Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House


West Virginia Legislature

JOURNAL

of the

House of Delegates

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Thursday, January 29, 2015

SIXTEENTH 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, January 28, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Nelson, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

            Your Committee on Veterans Affairs and Homeland Security has had under consideration:

            H. B. 2224, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2224) was referred to the Committee on the Judiciary.

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

            Your Committee on Government Organization has had under consideration:

            H. B. 2182, Relating to examination of Potomac Highlands Airport Authority accounts by Chief Inspector and Tax Commissioner,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 2182) was referred to the Committee on Finance.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 2200, Revising, rearranging, consolidating and recodifying the laws of the State of West Virginia relating to child welfare,

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

            In the absence of objection, reference of the bill (H. B. 2200) to the Committee on Finance was abrogated.

Messages from the Senate

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

            S. C. R. 8 - “Urging the United States Environmental Protection Agency to immediately withdraw and/or rescind its proposed definition of ‘waters of the United States’ under the Clean Water Act (40 CFR 230.3).”

            Whereas, Agriculture is critically important to West Virginia and the United States of America, to the economy of West Virginia and of the nation, to the way of life of the citizens of West Virginia and to the survival of the inhabitants of West Virginia, of the United States of America and of the world; and

            Whereas, West Virginia's farms are small, family-owned and -operated enterprises, providing good and wholesome food to the citizens of West Virginia and citizens of the United States of America beyond the borders of West Virginia; and

            Whereas, The farmers of West Virginia have demonstrated a long history and tradition of being good stewards of the land, employing sound conservation practices to make their farms and West Virginia's agricultural production sustainable and to produce agricultural products in a way that protects the environment and our water supply; and

            Whereas, Notwithstanding this long tradition of farming in harmony with protection of the environment, the United States Environmental Protection Agency (EPA) has proposed a new definition of “waters of the United States” under the Clean Water Act (40 CFR 230.3), by which new definition the EPA will expand dramatically its jurisdiction and authority, expanding it in ways that are neither necessary or advisable and in ways that were never contemplated by the Congress of the United States when it enacted the Clean Water Act; and

            Whereas, Under the new definition of the “waters of the United States” proposed by the EPA, Section 402 permits under the Clean Water Act will become necessary for common farming activities such as applying fertilizer or pesticide, or moving cattle, if materials (fertilizer, pesticide or manure) would fall into jurisdictional low spots or ditches; and

            Whereas, Under the new definition of the “waters of the United States” proposed by the EPA, Section 404 permits under the Clean Water Act will become necessary for earth-moving activity, such as plowing, planting or fencing, except as part of “established” farming ongoing at the same site since 1977; and

            Whereas, Under the new definition of the “waters of the United States” proposed by the EPA, even the smallest low spots that puddle often enough to meet the broad definition of “wetlands” (79 Fed. Reg. 22218) would be regulated if they are in a “floodplain” or a “riparian area”, or if EPA staff find that they, in combination with similar low spots in the region, have a “significant nexus” to any other “waters of the United States”; and

            Whereas, This unwarranted expansion of federal jurisdiction and authority that would be the consequence of the adoption of the new definition of the “waters of the United States” proposed by the EPA will be detrimental to the continuation of normal farming activities and, ultimately, to the food supply; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby urges the United States Environmental Protection Agency to immediately withdraw and/or rescind its proposed definition of “waters of the United States” under the Clean Water Act (40 CFR 230.3); and, be it

            Further Resolved, That if the United States Environmental Protection Agency does not immediately withdraw and/or rescind its proposed new definition of “waters of the United States” under the Clean Water Act (40 CFR 230.3), then the Congress of the United States, as the elected representatives of the people of the United States of America, is urged to enact such statutes as are necessary to abrogate this gross and unwarranted expansion of federal jurisdiction and authority by the EPA upon the land of the inhabitants of West Virginia and the other states that form the United States of America; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, to the Administrator of the United States Environmental Protection Agency and to the representatives and senators elected by the citizens of West Virginia serving the citizens of West Virginia in the Congress of the United States in Washington, D. C.

            A message from the Senate, by

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

            Com. Sub. for S. B. 8 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-6a, relating to auditing the Division of Highways”; which was referred to the Committee on Finance.

Bills Introduced

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

By Delegates Weld, Fast, Marcum, Sponaugle, Skinner and Shott:

            H. B. 2494 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-2-1b, relating to creating a provisional plea process in criminal cases; and making findings”; to the Committee on the Judiciary.

By Delegates Gearheart and Hamrick

            [By Request of the Motor Vehicles, Division of]:

            H. B. 2495 - “A Bill to amend and reenact §17B-2-7 of the Code of West Virginia, 1931, as amended, relating to the written examination of applicants for a license to operate a motor vehicle; and requiring information on the dangers of distracted driving to be included on the examination”; to the Committee on Roads and Transportation then the Judiciary.

By Delegates Ellington, Howell, Householder, Pasdon and Sobonya:

            H. B. 2496 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-3F-1, §30-3F-2, §30-3F-3, §30-3F-4, §30-3F-5, §30-3F-6, §30-3F-7, §30-3F-8, §30-3F-9, §30-3F-10, §30-3F-11, §30-3F-12, §30-3F-13, §30-3F-14, §30-3F-15, §30-3F-16, §30-3F-17, §30-3F-18, §30-3F-19, §30-3F-20, §30-3F-21, §30-3F-22, §30-3F-23 and §30-3F-24, all relating to adopting the Interstate Medical Licensure Compact; strengthening access to health care; developing a comprehensive process that complements current statutes regarding medical practices; providing a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients; creating another pathway for licensure; adopting the prevailing standard for licensure and affirming that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter; and requiring the physician to be under the jurisdiction of the state medical board where the patient is located”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Ellington, Howell, Householder, Pasdon and Sobonya:

            H. B. 2497 - “A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-3-13a, all relating generally to the practice of medicine; rewriting the licensing requirements for the practice of medicine and surgery or podiatry; making exceptions; providing for unauthorized practice; requiring notice; establishing criminal penalties; permitting the practice of telemedicine; establishing requirements; making exceptions; defining terms; and authorizing rule making”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Cadle, Ihle, Zatezalo, Faircloth and Hamrick:

            H. B. 2498 - “A Bill to amend and reenact §11A-1-3 of the Code of West Virginia, 1931, as amended, relating to allowing taxpayers to make partial payments of real and personal property taxes”; to the Committee on Finance.

By Delegates Rodighiero and Reynolds:

            H. B. 2499 - “A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to courses of instruction in all schools located within this state; and making available elective courses on the history of the old and new testaments of the bible”; to the Committee on Education then the Judiciary.

By Delegate Rodighiero:

            H. B. 2500 - “A Bill to amend and reenact §16-2-2 and §16-2-12 of the Code of West Virginia, 1931, as amended, all relating to local boards of health and local health officers; and allowing local boards of health to appoint physician assistants as local health officers”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Rowan, L. Phillips, Border, Campbell, Arvon, Kessinger, Waxman, Summers, Miller, Sobonya and Longstreth:

            H. B. 2501 - “A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-11D-3 of said code, all relating to sex offenders; prohibiting sexual offenders from residing within one thousand feet of a school or childcare facility; requiring persons, as a condition of probation, parole or supervised release, convicted of sexual crimes against a minor be subject to global positional system monitoring for life; and providing for a felony penalty”; to the Committee on the Judiciary.

By Delegates Espinosa, Upson, Gearheart, Cooper, Ambler, O'Neal, Miller, Sobonya, Shott, Arvon and Blair:

            H. B. 2502 - “A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to persons possessing deadly weapons on school buses or on the premises of educational facilities; authorizing active law-enforcement officers and retired law-enforcement officers acting as security for schools to carry deadly weapons on a school bus, on school property or at school sponsored functions when certain conditions are met”; to the Committee on Education then the Judiciary.

By Delegates Longstreth, Caputo, Manchin, Pethtel, Walters, Trecost and Eldridge:

            H. B. 2503 - “A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-1C-5c, all relating to appraisal value of certain motor vehicles for purposes of ad valorem property taxes; providing that the minimum appraised value of a motor vehicle is $700 for purposes of ad valorem property taxes; and providing that the appraised value of an antique motor vehicle is $5,000 for purposes of ad valorem property taxes”; to the Committee on Roads and Transportation then Finance.

By Delegates Canterbury, Pethtel, Folk, Kurcaba, Walters, Hamilton, Marcum and Hicks

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 2504 - “A Bill to amend and reenact §5-10-28 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Retirement System Fund; and clarifying that the members deposit fund, the employers accumulation fund, the retirement reserve fund, the income fund and the expense fund all refer to the Public Employees Retirement Fund”; to the Committee on Pensions and Retirement then Finance.

By Delegates Canterbury, Pethtel, Folk, Walters, Hamilton, Marcum, Kurcaba and Hicks

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 2505 - “A Bill to amend and reenact §5-10-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14D-5 of said code; to amend and reenact §8-22A-6 of said code; to amend and reenact §15-2A-3 of said code; to amend and reenact §16-5V-6 of said code; and to amend and reenact §18-7A-13 of said code, all relating to retirement system participation and concurrent employment provisions; clarifying that members first employed in covered employment in the West Virginia Deputy Sheriffs Retirement System, West Virginia Municipal Police Officers and Firefighters Retirement System or the West Virginia Emergency Medical Services Retirement System shall participate in only one retirement system administered by the Consolidated Public Retirement Board in which the member has the earliest date of hire; and specifying that members of the Public Employees Retirement System, the State Police Retirement System and the Teachers’ Retirement System who are employed in an additional job that requires membership in the West Virginia Deputy Sheriff Retirement System, the West Virginia Municipal Police Officers and Firefighters Retirement System or the West Virginia Emergency Medical Services Retirement System shall abide by the concurrent employment provisions of said system and participate in only one system administered by the Consolidated Public Retirement Board”; to the Committee on Pensions and Retirement then Finance.

By Delegates Canterbury, Pethtel, Folk, Kurcaba, Walters, Hamilton, Marcum and Hicks

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 2506 - “A Bill to amend and reenact §15-2A-9 and §15-2A-10 of the Code of West Virginia, 1931, as amended, all relating to duty-related disability retirement in the West Virginia State Police Retirement System; specifying that disability disbursements shall begin the first day of the month following approval by the Consolidated Public Retirement Board and member’s termination of employment”; to the Committee on Pensions and Retirement then Finance.

By Delegates Canterbury, Pethtel, Folk, Kurcaba, Walters, Hamilton, Marcum and Hicks

            [By Request of the Consolidated Public Retirement Board]:

            H. B. 2507 - “A Bill to amend and reenact §8-22A-2 and §8-22A-6 of the Code of West Virginia, 1931, as amended, all relating to membership provisions in the West Virginia Municipal Police and Firefighters Retirement System”; to the Committee on Pensions and Retirement then Finance.

By Delegates R. Phillips, J. Nelson, Sobonya, Smith, R. Arvon, Miller, Rohrbach, Gearheart, Ellington, A. Evans and Moffatt:

            H. B. 2508 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11B-1, §5-11B-2, §5-11B-3, §5-11B-4, §5-11B-5 and §5-11B-6, all relating to creating the West Virginia Freedom of Conscience Protection Act to ensure that, in all cases where state action burdens the exercise of religion, strict scrutiny is applied and to provide a claim or defense to a person or persons whose exercise of religion is burdened by state action; short title; definitions; applicability; construction; remedies; effective date; and severability”; to the Committee on the Judiciary.

By Delegates Faircloth, McGeehan, Moffatt, Kessinger, J. Nelson and Ihle:

            H. B. 2509 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1 and §16-46-2, all relating to federal health care legislation; legislative findings; invalidity in this state; violations and providing criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Campbell, Kelly, Wagner, Rowan, Perry, Ambler, Romine, Cooper, Reynolds, Householder and Marcum:

            H. B. 2510 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-6c, relating to school celebrations, recognition programs and events; standards, authorizations and requirements; plan required; parental participation; permissible activities and refreshments; and responsibilities of schools, faculty senates, principals, and Department of Education Office of Child Nutrition”; to the Committee on Health and Human Resources then Education.

By Delegates Walters, Howell, Ellington, Canterbury, R. Smith, Gearheart, Westfall, McGeehan, Perry, P. Smith and Ambler:

            H. B. 2511 - “A Bill to amend and reenact §33-15-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §33-15F-1, §33-15F-2 and §33-15F-3; and to amend and reenact §33-16-1 of said code, all relating to creating the ‘Health Care Sharing Ministries Freedom to Share Act’; exempting health care sharing ministries from state statutory requirements of individual and group accident and health insurance policies; setting forth the conditions that must be met; providing a short title; and defining a term”; to the Committee on Health and Human Resources then the Judiciary.

By Delegates Walters, R. Phillips, J. Nelson, Canterbury, Smith, R. Gearheart, Williams, Marcum, White, H. and Pethtel:

            H. B. 2512 - “A Bill to amend and reenact §24-2-12 of the Code of West Virginia, 1931, as amended, relating to requiring the consent of the Public Service Commission before an electric utility subject to this chapter may retire or permanently shut-down an electric generating plant; and providing that the Public Service Commission require a contemporaneous and achievable plan by the utility to assure continuation of economical, adequate and reliable electricity power supply, before consenting to the retirement or shut-down”; to the Committee on Energy then the Judiciary.

By Delegates Perry, Rowan, Moye, Campbell, Pushkin, Reynolds, Trecost, Smith, P. and Williams:

            H. B. 2513 - “A Bill to amend and reenact§18A-4-8 of the Code of West Virginia, 1931, as amended, relating to school personnel, employment term and class titles of service personnel and definitions; and creating a multiclassification status within the definitions of "Early Childhood Classroom Assistant Teacher - Temporary Authorization", "Early Childhood Classroom Assistant Teacher - Permanent Authorization" and ‘Early Childhood Classroom Assistant Teacher - Paraprofessional Certificate’”; to the Committee on Education then Finance.

By Delegates Walters, Howell, Ellington, Canterbury, R. Smith, Gearheart, Westfall, McGeehan, Perry, Williams and H. White:

            H. B. 2514 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-10A-1, §4-10A-2 and §4-10A-3, all relating to creating a Bureau of Actuarial Services within the office of the Legislative Auditor to provide independent actuarial services for all departments, agencies or institutions of state government of West Virginia, in accordance with generally accepted government auditing standards; and transferring responsibility of providing the various actuarial service required by state agencies from those agencies to the Legislative Auditor”; to the Committee on Government Organization then Finance.

By Delegates R. Phillips, J. Nelson, Eldridge, H. White, Marcum, Reynolds, L. Phillips, R. Smith, Sobonya, Hill and Arvon:

            H. B. 2515 - “A Bill to amend and reenact §20-2-4 and §20-2-5a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-5h, all relating to elk restoration; requiring persons required to deliver wildlife to an official checking station to electronically register that wildlife in lieu of its delivery to an official checking station; establishing a fine for the illegal taking of elk; requiring the Division of Natural Resources to take an active role in the reintroduction of the elk species; making findings; and providing for rule-making”; to the Committee on Agriculture and Natural Resources then Finance.

Daily Calendar

Third Reading

            S. B. 3, Relating to real property possessor’s liability for trespasser harm; 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. 18), 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: Campbell and Caputo.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 3) passed.

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

            H. B. 2138, Adding aircraft operations on private airstrips and farms to the definition of recreational purpose; 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. 19), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Manchin and Moore.

            Absent and Not Voting: Campbell and Caputo.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2138) passed.

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

Second ReadingCom. Sub. for H. B. 2053, Relating to the form of trust deeds; on second reading, coming up in regular order, was read a second time.

            On motion of Delegate Shott, the bill was amended on page three, line twenty-eight, following “(5)”, by inserting the words “entitled in compliance with subsection (b), section fourteen, article one, chapter thirty-eight of this code if the indebtedness is a line of credit; (6)”.

            And,

            On page three, line twenty-nine after the words “credit; and ” by striking out “(6)” and inserting in lieu thereof “(7)”.           

            The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 2227, Relating to the National Coal Heritage Area Authority; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Caputo and Campbell.

Miscellaneous Business

            Delegate Frich asked and obtained unanimous consent that she be added as a cosponsor of H. B. 2445, Relating generally to the State Administrative Procedures Act.

            Delegate Pushkin asked and obtained unanimous consent that he be added as a cosponsor of H. B. 2045, Overdose Prevention Act.

Remarks by Members

            Numerous Members were recognized and addressed the House during today’s session, and during those remarks, the Speaker reminded the Members of decorum of the House, and asked that all members be mindful of the Rules of the House when addressing the House.

            Delegate Marcum then asked and obtained unanimous consent that the remarks of Delegate Storch regarding the drug prevention program in Wheeling be printed in the Appendix to the Journal.

            Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate Anderson regarding the use of illegal drugs in West Virginia be printed in the Appendix to the Journal.

            At 12:38 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 30, 2015.