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Friday, January 22, 2016

TENTH DAY

[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

            The House of Delegates met at 9:00 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.

            Delegate Cowles arose to suggest the absence of a quorum, the Clerk opened the machine for the roll to be taken (Roll No. 5), and 51 members being present, the Speaker declared the presence of a quorum.

            The Clerk proceeded to read the Journal of Thursday, January 21, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Delegate McCuskey, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4043, Adjusting the risk-based capital trend test for life and health insurers,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4043) was referred to the Committee on Finance.

Delegate McCuskey, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4144, Relating to risk based capital reporting for health organizations,

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. 4144) was referred to the Committee on the Judiciary.

Delegate McCuskey, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 4146, Providing insurance cover abuse-deterrent opioid analgesic drugs,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Select Committee on Prevention and Treatment of Substance Abuse.

            In accordance with the former direction of the Speaker, the bill (H.B. 4146) was referred to the Select Committee on Prevention and Treatment of Substance Abuse.

Delegate Miller, Chair of the Committee on Small Business, Entrepreneurship and Economic Development, submitted the following report, which was received:

Your Committee on Small Business, Entrepreneurship and Economic Development has had under consideration:

H. B. 2615, West Virginia Small Business Capital Act,

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

            In accordance with the former direction of the Speaker, the bill (H.B. 2615) was referred to the Committee on Finance.

Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 4119, Department of Health and Human Resources, rule relating to qualifications for a restricted provisional license to practice as a social worker within the department,

H. B. 4120, Department of Health and Human Resources, rule relating to goals for foster children,

H. B. 4128, Nursing Home Administrators Licensing Board, rule relating to nursing home administrators,

H. B. 4129, Board of Pharmacy, rule relating to the licensure and practice of pharmacy,

H. B. 4130, Board of Pharmacy, rule relating to the Uniform Controlled Substances Act,

H. B. 4131, Board of Pharmacy, rule relating to record keeping and automated data processing systems,

H. B. 4132, Board of Pharmacy, rule relating to the licensure of wholesale drug distributors, third-party logistics providers and manufacturers,

And,

H. B. 4136, Board of Examiners for Speech-Language Pathology and Audiology, rule relating to the licensure of speech pathology and audiology.

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

            In accordance with the former direction of the Speaker, the bills (H. B. 4119, H. B. 4120, H. B. 4128, H. B. 4129, H. B. 4130, H. B. 4131, H. B. 4132 and H. B. 4136) were each referred to the Committee on the Judiciary.

Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 4118, Department of Health and Human Resources, rule relating to W. Va. Works Program sanctions,

And,

H. B. 4125, Board of Medicine, rule relating to the establishment and regulation of limited license to practice medicine and surgery at certain state veterans nursing home facilities.

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

In accordance with the former direction of the Speaker, the bills (H. B. 4118 and H. B. 4125) were each referred to the Committee on the Judiciary.

Resolutions Introduced

            Delegates Howell, Blair, Cowles, Duke, Espinoa, A. Evans, Faircloth, Fleischauer, Folk, Frick, Householder, Kurcaba, Flanigan, Overington, Rowan, Shaffer, Skinner, R. Smith, Statler and Upson offered the following resolution, which was read by its title and referred to the Committee on Finance then Rules:

H. C. R. 21 – “Requesting the Joint Committee on Government and Finance study the impact of reimbursing the State of Maryland for the use of its helicopter Maryland Trooper Five for runs into West Virginia.”

Whereas, The State of West Virginia has its rules set forth in the Code of State Rules; and

Whereas, The State of Maryland maintains a helicopter detachment on West Virginia soil at the Cumberland Regional Airport in Wylie Ford, West Virginia; and

Whereas, Maryland Trooper Five, the helicopter quartered at the Cumberland Regional Airport, makes numerous calls into West Virginia when it is needed, specifically for the purpose of airlifting West Virginia citizens in cases of medical emergency; and

Whereas, Over thirty such flights were made in 2011; and

Whereas, All such flights are made at the expense of the Maryland taxpayer and we have no assurance that this generosity on the part of the voters of the State of Maryland will continue; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance study the impact of reimbursing the State of Maryland for these important life-saving flights into West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, 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.

Bills Introduced

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

            By Delegates Trecost, Boggs, Guthrie, Longstreth, Hamrick and Lynch:

H. B. 4223 -- “A Bill to amend and reenact §17-1-3 of the Code of West Virginia, 1931 as amended relating to authorizing individuals and business concerns to purchase sponsorship relative to courtesy patrol vehicles in exchange for advertisement displays on courtesy patrol vehicles”; to the Committee on Roads and Transportation then the Judiciary.

            By Delegates Trecost, Longstreth, Shaffer, Eldridge, Ferro, Caputo and Kelly:

H. B. 4224 -- “A Bill to amend and reenact §18-5-9 of the Code of West Virginia, 1931, as amended, relating to requiring school restroom facilities to have privacy walls”; to the Committee on Education then Finance.

By Delegates Overington, Sobonya, Hanshaw, Gearheart, Cadle, Householder, Butler, Moffatt, Frich, Rowan and Kelly:

H. B. 4225 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-17, relating to patriotic displays at public buildings; allowing for the national motto, “In God We Trust”, to be displayed on public buildings; allowing for the display of the POW-MIA flag at public buildings; and requiring the Department of Administration to develop guidelines for appropriate display of the motto and flag”; to the Committee on the Judiciary.

            By Delegates Trecost, Butler, Boggs, Wagner, Hamrick and Lynch:

H. B. 4226 -- “A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to  exceptions to prohibitions against carrying concealed handguns; and authorizing appointees or employees of the Alcohol Beverage Control Commissioner to carry concealed handguns”; to the Committee on the Judiciary.

By Delegates Howell, Arvon, Zatezalo, Border, Phillips, Hartman, Ihle, Cadle, Moffatt, Atkinson and Morgan:

H. B. 4227 -- “A Bill to amend and reenact §30-38-6 of the Code of West Virginia, 1931, as amended, relating to adding citizen members to the Real Estate Appraiser Licensing and Certification Board; and providing for the disqualification of citizen members who become licensees”; to the Committee on Government Organization.

By Delegates Cowles, B. White, Shott, Espinosa, E. Nelson, Howell, Upson, Trecost, Reynolds and Gearheart:

H. B. 4228 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §17-29-1, §17-29-2, §17-29-3, §17-29-4, §17-29-5, §17-29-6, §17-29-7, §17-29-8, §17-29-9, §17-29-10, §17-29-11, §17-29-12, §17-29-13, §17-29-14, §17-29-15, §17-29-16, §17-29-17, §17-29-18 and §17-29-19, all relating to transportation network companies; providing definitions; declaring not common carriers; requiring permits; requiring an agent for service of process; providing for fare collection, identification, and electronic receipts; requiring financial responsibility and disclosure thereof; allowing automobile insurers to exclude certain coverages; defining the relationship between drivers and transportation network companies; prohibiting alcohol or drug use; providing requirements for drivers; requiring vehicle inspections; prohibiting street hails cash trips and discrimination; requiring customer records to be kept and prohibiting local entity taxes or licenses”; to the Committee on Roads and Transportation then Finance.

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

            [By Request of the Executive]:

H. B. 4229 -- “A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the Bureau of Senior Services - Lottery Senior Citizens Fund, fund 5405, fiscal year 2016, organization 0508, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; to the Committee on Finance.

By Delegates Howell, Arvon, Blair, Phillips, Hill, Hartman, Stansbury, McGeehan, R. Smith, Hamrick and Morgan:

H. B. 4230 -- “A Bill to amend and reenact §30-13-4 and §30-13-5 of the Code of West Virginia, 1931, as amended, relating to adding citizen members to the board of Registration For Professional Engineers; creating an emeritus status; establishing qualifications for board members; and providing for the disqualification of citizen members who become licensees”; to the Committee on Government Organization.

            By Delegate Skinner:

H. B. 4231 -- “A Bill to amend and reenact §36B-1-103, §36B-1-104, §36B-1-108, §36B-1-201, §36B-1-203, §36B-1-204, §36B-1-206 and §36B-1-207 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto four new sections, designated §36B-1-115, §36B-1-116, §36B-1-208 and §36B-1-209; to amend and reenact §36B-2-103, §36B-2-105, §36B-2-106, §36B-2-109, §36B-2-112, §36B-2-113, §36B-2-116, §36B-2-117, §36B-2-118 and §36B-2-119 of said code; to amend said code by adding thereto two new sections, designated §36B-2-123 and §36B-2-124; to amend and reenact §36B-3-101, §36B-3-102, §36B-3-103, §36B-3-105, §36B-3-106, §36B-3-108, §36B-3-109, §36B-3-110, §36B-3-111 n, §36B-3-112, §36B-3-113, §36B-3-114, §36B-3-115, §36B-3-116, §36B-3-117 and §36B-3-118 of said code; to amend said code by adding thereto five new sections, designated §36B-3-120, §36B-3-121, §36B-3-122, §36B-3-123 and §36B-3-124; and to amend and reenact §36B-4-101, §36B-4-102, §36B-4-103, §36B-4-108, §36B-4-109, §36B-4-112, §36B-4-113, §36B-4-114, §36B-4-116 and §36B-4-117 of said code, all relating to updating the Uniform Common Interest Ownership Act; and providing for applicability of the chapter”; to the Committee on the Judiciary.

            By Delegate Trecost:

H. B. 4232 -- “A Bill to amend and reenact §11-15-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-3-11, all relating to raising the consumer sales and service tax from 6¢ to 7¢ on the dollar for five years and dedicating the 1¢ increase to a newly created Priority Repairs Fund dedicated to funding repairs of existing roads throughout the state”; to the Committee on Roads and Transportation then Finance.

            By Delegate Trecost:

H. B. 4233 -- “A Bill to amend and reenact §3-2-2 of the Code of West Virginia, 1931, as amended, relating to eligibility to register to vote; and reducing the age from eighteen years to sixteen years of persons permitted to register to vote”; to the Committee on the Judiciary.

            By Delegates Hanshaw and Shott:

H. B. 4234 -- “A Bill to amend and reenact §46A-1-105 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-7-116, all relating to consumer credit and protection; empowering the Attorney General to investigate and seek injunctive relief and civil actions for conduct in violation of the Consumer Credit and Protection Act that is otherwise excluded under the act; and expressly authorizing exceptions to conduct excluded under the act”; to the Committee on the Judiciary.

            By Delegate Shott:

H. B. 4235 -- “A Bill to amend and reenact §44-3A-4, §44-3A-4a and §44-3A-32 of the Code of West Virginia, 1931, as amended, all relating to the publication requirements of the administration of estates”; to the Committee on the Judiciary.

            By Delegates Hamilton, A. Evans, Romine, Wagner and Ambler:

H. B. 4236 -- “A Bill to amend and reenact §20-1-2 of the Code of West Virginia, 1931, as amended, relating to the classification of certain species; identifying the coyote as a fur-bearing animal; identifying the woodchuck as a game animal; identifying the coyote, porcupine and all species of cervids as wild animals; and providing an exception”; to the Committee on Agriculture and Natural Resources then Government Organization.

By Delegates O'Neal, Arvon, Storch, Azinger, Butler, Hamrick, Kessinger, Rowan, P. Smith, Ferro and Longstreth:

H. B. 4237 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-8-1, §49-8-2, §49-8-3, §49-8-4 and §49-8-5, all relating to the temporary delegation of certain custodial powers by a parent or guardian; defining terms; permitting the delegation of certain custodial powers; creating a parental rights form; requiring certain background checks; mandating certain disclosures; and providing exemptions”; to the Committee on the Judiciary.

By Delegates Howell, Arvon, Blair, Phillips, Hill, Hartman, Stansbury, McGeehan, R. Smith, Hamrick and Morgan:

H. B. 4238 -- “A Bill to amend and reenact §30-13A-4 of the Code of West Virginia, 1931, as amended, relating to adding citizen members to the board of Professional Surveyors; staggering terms; providing for the disqualification of citizen members who become licensees; and providing that citizen member appointments represent different congressional districts”; to the Committee on Government Organization.

By Delegates Marcum, Phillips, O'Neal, Bates, Arvon, Gearheart, Shott, Cooper, P. White, Ellington and Moye:

H. B. 4239 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8a, relating to construction of a modern highway from Pikeville, Kentucky to Beckley, West Virginia; requiring the Commissioner of Highways to determine how the highway can be best funded and constructed; and requiring reports”; to the Committee on Roads and Transportation then Finance.

By Delegates Marcum, Phillips, Hamilton, Hicks, Rodighiero, Westfall, Sobonya, R. Smith, Storch, Summers and Byrd:

H. B. 4240 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-406a; and to amend and reenact §60A-4-409 of said code, all relating to the Uniform Controlled Substances Act; offenses and penalties; providing mandatory minimum sentences for trafficking drugs into the state and for other drug offenses; increasing period of ineligibility for parole for certain violations of possession or distribution of controlled substances and establishing applicable conditions; increasing period of ineligibility for parole for transporting certain controlled substances into the state and establishing applicable conditions; prohibiting application of alternative sentences; and increasing the penalties for transporting controlled substances into the state”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.

By Delegates Howell, Arvon, Zatezalo, Border, Phillips, Hartman, Ihle, Cadle, Moffatt, Atkinson and Morgan:

H. B. 4241 -- “A Bill to amend and reenact §30-40-6 of the Code of West Virginia, 1931, as amended, relating to adding citizen members to the Real Estate Commission; and providing for the disqualification of citizen members who become licensees”; to the Committee on Government Organization.

By Delegates Kurcaba, Butler, Wagner, Atkinson, Statler, Ellington, Azinger, Overington, Waxman, Householder and Cooper:

H. B. 4242 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-25, relating to creating income tax credits against personal income tax for educational expenses incurred by parents for a child under twenty-one years of age and for expenses incurred by teachers for the purchase of supplementary educational materials or professional development costs”; to the Committee on Education then Finance.

By Delegates Border, Ellington, Arvon, Kelly, Sobonya, Anderson, Deem and Ireland:

H. B. 4243 -- “A Bill to amend and reenact §16-2D-5c of the Code of West Virginia, 1931, as amended, relating to extending the time that certain nonprofit community groups are exempt from the moratorium on creating new nursing home beds”; to the Committee on Health and Human Resources.

Daily Calendar

Third Reading

Delegate Cowles asked unanimous consent that all bills on third reading be laid over, which request was granted, as follows:

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

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

And,

Com. Sub. for H. B. 4031, Requiring agencies to respond to public comments received during the rule-making process on third reading.

Second Reading

Delegate Cowles asked unanimous consent that all bills on second reading be laid over, which request was granted, as follows:

H. B. 2147, Requiring the circuit court , when appointing counsel for alleged protected persons,  to make appointments from a listing of all interested and qualified attorneys in the circuit,

H. B. 2584, Allowing a judge to excuse a potential juror from jury duty until a later date based on seasonal employment,

 Com. Sub. for H. B. 2588, Relating to the filing of financial statements with the Secretary of State,

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

Com. Sub. for H. B. 2800, Adding law-enforcement officers' contact information and names of family members to the list of exemptions from public records requests,

And,

 Com. Sub. for H. B. 4038, Relating to insurance requirements for the refilling of topical eye medication.

First Reading

Delegate Cowles asked unanimous consent that all bills on first reading be laid over, which request was granted, as follows:

Com. Sub. for H. B. 2130, Including law-enforcement officers among those professionals the assault or battery of which leads to enhanced criminal penalties,

And,

H. B. 4005, Repealing prevailing hourly rate of wages requirements.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Ambler, Bates, Blackwell, Blair, Boggs, Border, Byrd, Caputo, Cooper, Deem, Duke, Eldridge, Ellington, A. Evans, Ferro, Fleischauer, Foster, Guthrie, Hamilton, Hamrick, Hartman, Hicks, Hornbuckle, Householder, Ireland, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moore, Morgan, Moye, J. Nelson, Perdue, Pethtel, Reynolds, Rodighiero, Rohrbach, Shaffer, Skinner, Sobonya, Sponaugle, Storch, Weld, Westfall, P. White and Zatezalo. 

 Delegate Cowles briefly addressed the House regarding the major snowstorm that is hitting the state and noted that the House will not meet until 1:00 p.m. on Monday.         

            At 9:19 a.m., the House of Delegates adjourned until 1:00 p.m., Monday, January 25, 2016.