House Journal

 

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Friday, February 27, 2015

FORTY-FIFTH DAY

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

 

 

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

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

            The Clerk proceeded to read the Journal of Thursday, February 26, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2377, Authorizing State Board of Education to approve certain alternatives with respect to instructional time,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2377 - “A Bill to amend and reenact §18-2-5 of the Code of West Virginia, 1931, as amended, relating to authorizing State Board of Education to approve certain alternatives with respect to instructional time proposed by a county board or school that meet the spirit and intent of affected statutes and are intended to optimize student learning; removing outdated and conflicting provisions related to school entrance and kindergarten; stating the purpose of subsection and providing context; providing limitations on alternatives; and making findings on learning time for consideration by state board,”

    With the recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2502, Possessing deadly weapons on school buses or on the premises of educational facilities,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2502 - “A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to persons possessing deadly weapons on school buses or on the premises of educational facilities; authorizing active law-enforcement officers in certain circumstances to possess a firearm or deadly weapon on a school bus, on school property or at school sponsored functions; authorizing retired law-enforcement officers in certain circumstances to carry deadly weapons on a school bus, on school property or at school sponsored functions when certain conditions are met; and establishing reporting requirements for the school principal,”

    With the recommendation that the committee substitute do pass.

            Delegate Walters, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            H. B. 2926, Relating to deferral charges in connection with a consumer credit sale or consumer loan,

            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. 2926) was referred to the Committee on Finance.

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

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 27^th day of February, 2015, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

            (Com. Sub. for S. B. 6), Relating to medical professional liability.

Messages from the Executive

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on February 25, 2015, he approved S. B. 237, S. B. 262, Com. Sub. for H. B. 2008, H. B. 2114, H. B. 2115 and H. B. 2274.

Resolutions Introduced

            Delegates J. Nelson, Ihle, Hill, Faircloth, Moffatt, Walters, Blair, R. Smith, Householder, McGeehan, Folk and Butler offered the following resolution, which was read by its title and referred to the Committee on Finance then Rules:

            H. C. R. 101 - “Requesting the Joint Committee on Government and Finance study the issue of West Virginia becoming a fair tax state whereby income and property taxes should be replaced by a consumption tax.”

            Whereas, There has been a movement on both the state and national levels to replace income and other taxes with a consumption tax; and

            Whereas, It should be studied whether income and property taxes has slowed economic growth and has reduced the standard of living of West Virginians; and

            Whereas, It should be studied whether income and property taxes impede the competitiveness of West Virginia’s industry; and

            Whereas, It should be studied whether income and property taxes reduce savings and investment in West Virginia by taxing income multiple times slowing the capital formation necessary for real wages to steadily increase; and

            Whereas, It should be studied whether income and property taxes lower productivity; and

            Whereas, It should be studied whether income and property taxes impose unacceptable and unnecessary administrative and compliance costs on individual and business taxpayers; and

            Whereas, It should be studied whether income and property taxes are unfair and inequitable; and

            Whereas, It should be studied whether income and property taxes unnecessarily intrude upon the privacy and civil rights of West Virginia citizens; and

            Whereas, It should be studied whether income and property taxes hide the true cost of government by embedding taxes in the costs of everything West Virginian’s buy; and

            Whereas, It should be studied whether income and property tax laws are not being complied with at satisfactory levels and therefore raising the tax burden on law abiding citizens; and

            Whereas, It should be studied whether income and property taxes impede upward social mobility; therefore, be it

            Resolved by the Legislature of West Virginia:

            That we should study whether it would be in West Virginia’s best interests in becoming a fair tax state whereby income and property taxes should be replaced by a consumption tax; and, be it

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

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

            Delegates Miley, Hamrick, Trescot and Waxman offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 102 - “Requesting the Division of Highways to name the twin bridges on Interstate 79, over County Route 24 in Harrison County, bridge number 17-79-121.32 NB-SB (17A316 and 17A317), latitude 39.30697, longitude -80.27468, locally known as the Meadowbrook Road Overpass, the ‘U.S. Army Air Corps CPT Kenneth R. Winters, Sr. Memorial Bridge’.”

            Whereas, U.S. Army Air Corps Captain Kenneth R. Winters, Sr., was born on June 3, 1922 and graduated from Washington Irving High School with honors; and

            Whereas, With war looming on the horizon and while on the wait list for VMI Military Academy, Captain Winters had to make some crucial decisions and joined the Civil Air Patrol at the Benedum Airport; and

            Whereas, Upon graduation from the Civil Air Patrol Captain Winters enlisted in the U.S. Army Air Corps, becoming an instructor and test pilot; and

            Whereas, After requesting overseas duty in the European theater, Captain Winters began flying B-17 bombers, and moved through the ranks to become lead bomber and earning the rank of captain in the United States’ fight with Germany; and

            Whereas, Captain Winters became a member of the famed Lucky Bastard Club, completing twenty-five or more missions, before being shot down. He completed his duty as a reservist upon returning to the United States; and

            Whereas, Upon returning to civilian life Captain Winters worked for his father, Cecil Winters, became a successful businessman in the beverage industry and owned the Royal Crown and Dr. Pepper bottling plants in Clarksburg for forty-five years; and

            Whereas, Captain Winters was very active in the community, serving in the Shriners and as a member of Rotary and resided on Club View Drive for over forty-six years and he could remember Interstate 79 as it was being built as his home was right off Exit 121; and

            Whereas, Sadly, Captain Winters passed away on September 9, 2014. After spending the last ten months of his life in a local nursing home, he was able to spend the last night of his life at home. He is survived by his wife, Kathryn, and sons, Kenneth Williams, II, James D. Winters and Craig Winters, all of Harrison County; and

            Whereas, Captain Winters was a long time pillar of the community, and it is fitting that an enduring memorial be established to commemorate his service to his community and country; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name the twin bridges on Interstate 79, over County Route 24 in Harrison County, bridge number 17-79-121.32 NB-SB (17A316 and 17A317), latitude 39.30697, longitude -80.27468, locally known as the Meadowbrook Road Overpass, the “U.S. Army Air Corps CPT Kenneth R. Winters, Sr. Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the twin bridges, both northbound and southbound, as the “U.S. Army Air Corps CPT Kenneth R. Winters, Sr. Memorial Bridge”; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the family of the late U.S. Army Corps Captain Kenneth R. Winters, Sr.

            Delegate Rowe offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 15 - “Honoring Booker Taliaferro Washington, author, educator, orator and advisor to United States presidents, on the 100^th anniversary of his death.”

            Whereas, Booker T. Washington was born a slave on a farm in Franklin County, Virginia in the year 1856; and

            Whereas, Booker T. Washington is recognized as one of America’s great educators, statesmen, authors and orators for his leadership for ten million African Americans who continued to struggle after the Civil War into the twentieth century; and

            Whereas, Booker T. Washington’s formative years were in Malden, Kanawha County, West Virginia from age nine until he was twenty-five years old; and

            Whereas, Booker T. Washington attended Hampton Institute in Virginia and returned to teach school in Malden where he observed freed slave families, including his own family, succeeding in an integrated community with valuable education and equal compensation for work unlike in many areas in the Old South; and

            Whereas, Booker T. Washington, in 1881, became the first leader of the new Tuskegee Normal and Industrial Institute, now Tuskegee University, in Alabama, building the Institute into America's most prominent educational institution for African Americans and remaining affiliated with the Institute the rest of his life; and

            Whereas, Booker T. Washington sought to counter disfranchisement and violence against African-Americans in the south with a nonmilitant call to progress through education and entrepreneurship; and

            Whereas, Booker T. Washington united leaders in both white and black society to build strength in the black community through self-help and schooling; and

            Whereas, Booker T. Washington published his autobiographical classic, Up From Slavery in 1900. The book has been recognized as one of the best nonfiction books written in America in the twentieth century and details his great public career, being one of the nation's first celebrities regularly touring to speak to thousands of Americans, black and white, about his success as a freed slave positing the best of the American Dream, for a degraded people to have their families succeed through equal opportunity for education and fairly compensated work; and

            Whereas, Booker T. Washington’s first family home was on property owned by Lewis Ruffner at the mouth of Campbells Creek, now known as Port Amherst, on the Great Kanawha River near Malden, West Virginia; and

            Whereas, Booker T. Washington died one hundred years ago on November 14, 1915, at fifty-nine years of age; and

            Whereas, Booker T. Washington is one of West Virginia’s most enduring national celebrities; and

            Whereas, It is proper that the anniversary of the death of this historical figure should not go unnoticed; therefore, be it

            Resolved by the House of Delegates of West Virginia:

            That members of the West Virginia House of Delegates take the opportunity of the 100^th anniversary of the death of Booker T. Washington, on November 14, 1915 to honor this early civil rights leader who worked so tirelessly to improve the lives of his fellow man; and, be it

            Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Booker T. Washington Family Association, the Ruffner Family Association, and the Kanawha Valley Historical and Preservation Society.

Special Calendar

Third ReadingS. B. 175, Authorizing DHHR promulgate legislative rules; 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. 222), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Reynolds and Walters.

            Absent and Not Voting: Ellington and Kelly.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 175) passed.

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

            On this question, the yeas and nays were taken (Roll No. 223), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Ellington and Kelly.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 175) takes effect from its passage.

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

            Com. Sub. for S. B. 187, Authorizing Department of Revenue promulgate legislative rules; 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. 224), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Arvon, Fast, Howell, Sobonya and Walters.

            Absent and Not Voting: Ellington and Kelly.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 187) passed.

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

            On this question, the yeas and nays were taken (Roll No. 225), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Arvon, Fast and Howell.

            Absent and Not Voting: Ellington, Gearheart and Kelly.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 187) takes effect from its passage.

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

            Com. Sub. for S. B. 357, Creating Coal Jobs and Safety Act of 2015; on third reading, coming up in regular order, was read a third time.

            Delegate Miley requested a division of the bill, pursuant to Rule 44, as follows:

            1. Environmental and administrative procedures issues as contained in §22-3-13, 22-3-19 and 22-11-22a,

            2. Provisions relating to miners health and safety contained in §22A-2a-101, 22A-2a-402, 22A-2a-403, 22A-2a-404, 22A-2a-404a, 22A-2a-405, 22A-2a-501, 22A-2a-601, 22A-2a-602, 22A-2a-603 and 22A-2a-604,

            And,

            3. Provisions relating to the repeal of the Diesel Commission contained in sections §22A-2a-301 through 22A-2a-310.

            Whereupon,

            The Speaker ruled that the request was not in order citing House Rule 135 and relevant portions of Jefferson’s Manual and the Rules of the U. S. House of Representatives.

            Delegates J. Nelson, R. Phillips and R. Smith requested to be excused from voting on the passage of Com. Sub. for S. B. 357 under the provisions of House Rule 49.

            The Speaker replied that the Delegates were members of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Members from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 226), and there were--yeas 73, nays 25, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Boggs, Campbell, Caputo, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Morgan, Perdue, Perry, Pethtel, Pushkin, Skinner, P. Smith, Sponaugle, Trecost and Williams.

            Absent and Not Voting: Eldridge and Ellington.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 357) passed.

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

Miscellaneous Business

            Delegate Boggs asked and obtained unanimous consent that the remarks of Delegate Miley, Delegate Manchin, and Mr. Speaker, Mr. Armstead, regarding Delegate Miley’s motion to divide Com. Sub. for S. B. 357, Creating Coal Jobs and Safety Act of 2015, be printed in the Appendix to the Journal.

            Delegate Manchin asked and obtained unanimous consent that the remarks of Delegate Caputo regarding Com. Sub. for S. B. 357 be printed in the Appendix to the Journal.

            Delegates L. Phillips and H. White noted to the Clerk that they were absent when the votes were taken on Roll Nos. 214 through 221, and that had they been present, they would have voted “Yea” on Roll Nos. 214, 215, 216, 217, 218 and 221, and “Nay” on Roll Nos. 219 and 220.

            Delegate Frich filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2926.

            Delegate Boggs filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2932.

            Delegates Campbell, Frich, Hicks, Hornbuckle, Perdue, Puskin, Reynolds, Rodighiero, Rohrbach and Sobonya filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2999.

            At 1:55 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 5:00 p.m.

* * * * * * *

Afternoon Session

* * * * * * *

Special Calendar

Third Reading

-Continued-

            H. B. 2161, Adopting the Uniform Act on Prevention of and Remedies for Human Trafficking; 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.

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

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5 and §15-14-6; to amend and reenact §62-1D-8 and §61-2-17 of said code; and, to amend said code by adding thereto two new sections, designated §61-2-17a and §61-2-17b, all to read as follows” followed by a colon.

            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. 227), 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: Deem, Ellington, Marcum, Reynolds, Rohrbach, Storch and Trecost.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2161) passed.

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

            Delegate Shott moves to amend the enacting section to read as follows:

            H. B. 2161 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5 and §15-14-6; to amend and reenact §62-1D-8 and §61-2-17 of said code; to amend said code by adding thereto two new sections, designated §61-2-17a and §61-2-17b, all relating to adopting the Uniform Act on Prevention of and Remedies for Human Trafficking; providing legislative findings; setting forth definitions; creating a Commission on the Prevention of Human Trafficking; requiring public posting of hotline information in certain locations; making services available to victims of human trafficking; providing victims immunity from criminal prosecution for certain crimes directly resulting from human trafficking; changing the definition of human trafficking; expanding criminal remedies and enforcement tools; and allowing victims to expunge conviction for certain crimes directly resulting from human trafficking.”

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

            H. B. 2780, Enhancing the ability of campus police officers at public colleges to perform their duties; 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. 228), 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: Deem, Ellington, Marcum, Reynolds, Rohrbach, Storch and Trecost.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2780) 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. 2835, Reorganizing the Hatfield-McCoy Regional Recreation Authority; on third reading, coming up in regular order, was, at the request of Delegate Cowles, and by unanimous consent, laid over one day, retaining its place on the calendar.

            H. B. 2884, Modifying training and development requirement for certain members of certain higher education boards; 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. 229), 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: Deem, Ellington, Marcum, Reynolds, Rohrbach, Storch and Trecost.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2884) 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. 361, Eliminating prevailing hourly wage requirement for construction of public improvements; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Government Organization, was reported by the Clerk, on page three, section one line seven, after the word “subdivisions”, by striking out the comma and the words “and this article shall apply to expenditures of such institutions made, in whole or in part, from such public funds”.

            On page five, section one, line forty-nine, by striking out the words “(6) The term ‘board’ shall mean the minimum wage board as constituted in this article.”

            One page five, section one, line fifty-one, by striking out the number seven (7) and inserting in lieu thereof the number six (6).

            One page five, section one, after line fifty-five, by adding two new subsections designated seven and eight, all to read as follows:

            “(7) The term ‘public money’ means funds obtained by a public authority through taxes, fees, fines or penalties. For purposes of this article, public money does not include funds obtained by private donation, contribution, fund raising or insurance proceeds.

             (8) The term ‘wages’ means the hourly rate paid for work performed by an employee for an employer.”

            On page seven, section three, line sixteen, by restoring the stricken word “wages”.

            On page seven, section three, line seventeen, by striking out the underlined word “compensation”.

            On page seven, section three, line twenty-seven, after the words “public improvements”, by striking out the underlined words “in excess of $500,000.00 in cost”.

            On page seven, section three, line twenty-eight, by striking out the word “on” at the beginning of the sentence and inserting in lieu thereof the word “for”.

            On page seven, section three, line thirty-four, after the word “underway”, by striking out the period and inserting in lieu thereof a colon and the words “Provided, however, That this section applies only to contracts let for public improvements whose cost at the time the contract is awarded will be paid with public money in an amount greater than $500,000.”

            On page fourteen, section five, line one hundred fifteen, after the words “of this section”,by striking out the period and inserting in lieu thereof a colon and the words “Provided, That if the determination is not in place on July 1, 2015, for any reason, no prevailing hourly rate of wages shall be in effect until the determination is made.”

            On page fifteen, section five, line one hundred forty-six, after the word “article”, by striking out the period and inserting in lieu thereof a colon and the words “Provided, further, That any confidential, individual proprietor-level data submitted to Workforce West Virginia, the West Virginia University Bureau of Business and Economic Research or the Center for Business and Economic Research at Marshall University for the purpose of determining the prevailing wage rates shall not be considered a public record for purposes of section three, article one, chapter twenty-nine-b of this code.”

            On page sixteen, section six, line ten, by striking out the underlined words “public improvements in excess of $500,000 in cost” and inserting in lieu thereof the words “contracts let for public improvements whose cost at the time the contract is awarded will be paid with public money in an amount greater than $500,000.”

            And,

            On page seventeen, section eleven, beginning on line one, by striking out the section in its entirety and inserting in lieu thereof the following:

            “(a) The Executive Director of Workforce West Virginia shall promulgate emergency rules and propose, for legislative promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, to effectuate the provisions of this article. All rules, whether emergency or not, promulgated pursuant to this section shall at a minimum:

            (1) Define the regions of the state as used in the article;

            (2) Establish a process for addressing written objections regarding the methodology for calculating the prevailing hourly rate of wages and the calculation of the hourly rate of wages: Provided, That Workforce West Virginia may consolidate written objections for hearing and final determination purposes; and

            (3) Propose any other rules necessary to effectuate the purposes of this article.

            (b) Any legislative rule in effect prior to the effective date of this article implementing the provisions of this article is hereby repealed.”

            On motion of Delegate Howell, the committee amendment was amended on page two, line twelve, after the words “determination is made” and the period, by inserting the words “Provided, however, That in the event the determination is not in place on July 1, 2015, the Joint Committee on Government and Finance may extend the deadline to a date thereafter, but, in any event, no later than September 30, 2015. During the extension period only, the prevailing wage in place prior to July 1, 2015 shall remain the prevailing wage. Provided, further, That in the event the determination is not in place at the conclusion of such extension period, no prevailing hourly rate of wages shall be in effect until the determination is made.”

            The amendment recommended by the Committee on the Government Organization, as amended, was then adopted.

            The bill was then ordered to third reading.

            S. B. 382, Declaring claims against state; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 508, Reorganizing Hatfield-McCoy Regional Recreation Authority; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Howell, the bill was amended on page two, after the enacting section by striking out the remainder of the bill in its entirety and inserting in lieu there of the following:

“CHAPTER 15. PUBLIC SAFETY.

ARTICLE 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.

§15-10-3. Definitions.

            For purposes of this article only, and unless a different meaning plainly is required:

            (1) ‘Criminal justice enforcement personnel’ means those persons within the state criminal justice system who are actually employed as members of the State Police, members of the Division of Protective Services, natural resources police officers, chiefs of police and police of incorporated municipalities, and county sheriffs and their deputies, and whose primary duties are the investigation of crime and the apprehension of criminals.

            (2) ‘Head of a law-enforcement agency’ means the Superintendent of the State Police, the Director of the Division of Protective Services, the chief natural resources police officer of the Division of Natural Resources, a chief of police of an incorporated municipality, a county sheriff or the Director of the Division of Forestry.

            (3) ‘State or local law-enforcement officer’ means any duly authorized member of a law-enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality thereof, other than parking ordinances, and includes persons employed as campus police officers at state institutions of higher education in accordance with the provisions of section five, article four, chapter eighteen-b of this code, although those institutions may not be considered law-enforcement agencies. The term includes persons employed as rangers by the Hatfield-McCoy Regional Recreation Authority in accordance with the provisions of section six, article fourteen, chapter twenty of this code, although the authority is not a law-enforcement agency.

            (4) ‘Head of campus police’ means the superintendent or administrative head of state or local law-enforcement officers employed as campus police officers at state institutions of higher education in accordance with the provisions of section five, article four, chapter eighteen-b of this code.

            (5) ‘Head of the rangers of the Hatfield-McCoy Regional Recreation Authority’ means the superintendent or administrative head of state or local law-enforcement officers employed as rangers by the Hatfield-McCoy Regional Recreation Authority in accordance with the provisions of section six, article fourteen, chapter twenty of this code.

§15-10-4. Cooperation between law-enforcement agencies and other groups of state or local law-enforcement officers.

            (a) The head of any law-enforcement agency, or the head of any campus police or the head of the rangers of the Hatfield-McCoy regional recreational authority, as those terms are defined in section three of this article, may temporarily provide assistance and cooperation to another agency of the state criminal justice system or to a federal law-enforcement agency in investigating crimes or possible criminal activity if requested to do so in writing by the head of another law-enforcement agency or federal law-enforcement agency. Such assistance may also be provided upon the request of the head of the law-enforcement agency or federal law-enforcement agency without first being reduced to writing in emergency situations involving the imminent risk of loss of life or serious bodily injury. The assistance may include, but is not limited to, entering into a multijurisdictional task force agreement to integrate federal, state, county and municipal law-enforcement agencies or other groups of state or local law-enforcement officers, or any combination thereof, for the purpose of enhancing interagency coordination, intelligence gathering, facilitating multijurisdictional investigations, providing criminal justice enforcement personnel of the law-enforcement agency to work temporarily with personnel of another agency, including in an undercover capacity, and making available equipment, training, technical assistance and information systems for the more efficient investigation, apprehension and adjudication of persons who violate the criminal laws of this state or the United States, and to assist the victims of such crimes. When providing the assistance under this article, a head of a law-enforcement agency shall comply with all applicable statutes, ordinances, rules, policies or guidelines officially adopted by the state or the governing body of the city or county by which he or she is employed, and any conditions or restrictions included therein.

            (b) While temporarily assigned to work with another law-enforcement agency or agencies, criminal justice enforcement personnel and other state and local law-enforcement officers shall have the same jurisdiction, powers, privileges and immunities, including those relating to the defense of civil actions, as such criminal justice enforcement personnel would enjoy if actually employed by the agency to which they are assigned, in addition to any corresponding or varying jurisdiction, powers, privileges and immunities conferred by virtue of their continued employment with the assisting agency.

            (c) While assigned to another agency or to a multijurisdictional task force, criminal justice enforcement personnel and other state and local law-enforcement officers shall be subject to the lawful operational commands of the superior officers of the agency or task force to which they are assigned, but for personnel and administrative purposes, including compensation, they shall remain under the control of the assisting agency. These assigned personnel shall continue to be covered by all employee rights and benefits provided by the assisting agency, including workers' compensation, to the same extent as though such personnel were functioning within the normal scope of their duties.

            (d) No request or agreement between the heads of law-enforcement agencies, or the heads of campus police or the head of the rangers of the Hatfield-McCoy regional recreation authority, made or entered into pursuant to this article shall remain in force or effect until a copy of said request or agreement is filed with the office of the circuit clerk of the county or counties in which the law-enforcement agencies, or the campus police, or the Hatfield-McCoy regional recreation authority rangers involved operate. Agreements made pursuant to this article shall remain in effect unless and until the agreement is changed or withdrawn in writing by the head of one of the law-enforcement agencies. Upon filing, the requests or agreements may be sealed, subject to disclosure pursuant to an order of a circuit court directing disclosure for good cause. Nothing in this article shall be construed to limit the authority of the head of a law-enforcement agency or the head of campus police or the head of the rangers of the Hatfield-McCoy regional recreation authority to withdraw from any agreement at any time.

            (e) Nothing contained in this article shall be construed so as to grant, increase, decrease or in any manner affect the civil service protection or the applicability of civil service laws as to any criminal justice enforcement personnel, or as to any state or local law-enforcement officer or agency operating under the authority of this article, nor shall this article in any way reduce or increase the jurisdiction or authority of any criminal justice enforcement personnel, or of any state or local law-enforcement officer or agency, except as specifically provided herein.

            (f) Nothing contained in this article shall be construed so as to authorize the permanent consolidation or merger or the elimination of operations of participating federal, state, county municipal law-enforcement agencies, or other groups of state and local law-enforcement officers, the head or campus police. or the head of the rangers of the Hatfield-McCoy regional recreation authority.

CHAPTER 20. NATURAL RESOURCES.

ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

§20-7-1. Chief natural resources police officer; natural resources police officers; special and emergency natural resources police officers; subsistence allowance; expenses.

            (a) The division's law-enforcement policies, practices and programs are under the immediate supervision and direction of the division law-enforcement officer selected by the director and designated as chief natural resources police officer as provided in section thirteen, article one of this chapter.

            (b) Under the supervision of the director, the chief natural resources police officer shall organize, develop and maintain law-enforcement practices, means and methods geared, timed and adjustable to seasonal, emergency and other needs and requirements of the division’s comprehensive natural resources program. All division personnel detailed and assigned to law-enforcement duties and services under this section shall be known and designated as natural resources police officers and are under the immediate supervision and direction of the chief natural resources police officer except as otherwise provided. All natural resources police officers shall be trained, equipped and conditioned for duty and services wherever and whenever required by division law-enforcement needs. The chief natural resources police officer may also assign natural resources police officers to perform law-enforcement duties on any trail, grounds, appurtenant facility or other areas accessible to the public within the Hatfield-McCoy Recreation Area, under agreement that the Hatfield-McCoy Regional Recreation Authority, created pursuant to article fourteen of this chapter, shall reimburse the division for salaries paid to the officers and shall either pay directly or reimburse the division for all other expenses of the officers in accordance with actual or estimated costs determined by the chief natural resources police officer.

            (c) The chief natural resources police officer, acting under supervision of the director, is authorized to select and appoint emergency natural resources police officers for a limited period for effective enforcement of the provisions of this chapter when considered necessary because of emergency or other unusual circumstances. The emergency natural resources police officers shall be selected from qualified civil service personnel of the division, except in emergency situations and circumstances when the director may designate officers, without regard to civil service requirements and qualifications, to meet law-enforcement needs. Emergency natural resources police officers shall exercise all powers and duties prescribed in section four of this article for full-time salaried natural resources police officers except the provisions of subdivision (8) of said section.

            (d) The chief natural resources police officer, acting under supervision of the director, is also authorized to select and appoint as special natural resources police officers any full-time civil service employee who is assigned to, and has direct responsibility for management of, an area owned, leased or under the control of the division and who has satisfactorily completed a course of training established and administered by the chief natural resources police officer, when the action is considered necessary because of law-enforcement needs. The powers and duties of a special natural resources police officer, appointed under this provision, is the same within his or her assigned area as prescribed for full-time salaried natural resources police officers. The jurisdiction of the person appointed as a special natural resources police officer, under this provision, shall be limited to the division area or areas to which he or she is assigned and directly manages.

            (e) The Director of the Division of Forestry is authorized to appoint and revoke Division of Forestry special natural resources police officers who are full-time civil service personnel who have satisfactorily completed a course of training as required by the Director of the Division of Forestry. The jurisdiction, powers and duties of Division of Forestry special natural resources police officers are set forth by the Director of the Division of Forestry pursuant to article three of this chapter, and articles one-a and one-b, chapter nineteen of this code.

            (f) The chief natural resources police officer, with the approval of the director, has the power and authority to revoke any appointment of an emergency natural resources police officer or of a special natural resources police officer at any time.

            (g) Natural resources police officers are subject to seasonal or other assignment and detail to duty whenever and wherever required by the functions, services and needs of the division.

            (h) The chief natural resources police officer shall designate the area of primary residence of each natural resources police officer, including himself or herself. Since the area of business activity of the division is actually anywhere within the territorial confines of the State of West Virginia, actual expenses incurred shall be paid whenever the duties are performed outside the area of primary assignment and still within the state.

            (i) Natural resources police officers shall receive, in addition to their base pay salary, a minimum monthly subsistence allowance for their required telephone service, dry cleaning or required uniforms, and meal expenses while performing their regular duties in their area of primary assignment in the amount of $130 each month. This subsistence allowance does not apply to special or emergency natural resources police officers appointed under this section.

            (j) After June 30, 2010, all those full time law-enforcement officers employed by the Division of Natural Resources as conservation officers shall be titled and known as natural resources police officers. Wherever used in this code the term ‘conservation officer’, or its plural, means ‘natural resources police officer’, or its plural, respectively.

            (k) Notwithstanding any provision of this code to the contrary, the provisions of subdivision six, subsection c, section twelve, article twenty-one, chapter eleven of this code are inapplicable to pensions of natural resources police officers paid through the Public Employees Retirement System.

ARTICLE 14. HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY.

§20-14-1. Legislative findings.

            The West Virginia Legislature finds that there is a significant need within the state and throughout the eastern United States for well-managed facilities for trail-oriented recreation for off-highway motor vehicle enthusiasts. mountain bicyclists, equestrians and others. The Legislature further finds that under an appropriate contractual and management scheme, well-managed, trail-oriented, recreation facilities could exist on private property without diminishing the landowner's interest, control or profitability in the land and without increasing the landowner's exposure to liability.

            The Legislature further finds that, with the cooperation of private landowners, there is an opportunity to provide trail-oriented recreation facilities primarily on private property in the mountainous terrain of southern West Virginia and that the facilities will provide significant economic and recreational benefits to the state and to the communities in southern West Virginia through increased tourism in the same manner as whitewater rafting and snow skiing benefit the state and communities surrounding those activities.

            The Legislature further finds that the creation and empowering of a statutory corporation joint development entity to work with the landowners, county officials and community leaders, state and federal government agencies, recreational user groups and other interested parties to enable and facilitate the implementation of the facilities will greatly assist in the realization of these potential benefits.

            The Legislature further finds that it is in the best interests of the state to encourage private landowners to make available for public use through the Hatfield-McCoy Regional Recreation Authority land for these recreational purposes by limiting their liability for injury to persons entering thereon, by limiting their liability for injury to the property of persons entering thereon and by limiting their liability to persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.

§20-14-2. Definitions.

            Unless the context clearly requires a different meaning, the terms used in this section have the following meanings:

            (a) ‘Authority’ means the Hatfield-McCoy Regional Recreational Authority;

            (b) ‘Board’ means the board of the Hatfield-McCoy Regional Recreation Authority;

            (c) ‘Charge’ means, for purposes of limiting liability for recreational purposes set forth in this article, the amount of money asked in return for an invitation to enter or go upon the land, including a one-time fee for a particular event, amusement, occurrence, adventure, incident, experience or occasion as set by the authority: Provided, That the authority may set charges in differing amounts for different categories of participants, including, but not limited to, in-state and out-of-state participants, as the authority sees fit;

            (d) ‘Hatfield-McCoy Recreation Area’ means a system of recreational trails and appurtenant facilities, including trail head centers, parking areas, camping facilities, picnic areas, recreational areas, historic or cultural interpretive sites and other facilities that are a part of the system;

            (e) ‘Land’ includes, but is not limited to, roads, water, watercourses, private ways and buildings, structures and machinery or equipment thereon when attached to the realty;

            (f) ‘Owner’ means those vested with title to real estate and those with the ability to exercise control over real estate and includes, but is not limited to, tenant, lessee, licensee, holder of a dominant estate or other lawful occupant; or person in control of the premises;

            (g) ‘Recreational purposes’ includes, but is not limited to, any one or any combination of the following noncommercial recreational activities: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, motorcycle or all-terrain vehicle riding, bicycling, horseback riding, nature study, water skiing, winter sports and visiting, viewing or enjoying historical, archaeological, scenic or scientific sites or otherwise using land for purposes of the user;

            (g) ‘Participant’ means any person using the land, trails and facilities of the Hatfield-McCoy Recreation Area;

            (h) ‘Participating county or counties’ means the counties of Boone, Kanawha, Lincoln, Logan, McDowell, Mercer, Mingo, Wayne and Wyoming and with the approval of the board, any other county or counties where trails and other recreational facilities relating to the Hatfield-McCoy recreation area are developed in the future with the cooperation of the county commission that have agreed to operate the Hatfield-McCoy Regional Recreation Authority as a joint development entity and to participate in its governance; and

            (i) ‘Recreational purposes’ includes, but is not limited to, any one or any combination of the following noncommercial recreational activities: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, motorcycle or motor vehicle driving and riding, bicycling, horseback riding, nature study, water skiing, winter sports and visiting, viewing or enjoying historical, archaeological, scenic or scientific sites or otherwise using land for purposes of the user.

§20-14-3. Creation; appointment of board; terms.

            (a) There is hereby created the ‘Hatfield-McCoy Regional Recreation Authority’ which is a public corporation and a government instrumentality existing The public corporation, the Hatfield-McCoy Regional Recreation Authority, previously created by this section is hereby converted to a new public corporation created as a joint development entity of the participating counties This joint development entity is created for the purpose of enabling and facilitating the development and operation of a system of trail-oriented recreation facilities for use by off-highway motor vehicle enthusiasts. equestrians, mountain bicyclists and others. This recreational trail system shall be located in southern West Virginia the counties of Boone, Kanawha, Lincoln, Logan, McDowell, Mercer, Mingo, Wayne and Wyoming with significant portions of the recreational trail system being located on private property made available for use through lease, license, easement or other appropriate legal form by a willing landowner.

            (b) The authority shall be governed by a board of at least seventeen no more than eighteen members who shall be representative of the various interests involved in the Hatfield-McCoy Recreation Area project in the southern region of the state participating counties and who shall be appointed as follows:

            (1) The county commission of each participating county, as defined in section two of this article, shall appoint two members of the board as follows:

            (A) One member who represents and is associated with a corporation or individual landowner whose land is being used or is expected to be used in the future as part of the Hatfield-McCoy Recreation Area project or their designee. This member shall be appointed to a four-year term.

            (B) One member who represents and is associated with travel and tourism or economic development efforts within the county or who is associated with a mining, logging, natural gas or other resource-extraction industry or who is a licensed land surveyor or licensed professional engineer. The initial appointment shall be for a two-year term, but all subsequent appointments shall be for a four-year term.

            (2) The members of the board appointed under subdivision (1), subsection (b) of this section by the county commissions shall appoint three additional board members, at least two of whom represent and are associated with recreational users of the Hatfield-McCoy recreation area project. These members shall serve three-year terms.

            (3) The following three persons shall serve as nonvoting members representing the state: The director of the division of travel and tourism, the director of the Division of Natural Resources, and the director of the Division of Forestry, or their respective designees.

            Any appointed member whose term has expired shall serve until his or her successor has been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any appointed member is eligible for reappointment. The terms of the members serving as of the date of enactment the amendments of this section made during the 2015 regular session of the Legislature shall expire on June 30, 2015, and each participating county shall appoint two members to the board of the newly converted public corporation with terms to commence on July 1, 2015. Members of the board are not entitled to compensation for services performed as members but are entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties.

            (c) Before the authority issues any revenue bonds or revenue refunding bonds under the authority of this article, each appointed voting member of the board shall execute a surety bond in the penal sum of $25,000 and the officers and executive director of the board shall each execute a surety bond in the penal sum of $50,000. Each surety bond shall be conditioned upon the faithful performance of the duties of the member, officer or director, shall be executed by a surety company authorized to transact business in this state as surety and shall be approved by the Governor and filed in the office of the Secretary of State. The authority shall pay premiums on the surety bonds from funds accruing to the authority.

            The conversion of the Hatfield-McCoy Regional Recreation Authority to a joint development entity does not terminate or interrupt its status as a public corporation. The amendments to this article made during the 2015 regular session of the Legislature do not alter the debts, liabilities, responsibilities or other obligations of any party with regard to this public corporation.

            (d) The Hatfield-McCoy Regional Recreation Authority is a ‘public body’ for purposes of the West Virginia Freedom of Information Act, as provided in article one, chapter twenty-nine-b of this code.

§20-14-4. Board; quorum; executive director; expenses.

            The board is the governing body of the authority and the board shall exercise all the powers given the authority in this article.

            The board shall meet quarterly, unless a special meeting is called by its chairman: Provided, That on the second Monday of July of each even-numbered at the first meeting of each fiscal year beginning in an odd-numbered year, or as soon thereafter as feasible, the board shall meet to elect a chairman, secretary and treasurer from among its own members.

            A majority of the members of the board constitutes a quorum, and a quorum shall be present for the board to conduct business. Unless the bylaws require a larger number, action may be taken by majority vote of the members present.

            The board shall may prescribe, amend, and repeal bylaws and rules governing the manner in which the business of the authority is conducted, rules governing the use of the trail system and the safety of participants and shall review and approve an annual budget. The fiscal year for the authority begins on July 1, and ends on the thirtieth day of the following June.

            The board shall appoint an executive director to act as its chief executive officer, to serve at the will and pleasure of the board. The board, acting through its executive director, may employ any other personnel considered necessary and may appoint counsel and legal staff for the authority and retain such temporary engineering, financial and other consultants or technicians as may be required for any special study or survey consistent with the provisions of this article. The executive director shall carry out plans to implement the provisions of this article and to exercise those powers enumerated in the bylaws. The executive director shall prepare annually a budget to be submitted to the board for its review and approval prior to the commencement of each fiscal year. The budget shall contain a detailed account of all planned and proposed revenue and expenditures for the authority for the upcoming fiscal year, including a detailed list of employees by title, salary, cost of projected benefits and total compensation. Before August 15, the executive director shall provide to the board and the county commission for each participating county a detailed list of actual expenditures and revenue by account and recipient name for the previous fiscal year and a copy of the approved budget for the current fiscal year.

            All costs incidental to the administration of the authority, including office expenses, personal services expense and current expense, shall be paid in accordance with guidelines issued by the board from funds accruing to the authority.

            All expenses incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article and no liability or obligation may be incurred by the authority under this article beyond the extent to which moneys have been provided under the authority of this article.

§20-14-4a. Financial review and oversight.

            (a) The authority shall contract for and obtain an annual financial audit to be conducted by a private accounting firm in compliance with generally accepted government auditing standards. When complete, the audit shall be transmitted to the board, the president of the county commission of each participating county and the Legislative Auditor. The cost of the audit shall be paid by the authority.

            (b) If the authority receives any funds from the Legislature by appropriation or grant, the Legislative Auditor shall have the power and authority to examine the revenues, expenditures and performance of the Hatfield-McCoy Regional Recreation Authority and for these purposes shall have the power to inspect the properties, equipment, facilities of the authority and to request, inspect and obtain copies of any records of the authority. For each fiscal year in which the authority receives any funds from the Legislature by appropriation or grant, the executive director shall provide to the Legislative Auditor and Secretary of Revenue a detailed list of actual expenditures and revenue by account and recipient name for the previous fiscal year within forty-five days of the close of that fiscal year.

§20-14-5. Powers of authority.

            The authority, as a public corporation and governmental instrumentality exercising public powers of the state joint development entity, may exercise all powers necessary or appropriate to carry out the purposes of this article, including, but not limited to, the power:

            (1) To acquire, own, hold and dispose of property, real and personal, tangible and intangible;

            (2) To lease property, whether as lessee or lessor, and to acquire or grant through easement, license or other appropriate legal form, the right to develop and use property and open it to the use of the public;

            (3) To mortgage or otherwise grant security interests in its property;

            (4) To procure insurance against any losses in connection with its property, license or easements, contracts, including hold-harmless agreements, operations or assets in such amounts and from such insurers as the authority considers desirable;

            (5) To maintain such sinking funds and reserves as the board determines appropriate for the purposes of meeting future monetary obligations and needs of the authority;

            (6) To sue and be sued, implead and be impleaded and complain and defend in any court;

            (7) To contract for the provision of legal services by private counsel and, notwithstanding the provisions of article three, chapter five of this code, the counsel may, in addition to the provisions of other legal services, represent the authority in court, negotiate contracts and other agreements on behalf of the authority, render advice to the authority on any matter relating to the authority, prepare contracts and other agreements and provide such other legal services as may be requested by the authority;

            (8) To adopt, use and alter at will a corporate seal;

            (9) To make, amend, repeal and adopt bylaws for the management and regulation of its affairs;

            (10) To appoint officers, agents and employees and to contract for and engage the services of consultants;

            (11) To make contracts of every kind and nature and to execute all instruments necessary or convenient for carrying on its business, including contracts with any other governmental agency of this state or of the federal government or with any person, individual, partnership or corporation to effect any or all of the purposes of this article;

            (12) Without in any way limiting any other subdivision of this section, to accept grants and loans from and enter into contracts and other transactions with any federal agency;

            (13) To maintain an office at such places within the state as it may designate;

            (14) To borrow money and to issue its bonds, security interests or notes and to provide for and secure the payment of the bonds, security interests or notes and to provide for the rights of the holders of the bonds, security interests or notes and to purchase, hold and dispose of any of its bonds, security interests or notes;

            (15) To sell, at public or private sale, any bond or other negotiable instrument, security interest or obligation of the authority in such manner and upon such terms as the authority considers would best serve the purposes of this article;

            (16) To issue its bonds, security interests and notes payable solely from the revenues or other funds available to the authority, and the authority may issue its bonds, security interests or notes in such principal amounts as it considers necessary to provide funds for any purpose under this article, including:

            (A) The payment, funding or refunding of the principal of, interest on or redemption premiums on any bonds, security interests or notes issued by it whether the bonds, security interests, notes or interest to be funded or refunded have or have not become due;

            (B) The establishment or increase of reserves to secure or to pay bonds, security interests, notes or the interest on the bonds, security interest or notes and all other costs or expenses of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. Any bonds, security interests or Notes may be additionally secured by a pledge of any revenues, funds, assets or moneys of the authority from any source whatsoever;

            (17) (16) To issue renewal notes or security interests, to issue bonds to pay notes or security interests and, whenever it considers refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured except that no renewal notes may be issued to mature more than ten years from the date of issuance of the notes renewed and no refunding bonds may be issued to mature more than twenty-five years from the date of issuance;

            (18) (17) To apply the proceeds from the sale of renewal notes, security interests of refunding bonds to the purchase, redemption or payment of the notes security interests or bonds to be refunded;

            (19) (18) To accept gifts or grants of property, funds, security interests, money, materials, labor, supplies or services from the federal government or from any governmental unit or any person, firm or corporation and to carry out the terms or provisions of or make agreements with respect to or pledge any gifts or grants and to do any and all things necessary, useful, desirable or convenient in connection with the procuring, acceptance or disposition of gifts or grants;

            (20) (19) To the extent permitted under its contracts with the holders of bonds, security interests or notes of the authority, to consent to any modification of the rate of interest, time of payment of any installment of principal or interest, security or any other term of any bond, security interest, note, contract or agreement of any kind to which the authority is a party;

            (21) To sell security interests in the loan portfolio of the authority. The security interests shall be evidenced by instruments issued by the authority. Proceeds from the sale of security interests may be issued in the same manner and for the same purposes as bond and note venues;

            (22) To promulgate legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code as necessary to implement and make effective the powers, duties and responsibilities invested in the authority by the provisions of this article and otherwise by law, including regulation of the conduct of persons using the Hatfield-McCoy recreation area. Notwithstanding any other provisions of this code to the contrary, until the Legislature has authorized the rules, the authority may promulgate emergency rules for those purposes pursuant to section fifteen, article three, chapter twenty-nine-a of this code;

            (23) (20) To construct, reconstruct, improve, maintain, repair, operate and manage the Hatfield-McCoy recreation area at the locations within the state participating counties as may be determined by the authority;

            (21) To enter into an agreement with the West Virginia Division of Natural Resources for natural resources police officers to provide law-enforcement services within the Hatfield-McCoy Recreation Area and to reimburse the Division of Natural Resources for its costs therefor;

            (24) (22) To exercise all power and authority provided in this article necessary and convenient to plan, finance, construct, renovate, maintain and operate or oversee the operation of the Hatfield-McCoy recreation area at such locations within the state participating counties as may be determined by the authority;

            (25) (23) To exercise such other and additional powers as may be necessary or appropriate for the exercise of the powers conferred in this section;

            (26) (24) To exercise all of the powers which a corporation may lawfully exercise under the laws of this state;

            (27) To provide for law enforcement within the Hatfield-McCoy recreational area by appointing rangers as provided in section six of this article;

            (28) (25) To develop, maintain and operate or to contract for the development, maintenance and operation of the Hatfield-McCoy Recreation Area;

            (29) (26) To enter into contract with landowners and other persons holding an interest in the land being used for its recreational facilities to hold those landowners and other persons harmless with respect to any claim in tort growing out of the use of the land for public recreation recreational purposes or growing out of the recreational activities operated or managed by the authority from any claim except a claim for damages proximately caused by the willful or malicious conduct of the landowner or other person or any of his or her agents or employees;

            (30) (27) To assess and collect a reasonable fee from those persons who use the trails, parking facilities, visitor centers or other facilities which are part of the Hatfield-McCoy Recreation Area and to retain and utilize that revenue for any purposes consistent with this article;

            (31) To cooperate with the states of Kentucky and Virginia and appropriate state and local officials and community leaders in those states to connect the trails of the West Virginia portion of the Hatfield-McCoy recreation area with similar recreation facilities in those states;

            (32) (28) To enter into contracts or other appropriate legal arrangements with landowners under which their land is made available for use as part of the Hatfield-McCoy Recreation Area; and

            (33) (29) To directly operate and manage recreation activities and facilities within the Hatfield-McCoy Recreation Area.

§20-14-8. Prohibited acts, penalty.

            (a) Any person who violates any of the rules promulgated by the board pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for each offense.

            (b) Any person who violates any of the rules promulgated by the board pursuant of this article relating to permits or failure to purchase a permit, safety violations or other civil violations is subject to a civil penalty of $100. Authority rangers shall issue citations for civil violations.

            (c) All civil penalties for civil violations received pursuant to this section shall be remitted to the Hatfield-McCoy Regional Recreation Authority for use by the board in is discretion for the benefit of the Hatfield-McCoy Recreation Area. Effective July 1, 2008, the special revenue fund known as the Hatfield-McCoy Recreation Fund shall be terminated, and any and all funds remaining in the fund shall be transferred from the fund and remitted to the Hatfield-McCoy Regional Recreation Authority for use by the board in its discretion for the benefit of the Hatfield-McCoy Recreation Area.

            (a) A person may not enter or remain upon the Hatfield-McCoy Recreation Area without a valid, nontransferrable user permit issued by the authority and properly displayed, except properly identified landowners or leaseholders or their officers, employees or agents while on the land that the person owns or leases for purposes related to the ownership or lease of the land and not for recreational purposes;

            (b) A person may not consume or possess any alcoholic liquor at any time or any location within the Hatfield-McCoy Recreation Area.

            (c) The operator or passenger of a motor vehicle within the Hatfield-McCoy Recreation Area shall wear size-appropriate protective helmets at all times. All operators and passengers shall wear helmets that meet the current performance specifications established by the American National Standards Institute standard, z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard no. 218 or Snell Memorial Foundation safety standards for protective headgear for vehicle users.

            (d) Each trail user shall obey all traffic laws, traffic-control devices and signs within the Hatfield-McCoy Recreation Area, including those which restrict trails to certain types of motor vehicles, motorcycles or those equipped with roll cages.

            (e) Each trail user shall at all times remain within and on a designated and marked trail while within the Hatfield-McCoy Recreation Area.

            (f) A person may not be on any trail within the Hatfield-McCoy Recreation Area at any time from one half-hour after sunset until one half-hour before sunrise, except in an emergency.

            (g) Every person within the Hatfield-McCoy Recreation Area who is under sixteen years of age shall at all times be under the immediate supervision of and within sight of a person who is at least eighteen years of age and who either is a parent or guardian of the youth or has the express permission of a parent or guardian to supervise the youth. No parent, guardian or supervising adult may allow a child under the age of sixteen years to leave that person's sight and supervision within the Hatfield-McCoy Recreation Area.

            (h) A person may not ignite or maintain any fire within the Hatfield-McCoy Recreation Area except at a clearly marked location at a trailhead center.

            (i) A person within the Hatfield-McCoy Recreation Area may not operate a motor vehicle in any competition or exhibition of speed, acceleration, racing, test of physical endurance or climbing ability unless in an event sanctioned by the authority.

            (j) Every person operating a motor vehicle within the Hatfield-McCoy Recreation Area shall be subject to all of the duties applicable to the driver of a motor vehicle by the provisions of chapter seventeen-c of this code except where inconsistent with the provisions of this article and except as to those provisions of chapter seventeen-c of this code which by their nature can have no application and may not operate a motor vehicle in violation of those duties.

            (k) A person may not possess a glass container while riding on a motor vehicle within the Hatfield-McCoy Recreation Area.

            (l) A person may not operate or ride in a utility terrain vehicle, as defined in article one, chapter seventeen-f of this code, or any other motor vehicle with bench or bucket seating and a steering wheel for control unless equipped with seat belts meeting at a minimum federal motor vehicle safety standards and properly worn by the driver and all passengers.

            (m) A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100. Prosecution or conviction for the misdemeanor described in this subsection shall not prevent or disqualify any other civil or criminal remedies for the conduct prohibited by this section.

§20-14-9. Limiting liability.

            (a) Notwithstanding the provisions of section three, article twenty-five, chapter nineteen, An owner of land used by or for the stated purposes of the Hatfield-McCoy regional recreation authority, whether with or without charge, owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous or hazardous condition, use, structure or activity on the premises to persons entering for those purposes.

            (b) Notwithstanding the provisions of section three, article twenty-five, chapter nineteen of this code, the landowner or lessor of the property for recreational purposes does not thereby: (a) Extend any assurance that the premises are safe for any purpose; or (b) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or (c) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of these persons.

            (c) (b) Unless otherwise agreed in writing, an owner who grants a lease, easement or license of land to the authority for recreational purposes, whether with or without charge, owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon the land of any dangerous or hazardous conditions, uses, structures or activities thereon. An owner who grants a lease, easement or license of land to the authority for recreational purposes does not by giving a lease, easement or license: (1) Extend any assurance to any person using the land that the premises are safe for any purpose; (2) confer upon those persons the legal status of an invitee or licensee to whom a duty of care is owed; or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of a person who enters upon the leased land. The provisions of this section apply whether the person entering upon the land is an invitee, licensee, trespasser or otherwise.

            (d) (c) Nothing herein limits in any way any liability which otherwise exists for deliberate, willful or malicious infliction of injury to persons or property: Provided, That nothing herein limits in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in his or her use of the land and in his or her activities thereon, so as to prevent the creation of hazards or the commission of waste by himself or herself. Provided, however, That equestrians who are using the land upon which the Hatfield-McCoy recreation area is located but who are not engaged in a commercial profit-making venture are exempt from the provisions of subsection (d), section five, article four, chapter twenty of this code.

§20-14-10. Purchasing and bidding procedures.

            (a) Whenever the authority proposes to purchase or contract for commodities or services reasonably anticipated to equal or exceed $2,500 in cost, the purchase or contract shall be based on competitive bids. Where the purchase of particular commodities or services is reasonably anticipated to be $25,000 or less, the executive director may, on behalf of the authority, solicit bids or price quotes in any manner that the executive director deems appropriate and the authority shall obtain its commodities or services by the lowest bid. In lieu of seeking bids or quotes for commodities or services in this price range, the authority may purchase those commodities and services pursuant to state master contracts as provided in section ten-e, article three, chapter five-a of this code.

            (b) Where the cost for the purchase of commodities or services is reasonably anticipated to exceed $25,000, the executive director shall solicit sealed bids for the commodities or services to be provided. Provided, That the executive director may permit bids by electronic transmission be accepted in lieu of sealed bids. Bids shall be solicited by public notice. The notice shall be published as a Class II legal advertisement in all participating counties in compliance with the provisions of article three, chapter fifty-nine of this code, and by such other means as the executive director deems appropriate. The notice shall state the general character of the work and general character of the materials to be furnished, the place where plans and specifications therefor may be examined and the time and place of receiving bids. After all bids are received, the authority shall enter into a written contract with the lowest responsible bidder; however, the authority may reject any or all bids that fail to meet the specifications required by the authority or that exceed the authority's budget estimation for those commodities or services. If the executive director determines in writing that there is only one responsive and responsible bidder and that there has been sufficient public notice to attract competitive bids, he or she may negotiate the price for a noncompetitive award or the specifications for a noncompetitive award based solely on the original purpose of the solicitation.

            (c) For any contract that exceeds $25,000 in total cost, the authority shall require the vendors to post a bond, with form and surety to be approved by the authority, in an amount equal to at least fifty percent of the contract price conditioned upon faithful performance and completion of the contract.

            (d) The bidding requirements specified in this section do not apply to any leases for real property upon which the authority makes improvements for public access to the recreation area, information distribution and welcome centers. This exemption does not apply to leases for offices, vehicle and heavy equipment storage or administrative facilities.

            (e) Any person who violates a provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not less than ten days nor more than one year, or fined not less than $10 nor more than $1000, or both confined and fined.

§20-14-11. Conflicts of interest prohibiting certain contracts.

            (a) No contract, change order to a prior contract or renewal of any contract may be awarded or entered by the authority to any vendor or prospective vendor when the vendor or prospective vendor is a member of the board or an employee of the authority, or a spouse, sibling, child or parent of a member of the board or an employee of the authority or to any vendor or prospective vendor in which a member of the board or employee of the authority, or a spouse, sibling, child or parent of a member of the board or an employee of the authority has an ownership interest of greater than five percent.

            (b) No contract, change order to a prior contract or renewal of any contract may be awarded or entered by the authority to any vendor or prospective vendor when the vendor or prospective vendor is a member of the West Virginia Legislature, or a spouse, sibling, child or parent of a member of the Legislature, or to any vendor or prospective vendor in which a member of the Legislature or a spouse, sibling, child or parent of a member of the Legislature, has an ownership interest of greater than five percent.

            (c) All responses to bid solicitations, requests for quotation, requests for proposal, contracts, change orders and contract renewals with the authority submitted or approved under the provisions of this article shall include an affidavit that the vendor or prospective vendor is not in violation of this section.

            (d) Any person who violates a provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not less than ten days nor more than one year, or fined not less than $10 nor more than $1000, or both confined and fined.

§20-14-12. Civil remedies for unlawful purchasing and contracts.

            The county commission of any participating county may challenge the validity of any contract or purchase entered, solicited or proposed by the authority in violation of sections ten or eleven of this article by seeking declaratory or injunctive relief in the circuit court of the county of the challenging party. If the court finds by a preponderance of evidence that the provisions of sections ten or eleven of this article have been violated, the court may declare the contract or purchase to be void and may grant any injunctive relief necessary to correct the violations and protect the funds of the authority as a joint development entity.

ARTICLE 15. ATV RESPONSIBILITY ACT.

§20-15-2. Definitions.

            The terms in this article have the following meaning, unless the context clearly requires a different meaning:

            (1) ‘All-terrain vehicle’ or ‘ATV’ means any motor vehicle designed for off-highway use and designed to travel on not less than three low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control and intended by the manufacturer to be used by a single operator or by an operator and no more than one passenger.

            (2) ‘Authorized outfitter’ or ‘licensee’ means a commercial outfitter, which is a person, partnership, limited liability company (‘LLC’), corporation, other organization, or any combination thereof, licensed by the Hatfield-McCoy Regional Recreation Authority, who operates from any temporary or permanent camp, private or public lodge, or private home, who provides guided tours or the rental of all-terrain vehicles, utility-terrain vehicles or motorcycles for use on assigned lands for monetary profit or gain.

            (3) ‘Low-pressure tire’ means every tire in which twenty pounds per square inch or less of compressed air is designed to support the load.

            (4) ‘Motorcycle’ means any motor vehicle manufactured with no more than two wheels and having a seat or saddle for the use of the operator.

            (5) ‘Participant’ means any person using the land, trails and facilities of the Hatfield-McCoy Regional Recreation Authority.

            (6) ‘Utility-terrain vehicle’ or ‘UTV’ means any motor vehicle with four or more low-pressure tires designed for off-highway use having bench or bucket seating for each occupant and a steering wheel for control.

§20-15-5. Duties of participants.

            (a) All participants:

            (1) Shall comply with any requirements established by law, including those in section one, article one, chapter seventeen-f of this code, which defines those acts prohibited by operators of all-terrain vehicles;

            (2) Shall comply with the rules or regulations established for use of the Hatfield-McCoy Recreation Area;

            (3) Shall, as to the Hatfield-McCoy Regional Recreation Authority or to any recreation area landowner, lessor, authorized outfitter or licensee, expressly assume the risk of and legal responsibility for any injury, loss or damage to person or property which results from participation in operating an all-terrain vehicle, utility-terrain vehicle or motorcycle, and caused by any of the following:

            (A) Variations in terrain, slope or angle of terrain;

            (B) Surface or subsurface conditions including: Rocks, trees or other forms of forest growth or debris;

            (C) Collisions with signs, markers, width restrictors, culverts, bridges, pipes, equipment, vehicles or any other objects or fixtures used in trail management, maintenance, construction or development;

            (D) Collisions with signs, markers, pipes, equipment, vehicles or any component thereof used in natural resource maintenance, development or extraction;

            (E) Collisions with electrical transmission poles, towers, lines, guy wires or any component thereof;

            (4) Shall obey all rules or instructions announced by the Hatfield-McCoy Regional Recreation Authority, authorized outfitter or licensee, with regard to the operation of the all-terrain vehicle or motorcycle he or she is operating; and

            (5) Shall wear all safety equipment provided by the authorized outfitter or licensee, or which might otherwise be required by law.

            (b) Each participant shall have the sole individual responsibility for:

            (1) Knowing the range of his or her own ability to negotiate any slope or trail;

            (2) Operating the ATV, UTV or motorcycle within the limits of the participant’s own ability;

            (3) Maintaining reasonable control of speed and course at all times;

            (4) Heeding all posted warnings;

            (5) Operating only on trails designated by the Hatfield-McCoy Regional Recreation Authority; and

            (6) Refraining from acting in a manner which a reasonable person would believe to be likely to cause or contribute to the injury of any person.

            (c) If while riding an ATV, UTV or motorcycle any participant collides with any object or person, the responsibility for the collision shall be solely that of the participant or participants involved and not that of the Hatfield-McCoy Regional Recreation Authority, any recreation area landowner, lessor, authorized outfitter or licensee unless the Hatfield-McCoy Regional Recreation Authority, recreation area landowner, lessor, authorized outfitter or licensee or their agent caused the collision in a tortious manner.

            (d) After an accident, a participant may not leave the area where the accident took place without:

            (1) Leaving personal identification, including his or her name and address;

            (2) Notifying the proper authorities; and

            (3) Obtaining assistance when he or she knows or reasonably should know that any other person involved in the accident is in need of medical or other assistance.

            (e) Where a participant is a lawful passenger, that participant may not distract or perform any act which might interfere with the safe operation of the all-terrain vehicle, utility-terrain vehicle or motorcycle of which he or she is a passenger.

            (f) Any person under the age of sixteen years shall remain under the direct supervision and within sight of a parent or guardian both of whom must otherwise comply with state or federal laws and any rules or regulations promulgated thereunder.

            (g) A participant may not make any alterations or tamper with the all-terrain vehicle, utility-terrain vehicle or motorcycle he or she is operating or of which he or she is a passenger in any way which would interfere with the continued safe operation of that machine.

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.

§30-29-1. Definitions.

            For the purposes of this article, unless a different meaning clearly appears in the context:

            (1) ‘Approved law-enforcement training academy’ means any training facility which is approved and authorized to conduct law-enforcement training as provided in this article;

            (2) ‘Chief executive’ means the superintendent of the State Police; the chief natural resources police officer of the Division of Natural Resources; the sheriff of any West Virginia county; any administrative deputy appointed by the chief natural resources police officer of the Division of Natural Resources; or the chief of any West Virginia municipal law-enforcement agency;

            (3) ‘County’ means the fifty-five major political subdivisions of the state;

            (4) ‘Exempt rank’ means any noncommissioned or commissioned rank of sergeant or above;

            (5) ‘Governor's committee on crime, delinquency and correction’ or ‘Governor's committee’ means the Governor's committee on crime, delinquency and correction established as a state planning agency pursuant to section one, article nine, chapter fifteen of this code;

            (6) ‘Law-enforcement officer’ means any duly authorized member of a law-enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality thereof, other than parking ordinances, and includes those persons employed as campus police officers at state institutions of higher education in accordance with the provisions of section five, article four, chapter eighteen-b of this code, and persons employed by the Public Service Commission as motor carrier inspectors and weight enforcement officers charged with enforcing commercial motor vehicle safety and weight restriction laws although those institutions and agencies may not be considered law-enforcement agencies. The term also includes those persons employed as rangers by the Hatfield-McCoy Regional Recreation Authority in accordance with the provisions of section six, article fourteen, chapter twenty of this code, or by resort area districts in accordance with the provisions of section twenty-three, article twenty-five, chapter seven of this code, although neither the authority nor any no resort area district may be considered a law-enforcement agency: Provided, That the subject rangers shall pay the tuition and costs of training. As used in this article, the term ‘law-enforcement officer’ does not apply to the chief executive of any West Virginia law-enforcement agency or any watchman or special natural resources police officer;

            (7) ‘Law-enforcement official’ means the duly appointed chief administrator of a designated law-enforcement agency or a duly authorized designee;

            (8) ‘Municipality’ means any incorporated town or city whose boundaries lie within the geographic boundaries of the state;

            (9) ‘Subcommittee’ or ‘law-enforcement professional standards subcommittee’ means the subcommittee of the Governor's committee on crime, delinquency and correction created by section two of this article; and

            (10) ‘West Virginia law-enforcement agency’ means any duly authorized state, county or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality thereof: Provided, That neither the Hatfield-McCoy Regional Recreation Authority, the Public Service Commission nor any state institution of higher education nor any resort area district is a law-enforcement agency.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-6. Exceptions as to prohibitions against carrying concealed handguns; exemptions from licensing fees.

            (a) The licensure provisions set forth in this article do not apply to:

            (1) Any person:

            (A) Carrying a deadly weapon upon his or her own premises;

            (B) Carrying a firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business; or

            (C) Possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;

            (2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons;

            (3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this code;

            (4) Any employee of the West Virginia Division of Corrections duly appointed pursuant to the provisions of section eleven-c, article one, chapter twenty-five of this code while the employee is on duty;

            (5) Any member of the armed forces of the United States or the militia of this state while the member is on duty;

            (6) Any resident of another state who holds a valid permit or license to possess or carry a handgun issued by a state or a political subdivision subject to the provisions and limitations set forth in section six-a of this article;

            (7) Any federal law-enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer’s duty; and

            (8) Any Hatfield-McCoy Regional Recreation Authority Ranger while the ranger is on duty; and

            (9) (8) Any parole officer appointed pursuant to section fourteen, article twelve, chapter sixty-two of this code in the performance of their duties.

            (b) On and after July 1, 2013, the following judicial officers and prosecutors and staff shall be exempted from paying any application fees or licensure fees required under this article. However, on and after that same date, they shall be required to make application and satisfy all licensure and handgun safety and training requirements set forth in section four of this article before carrying a concealed handgun in this state:

            (1) Any justice of the Supreme Court of Appeals of West Virginia;

            (2) Any circuit judge;

            (3) Any retired justice or retired circuit judge designated senior status by the Supreme Court of Appeals of West Virginia;

            (4) Any family court judge;

            (5) Any magistrate;

            (6) Any prosecuting attorney;

            (7) Any assistant prosecuting attorney; or

            (8) Any duly appointed investigator employed by a prosecuting attorney.”

            The bill was then ordered to third reading.

            Com. Sub. for H. B. 2381, Providing a teacher mentoring increment for classroom teachers with national board certification who teach and mentor at certain schools; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Pasdon, the bill was amended on page four, section §18A-4-2c, line thirty-six following the words “eligible again at”, by inserting the words “the same school if it continues to be persistently low performing or at”.

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2478, Relating to public school finance; on second reading, coming up in regular order, was read a second time

            On motion of Delegates Espinosa, Moye, Ashley, Anderson, Williams and E. Nelson, the bill was amended on page five, section six-f, following line fifty-six, by reinserting subsections (d) and (e) as follows:

            “(d) Growth County School Facilities Act. -– Legislative findings. –

            The Legislature finds and declares that there has been, overall, a statewide decline in enrollment in the public schools of this state; due to this decline, most public schools have ample space for students, teachers and administrators; however, some counties of this state have experienced significant increases in enrollment due to significant growth in those counties; that those counties experiencing significant increases do not have adequate facilities to accommodate students, teachers and administrators. Therefore, the Legislature finds that county boards of education in those high-growth counties should have the authority to designate revenues generated from the application of the regular school board levy due to new construction or improvements placed in a Growth County School Facilities Act Fund be used for school facilities in those counties to promote the best interests of this state’s students.

            (1) For the purposes of this subsection, ‘growth county’ means any county that has experienced an increase in second month net enrollment of fifty or more during any three of the last five years, as determined by the state Department of Education.

            (2) The provisions of this subsection shall only apply to any growth county, as defined in subdivision (1) of this subsection, that, by resolution of its county board of education, chooses to use the provisions of this subsection.

            (3) For any growth county, as defined in subdivision (1) of this subsection, that adopts a resolution choosing to use the provisions of this subsection, pursuant to subdivision (2) of this subsection, assessed values resulting from additional appraisal or valuation due to new construction or improvements to existing real property shall be designated as new property values and identified by the county assessor. The statewide regular school board levy rate as established by the Legislature shall be applied to the assessed value designated as new property values and the resulting property tax revenues collected from application of the regular school board levy rate shall be placed in a separate account designated as the Growth County School Facilities Act Fund. Revenues deposited in the Growth County School Facilities Act Fund shall be appropriated by the county board of education for construction, maintenance or repair of school facilities. Revenues in the fund may be carried over for an indefinite length of time and may be used as matching funds for the purpose of obtaining funds from the School Building Authority or for the payment of bonded indebtedness incurred for school facilities. For any growth county choosing to use the provisions of this subsection, estimated school board revenues generated from application of the regular school board levy rate to new property values are not to be considered as local funds for purposes of the computation of local share under the provisions of section eleven, article nine-a, chapter eighteen of this code.

            (e) This section, as amended during the legislative session in the year 2004, shall be effective as to any regular levy rate imposed for the county boards of education for taxes due and payable on or after July 1, 2004. If any provision of this section is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or its application and to this end the provisions of this section are declared to be severable.”

            On page twenty-four, section eleven, beginning on line eight-one, by reinserting subsection (e) as follows:

            “(e) For purposes of any computation made in accordance with this section, in any county where the county board of education has adopted a resolution choosing to use the Growth County School Facilities Act set forth in section six-f, article eight, chapter eleven of this code, estimated school board revenues generated from application of the regular school board levy rate to new property values, as that term is designated in said section, may not be considered local share funds and shall be subtracted before the computations in subdivisions (1) and (2), subsection (a) of this section are made.”

            And,

            Redesignating the remaining subsection accordingly.

            An amendment, recommended by Delegate Statler, was reported by the Clerk on page twenty-nine, section §18-9A-twelve, lines eighty through one hundred, by striking out subsection (c).

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

            The yeas and nays having been ordered, they were taken (Roll No. 230), and there were--yeas 46, nays 44, absent and not voting 10, with the nays and absent and not voting being as follows:

            Nays: Mr. Speaker, Mr. Armstead, Ambler, Anderson, Ashley, Azinger, Boggs, Butler, Byrd, Cadle, Canterbury, Cowles, Eldridge, A. Evans, D. Evans, Ferro, Foster, Gearheart, Guthrie, Hamilton, Hamrick, Hanshaw, Hicks, Howell, Ihle, Lynch, McCuskey, Moffatt, Moore, E. Nelson, J. Nelson, O'Neal, Perdue, L. Phillips, R. Phillips, Rowan, Rowe, P. Smith, R. Smith, Stansbury, Wagner, Walters, Westfall, B. White and Williams.

            Absent and Not Voting: Cooper, Deem, Ellington, Marcum, Morgan, Reynolds, Rohrbach, Romine, Storch and Trecost.

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

            The bill was then ordered to engrossment and third reading.

            H. B. 2658, Relating to the inspection and slaughter of nontraditional agriculture; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2716, Relating to charitable organizations; on second reading, coming up in regular order, was, at the request of Delegate Cowles, and by unanimous consent, laid over one day, retaining its place on the calendar.

            H. B. 2760, Making a supplementary appropriation to the Bureau of Senior Services -Lottery Senior Citizens Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2764, Making a supplementary appropriation to the State Department of Education - School Building Authority; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2793, Relating to exemptions from mandatory school attendance; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2811, Deleting obsolete provisions regarding the Physicians' Mutual Insurance Company; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2812, Clarifying use of subsistence allowance in determining compensation for purposes of calculating pension benefits for natural resources police officers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2823, Eliminating the street and interurban and electric railways tax; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 2876, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2934, Repealing the common core standards; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Butler, the bill was amended on page twelve, section five-b, line one hundred sixty-two, paragraph (A) and inserting in lieu thereof a new paragraph (A) to read as follows:

            “(A) The Common Core Standards as approved by the Board in May, 2010, and the subsequent Next Generation Content Standards and Objectives as approved by the Board in August 2011, are repealed”; followed by a semicolon.

            Delegate Miley arose, and being recognized, moved to commit Com. Sub. for H. B. 2934, Repealing the common core standards to the Committee on Finance.

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

            The yeas and nays having been ordered, they were taken (Roll No. 231), and there were--yeas 33, nays 59, absent and not voting 8, with the yeas and absent and not voting being as follows:

            Yeas: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, D. Evans, Ferro, Fleischauer, Fluharty, Guthrie, Hanshaw, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, H. White and Williams.

            Absent and Not Voting: Deem, Ellington, Marcum, Morgan, Reynolds, Rohrbach, Storch and Trecost.

            So, two thirds of the members present and voting not having voted in the affirmative, the motion was rejected.

            The bill was then ordered to engrossment and third reading.

            H. B. 2976, Expanding the eligible master's and doctoral level programs for which a Nursing Scholarship may be awarded; on second reading, coming up in regular order, was read a second time and 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:

            S. B. 473, Making supplementary appropriation of federal funds to DMAPS, WV State Police,

            S. B. 476, Making supplementary appropriation to Department of Administration, Division of Purchasing, Purchasing Improvement Fund,

            Com. Sub. for H. B. 2048, Relating to juvenile proceedings,

            Com. Sub. for H. B. 2368, Relating to child welfare,

            Com. Sub. for H. B. 2395, Storm Scammer Consumer Protection Act,

            Com. Sub. for H. B. 2474, Relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind,

            Com. Sub. for H. B. 2485, Relating to the West Virginia Future Fund,

            Com. Sub. for H. B. 2496, Adopting the Interstate Medical Licensure Compact,

            Com. Sub. for H. B. 2536, Relating to travel insurance limited lines producers,

            And,

            Com. Sub. for H. B. 2550, Increasing the number of unexcused absences of a student before action may be taken against the parent.

            Com. Sub. for H. B. 2688, Providing for the unitization of interests in drilling units in connection with all horizontal oil or gas wells; on first reading, coming up in regular order, was read a first time.

            Pursuant to House Rule 103, Delegate McGeehan moved that H. B. 2688 be rejected.

Speaker Pro Tempore in the Chair

            Mr. Speaker, Mr. Armstead, requested to be excused from voting on Com. Sub. for H. B. 2688 under the provisions of House Rule 49.

            Speaker Pro Tempore Anderson replied that Speaker Armstead was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Gentleman from voting.

Mr. Speaker, Mr. Armstead, in the Chair

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

            The yeas and nays having been ordered, they were taken (Roll No. 232), and there were--yeas 33, nays 57, absent and not voting 10, with the yeas and absent and not voting being as follows:

            Yeas: Blair, Butler, Byrd, Campbell, Canterbury, Caputo, Eldridge, Faircloth, Fast, Fleischauer, Fluharty, Folk, Gearheart, Guthrie, Hamilton, Hicks, Ihle, Lane, Longstreth, Lynch, Manchin, McGeehan, Moffatt, Moye, J. Nelson, Perdue, Perry, Pushkin, Rodighiero, Rowe, Skinner, Wagner and H. White.

            Absent and Not Voting: Boggs, Deem, Ellington, Howell, Marcum, Morgan, Reynolds, Rohrbach, Storch and Trecost.

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

            The bill was then ordered to second reading.

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

            Com. Sub. for H. B. 2728, Relating to risk-based capital reporting for health organizations,

            Com. Sub. for H. B. 2790, Relating to minimum responsibility limits of car insurance,

            And,

            Com. Sub. for H. B. 2829, Defining “midwife”, “certified midwife” and “midwifery”.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            Com. Sub. for H. B. 2457, Prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            H. B. 2523, Creating a special revenue account to offset costs for the West Virginia State Police 100th Anniversary in 2019.

            A message from the Senate, by

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

            S. B. 63 - “A Bill to amend and reenact §29-26-2 of the Code of West Virginia, 1931, as amended, relating to modifying funding assistance from Courthouse Facilities Improvement Authority; and changing definition of facilities that are eligible for funding assistance from courthouse facilities that are occupied by county or judicial officials to ones that are currently owned and occupied by those officials or upon renovation will be owned and occupied by those officials”; which was referred to the Committee on the Judiciary then Fiance.

            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. 291 - “A Bill to amend and reenact §5-3-3 and §5-3-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-3-3a, all relating generally to appointment of assistants to the Attorney General; establishing competitive bidding process for the use of private attorneys in certain matters by the Attorney General; requiring reports on certain legal causes and matters to the Governor, President of the Senate and Speaker of the House; outlining contents of those reports; and defining terms”; 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. 347 - “A Bill to repeal §61-7-3 and §61-7-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §20-2-5 and §20-2-6a of said code; and to amend and reenact §61-7-4 of said code, all relating to creating the West Virginia Firearms Act of 2015; removing requirement one must have a license to carry a concealed handgun; repealing exceptions section of said code to prohibitions against carrying concealed handguns without a license and removing exemptions from licensing fees; authorizing carrying a handgun for purposes of self defense while in the woods of this state whether concealed or not; providing that if findings of fact and conclusions of law of the court fail to uphold denial of a license, the applicant is entitled to reasonable costs and attorney's fees, payable by the sheriff's office which issued denial; defining who is prohibited from possessing firearms and retaining criminal penalties for violations; and establishing procedure for sheriff in determining eligibility for license when license holder changes home county”; 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. 377 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating generally to manufacturers and sellers of prescription drugs and medical devices and liability of those entities for alleged inadequate warning or instruction; and adopting the learned intermediary doctrine as defense to civil action based upon inadequate warnings or instructions”; 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, to take effect May 17, 2015, and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 393 - “A Bill to amend and reenact §49-1-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §49-5-2a, §49-5-3, §49-5-11, §49-5-11a, §49-5-13, §49-5-13a, §49-5-14, §49-5-15, §49-5-17 and §49-5-20 of said code; to amend said code by adding thereto four new sections, designated §49-5-13h, §49-5-13i, §49-5-22 and §49-5-23; to amend and reenact §49-5B-4 and §49-5B-5 of said code; to amend and reenact §49-5D-3 and §49-5D-3c of said code; to amend and reenact §49-5E-2 of said code; and to amend said code by adding thereto two new sections, designated §49-5E-9 and §49-5E-10, all relating generally to juvenile justice reform; defining terms; providing mandatory prepetition diversion process for juveniles who commit status offenses and misdemeanor offenses effective July 1, 2016; establishing prepetition review team; providing that a juvenile may be referred to a truancy diversion specialist prior to filing of petition; permitting court to order completion of community services; requiring court to consider results of risk and needs assessment of the juvenile prior to dispositional proceedings; requiring inclusion of accepted treatment and rehabilitation goals for juveniles in certain findings of fact; providing that a juvenile adjudicated as a status offender may not be placed in out-of-home placement in certain circumstances; providing that a juvenile adjudicated delinquent for a misdemeanor offense may not be placed in out-of-home placement in certain circumstances; requiring court to issue certain findings of fact if a juvenile is to be placed in a residential facility; providing for standardized screener to conduct a psychological evaluation of the juvenile in certain circumstances; providing that a court shall make all reasonable efforts to keep the juvenile in his or her home; permitting court to include reasonable and relevant orders to parents in its disposition order for a juvenile; providing that juveniles may only be transferred to juvenile diagnostic centers under certain circumstances; authorizing creation of restorative justice programs; establishing individualized case planning; establishing review and modification procedures for probation dispositional orders; authorizing the Supreme Court of Appeals to develop community-based juvenile probation sanctions and incentives; requiring aftercare plan for all juvenile out-of-home placements; providing for disclosure of juvenile records to Department of Health and Human Resources social workers for case planning and to the juvenile’s family; providing for adoption of risk and needs assessment and validation thereof; providing for aggregate data collection related to outcomes and disproportional minority contact; requiring dedication of a percentage of funding for community services to evidence-based practices; establishing criteria for transition to juvenile’s home setting following out-of-home placement; providing for cooperative agreements solely between the Department of Health and Human Resources and private agencies to house status offenders; providing for multidisciplinary team meetings; establishing members of multidisciplinary team; providing that multidisciplinary team shall advise court on treatment and rehabilitation goals for the juvenile; providing that multidisciplinary team shall monitor the juvenile’s progress; providing that the Director of the Division of Juvenile Services may transfer custody of a juvenile to the Department of Health and Human Resources; establishing community-based youth reporting centers; establishing the Juvenile Justice Reform Oversight Committee; and making technical revisions”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect July 1, 2015, of

            S. B. 398, Extending expiration date for health care provider tax on eligible acute care hospitals.

            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. 409 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-22-3, relating to establishing the Fair and Open Competition in Governmental Construction Act; providing legislative findings; defining terms; prohibiting project labor agreements from being part of the competitive bid process on governmental construction projects; prohibiting project labor agreements from being a condition for receiving a grant, tax abatement or tax credit for construction projects; providing exclusions; and establishing a process for an exemption.”; 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. 411 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6, §55-7E-7, §55-7E-8, §55-7E-9, §55-7E-10 and §55-7E-11; and that said code be amended by adding thereto a new article, designated §55-7F-1, §55-7F-2, §55-7F-3, §55-7F-4, §55-7F-5, §55-7F-6, §55-7F-7, §55-7F-8, §55-7F-9 and §55-7F-10, all relating to procedures for determining liability for exposures to asbestos or silica; setting forth findings and purposes; setting forth definitions; requiring disclosures of existing and potential asbestos bankruptcy trust claims; establishing legal standards and procedures for the handling of certain asbestos and silica claims; providing for sanctions; establishing procedures for set offs and credits; establishing medical criteria procedures for certain asbestos and silica claims; providing for statute of limitations standards and other limitations on liability; and providing for applicability future asbestos and silica claims”; 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. 413 - “A Bill to amend and reenact §19-16A-12 of the Code of West Virginia, 1931, as amended, relating to pesticide control; and requiring certain additional requirements for commercial applicators”; which was referred to the Committee on Agriculture and Natural Resources then Government Organization.

            A message from the Senate, by

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

            Com. Sub. for S. B. 416 - “A Bill to repeal §7-18-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-18-1 and §7-18-3 of said code, all relating to eliminating exemption from hotel occupancy taxes on rental of hotel and motel rooms for thirty or more consecutive days; redefining certain terms; exempting hotel rooms occupied by federal or state officials on official business and complimentary hotel rooms provided without charge to guests from tax; and retroactive application”; which was referred to the Committee on Political Subdivisions then Finance.

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

            S. B. 434 - “A Bill to amend and reenact §19-23-12b and §19-23-13b of the Code of West Virginia, 1931, as amended, all relating to approvals of televised racing days and simulcast contracts by Horsemen’s Benevolent and Protective Association; reducing racing days; providing additional reason for reduction in live racing dates; notifying mutual clerks and Horsemen’s Benevolent and Protective Association of request to reduce racing dates; determining reduction in live racing dates at special commission meeting; and eliminating certain restrictions on moneys placed in purse fund”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 486 - “A Bill to amend and reenact §17A-3-23 of the Code of West Virginia, 1931, as amended, relating to removing requirement for vehicles operated by West Virginia Wing of the Civil Air Patrol to display front license plates with white lettering on a green background bearing the words ‘West Virginia’ in one line and the words ‘State Car’ in another line; authorizing special license plates for Civil Air Patrol vehicles; and establishing fee to be paid per special license plate”; which was referred to the Committee on Roads and Transportation then the Judiciary.

            A message from the Senate, by

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

            S. B. 518 - “A Bill to amend and reenact §7-12-7 and §7-12-12 of the Code of West Virginia, 1931, as amended, all relating generally to granting the power to county and municipal economic development authorities to invest funds received from the sale, lease or other disposition of real or personal property owned by such authority in a manner determined by the authority’'s board of directors to be in the best interest of the authority”; which was referred to the Committee on Government Organization then Finance.

            A message from the Senate, by

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

            S. B. 532 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5 and §55-7E-6, all relating to immunity from civil liability for clinical practice plans and personnel associated with medical and dental schools; providing legislative findings and declarations of public purpose; defining terms; limiting civil liability for clinical practice plans and their directors, officers, employees, agents and contractors; providing for minimum medical professional liability insurance requirements; and determining the applicability and construction of the immunity from civil liability”; which was referred to the Committee on the Judiciary then Finance.

            A message from the Senate, by

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

            Com. Sub. for S. B. 537 - “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to school calendar; and changing mandatory instructional days from one hundred eighty days to minutes based upon minimum amount of hours of instruction offered to students provided by state board rules”; which was referred to the Committee on Education.

            A message from the Senate, by

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

            S. B. 559 - “A Bill to amend and reenact §30-30-18 of the Code of West Virginia, 1931, as amended, relating to exemptions from the social work licensing requirements of this article”; which was referred to the Committee on Government Organization.

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

Committee Reports

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

            Your Committee on Finance has had under consideration:

            H. B. 2226, Eliminating dedication of corporation net income tax revenues to and deposits of such revenues into the Special Railroad Intermodal Enhancement Fund,

            And,

            H. B. 2877, Relating to electronic filing of tax returns and electronic funds transfers in payment of taxes,

            And reports the same back with the recommendation that they each do pass.

            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. 2827, Abolishing the James “Tiger” Morton catastrophic illness fund and commission,

            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. 2827) was referred to the Committee on Finance.

            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:

             S. B. 435, Creating WV Sheriffs' Bureau of Professional Standards,

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

            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:

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

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

            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. 2878, Creating a one-stop electronic business portal in West Virginia,

            And reports back a committee substitute therefor, with the same title, as follows:

            Com. Sub. for H. B. 2878 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31D-1-131, relating to creating a one-stop electronic business portal in West Virginia.”

            With the recommendation that the committee substitute do pass.

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

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

            H. B. 2999, Relating to neonatal abstinence centers,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2999 - “A Bill to amend and reenact §16-2D-5 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §16-2D-5f, to amend said code by adding thereto a new article, designated §16-2M-1, §16-2M-2 and §16-2M-3; all relating to neonatal abstinence centers; authorizing neonatal abstinence centers; requiring the secretary to promulgate a licensure program and rules; requiring the state agency to consider neonatal abstinence care as a unique service in conducting certificate of need review; exempting neonatal abstinence centers from moratoriums on certain nursing facilities; prohibiting the Health Care Authority from ordering a moratorium on skilled nursing facilities providing services for children under one year of age suffering from Neonatal Abstinence Syndrome; and exempting such facilities from current moratoriums,”

            With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.

            In the absence of objection, reference of the bill (Com. Sub. for S. B. 2999) to the Committee on the Judiciary was abrogated.

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

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

            H. B. 2961, Relating to abuse-deterrent opioid analgesic drugs,

            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. 2961) was referred to the Committee on the Judiciary.

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

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

            Com. Sub. for S. B. 286, Relating to compulsory immunizations of students; exemptions,

            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 (Com. Sub. for S. B. 286) was referred to the Committee on the Judiciary.

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

            Your Committee on Finance has had under consideration:

            S. B. 477, Supplementing, amending, decreasing and increasing appropriation from State Road Fund to DOH,

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

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

            Your Committee on Finance has had under consideration:

            H. B. 2015, Requiring the Legislative Auditor to conduct performance reviews and audits for every government spending unit, including all members of the Board of Public Works and the Legislature,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2015 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-2-4a; and to amend and reenact §4-10-3 of said code, all relating to the examination of spending units by the Legislative Auditor generally; requiring the legislative auditor to make certain post audits during 2015 and to make a report on the post audit process at the direction of the Joint Committee on Government and Finance on or before December 1, 2015, that includes recommendations for the formulation of a regular schedule for making post audits of each spending unit of the state government; providing for a report to the Legislature by the Joint Committee on Government and Finance; and clarifying definitions of certain terms,”

            H. B. 2466, Exempting valid nonprofit organizations from licensing requirements of the West Virginia Alcoholic Beverage Control Authority during certain events,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. B. 2466 - “A Bill to amend and reenact §18-17-1 of the Code of West Virginia, 1931, as amended, relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind; updating reference to minimum salaries in effect for personnel at facilities under jurisdiction of the State Board of Education; and authorizing board to establish salary schedules or compensation in excess of the minimums for certain teachers at the West Virginia Schools for the Deaf and the Blind,”

            And,

            H. B. 2515, Relating to elk restoration,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. B. 2515 - “A Bill to amend and reenact §11-13A-5b of the Code of West Virginia, 1931, as amended, relating to the West Virginia Future Fund; and prohibiting deposits into the fund in years when certain state retirement systems are not funded to ninety percent or more of their actuarial accrued liabilities,”

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on Finance has had under consideration:

            S. B. 471, Making supplementary appropriation of federal funds to DHHR, Human Rights Commission, and DHHR, DHS,

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

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

            Your Committee on Energy has had under consideration:

            H. B. 2816, Relating to the eligibility of a mine operator to receive a tax credit for performing reclamation or remediation at a bond forfeiture site,

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

            In the absence of objection, reference of the bill (H. B. 2816) to the Committee on Finance was abrogated.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2521, Clarifying the scope, application and methods for error correction required by the CPRB,

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

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 3011, Relating to the Uniform Controlled Substance Act,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 3011) was referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2585, Requiring leaseholders of mineral interests to notify the owners of the minerals when there is an assignment of the lease to another party,

            And reports back a committee substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 2585 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-4-9b, relating to requiring leaseholders of mineral interests to notify the owners of the minerals in writing when there is an assignment of the lease to another party,”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on Finance has had under consideration:

            H. B. 2916, Providing limited borrowing authority to the Governor for the completion of renovations to Capitol Complex Building 3,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. B. 2916 - “A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to providing limited authority to the Governor to borrow amounts from the Revenue Shortfall Reserve Fund for the completion of renovations to Capitol Complex Building 3,”

            H. B. 2840, Providing an alternative plan to make up lost days of instruction,

            And reports back a committee substitute therefore, with a new title, as follows:

            Com. Sub. for H. B. 2840 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-45a, relating to authorizing a county board of education in certain circumstances to provide instruction to students during emergency closures under an alternative plan to make up lost days of traditional instruction in a manner that meets the instructional day and time requirements for not more than four instructional days of accumulated time so that the board is not required to repurpose other days or add additional days of instruction to maintain compliance in reaching the mandatory one hundred eighty separate instructional days,”

            And,

            H. B. 3006, Relating to the determination of the adjusted rate established by the Tax Commissioner for the administration of tax deficiencies,

            And reports back a committee substitute therefore, with the same title, as follows:

            Com. Sub. for H. B. 3006 - “A Bill to amend and reenact §11-10-17a of the Code of West Virginia, 1931, as amended, relating to the determination of the adjusted rate of interest by the Tax Commissioner for the administration of tax deficiencies and overpayments for tax years beginning after December 31, 2016,”

            With the recommendation that the committee substitutes each do pass.

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

            Your Committee on Finance has had under consideration:

            H. B. 2914, Providing for voluntary dissolution of resort area district,

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

            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. 2239, Creating a Board of Health Professions,

            And reports back a committee substitute therefor, with the same title, as follows:

            Com. Sub. for H. B. 2239 - “A Bill to amend and reenact §30-1-19 of the Code of West Virginia, 1931, as amended, relating to logistical advisory committee; setting forth a purpose of the committee; requiring participation from certain entities; providing for membership; providing the ommittee with certain authority; and requiring certain reporting,”

            With the recommendation that the committee substitute do pass.

            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:

            Com. Sub. for S. B. 140, Amending State Administrative Procedures Act,  

            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 (Com. Sub. for S. B. 140) was 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:

             Com. Sub. for S. B. 343, Exempting chiropractors from continuing education requirement on mental health conditions common to veterans,

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

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

            Your Committee on Finance has had under consideration:

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

            S. B. 466, Making supplementary appropriation of federal funds to Department of Commerce,

            S. B. 467, Making supplementary appropriation of federal funds to Department of Agriculture, State Conservation Committee,

            And,

            S. B. 469, Making supplementary appropriation of federal funds to DEP, Division of Environmental Protection,

            And reports the same back with the recommendation that they each do pass.

            On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:

            By Delegates Pasdon, Espinosa, Perry, Statler, Duke, Kelly and Kurchaba:

            H. C. B. 3018 - “ A Bill to amend and reenact §18A-4-5 of the code of West Virginia, 1931, as amended, relating to increasing the allowable range of difference in salary potential of school employees in different counties.”

            On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Pasdon, Perdue, Perry, Rohrbach, Rowan, Perry, Duke, Campbell, Moye, Ambler and Upson:

            H. C. B. 3017 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25b, relating to addressing sudden cardiac arrest in interscholastic athletes; requiring promulgation and minimum contents of rules by West Virginia Secondary School Activities Commission; defining interscholastic athletes; providing guidelines and information about the nature and warning signs of sudden cardiac arrest and the risks; requiring signature and return of information by athlete and parent or guardian prior to practice or competition; requiring head coach complete a commission-approved sudden cardiac arrest recognition and return-to-play protocol course annually; requiring head coach receive instruction on proper administration of cardiopulmonary resuscitation including use of hands-on practicing to support cognitive learning; and listing available sources for potential use in program development.”

Leaves of Absence

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

            Delegate Ferro asked and obtained unanimous consent that all remarks regarding the amendments and passage of Com. Sub. for S. B. 357 be printed in the Appendix to the Journal.

            Delegate Sobonya asked and obtained unanimous consent that the remarks of Delegate Statler regarding H. B. 2748 be printed in the Appendix to the Journal.

            At 7:05 p.m., the House of Delegates adjourned until 1:00 p.m., Saturday, February 28, 2015.