House Journal

__________*__________

 

Saturday, February 28, 2015

FORTY-SIXTH DAY

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

 

 

            The House of Delegates met at 1:00 p.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 Friday, February 27, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Reordering of the Calendar

            Delegate Cowles announced that the Committee on Rules had transferred Com. Sub. for H. B. 2688, on second reading, Special Calendar, to the House Calendar.

Committee Reports

            Delegate 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 bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (Com. Sub. for S. B. 255), Eliminating certain boards, councils, committees, panels, task forces and commissions,

            (S. B. 298), Clarifying funds within Public Employees Retirement Fund,

            (S. B. 299), Clarifying start date of State Police duty-related and nonduty related disability payments,

            (S. B. 302), Relating to state retirement plans,

             And,

            (S. B. 378), Relicensing electricians without retesting under certain circumstances.

            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. 2968, Exempting from property tax certain properties in this state owned by nonprofit youth organizations,

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

            Com. Sub. for H. B. 2968 - “A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting from property tax certain real properties in this state owned by nonprofit youth organizations and built at a cost of at least $100 million; specifying restrictions affecting the property; specifying permitted activities; requiring property owner to pay four percent of net revenues from specified uses, operations and activities; specifying how four percent fee is administered, specifying how monies derived from four percent fee are distributed; requiring reports; and defining terms,”

            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. 2595, Relating to certificates of need for the development of health facilities in this state,

            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. 2795, Providing that when a party’s health condition is at issue in a civil action, medical records and releases for medical information may be requested and required without court order,

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

            Com. Sub. for H. B. 2795 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §56-4-72, all relating to production of medical records; providing in certain circumstances medical records must be produced without court order; prohibiting unilateral restrictions on the maintenance, use or retention of the medical records; requiring the insurance commissioner to promulgate rules; providing that objection to production of medical records is not limited; providing that court ordered production of medical records does not affect application of this section; establishing that an order protecting privacy of medical records may be entered; and, establishing that any action related to unauthorized distribution of medical records is unaffected,”

            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. 2796, Providing paid leave for certain state officers and employees during a declared state of emergency,

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

            Com. Sub. for H. B. 2796 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-15b, relating to providing that certain state employees may be granted a leave of absence with pay while providing assistance as an essential member of an emergency aid provider during a declared state of emergency,”

    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. 2557, Clarifying that an insured driver of a motor vehicle is covered by the driver's auto insurance policy when renting or leasing a vehicle,

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

            Com. Sub. for H. B. 2557 - “A Bill to amend and reenact §33-6-29 of the Code of West Virginia, 1931, as amended, relating generally to motor vehicle insurance policies and coverage provided for rented or leased motor vehicles; clarifying that an insured driver of a motor vehicle is covered by the driver's motor vehicle insurance policy when renting or leasing a motor vehicle; and providing that if the driver renting or leasing a motor vehicle does not have motor vehicle insurance coverage, the rental or leasing car company is the provider of security,”

            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. 2549, Relating to the preparation and publication of county financial statements,

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

            Com. Sub. for H. B. 2549 - “ A Bill to amend and reenact§7-5-16 of the Code of West Virginia, 1931, as amended, relating to changing the deadline of disclosure of county financial statements; requiring publication as a Class I-0 legal advertisement of the county financial statements; and permitting counties to publish financial statements on the county’s website,”            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. 2664, Creating “Andrea and Willy’s Law”; increasing certain penalties for driving under the influence of alcohol, controlled substances or 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 Finance.

            At the request of Delegate Cowles, and by unanimous consent, reference of the bill (H. B. 2664) to the Committee on Finance was dispensed with.

            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. 2931, Adding drugs to the classification of schedule I drugs,

            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. 2636, Exempting information contained in a concealed weapon permit application from the Freedom of Information Act,

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

            Com. Sub. for H. B. 2636 - “A Bill to amend and reenact §29B-1-2 and §29B-1-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §29B-1-3a; to amend and reenact §29B-1-4 of said code; and to amend and reenact §61-7-4 of said code, all relating to the Freedom of Information Act; redefining the term ‘public record’; defining and exempting certain fees and costs for reproduction of records; directing the Secretary of State to establish a database of Freedom of Information requests and publication on the Secretary of State’s website; directing public bodies to report Freedom of Information request information to the Secretary of State; authorizing emergency and legislative rulemaking authority to the Secretary of State; establishing a presumption of public accessibility to public records; revising the exemption for communications received or prepared by any public body; exemption information contained in a concealed weapon permit application from the Freedom of Information Act; authorizing disclosure of exempt information to law enforcement agency; protecting the confidentiality of information collected in an application for a concealed weapon perpit; and providing criminal penalties,”

            With the recommendation that the committee substitute do pass.

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

            Your Committee on Education has had under consideration: 

            H. B. 2867, Requiring recommendations for higher education course credit transfer,

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

            Com. Sub. for H. B. 2867 – “A Bill to of the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18B-14-2, relating to providing for recommendations regarding expanded transfer of course credits among higher education institutions in the state; requiring higher education policy commission and council for community and technical college education to report the recommendations to Legislative Oversight Commission on Education Accountability”,

            With the recommendation that the committee substitute do pass, but that it first be referred to the Committee on Finance.

            At the request of Delegate Cowles, and by unanimous consent, reference of the bill (H. B. 2867) to the Committee on Finance was dispensed with.

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

            Your Committee on Education has had under consideration:

            H. B. 2645, Expanding the availability of the Underwood-Smith Teacher Loan Assistance Program, 

            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.

            At the request of Delegate Cowles, and by unanimous consent, reference of the bill (H. B. 2645) to the Committee on Finance was dispensed with.

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

            Your Committee on Education has had under consideration:

            H. B. 2892, Authorizing certain legislative rules regarding higher education,

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

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

            Your Committee on Education has had under consideration:

            H. B. 2717, Relating to hiring of public school employees.,

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

            Com. Sub. for H. B. 2717 – “A Bill to amend and reenact §18-5-15c of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7 and §18A-2-8a of said code; to amend and reenact §18A-3-10 of said code; to amend and reenact §18A-4-7a of said code; and to amend and reenact §18A-4-8b and §18A-4-8e of said code, all relating to hiring employees in the public schools; expanding the sources from which background checks may be obtained; modifying certain dates regarding certain actions, notices and hearings; modifying certain time periods and required methods of providing notice; modifying individuals to whom certain notice is required; limiting transfers from certain positions and providing exceptions; specifying certain actions of the county board to be in open, public meetings and authorizing certain executive sessions; authorizing county board to require certain actions of superintendent regarding job applicants; and removing requirement of county board to provide certain training”,

            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. 2518, Requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience to policyholders,

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

            Com. Sub. for H. B. 2518 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16-18, relating to requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience to policyholders upon request of a policyholder; identifying the claims loss experience information to be provided; and providing claims information may not include information prohibited from disclosure by any applicable federal or state law,”

            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. 2479, Relating to the powers and authority of state and local law enforcement to enforce underage drinking laws at private clubs,

            And reports the same back with the recommendation that it 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. J. R. 13, The Homestead Exemption Increase Amendment,

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

            Com. Sub. for H. J. R. 13 - “Proposing an amendment to the Constitution of the State of West Virginia, amending an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section one-d, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment,”

            With the recommendation that the committee substitute be adopted.

            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. 2429, Requiring a convicted sex offender who volunteers for an organization whose volunteers have contact with minors to inform that organization of his or her conviction,

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

            Com. Sub. for H. B. 2429 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-12A-1, §15-12A-2 and §15-12A-3, relating to requiring a convicted sex offender who volunteers for an organization whose volunteers have contact with minors to inform that organization of his or her conviction; providing legislative intent and findings; requiring the organization that accepts the sex offender as a volunteer to notify the parents or guardians of those minors of his or her conviction; providing for a limited immunity for organizations; and setting forth penalties,”

            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. 2810, Implementing the West Virginia Property Rescue Initiative to reduce the number of properties posing a threat to public health and safety.

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

            Com . Sub. for H. B. 2810 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-18-28, generally relating to implementing the West Virginia Property Rescue Initiative; providing legislative findings relating to the need of such program; requiring the West Virginia Housing Development Fund to facilitate the West Virginia Property Rescue Initiative; providing that the West Virginia Housing Development Fund provide technical assistance to counties and municipalities for identification, purchase, removal and rehabilitation of dilapidated properties; requiring that the West Virginia Housing Development Fund establish and fund a revolving loan fund; directing the West Virginia Housing Development Fund to deposit monies into the revolving loan fund over a five year period; providing that no obligation of the state shall be created by the West Virginia Property Rescue Initiative; and requiring annual reports over five years; and requiring a final report on the effectiveness of the West Virginia Property Rescue Initiative,”

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

            At the request of Delegate Cowles, and by unanimous consent, reference of the bill (H. B. 2810) to the Committee on Finance was dispensed with.

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

            Your Committee on Finance has had under consideration:

            Com. Sub. for H. B. 2233, Requiring that legislative rules be reviewed five years after initial approval by the Legislative Rule-Making Review Committee and the Legislative Auditor’s Office,

            And,

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

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

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2148, Conforming the motor vehicle law of this state to the requirements of section 1405(a) of the federal Transportation Equity Act for the Twenty-first Century,

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

            Com. Sub. H. B. 2148 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-5D-1, §17C-5D-2, §17C-5D-3, and §17C-5D-4; and to amend and reenact §60-6-9 of said code, all relating to creating a misdemeanor offense for open containers of alcoholic beverages in certain areas of vehicles; providing comity with federal law governing open containers of alcoholic beverages in vehicles; providing penalties; defining terms; providing exceptions; and specifying procedure upon arrest,”

            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. 2939, Relating to requirements for mandatory reporting of sexual offenses on school premises involving students,

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

            Com. Sub. for H. B. 2939 - “A Bill to amend and reenact §49-1-201 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-2-803 and §49-2-812 of said code, all relating to requirements for mandatory reporting of sexual offenses on school premises involving or between students; defining terms; adding conduct that must be reported to law enforcement; defining nature of conduct to be reported; creating criminal penalties for failure to report; and increasing penalties for other reporting requirements,”

            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. 2828, Modifying the requirements that allow a child witness to testify by closed circuit television,

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

            Com. Sub. for H. B. 2828 - “A Bill to amend and reenact §62-6B-2, §62-6B-3 and §62-6B-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the requirements that allow a child witness to testify by closed circuit television,”

            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. 2021, Implementing drug testing for recipients of federal-state and state assistance,

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

            Com. Sub. for H. B. 2021 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §9-3-6, relating to drug testing for recipients of benefits from the temporary assistance for needy families program; creating a pilot program; providing definitions; providing basis for reasonable suspicion of drug use; establishing administrative review of decisions to deny benefits; providing a mechanism for dependent children to receive benefits if a parent is deemed ineligible; authorizing rulemaking; requiring results of the drug test remain confidential; providing penalities; and allowing for exceptions,”

            With the recommendation that the committee substitute do pass.

Resolutions Introduced

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

            H. C. R. 103 - “Requesting the Division of Highways to erect two signs in Marion County, one along northbound Interstate 79 at the crossing of the Tygart Valley River Bridge near Exit 133 and one along southbound Interstate 79 at Exit 136, identifying the beginning of the corporate boundary for the City of Pleasant Valley in each direction.”

            Whereas, The City of Pleasant Valley will celebrate its twentieth anniversary of incorporation in October of 2015; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to erect two signs in Marion County, one along northbound Interstate 79 at the crossing of the Tygart Valley River Bridge near Exit 133 and one along southbound Interstate 79 at Exit 136, identifying the beginning of the corporate boundary for the City of Pleasant Valley in each direction; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the City Council of the City of Pleasant Valley.

            Delegates Folk, Mr. Speaker, Mr. Armstead, Ambler, Arvon, Azinger, Blair, Butler, Byrd, Cadle, Campbell, Canterbury, Cooper, Deem, Ellington, A. Evans, D. Evans, Faircloth, Fast, Folk, Foster, Frich, Guthrie, Hamilton, Hamrick, Hanshaw, Hartman, Hicks, Hill, Householder, Howell, Ihle, Kelly, Kessinger, Kurcaba, Lynch, Marcum, McGeehan, Moffatt, Moye, J. Nelson, O’Neal, Overington, R. Phillips, Reynolds, Rodighiero, Rohrbach, Romine, Rowan, Shott, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Upson, Walters, Waxman, Weld, B. White, H. White, Williams and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on Energy then Rules:

            H. C. R. 104 - “Requesting the Congress of the United States invoke the Congressional Review Act to invalidate the proposed rule published in the Federal Register entitled ‘Definition of Waters of the United States Under the Clean Water Act’ (79 Fed. Reg. 22188 (April 21, 2014)) and the proposed rule published in the Federal Register entitled ‘Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units’ (79 Fed. Reg. 34830 (June 18, 2014)), in the event that either or both of the proposed rules go into effect.”

            Whereas, The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of West Virginia certain powers as they were understood at the time that West Virginia was admitted to statehood in 1863. The guaranty of those powers is a matter of contract between the state and people of West Virginia and the United States as of the time that the compact with the United States was agreed upon and adopted by West Virginia and the United States in 1863; and

            Whereas, The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the Constitution and reserves to the people of West Virginia certain rights as they were understood at the time that West Virginia was admitted to statehood in 1863. The guarantee of those rights is a matter of contract between the state and people of West Virginia and the United States as of the time that the compact with the United States was agreed upon and adopted by West Virginia and the United States in 1863; and

            Whereas, The regulation of intrastate commerce, including the natural environment as affected by intrastate business, is vested in the states under the Ninth and Tenth Amendments to the United States Constitution and is specifically retained by the State of West Virginia according to Section 2, Article I of the West Virginia Constitution; and

            Whereas, Section 101(g) of the Clean Water Act expressly states that it is "the authority of each state to allocate quantities of water within its jurisdiction [that] shall not be superseded, abrogated, or otherwise impaired by this act." Therefore, it is the duty of the Legislature of this state to adopt any and all measures as may be necessary to prevent the proposed rule described in section (a) and its effect on the property rights of the citizens of the State of West Virginia; and

            Whereas, Section 7416 of the Clean Air Act expressly states that “nothing in this Act shall preclude or deny the right of any state or political subdivision thereof to adopt or enforce: (1) Any standard or limitation respecting emissions of air pollutants; or (2) any requirement respecting control or abatement of air pollution [. . .]”; and

            Whereas, The Congressional Review Act, 5 U.S.C. §801, et seq. allows Congress to review new federal regulations issued by government agencies and overrule a regulation by passage of a joint resolution; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the State of West Virginia hereby respectfully urges the Congress of the United States to exercise its powers under the Congressional Review Act to invalidate the proposed rules described herein, in the event that either or both of the proposed rules go into effect; and, be it

            Further Resolved, That the State of West Virginia forward official copies of the resolution to the President of the United States, to the President of the Senate and Speaker of the House of Representatives of the United States Congress with the request that this resolution be officially entered into the Congressional Record as a memorial to the Congress of the United States of America.

            Delegates Perry, Kessinger, Fast and Guthrie offered the following resolution, which was read by its title and referred to the Committee on Education then Rules:

            H. C. R. 105 - “Recognizing West Virginia University Institute of Technology as a vital part of higher education in West Virginia.”

            Whereas, For 120 years, West Virginia University Institute of Technology has provided students a means by which to obtain an outstanding education; and

            Whereas, The institution offers over 40 baccalaureate degrees that ensure opportunities to find gainful employment or continued education; and

            Whereas, West Virginia University Institute of Technology boasts successful sports teams, such as the men’s soccer program, attaining consecutive USCAA Championship victories in 2013 and 2014; and

            Whereas, Many alumni graduated from West Virginia University Institute of Technology have gone on to have successful careers in professions essential to society; and

            Whereas, Over 30 student organizations, as well as student athletics are active on campus, involving most of the student population; and

            Whereas, The university has played a significant role in the continued success and well-

being of students at the institution and of the state as a whole; and

            Whereas, West Virginia University Institute of Technology is a vital part of the character and economic foundation of the city of Montgomery, as well as Fayette and Kanawha Counties; and

            Whereas, West Virginia University Institute of Technology is an important piece of West Virginia state history, with its "Old Main" building listed on the National Register of Historic Places in 1980; and

            Whereas, It is the intent of the West Virginia Legislature to support West Virginia University Institute of Technology, and encourage its future success and development; and

            Whereas, The Legislature will take all necessary actions to ensure that West Virginia University Institute of Technology remain a vital institution of higher learning for future generations; therefore, be it

            Resolved by the House of Delegates:

            That the West Virginia Legislature recognizes West Virginia University Institute of Technology and its significant role in the higher learning of our state, as well as a future role for our children and our region's prosperity; and, be it

            Further Resolved, That the West Virginia House of Delegate hereby commits to do “what it takes” to preserve and expand this institution; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the West Virginia Higher Education Policy Commission and West Virginia University Institute of Technology.

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

            H. C. R. 106 - “Requesting the Division of Highways designate sections of United States Route 119 from the Roane/Kanawha county border to its intersection at United States Route 33 in Spencer, Roane County, United States Route 33 from the Roane/Calhoun county border to its intersection with Interstate 77 at Ripley, Jackson County, Old United States Route 21 from its intersection at Interstate 77, exit 132 in Ripley, Jackson County to its intersection with Interstate 77, exit 161 in Rockport, Wood County, State Route 14 from its intersection at Interstate 77, exit 185 in Parkersburg, Wood County to its intersection at United States Route 33 in Spencer, Roane County, Route 34 from the Putnam/Jackson county border to its intersection with Interstate 77, exit 124 in Kenna, Jackson County, and Interstate 77 from exit 124 in Kenna, Jackson County to exit 132 in Ripley, Jackson County and from exit 161 in Rockport, Wood County to exit 185 in Parkersburg, Wood County: ‘The Country Roads Wine and Distillery Trail’.”

            Whereas, The Mid-Ohio Valley of West Virginia is a center of burgeoning development in the wine and distillery industries. In addition, travel and tourism are an increasingly important part of the West Virginia economy. In order to support these wineries and distilleries' impact on both agriculture and tourism, investment should be made in drawing attention to these unique tourist destinations; and

            Whereas, It is fitting and proper that the Legislature recognize the growing industries in West Virginia to support economic development and tourism; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways designate sections of United States Route 119 from the Roane/Kanawha county border to its intersection at United States Route 33 in Spencer, Roane County, United States Route 33 from the Roane/Calhoun county border to its intersection with Interstate 77 at Ripley, Jackson County, Old United States Route 21 from its intersection at Interstate 77, exit 132 in Ripley, Jackson County to its intersection with Interstate 77, exit 161 in Rockport, Wood County, State Route 14 from its intersection at Interstate 77, exit 185 in Parkersburg, Wood County to its intersection at United States Route 33 in Spencer, Roane County, Route 34 from the Putnam/Jackson county border to its intersection with Interstate 77, exit 124 in Kenna, Jackson County, and Interstate 77 from exit 124 in Kenna, Jackson County to exit 132 in Ripley, Jackson County and from exit 161 in Rockport, Wood County to exit 185 in Parkersburg, Wood County: “The Country Roads Wine and Distillery Trail”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the sections of United States Route 119 from the Roane/Kanawha county border to its intersection at United States Route 33 in Spencer, Roane County, United States Route 33 from the Roane/Calhoun county border to its intersection with Interstate 77 at Ripley, Jackson County, Old United States Route 21 from its intersection at Interstate 77, exit 132 in Ripley, Jackson County to its intersection with Interstate 77, exit 161 in Rockport, Wood County, State Route 14 from its intersection at Interstate 77, exit 185 in Parkersburg, Wood County to its intersection at United States Route 33 in Spencer, Roane County, Route 34 from the Putnam/Jackson county border to its intersection with Interstate 77, exit 124 in Kenna, Jackson County, and Interstate 77 from exit 124 in Kenna, Jackson County to exit 132 in Ripley, Jackson County and from exit 161 in Rockport, Wood County to exit 185 in Parkersburg, Wood County as the “The Country Roads Wine and Distillery Trail”; and, be it

            Further Resolved, That to avoid confusion and limit any possible disruption of commerce, the designation shall be one of ceremonial nature and the official name of such highways shall not be changed as a result of this resolution;

            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.

            Delegate R. Phillips offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 107 - “Requesting the Division of Highways to name the bridge on Route 4/01 in Logan County, bridge number 23-4/1-0.02 (23A003) in Logan County, latitude 38.00294, longitude -82.00833, the ‘U.S. Army PFC Edward Lester Memorial Bridge’.”

            Whereas, U.S. Army Private First Class Edward Lester was born on June 27, 1947, in Grundy, Virginia To Jennings Lester and Edith Lester; and

            Whereas, U.S. Army Private First Class Edward Lester served as a member of Company L, 2^nd Battalion, 12^th Infantry, 25^th Infantry Division in Vietnam; and

            Whereas, U.S. Army Private First Class Edward Lester died on July 9, 1968, in Hua Nghla, South Vietnam; and

            Whereas, It is only fitting that we name this bridge to honor U.S. Army Private First Class Edward Lester for having given the ultimate sacrifice; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name bridge number 23-4/1-0.02 (23A003) in Logan County, latitude 38.00294, longitude -82.00833, the “U.S. Army PFC Edward Lester Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "U.S. Army PFC Edward Lester 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 U.S. Army Private First Class Edward Lester’s sister, Kathleen Butcher.

Motions

            Delegate Sponaugle submitted a written motion to discharge the Committee on Education from consideration of H. B. 2846, in accordance with House Rule 82.

            Delegate H. White submitted a written motion to call for the previous question.

            The Speaker asked if demand for the previous question was sustained, and more than the required number of Members raised their hands.

            The question before the House being the motion to call for the previous question, the yeas and nays were demanded, which demand was sustained.

            On this question, the yeas and nays were taken (Roll No. 233), and there were--yeas 37, nays 60, absent and not voting 3, with the yeas and absent and not voting being as follows:

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

            Absent And Not Voting: Ellington, Kurcaba and B. White.

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

            The question before the House now being the motion to discharge the Committee on Education from consideration of H. B. 2846, Delegate Cowles moved that the motion be postponed indefinitely.

            Delegate Cowles then moved the previous question on the motion to postpone indefinitely, which motion was sustained.

            On this question, the yeas and nays were taken (Roll No. 234), and there were--yeas 58, nays 39, absent and not voting 3, with the nays and absent and not voting being as follows:

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

            Absent And Not Voting: Ellington, Kurcaba and B. White.

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

             The Speaker again stated the question before the House being the motion to postpone indefinitely the motion to discharge the Committee on Education from the consideration of H. B. 2846.

            On this motion, the yeas and nays were taken (Roll No. 235), and there were--yeas 59, nays 36, absent and not voting 5, with the nays and absent and not voting being as follows:

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

            Absent And Not Voting: Ellington, Hornbuckle, Kurcaba, Reynolds and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the motion prevailed.

 

Special Calendar

Third Reading

            Com. Sub. for S. B. 361, Eliminating prevailing hourly wage requirement for construction of public improvements; on third reading, coming up in regular order, was read a third time.

            Delegates Gearheart, Eldridge, Butler, Householder and Cowles requested to be excused from voting on the passage of Com. Sub. for H. B. 361 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.

            Delegate Skinner was recognized and moved to suspend the rules to permit the offering and consideration of an amendment on third reading.

            On this motion, the yeas and nays were taken (Roll No. 236), and there were--yeas 42, nays 51, absent and not voting 7, with the yeas and absent and not voting being as follows:

            Yeas: Bates, Boggs, Byrd, Canterbury, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Frich, Guthrie, Hamilton, Hanshaw, Hartman, Hicks, Kelly, Lane, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Pasdon, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Rodighiero, Rohrbach, Romine, Rowe, Shott, Skinner, P. Smith, Trecost, Upson, H. White and Williams.

            Absent And Not Voting: Campbell, Ellington, Hornbuckle, Kurcaba, Reynolds, Sponaugle and B. White.

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

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 237), and there were--yeas 56, nays 39, absent and not voting 5, with the nays and absent and not voting being as follows: 

            Nays: Bates, Boggs, Byrd, Campbell, Canterbury, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hanshaw, Hartman, Hicks, Kelly, Lane, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Storch, Trecost, H. White and Williams.

            Absent And Not Voting: Ellington, Hornbuckle, Kurcaba, Reynolds and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 361) passed.

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

             Com. Sub. for S. B. 361 - “A Bill to amend and reenact §21-5A-1, §21-5A-2, §21-5A-3, §21-5A-5, §21-5A-6, §21-5A-8, §21-5A-10 and §21-5A-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21-5A-12, all relating to the fair minimum rate of wages; eliminating, modifying and defining terms; providing for determination and methodology of determining fair minimum rate of wages by Workforce West Virginia; applying fair minimum rate of wages based on monetary threshold; establishing prevailing wages at specific intervals and exception; providing for review of determinations and methodology; addressing data used in determining prevailing wage rates; providing limitation on use of confidential, individual proprietor-level data and excluding from definition of public record under section three, article one, chapter twenty-nine-b; requiring contract provisions and exceptions; keeping wage records; requiring Workforce West Virginia to propose emergency and legislative rules; and providing provisions of article are severable.”

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

            On this question, the yeas and nays were taken (Roll No. 238), and there were--yeas 59, nays 35, absent and not voting 6, with the nays and absent and not voting being as follows:

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

            Absent And Not Voting: Ellington, Hornbuckle, Kurcaba, Reynolds, Romine and B. White.

            So, two thirds of the members elected to the House of Delegates not having voted in the affirmative, the Speaker declared the motion rejected.

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

            At 5:32 p.m. , on motion of Delegate Cowles, the House of Delegates recessed until 6:00 p.m.

            Upon reconvening, the House continued with further bills on third reading.

Third Reading

– Continued–

            S. B. 382, Declaring claims against state; 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. 239), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:

            Absent And Not Voting: Bates, Deem, Ellington, Folk, Hornbuckle, Kurcaba, E. Nelson, Perdue, L. Phillips, Pushkin, Reynolds, Skinner, Walters and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 382) passed.

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

            On this question, the yeas and nays were taken (Roll No. 240), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:

            Absent And Not Voting: Bates, Deem, Ellington, Folk, Hornbuckle, Kurcaba, Moffatt, L. Phillips, Reynolds, Walters and B. White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 382) takes effect from its passage.

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

            S. B. 508, Reorganizing Hatfield-McCoy Regional Recreation Authority; 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. 241), 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, Hornbuckle, Kurcaba, L. Phillips, Reynolds and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 508) passed.

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

            Com. Sub. for H. B. 2381, Providing a teacher mentoring increment for classroom teachers with national board certification who teach and mentor at certain schools; 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. 242), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2381) passed.

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

            On this question, the yeas and nays were taken (Roll No. 243), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2381) takes effect July 1, 2015.

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

            Com. Sub. for H. B. 2478, Relating to public school finance; 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. 244), and there were--yeas 82, nays 11, absent and not voting 7, with the nays and absent and not voting being as follows: 

            Nays: Byrd, Caputo, Eldridge, Ferro, Lane, Lynch, Miley, Moore, Sponaugle, Trecost and Walters.

            Absent And Not Voting: Deem, Ellington, Fleischauer, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2478) passed.

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

            Com. Sub. for H. B. 2478 - “A Bill to amend and reenact §11-8-6f of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-4, §18-9A-5, §18-9A-7, §18-9A-11 and §18-9A-12 of said code, all relating to public school finance; removing the reduction in a county’s basic foundation allowance to a county school system for professional educators and service personnel if the number employed is less than the maximum allowed for formula funding; adjusting the foundation school program allowance for transportation costs for the school years 2015-2016 and 2016-2017; including propane as an eligible fuel for the ten percent additional percentage allowance for school bus systems using alternative fuels; fixing the amounts to be used for the replacement of buses for school years 2015-2016 and 2016-2017 as a component of the allowance in the foundation school program for transportation; eliminating requirements that payments or contributions in lieu of property taxes which are distributed by the sheriff to the county board of education be deducted from the allocated state aid share for the county; and eliminating certain adjustments in basic foundation program.”

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

            On this question, the yeas and nays were taken (Roll No. 245), and there were--yeas 84, nays 10, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Caputo, Eldridge, Ferro, Lynch, Manchin, Marcum, Miley, Moore, Perdue and Sponaugle.

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2478) takes effect July 1, 2015.

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

            H. B. 2658, Relating to the inspection and slaughter of nontraditional agriculture; 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. 246), and there were--yeas 88, nays 6, absent and not voting 6, with the nays and absent and not voting being as follows: 

            Nays: Boggs, Caputo, Fluharty, Moore, Morgan and Storch.

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2658) 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. 2760, Making a supplementary appropriation to the Bureau of Senior Services -Lottery Senior Citizens Fund; on third reading, coming up in regular order, was read a third time.

            On the passage of the bill, the yeas and nays were taken (Roll No. 247), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2760) passed.

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

            On this question, the yeas and nays were taken (Roll No. 248), 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, Hornbuckle, L. Phillips, Reynolds, Rohrbach and B. White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2760) takes effect from its passage.

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

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

            On the passage of the bill, the yeas and nays were taken (Roll No. 249), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2764) passed.

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

            On this question, the yeas and nays were taken (Roll No. 250), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2764) takes effect from its passage.

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

            Com. Sub. for H. B. 2793, Relating to exemptions from mandatory school attendance; 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. 251), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2793) passed.

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

            On this question, the yeas and nays were taken (Roll No. 252), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2793) takes effect from its passage.

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

            Com. Sub. for H. B. 2811, Deleting obsolete provisions regarding the Physicians’ Mutual Insurance Company; 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. 253), and there were--yeas 80, nays 13, absent and not voting 7, with the nays and absent and not voting being as follows: 

            Nays: Byrd, Caputo, Fast, Fluharty, Lynch, Manchin, Miley, Moore, Perdue, Pushkin, Rowe, Skinner and Sponaugle.

            Absent And Not Voting: Cadle, Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2811) passed.

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

            Com. Sub. for H. B. 2812, Clarifying use of subsistence allowance in determining compensation for purposes of calculating pension benefits for natural resources police officers; 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. 254), and there were--yeas 87, nays 5, absent and not voting 8, with the nays and absent and not voting being as follows:

            Nays: Caputo, Ferro, Lynch, Marcum and Perry.

            Absent And Not Voting: Deem, Ellington, Hicks, Hornbuckle, Moore, L. Phillips, Reynolds and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2812) passed.

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

            On this question, the yeas and nays were taken (Roll No. 255), and there were--yeas 90, nays 4, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Caputo, Ferro, Moore and Perry.

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2812) takes effect from its passage.

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

            Com. Sub. for H. B. 2823, Eliminating the street and interurban and electric railways tax;

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. 256), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2823) 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, on motion of Delegate Cowles, laid upon the table.            H. B. 2876, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state; 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. 257), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2876) passed.

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

            On this question, the yeas and nays were taken (Roll No. 258), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ellington, Hornbuckle, L. Phillips, Reynolds and B. White.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2876) takes effect from its passage.

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

            Com. Sub. for H. B. 2934, Repealing the common core standards; on third reading, coming up in regular order, was reported by the Clerk.

            Delegate Pasdon asked and obtained unanimous consent that the rule be suspended to permit the offering and consideration of an amendment to the bill on third reading.

            On motion of Delegates Pasdon, Butler, Perry, Pethtel, Moye and Williams, the bill was amended on page fourteen, section five-b, subsection (c), line two hundred eight, by striking out subdivision (5) and inserting in lieu thereof a new subdivision (5) to read as follows:

            “(5) Except for the purposes of section thirty-nine, article two of this chapter, suspend the use of student test score results on any state summative assessment for any purpose other than strategic planning for school improvement, required reporting and professional development until school year 2016-17” and a semicolon.

            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. 259), and there were, including pairs--yeas 75, nays 19, absent and not voting 6, paired 2, with the nays,paired and absent and not voting being as follows: 

            Nays: Bates, Boggs, Byrd, Campbell, Ferro, Fleischauer, Guthrie, Hartman, Longstreth, Manchin, Marcum, Miley, Moore, L. Phillips, Pushkin, Skinner, Sponaugle, Statler.

            Absent And Not Voting: Deem, Ellington, Hornbuckle, Morgan, Reynolds and B. White.

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

            Paired:

                        Yea:    Zatezalo                      Nay:    Caputo

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2934) passed.

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

            H. B. 2934 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-5b, relating to repealing the certain common core standards and certain subsequent standards; making findings with respect to a thorough and efficient education and role of the Legislature; making findings with respect to the Elementary and Secondary Education act and the affect of certain amendments; making findings with respect to changes in standards and assessments; making findings with respect to reverse in trend of improving student National Assessment of Educational Progress scores and likely causes; making findings with respect to ESEA flexibility relief, state application and subsequent actions; and making findings with respect to school funding sources, the influence of federal funds and the use of federal funds to coerce changes in standards, assessments and accountability system; making findings with respect to inappropriate usurpation of state sovereignty over public education and results sufficient to impede process for improving education; directing certain actions by state board in response to findings; directing comprehensive review of standards by board to ensure repeal of certain common core standards and certain subsequent standards; prohibiting certain assessments; ensuring certain college and career ready standards are aligned and revised as needed; ensuring adequate and appropriate curriculum and instructional strategies, sufficient training and professional development, and information and resources to engage and assist parents; directing state board appoint stakeholder commission to participate in review with certain legislative member appointments; directing state board appointment of standards development committees to advise and assist commission and providing for member selection and qualifications; directing state board conduct regional town hall meetings with certain format for discussion and input; directing suspension of use of summative assessment scores except for certain purpose until certain date; directing limit on number of statewide summative assessment per year; directing prohibition of collection and disclosure of certain student information; directing regular information to Legislature on actions with respect to standards, assessment, accountability and capacity building; providing responsibilities and structure of standards development committees; directing certain actions in response to findings by Governor, Legislature, state board and state superintendent with respect to reauthorization of Elementary and Secondary Education Act; and requiring monitoring by legislative oversight commission.”

            Delegate McGeehan moved that the bill take effect from its passage and then asked and obtained unanimous consent that the motion be withdrawn.

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

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

            Delegates Summers, Campbell and Moye requested to be excused from voting 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. 260), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:

            Absent And Not Voting: Boggs, Deem, Ellington, Hornbuckle, Moore, Morgan, Reynolds, B. White and Zatezalo.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2976) passed.

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

            On this question, the yeas and nays were taken (Roll No. 261), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:

            Absent And Not Voting: Boggs, Deem, Ellington, Hartman, Hornbuckle, Moore, Morgan, Reynolds, B. White and Zatezalo.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2976) 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.

Second ReadingS. B. 473, Making supplementary appropriation of federal funds to DMAPS, WV State Police; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 476, Making supplementary appropriation to Department of Administration, Division of Purchasing, Purchasing Improvement Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for H. B. 2048, Relating to juvenile proceedings; 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. 2368, Relating to child welfare; 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. 2395, Storm Scammer Consumer Protection Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2474, Relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind; 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. 2485, Relating to the West Virginia Future Fund; 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. 2496, Adopting the Interstate Medical Licensure Compact; 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. 2536, Relating to travel insurance limited lines producers; 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. 2550, Increasing the number of unexcused absences of a student before action may be taken against the parent; 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 read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 2728, Relating to risk-based capital reporting for health organizations; 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. 2790, Relating to minimum responsibility limits of car insurance; 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. 2829, Defining “midwife”, “certified midwife” and “midwifery”; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Campbell, the bill was amended on page seven, line twenty, by striking out subdivision (9) and inserting in lieu thereof the following:

            “(9) A brief description of any complications resulting in the mortality or morbidity of a mother or an infant.

            (10) If their care still requires a caesarean section.

            (b) A direct entry midwife is not a licensed registered nurse, an advanced practice registered nurse or a certified midwife.” 

            The bill was then 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. 294, Eliminating certain unnecessary, inactive or redundant councils, committees and boards,

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

            Com. Sub. for S. B. 435, Creating WV Sheriffs’ Bureau of Professional Standards,

            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,

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

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

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

            Com. Sub. for 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,

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

            Com. Sub. for H. B. 2239, Creating a logical advisory committee,

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

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

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

            Com. Sub. for H. B. 2515, Relating to elk restoration,

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

            Com. Sub. for 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,

            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,

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

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

            Com. Sub. for H. B. 2878, Creating a one-stop electronic business portal in West Virginia,

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

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

            Com. Sub. for H. B. 2999, Relating to neonatal abstinence centers,

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

            H. B. 3017, Addressing sudden cardiac arrest in interscholastic athletes,

            And,

            H. B. 3018, Increasing the allowable range of difference in salary potential of school employees in different counties.

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

Committee Reports

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

            Your Committee on Shott has had under consideration:

            H. B. 2263, Providing guidance for prosecuting attorneys in cases involving abused and neglected children,

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

            Com. Sub. for H.B. 2263 - “A Bill to amend and reenact §49-4-501 and §49-4-502 of the Code of West Virginia, 1931, as amended, relating to the responsibilities of prosecuting attorneys when representing the Department of Health and Human Resources; clarifying the independence of prosecuting attorneys in abuse and neglect matters and explaining the nature of the attorney-client relationship; and establishing procedure when a dispute or conflict arises,”

            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. 2805, Transferring to an adult correctional facility any juvenile whose sentence runs beyond his or her eighteenth birthday,

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

            Com. Sub. for H. B. 2805 - “A Bill to amend and reenact §49-4-720 and §49-4-722 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Juvenile Services to transfer to a correctional facility or regional jail any juvenile in its custody that has been transferred to adult jurisdiction of the circuit court and who reaches his or her eighteenth birthday; requiring transfer of juvenile in adult jurisdiction upon reaching 18 if he or she has either been convicted or is in a pre-trial status; directing the division of juvenile services to notify the circuit court of the age of a juvenile reaching the age of 18; authorizing the circuit court to conduct a hearing as to alternative placement; mandating that the position of victim be taken under consideration by the court in considering disposition or alternative placement; prohibiting juveniles that commit an adult offense while under the custody of the Division of Juvenile Services from returning back to the placement in a juvenile facility if the juvenile has attained the age of 18; and requiring the court to conduct a hearing as to placement of a juvenile that has turned 18 and is remanded back to the custody of the Division of Juvenile Services after completion of an adult sentence,”

            With the recommendation that the committee substitute do pass.

            Delegate McCuskey, 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. 2902, West Virginia ABLE Act,

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

            Com. Sub. for H. B. 2902 – “A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5, §16-46-6, §16-46-7 and §16-46-8, all relating to providing for the establishment of a program to allow savings accounts for individuals with a disability and their families to save private funds to support the individual with a disability, to be known as the West Virginia ABLE Act; definitions; implementation and administration of the program by the Treasurer; powers and responsibilities of the Treasurer; use of financial organizations as account depositories and managers; establishing procedures and requirements for establishment of an ABLE savings account; limitations on deposits; provisions for change of a designated beneficiary; distributions from accounts; limiting liability of the Treasurer and the state; and establishment of the West Virginia ABLE savings program trust fund and the West Virginia ABLE Savings Expense Fund,”

            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.

            Delegate Cowles asked and obtained unanimous consent that second reference of the bill (Com. Sub. for H. B. 2902) to the Committee on the Judiciary be dispensed with.

            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. 2366, Relating generally to the solicitation of minors,

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

            Com. Sub. for H. B. 2366 - “A Bill to amend and reenact§61-3C-14b of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8A-4 of said code, all relating generally to the solicitation of minors; clarifying the law pertaining to the use of a computer to solicit a minor; deleting reference to offenses defined in the Uniform Controlled Substances Act; defining a new felony offense of soliciting a minor through use of a computer and traveling to engage in prohibited sexual activity with the minor; setting a new criminal penalty; and prohibiting the use or distribution of obscene materials by an adult to solicit or seduce a minor, or a person believed to be a minor, for unlawful sexual activity,”

            With the recommendation that the committee substitute do pass.

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

            By Delegates Ireland, Overington, Foster, Fast, Lynch, Azinger, Shott, Hicks and             Hanshaw:

            H. B. 3019 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-2-13, all relating to requiring official business and records of the state and its political subdivisions be conducted in English, and providing exceptions, limitations, and a definition.”

            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. 2756, Authorizing appointees or employees of the Alcohol Beverage Control Commissioner to carry concealed handguns,

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

            Com. Sub. for H. B. 2756 - “A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exceptions to prohibitions against carrying concealed handguns; and authorizing appointees or employees of the Alcohol Beverage Control Commissioner to carry concealed handguns,”

            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. 2785, Statewide Interoperable Radio Network 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.

            Delegate Cowles asked unanimous consent that second reference of the bill (H. B. 2785) to the Committee on Finance be dispensed with.

            The Speaker referred the bill 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. 2712, Relating to employment and privacy protection,

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

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Ellington, Reynolds and B. White.

Miscellaneous Business

            Delegate Moye filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 2717.

            Delegate Gearheart noted to the Clerk that he was absent when the vote was taken on Roll No. 225, on yesterday, and had he been present he would have voted “Yea” thereon.

            Delegate L. Phillips noted to the Clerk that she was absent when the votes were taken on Roll Nos. 239 through 258, and that had she been present, she would have voted “Yea” thereon.

            Delegates Bates and Perdue announced that they were absent when the votes were taken on S. B. 382 and had they been present, they would have voted “Yea” thereon.

Remarks by Members

            Delegate Sponaugle asked and obtained unanimous consent that all remarks regarding Com. Sub. for S. B. 361 be printed in the Appendix to the Journal.

            Delegate R. Smith asked and obtained unanimous consent that the closing remarks of Delegate Howell regarding Com. Sub. for S. B. 361 be printed in the Appendix to the Journal, and that the remarks of Delegates Duke and Pasdon regarding H. B. 2934 be printed in the Appendix to the Journal.

            Delegate Perry asked and obtained unanimous consent that all remarks regarding H. B. 2934 be printed in the Appendix to the Journal.

            At 8:20 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 2, 2015.