__________*__________
Monday, February 1, 2016
TWENTIETH 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 Friday, January 29, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Delegate Ireland, Chair of the Committee on Energy, submitted the following report, which was received:
Your Committee on Energy has had under consideration:
H. B. 2119, Intrastate Coal and Use 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. 2119) 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. 4311, Adding citizen members to the Board of Landscape Architects,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4311 -- “A Bill to amend and reenact §30-22-5 of the Code of West Virginia, 1931, as amended, relating to the Board of Landscape Architects; changing the qualifications for membership on the board; providing for continued service of qualifying board members; and providing for the disqualification of certain members who become licensees,”
And,
H. B. 4313, Adding citizen members to the Board of Architects,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4313 -- “A Bill to amend and reenact §30-12-1 and §30-12-11 of the Code of West Virginia, 1931, as amended, all relating the Board of Architects; changing the qualifications for membership on the board; providing for continued service of qualifying board members; providing for the disqualification of certain members who become licensees; and exempting certain non-practicing architects from the prohibition against using certain titles,”
With the recommendation that the committee substitutes each 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:
S. B. 1, Establishing WV Workplace Freedom Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Messages from the Senate
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. 14 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7I-1, §55-7I-2, §55-7I-3, §55-7I-4, §55-7I-5, §55-7I-6 and §55-7I-7, all relating to providing limits on successor corporation asbestos-related liabilities; setting forth legislative findings and purpose; defining terms; setting forth the applicability of article and certain exclusions; limiting liability of successor corporations in successor asbestos-related liabilities; providing applicability of limitation in the case of prior merger or consolidation with prior transferor; setting forth guidelines for establishment of fair market value of total gross assets; requiring inclusion of intangible assets in calculation of fair market value; detailing how liability insurance is to be valued; providing for adjustment of fair market value of total gross assets; discontinuing adjustment of fair market value of total gross assets once certain conditions met; excluding liability insurance from annual adjustments; directing liberal construction of act with regard to successors; and setting forth applicability of act to certain claims”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2015, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 146 - “A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended, relating to replacing days per week requirement for early childhood education programs with instructional minutes per week and instructional minutes per year requirements”; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 202 - “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Commerce; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and with various amendments recommended by the Legislature; directing various agencies to amend and promulgate certain legislative rules; authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to general hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to wild boar hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to elk restoration and management; authorizing the Division of Labor to promulgate a legislative rule relating to wage payment and collection; authorizing the Division of Labor to promulgate a legislative rule relating to the Elevator Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the licensing of elevator mechanics and technicians and registration of apprentices; authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to substance abuse screening standards and procedures; directing the Tourism Commission to amend and promulgate a Division of Tourism rule relating to the direct advertising grants program; and authorizing WorkForce West Virginia to promulgate a legislative rule relating to the West Virginia Prevailing Wage Act”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 216 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Human Rights Commission to promulgate a legislative rule relating to the Pregnant Workers’ Fairness Act”; which was referred to the Committee on the Judiciary.
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. 2 – “Urging Congress to provide funding for the West Virginia National Guard to sustain and enhance its capabilities in its role in a regional catastrophe and to modernize the antiquated avionics of its fleet of C130s and other aircraft to meet global airspace requirements for 2020.”
Whereas, In the event of a regional catastrophe, West Virginia’s east-west highways, including I-68 and I-64, are links to the major exit corridors from the FEMA National Capital Region (NCR) westward and, assuming that a regional catastrophe will likely include Baltimore to the north of the NCR and Richmond to the south of the NCR, westward evacuation utilizing these highways is highly likely and is, in fact anticipated; and
Whereas, The routes through West Virginia will traverse rural areas that do not have infrastructure adequate for what could be a mass of evacuees in the worst-case scenario; experience in regional emergencies, such as Superstorm Sandy in 2012, illustrates some shortcomings in planning that is less focused on regions and more on states; and
Whereas, West Virginia is perfectly, and geographically, postured to support any emergency or disaster response to the NCR, including mass evacuation westward; and
Whereas, FEMA regions do not necessarily represent grouping of states likely to be involved in some scenarios; FEMA Region III contains the NCR and West Virginia as its western-most edge and in a major catastrophe, Regions V, with Ohio, Indiana and Illinois, VII with Missouri, and IV with Kentucky, Tennessee, and North Carolina are likely to be involved in some combinations; and
Whereas, The National Guard, through the use of Emergency Management Assistance Compacts, can operate across state lines to provide vital response capability in security, transportation, medical, housing, communications, command and control, and others based on its dual role in military preparedness and state civil support; and
Whereas, Military Force Structure assigned to the National Guard must be considered by federal military planners for the dual use they can encounter; National Guard Organizations require personnel, equipment, organization, training, leadership and funding to maintain federal military standards and to be prepared to respond to a domestic emergency or disaster; and
Whereas, Regional catastrophic planning is dependent on National Guard assets, capabilities and responsiveness. Consequently, it is also critical that federal military planners assess the impact of their force structure changes on regional capability needs as well as those that are state specific; and
Whereas, The C-130 H3 “Hercules” aircraft assigned to the 130th Airlift Wing of the West Virginia National Guard at Yeager Airport in Charleston, West Virginia will eventually become obsolete without system modernization to the communication, navigation, and surveillance (CNS) components; National Air Traffic Control agencies and the International Civil Aviation Organization are modernizing airspace faster than the US Air Force is updating C-130 avionics capabilities; and
Whereas, Aircraft component acquisition becomes increasingly difficult as fewer C-130 H aircraft remain in the Air Force inventory and the unique components of the C-130, including its self-contained navigational system, face short term supply chain shortages that could be remedied with aircraft avionics modernization; and
Whereas, The contract to perform maintenance on aircraft flight computers is renewed annually and this perpetual reliance on short term contracts increases sustainment cost and challenges mission effectiveness and operational planning; and
Whereas, Reliance on short term contracts and antiquated avionics will increase Air Force expense in the long run as it translates to more expensive mission-essential contracts and increased fuel expenditures due to inefficient routing; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Congress to provide funding for the West Virginia National Guard to sustain and enhance its capabilities in its role in a regional catastrophe and to modernize the antiquated avionics of its fleet of C130s and other aircraft to meet global airspace requirements for 2020; and, be it
Further resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of the House of Representatives and to the members of West Virginia congressional delegation.
Resolutions
On motion for leave, a resolution was introduced, read by its title, and referred as follows:
By Delegates Marcum, Phillips, Sobonya, McCuskey, Westfall, Storch, Frich, Reynolds, Rohrbach, Shott and Householder:
H. J. R. 37 – “Proposing an amendment to the Constitution of the State of West Virginia, amending section seven, article IV thereof; and amending section three, article VI thereof, all relating to limiting the number of consecutive terms Senators and Delegates may serve; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; 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 Lane, Anderson, Blair, Hamrick, Ambler, D. Evans, Border, McCuskey, Householder, Ireland and Zatezalo:
H. B. 4013 -- “A Bill to amend and reenact §3-1-34 and §3-1-41 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §3-1-51, and to amend and reenact §17B-2-1 of said code, all relating to voting procedures; requiring a person desiring to vote to present documentation identifying the voter to one of the poll clerks; setting forth the requirements for that documentation; identifying acceptable documentation; exempting from disclosure the address of individuals in the Address Confidentiality Program; directing the Secretary of State to educate voters about the identification requirement and develop a program to help ensure that all eligible voters obtain identification; providing for casting of provisional ballot by a person without adequate proof of identification; providing certain exemptions from the requirement to present a photo identification card; modifying provisional ballot procedures; providing for issuance of identification cards at no charge; and establishing procedures for persons over a certain age and lacking certain documents to acquire photo identification cards”; to the Committee on the Judiciary.
By Delegates Lane, Sobonya, Householder, Moffatt, McGeehan, Butler, Perdue, Fleischauer and Rodighiero:
H. B. 4338 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-24, relating to the state’s Medicaid Home and Community-Based Services Intellectual/Developmental Disability Waiver; requiring the West Virginia Bureau for Medical Services to file a request with the Centers for Medicare & Medicaid Services to reinstate the terms of the state’s amended Intellectual/Developmental Disability Waiver that was approved and in place prior to July 1, 2015; and requiring the Bureau to seek legislative approval before filing a future request with the Centers for Medicare & Medicaid Services to amend or renew an Intellectual/Developmental Disability Waiver in a manner that alters the scope or nature of services provided under a current waiver”; to the Committee on Health and Human Resources then Finance.
By Delegates Cadle, Foster, Butler, Ihle, Lynch, Atkinson, R. Smith, Gearheart, Ireland, Howell and Storch:
H. B. 4339 -- “A Bill to amend and reenact §20-2-4 of the Code of West Virginia, 1931, as amended, relating to wildlife resources; the information required when electronically registering wildlife by persons who are not required to obtain license or permits; and requiring the Director of the Division of Natural Resources to propose rules that provide a means of identifying these persons other than by the use of a social security number”; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Howell, Foster, Canterbury, Summers, Waxman, Azinger, Rohrbach, Storch, Cadle, R. Smith and Perdue:
H. B. 4340 -- “A Bill to amend and reenact §30-1-5, of the Code of West Virginia, 1931, as amended; and to amend said code by adding there to a new article, designated §30-1D-1, all relating generally to boards of examination for licensure; amending licensing requirements for an act which may be called Lynette’s Law; requiring information regarding completed disciplinary actions in which discipline was ordered, to be posted on a website with public access; and requiring certain boards regulating professions to require national criminal background checks on applicants being licensed for the first time in West Virginia”; to the Committee on Government Organization.
By Delegates Howell, Gearheart, Blair, Householder, Walters, O'Neal, Summers, Waxman, Azinger, Rohrbach and Cadle:
H. B. 4341 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-1-8c, relating to the West Virginia Monument and Memorial Protection Act of 2016; prohibiting the relocation, removal, alteration, renaming, rededication, or other disturbance of any statue, monument, memorial, nameplate, or plaque which is located on public property and has been erected for, or named, or dedicated in honor of certain historical military, civil rights, and Native American events, figures, and organizations; prohibiting any person from preventing the governmental entity having responsibility for maintaining the items, structures, or areas from taking proper measures to protect, preserve, care for, repair, or restore the items, structures, or areas; and authorizing the West Virginia State Historic Preservation Office to grant waivers under certain circumstances”; to the Committee on Government Organization.
By Delegates Rohrbach, Sobonya, Bates, Ellington, Miller, Perdue, Shott, Stansbury, Waxman and B. White:
H. B. 4342 -- “A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to the purchase of scrap metal”; to the Committee on the Judiciary.
By Delegates Skinner, Storch, Hamrick, Miley, Campbell, Hamilton, Westfall, Walters, Moore, Flanigan and Shott:
H. B. 4343 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-12-1, §47-12-2, §47-12-3, §47-12-4, §47-12-5, §47-12-6 and §47-12-7, all relating to the Youth Mental Health Protection Act; legislative findings; purpose; definitions; prohibition on conversion therapy; referral services; and discipline”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Rohrbach, Stansbury, Bates, Byrd, Perdue, Waxman and B. White:
H. B. 4344 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2-17, relating to establishing local needle exchange programs; providing for administration by local public health official; declaring exemption from certain liabilities; and requiring annual reporting”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Delegates Howell, Arvon, Blair, Phillips, Hill, Hartman, Ihle, Cadle, Stansbury, R. Smith and Morgan:
H. B. 4345 -- “A Bill to repeal §5A-6A-1, §5A-6A-2, §5A-6A-3, §5A-6A-4, §5A-6A-5, §5A-6A-6, §5A-6A-7, §5A-6A-8 and §5A-6A-9 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Permitting and Licensing Information Act”; to the Committee on Government Organization then the Judiciary.
By Delegates Hamilton, A. Evans, Romine, Wagner and Guthrie:
H. B. 4346 -- “A Bill to amend and reenact §20-2-22a of the Code of West Virginia, 1931, as amended, relating to bear hunting and offenses and penalties”; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Ellington, Summers, Faircloth, Rohrbach, Sobonya, Stansbury, Storch, Upson and B. White:
H. B. 4347 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-24, relating to providing pregnant women priority to substance abuse treatment”; to the Select Committee on Prevention and Treatment of Substance Abuse then Health and Human Resources.
House Calendar
Third Reading
H. B. 4235, Relating to the publication requirements of the administration of estates; 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. 23), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Cooper.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4235) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
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, relating to notice requirements for claims against an estate; time limits on short form settlements of estates; and barring recovery for claims against an estate not presented within specified time period.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
S. B. 364, Supplemental appropriation expiring funds from General Revenue; on second reading, coming up in regular order, was read a second time.
Delegates Sponaugle, Fluharty, Ferro, Eldridge, Trecost, Manchin, Hornbuckle, Hartman, Lynch, Skinner, Shaffer, Moore, Miley, Pushkin, Fleischauer and Caputo moved to amend the bill on page two, line twenty-five, following the word “and”, by inserting the following:
“Whereas, The Public Employees Insurance Agency is facing a $120,000,000.00 shortfall for the fiscal year 2017, and the resulting increased premiums and benefit cuts must be avoided, and therefore a transfer to that Agency of $58,540,500 will prevent this while other funding sources are being identified; and ”,
And,
By amending the enacting section on page two, line nine, following the words “June 30, 2016”, by striking out the period and inserting a comma and the following:
“and these moneys shall be apportioned from the State Fund, General Revenue to the State Budget Office, Public Employees Insurance Reserve Fund, fund 7400, fiscal year 2016, organization 0703.”
Delegate Lane was addressing the House when Delegate Marcum arose to a point of order, regarding the content of the Gentleman’s remarks, to which point the Speaker asked the Gentleman from the 38th to confine his remarks to the merits of the bill.
Delegate Frich was addressing the House when Delegate Miley stated a point of order, regarding the content of the Lady’s remarks, to which point the Speaker reminded the Lady from the 51st that she had been recognized to ask questions of Delegate Sponaugle who had the floor.
During the debate, the Speaker reminded Members to confine their remarks to the amendment under consideration.
Delegates Ambler, Anderson, Arvon, Duke, A. Evans, Blackwell, Boggs, Border, Byrd, Campbell, Eldridge, Ellington, Espinosa, D. Evans, Ferro, Flanigan, Frich, Gearheart, Hamilton, Hanshaw, Householder, Ihle, Lynch, Marcum, McGeehan, Morgan, Moore, Moye, E. Nelson, J. Nelson, Perry, Rodighiero, Rowan, Shaffer, P. Smith, Stansbury, Storch, Sumner, Wagner, Walters, Waxman, Weld, and P. White requested to be excused from voting on the passage of H. B. 4189 under the provisions of House Rule 49.
The Speaker replied that any impact on the Members would be as a member of a class of persons possibly to be affected by the adoption of the amendment, and refused to excuse the Members from voting.
On the adoption of the amendment, Delegate Sponaugle demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 24), and there were--yeas 36, nays 63, absent and not voting 1, with the yeas and absent and not voting being as follows:
Yeas: Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Trecost and P. White.
Absent and Not Voting: Cooper.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.
The bill was then ordered to third reading.
H. B. 4189, Expiring funds to the unappropriated balance in State Fund, General Revenue, from the Department of Revenue; on second reading, coming up in regular order, was, on motion of Delegate Cowles, laid upon the table.
Com. Sub. for H. B. 4175, Relating generally to home schooling; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
H. B. 4243, Extending the time that certain nonprofit community groups are exempt from the moratorium on creating new nursing home beds; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegate Cooper.
Remarks by Members
It was ordered by the House that all remarks regarding Delegate Sponaugle’s amendment to S. B. 364 be printed in the Appendix to the Journal.
Delegate Ihle asked and obtained unanimous consent that the remarks of Delegate McGeehan delivered on Friday, January 29, 2016, on the repeal of Common Core, be printed in the Appendix to the Journal.
Miscellaneous Business
Delegate Marcum filed a form with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. B. 4210.
At 1:05 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 2, 2016.