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Friday, January 16, 2015

THIRD DAY

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

            The House of Delegates met at 10:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

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

            The Clerk proceeded to read the Journal of Thursday, January 15, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

            Your Committee on Energy has had under consideration:

            H. B. 2001, Repeal the Alternative and Renewable Energy Portfolio Act,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2001) was referred to the Committee on the Judiciary.                           

Bills Introduced

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

By Delegates Faircloth and D. Evans:

            H. B. 2083 - “A Bill to amend and reenact §20-2-28 and §20-2-42x of the Code of West Virginia, 1931, as amended, all relating to Class XS senior resident lifetime licenses; and providing that seniors purchasing the Class XS license are not required to purchase any additional hunting, fishing and trapping stamps or permits issued by the Division of Natural Resources under article two, chapter twenty of the West Virginia Code”; to the Committee on Agriculture and Natural Resources then Finance.

By Delegate Manchin:

            H. B. 2084 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-3-18, relating to prohibiting healthcare providers from discriminating against or refusing treatment of a patient regardless of how that person was injured or became ill”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Manchin and Caputo:

            H. B. 2085 - “A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended, relating to the solicitation of public employees of the state or its political subdivisions by a candidate for an elective office; clarifying that the solicitation of public employees, in their work place, for contributions, services or other things of value by electronic communications is prohibited; clarifying that solicitations of public employees for contributions, services or other thing of value for a candidate, party or political purpose is prohibited; creating a specific exception for the solicitation of votes outside the workplace; and removing postmasters and federal officers and employees from those persons who may not be solicited”; to the Committee on the Judiciary.

By Delegates Manchin, Skinner and Caputo:

            H. B. 2086 - “A Bill to amend and reenact §31D-1-150 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §31D-7-740 and §31D-7-741; to amend said code by adding thereto a new section, designated §31D-8-834; to amend said code by adding thereto a new section, designated §31D-15-1540; and to amend said code by adding thereto a new section, designated §31D-16-1621, all relating to the accountability of a corporation’s political activities; defining additional terms; requiring annual authorization and approval by a majority of shareholders for corporations spending a yearly aggregate of $10,000 or more for political activities in this state; providing for director liability for spending without proper authorization; requiring disclosure of corporate political activities to shareholders and the public; and applying these new requirements to foreign corporations”; to the Committee on the Judiciary.

By Delegates Manchin, Walters and Caputo:

            H. B. 2087 - “A Bill to amend and reenact §11A-3-19, §11A-3-21 and §11A-3-23 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11A-3-23a; to amend and reenact §11A-3-52, §11A-3-54 and §11A-3-56 of said code; to amend said code by adding thereto a new section, designated §11A-3-58a; and to amend and reenact §11A-4-4 of said code, all relating to permitting surface owners to purchase the mineral interests that lay below the property when the mineral interest becomes subject to a tax lien; establishing procedures; requiring notice; establishing the purchase prices; establishing nonrefundable $20 administrative fees; providing a procedure if more than one surface owner seeks to purchase the delinquent mineral interest; modifying notices to redeem that are sent to property owners; and providing remedies relating to tax sales”; to the Committee on Energy then the Judiciary.

By Delegates Manchin and Walters:

            H. B. 2088 - “A Bill to amend and reenact §55-2-21 of the Code of West Virginia, 1931, as amended, relating to limitations of actions and suits; and reducing the number of defendants named in the beginning of a lawsuit by tolling the statute of limitations against all tortfeasors upon filing direct claims against tortfeasors”; to the Committee on the Judiciary.

By Delegates Manchin, Longstreth and Caputo:

            H. B. 2089 - “A Bill to amend and reenact §3-8-1a and §3-8-2b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §3-8-8a, §3-8-15, §3-8-16 and §3-8-17, all relating to the disclosure of information on campaign contributions and spending; setting forth reporting and disclosure requirements; setting forth the treatment of functional equivalent of express advocacy as independent expenditures; expanding the period during which communications are treated as electioneering communications; setting forth the effective date of expanding the period during which communications are treated as electioneering communications; setting forth the disclosure requirements for corporations and certain other entities; setting forth disclaimer requirements for campaign disbursements; requiring publication and distribution of statements and solicitations; setting forth the charges for newspaper or magazine space; establishing special disclaimer requirements for certain communications; requiring disclosures to shareholders, member and donors of information on campaign-related disbursements; defining terms; setting forth exceptions; setting forth the effective date of amendments; and providing that candidates for federal office are generally not affected”; to the Committee on the Judiciary.

By Delegates Manchin and Longstreth:

            H. B. 2090 - “A Bill to amend and reenact §31D-1-150 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §31D-7-740 and §31D-7-741; to amend said code by adding thereto a new section, designated §31D-8-834; to amend said code by adding thereto a new section, designated §31D-15-1540; and to amend said code by adding thereto a new section, designated §31D-16-1621, all relating to the accountability of a corporation’s political activities; defining additional terms; requiring annual authorization and approval by a majority of shareholders for corporations spending a yearly aggregate of $10,000 or more for political activities in this state; providing for director liability for spending without proper authorization; requiring disclosure of corporate political activities to shareholders and the public; and applying these new requirements to foreign corporations”; to the Committee on the Judiciary.

By Delegate Manchin:

            H. B. 2091 - “A Bill to amend and reenact §9-7-6 the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §14-4-1, §14-4-2, §14-4-3, §14-4-4, §14-4-5, §14-4-6, §14-4-7, §14-4-8, §14-4-9, §14-4-10 and §14-4-11, all relating to establishing civil penalties for fraud and abuse in the Medicaid program; creating the False Claims Act; permitting the fraud and abuse provisions in the Medicaid program to provide for damages under the False Claims Act; setting forth prohibited acts; establishing damages, costs and civil penalties; setting forth limitations on damages; setting forth the responsibilities of the Attorney General; permitting civil actions by private persons; granting rights of parties to qui tam proceedings; permitting awards to qui tam plaintiffs; barring certain civil actions; finding that the state is not liable for the expenses of private litigants; permitting private action for retaliatory conduct; setting forth limitation of actions; permitting retroactive application; permitting the state to intervene in actions by private persons; granting estoppel; establishing jurisdiction and venue; setting forth the nonexclusivity of act; and permitting the liberality of construction”; to the Committee on the Judiciary then Finance.

            At 10:09 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, January 19, 2015.