House Journal

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Thursday, March 12, 2015

FIFTY-EIGHTH DAY

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

 

 

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

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

            The Clerk proceeded to read the Journal of Wednesday, March 11, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate Cowles, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction and consideration of a resolution.

Resolutions Introduced

            Delegates Hamilton, P. Smith, Wagner, Lynch, Ashley and Overington, on Behalf of All Members of the House, offered the following resolution, which was read by the Clerk as follows:

            H. R. 18 - “Memorializing the life of the Honorable Charles Raymond Shaffer, husband, father, grandfather, great-grandfather, veteran, educator, and public servant.”

            Whereas, Charles Raymond Shaffer was born on March 29, 1927, in Rupert, Greenbrier County, West Virginia, a son of the late Charles Henry and Constance Laura Black Shaffer; and

            Whereas, Charles R. Shaffer served in the U S Navy during World War II; and

            Whereas, Charles was educated at West Virginia Wesleyan College and was a long-time math teacher for the Upshur County Board of Education. In addition, Charles served as the statistician for the sports teams at Buckhannon Upshur High School for many years; and

            Whereas, On April 17, 1949, Charles Shaffer married the love of his life, Vivian Yvonne Rogers, who preceded him in death. Charles and Vivian were the proud parents of two sons and three daughters, Steve, Chad, Laura, Gloria, and Charlene, and the loving grandparents of fifteen grandchildren and the great-grandparents of thirteen great-grandchildren; and

            Whereas, Charlie Shaffer was first elected to the West Virginia House of Delegates representing Barbour and Upshur counties in 1968 and was reelected for eight consecutive terms, making him the oldest member of the House of Delegates in point of continuous, uninterrupted service at the time. During his eighteen years in the Legislature, Charlie served on various committees including the Committee on the Judiciary, Agriculture and Natural Resources and Legislative Rule-Making Review; and

            Whereas, In addition, Charles Shaffer served as a member of the Upshur County Commission from January 1993 until December 1994; and

            Whereas, Charles Shaffer was a member of the Franklin Lodge 7 AF & AM and the Sand Run Baptist Church. He was a firm believer that with Jesus you have everything and without Him you have nothing; and

            Whereas, Sadly, the Honorable Charles Raymond Shaffer passed away on Saturday, November 1, 2014; therefore, be it

            Resolved by the House of Delegates:

            That the House of Delegates hereby memorializes the life of the Honorable Charles Raymond Shaffer, husband, father, grandfather, great-grandfather, veteran, educator and public servant; and, be it

            Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable Charles Raymond Shaffer; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of the Honorable Charles Raymond Shaffer. 

            At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 18) to a committee was dispensed with, and it was taken up for immediate consideration.

            The question now being on the adoption of the resolution, Delegate Cowles demanded the yeas and nays, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 449), and there were--yeas 100, nays none, absent and not voting none.

             So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 18) adopted.

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

Committee Reports

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

            Your Committee on Finance has had under consideration:

            H. C. R. 143, Requesting the Joint Committee on Government and Finance, to study the feasibility and, if indicated, develop a proposal for divestiture and privatization or development of a performance-based, public-private partnership model for the operation and maintenance of all or some of the State’s hospital and nursing facilities,

            H. C. R. 146, Requesting the Joint Committee on Government and Finance to study the special funds of the State,

            H. C. R. 147, Requesting the Joint Committee on Government and Finance to study the leasing of oil and gas mineral rights on state lands,

            And,

            H. C. R. 148, Requesting the Joint Committee on Government and Finance to study the collection, distribution and use of telecommunications fee revenues in support of emergency communications centers, the State Interoperable Radio Network, State Police communications and the Wireless Tower Access Assistance program and ways to maximize efficiencies and better provide for public needs,

            With the recommendation that they each be adopted.

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

            Your Committee on Roads and Transportation has had under consideration:

            H. C. R. 8, The U. S. Air Force Staff Sergeant William Henry “Bill” Whitman Memorial Highway,

            H. C. R. 52, The U. S. Army SSG Delmer R. Jones Memorial Bridge,

            H. C. R. 64, The U. S. Army PFC Ray Freeman Meade Memorial Road,

            H. C. R. 76, The U. S. Army PFC Cornelious Wiley Memorial Bridge,

            And,

            H. C. R. 107, The U. S. Army PFC Edward Lester Memorial Bridge,

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

            In accordance with the former direction of the Speaker, the resolutions (H. C. R. 8, H. C. R. 52, H. C. R. 64, H. C. R. 76 and H. C. R. 107) were each referred to the Committee on Rules.

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

            Your Committee on Roads and Transportation has had under consideration:

            H. C. R. 41, The PFC Donald Ray Cochran Memorial Bridge,

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

            Com. Sub. for H. C. R. 41 - “Requesting the Division of Highways to name the bridge from State Route 10 at State Route 10/12 to Mallory Hill Road bridge number 23-10/12-0.01 (23A316) (latitude 37.73065, longitude -81.83793), carrying County Route 10/12 over Huff Creek in Logan County, the ‘U.S. Army PFC Donald Ray Cochran Memorial Bridge’,”

            H. C. R. 57, The U. S. Army PFC Lowell Roger Groves Memorial Road,

            And reports back a committee substitute therefor, with the same title, as follows:               Com. Sub. for H. C. R. 57 - “Requesting the Division of Highways to name a section of State Route 20 near Cleveland, West Virginia, running through Webster County, from mile marker 45 to mile marker 47, ‘U. S. Army PFC Lowell Roger Groves Memorial Road’,”

            H. C. R. 59, The U. S. Army PFC Ernest D. Marcum Bridge,

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

            Com. Sub. for H. C. R. 59 - “Requesting the Division of Highways to name bridge number 50-52-37.47 (50A049), (latitude 38.006184, longitude -82.506839), locally known as the Lost Creek Beam Span, carrying U.S. Route 52 over Lost Creek in Wayne County, the ‘U.S. Army PFC Ernest D. Marcum Bridge’,”

            H. C. R. 78, The Darrell W. Sanders Memorial Highway,

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

            Com. Sub. for H. C. R. 78 - “Requesting the Division of Highways to name the stretch of State Route 37 beginning at the Town of Wayne, mile post 16.0, and running to the Lincoln County line in Wayne County, mile post 38.0, the ‘Darrell W. Sanders Memorial Highway’,”

            With the recommendation that the committee substitutes each be adopted, but that they first be referred to the Committee on Rules.

            In accordance with the former direction of the Speaker, the resolutions (Com. Sub. for H. C. R. 41, Com. Sub. for H. C. R. 57, Com. Sub. for H. C. R. 59 and Com. Sub. for H. C. R. 78 ) were each referred to the Committee on Rules.

            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:

            S. B. 195, Authorizing Conservation Committee promulgate legislative rule relating to financial assistance programs,

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

            At the respective requests of Delegate Cowles, and by unanimous consent, the bill (S. B. 195) was taken up for immediate consideration, read a first time and ordered to second reading.

            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:

            S. B. 250, Relating to Conservation Agency financial assistance applications from district supervisors,

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

            At the respective requests of Delegate Cowles, and by unanimous consent, the bill (S. B. 250) was taken up for immediate consideration, read a first time and ordered to second reading.

Messages from the Executive

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on March 11, 2015, he approved Com. Sub. for S. B. 175, S. B. 463, S. B. 466, S. B. 467, S. B. 469, S. B. 294, S. B. 471, Com. Sub. for S. B. 351, S. B. 473, S. B. 476, S. B. 477, Com. Sub. for H. B. 2099, Com. Sub. for H. B. 2157, H. B. 2523, H. B. 2760, H. B. 2764, H. B. 2770 and H. B. 2933.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on, and the passage, as amended by said report, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            H. B. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect July 1, 2015, a bill of the House of Delegates, as follows:

            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.

            A message from the Senate, by

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

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

            H. B. 2606, Clarifying the potential sentence for disorderly conduct,

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

            H. B. 2888, Allowing the use of rotary drum composters to destroy or dispose of the carcass of any animal to prevent the spread of disease,

            And,

            Com. Sub. for H. B. 2902, West Virginia ABLE Act.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, without amendment, of concurrent resolutions of the House of Delegates as follows:

            Com. Sub. for H. C. R. 9, The U. S. Air Force Lt. Col. John Richard “Toots” Wilcox Memorial Bridge,

            Com. Sub. for H. C. R. 19, The U. S. Army SGT Bobby Ray Adkins Memorial Highway,

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

            And,

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

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, of

            S. B. 89, Relating to compensation for certain public officials,

            Com. Sub. for S. B. 249, Prohibiting straight party voting in general election,

            S. B. 283, Relating to state banking institutions,

            Com. Sub. for S. B. 366, Creating Patient Protection and Transparency Act,

            And,

            Com. Sub. for S. B. 411, Creating Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act.

Resolutions Introduced

            Delegates Perdue and Hicks offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 142 - “Requesting the Division of Highways to name the bridge on Route 52 over Mill Creek in Wayne County, originally named the Paddle Creek Bridge, bridge number 50-52-29.04 (50A153), latitude 38.10064, longitude -82.56704, as the ‘U.S. Navy PO3 Roy Elmer “Doc” Moon Bridge’.”

            Whereas, Navy Petty Officer Moon was born on July 2, 1945, in Kiahsville in Wayne County; and

            Whereas, Navy Petty Officer Moon joined the U.S. Navy on August 2, 1965, and was released on August 2, 1968; and

            Whereas, Navy Petty Officer Moon was a U.S. Navy medic assigned to a Marine Corps unit. The men in his unit praised him most highly for saving most of their lives. The men in his unit presented Moon with a gold plated rifle to show their appreciation of putting his life on the line every day in combat to help save his fellow soldiers, going that extra mile without thinking about himself; and

            Whereas, During his service during the Vietnam War Navy Petty Officer Moon was awarded the Bronze Star, the Navy Unit Commendation Medal, the Vietnam Service Medal and the Fleet Marine Force Combat Operation Insignia; and

            Whereas, It is fitting that an enduring testament be established to commemorate Navy Petty Officer Moon, a native son who so ably served his country and his state, by naming the bridge the “U.S. Navy PO3 Roy Elmer ‘Doc’ Moon Bridge”; therefore, be it

            Resolved by the West Virginia Legislature:

            That the Legislature hereby requests the Division of Highways to name the bridge on Route 52 over Mill Creek in Wayne County, originally named the Paddle Creek Bridge, bridge number 50-52-29.04 (50A153), latitude 38.10064, longitude -82.56704, as the “U.S. Navy PO3 Roy Elmer ‘Doc’ Moon 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. Navy PO3 Roy Elmer ‘Doc’ Moon 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, to U.S. Navy Petty Officer Roy Elmer “Doc” Moon, Herbert Wellman, Jr., Chairman of the Fort Gay Veterans Park, the Wayne County Veterans Association and the Fort Gay Veterans Association.

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

            H. C. R. 144 - “Requesting the Division of Highways to name that portion of West Virginia Route 16, beginning at mile marker 37.50 and ending at mile marker 40.92, the ‘U.S. Army SGT Eugene Dawson Memorial Highway’.”

            Whereas, Sergeant Eugene Dawson was born October 18, 1946, at Hallsburg, in Clay County, West Virginia. He was the son of Everett Dawson and Elsie Sears Dawson, and the grandson of Raymond and Alice Jarvis Dawson, and Martin and Gay Burnside Sears. Sergeant Dawson resided with his family in Bentree, Clay County, West Virginia, until he was drafted into the United States Army on December 1, 1966; and

            Whereas, Sergeant Eugene Dawson served honorably in the United States Army ground forces in Vietnam. He was killed in action near Long An in South Vietnam on May 17, 1967. Sergeant Dawson was twenty years old. His body was recovered and is buried in the Nebo Baptist Church Cemetery in Nebo, Clay County, West Virginia; and

            Whereas, It is only fitting that a memorial be established honoring the life of Sergeant Eugene Dawson and his outstanding service and sacrifice in protecting his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name that portion of West Virginia Route 16, beginning at mile marker 37.50 and ending at mile marker 40.92, the “U.S. Army SGT Eugene Dawson Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the designated highway as the “U.S. Army SGT Eugene Dawson Memorial Highway”; 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 Eugene Dawson.

            Delegates Ellington, Householder, Border and Perdue offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. C. R. 145 - “Requesting the Joint Committee on Government and Finance to study direct primary care.”

            Whereas, Direct primary care is primary care offered directly to the consumer without insurance administration - - incorporating various health care delivery systems that involve direct financial relationships between patients and health care providers; and

            Whereas, Direct primary care is intended to remove many of the financial barriers of healthcare - - often, there are no insurance co-pays, deductibles or co-insurance fees thus avoiding the overhead and complexity of maintaining relationships with insurers; and

            Whereas, One of the lesser known provisions of the Patient Protection Affordable Care Act (PPACA) in Section 1301 (and amendment Section 10104) allows for direct primary care to compete with traditional health insurance options in the mandated health insurance exchange when combined with a low cost high deductible plan; and

            Whereas, Direct primary care practices do not typically accept insurance payments, thus avoiding the overhead and complexity of maintaining relationships with insurers; and

            Whereas, Because direct primary care payments are typically paid over time, rather than in return for specific services, the economic incentives are such that the long-term health of the patient can be a profitable option for providers while also being an affordable option to patients; and

            Whereas, West Virginia currently does not authorize direct primary care ; therefore be it

Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the potential benefits of authorizing direct primary care in West Virginia as an alternative for those citizens who do not qualify for Medicaid and are unable to afford health insurance; and, be it

Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance shall consult with the State Medical Board, the Insurance Commission, medical providers, health insurers and any other relevant groups or entities in gathering and reviewing information regarding direct primary care; and, be it
            Further Resolved, That Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary 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.

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

            H. R. 17 - “Expressing concern about the erosion of Freedom of the Press in the Republic of Turkey.”

            Whereas, The West Virginia House of Delegates is concerned by the recent arrest and detainment of members of the Turkish media and the broad effort by the Erdoğan administration to censor freedom of the press; and

            Whereas, A strong democracy requires that all members of the society respect the freedom of expression, even when voices opposed to the government are vocal; and

            Whereas, President Erdoğan’s administration has instituted a crackdown of critical voices in the Turkish media and his administration has attracted international attention in recent months with the arrest of the editor-in-chief of Zaman, a widely circulated daily newspaper in Turkey, and the CEO of the Samayolu Media Group. These men were arrested December 14, 2014, and detained on questionable charges. To date, the editor-in-chief has been released, but the CEO of Samanyolu TV remains detained; and

            Whereas, One year prior to these arrests, allegations of corruption were levied against the Erdoğan administration and, subsequently, many prominent journalists have lost their jobs for writing material critical of the Erdoğan administration. These tactics are continuing and are unacceptable in a democracy; a free press is central to full access to information for the citizens of Turkey. The attempt by the Turkish government to punish and censor the Turkish media is a matter of deep concern for the State of West Virginia; and

            Whereas, Such a broad effort by the Turkish government to censor the media is an affront to the basic principles of democracy, free society, free enterprise, equal opportunity and the rule of law; therefore, be it

            Resolved by the West Virginia House of Delegates:

            That this body expresses its deep concern for the erosion of freedom of expression and freedom of the press in the Republic of Turkey; and, be it

            Further Resolved, That this body strongly urges President Erdoğan and his administration to promote a peaceful and appropriate resolution to this crisis.

Petitions

            Delegate Marcum presented a petition signed by himself and several other members of the House of Delegates urging consideration of H. C. R. 3, H. C. R. 10, H. C. R. 11, H. C. R. 12, H. C. R. 16, H. C. R. 18, H. C. R. 26, H. C. R. 36, H. C. R. 40, H. C. R. 49, H. C. R. 59, H. C. R. 62, H. C. R. 64, H. C. R. 71, H. C. R. 72, H. C. R. 86, H. C. R. 89, H. C. R. 90 and H. C. R. 97.

Special Calendar

Unfinished Business

            The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:

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

            H. R. 16, Heroes Day,

            Com. Sub. for H. C. R. 23, The US Marine Corps PFC Clayton Andrew Craft Memorial Bridge,

            H. C. R. 44, The North River Mills Historic Trace,

            Com. Sub. for H. C. R. 50, Historic Dingess Tunnel, 100 Years Old, 1914,

            Com. Sub. for H. C. R. 53, The U. S. Army SSG Styish R. Morris Memorial Road,

            Com. Sub. for H. C. R. 63, The Harry Ripley Memorial Bridge,

            Com. Sub. for H. C. R. 70, The Army SPC 4 Everette R. Johnson Memorial Bridge,

            H. C. R. 77, Designating the second Friday in July as West Virginia Collector Car Appreciation Day,

            H. C. R. 79, The U. S. Army PFC Junior David Starkey Memorial Bridge,

            Com. Sub. for H. C. R. 80, The Army SSG Landon Clair Ray and Army SPC4 Garry Dwight Haynes Memorial Bridge,

            Com. Sub. for H. C. R. 90, The U. S. Army CPL Wilson B. Lambert, Jr., Memorial Road,

            Com. Sub. for H. C. R. 93, The CSA LTG Thomas J. “Stonewall” Jackson Bridge,

            Com. Sub. for H. C. R. 102, The U. S. Army Air Corps CPT Kenneth R. Winters, Sr. Memorial Bridge,

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

            H. C. R. 112, The Howard M. ‘Toddy’ Loudin Memorial Highway,

            H. C. R. 114, Requesting that the Joint Committee on Government and Finance study the circumstances where West Virginia home schooled students who have completed their course work should be authorized to take the GED test,

            H. C. R. 115, Requesting the Joint Committee on Government and Finance to conduct a study on state funding for school bus replacement,

            H. C. R. 116, Requesting the Joint Committee on Government and Finance to conduct a study on appropriate limits on the number, time and uses of state summative assessments,

            H. C. R. 118, Requesting the Joint Committee on Government and Finance conduct a study of agencies that are exempt from article three, chapter five-a,

            H. C. R. 119, Conducting a study of creating a Statewide Interoperable Radio Network,

            H. C. R. 120, Requesting the Joint Committee on Government and Finance study the James “Tiger” Morton catastrophic illness fund,

            H. C. R. 122, Requesting the Joint Committee on Government and Finance authorize a study on increasing state government budget and spending transparency,

            H. C. R. 123, Requesting the Joint Committee on Government and Finance conduct a study of the impact of admitting all Class I, II, III, and IV municipalities to the Municipal Home Rule Pilot Program,

            H. C. R. 124, Requesting that the Joint Committee on Government and Finance authorize a study on the regulation of public utilities,

            H. C. R. 125, Requesting the Joint Committee on Government and Finance conduct a study of public access and availability in one location to all ordinances, rules and regulations adopted by a county commission,

            H. C. R. 134, Requesting the Joint Committee on Government and Finance to study the Health Care Authority and the certificate of need review process,

            H. C. R. 135, Requesting the Joint Committee on Government and Finance to study state hospitals in regards to the Hartley Case,

            H. C. R. 136, Requesting the Joint Committee on Government and Finance study that insurers cover topical ophthalmic treatment early refills in a manner similar to or consistent with CMS guidelines,

            H. C. R. 137, Requesting the Joint Committee on Government and Finance to study access and costs associated with cancer clinical trials,

            H. C. R. 138, Requesting the Joint Committee on Government and Finance to study and review the managed care system within the Bureau for Medical Services,

            H. C. R. 139, Requesting the Joint Committee on Government and Finance study the policies regarding sexual violence, domestic violence, dating violence, and stalking at public colleges in the state,

            H. C. R. 140, Requesting the Joint Committee on Government and Finance to conduct a study on public school finance,

            H. C. R. 141, Requesting that the Joint Committee on Government and Finance study the appropriate process for removing county, school district and municipal officers,

            S. C. R. 3, Requesting DOH name portion of Rt. 25 in Kanawha County “U. S. Army Sgt. James Lawrence Taylor Memorial Road”,

            Com. Sub. for S. C. R. 20, Requesting DOH name stretch of road in McDowell County “U. S. Army 1SG Joe C. Alderman Memorial Road”,

            S. C. R. 22, Requesting DOH name portion of U. S. Rt. 119 in Boone County “U. S. Army SGT Mark Andrew Messer Memorial Road”,

            S. C. R. 23, Requesting DOH name bridge in McDowell County “U. S. Army SFC Anthony Barton Memorial Bridge”,

            S. C. R. 25, Requesting DOH name bridge in Harrison County “U. S. Army PFC Nick A. Cavallaro Memorial Bridge” and “U. S. Army SSG Benjamin T. Portaro Memorial Bridge”,

            S. C. R. 29, Requesting DOH name bridge in Kanawha County “Rosie the Riveter Memorial Bridge”,

            Com. Sub. for S. C. R. 34, Requesting DOH name bridge in Greenbrier County “U. S. Army Air Corps LT William H. Corkrean, Jr., Memorial Bridge”,

            Com. Sub. for S. C. R. 35, Requesting DOH name bridge in McDowell County “U. S. Army CPL Zane Joseph Gero and U. S. Marine Corps CPL John Anthony ‘Tony’ Gero Memorial Bridge”,

            S. C. R. 41, Requesting DOH name bridge in Berkeley County “W. C. Honaker and Clyde Spies Memorial Bridge”,

            S. C. R. 42, Requesting DOH name bridge in Fayette County “Tygrett Brothers Seven Veterans Bridge”,

            S. C. R. 43, Requesting DOH name bridge in Nicholas County “U. S. Army SPC Richard Nesselrotte Bridge”,

            S. C. R. 44, Requesting DOH name bridge in Randolph County “U. S. Navy PO2 Robert Paul Laderach Memorial Bridge”,

            And,

            S. C. R. 45, Requesting DOH name bridge in Jackson County “James P. Spano, Jr., Memorial Bridge”.

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

Third ReadingCom. Sub. for S. B. 19, Specifying minimum early childhood education program instruction days; 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. 450), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 19) passed.

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

            Com. Sub. for S. B. 19 - “A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended, relating to minimum periods of instruction for early childhood education programs; setting forth minimum instructional days per week, minimum instructional minutes per week and minimum instructional days per year for early childhood education programs.”

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

            S. B. 106, Excepting professional engineer member from sanitary board when project engineer is under contract; 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. 451), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: R. Smith.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 106) passed.

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

            On this question, the yeas and nays were taken (Roll No. 452), 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: R. Smith and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 106) takes effect from its passage.

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

            Com. Sub. for S. B. 140, Amending State Administrative Procedures Act; 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. 453), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows: 

            Nays: Fleischauer and Perdue.

            Absent And Not Voting: Hartman and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 140) 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 S. B. 170, Authorizing Bureau of Commerce promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            Delegate Householder requested to be excused from voting on the passage of Com. Sub. for S. B. 170 under the provisions of House Rule 49.

            The Speaker replied that any impact on Delegate Householder would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 454), and there were--yeas 36, nays 63, absent and not voting 1, with the yeas and absent and not voting being as follows:

            Yeas: Speaker Armstead, Ambler, Arvon, Azinger, Blair, Cooper, Cowles, Eldridge, Ellington, Ferro, Fleischauer, Fluharty, Gearheart, Hamrick, Hanshaw, Hartman, Ireland, Lane, Manchin, Morgan, E. Nelson, O'Neal, Overington, Pethtel, L. Phillips, Rowan, Shott, Skinner, Sobonya, Trecost, Waxman, Weld, Westfall, H. White, Williams and Zatezalo.

            Absent And Not Voting: Walters.

            So, a majority of the members present and voting not having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 170) rejected.

            Com. Sub. for S. B. 182, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules; on third reading, coming up in regular order, was read a third time.

            Delegate Householder requested to be excused from voting on the passage of Com. Sub. for S. B. 182 under the provisions of House Rule 49.

            The Speaker replied that any impact on Delegate Householder would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 455), and there were--yeas 89, nays 10, absent and not voting 1, with the nays and absent and not voting being as follows: 

            Nays: Faircloth, Frich, Householder, Ihle, Moffatt, J. Nelson, R. Smith, Statler, Storch and Upson.

            Absent And Not Voting: Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 182) passed.

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

            On this question, the yeas and nays were taken (Roll No. 456), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 182 ) 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. 192, Authorizing Department of Transportation 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. 457), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 192) passed.

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

            On this question, the yeas and nays were taken (Roll No. 458), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 192) 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.

            On motion of Delegate Miley, the House reconsidered its action on the passage of Com. Sub. for S. B. 170.

            On motion of Delegate Cowles the bill was then laid over.

            Com. Sub. for S. B. 199, Authorizing miscellaneous agencies and boards promulgate legislative rules; on third reading, coming up in regular order, was reported by the Clerk.

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

            On motion of Delegate Folk the bill was amended on page twelve, section ten, line three, by inserting the following:

            “On page two, subdivision 3.1.o, by striking out all of subdivision 3.1.o.

            On page two, subdivision 3.1.p, by striking out all of subdivision 3.1.p.

            On page two, subdivision 3.1.q, by striking out all of subdivision 3.1.q.

            On page two, subdivision 3.1.r, by striking out all of subdivision 3.1.r.

            And,

            On page twelve, section ten, line four, by striking out the words “On page three, subdivision 3.1.u., by striking out all of paragraph 3.1.u.1 through paragraph 3.1.u.8 and renumbering the remaining paragraph” and inserting in lieu thereof “On page three, subdivision 3.1.u, by striking out all of subdivision 3.1.u.”

            The bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 459), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows: 

            Nays: Byrd.

            Absent And Not Voting: Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 199) passed.

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

            On this question, the yeas and nays were taken (Roll No. 460), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 199) 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. 243, Relating to school nutrition standards during state of emergency or preparedness; 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. 461), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 243) passed.

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

            On this question, the yeas and nays were taken (Roll No. 462), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 243) 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. 284, Relating to chief law-enforcement officer’s requirement to certify transfer or making of certain firearms; 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. 463), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 284) passed.

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

            Com. Sub. for S. B. 287, Providing posthumous high school diplomas; 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. 464), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 287) passed.

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

            Com. Sub. for S. B. 287 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-34a, relating to providing for awarding posthumous high school diplomas under certain circumstances; and designating provisions as ‘Todd’s Law’.”

            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. 342, Clarifying scope, application and requirements for error corrections by CPRB; 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. 465), and there were--yeas 84, nays 15, absent and not voting 1, with the nays and absent and not voting being as follows: 

            Nays: Folk, Hill, Ihle, Kurcaba, Lane, Lynch, McGeehan, Moffatt, Moye, J. Nelson, Perry, Reynolds, P. Smith, R. Smith and Wagner.

            Absent And Not Voting: Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 342) passed.

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

            Com. Sub. for S. B. 347, Creating Firearms Act of 2015; on third reading, coming up in regular order, was read a third time.

            At 12: 54 p.m., on motion of Delegate Cowles , the House of Delegates recessed until 1:30 p.m.

* * * * * * *

Afternoon Session

* * * * * * *

Special Calendar

Third Reading

-Continued-

            Com. Sub. for S. B. 347, Creating Firearms Act of 2015, still being in possession of the Clerk, was taken up for further consideration.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 466), and there were--yeas 71, nays 29, absent and not voting none, with the nays being as follows:

            Nays: Ambler, Ashley, Caputo, Cooper, Cowles, Ellington, D. Evans, Fleischauer, Guthrie, Hamilton, Hornbuckle, Ireland, Lynch, Manchin, McCuskey, Miley, Moore, Morgan, E. Nelson, Perdue, L. Phillips, Pushkin, Reynolds, Rowe, Shott, Skinner, Storch, Trecost and Westfall.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 347) passed.

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

            Com. Sub. for S. B. 347 - “A Bill to amend the Code of West Virginia, 1931, as amended, by amending and reenacting § 20-2-5, §20-2-6a, §61-7-3, §61-7-4, and §61-7-6 of said code; and, to amend said code by adding thereto one new section, designated §61-7-7(e), all relating to creating the West Virginia Firearms Act of 2015; providing that one not prohibited from possessing firearms may carry a deadly weapon for self-defense while in the woods of this state; establishing that if a magazine is detached and no cartridges remain in a rifle or shotgun, that rifle or shotgun is considered unloaded; removing the requirement of a license to carry a concealed handgun afield; establishing that criminal penalties for carrying a concealed deadly weapon without state license or other lawful authorization applies to persons under twenty-one years of age; establishing that when a concealed handgun license holder moves to another county within the state, unless the sheriff of the new county determines that person is no longer eligible for a concealed deadly weapon license, the sheriff shall issue a new license, and providing for a fee to do so; removing the requirement that a concealed weapons licensee carry state-issued photo identification when carrying a concealed weapon; removing criminal penalties for failure to carry state-issued photo identification when carrying a concealed weapon; providing that active duty members of the United States Armed Forces, National Guard, or United States Armed Forces Reserves are not subject to the criminal penalties for carrying a concealed deadly weapon without license or lawful authorization; removing exemption for certain judicial officers, prosecutors and staff from deadly weapon licensing and application fees; providing enhanced penalties for use of a firearm during commission of a felony; and excepting enhanced penalties in certain circumstances when a firearm is used in defense of self or others.”

            S. B. 360, Repealing code sections relating to book indexes and claims reports required by court clerks; 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. 467), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent And Not Voting: McCuskey, L. Phillips and Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 360) passed.

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

            On this question, the yeas and nays were taken (Roll No. 468), 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: McCuskey and Romine.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 360) takes effect from its passage.

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

            Com. Sub. for S. B. 390, Authorizing PSC approve expedited cost recovery of natural gas utility infrastructure projects; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.

Speaker Pro Tempore Anderson in the Chair

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the amendment to S. B. 390 and the passage of said bill under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that any impact on Mr. Armstead would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse him from voting.

Mr. Speaker, Mr. Armstead, in the Chair

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill page five, section one-k, line four immediately following the word “section”, by inserting “if the proposed plans have been found to be prudent and useful”.

            On page seven, section one-k, line eight immediately following the word “commission”, by striking the word “may” and inserting in lieu thereof the word “shall”.

            And,

            On page seven, section one-k, line nine, immediately following the word “notice”, by inserting a semicolon and “unless no opposition to the rate change is received by the Public Service Commission within one week of the proposed hearing date, in which case the hearing can be waived” and a comma.

            The bill was then read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 469), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows: 

            Nays: Eldridge, Hicks, Marcum, Moye and Perdue.

            Absent And Not Voting: Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 390) passed.

            Delegate Cowles moved that the bill take effect from passage and subsequently withdrew his motion.

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

            S. B. 403, Increasing period during which motor vehicle lien is valid; 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. 470), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Romine.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 403) passed.

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

            Com. Sub. for S. B. 409, Establishing Fair and Open Competition in Governmental Construction Act; 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. 471), and there were--yeas 62, nays 36, absent and not voting 2, with the nays and absent and not voting being as follows: 

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

            Absent And Not Voting: Arvon and Deem.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 409) passed.

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

            S. B. 412, Relating to Real Estate Commission complaint filings; on third reading, coming up in regular order, was read a third time.

            Delegate Sobonya requested to be excused from voting on the passage of S. B. 412 under the provisions of House Rule 49.

            The Speaker replied that any impact on Delegate Sobonya would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Lady from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 472), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows: 

            Nays: Marcum, L. Phillips and Trecost.

            Absent And Not Voting: Arvon, Deem and Guthrie.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 412) passed.

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

            Com. Sub. for S. B. 430, Permitting mutual orders enjoining certain contact between parties to domestic relations actions; 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. 473), 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: Arvon and Guthrie.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 430) passed.

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

            Com. Sub. for S. B. 430 - “A Bill to amend and reenact §48-27-507 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §51-2A-2a, all relating to exempting orders enjoining certain contact between parties to a domestic relations action from the prohibition against mutual protective orders; authorizing family courts of the state to enter standing orders enjoining certain contact between parties to a domestic relations action; providing for certain terms and effective length of such orders; authorizing family courts of the state to enter orders enjoining certain contact between parties to a domestic relations action when there has been a finding of misconduct by a party; authorizing family court to enforce its order through an order of contempt; and expressing intent of the Legislature.”

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

            On this question, the yeas and nays were taken (Roll No. 474), 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: Arvon and Guthrie.

            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. 430) 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.

            S. B. 481, Relating to municipal policemen’s and firemen’s pension and relief funds’ investment; 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. 475), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:

            Absent And Not Voting: Arvon, Fleischauer and Guthrie.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 481) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

            S. B. 481 - “A Bill to amend and reenact §8-22-22 and §8-22-22a of the Code of West Virginia, 1931, as amended, all relating to the investment authority of municipal policemen’s and firemen’s pension and relief funds; authorizing the delegation of investment authority; requiring diversification of investments of municipal policemen's and firemen's pension and relief funds; and providing investment requirements.”

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

            S. B. 483, Clarifying continuing election of municipal policemen’s and firemen’s pension and relief funds’ trustees; 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. 476), 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: Arvon and Guthrie.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 483) 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 S. B. 488, Reestablishing and modifying Broadband Deployment Council; on third reading, coming up in regular order, was read a third time.

            Delegate Espinosa requested to be excused from voting on the passage of Com. Sub. for S. B. 488 under the provisions of House Rule 49.

            The Speaker replied that any impact on Delegate Espinosa would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 477), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Arvon.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 488) passed.

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

            Com. Sub. for S. B. 488 - “A Bill to repeal §31-15C-10, §31-15C-11 and §31-15C-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-15C-2, §31-15C-3, §31-15C-4, §31-15C-5, §31-15C-7 and §31-15C-9 of said code, all relating to creation of Broadband Enhancement Council; modifying definitions; establishing membership; outlining powers and duties; establishing a Broadband Enhancement Fund; requiring the Secretary of the Department of Commerce to administer and control the Broadband Enhancement Fund; transferring funds from Broadband Deployment Council Fund to the Department of Commerce; modifying requirements for retention of outside expert consultant; and granting legislative rule making authority.”

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

            S. B. 514, Relating to investments of local policemen’s and firemen’s pension and relief funds; 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. 478), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Arvon.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 514) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

            S. B. 514 - “A Bill to amend and reenact §33-3-14d of the Code of West Virginia, 1931, as amended, relating to investments by local policemen's and firemen's pension and relief fund boards; requiring annual review of investment performance; requiring investment with the Investment Management Board in certain circumstances; and reallocating certain tax revenue in certain circumstances.”

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

            S. B. 515, Allowing Municipal Pensions Oversight Board invest funds with Investment Management Board or Board of Treasury Investments; 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. 479), and there were--yeas 98, nays 2, absent and not voting 0, with the nays being as follows:

            Nays: Folk and McGeehan.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 515) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

            The Committee on Finance moves to amend the title of the bill to read as follows:

            S. B. 515 - “A Bill to amend and reenact §8-22-18a and §8-22-18b of the Code of West Virginia, 1931, as amended, all relating to Municipal Pensions Oversight Board; and retention, allocation, distribution and investment of funds.”

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

            S. B. 518, Permitting county and municipal economic development authorities invest certain funds; on third reading, coming up in regular order, was read a third time.

            Delegates Hartman, L. Phillips, Morgan, Perdue, Weld and Zatezalo requested to be excused from voting on the passage of S. B. 518 under the provisions of House Rule 49.

            The Speaker replied that any impact on the Delegates would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Delegates from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 480), and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:

            Nays: Azinger and McGeehan.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 518) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

            S. B. 518 - “A Bill to amend and reenact §7-12-7 of the Code of West Virginia, 1931, as amended, relating generally to granting county and municipal economic development authorities the authority 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 under an investment policy adopted and maintained by the board that is consistent with the standards of the Uniform Prudent Investor Act; and requiring that the board consult and invest the funds with the West Virginia Board of Treasury Investments or the West Virginia Investment Management Board.”

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

            S. B. 549, Establishing classifications and salary schedules for State Police forensic lab civilian employees; 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. 481), and there were--yeas 100, nays none, absent and not voting none.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 549) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

            S. B. 549 - “A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to certain civilian employees within the West Virginia State Police; authorizing the superintendent to appoint a director and a manager; providing for classification of laboratory employees; establishing base salaries; and requiring a manual to be provided to employees.”

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

            S. B. 580, Relating to statute of limitations on health care injury claims for minors; 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. 482), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Azinger.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 580) passed.

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

            On this question, the yeas and nays were taken (Roll No. 483), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:

            Absent And Not Voting: Azinger.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 580) 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.

            S. B. 581, Relating to Tourism Promotion Fund and Courtesy Patrol Fund; 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. 484), and there were--yeas 91, nays 8, absent and not voting 1, with the nays and absent and not voting being as follows: 

            Nays: Azinger, Cadle, Folk, Frich, Ihle, Kurcaba, McGeehan and J. Nelson.

            Absent And Not Voting: Eldridge.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 581) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

            S. B. 581 - “A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-1-3 of said code, all relating to transferring administration of the Courtesy Patrol Program and the Courtesy Patrol Fund from Division of Tourism to Division of Highways; authorizing expenditures to fund the courtesy patrol program to be made pursuant to appropriation of the Legislature from the state road fund; eliminating requirement that moneys be transferred from the Tourism Promotion Fund to the Courtesy Patrol Fund; providing for the disposition of balances in the fund upon transfer; providing sources of funding for the program; and providing for the uses of monies in the fund.”

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

            On this question, the yeas and nays were taken (Roll No. 485), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows: 

            Nays: Frich and Ihle.

            Absent And Not Voting: Eldridge.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 583) 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.

            S. B. 583, Increasing tax rate on providers of certain nursing facility services; on third reading, coming up in regular order, was read a third time.

            Delegate Campbell requested to be excused from voting on the passage of S. B. 518 under the provisions of House Rule 49.

            The Speaker replied that any impact on Delegate Campbell would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Lady from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 486), and there were--yeas 70, nays 29, absent and not voting 1, with the nays and absent and not voting being as follows: 

            Nays: Arvon, Azinger, Cadle, Eldridge, A. Evans, Faircloth, Fast, Fluharty, Folk, Foster, Frich, Gearheart, Hill, Householder, Howell, Ihle, Kessinger, Kurcaba, Marcum, McGeehan, Moffatt, J. Nelson, Sponaugle, Storch, Summers, Trecost, Upson, H. White and Zatezalo.

            Absent And Not Voting: Deem.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 583) passed.

            An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:

            The Committee on Finance moved to amend the title of the bill to read as follows:

            S. B. 583 - “A Bill to amend and reenact §11-27-11 of the Code of West Virginia, 1931, as amended, relating to increasing the tax rate on providers of certain nursing facility services; providing effective dates for the tax rate.”

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

            On this question, the yeas and nays were taken (Roll No. 487), and there were--yeas 90, nays 9, absent and not voting 1, with the nays and absent and not voting being as follows: 

            Nays: Cadle, Eldridge, Faircloth, Ihle, Marcum, Moffatt, Reynolds, Sponaugle and H. White.

            Absent And Not Voting: Deem.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 583) 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.

            At 5:05 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 5:30 p.m.

* * * * * * *

Evening Session

* * * * * * *

Special Calendar

Third Reading

-Continued-

            Com. Sub. for H. B. 2016, Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution; on third reading, coming up in regular order, was read a third time.

Speaker Pro Tempore Anderson in the Chair

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of Com. Sub. for H. B. 2016 under the provisions of House Rule 49.

            Delegates Ambler, Ashley, Boggs, Byrd, Campbell, Duke, Eldridge, Espinosa, D. Evans, Fast, Ferro, Fleischauer, Lynch, Marcum, Moye, Perdue and P. Smith also requested to be excused from voting on the passage of Com. Sub. for H. B. 2016 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that any impact on the Members would be as members of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.

Mr. Speaker, Mr. Armstead, in the Chair

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 488), and there were--yeas 84, nays 14, absent and not voting 2, with the nays and absent and not voting being as follows: 

            Nays: Cadle, Faircloth, Folk, Householder, Ihle, Kurcaba, Lane, Lynch, McGeehan, Moffatt, Morgan, J. Nelson, Overington and P. Smith.

            Absent And Not Voting: Kelly and Manchin.

            So, a majority of the members elected having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2016) passed.

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

            On this question, the yeas and nays were taken (Roll No. 489), and there were--yeas 90, nays 6, absent and not voting 4, with the nays and absent and not voting being as follows: 

            Nays: Cadle, Faircloth, Folk, Ihle, McGeehan and J. Nelson.

            Absent And Not Voting: Arvon, Kelly, Manchin and Moffatt.

            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. 2016) 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.

Messages from the Executive

            The Speaker laid before the House of Delegates a Proclamation from His Excellency, the Governor, which was read by the Clerk as follows:

State of West Virginia

EXECUTIVE DEPARTMENT

Charleston

A P R O C L A M A T I O N

By the Governor

            Whereas, The Constitution of West Virginia sets forth the respective powers, duties and responsibilities of the three separate branches of government; and

            Whereas, Article VI, Section 22 of the Constitution of West Virginia provides that the current regular session of the Legislature shall not exceed sixty calendar days computed from and including the second Wednesday of January, two thousand fifteen; and

            Whereas, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the two thousand fifteen regular session of the Legislature shall conclude on the fourteenth day of March, two thousand fifteen; and

            Whereas, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and

            Whereas, Subsection D, Article VI, Section 51 of the Constitution of West Virginia requires the Governor to issue a proclamation extending the regular session of the Legislature if the Budget Bill shall not have been finally acted upon by the Legislature three days before the expiration of its regular session; and

            Whereas, The Budget Bill has not been finally acted upon by the Legislature as of this eleventh day of March, two thousand fifteen.

            NOW, THEREFORE, I, EARL RAY TOMBLIN, Governor of the State of West Virginia, do hereby issue this Proclamation, in accordance with Subsection D Article VI, Section 51 of the Constitution of West Virginia, extending the two thousand fifteen regular session of the Legislature for consideration of the Budget Bill for an additional period not to exceed four days, through and including the eighteenth day of March, two thousand fifteen; but no matters other than the Budget Bill shall be considered during this extension of the session, except a provision for the cost thereof.

            IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of Charleston, State of West Virginia, on this the eleventh day of March, in the year of our Lord, Two Thousand Fifteen, and in the One Hundred Fifty-Second year of the State.

Earl Ray Tomblin,

Governor.

By the Governor:

NATALIE E. TENNANT,

      Secretary of State.

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

            Your Committee on Finance has had under consideration:

            H. C. R. 149, Requesting the Joint Committee on Government and Finance to study potential improvements to pensions for retired teachers and public employees who have been retired for ten or more years,

            With the recommendation that it be adopted.

            On motion for leave, a resolution was introduced (Originating in the Committee on Small Business, Entrepreneurship and Economic Development and reported with the recommendation that it be adopted) which was read by its title, as follows:

            By Delegates Miller, Espinosa, Ashley, Bates, Hanshaw, Lane, Morgan, Stansbury and Westfall: 

            H. C. R. 150 - “Requesting that the Joint Committee on Government and Finance study the distribution of unemployment rates across the state's fifty-five counties, the availability of money and other resources to stimulate economic growth in the state's counties and whether additional money or other resources should be made available to stimulate economic growth in counties with the highest rates of unemployment.”

            Whereas, The state’s fifty-five counties suffer from differing rates of unemployment; and

            Whereas, The state has created various programs to stimulate economic growth in the state’s counties; and

            Whereas, Despite these programs, the state’s most depressed counties continue to suffer from unacceptably high rates of unemployment; and

            Whereas, Additional money or other resources, wisely applied, might stimulate growth in the state’s most depressed counties and reduce their rates of unemployment; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Joint Committee on Government and Finance is hereby requested to study the distribution of unemployment rates across the state’s fifty-five counties, the availability of money and other resources to stimulate economic growth in the state’s counties and whether additional money or other resources should be made available to stimulate economic growth in counties with the highest rates of unemployment; 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.

            Delegate E. 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 S. B. 316, Exempting new veteran-owned business from certain fees paid to Secretary of State,

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

            At the respective requests of Delegate Cowles, and by unanimous consent, the bill (Com. Sub. for S. B. 316) was taken up for immediate consideration, read a first time and ordered to second reading.

Second ReadingCom. Sub. for S. B. 12, Relating to payment of separated employee’s outstanding wages; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with an amendment pending, and the restricted right to amend jointly by Delegates E. Nelson and Sponaugle, and the rule was suspended to permit the offering and consideration of the amendments on that reading.

            Com. Sub. for S. B. 14, Creating Public Charter Schools Act of 2015; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with amendments pending, and the rule was suspended to permit the consideration of the amendments on that reading.

            Com. Sub. for S. B. 323, Relating to municipal home rule; on second reading, coming up in regular order, was read a second time.

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

“ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.

§8-1-5a. Municipal Home Rule Pilot Program.

            (a) Legislative findings. -- The Legislature finds and declares that:

            (1) The initial Municipal Home Rule Pilot Program brought innovative results, including novel municipal ideas that became municipal ordinances which later resulted in new statewide statutes;

            (2) The initial Municipal Home Rule Pilot Program also brought novel municipal ideas that resulted in court challenges against some of the participating municipalities;

            (3) The Municipal Home Rule Board was an essential part of the initial Municipal Home Rule Pilot Program, but it lacked some needed powers and duties;

            (4) Municipalities still face challenges delivering services required by federal and state law or demanded by their constituents;

            (5) Municipalities are sometimes restrained by state statutes, policies and rules that challenge their ability to carry out their duties and responsibilities in a cost-effective, efficient and timely manner;

            (6) Continuing the Municipal Home Rule Pilot Program is in the public interest; and

            (7) Increasing the powers and duties of the Municipal Home Rule Board will enhance the Municipal Home Rule Pilot Program.

            (b) Continuance of pilot program. -- The Municipal Home Rule Pilot Program is continued until July 1, 2019. The ordinances enacted by the four participating municipalities pursuant to the initial Municipal Home Rule Pilot Program are hereby authorized and may remain in effect, subject to the requirements of this section, until the ordinances are repealed, but are null and void if amended and such amendment is not approved by the Municipal Home Rule Board: Provided, That any ordinance enacting a municipal occupation tax is hereby null and void.

            (c) Authorizing participation. --

            (1) Commencing July 1, 2013 2015, twenty thirty Class I, Class II, Class III and/or Class IV municipalities that are current in payment of all state fees may participate in the Municipal Home Rule Pilot Program pursuant to the provisions of this section.

            (2) The four municipalities participating in the pilot program on July 1, 2012, the effective date of the amendment and reenactment of this section are hereby authorized to continue in the pilot program, subject to the requirements of this section, and may amend current written plans and/or submit new written plans in accordance with the provisions of this section.

            (3) If any of the four municipalities participating in the pilot program on July 1, 2012, do not want to participate in the pilot program, then on or before June 1, 2014, the municipality must submit a written letter to the board indicating the municipality’s intent not to participate and the board may choose another municipality to fill the vacancy: Provided, That if a municipality chooses not to participate further in the pilot program, its ordinances enacted pursuant to the Municipal Home Rule Pilot Program are hereby authorized and may remain in effect until the ordinances are repealed, but are null and void if amended: Provided, however, That any ordinance enacting a municipal occupation tax is null and void.

            (d) Municipal Home Rule Board. -- The Municipal Home Rule Board is hereby continued. The board members serving on the board on July 1, 2012, may continue to serve, except that the Chair of the Senate Committee on Government Organization and the Chair of the House Committee on Government Organization shall be ex officio nonvoting members. Effective July 1, 2013 2015, the Municipal Home Rule Board shall consist of the following five voting members:

            (1) The Governor, or a designee, who shall serve as chair;

            (2) The Executive Director of the West Virginia Development Office or a designee;

            (3) One member representing the Business and Industry Council, appointed by the Governor with the advice and consent of the Senate;

            (4) One member representing the largest labor organization in the state, appointed by the Governor with the advice and consent of the Senate; and

            (5) One member representing the West Virginia Chapter of the American Institute of Certified Planners, appointed by the Governor with the advice and consent of the Senate.

             The Chair of the Senate Committee on Government Organization and the Chair of the House Committee on Government Organization shall continue to be ex officio nonvoting members of the Board.

            (e) Board’s powers and duties. -- The Municipal Home Rule Board has the following powers and duties:

            (1) Review, evaluate, make recommendations and approve or reject, by a majority vote of the board, each aspect of the written plan submitted by a municipality;

            (2) By a majority vote of the board, select, based on the municipality’s written plan, new Class I, Class II, Class III, and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program;

            (3) Review, evaluate, make recommendations and approve or reject, by a majority vote of the Board, the amendments to the written plans submitted by municipalities;

            (4) Approve or reject, by a majority vote of the board, each ordinance submitted by a participating municipality pursuant to its written plan or its amendments to the written plan;

            (5) (4) Consult with any agency affected by the written plans or the amendments to the written plans; and

            (6) (5) Perform any other powers or duties necessary to effectuate the provisions of this section.

            (f) Written plan. -- On or before June 1, 2014, a Any Class I, Class II, Class III or Class IV municipality desiring to participate in the Municipal Home Rule Pilot Program shall submit a written plan to the board stating in detail the following:

            (1) The specific laws, acts, resolutions, policies, rules or regulations which prevent the municipality from carrying out its duties in the most cost-efficient, effective and timely manner;

            (2) The problems created by the laws, acts, resolutions, policies, rules or regulations;

            (3) The proposed solutions to the problems, including all proposed changes to ordinances, acts, resolutions, rules and regulations: Provided, That the specific municipal ordinance instituting the solution does not have to be included in the written plan; and

            (4) A written opinion, by an attorney licensed to practice in West Virginia, stating that the proposed written plan does not violate the provisions of this section.

            (g) Public hearing on written plan. -- Prior to submitting its written plan to the board, the municipality shall:

            (1) Hold a public hearing on the written plan;

            (2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;

            (3) Make a copy of the written plan available for public inspection at least thirty days prior to the public hearing; and

            (4) After the public hearing, adopt an ordinance authorizing the municipality to submit a written plan to the Municipal Home Rule Board after the proposed ordinance has been read two times.

            (h) Selection of municipalities. -- On or after June 1, 2014 June 1, 2015, by a majority vote, the Municipal Home Rule Board may select from the municipalities that submitted written plans and were approved by the board by majority vote, new Class I, Class II, Class III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program.

            (I) Ordinance, act, resolution, rule or regulation. -- After being selected to participate in the Municipal Home Rule Pilot Program and prior to enacting an ordinance, act, resolution, rule or regulation based on the written plan, the municipality shall:

            (1) Hold a public hearing on the proposed ordinance, act, resolution, rule or regulation;

            (2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;

            (3) Make a copy of the proposed ordinance, act, resolution, rule or regulation available for public inspection at least thirty days prior to the public hearing;

            (4) After the public hearing, submit the comments, either in audio or written form, to the Municipal Home Rule Board.

            (5) Obtain approval, from the Municipal Home Rule Board by a majority vote, for the proposed ordinance, act, resolution, rule or regulation; and

            (6) After obtaining approval from the Municipal Home Rule Board, read the proposed ordinance, act, resolution, rule or regulation at least two times.

            (j)(i) Powers and duties of municipalities. -- The municipalities participating in the Municipal Home Rule Pilot Program have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section, that is not contrary to:

            (1) Environmental law;

            (2) Bidding Laws governing bidding on government construction and other contracts;

            (3) The Freedom of Information Act;

            (4) The Open Governmental Proceedings Act;

            (5) Wages Laws governing wages for construction of public improvements;

            (6) The provisions of this section;

            (7) The provisions of section five-a, article twelve of this chapter; and

            (8) The municipality’s written plan.;

            (k) Prohibited acts. -- The municipalities participating in the Municipal Home Rule Pilot Program do not have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section, pertaining to:

            (1)(9) The Constitution of the United States or the Constitution of the State of West Virginia;

            (2)(10) Federal law or crimes and punishment;

            (3)(11) Chapters sixty-a, sixty-one and sixty-two of this code or state crimes and punishment;

            (4)(12) Pensions Laws governing pensions or retirement plans;

            (5)(13) Annexation Laws governing annexation;

            (6)(14) Taxation Laws governing taxation: Provided, That a participating municipality may enact a municipal sales tax up to one percent if it reduces or eliminates its municipal business and occupation tax: Provided, however, That if a municipality subsequently reinstates or raises the municipal business and occupation tax it previously reduced or eliminated under the Municipal Home Rule Pilot Program, it shall eliminate the municipal sales tax enacted under the Municipal Home Rule Pilot Program:  Provided further, That any municipality that imposes a municipal sales tax pursuant to this section shall use the services of the Tax Commissioner to administer, enforce and collect the tax in the same manner as the state consumers sales and service tax and use tax under the provisions of articles fifteen, fifteen-a and fifteen-b, chapter eleven of this code and all applicable provisions of the streamlined sales and use tax agreement: And provided further, That such tax will not apply to the sale of motor fuel or motor vehicles;

            (7)(15) Tax Laws governing tax increment financing;

            (8)(16) Extraction Laws governing extraction of natural resources; and

            (9) Persons or property outside the boundaries of the municipality: Provided, That this prohibition under the Municipal Home Rule Pilot Program does not affect a municipality’s powers outside its boundary lines under other sections of this chapter, other chapters of this code or court decisions;

            (10)(17) Marriage and divorce laws.; and

            (11) An occupation tax, fee or assessment payable by a nonresident of a municipality.

            (j) Municipalities may not pass an ordinance, act, resolution, rule or regulation under the provisions of this section that:

            (1) Affects persons or property outside the boundaries of the municipality: Provided, That this prohibition under the Municipal Home Rule Pilot Program does not limit a municipality’s powers outside its boundary lines under other provisions of this section, other sections of this chapter, other chapters of this code or court decisions; or

            (2) Enacts an occupation tax, fee, or assessment payable by a nonresident of a municipality.

            (l)(k) Amendments to written plans. -- A municipality selected to participate participating in the Municipal Home Rule Pilot Program may amend its written plan at any time.

            (l) Amendments to ordinances, acts, resolutions, rules or regulations. - A municipality participating in the Municipal Home Rule Pilot Program may amend any ordinance, act, resolution, rule, or regulation enacted pursuant the municipality’s approved written plan at any time so long as any amendment is consistent with the municipality’s approved written plan, complies with the provisions of subsections (i) and (j) of this section, and the municipality complies with all applicable state law procedures for enacting municipal legislation.

            (m) Reporting requirements. -- Commencing December 1, 2015, and each year thereafter, each participating municipality shall give a progress report to the Municipal Home Rule Board and commencing January 1, 2016, and each year thereafter, the Municipal Home Rule Board shall give a summary report of all the participating municipalities to the Joint Committee on Government and Finance.

            (n) Performance Evaluation and Review Division review. --Before January 1, 2019, the Performance Evaluation and Review Division of the Legislative Auditor’s Office shall conduct a performance review on the pilot program and the participating municipalities. The review shall include the following:

            (1) An evaluation of the effectiveness of expanded home rule on the participating municipalities;

            (2) A recommendation as to whether the expanded home rule should be continued, reduced, expanded or terminated;

            (3) A recommendation as to whether any legislation is necessary; and

            (4) Any other issues considered relevant.

            (o)(n) Termination of the pilot program. -- The Municipal Home Rule Pilot Program terminates on July 1, 2019. No ordinance, act, resolution, rule or regulation may be enacted by a participating municipality after July 1, 2019, pursuant to the provisions of this section. An ordinance, act, resolution, rule or regulation enacted by a participating municipality under the provisions of this section during the period of the Municipal Home Rule Pilot Program shall continue in full force and effect until repealed, but is null and void if it is amended and such amendment is not approved by the Municipal Home Rule Board.

            (o) Notwithstanding any other provision of this code to the contrary, on and after the effective date of the enactment of this provision in 2015, no distributee under the provisions of this section may seek from the Tax Division of the Department of Revenue a refund of revenues or monies collected by, or remitted to, the Tax Division of the Department of Revenue, nor seek a change in past amounts distributed, or any other retrospective adjustment relating to any amount distributed, to the extent that the monies in question have been distributed to another distributee, regardless of whether those distributions were miscalculated, mistaken, erroneous, misdirected or otherwise inaccurate or incorrect. For purposes of this section the term ‘distributee’ means any municipality that receives or is authorized to receive a specific distribution of revenues or monies collected by, or remitted to, the Tax Division of the Department of Revenue pursuant to this section.”

            And amendment, offered by Delegate Sobonya, was reported by the Clerk on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

            “That §8-1-5a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.

§8-1-5a. Municipal Home Rule Pilot Program.

            (a) Legislative findings. -- The Legislature finds and declares that:

            (1) The initial Municipal Home Rule Pilot Program brought innovative results, including novel municipal ideas that became municipal ordinances which later resulted in new statewide statutes;

            (2) The initial Municipal Home Rule Pilot Program also brought novel municipal ideas that resulted in court challenges against some of the participating municipalities;

            (3) The Municipal Home Rule Board was an essential part of the initial Municipal Home Rule Pilot Program, but it lacked some needed powers and duties;

            (4) Municipalities still face challenges delivering services required by federal and state law or demanded by their constituents;

            (5) Municipalities are sometimes restrained by state statutes, policies and rules that challenge their ability to carry out their duties and responsibilities in a cost-effective, efficient and timely manner;

            (6) Continuing the Municipal Home Rule Pilot Program is in the public interest; and

            (7) Increasing the powers and duties of the Municipal Home Rule Board will enhance the Municipal Home Rule Pilot Program.

            (3) The Municipal Home Rule Pilot Program, although having produced some novel municipal ideas, has also created disparity between municipalities by allowing powers for some that are not available to others;

            (4) In order to correct these disparate results, municipalities should be afforded the opportunity to adopt ordinances enacted pursuant to the Municipal Home Rule Pilot Program;

            (5) The Municipal Home Rule Pilot Program should be terminated;

            (6) The Municipal Home Rule Board, having served its function, should be terminated.

            (b) Continuance Termination of pilot program. -- The Municipal Home Rule Pilot Program is continued until July 1, 2019 terminated effective July 1, 2015. The ordinances enacted by the four participating municipalities pursuant to the initial Municipal Home Rule Pilot Program are hereby authorized and may remain in effect until the ordinances are repealed. but are null and void if amended and such amendment is not approved by the Municipal Home Rule Board: Provided, That any ordinance enacting a municipal occupation tax is hereby null and void.

            (c) Authorizing participation. --

            (1) Commencing July 1, 2013, twenty Class I, Class II, Class III and/or Class IV municipalities that are current in payment of all state fees may participate in the Municipal Home Rule Pilot Program pursuant to the provisions of this section.

            (2) The four municipalities participating in the pilot program on July 1, 2012, are hereby authorized to continue in the pilot program and may amend current written plans and/or submit new written plans in accordance with the provisions of this section.

            (3) If any of the four municipalities participating in the pilot program on July 1, 2012, do not want to participate in the pilot program, then on or before June 1, 2014, the municipality must submit a written letter to the board indicating the municipality’s intent not to participate and the board may choose another municipality to fill the vacancy: Provided, That if a municipality chooses not to participate further in the pilot program, its ordinances enacted pursuant to the Municipal Home Rule Pilot Program are hereby authorized and may remain in effect until the ordinances are repealed, but are null and void if amended: Provided, however, That any ordinance enacting a municipal occupation tax is null and void.

            (c) Extension of ordinances to municipalities - As of the date of passage of this amendment legislation during the 2015 Legislative Session, any ordinance, act, resolution, rule or regulation enacted pursuant to the Municipal Home Rule Pilot Program shall be made available for adoption by any other municipality. Each municipality wishing to adopt the ordinance, act, resolution, rule or regulation must:

            (1) Hold a public hearing on the proposed ordinance, act, resolution, rule or regulation;

            (2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;

            (3) Make a copy of the proposed ordinance, act, resolution, rule or regulation available for public inspection at least thirty days prior to the public hearing;

            (4) After obtaining approval from the city council, read the proposed ordinance, act, resolution, rule or regulation at least two times.

            (d) Municipal Home Rule Board. -- The Municipal Home Rule Board is hereby continued terminated. The board members serving on the board on July 1, 2012, may continue to serve, except that the Chair of the Senate Committee on Government Organization and the Chair of the House Committee on Government Organization shall be ex officio nonvoting members. Effective July 1, 2013, the Municipal Home Rule Board shall consist of the following five voting members:

            (1) The Governor, or a designee, who shall serve as chair;

            (2) The Executive Director of the West Virginia Development Office or a designee;

            (3) One member representing the Business and Industry Council, appointed by the Governor with the advice and consent of the Senate;

            (4) One member representing the largest labor organization in the state, appointed by the Governor with the advice and consent of the Senate; and

            (5) One member representing the West Virginia Chapter of the American Institute of Certified Planners, appointed by the Governor with the advice and consent of the Senate.

            (e) Board's powers and duties. -- The Municipal Home Rule Board has the following powers and duties:

            (1) Review, evaluate, make recommendations and approve or reject, by a majority vote of the board, each aspect of the written plan submitted by a municipality;

            (2) By a majority vote of the board, select, based on the municipality's written plan, new Class I, Class II, Class III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program;

            (3) Review, evaluate, make recommendations and approve or reject, by a majority vote of the board, the amendments to the written plans submitted by municipalities;

            (4) Approve or reject, by a majority vote of the board, each ordinance submitted by a participating municipality pursuant to its written plan or its amendments to the written plan;

            (5) Consult with any agency affected by the written plans or the amendments to the written plans; and

            (6) Perform any other powers or duties necessary to effectuate the provisions of this article.

            (f) Written plan. -- On or before June 1, 2014, a Class I, Class II, Class III or Class IV municipality desiring to participate in the Municipal Home Rule Pilot Program shall submit a written plan to the board stating in detail the following:

            (1) The specific laws, acts, resolutions, policies, rules or regulations which prevent the municipality from carrying out its duties in the most cost-efficient, effective and timely manner;

            (2) The problems created by the laws, acts, resolutions, policies, rules or regulations;

            (3) The proposed solutions to the problems, including all proposed changes to ordinances, acts, resolutions, rules and regulations: Provided, That the specific municipal ordinance instituting the solution does not have to be included in the written plan; and

            (4) A written opinion, by an attorney licensed to practice in West Virginia, stating that the proposed written plan does not violate the provisions of this section.

            (g) Public hearing on written plan. -- Prior to submitting its written plan to the board, the municipality shall:

            (1) Hold a public hearing on the written plan;

            (2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;

            (3) Make a copy of the written plan available for public inspection at least thirty days prior to the public hearing; and

            (4) After the public hearing, adopt an ordinance authorizing the municipality to submit a written plan to the Municipal Home Rule Board after the proposed ordinance has been read two times.

            (h) Selection of municipalities. -- On or after June 1, 2014, by a majority vote, the Municipal Home Rule Board may select from the municipalities that submitted written plans and were approved by the board by majority vote, new Class I, Class II, Class III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program.

            (i) Ordinance, act, resolution, rule or regulation. -- After being selected to participate in the Municipal Home Rule Pilot Program and prior to enacting an ordinance, act, resolution, rule or regulation based on the written plan, the municipality shall:

            (1) Hold a public hearing on the proposed ordinance, act, resolution, rule or regulation;

            (2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;

            (3) Make a copy of the proposed ordinance, act, resolution, rule or regulation available for public inspection at least thirty days prior to the public hearing;

            (4) After the public hearing, submit the comments, either in audio or written form, to the Municipal Home Rule Board;

            (5) Obtain approval, from the Municipal Home Rule Board by a majority vote, for the proposed ordinance, act, resolution, rule or regulation; and

            (6) After obtaining approval from the Municipal Home Rule Board, read the proposed ordinance, act, resolution, rule or regulation at least two times.

            (j) (e) Powers and duties of municipalities. -- The municipalities participating inunder the power of the Municipal Home Rule Pilot Program have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section, that is not contrary to:

            (1) Environmental law;

            (2) Bidding on government construction and other contracts;

            (3) The Freedom of Information Act;

            (4) The Open Governmental Proceedings Act;

            (5) Wages for construction of public improvements;

            (6) The provisions of this section;

            (7) The provisions of section five-a, article twelve of this chapter; and

            (8) The municipality's written plan.

            (k) (f) Prohibited acts. -- The municipalities participating inunder the power of the Municipal Home Rule Pilot Program do not have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section, pertaining to:

            (1) The Constitution of the United States or West Virginia;

            (2) Federal law or crimes and punishment;

            (3) Chapters sixty-a, sixty-one and sixty-two of this code or state crimes and punishment;

            (4) Pensions or retirement plans;

            (5) Annexation;

            (6) Taxation: Provided, That a participating municipality may enact a municipal sales tax up to one percent if it reduces or eliminates its municipal business and occupation tax: Provided, however, That if a municipality subsequently reinstates or raises the municipal business and occupation tax it previously reduced or eliminated under the Municipal Home Rule Pilot Program, it shall eliminate the municipal sales tax enacted under the Municipal Home Rule Pilot Program:  Provided further, That any municipality that imposes a municipal sales tax pursuant to this section shall use the services of the Tax Commissioner to administer, enforce and collect the tax in the same manner as the state consumers sales and service tax and use tax under the provisions of articles fifteen, fifteen-a and fifteen-b, chapter eleven of this code and all applicable provisions of the streamlined sales and use tax agreement:  And provided further, That such tax will not apply to the sale of motor fuel or motor vehicles;

            (7) Tax increment financing;

            (8) Extraction of natural resources;

            (9) Persons or property outside the boundaries of the municipality: Provided, That this prohibition under the Municipal Home Rule Pilot Program does not affect a municipality’s powers outside its boundary lines under other sections of this chapter, other chapters of this code or court decisions;

            (10) Marriage and divorce laws; and

            (11) An occupation tax, fee or assessment payable by a nonresident of a municipality.

            (l) Amendments to written plans. -- A municipality selected to participate in the Municipal Home Rule Pilot Program may amend its written plan at any time.

            (m) Reporting requirements. -- Commencing December 1, 2015, and each year thereafter, each participating municipality shall give a progress report to the Municipal Home Rule Board and commencing January 1, 2016, and each year thereafter, the Municipal Home Rule Board shall give a summary report of all the participating municipalities to the Joint Committee on Government and Finance.

            (n) Performance Evaluation and Review Division review. --Before January 1, 2019, the Performance Evaluation and Review Division of the Legislative Auditor's Office shall conduct a performance review on the pilot program and the participating municipalities. The review shall include the following:

            (1) An evaluation of the effectiveness of expanded home rule on the participating municipalities;

            (2) A recommendation as to whether the expanded home rule should be continued, reduced, expanded or terminated;

            (3) A recommendation as to whether any legislation is necessary; and

            (4) Any other issues considered relevant.

            (o) Termination of the pilot program. -- The Municipal Home Rule Pilot Program terminates on July 1, 2019. No ordinance, act, resolution, rule or regulation may be enacted by a participating municipality after July 1, 2019, pursuant to the provisions of this section. An ordinance, act, resolution, rule or regulation enacted by a participating municipality under the provisions of this section during the period of the Municipal Home Rule Pilot Program shall continue in full force and effect until repealed, but is null and void if it is amended and such amendment is not approved by the Municipal Home Rule Board.”

            Delegate Howell requested to be excused from voting on questions regarding the passage of Com. Sub. for S. B. 323 under the provisions of House Rule 49.

            The Speaker replied that the Delegate, as a member of the Home Rule Board, would be directly affected and not as a member of a class of persons possibly to be affected by the passage of the bill, and excused the Gentleman from voting.

            The amendment recommended by the Committee on Finance was then adopted.

            The Speaker stated that with the adoption of the strike and insert amendment offered by the Committee on Finance it precluded the offering of the strike and insert amendment offered by Delegate Sobonya.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 352, Expanding scope of cooperative associations to goods and services including recycling; 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 two, section one, line sixteen by striking out the entire line.

            And,

            One page three, section one, line one, by striking out the entire line and the comma and inserting in lieu thereof the word “A”.

            On motion of Delegates Howell and Skinner, the amendment was amended on page two, section one, by striking out the words “Except in any wasteshed of the state in which one or more mixed waste resource recovery facilities has been permitted” and inserting in lieu thereof the following:

            “Except within a thirty-five mile radius of a facility that has been permitted and classified by the West Virginia Department of Environmental Protection as a mixed waste processing resource recovery facility”.

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

            The bill was then ordered to third reading.

            S. B. 370, Reorganizing Governor’s Committee on Crime, Delinquency and Correction and its subcommittees; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page fifty-four, section five, line ten, after the word “any”, by inserting the words “proceeding, review or investigation relating to certification or”.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 393, Reforming juvenile justice system; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page twenty-three, section nine hundred twelve, line twelve, by inserting two new subsections designated subsection (b) and (c), and renumbering the remaining subsections accordingly, all to read as follows:

            “(b) Based upon identifiable need, the Division of Juvenile Services shall operate a total of at least fifteen youth reporting centers by July 1, 2016.

             (c) Based upon identifiable need, the Division of Juvenile Services shall operate a total of at least nineteen youth reporting centers by July 1, 2018.”

            On page twenty-four, section nine hundred thirteen, line eight, by striking the word “seventeen” and inserting in lieu thereof the word “eighteen”.

            On page twenty-four, section nine hundred thirteen, line thirteen, after the word “Delegates”, by inserting a comma and the following words “who shall serve as non-voting, ex-officio members”.

            On page twenty-four, section nine hundred thirteen, line fifteen, after the word “Senate”, by inserting a comma and the following words “who shall serve as non-voting, ex-officio members”.

            On page twenty-five, section nine hundred thirteen, line five, after the word “designee”, by inserting a comma and“who shall serve as non-voting, ex-officio members”.

            On page twenty-five, section nine hundred thirteen, line nine, after the word “Appeals”and the hyphen, by inserting a comma and the following words “who shall serve as non-voting, ex-officio members”.

            On page twenty-five, section nine hundred thirteen, line nine, after the word “Commission”, by replacing the period with a semicolon, and inserting a new subdivision (15) to read as follows:

            “(15) A lawyer who regularly represents juveniles, appointed by the Governor.”

            On page seventy-one, section seven hundred twelve, line eight, after the word “harm”, by inserting the following words “as determined by a risk and needs assessment”.

            On page eighty, section seven hundred fourteen, line seven, after the word “harm”, by inserting the following words “as determined by a risk and needs assessment”.

            And,

            On page eighty-seven, section seven hundred twenty-four, line twelve, by striking out “is requested to” and inserting in lieu thereof “shall”.

            The bill was then ordered to third reading.

            Com. Sub. for S. B. 407, Implementing state safety oversight program; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            S. B. 415, Relating to circuit judges; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 423, Amending Aboveground Storage Tank Act; on second reading, coming up in regular order, was read a second time.

            At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with amendments pending, and restricted right to amend jointly by Delegates Shott and Manchin, and the rule was suspended to permit the consideration of amendments on that reading.

            S. B. 434, Relating to horse racing; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the bill on page two, section twelve-b, beginning on line nine, following the words “section two of this article”, by striking out the words “Horsemen’s Benevolent and Protective Association” and inserting in lieu thereof the words “representative of the majority of the owners and trainers who hold permits required by section two of this article”.

            On page three, section twelve-b, line thirteen, following the words “Provided, however” and the comma, by striking out the words “That at those thoroughbred racetracks that have participated in the West Virginia Thoroughbred Development Fund for a period of more than four consecutive calendar years prior to December 31,1999, the licensee may apply for not less than one hundred fifty-nine live racing dates during the calendar year 1997 : Provided further” and the comma.

            On page four, section twelve-b, line seven, following the words “casualty occurrences”, by inserting a comma.

            On page four, section twelve-b, line fifteen, by striking out the words “Horsemen’s Benevolent and Protective Association” and inserting in lieu thereof the words “representative of a majority of the owners and trainers”.

            On page five, section twelve-b, line one, following the words “be approved” and the colon, by striking out the words “And provided” and inserting in lieu thereof the word “Provided”.

            On page five, section twelve-b, line fifteen, following the word “presented at the”, by striking out the word “hearing” and inserting in lieu thereof the words “special meeting”.

            And,

            On page six, section twelve-b, beginning on line nine, by striking out the words “Horsemen’s Benevolent and Protective Association” and inserting in lieu thereof the words “representative of the majority of the owners and trainers who hold permits required by section two of this article”.

            The bill was then ordered to third reading.

            S. B. 479, Adding additional family court judges; on second reading, coming up in regular order, was read a second time and ordered to third reading.

            Com. Sub. for S. B. 486, Authorizing special license plates for Civil Air Patrol vehicles; on second reading, coming up in regular order, was read a second time and ordered to third reading.

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

            Com. Sub. for S. B. 88, Creating WV Clearance for Access: Registry and Employment Screening Act,

            Com. Sub. for S. B. 142, Authorizing Department of Administration promulgate legislative rules,

            Com. Sub. for S. B. 234, Exempting certain water and sewer utilities owned by political subdivisions from PSC jurisdiction,

            Com. Sub. for S. B. 242, Creating criminal penalties for certain automated telephone calls during state of emergency or preparedness,

            Com. Sub. for S. B. 248, Requiring certain insurance and owner information be provided following car accident,

            Com. Sub. for S. B. 261, Clarifying definition of “owner” of dam,

            S. B. 267, Repealing code relating to Governor’s Office of Health Enhancement and Lifestyle Planning,

            Com. Sub. for S. B. 273, Relating to brewer, resident brewer and brewpub licensing and operations,

            Com. Sub. for S. B. 274, Relating to TANF program sanctions,

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

            S. B. 295, Establishing appeal process for DHHR Board of Review and Bureau for Medical Services decisions,

            S. B. 304, Relating to farmers markets,

            S. B. 310, Exempting nonprofit public utility companies from B&O tax,

            S. B. 312, Relating to disqualification of general election nominees for failure to file campaign finance statements,

            Com. Sub. for S. B. 315, Relating to civil actions filed under Consumer Protection Act,

            S. B. 318, Relating to payment of wages by employers,

            Com. Sub. for S. B. 325, Relating to filing of candidates’ financial disclosure statement,

            S. B. 363, Establishing maximum rates and service limitations for reimbursement of health care services by Court of Claims,

            Com. Sub. for S. B. 373, Allowing wireless communication image serve as proof of motor vehicle insurance,

            S. B. 418, Relating to trustee real estate sale under deed of trust,

            S. B. 425, Providing WVU, MU and WVSOM more authority to invest assets,

            Com. Sub. for S. B. 439, Relating to higher education personnel,

            S. B. 447, Allowing issuance of diploma by public, private or home school administrator,

            Com. Sub. for S. B. 453, Relating to motor vehicle dealers, distributors, wholesalers and manufacturers,

            Com. Sub. for S. B. 455, Relating to public higher education procurement and payment of expenses,

            S. B. 510, Amending Uniform Interstate Family Support Act,

            Com. Sub. for S. B. 523, Creating Alcohol and Drug Overdose Prevention and Clemency Act,

            Com. Sub. for S. B. 529, Relating to PERS, SPRS and TRS benefits and costs,

            Com. Sub. for S. B. 537, Changing mandatory school instructional time from days to minutes,

            Com. Sub. for S. B. 541, Relating to regulation and control of elections,

            Com. Sub. for S. B. 542, Clarifying provisions of Consumer Credit and Protection Act relating to debt collection,

            Com. Sub. for S. B. 548, Changing procedure for filling U. S. Senator vacancies,

            S. B. 577, Allowing higher education governing boards invest certain funds with nonprofit foundations,

            S. B. 582, Relating to Herbert Henderson Office of Minority Affairs,

            S. B. 584, Transferring Cedar Lakes Camp and Conference Center to private, nonstock, not-for-profit corporation,

            And,

            S. B. 585, Relating to regulation of transportation network and taxicab companies.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with a title amendment, and the passage, as amended, of

            S. B. 30, Permitting shared animal ownership agreement to consume raw milk.

            On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate title amendment:

            Com. Sub. for S. B. 30 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-7, relating to shared animal ownership agreements to consume raw milk; acquiring percentage ownership interest in a milk-producing animal’s raw milk; providing for payment for a percentage ownership for care and boarding of a milk-producing animal; providing for receipt of a share of raw mile pursuant to an agreement; requiring written document acknowledging the inherent dangers of consuming raw milk; providing immunity to herd seller; agreeing not to distribute raw milk; prohibiting sale or resale of raw milk; requiring herd-sharing agreements be reported; requiring physicians to report any disease related to consumption of raw milk to local health department; setting forth required provisions for a herd sharing agreement; requiring a herd seller meet animal health requirements set by state veterinarian for milk-producing animals; setting forth required health standards for milk-producing animals; requiring a physician to report to local health department any diagnosis attributed to consumption of raw milk; providing rule-making authority; and providing administrative penalties.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 490), and there were--yeas 78, nays 15, absent and not voting 7, with the nays and absent and not voting being as follows: 

            Nays: Caputo, Eldridge, Fleischauer, Guthrie, Hornbuckle, Manchin, Moore, Morgan, Perdue, Pethtel, Pushkin, Rowe, Skinner, Westfall and B. White.

            Absent And Not Voting: Byrd, Deem, Ferro, Kurcaba, Longstreth, L. Phillips and Sponaugle.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 30) passed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, of

            S. B. 532, Relating to civil liability immunity for clinical practice plans and medical and dental school personnel.

            On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendment:

            On page six, section four, after the words “$1.5 million for each occurrence”, by inserting the words “after July 1, 2015”.

            And,

            On page seven, section five, by striking out the words “civil actions” and inserting in lieu thereof the words “claims that occur and are”.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 491), and there were--yeas 92, nays 2, absent and not voting 6, with the nays and absent and not voting being as follows: 

            Nays: Folk and Rodighiero.

            Absent And Not Voting: Deem, Ferro, Kurcaba, Longstreth, L. Phillips and Sponaugle.

            So, a majority of the members elected to the House of Delegates voting having voted in the affirmative, the Speaker declared the bill (S. B. 532) passed.

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

            A message from the Senate, by

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

            H. B. 2128, Permitting those individuals who have been issued concealed weapons permits to keep loaded firearms in their motor vehicles on the State Capitol Complex grounds.

            On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:

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

“ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-19. Willful disruption of governmental processes; offenses occurring at State Capitol Complex; penalties.

            (a) If any person willfully interrupts or molests the orderly and peaceful process of any department, division, agency or branch of state government or of its political subdivisions, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100, or imprisoned in the county or regional confined in jail not more than six months, or both fined and imprisoned confined: Provided, That any assembly in a peaceable, lawful and orderly manner for a redress of grievances shall not be a violation of this section.

            (b) It is unlawful for any person to bring upon the State Capitol Complex any weapon as defined by the provisions of in section two, article seven of this chapter: Provided, That a person who holds a valid, current concealed weapons permit issued by a sheriff of this state or the appropriate authority of another jurisdiction may keep a firearm in his or her motor vehicle upon the State Capitol Complex if the vehicle is locked and the weapon is out of normal view. It is unlawful for any person to willfully deface any trees, wall, floor, stairs, ceiling, column, statue, monument, structure, surface, artwork or adornment in the State Capitol Complex. It is unlawful for any person or persons to willfully block or otherwise willfully obstruct any public access, stair or elevator in the State Capitol Complex after being asked by a law-enforcement officer acting in his or her official capacity to desist: Provided, That, in order to preserve the constitutional right of the people to assemble, it is not willful blocking or willful obstruction for persons gathered in a group or crowd if the persons move to the side or part to allow other persons to pass by the group or crowd to gain ingress or egress: Provided, however, That this subsection shall does not apply to a law-enforcement officer acting in his or her official capacity.

            Any person who violates any provision of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 or confined in the county or regional jail not more than six months, or both.”

            And,

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

            Com. Sub. for H. B. 2128 - “A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting those individuals who hold a valid current concealed weapons permit to keep firearms in their motor vehicles on the State Capitol Complex grounds if the vehicle is locked and the weapon is out of normal view.”

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 492), 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, Ferro, Kurcaba, Longstreth, L. Phillips and Sponaugle.

            So, a majority of the members elected to the House of Delegate voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2128) passed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, of

            Com. Sub. for H. B. 2283, Authorizing the Department of Environmental Protection to promulgate legislative rules.

            On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate title amendment:

            Com. Sub. for H. B. 2283 - “A Bill to amend and reenact article three, chapter sixty-four of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements for operating permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the awarding of WV Stream Partners Program Grants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the hazardous waste management system; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rule for coal mining facilities; and, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to waste management.”

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 493), and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting being as follows: 

Nays: Faircloth, Folk, Gearheart, Marcum, McGeehan, Moffatt, J. Nelson, Reynolds, R. Smith and Walters.

            Absent And Not Voting: Deem, Ferro, Kurcaba, Longstreth and L. Phillips.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2283) passed.

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

            A message from the Senate, by

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

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

            On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegate refused to concur in the following Senate amendment and requested that the Senate recede therefrom.

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

“CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,

SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD

OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,

OFFICES, PROGRAMS, ETC.

ARTICLE 30. EARLY CHILDHOOD ADVISORY COUNCIL.

§5-30-1. Legislative findings.

            The Legislature hereby finds that:

            (1) Early childhood development is of critical importance to children, families, communities, the education system, employers and the economy; and

            (2) The first three years of life are the peak time for development of the brain's architecture for vision, hearing, language and other cognitive functions. This is what sets the stage for all later learning and why nurturing relationships and environments are crucial in early childhood; and

            (3) Thirty percent of West Virginia boys and girls under age six live in poverty. Research in brain development shows that social, emotional and cognitive development is shaped in early childhood and has a lifelong effect. Children who live in poverty are five times more likely to have children outside marriage, twice as likely to be arrested, and nearly three times as likely to have severe health problems. Children who live in poverty also end up earning incomes less than half those of their counterparts; and

            (4) The West Virginia prison population has tripled in the last twenty years, and our state spends more than $23,000 on each inmate, which is roughly the cost of providing full-time quality child care to five young children. Taking care of our most vulnerable children is not only the right thing to do; it is the best way to help our state’s health, welfare, and economy in the long run; and

            (5) Returns on investments in human development are the highest during the first three years of life, according to Nobel-winning economist James Heckman and other researchers. Children who participate in high-quality early care and education are more likely to succeed in school and adult life. Better child outcomes lead to a host of societal benefits, including fewer costs for remedial programs, higher college-going rates and a stronger workforce; and

            (6) In West Virginia, the long-term economic benefit of high-quality early childhood programs is estimated at $5.20 for each dollar invested, according to a 2005 study by the Center for Business and Economic Research at Marshall University. The study identified four major benefits to West Virginia's families and economy: (A) Increasing the capacity of children to become more productive workers and citizens; (B) providing quality child care so that parents can work; (C) providing a major industry with a significant number of jobs; and (D) producing returns on investment to public and private money in excess of returns to other economic development programs; and

            (7) The highest quality home visiting programs, over time, yield returns of up to $5.70 per taxpayer dollar spent in reduced mental health and criminal justice costs, decreased dependence on public assistance programs, and increased employment, L. A. Karoly, M. R. Kilburn and J. S. Cannon. (2005). ‘Early Childhood Interventions: Proven Results, Future Promise’. Santa Monica, CA: The RAND Corporation; and

            (8) John Pepper, former Chief Executive Officer of Procter & Gamble, has stated that business leaders ‘are powerful allies in the effort to invest scarce public dollars in high-quality home visiting programs. We have seen compelling evidence that home visitation provides dramatic and cost-effective improvements in helping children enter kindergarten ready to learn. There is no better investment for our future than this.’; and

            (9) Despite extensive efforts to improve childhood well-being, West Virginia was ranked thirty-seventh in the nation in the ‘2014 Kids County Data Book’, published by the Annie E. Casey foundation, based in part on risk factors related to the high rate of poverty in the state; and

            (10) West Virginia is committed to evidence-based early childhood programs that promote prenatal and child health, early learning, social and emotional abilities, and family engagement and well-being; and

            (11) Early childhood programs must be of sufficiently high quality to achieve positive outcomes, with qualified staff, a healthy learning environment, evidence-based services, strong parent involvement and effective collaboration among the various programs serving pregnant women, young children and their families. Quality also depends on state-level support for professional development, data for planning and evaluation, quality improvement systems and sufficient program funding; and

            (12) Research has shown that prevention, early identification, effective interventions and appropriate support can help avoid or reduce adverse experiences and promote healthy development. The Strengthening Families framework, used in West Virginia and nationally, focuses on building five protective factors: Parental resilience, social connections, knowledge of parenting and child development, concrete support in times of need and social and emotional competence of children; and

            (13) Improvements in wages, benefits and opportunities for advancement in the early childhood field are needed in order to recruit and retain qualified workers and provide the positive, stable relationships that help children thrive. Reimbursement rates for West Virginia child care providers serving subsidized children have not been raised since 2009 and are significantly below seventy-five percent of market rate, the minimum recommended by the federal child care and development block grant; and

            (14) Health care providers play a pivotal role in early development. Beyond the health services they provide, many serve as the gateway to other child development services and are instrumental in statewide efforts to prevent and reduce substance abuse during pregnancy; and

            (15) Effective governance is needed for the overall early childhood system that ensures coordination, alignment, efficiency and accountability; and

            (16) West Virginia’s current early childhood data systems are insufficient to provide for effective system planning, evaluation and accountability, and the creation of a system that links program-specific data systems is needed; and

            (17) Recognizing the importance of the earliest years of a child’s life, Governor Tomblin created the West Virginia Early Childhood Planning Task Force in May 2013 (2013 W.V. Executive Order No. 5); and

            (18) The task force conducted extensive research and released a development plan for the state’s early childhood system. The task force’s findings confirm that West Virginia will benefit from the development and implementation of a comprehensive plan for early childhood development that clearly defines the services and programs most likely to advance the health, development and school readiness of young children. The purpose of this article is to implement recommendations from the task force report ‘Building a System for Early Success: A Development Plan for Early Childhood in West Virginia’ and to fully invest in the health, development and well-being of the state’s young children.

§5-30-2. Definitions.

            (a) ‘Early Childhood Advisory Council’ or ‘Council’ means the council created by the Governor by 2010 W.V. Executive Order No. 9-10 and codified in section three of this article.

            (b) ‘Early childhood system’ includes, but is not limited to, West Virginia Birth to Three, West Virginia Home Visitation Program, West Virginia PreK, Head Start and Early Head Start federal grantees in West Virginia, child care programs, Family Resource and Starting Points Centers, Family Resource Networks and County Collaborative Early Childhood Teams.

§5-30-3. Continuation of West Virginia Early Childhood Advisory Council.

            (a) The Legislature hereby continues the West Virginia Early Childhood Advisory Council, created by 2010 W.V. Executive Order No. 9-10, and amended thereafter, consisting of the following current members:

            (1) The Director of the Division of Early Care and Education, Bureau for Children and Families, Department of Health and Human Resources;

            (2) A representative of the department of education;

            (3) A representative of local educational agencies;

            (4) A representative of institutions of higher education in the state;

            (5) A representative of local child care providers of early childhood education and development services;

            (6) A representative from Head Start agencies located in the state;

            (7) The State Director of Head Start Collaboration;

            (8) A representative of Early Head Start Programming;

            (9) A representative of the West Virginia Department of Education Office of Special Programs, as established under Section 629 of the IDEA;

            (10) The Director of West Virginia Birth to Three, Office of Maternal Child and Family Health, Bureau for Public Health, Department of Health and Human Resources, as established under Part C of the Individuals with Disabilities Education Act (IDEA);

            (11) A representative of in-home family education;

            (12) A representative of the early childhood advocate community;

            (13) A representative of the business community;

            (14) A representative of the Office of Maternal Child and Family Health, Bureau for Public Health, Department of Health and Human Resources;

            (15) A representative of the Governor’s Office;

            (16) A representative of labor;

            (17) The Director of WV Home Visitation Program, Office of Maternal Child and Family Health, Department of Health and Human Services;

            (18) A representative of the pediatric community;

            (19) A representative of the child welfare community;

            (20) A representative of the family child care community; and

            (21) The Secretary of the Department of Education and the Arts, who is the chairperson.

            (b) All current representatives on the council shall remain on the council until the expiration of their terms, unless they otherwise resign or are removed.

            (c) Any vacancy on the council shall be filled by appointment by the Governor and that new appointee shall serve for three years from the date of appointment. Any representative on the council may be reappointed by the Governor for additional three year terms of service.

            (d) The council shall continue to have the duties and responsibilities set forth in 2010 W.V. Executive Order No. 9-10 and its bylaws.

            (e) As necessary to fulfill the priorities of this article, the council may submit reports to the Governor and the Legislative Joint Committee on Government and Finance. The Joint Committee on Government and Finance shall distribute any such reports to the West Virginia Legislative Oversight Commission on Education Accountability and the West Virginia Legislative Oversight Commission on Health and Human Resources Accountability.

            (f) Members of the council receive no compensation. Each state employee member of the council is entitled to be reimbursed by their employing agency for reasonable actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties in a manner consistent with guidelines of the travel management office of the Department of Administration.

§5-30-4. Priorities of the Early Childhood Advisory Council.

            In order to provide greater guidance and focus, the Legislature concludes that the Council will be guided by the following priorities:

            (1) Create an integrated data system across all early childhood programs;

            (2) Statewide expansion of West Virginia home visitation program;

            (3) Expanded eligibility definition for West Virginia birth to three;

            (4) Implementation of quality rating and improvement system, including incentive payments;

            (5) Raising family income limits for child care subsidies and increasing provider reimbursement rates for subsidized children;

            (6) Implementing a statewide full-day, high-quality early learning and child care program for three-year-olds;

            (7) Improving system planning, evaluation, development and governance;

            (8) Expanding perinatal drug abuse prevention and treatment; and

            (9) Providing quality tax credits for early childhood programs, staff and families.

CHAPTER 49. CHILD WELFARE.

ARTICLE 7. GENERAL PROVISIONS.

§49-7-37. Annual report to Legislature.

            The Commissioner of the Bureau for Children and Families shall make a child fatality and new fatality report to the Legislative Oversight Commission on Health and Human Resources Accountability. The first report shall be due by July 1, 2015, and is due on July 1 annually thereafter. The report shall be based upon public proceedings, records, reports, case histories and other documents of the Division of Child Protective Services.”

            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. 2283, Authorizing the Department of Environmental Protection to promulgate legislative rules; still being in possession of the Clerk, the bill was taken up for further consideration.

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

            On this question, the yeas and nays were taken (Roll No. 494), and there were--yeas 88, nays 7, absent and not voting 5, with the nays and absent and not voting being as follows: 

            Nays: Faircloth, Folk, Gearheart, McGeehan, Moffatt, J. Nelson and Walters.

            Absent And Not Voting: Deem, Ferro, Kurcaba, Longstreth and L. Phillips.

            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. 2283) takes effect from its passage.

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

            A message from the Senate, by

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

            Com. Sub. for H. B. 2527, Creating a Task Force on Prevention of Sexual Abuse of Children; “Erin Merryn’s Law”.

            On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:

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

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §49-2-8 and §49-2-12a, all to read as follows:

ARTICLE 2. STATE RESPONSIBILITIES FOR THE PROTECTION AND CARE OF CHILDREN.

§49-2-8. Task Force on Prevention of Sexual Abuse of Children.

            (a) This section may be referred to as ‘Erin Merryn's Law’.

            (b) The Task Force on Prevention of Sexual Abuse of Children is established. The task force consists of the following members:

            (1) The Chair of the West Virginia Senate Committee on Health and Human Resources, or his or her designee;

            (2) The Chair of the House of Delegates Committee on Health and Human Resources, or his or her designee;

            (3) The Chair of the West Virginia Senate Committee on Education, or his or her designee;

            (4) The Chair of the House of Delegates Committee on Education, or his or her designee;

            (5) One citizen member appointed by the President of the Senate;

            (6) One citizen member appointed by the Speaker of the House of Delegates;

            (7) One citizen member, who is a survivor of child sexual abuse, appointed by the Governor;

            (8) The President of the State Board of Education, or his or her designee;

            (9) The State Superintendent of Schools, or his or her designee;

            (10) The Secretary of the Department of Health and Human Resources, or his or her designee;

            (11) The Director of the Prosecuting Attorney's Institute, or his or her designee;

            (12) One representative of each statewide professional teachers' organization, each selected by the leader of his or her respective organization;

            (13) One representative of the statewide school service personnel organization, selected by the leader of the organization;

            (14) One representative of the statewide school principals' organization, appointed by the leader of the organization;

            (15) One representative of the statewide professional social workers' organization, appointed by the leader of the organization;

            (16) One representative of a teacher preparation program of a regionally accredited institution of higher education in the state, appointed by the Chancellor of the Higher Education Policy Commission;

            (17) The Chief Executive Officer of the Center for Professional Development, or his or her designee;

            (18) The Director of Prevent Child Abuse West Virginia, or his or her designee;

            (19) The Director of the West Virginia Child Advocacy Network, or his or her designee;

            (20) The Director of the West Virginia Coalition Against Domestic Violence, or his or her designee;

            (21) The Director of the West Virginia Foundation for Rape Information and Services, or his or her designee;

            (22) The Administrative Director of the West Virginia Supreme Court of Appeals, or his or her designee;

            (23) The Executive Director of the West Virginia Sheriffs’ Association, or his or her designee;

            (24) One representative of an organization representing law enforcement, appointed by the Superintendent of the West Virginia State Police; and

            (25) One practicing school counselor appointed by the leader of the West Virginia School Counselors Association.

            (c) To the extent practicable, members of the task force shall be individuals actively involved in the fields of child abuse and neglect prevention and child welfare.

            (d) At the joint call of the House of Delegates and Senate Education Committee Chairs, the task force shall convene its first meeting and by majority vote of members present elect presiding officers. Subsequent meetings shall be at the call of the presiding officer.

            (e) The task force shall make recommendations for decreasing incidence of sexual abuse of children in West Virginia. In making those recommendations, the task force shall:

            (1) Gather information regarding sexual abuse of children throughout the state;

            (2) Receive related reports and testimony from individuals, state and local agencies, community-based organizations, and other public and private organizations;

            (3) Create goals for state education policy that would prevent sexual abuse of children;

            (4) Create goals for other areas of state policy that would prevent sexual abuse of children; and

            (5) Submit a report with its recommendations to the Governor and the Legislature.

            (f) The recommendations may include proposals for specific statutory changes and methods to foster cooperation among state agencies and between the state and local governments. The task force shall consult with employees of the Bureau for Children and Family Services, the Division of Justice and Community Services, the West Virginia State Police, the State Board of Education, and any other state agency or department as necessary to accomplish its responsibilities under this section.

            (g) Task force members serve without compensation and do not receive expense reimbursement.

§49-2-12a. Legislative findings and declaration of intent for goals for foster children.

            (a) The Legislature finds and declares that the design and delivery of child welfare services should be directed by the principle that the health and safety of children should be of paramount concern and, therefore, establishes the goals for children in foster care. A child in foster care should have:

            (1) Protection by a family of his or her own, and be provided readily available services and support through care of an adoptive family or by plan, a continuing foster family;

            (2) Nurturing by foster parents who have been selected to meet his or her individual needs, and who are provided services and support, including specialized education, so that the child can grow to reach his or her potential;

            (3) A safe foster home free of violence, abuse, neglect and danger;

            (4) The ability to communicate with the assigned social worker or case worker overseeing the child's case and have calls made to the social worker or case worker returned within a reasonable period of time;

            (5) Permission to remain enrolled in the school the child attended before being placed in foster care, if at all possible;

            (6) Participation in school extracurricular activities, community events, and religious practices;

            (7) Communication with the biological parents. Communication is necessary if the child placed in foster care receives any immunizations and if any additional immunizations are needed, if the child will be transitioning back into a home with his or her biological parents;

            (8) A bank or savings account established in accordance with state laws and federal regulations;

            (9) Identification and other permanent documents, including a birth certificate, social security card and health records by the age of sixteen, to the extent allowed by federal and state law;

            (10) The use of appropriate communication measures to maintain contact with siblings if the child placed in foster care is separated from his or her siblings; and

            (11) Meaningful participation in a transition plan for those phasing out of foster care.

            (b) A person shall not have a cause of action against the state or any of its subdivisions, agencies, contractors, subcontractors, or agents, based upon the adoption of or failure to provide adequate funding for the achievement fo these goals by the Legislature. Nothing in this section requires the expenditure of funds to meet the goals established in this section, except funds specifically appropriated for that purpose.

            (c) The West Virginia Department of Health and Human Resources shall propose rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to ensure that a child has an effective means of being heard if he or she believes the goals of this section are not being met.

            (d) When a child who was previously placed into foster care, but left the custody or guardianship of the department, is again placed into foster care, the department shall notify the foster parents who most recently cared for the child of the child’s availability for foster care placement to determine if the foster parents are desirous of seeking a foster care arrangement for the child. The arrangement may only be made if the foster parents are otherwise qualified or can become qualified to enter into the foster care arrangement with the department and if the arrangement is in the best interests of the child: Provided, That the department may petition the court to waive notification to the foster parents. This waiver may be granted, ex parte, upon a showing of compelling circumstances.”

            And,

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

            Com. Sub. for H. B. 2527 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §49-2-8 and §49-2-12a, all relating to the welfare of children; establishing the Task Force on Prevention of Sexual Abuse of Children; authorizing section to be called ‘Erin Merryn’s Law’; specifying membership; specifying responsibilities, including report of recommendations to Legislature and Governor; precluding member compensation or expense reimbursement; relating to legislative findings and declaration of intent for goals for foster children; requiring the Department of Health and Human Resources to propose legislative rules; providing that no new cause of action against the state is created; no expenditure of funds is required; and notify former foster parents of child’s availability for placement.”

            On motion of Delegate Cowles, the House of Delegates concurred in the Senate amendment with further amendment, on page one, lines one through three, by striking out the article and section headings and inserting in lieu thereof a new article heading and section heading to read as follows:

“ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN.

§49-2-814. Task Force on Prevention of Sexual Abuse of Children.”

            On page four, line eleven, by striking out the section heading and inserting in lieu thereof a new section heading to read as follows:

“§49-2-126. Legislative findings and declaration of intent for goals for foster children.”

            And,

            On page one, by amending the enacting section of the bill to read as follows:

            “That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §49-2-126 and §49-2-814, all to read as follows” followed by a colon.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 495), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ferro, Kurcaba, Longstreth and L. Phillips.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2527) passed.

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

            Com. Sub. for H. B. 2527 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §49-2-126 and §49-2-814, all relating to the welfare of children; establishing the Task Force on Prevention of Sexual Abuse of Children; authorizing section to be called ‘Erin Merryn’s Law’; specifying membership; specifying responsibilities, including report of recommendations to Legislature and Governor; precluding member compensation or expense reimbursement; relating to legislative findings and declaration of intent for goals for foster children; requiring the Department of Health and Human Resources to propose legislative rules; providing that no new cause of action against the state is created; providing that no expenditure of funds is required; and providing for notifying former foster parents of child’s availability for placement.”

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

            A message from the Senate, by

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

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

            On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendment:

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

“ARTICLE 12. INSURANCE PRODUCERS AND SOLICITORS.

§33-12-32b. Travel Insurance Entity Producer Limited License Act.

            (a) Definitions. – For purposes of this section:

            (1) A ‘group policy’ means a policy issued to:

            (A) A railroad company, steamship company, carrier by air, public bus carrier or other common carrier of passengers, which is considered the policyholder, where the policy insures its passengers; or

            (B) Any other group if the commissioner has determined by rule that the members are engaged in a common enterprise or have an economic or social affinity or relationship, and that issuance of the policy would not be contrary to the best interests of the public.

            (2) ‘Offer and disseminate’ means providing general information, including descriptions of coverage and price, processing applications, collecting premiums and performing other activities permitted in this state without a license issued by the commissioner.

            (3) ‘Travel insurance’ means:

            (A) An individual or group policy of insurance that provides coverage for personal risks incident to planned travel, including, but not limited to:

            (i) Interruption or cancellation of a trip or event;

            (ii) Loss of baggage or personal effects;

            (iii) Damages to accommodations or rental vehicles; or

            (iv) Sickness, accident, disability or death occurring during travel.

            (B) ‘Travel insurance’ does not include major medical plans that provide comprehensive medical protection for travelers with trips lasting six months or longer, including, but not limited to, those working overseas as expatriates or military personnel deployed overseas.

            (4) ‘Travel insurance entity producer’ means an entity which is licensed under this section, is appointed by an insurer, and has the duties set forth in subsection (d) of this section.

            (5) ‘Travel retailer’ means an entity that makes, arranges or offers travel services, which may offer and disseminate travel insurance on behalf of and under the direction of a travel insurance entity producer.

            (b) License requirements. – Notwithstanding any other provision of law:

            (1) The commissioner may issue a travel insurance entity producer license, which authorizes the sale, solicitation or negotiation of travel insurance issued by a licensed insurer, to a person meeting the requirements of this section.

            (2) An entity seeking a license under this section shall apply on a form and in a manner prescribed by the commissioner.

            (3) The annual fee for a travel insurance entity producer license is $200.

            (c) Conditions for travel retailers. – A travel retailer may offer and disseminate travel insurance policies under a license issued to a travel insurance entity producer only if all of the following conditions are met:

            (1) The travel retailer agrees that it is bound by all applicable provisions of this section and that no employee or authorized representative, who is not licensed as an individual insurance producer, may:

            (A) Evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage;

            (B) Evaluate or provide advice concerning a prospective purchaser’s existing insurance coverage; or

            (C) Hold himself or herself out as a licensed insurer, licensed producer, or insurance expert.

            (2) The travel retailer makes available to prospective purchasers brochures or other written materials that:

            (A) State the identity and contact information of the insurer and the travel insurance entity producer;

            (B) Describe the material terms, or contain the actual material terms, of the travel insurance coverage;

            (C) Describe the process for filing a claim under the travel insurance policy;

            (D) Describe the review and cancellation processes for the travel insurance policy;

            (E) Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and

            (F) Explain that a travel retailer not licensed by the commissioner may provide general information about the travel insurance offered, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the travel insurance or to evaluate the adequacy of a prospective purchaser’s existing insurance coverage.

            (3) The travel retailer ensures that each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance successfully completed the training required by this section.

            (d) Conditions for travel insurance entity producers. – A travel insurance entity producer may offer and disseminate travel insurance policies through a travel retailer only if all of the following conditions are met:

            (1) On a form prescribed by the commissioner, the travel insurance entity producer establishes, maintains and updates annually a register of all travel retailers that offer travel insurance on behalf of the travel insurance entity producer:

            (A) The register shall include the name, address, and contact information of each travel retailer and of the person who directs or controls the travel retailer’s operations, and the travel retailer’s federal tax identification number;

            (B) The travel insurance entity producer shall certify that the register complies with 18 U.S.C. §1033; and

            (C) The travel insurance entity producer shall submit the register to the commissioner within thirty days upon request.

            (2) The travel insurance entity producer designates one of its employees who is a licensed individual producer as the responsible producer for the travel insurance entity producer’s compliance with this section and any rules promulgated under this section.

            (3) The designated responsible producer, and the president, secretary, treasurer and any other person who directs or controls the travel insurance entity producer’s insurance operations, comply with the fingerprinting requirements applicable to insurance producers in the resident state of the travel insurance entity producer.

            (4) The travel insurance entity producer pays all applicable insurance producer licensing fees set forth in this chapter or rules promulgated under this chapter.

            (5) The travel insurance entity producer requires each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training, which the commissioner may review and approve or disapprove. The training program shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices and required disclosures to prospective customers.

            (e) A licensee under this section, and those registered under its license pursuant to subdivision one, subsection (d) of this section, are exempt from examination under section five of this article and from continuing education requirements under section eight of this article.

            (f) A licensee under this section is subject to the provisions of section six-b of this article as if it were an insurance agency.

            (g) License renewal. – The commissioner shall annually renew, on the expiration date as provided in this subsection, the license of a licensee who qualifies and applies for renewal on a form prescribed by the commissioner and pays the fee set forth in subdivision three, subsection (b) of this section: Provided, That the commissioner may fix the dates of expiration of travel insurance entity producer licenses as he or she considers advisable for efficient distribution of the workload of his or her office:

            (1) If the fixed expiration date would upon first occurrence shorten the period for which a license fee has been paid, no refund of unearned fee shall be made;

            (2) If the fixed expiration date would upon first occurrence lengthen the period for which a license fee has been paid, the commissioner shall charge no additional fee for the lengthened period;

            (3) If a date is not fixed by the commissioner, each license shall, unless continued as provided in this subsection, expire at midnight on June 30 following issuance; and

            (4) A licensee that fails to timely renew its license may reinstate its license, retroactive to the expiration date, upon submission of the renewal application within twelve months after the expiration date and payment of a penalty in the amount of $50.

            (h) Appointment. – A travel insurance entity producer may not act as an agent of an insurer unless the insurer appoints the travel insurance entity producer as its agent, as follows:

            (1) The insurer shall file, in a format approved by the commissioner, a notice of appointment within fifteen days from the date the agency contract is executed and shall pay a nonrefundable appointment processing fee in the amount of $25: Provided, That an insurer may elect to appoint a travel insurance entity producer to all or some insurers within the insurer’s holding company system or group by filing a single notice of appointment;

            (2) Upon receipt of a notice of appointment, the commissioner shall verify within a reasonable time, not to exceed thirty days, that the travel insurance entity producer is eligible for appointment: Provided, That the commissioner shall notify the insurer within five days of a determination that the travel insurance entity producer is ineligible for appointment; and

            (3) The insurer shall remit, no later than midnight on May 31 annually and in a manner prescribed by the commissioner, a renewal appointment fee for each appointed travel insurance entity producer in the amount of $25; and

            (4) The insurer shall maintain a current list of travel insurance entity producers appointed to accept applications on behalf of the insurer, and shall make the list available to the commissioner upon reasonable request for purposes of conducting investigations and enforcing the provisions of this chapter.

            (i) Effect of registration. – Notwithstanding any other provision of law, if a travel retailer’s insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a licensed travel insurance entity producer, the travel retailer may perform those activities and receive related compensation, upon registration by the travel insurance entity producer pursuant to subdivision one, subsection (d) of this section.

            (j) Liability. – As the insurer’s appointed agent, the travel insurance entity producer is liable for the acts or omissions of the travel retailer in offering and disseminating travel insurance under the travel insurance entity producer’s license and shall use reasonable means to ensure compliance by the travel retailer with this section.

            (k) Enforcement. – In enforcing the provisions of this section, the commissioner may use any enforcement mechanisms in this chapter.

            (1) If the commissioner determines that a travel retailer or its employee has violated this section, the commissioner may after notice and hearing:

            (A) Impose fines not to exceed $500 per violation or $5,000 in the aggregate for the conduct; and

            (B) Impose other or additional penalties that the commissioner considers necessary and reasonable to carry out the purpose of this section, including but not limited to:

            (i) Suspending or revoking the privilege of offering and disseminating travel insurance pursuant to this section by specific business retailers or at specific business retail locations where violations have occurred;

            (ii) Suspending or revoking the privilege of individual employees of a travel retailer to act under this section; and

            (iii) Placing the travel retailer or its employees on probation under terms and conditions prescribed by the commissioner.

            (2) If the commissioner determines that a travel insurance entity producer has failed to perform its duties under this section or has otherwise violated this section, the travel insurance entity producer is subject to the provisions of section twenty-four of this article.

            (l) The commissioner may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement this section.”

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 496), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ferro, Kurcaba, Longstreth and L. Phillips.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2536) passed.

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

            A message from the Senate, by

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

            Com. Sub. for 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.

            Delegate Cowles moved that the bill be taken up for immediate consideration, objection being heard.

            Whereupon,

            Delegate Manchin withdrew his objection.

            On motions of Delegate Cowles, the bill was then taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:

            On page four, section twenty-nine, line fifty-two, after the word “vehicle”, by changing the period to a colon and adding the following proviso: Provided, That any liability insurance purchased for additional consideration from the rental or leasing company shall be primary to other available insurance.”

            And,

            By amending the title of the bill to read 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 security and insurance coverage provided for rented or leased motor vehicles; providing that security maintained on any motor vehicle owned by any person, firm or corporation engaged in the business of renting or leasing the motor vehicle is secondary to coverage under certain motor vehicle liability insurance or other form of security that is available and in effect for an individual with respect to the renting, leasing, operation, maintenance or use of the motor vehicle; and providing that any liability insurance purchased for additional consideration from the rental or leasing company shall be primary to other available insurance.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 497), and there were--yeas 87, nays 8, absent and not voting 5, with the nays and absent and not voting being as follows: 

            Nays: Eldridge, Fleischauer, Fluharty, Marcum, Rodighiero, Rowe, Sponaugle and Upson.

            Absent And Not Voting: Deem, Ferro, Kurcaba, Longstreth and L. Phillips.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2557) passed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on, and the passage, as amended by said report, in the passage, of

            H. B. 2576, Creating new code sections which separate the executive departments.

            A message from the Senate, by

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

            H. B. 2652, Reducing the assessment paid by hospitals to the Health Care Authority.

            On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:

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

            “That§16-29B-8 of the Code of West Virginia,1931, as amended, be amended and reenacted to read as follows:

ARTICLE 29B. HEALTH CARE AUTHORITY.

§16-29B-8. Powers generally; budget expenses of the board.

            (a) In addition to the powers granted to the board elsewhere in this article, the board may:

            (1) Adopt, amend and repeal necessary, appropriate and lawful policy guidelines and rules in accordance with article three, chapter twenty-nine-a of this code: Provided, That subsequent amendments and modifications to any rule promulgated pursuant to this article and not exempt from the provisions of article three, chapter twenty-nine-a of this code may be implemented by emergency rule;

            (2) Hold public hearings, conduct investigations and require the filing of information relating to matters affecting the costs of health care services subject to the provisions of this article and may subpoena witnesses, papers, records, documents and all other data in connection therewith. The board may administer oaths or affirmations in any hearing or investigation;

            (3) Apply for, receive and accept gifts, payments and other funds and advances from the United States, the state or any other governmental body, agency or agencies or from any other private or public corporation or person (with the exception of hospitals subject to the provisions of this article, or associations representing them, doing business in the state of West Virginia, except in accordance with subsection (c) of this section), and enter into agreements with respect thereto, including the undertaking of studies, plans, demonstrations or projects. Any such gifts or payments that may be received or any such agreements that may be entered into shall be used or formulated only so as to pursue legitimate, lawful purposes of the board, and shall in no respect inure to the private benefit of a board member, staff member, donor or contracting party;

            (4) Lease, rent, acquire, purchase, own, hold, construct, equip, maintain, operate, sell, encumber and assign rights or dispose of any property, real or personal, consistent with the objectives of the board as set forth in this article: Provided, That such acquisition or purchase of real property or construction of facilities shall be consistent with planning by the state building commissioner and subject to the approval of the Legislature;

            (5) Contract and be contracted with and execute all instruments necessary or convenient in carrying out the board’s functions and duties; and

            (6) Exercise, subject to limitations or restrictions herein imposed, all other powers which are reasonably necessary or essential to effect the express objectives and purposes of this article.

            (b) The board shall annually prepare a budget for the next fiscal year for submission to the governor and the Legislature which shall include all sums necessary to support the activities of the board and its staff.

            (c) Each hospital subject to the provisions of this article shall be assessed by the board on a pro rata basis using the gross revenues net patient revenue, as defined under generally accepted accounting principles, of each hospital as reported under the authority of section eighteen of this article as the measure of the hospital’s obligation. The amount of such fee shall be determined by the board except that in no case shall the hospital’s obligation exceed one tenth of one percent of its gross net patient revenue. Such fees shall be paid on or before the first day of July in each year and shall be paid into the state treasury and kept as a special revolving fund designated "health care cost review fund", with the moneys in such fund being expendable after appropriation by the Legislature for purposes consistent with this article. Any balance remaining in said fund at the end of any fiscal year shall not revert to the treasury, but shall remain in said fund and such moneys shall be expendable after appropriation by the Legislature in ensuing fiscal years.

            (d) Each hospital’s assessment shall be treated as an allowable expense by the board.

            (e) The board is empowered to withhold rate approvals, certificates of need and rural health system loans and grants if any such fees remain unpaid, unless exempted under subsection (g), section four, article two-d of this chapter.”

            And,

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

            Com. Sub. for H. B. 2652 - “A Bill to amend and reenact §16-29B-8 of the Code of West Virginia, 1931, as amended, relating to annual assessments on hospitals by the West Virginia Health Care Authority; and changing the basis for the annual assessment.”

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 498), and there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting being as follows: 

            Nays: Guthrie, Hornbuckle, Marcum and Sponaugle.

            Absent And Not Voting: Deem, Ferro, Kurcaba, Longstreth and L. Phillips.

            So, a majority of the members elected to the House having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2652 ) passed.

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

            On this question, the yeas and nays were taken (Roll No. 499), and there were--yeas 91, nays 3, absent and not voting 6, with the nays and absent and not voting being as follows: 

            Nays: Eldridge, Marcum and Sponaugle.

            Absent And Not Voting: Deem, Faircloth, Ferro, Kurcaba, Longstreth and L. Phillips.

            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. 2652) takes effect from its passage.

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

            A message from the Senate, by

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

            H. B. 2658, Relating to the inspection and slaughter of nontraditional agriculture.

            On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendment:

            On page two, section four, line five, after the word “outlets” and the period, by inserting the following:

             “Except for rabbits and game birds, nontraditional agriculture shall be slaughtered in an inspected meat processing facility.”

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 500), and there were--yeas 72, nays 21, absent and not voting 7, with the nays and absent and not voting being as follows: 

            Nays: Ashley, Boggs, Cadle, Duke, Fast, Fluharty, Hicks, Marcum, Moye, Perdue, Perry, Rodighiero, Skinner, R. Smith, Sobonya, Statler, Storch, Summers, Trecost, Wagner and H. White.

            Absent And Not Voting: Azinger, Deem, Ferro, Kurcaba, Longstreth, L. Phillips and Shott.

            So, a majority of the members elected to the House of Delegates 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.

            A message from the Senate, by

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

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

            On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendment:

            O n page fifteen, section nine, line two hundred fifty-four, by striking out the word “One” and inserting in lieu thereof the word “Twenty-five”.

            On page fifteen, section nine, line two hundred fifty-eight, by striking out the word “One” and inserting in lieu thereof the word “Twenty-five”.

            On page sixteen, section nine, line two hundred seventy-one, by striking out the word “Two” and inserting in lieu thereof the word “Fifty”.

            And,

            On page eighteen, section nine, line three hundred seventeen, by striking out the word “or” and inserting in lieu thereof the word “of”.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 501), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent And Not Voting: Deem, Ferro, Kurcaba, Longstreth and L. Phillips.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2968 ) passed.

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

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:

            Com. Sub. for H. C. R. 4, The US Army PFC Clarence Allen Mooney Memorial Bridge.

            A message from the Senate, by

            The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolutions, which was read by their titles and referred to the Committee on Rules:

            S. C. R. 51 - “Requesting the Division of Highways name the bridge locally known as Hewett Creek Box Beam 2.01, bridge number 03-9-2.01 (03A051), (37.96246, -81.85199), near Hewett, Boone County, the ‘U. S. Army PFC Samuel C. Ball Memorial Bridge’.”

            Whereas, Samuel C. Ball was born on January 12, 1925, to Bert and Beulah Ball of Hewett, Boone County, and he was a lifelong resident of West Virginia; and

            Whereas, Samuel C. Ball entered the United States Army in World War II in 1943 and served as a Private First Class with the 142nd Infantry, 36th Division, and after eleven months of service to his country, PFC Samuel C. Ball made the ultimate sacrifice in battle near Tendon, France, on September 30, 1944; and

            Whereas, It is fitting that West Virginia should honor the memory and service of this young man with a lasting memorial; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the bridge locally known as Hewett Creek Box Beam 2.01, bridge number 03-9-2.01 (03A051), (37.96246, -81.851999), near Hewett, Boone County, the "U. S. Army PFC Samuel C. Ball Memorial Bridge"; and, be it

            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "U.S. Army PFC Samuel C. Ball Memorial Bridge"; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the surviving relatives of PFC Samuel C. Ball.

            S. C. R. 52 - “Requesting the West Virginia Board of Education study: (1) The standards or criteria by which it approves teacher preparation programs in the state's public and private colleges; (2) approved teacher preparation programs at the state's public and private colleges and universities, including admission and graduation requirements; (3) the experiences and assessment of first, second and third year teachers of their in-state teacher preparation programs and teaching practices; and (4) the extent to which, and reasons why, teachers are leaving the profession in West Virginia; therefore, be it”

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby requests the West Virginia Board of Education study: (1) The standards or criteria by which it approves teacher preparation programs in the state's public and private colleges; (2) approved teacher preparation programs at the state's public and private colleges and universities, including admission and graduation requirements; (3) the experiences and assessment of first, second and third year teachers of their in-state teacher preparation programs and teaching practices; and (4) the extent to which, and reasons why, teachers are leaving the profession in West Virginia; and, be it

            Further Resolved, That the West Virginia Board of Education is requested to engage out-of-state, independent experts to study teacher preparation and retention; and, be it

            Further Resolved, That the West Virginia Board of Education report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary 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 West Virginia Board of Education. 

            S. C. R. 53 - “Requesting the Division of Highways name bridge number 42-5/12-4.32 (42A014) (38.91199, -79.70571), locally known as the Bowden Bridge, carrying County Route 5/12 over Shavers Fork of Cheat River in Randolph County, the ‘U. S. Army PFC Samuel Reed Summerfield Memorial Bridge’.”

            Whereas, Samuel Reed Summerfield was born at Harman, Randolph County, on January 9, 1949, the son of John R. and Lillian Gabbert Summerfield. He attended grade school in Bowden, West Virginia, and graduated from Elkins High School in 1957; and

            Whereas, Samuel Summerfield came from modest and humble circumstances and entered the United States Army in 1968, where he became accomplished as a helicopter crew chief with the 68th American Helicopter Company, the "Top Tigers", and served at the rank of Private First Class; and

            Whereas, PFC Summerfield lost his life, at the age of nineteen years, when his helicopter was shot down in action in Bing Duong Province in the Republic of Vietnam on August 16, 1968, for which he was posthumously awarded the Purple Heart Medal; and

            Whereas, It is fitting that the Legislature recognize his service and his sacrifice for his country and his community; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 42-5/12-4.32 (42A014) (38.91199, -79.70571), locally known as the Bowden Bridge, carrying County Route 5/12 over Shavers Fork of Cheat River in Randolph County, the "U. S. Army PFC Samuel Reed Summerfield 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 Samuel Reed Summerfield Memorial Bridge"; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving members of PFC Summerfield’s family.

            S. C. R. 54 - “Requesting the Division of Highways name the stretch of road beginning at Route 10 and the Logan and Lincoln county lines, going one mile into Logan County, the ‘USMC LCpl Larry G. Williamson Memorial Highway’.”

            Whereas, Larry G. Williamson was born on February 9, 1947, in Lincoln County to John B. and Georgia Napier Williamson. He had three sisters, Patty Egnor, Peggy Perry (deceased) and Robin Williamson. Larry G. Williamson attended Harts High School, played varsity basketball, was on the school newspaper and was secretary/treasurer of his senior class. He graduated in 1964 and attended Marshall University’s Logan branch for two years. On September 9, 1967, at the age of twenty, Larry G. Williamson married Wanda Brumfield and moved to Columbus, Ohio, where he became manager of car parts and tires at a Firestone Automotive Center; and

            Whereas, In January 1969, Larry G. Williamson was drafted from West Virginia. While on a bus taking him for Army training, he was among the draftees separated and reassigned to the Marines. He received basic training at Camp Pendleton, California, and after a brief visit home was ordered to Vietnam and assigned to the 5th Marine Division. He soon received a promotion to Lance Corporal. In Vietnam, LCpl Larry G. Williamson was assigned as a squad leader in the First Platoon of Company G. On March 11, 1970, the squad was acting as a blocking force and was located approximately two miles northeast of An Hoa Combat Base in Quang Nam Province. LCpl Larry G. Williamson was killed when a well-concealed explosive device detonated. A squad corpsman rushed to his aid but death had been instantaneous. LCpl Larry G. Williamson received a Purple Heart, Rifle Sharpshooter, National Defense, Republic of Vietnam Service, Chien Dich Vietnam Medal and Boi-Tinh 1960 Medals; and

            Whereas, LCpl Larry G. Williamson made the ultimate sacrifice for his country and in doing so represented West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed. Naming that stretch of road in Logan County the "USMC LCpl Larry G. Williamson Memorial Highway" is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name the stretch of road beginning at Route 10 and the Logan and Lincoln county lines, going one mile into Logan County, the “USMC LCpl Larry G. Williamson Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the stretch of road as the "USMC LCpl Larry G. Williamson Memorial Highway"; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of LCpl Larry G. Williamson.

            S. C. R. 55 - “Requesting the Division of Highways name a one-mile section of Buffalo Creek Road, beginning at the intersection of Route 10 and extending through the Town of Man, West Virginia, also known as Main Street, the ‘U. S. Army SP4 Terry Robert Albright Memorial Road’.”

            Whereas, Terry Robert Albright was born on February 1, 1950, the son of Robert and Sylvia Bailey Albright; and

            Whereas, Terry Robert Albright attended public schools in Logan County and graduated from Man High School in 1968; and

            Whereas, Terry Robert Albright entered the Army on September 17, 1969, and was deployed to Vietnam on April 4, 1970; and

            Whereas, Specialist 4th Class Terry Robert Albright was serving with the 3rd Squadron, 4th Cavalry Regiment, B Troop when he was killed in Vietnam on October 11, 1970; and

            Whereas, Specialist 4th Class Terry Robert Albright's military awards include the Vietnam Gallantry Cross Unit Citation, Order of the Spur, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal and expert badge with rifle and automatic rifle medallions; and

            Whereas, Specialist 4th Class Terry Robert Albright's name appears on the Vietnam War Memorial, Panel 07W, Line 125; and

            Whereas, Terry Robert Albright is survived by a brother, Kerry Albright, who lived through the infamous Buffalo Creek Flood in 1972 as an infant and became known as the “miracle baby of Buffalo Creek”; and

            Whereas, Terry Robert Albright’s mother, Sylvia, and brother, Steven, were among 125 people who perished in the Buffalo Creek Flood. His father, Robert, passed away in 2000; and

            Whereas, It is only fitting that an appropriate memorial recognizing Specialist 4th Class Terry Robert Albright's service and sacrifice be established in the area where he lived; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name a one-mile section of Buffalo Creek Road, beginning at the intersection of Route 10 and extending through the Town of Man, West Virginia, also known as Main Street, the “U. S. Army SP4 Terry Robert Albright Memorial Road”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated highway containing bold and prominent letters proclaiming that section of Buffalo Creek Road the “U. S. Army SP4 Terry Robert Albright Memorial Road”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to Terry Robert Albright’s brother, Kerry Albright, and his cousin, Kathy Yeager.

            And,

            S. C. R. 56 - “Requesting the Division of Highways name a section of County Route 3 near Chapmanville, Logan County, lying between County Route 3/1 and County Route 3/16, consisting of approximately 1.2 miles and locally known as Smoke House Fork Crawley Creek Road, the ‘U. S. Army Colonel Anna M. Butcher Road’.”

            Whereas, Anna M. Butcher was born in Shively, West Virginia, attended Chapmanville High School from 1940 to 1942 and graduated from Logan General Hospital School of Nursing in 1946; and

            Whereas, Anna M. Butcher, the daughter of Mr. and Mrs. T. E. Butcher, grew up with four sisters and three brothers; and

            Whereas, Anna M. Butcher entered the United States Army Nurse Corps in November 1951 and completed basic training at Fort Meade, Maryland, in December 1951; and

            Whereas, First Lieutenant Anna M. Butcher was assigned as a staff nurse to Fort Belvoir, Virginia, in December 1951; and

            Whereas, First Lieutenant Anna M. Butcher enjoyed a long and distinguished career in the Army Nurse Corps, reaching the rank of Colonel before retiring; and

            Whereas, Col. Anna M. Butcher completed assignments with increasing responsibilities as staff nurse, head nurse or chief nurse at U. S. Army medical facilities in Korea, Vietnam, Germany and Japan, as well as at home in Kentucky, Alabama, Virginia and Washington, D. C.; and

            Whereas, Col. Anna M. Butcher’s last assignment before retiring was as Chief of the Department of Nursing at the U. S. Army Hospital in Fort Polk, Louisiana; and

            Whereas, Col. Anna M. Butcher was awarded a Bronze Star, Army Commendation Medal with two oak leaf clusters and a Meritorious Service Medal; and

            Whereas, Following her military career, Col. Anna M. Butcher returned home to her native Logan County where she cared for her family and friends and continues to live and serve her community; and

            Whereas, It is the wish of the Legislature to commemorate the service Col. Butcher offered to her country and to the many sick and injured members of the military; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name a section of West Virginia Route 3 near Chapmanville, Logan County, lying between County Route 3/1 and County Route 3/16, consisting of approximately 1.2 miles and locally known as Smoke House Fork Crawley Creek Road, the “U. S. Army Colonel Anna M. Butcher Road”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “U. S. Army Colonel Anna M. Butcher Road”; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to Col. Anna M. Butcher.

            The Speaker referred the resolutions to the Committee on Rules.

Miscellaneous Business

            Delegate Walters announced that he was absent when the votes were taken on Com. Sub. for S. B. 243, Com. Sub. for S. B. 284, Com. Sub. for S. B. 287 and Com. Sub. for S. B. 342 and that had he been present, he would have voted “Yea” thereon. The Delegate also announced that he was absent when the votes were taken on Com. Sub. for S. B. 140, Com. Sub. for S. B. 182, Com. Sub. for S. B. 192 and S. B. 198 and had be been present, he would have voted “Nay” thereon.

            Delegate Caputo asked and obtained unanimous consent that all the remarks regarding Com. Sub. for S. B. 347, Creating Firearms Act of 2015 be printed in the Appendix to the Journal.

            Delegate Guthrie announced that she was absent when the votes were taken on Roll Nos. 472 through 476 and had she been present, she would have voted “Yea” thereon.

            Delegate Byrd noted to the Clerk that he was absent when the vote was taken on the passage of Com. Sub. for S. B. 30, and that had he been present, he would have voted “Yea” thereon.

            Delegate Sponaugle noted to the Clerk that he was absent when the vote was taken on Roll Nos. 490, 491 and 492, and that had he been present, he would have voted “Yea” thereon.

            Delegate Manchin announced that he was absent when the vote was taken on Roll Nos. 488 and 489, and had he been present he would have voted “Yea” thereon.

            Delegate Ihle asked and obtained unanimous consent that all the remarks regarding Com. Sub. for H. B. 2016 be printed in the Appendix to the Journal.

            At 9:07 p.m., the House of Delegates adjourned until 9:30 a.m., Friday, March 13, 2015.