__________*__________

 

 

 

Tuesday, January 19, 2016

SEVENTH 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 Monday, January 18, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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. 4031, Requiring agencies to respond to public comments received during the rule-making process,

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

            Com. Sub. for H. B. 4031 -- “A Bill to amend and reenact §29A-3-5, §29A-3-6 and §29A-3-11 of the Code of West Virginia, 1931, as amended, all relating to requiring agencies to respond to public comments received during the rule-making process; permitting the President of the Senate and the Speaker of the House of Delegates to review agencies’ responses; providing grounds for the rejection of a proposed rule; and providing for review of agencies’ responses by legislative rule-making review committee,”

With the recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 4002, Relating to rule making under the state Administrative Procedures Act,

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

            Com. Sub. for H. B. 4002 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29A-3-19; and to amend said code by adding thereto a new section, designated §29A-3A-20, all relating to rule making under the state Administrative Procedures Act; providing for a sunset of rules promulgated after April 1, 2016; requiring a sunset provision for existing rules as they are modified; requiring Higher Education Policy Commission rules promulgated or modified after April 1, 2016 to include a sunset provision; clarifying that statutory sunset provisions take precedence over rule sunset provisions; expressly exempting out emergency rules from the sunset requirement; authorizing the Legislative Rule-making Review Committee to establish a procedure for timely review of rules prior to the expiration of the sunset provision; and authorizing the legislative oversight commission on education accountability to establish a procedure for timely review of rules prior to the expiration of the sunset provision”,

            With recommendation that the committee substitute do pass.

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

            Your Committee on the Judiciary has had under consideration:

            H. B. 4007, Relating generally to appointment of attorneys to assist the Attorney General,

            And reports back a Committee Substitute therefor, with a new title, as follows:

            Com. Sub. for H. B. 4007 - “A Bill to amend and reenact §5-3-3 and §5-3-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-3-3a, all relating generally to appointment of attorneys to assist the Attorney General; authorizing the Attorney General to appoint special assistant attorneys general; establishing competitive bidding process for the use of private attorneys on a contingency fee basis by the Attorney General; requiring written determinations for the Attorney General’s selection of private attorneys to represent the state on a contingency fee basis; setting fees for contingency fee legal arrangements or contracts between private attorneys and the Attorney General; requiring appointed private attorneys to accept an award of attorney fees in accordance with, and no greater than, the established fee limitations; establishing supervision requirements for private lawyers representing the state on a contingency fee basis; requiring the posting of certain documents relating to the Attorney General’s retention of private attorneys to represent the state on a contingency fee basis; providing for the designation as a special assistant attorney general upon appointment; prohibiting campaign contributions to the Attorney General by members and staff of a private law firm providing legal services to the state; requiring Attorney General reports on certain legal causes and matters to the Governor, President of the Senate and Speaker of the House; outlining contents of those reports; updating and removing outdated provisions; and defining terms,”

            With recommendation that the committee substitute do pass.

Messages from the Executive

            The Clerk read a letter from the Legislative Rule-Making Review Committee as follows:

West Virginia Legislature

Legislative Rule-Making Review Committee

State Capitol

Charleston, West Virginia 25305

January 13, 2016

The Honorable Clark Barnes

Clerk, West Virginia Senate

State Capitol

Charleston, WV 25305

 

The Honorable Steve Harrison

Clerk, West Virginia House of Delegates

State Capitol

Charleston, WV 25305

 

Gentlemen:

 

            In accordance with the provisions of W.Va. Code, §29A-3-12, we have attached copies of the proposed legislative rules which have been submitted to and acted upon by the Legislative Rule-Making Review Committee, pursuant to the provisions of W.Va. Code, §29A-3-11, and which have not previously been submitted to the Legislature for study.

            Also, attached is a report listing the proposed legislative rules considered by the Committee, and setting forth the recommendations of the Committee with respect to the proposed legislative rules. This letter also serves as a statement that a separate bill authorizing the promulgation of each proposed legislative rule has been drafted by the staff of the Legislative Rule-Making Review Committee.

            In accordance with W.Va. Code, §29A-3-11, the draft bills are available for any member to introduce to the Legislature. The undersigned, as Co-Chairmen of the Legislative Rule-Making Review Committee, are requesting that Senator Maynard’s name be placed on the draft bills as the sponsor in the Senate, and Delegate Sobonya, Delegate Frich, and  Delegate Moffatt’s names be placed on the draft bills as the sponsor in the House of Delegates.

            Thank you for your cooperation.

                                                                                    Sincerely,                               

 

                                                                                    Mark Maynard,

                                                                                       Senate.

 

                                                                                    Kelli Sobonya.

                                                                                       House of Delegates.

            Whereupon,

            Mr. Speaker, Mr. Armstead, presented the report of the Legislative Rule-Making Review Committee in accordance with section twelve, article three, chapter twenty-nine of the code, which was read by the Clerk, and the accompanying rules were referred as follows:

West Virginia Legislature

Legislative Rule-Making Review Committee

State Capitol

Charleston, West Virginia 25305

January 13, 2016

West Virginia Legislature

 

 

State Capitol

Charleston, West Virginia

 

Ladies and Gentlemen:

 

            In accordance with the provisions of West Virginia Code, §29A-3-12, as chairpersons of the Legislative Rule-Making Review Committee we submit this report of its activities.  A bill, in the form approved by the Committee, authorizing each of the proposed legislative rules below as submitted, as modified, as modified and amended, or as amended has been drafted by the staff of the Legislative Rule-Making Review Committee pursuant to West Virginia Code §29A-3-11.

 

            The Committee submits the following proposed rules to the Legislature with the recommendation that the proposed rules be authorized for promulgation by the respective agencies as submitted:

 

Administration, WV Department of

Purchasing Division, 148CSR1 [H. B. 4046].

 

Alcohol Beverage Control Commission, WV

Private Club Licensing, 175CSR2 [H. B. 4047].

 

Consolidated Public Retirement Board

Service Credit for Accrued and Unused Sick Leave, 162CSR8 [H. B. 4048].

 

DEP - Air Quality

Standards of Performance for New Stationary Sources, 45CSR16 [H. B. 4049].

 

DEP - Air Quality

Control of Air Pollution from Combustion of Solid Waste, 45CSR18 [H. B. 4050].

 

DEP - Air Quality

Control of Air Pollution from Hazardous Waste Treatment Storage and Disposal Facilities, 45CSR25 [H. B. 4051].

DEP - Air Quality

Emission Standards for Hazardous Air Pollutants, 45CSR34 [H. B. 4052].

 

DEP - Air Quality

Control of Annual Nitrogen Oxide Emissions, 45CSR39 [H. B. 4053].

 

DEP - Air Quality

Control of Ozone Season Nitrogen Oxides Emissions, 45CSR40 [H. B. 4054 ].

 

DEP - Air Quality

Control of Annual Sulfur Dioxide Emissions, 45CSR41 [H. B. 4055].

 

DEP - Water and Waste Management

Surface Mining Reclamation, 38CSR2 [H. B. 4056].

 

DEP - Water and Waste Management

Administrative Proceedings and Civil Penalty Assessment, 47CSR30B [H. B. 4057].

 

DEP - Water and Waste Management

Aboveground Storage Tank Fee Assessments, 47CSR64 [H. B. 4058].

 

DEP - Water and Waste Management

Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment, 47CSR65 [H. B. 4059].

 

Fire Commission, WV State

Fire Code, 87CSR1 [H. B. 4060].

 

Health and Human Resources, WV Department of

Fees For Service, 64CSR51 [H. B. 4061].

 

Health and Human Resources, WV Department of

AIDS-Related Medical Testing and Confidentiality, 64CSR64 [H. B. 4062].

 

Health and Human Resources, WV Department of

Tuberculosis Testing, Control, Treatment and Commitment, 64CSR76 [H. B. 4063].

 

Health and Human Resources, WV Department of

Child Care Licensing Requirements, 78CSR1 [H. B. 4064].

 

Health and Human Resources, WV Department of

Family Child Care Facility Licensing Requirements, 78CSR18 [H. B. 4065].

 

Labor, WV Division of

Licensing of Elevator Mechanics and Technicians and Registration of Apprentices, 42CSR21A [H. B. 4066].

 

Medical Imaging & Radiation Therapy Technology Board of Examiners, WV

Rules of the Board, 18CSR1 [H. B. 4067].

 

Miners’ Health, Safety and Training, WV Office of

Substance Abuse Screening Standards and Procedures, 56CSR19 [H. B. 4068].

 

Natural Resources, WV Division of

General Hunting, 58CSR49 [H. B. 4069].

 

Natural Resources, WV Division of

Deer Hunting, 58CSR50 [H. B. 4070].

 

Natural Resources, WV Division of

Wild Boar Hunting, 58CSR52 [H. B. 4071].

 

Personnel, WV Division of

Administrative Rule of the West Virginia Division of Personnel, 143CSR1 [H. B. 4072].

 

Racing Commission, WV

Thoroughbred Racing, 178CSR1 [H. B. 4073].

 

Racing Commission, WV

Pari-Mutuel Wagering, 178CSR5 [H. B. 4074].

 

Secretary of State

Absentee Voting by Military Voters Who are Members of Reserve Units Called to Active Duty, 153CSR23 [H. B. 4075].

 

Secretary of State

Registration Forms and Receipts, 153CSR3 [H. B. 4076].

 

Secretary of State

Elimination of Precinct Registration Books, 153CSR9 [H. B. 4077].

 

Tax and Revenue, WV Department of

Exchange of Information Agreement Between the Commissioner of the Tax Division of the Department of Revenue and the Secretary of the Department of Commerce, the Secretary of the Department of Environmental Protection, the Director of the Division of Forestry of the Department of Commerce and the Commissioners of the Public Service Commission, 110CSR50H [H. B. 4078].

 

Veterans' Assistance, WV Department of

State Home for Veterans -Fiscal, 86CSR2 [H. B. 4079].

 

Veterans' Assistance, WV Department of

VA Headstones or Markers, 86CSR4 [H. B. 4080].

 

            The Committee submits to the Legislature the following proposed rules which were modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which were approved by the Committee with the modifications with the recommendation that the proposed rules be authorized for adoption by the respective agencies as modified:

 

Accountancy, Board of

Board Rules and Rules of Professional Conduct, 1CSR1 [H. B. 4081].

 

Administrative Hearings, Office of

Appeal Procedures, 105CSR1 [H. B. 4082].

 

Agriculture, WV Department of

Inspection of Nontraditional Domesticated Animals, 61CSR23D [H. B. 4083].

 

Agriculture, WV Department of

Poultry Litter and Manure Movement Into Primary Poultry Breeder Rearing Areas, 61CSR28 [H. B. 4084].

 

Agriculture, WV Department of

Livestock Care Standards, 61CSR31 [H. B. 4085].

 

Agriculture, WV Department of

Captive Cervid Farming, 61CSR34 [H. B. 4086].

 

Alcohol Beverage Control Commission, WV

Distilleries and Mini-Distilleries, 175CSR10 [H. B. 4087].

 

Alcohol Beverage Control Commission, WV

Nonintoxicating Beer Licensing and Operations Procedures, 176CSR1 [H. B. 4088].

 

Conservation Committee, WV State

West Virginia Conservation Agency Financial Assistance Program, 63CSR2 [H. B. 4089].

 

Consolidated Public Retirement Board

Deputy Sheriff Retirement System, 162CSR10 [H. B. 4090].

 

Consolidated Public Retirement Board

Benefit Determination and Appeal, 162CSR2 [H. B. 4091].

 

Consolidated Public Retirement Board

Teachers' Defined Contribution System, 162CSR3 [H. B. 4092].

 

Consolidated Public Retirement Board

Teachers' Retirement System, 162CSR4 [H. B. 4093].

 

Consolidated Public Retirement Board

Refund, Reinstatement, Retroactive Service, Loan and Correction of Error Interest Factors, 162CSR7 [H. B. 4094].

 

Consolidated Public Retirement Board

West Virginia State Police, 162CSR9 [H. B. 4095].

 

Counseling, WV Board of Examiners in

Licensing, 27CSR1 [H. B. 4096].

 

Counseling, WV Board of Examiners in

Marriage and Family License Renewal and Continuing Professional Education Requirements, 27CSR10 [H. B. 4097].

 

Counseling, WV Board of Examiners in

Licensed Professional Counselor License Renewal and Continuing Professional Education Requirements, 27CSR3 [H. B. 4098].

 

Counseling, WV Board of Examiners in

Marriage and Family Therapists Licensing, 27CSR8 [H. B. 4099].

 

Dental Examiners, WV Board of

Continuing Education Requirements, 5CSR11 [H. B. 4100].

 

Dental Examiners, WV Board of       

Expanded Duties of Dental Hygienists and Dental Assistants, 5CSR13 [H. B. 4101].

 

DEP - Oil and Gas

Horizontal Well Development, 35CSR8 [H. B. 4102].

 

DEP - Water and Waste Management

Requirements Governing Water Quality Standards, 47CSR2 [H. B. 4103].

 

DEP - Water and Waste Management

Aboveground Storage Tanks, 47CSR63  [H. B. 4104].

 

Election Commission, WV State

West Virginia Supreme Court of Appeals Public Campaign Financing Program, 146CSR5 [H. B. 4105].

 

Engineers, WV State Board of Registration for Professional

Examination, Licensure and Practice of Professional Engineers, 7CSR1 [H. B. 4106].

 

Fire Commission, WV State

State Building Code, 87CSR4 [H. B. 4107].

 

Fire Commission, WV State

Standards for the Certification of Continuing Education of Municipal, County and Other Public Sector Building Code Officials, Inspectors and Plans Examiners, 87CSR7 [H. B. 4108].

 

Governor’s Committee on Crime, Delinquency and Correction

Law Enforcement Training and Certification Standards, 149CSR2 [H. B. 4109].

 

            Health and Human Resources, WV Department of

Farmers Market Vendors, 64CSR102 [H. B. 4110].

 

Health and Human Resources, WV Department of

Certification of Opiod Overdose Prevention and Treatment Training Programs, 64CSR104 [H. B. 4111].

Health and Human Resources, WV Department of

Emergency Medical Services, 64CSR48 [H. B. 4112].

 

Health and Human Resources, WV Department of

Infectious Medical Waste, 64CSR56 [H. B. 4113].

 

Health and Human Resources, WV Department of

West Virginia Clearance for Access; Registry and Employment Screening, 69CSR10 [H. B. 4114].

 

Health and Human Resources, WV Department of

Chronic Pain Management Licensure, 69CSR8 [H. B. 4115].

 

Health and Human Resources, WV Department of

Neonatal Abstinence Centers, 69CSR9 [H. B. 4116].

 

Health and Human Resources, WV Department of

Family Child Care Home Registration Requirements, 78CSR19  [H. B. 4117].

 

Health and Human Resources, WV Department of

W. Va. Works Program Sanctions, 78CSR23  [H. B. 4118].

 

Health and Human Resources, WV Department of

Qualifications for a Restricted Provisional License to Practice as a Social Worker Within the Department, 78CSR24 [H. B. 4119].

 

Health and Human Resources, WV Department of

Goals for Foster Children, 78CSR25 [H. B. 4120].

 

Highways, WV Division of

State Transportation Infrastructure Fund Program, 157CSR11 [H. B. 4121].

 

Labor, WV Division of

Elevator Safety Act, 42CSR21 [H. B. 4122].

 

Labor, WV Division of

Wage Payment and Collection, 42CSR5 [H. B. 4123].

 

Labor, WV Division of

Minimum Wage and Maximum Hours, 42CSR8 [H. B. 4124].

 

Medicine, WV Board of

Establishment and Regulation of Limited License to Practice Medicine and Surgery at Certain State Veterans Nursing Home Facilities, 11CSR11 [H. B. 4125].

 

Natural Resources, WV Division of

Prohibitions When Hunting and Trapping, 58CSR47 [H. B. 4126].

 

Natural Resources, WV Division of

Elk Restoration and Management, 58CSR74 [H. B. 4127].

 

Nursing Home Administrators Licensing Board, WV

Nursing Home Administrators, 21CSR1 [H. B. 4128].

 

Pharmacy, WV Board of

Licensure and Practice of Pharmacy, 15CSR1 [H. B. 4129].

 

Pharmacy, WV Board of

Uniform Controlled Substances Act, 15CSR2 [H. B. 4130].

 

Pharmacy, WV Board of

Record Keeping and Automated Data Processing Systems, 15CSR4 [H. B. 4131].

 

Pharmacy, WV Board of

Licensure of Wholesale Drug Distributors, Third-Party Logistics Providers and Manufacturers, 15CSR5 [H. B. 4132].

 

Property Valuation and Procedures Commission, WV

Tax Map Sales, 189CSR5 [H. B. 4133].

 

Secretary of State

Freedom of Information Act Database, 153CSR52 [H. B. 4134].

 

Social Work, WV Board of,

            Qualifications for the Profession of Social Work, 25CSR1 [H. B. 4135].

 

Speech-Language Pathology and Audiology, WV Board of Examiners for

Licensure of Speech Pathology and Audiology, 29CSR1 [H. B. 4136].

 

Tax and Revenue, WV Department of

Payment of Taxes by Electronic Funds Transfer, 110CSR10F [H. B. 4137].

 

Transportation, WV Department of

Rail Fixed Guideway Systems State Safety Oversight, 225CSR1 [H. B. 4138].

 

Work Force West Virginia

West Virginia Prevailing Wage Act, 96CSR4 [H. B. 4139].

 

            The Committee submits the following legislative rules which were modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which was approved by the Committee with the modifications and with the recommendation that the rule be authorized for adoption by the agency with amendments:

 

Election Commission, WV State

Regulation of Campaign Finance, 146CSR3 [H. B. 4140].

 

Human Rights Commission, WV

Pregnant Workers' Fairness Act, 77CSR10 [H. B. 4141].

 

Speech-Language Pathology and Audiology, WV Board of Examiners for

Speech-Language Pathology and Audiology Assistants, 29CSR2 [H. B. 4142].

 

            The Committee submits the following legislative rule which was approved by the Committee, in accordance with the provisions of West Virginia Code, §29A-3-11 with the recommendation that the rule be authorized for adoption by the agency with amendments:

 

            Ethics Commission, WV

                        Public Use of Names or Likeness, 158CSR21 [H. B. 4143].

Bills Introduced

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

            By Delegates Westfall, McCuskey, B. White, Frich, Waxman, Hamrick, Atkinson and Stansbury:

H. B. 4144 -- “A Bill to amend and reenact §33‑24‑4 of the Code of West Virginia, 1931, as amended; to amend and reenact §33‑25‑6 of said code; to amend and reenact §33‑25A‑24 of said code; to amend and reenact §33‑25D‑26 of said code; to amend and reenact §33‑40‑1, §33‑40‑2, §33‑40‑3, §33‑40‑6 and §33‑40‑7 of said code; and to amend said code by adding thereto a new article, designated §33‑40A‑1, §33‑40A‑2, §33‑40A‑3, §33‑40A‑4, §33‑40A‑5, §33‑40A‑6, §33‑40A‑7, §33‑40A‑8, §33‑40A‑9, §33‑40A‑10, §33‑40A‑11 and §33‑40A‑12, all relating to risk‑based capital reporting for health organizations; making health organizations subject to the statutory provisions concerning risk‑based capital reporting; defining terms associated with risk‑based capital reporting for health organizations; requiring a domestic health organization to file a risk‑based capital report with the Insurance Commissioner; requiring a health organization to perform certain actions if the risk‑based capital report indicates a negative financial trend or hazardous financial condition; requiring the Insurance Commissioner to conduct certain actions if the risk‑based capital report of a health organization indicates a negative financial trend or hazardous financial condition; providing a health organization a right to a confidential hearing with respect to its risk‑based capital report; making risk‑based capital reports confidential; prohibiting the use of risk‑based capital reports in the rate‑making of a health organization; granting the Insurance Commissioner the authority to promulgate rules; requiring a foreign health organization to file a risk‑based capital report with the Insurance Commissioner; and providing immunity to the Insurance Commissioner and his employees or agents for actions taken with respect to monitoring the financial stability of a health organization”; to the Committee on Banking and Insurance then the Judiciary.

            By Delegates Blair, Azinger, Butler, Cadle, Eldridge, Householder, Marcum, Overington, R. Phillips, Sobonya and Upson:

H. B. 4145 -- “A Bill to amend and reenact §20-2-6a of the Code of West Virginia, 1931, as amended; to amend and reenact §61-7-3, §61-7-4, §61-7-6 and §61-7-11a of said code; and to amend said code by adding thereto two new sections, designated §61-7-4a and §61-7-15a, all relating to carry or use of a handgun or deadly weapon; permitting eligible persons to carry a handgun for self-defense purposes, without permit, while afield; establishing that criminal penalties for carrying a concealed deadly weapon without state license or other lawful authorization applies only to persons under twenty-one years of age; requiring an applicant for a concealed weapon permit be a United States citizen or legal resident thereof, a resident of this state and of the county in which application is made; permitting persons eighteen years and older to obtain a concealed carry permit; requiring actual live firing of ammunition in training; requiring an applicant for a concealed carry permit to provide a copy of instructor’s certification; requiring that on or after January 1, 2017, all duplicate license cards issued by county sheriffs be uniform across all fifty-five counties and feature a photograph of the licensee; requiring State Police, in cooperation with the Sheriffs’ Bureau of Professional Standards, prepare uniform applications for licenses and license cards; creating a provisional license to carry concealed deadly weapons for persons between eighteen and twenty-one years of age; establishing provisional license application requirements and procedures; exempting members of the United States Armed Forces, Reserve or National Guard from permit requirements; eliminating the requirement for persons twenty-one years of age and older to possess a permit to carry a concealed deadly weapon provided that certain conditions are met, including being a United States citizen or legal resident, being twenty-one years of age or older and not prohibited from possessing firearms; requiring a school principal to report certain violations to the State Police; 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”; to the Committee on the Judiciary.

            By Delegates Ellington, Summers, Bates, Faircloth, Householder, Rohrbach, Sobonya and Stansbury:

H. B. 4146 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4m; to amend said code by adding thereto a new section, designated §33-16-3y; to amend said code by adding thereto a new section, designated §33-24-7n; to amend said code by adding thereto a new section, designated §33-25-8k; and to amend said code by adding thereto a new section, designated §33-25A-8m, all relating to abuse-deterrent opioid analgesic drugs; providing insurance cover abuse-deterrent opioid analgesic drugs; providing direct health care services cover abuse-deterrent opioid analgesic drugs; providing certain contracts cover abuse-deterrent opioid analgesic drugs; defining terms; providing an effective date; providing for cost sharing; providing for cost tier location; and allowing cost containment measures”; to the Committee on Banking and Insurance then Select Committee on Prevention and Treatment of Substance Abuse.

            By Delegates Rowan, Mr. Speaker (Mr. Armstead), Cowles, Perry, Duke, Miley, Hamilton, Espinosa, O'Neal, Anderson and E. Nelson:

H. B. 4147 -- “A Bill to amend and reenact §18-9D-2, §18-9D-3, §18-9D-4c and §18-9D-16 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-9D-22, all relating to making the West Virginia Schools for the Deaf and Blind eligible to participate in any and all funding administered or distributed by the West Virginia School Building Authority”; to the Committee on Education then Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4148 -- “A Bill to amend and reenact §11-24-3 and §11-24-13 of the Code of West Virginia, 1931, as amended, all relating to updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act; changing the due date for filing a West Virginia Corporation Net Income Tax return; and specifying effective dates”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4149 -- “A Bill making a supplementary appropriation from the balance of moneys remaining as an unappropriated balance the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services, fund 5365, fiscal year 2016, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4150 -- “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2016, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 8723, fiscal year 2016, organization 0506, and the Department of Health and Human Resources, Human Rights Commission, fund 8725, fiscal year 2016, organization 0510, and the Department of Health and Human Resources, Division of Human Services, fund 8722, fiscal year 2016, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4151 -- “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2016, to the Department of Education, State Board of Education – School Lunch Program, fund 8713, fiscal year 2016, organization 0402, and the Department of Education, State Board of Education – Vocational Division, fund 8714, fiscal year 2016, organization 0402,  by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4152 -- “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2016, to the Department of Environmental Protection, Division of Environmental Protection – Protect Our Water Fund, fund 3017, fiscal year 2016, organization 0313, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4153 -- “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Health and Human Resources, Division of Health, fund 0407, fiscal year 2016, organization 0506, and the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2016, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4154 -- “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Public Defender Services, fund 0226, fiscal year 2016, organization 0221, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4155 -- “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2016, to the Department of Health and Human Resources, Division of Health – West Virginia Birth-to-Three Fund, fund 5214, fiscal year 2016, organization 0506, and the Department of Health and Human Resources, Division of Human Services - Medical Services Trust Fund, fund 5185, fiscal year 2016, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4156 -- “A Bill supplementing and amending by decreasing an appropriation, and making a supplementary appropriation from the balance of moneys remaining as an unappropriated balance the State Fund, State Excess Lottery Revenue Fund, to the Department of Revenue, Lottery Commission – Distributions to Statutory Funds and Purposes, fund 7213, fiscal year 2016, organization 0705, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4157 -- “A Bill supplementing, amending, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2016, organization 0803, for the fiscal year ending June 30, 2016”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4158 -- “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2016, to the Department of Commerce, WorkForce West Virginia – Workforce Investment Act, fund 8749, fiscal year 2016, organization 0323, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4159 -- “A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2016, to the Public Services Commission – Motor Carrier Division, fund 8743, fiscal year 2016, organization 0926, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4160 -- “A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2016, to the Department of Revenue, Tax Division – Wine Tax Administration Fund, fund 7087, fiscal year 2016, organization 0702, and the Department of Revenue, Tax Division – Local Sales Tax and Excise Tax Administration Fund, fund 7099, fiscal year 2016, organization 0702, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4161 -- “A Bill to amend and reenact §11-8-6a of the Code of West Virginia, 1931, as amended, relating to levies on classifications of property by the Board of Public Works; removing antiquated language requiring Board of Public Works to levy property tax rates to meet the requirements of state road bonds issued prior to November 8, 1932; and removing references to corresponding levy rates”; to the Committee on Finance.

            Mr. Speaker (Mr. Armstead), and Delegate Miley

[By Request of the Executive]:

H. B. 4162 -- “A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2016 in the amount of $659,500 from the Department of Revenue, Insurance Commissioner – Examination Revolving Fund, fund 7150, fiscal year 2016, organization 0704 and in the amount of $26,000,000 from the Department of Revenue, Insurance Commissioner – Insurance Commission Fund, fund 7152, fiscal year 2016, organization 0704”; to the Committee on Finance.

Daily Calendar

Second Reading

H. B. 4033, Adding criminal penalties for the unauthorized practice of pharmacists care; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

First Reading

Com. Sub. for H. B. 2101, Eliminating obsolete government entities; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Remarks by Members

Delegate Arvon asked and obtained unanimous consent that the remarks of Delegate Rohrbach regarding the closure of the Huntington Division of CSX Railroad be printed in the Appendix to the Journal.

Miscellaneous Business

            Delegate Lane filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 4018.

            Delegate Frich filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 4034.

            Delegate Miller filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2615.

            At 11:33 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 20, 2016.

 

 

    HOUSE OF DELEGATES

STEPHEN J. HARRISON, Clerk

   Building 1, Room M-212

  1900 Kanawha Blvd., East

 Charleston, WV 25305-0470