thirty-eight, section one-b, lines eighty-nine through one hundred one, by striking out subsection (d) in its entirety.

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

            The yeas and nays having been ordered, they were taken (Roll No. 53), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Folk and Sobonya.

            Absent and Not Voting: Moore, Wagner and Walters.

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

            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. 54), and there were--yeas 60, nays 35, absent and not voting 5, with the nays and absent and not voting being as follows:

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

            Absent and Not Voting: D. Evans, Lynch, Moore, Wagner and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2005) passed.

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

            Com. Sub. for H. B. 2005 – “A Bill to amend and reenact §18A-3-1, §18A-3-1a, §18A-3-1b and §18A-3-2a of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto seven new sections, designated §18A-3-1c, §18A-3-1d, §18A-3-1e, §18A-3-1f, §18A-3-1g, §18A-3-1h and §18A-3-1i, all relating to revising, reorganizing and clarifying provisions regarding teacher certifications, including standard certifications, alternative certifications and certifications for out-of-state teachers; expanding criteria upon which a teacher’s certificate may be awarded to a teacher from another state; defining terms relating to alternative programs for the education of teachers; authorizing certain partnerships to provide alternative certification programs; modifying entities eligible to deliver alternative programs; specifying permissible partners; requiring partnership agreements and specifying necessary contents; requiring posting of vacancies; limiting circumstance where partnership may enroll alternative program candidate; requiring or authorizing approval by state board of education under certain circumstances; modifying and specifying criteria and components required for alternative certification program delivery; specifying certain required components of alternative certification program; specifying eligibility criteria for alternative certification program teacher candidate; providing for professional support team to participate in alternative program delivery and specifying responsibilities; modifying the charges which may be imposed for alternative program participation or delivery; specifying required and prohibited acts by certain entities; requiring continued contract renewal of participating program teacher and continued delivery of alternative certification program under certain circumstances and providing exception; providing for evaluation of and recommendation regarding award of professional teaching certificate for alternative program teacher; authorizing appeal of recommendation under certain circumstances; expanding program fields and conditions in which an alternative program teacher may be employed; removing preference among certain applicants when considering applicants for alternative teacher programs; modifying provisions for alternative program teacher to attain professional teaching certificate; expanding institutions from which professional teaching certificate candidates may have graduated; providing guidelines for alternative programs for certain highly qualified special education teachers; providing for certification under certain circumstances of teachers educated or certified in other states; expanding criteria upon which a teacher’s certificate may be awarded to teachers; removing references to internship programs; and requiring legislative rule promulgation by state board.”

            Delegate Cowles moved that the bill take effect July 1, 2015.

            On this question, the yeas and nays were taken (Roll No. 55), and there were--yeas 73, nays 21, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Boggs, Byrd, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Frich, Gearheart, Lynch, Manchin, Perry, Pethtel, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle and Trecost.

            Absent and Not Voting: D. Evans, Howell, Moore, O’Neal, Wagner and Walters.

            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. 2005) takes effect July 1, 2014.

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

            The Speaker explained to the Members that earlier in today’s session it was ordered that certain remarks be printed in the Journal of today.

            The Speaker further stated that according to House Rule 132, no remarks are to be printed in the Journal, with certain exceptions. For the House to order remarks be printed in the Journal, a suspension of the rules would be required, and called for Members to renew their request if so desired.

            Whereupon,

            Delegates Deem, Skinner and Kelly withdrew their earlier requests to have remarks printed in the Journal.

            Delegate Lynch announced that had he been present when the vote was taken on Roll Call No. 54, he would have voted “Nay” thereon.

            Delegate Kelly then asked and obtained unanimous consent that the remarks of Delegate Ireland regarding Com. Sub. for H. B. 2005 be printed in the Appendix to the Journal.

            Delegate J. Nelson asked and obtained unanimous consent that the remarks of Delegate Cooper regarding Com. Sub. for H. B. 2005 be printed in the Appendix to the Journal.

            Com. Sub. for H. B. 2011, Relating to disbursements from the Workers’ Compensation Fund where an injury is self inflicted or intentionally caused by the employer; on third reading, coming up in regular order, was reported by the Clerk.

            At the request of Delegate Shott, and by unanimous consent, the rule was suspended to permit the offering and consideration of an amendment on third reading.

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

            Whereupon,

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

            Delegate Sponaugle then asked and obtained unanimous consent to offer a reformed amendment in its stead.

            On motion of Delegate Sponaugle, the bill was amended on page five, section one, line ten, following the word “body”, by changing the semicolon to a colon, and inserting the words: “Provided, That the National Fire Protection Association Codes and Standards shall not be cited as an industry standard for Volunteer Fire Departments and Emergency Medical Response Personnel as an unsafe working condition as long as the Volunteer Fire Departments and the Emergency Medical Response Personnel have followed the Rules that have been promulgated by the Fire Commission.”

            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. 56), and there were, including pairs--yeas 59, nays 38, absent and not voting 3, paired 2, with the nays, paired and absent and not voting being as follows:

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

            Pursuant to House Rule 43, the following pairs were filed and announced by the Clerk:

            Paired:

            Yea:    Ambler                       Nay: Walters

             Absent and Not Voting: D. Evans, Moore 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. 2001) passed.

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

            Delegate Hornbuckle asked and obtained unanimous consent that the remarks of Delegate Fluharty regarding Com. Sub. for H. B. 2011 be printed in the Appendix to the Journal.

            At 2:20 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 3:00 p.m.

            Delegate Hicks asked and obtained unanimous consent that the remarks of Delegate Shott regarding Com. Sub. for H. B. 2011 be printed in the Appendix to the Journal.

            Delegate Fleischauer asked and obtained unanimous consent that the remarks of Delegate Perdue regarding Com. Sub. for H. B. 2011 be printed in the Appendix to the Journal.

            Delegate Pushkin asked and obtained unanimous consent that the remarks of Delegates Guthrie, Moye and Rowe regarding Com. Sub. for H. B. 2011 be printed in the Appendix to the Journal.

Third Reading

-Continued-

            Com. Sub. for H. B. 2223, Including consumer credit sales that are secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling or residential real estate in the definitions of “primary mortgage loan” and “subordinate mortgage loan”; 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. 57), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:

            Absent and Not Voting: A. Evans, D. Evans, Fleischauer, Moore, Reynolds, Rowe, Wagner and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. For H. B. 2223) 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. 2224, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations; 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. 58), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:

            Absent and Not Voting: A. Evans, D. Evans, Moore, Reynolds, Wagner, Walters and Westfall.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2224) 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. 2576, Creating new code sections which separate the executive departments; 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. 59), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent and Not Voting: A. Evans, D. Evans, Moore, Reynolds, Wagner and Walters.

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

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

Second ReadingCom. Sub. for S. B. 7, Requiring CPR and care for conscious choking instruction in public schools; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking the remainder of the bill and inserting in lieu thereof the following:

“ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-9. Required courses of instruction.

            (a) In all public, private, parochial and denominational schools located within this state, there shall be given prior to the completion of the eighth grade at least one year of instruction in the history of the State of West Virginia. The schools shall require regular courses of instruction by the completion of the twelfth grade in the history of the United States, in civics, in the Constitution of the United States and in the government of the State of West Virginia for the purpose of teaching, fostering and perpetuating the ideals, principles and spirit of political and economic democracy in America and increasing the knowledge of the organization and machinery of the government of the United States and of the State of West Virginia. The state board shall, with the advice of the state superintendent, prescribe the courses of study covering these subjects for the public schools. It shall be the duty of the officials or boards having authority over the respective private, parochial and denominational schools to prescribe courses of study for the schools under their control and supervision similar to those required for the public schools. To further such study, every high school student eligible by age for voter registration shall be afforded the opportunity to register to vote pursuant to section twenty-two, article two, chapter three of this code.

            (b) The state board shall cause to be taught in all of the public schools of this state the subject of health education, including instruction in any of the grades six through twelve as considered appropriate by the county board, on: (1) The prevention, transmission and spread of acquired immune deficiency syndrome and other sexually transmitted diseases; (2) substance abuse, including the nature of alcoholic drinks and narcotics, tobacco products and other potentially harmful drugs, with special instruction as to their effect upon the human system and upon society in general; (3) the importance of healthy eating and physical activity to maintaining healthy weight; and (4) education concerning CPR cardiopulmonary resuscitation and first aid, including instruction in the care for conscious choking. The course curriculum requirements and materials for the instruction shall be adopted by the state board by rule in consultation with the Department of Health and Human Resources. The state board shall prescribe a standardized health education assessment to be administered within health education classes to measure student health knowledge and program effectiveness.

            (c) An opportunity shall be afforded to the parent or guardian of a child subject to instruction in the prevention, transmission and spread of acquired immune deficiency syndrome and other sexually transmitted diseases to examine the course curriculum requirements and materials to be used in the instruction. The parent or guardian may exempt the child from participation in the instruction by giving notice to that effect in writing to the school principal.

            (c) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding $10 for each violation, and each week during which there is a violation shall constitute a separate offense. If the person so convicted occupies a position in connection with the public schools, that person shall automatically be removed from that position and shall be ineligible for reappointment to that or a similar position for the period of one year.

            (d) After July 1, 2015, the required instruction in cardiopulmonary resuscitation in subsection (b) of this section shall include at least thirty minutes of instruction for each student prior to graduation on the proper administration of cardiopulmonary resuscitation (CPR) and the psychomotor skills necessary to perform cardiopulmonary resuscitation. The term “psychomotor skills” means the use of hands-on practicing to support cognitive learning. Cognitive-only training does not qualify as “psychomotor skills”. The CPR instruction must be based on an instructional program established by the American Heart Association or the American Red Cross or another program which is nationally recognized and uses the most current national evidence-based Emergency Cardiovascular Care guidelines and incorporates psychomotor skills development into the instruction. A licensed teacher is not required to be a certified trainer of cardiopulmonary resuscitation to facilitate, provide or oversee such instruction. The instruction may be given by community members, such as emergency medical technicians, paramedics, police officers, firefighters, licensed nurses and representatives of the American Heart Association or the American Red Cross. These community members are encouraged to provide necessary training and instructional resources such as cardiopulmonary resuscitation kits and other material at no cost to the schools. The requirements of this subsection are minimum requirements. A local school district may offer CPR instruction for longer periods of time and may enhance the curriculum and training components, including, but not limited to, incorporating into the instruction the use of an automated external defibrillator (AED): Provided, That any instruction that results in a certification being earned must be taught by an authorized CPR/AED instructor.”

            On motion of Delegates Perdue and Rohrbach, the bill was amended on page two, section nine, line five, following the words “conscious choking”, by inserting a comma and the words “and recognition of symptoms of drug or alcohol overdose”.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 335, Creating Access to Opioid Antagonists Act; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page twelve, section six, line fifty-five, after the word “and”, by striking out the word “may” and inserting in lieu thereof the word “shall”.

            And,

            On page seven, section three, line thirty-one, following the word “treatment”, by inserting the words “at a medical facility”.

            On motion of Delegate Shott, the bill was amended on page nine, section five, line nine, by striking out the word “four” and inserting in lieu thereof the word “three”.

            The bill was then ordered to third reading.

            Com. Sub. for H. B. 2266, Relating to the publication requirements of the administration of estates; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2370, Increasing the powers of regional councils for governance of regional education service agencies; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the bill as follows:

            On page three, subsection (c), line eighteen, following the word “regional”, by striking out the word “educational” and inserting in lieu thereof the word “education”.

            On page six, subdivision (4), line two, after the word “procedures”, by striking out the word “to”.

            On page seven, subsection (e), line three, following the word “regional”, by striking out the word “educational” and inserting in lieu thereof the word “education.”

            The bill was then ordered to engrossment and third reading.

            H. B. 2444, Providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Small Business, Entrepreneurship and Economic Development, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:

            “That §5B-2-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.

§5B-2-5. Economic development representatives.

            (a) The director may employ economic development representatives to be paid a base salary within legislative appropriations to the West Virginia Development Office, subject to provisions set forth by the council in its reorganization plan and applicable contract provisions pursuant to section four of this article. Economic development representatives may receive performance-based incentives and expenses paid from private funds from a nonprofit corporation contracting with the West Virginia Development Office pursuant to the provisions of section four of this article. The director shall establish job descriptions and responsibilities of economic development representatives, subject to the provisions of any contract with a nonprofit corporation entered into pursuant to section four of this article.

            (b) Notwithstanding any provision of this code to the contrary, economic development representatives employed within the West Virginia Development Office are not subject to the procedures and protections provided by articles six and six-a, chapter twenty-nine of this code. Any employee of the West Virginia Development Office on the effective date of this article who applies for employment as an economic development representative is not entitled to the protections of article six, chapter twenty-nine with respect to hiring procedures and qualifications; and upon accepting employment as an economic development representative, the employee relinquishes the protections provided for in article two, chapter six-c and article six, chapter twenty-nine of this code.

            (c) The director shall assign one or more economic development representatives to serve as Small Business Allies. Small Business Allies shall serve as facilitators to assist small businesses and individuals desiring to create and operate small businesses. Their facilitation duties shall include the following:

            (1) Identifying and assisting with applications for loans, grants or other funding sources available to assist and finance specific small businesses;

            (2) Addressing inquiries, requests for assistance and other issues raised by other state or federal agencies that have jurisdiction or regulatory authority over small businesses or are assisting specific small businesses;

            (3) Identifying governmental registration and licensure requirements applicable to specific small businesses;

            (4) Identifying and completing forms and applications required for the licensure or registration of specific small businesses by or with all applicable government entities; and

            (5) Assisting with incorporation, formation and filing requirements of specific small businesses.

            (d) On the last Monday in January, in years 2016, 2018 and 2020, the director shall submit to the Legislature a written report. The director shall provide copies of his or her report to the President of the Senate, the Speaker of the House of Delegates, the chair of the Senate Committee on Economic Development and the chair of the House Committee on Small Business, Entrepreneurship and Economic Development. The director’s report shall do the following:

            (1) Identify the loans, grants or other funding sources available to assist and finance small businesses;

            (2) Identify and describe generally the inquiries, requests for assistance or other matters that other state or federal agencies have presented to the West Virginia Development Office in the immediately preceding reporting cycle in connection with those agencies’ efforts to regulate or assist small businesses;

            (3) Identify and describe the formation, registration and licensure requirements that state law imposes on small businesses;

            (4) Identify and provide copies of all forms and applications, including materials from relevant websites, that state agencies require in connection with the formation, registration or licensure of small businesses;

            (5) Identify and describe the ostensible purpose for each formation, registration or licensure requirement identified in subdivision (4) of this subsection;

            (6) Identify specific forms, processes or requirements imposed by state law that may be streamlined, simplified, combined or eliminated in order to reduce unnecessary costs, delays or other burdens on small businesses; and

            (7) Propose and describe concrete and specific steps that any branch, agency or level of state government may take to streamline, simplify, combine or eliminate the forms, processes or requirements identified in subdivision (6) of this subsection.”

            The bill was then ordered to engrossment and third reading.

             Com. Sub. for H. B. 2568, The Pain-Capable Unborn Child Protection Act; on second reading, coming up in regular order, was read a second time.

            Delegates Skinner, Fleischauer, Pushkin, Longstreth, Fluharty, L. Phillips, Perdue and Caputo moved to amend the bill on page ten, section four, line twenty-nine, following the period, by inserting the following subsection (c), to read as follows:

            “(c) (1) Whenever an abortion is being sought to terminate a pregnancy resulting from an alleged act of rape or incest, prior to the abortion, all of the following requirements shall be met:

            (A) The rape or incest victim shall report the rape to a law enforcement official unless the treating physician certifies in writing that in the physician's professional opinion, the victim was too physically or psychologically incapacitated to report the rape;

            (B) The victim certifies that the pregnancy is the result of rape, which certificate shall be witnessed by the treating physician; and

            (C) The fetus is not yet reached the stage of viability outside of the womb.

            (2) Whenever an abortion is being sought to terminate a pregnancy resulting from an alleged act of incest, prior to the abortion all of the following requirements shall be met:

            (A) The victim of incest shall report the act of incest to a law enforcement official unless the treating physician certifies in writing that in the physician's professional opinion the victim was too physically or psychologically incapacitated to report the incest;

            (B) The victim certifies that the pregnancy is the result of incest, which certificate shall be witnessed by the treating physician;

            And,

            (C) The fetus is not yet reached the stage of viability outside of the womb.”

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

            The yeas and nays having been ordered, they were taken (Roll No. 60), and there were--yeas 17, nays 78, absent and not voting 5, with the yeas and absent and not voting being as follows:

            Yeas: Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Hornbuckle, Longstreth, Manchin, Miley, Morgan, Perdue, Pethtel, L. Phillips, Pushkin, Rowe, Skinner and Sponaugle.

            Absent and Not Voting: D. Evans, Moore, Reynolds, Wagner and Walters.

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

            The Clerk reported the next amendment to the bill, and Members arose to address the amendment.

            Delegate Skinner was then recognized and asked and obtained unanimous consent that his amendment cosponsored by Delegates Fleischauer and Pushkin be considered prior to the amendment reported by the Clerk.

            The Clerk then reported the amendment by Delegates Skinner, Fleischauer and Pushkin on page nine, section four, line eighteen, by striking out the period and inserting a colon and the following:

            “Provided, That it is not a violation of this subsection to perform an abortion if it is necessary to prevent a risk to the health of the women in the reasonable medical judgment of a reasonably prudent physician.”

            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. 61), and there were--yeas 15, nays 79, absent and not voting 6, with the yeas and absent and not voting being as follows:

            Yeas: Caputo, Fleischauer, Fluharty, Guthrie, Hornbuckle, Longstreth, Manchin, Morgan, Perdue, Pethtel, L. Phillips, Pushkin, Rowe, Skinner and Sponaugle.

            Absent and Not Voting: D. Evans, Moore, Reynolds, Wagner, Walters and Zatezalo.

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

            Delegates Fleischauer and Skinner move to amend the bill on page seven, section two, lines thirty-three through thirty-six, by striking out paragraph (7) in its entirety and inserting in lieu thereof the following:

            “(7) Gestational age based on viability” means a time period when the fetus is past the state of viability, the gestational age based on viability is generally consistent with the time that is twenty-four weeks after the woman’s last menstrual cycle.”

            On page nine, section four, line twenty-one, by striking out the words “pain capable gestational age” and inserting in lieu thereof, the words “gestational age based on viability”.

            On page nine, section four, line six, by striking out the words “pain capable gestational age” and inserting in lieu thereof the words “gestational age based on viability”.

            On page eleven, section five, line sixteen, by striking out the words “pain capable gestational age” and inserting in lieu thereof, the words “gestational age based on viability”.

            And,

            On page eleven, section five, line twenty-four, by striking out the words “pain capable gestational age” and inserting in lieu thereof, the words “gestational age based on viability”.

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

            The yeas and nays having been ordered, they were taken (Roll No. 62), and there were--yeas 13, nays 82, absent and not voting 5, with the yeas and absent and not voting being as follows:

            Yeas: Caputo, Fleischauer, Guthrie, Hornbuckle, Miley, Morgan, Perdue, Pethtel, L. Phillips, Pushkin, Rowe, Skinner and Sponaugle.

            Absent and Not Voting: D. Evans, Moore, Reynolds, Wagner and Walters.

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

            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 S. B. 237, Creating Captive Cervid Farming Act,

            And,

            H. B. 2274, Authorizing the Commissioner of Corrections to enter into mutual aid agreements.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Moore, Wagner and Walters.

                                                       Miscellaneous Business

            Delegate Caputo asked and obtained unanimous consent that the following remarks be printed in the Appendix to the Journal:

            Delegate Eldridge                   The passage of Com. Sub. for H. B. 2005

            Delegate Manchin                  The passage of Com. Sub. for H. B. 2011

            Delegate Longstreth               Her amendment offered to Com. Sub. for H. B. 2568

            Delegate Butler filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2609.

            Delegate A. Evans announced that he was absent on today when the votes were taken on Roll Nos. 57, 58 and 59, and that had he been present, he would have voted “Yea” thereon.

            At 4:30 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 11, 2015.