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Wednesday, February 10, 2016

TWENTY-NINTH 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 Tuesday, February 9, 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 Joint Committee on Enrolled Bills, submitted the following report, which was received:

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 9th day of February, 2016, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

            (S. B. 32), Relating to withdrawal of candidates for office and filling vacancies,

            And,

            (Com. Sub. for H. B. 2101), Eliminating obsolete government entities.

            Delegate Hamilton, Chair of the Committee on Agriculture and Natural Resources submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. C. R. 12, Cheat Mountain Salamander as the state symbol of conservation,

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

            Com. Sub. for H. C. R. 12 – “Requesting the Division of Natural Resources to designate the Cheat Mountain Salamander the state symbol of conservation,”

            With the recommendation that the committee substitute be adopted, but that it first be referred to the Committee on Rules.

In accordance with the former direction of the Speaker, the resolution (Com. Sub. for H. C. R. 12) was referred to the Committee on Rules.

            Delegate Evans, Chair of the Committee on Agriculture and Natural Resources submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 4351, Transferring the Cedar Lakes Camp and Conference Center from the West Virginia Board of Education to the Department of Agriculture,

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

In accordance with the former direction of the Speaker, the bill (H. B. 4351) was referred to the Committee on Education.

            Delegate Hamilton, Chair of the Committee on Agriculture and Natural Resources submitted the following report, which was received:

            Your Committee on Agriculture and Natural Resources has had under consideration:

            H. B. 4330, Relating to make unlawful to take a fish, water animal or other aquatic organism from state waters to stock a commercial pond or lake,

            And,

            H. B. 4389, Relating to crossbow hunting,

            And reports the same back with the recommendation that it 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. 4330 and H. B. 4389) were each referred to the Committee on the Judiciary.

Delegate Overington, Chair of the Committee on Industry and Labor, submitted the following report, which was received:

Your Committee on Industry and Labor has had under consideration:

H. B. 4396, Updating the West Virginia Workforce Investment Act to the West Virginia Workforce Innovation and Opportunity 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 Government Organization.

            In accordance with the former direction of the Speaker, the bill (H. B. 4396) was referred to the Committee on Government Organization.

Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

            H. C. R. 2, U.S. Army PV2 William Frederick Kump Memorial Bridge,

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

            Com. Sub. for H. C. R. 2 – “Requesting the Division of Highways to name the bridge on County Route 4/1, Gibbons Run Road, over North River in Hampshire County, bridge number 14-4/1-2.29, (14A011), latitude 39.33852, longitude -78.50974, as the ‘U.S. Army PVT William Frederick Kump Memorial Bridge’,”

            H. C. R. 5, U.S. Army PV2 Eskridge A. Waggoner Memorial Bridge,

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

Com. Sub. for H. C. R. 5 - “Requesting the Division of Highways to name bridge number 13-64-179.36 EB and WB (13A165, 13A166) (37.79163, -80.29291), locally known as Mountain Avenue Bridge, carrying Interstate 64 over Tuckahoe Run and CR 50 in Greenbrier County, the ‘U.S. Army PVT Eskridge A. Waggoner Memorial Bridge’,”

H. C. R. 7, U.S. Army PFC Cecil Ray Ball Memorial Bridge,

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

Com. Sub. for H. C. R. 7 – “Requesting the Division of Highways to name the bridges on Interstate 64 over Kilgore Creek Road, specifically designated as bridge number(s) 06-64-28.67 EB-WB (06A157 & 06A202), latitude 38.43028, longitude -81.10442 in Cabell County, the ‘U.S. Army PFC Cecil Ray Ball Memorial Bridge’,”

And,

H. C. R. 18, U.S. Air Force Staff Sergeant William Henry “Bill” Whitman Memorial Highway,

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

Com. Sub. for H. C. R. 18 – “Requesting the Division of Highways to name a section of road on State Route 10 running through Man, Logan County from the intersection of State Route 10 and State Route 80 to the intersection of State Route 10 and County Route 16, the ‘USAF Staff Sergeant William Henry ‘Bill’ Whitman Memorial Highway’,”

With the recommendation that the committee substitutes each be adopted, but that they first be referred to the Committee on Rules.

            In accordance with the former direction of the Speaker, the resolutions (Com. Sub. for H. C. R. 2, Com. Sub. for H. C. R. 5, Com. Sub. for H. C. R. 7 and Com. Sub. for H. C. R. 18) were each referred to the Committee on Rules.

Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

            H. C. R. 10, U.S. Marine Corps GySgt Lionel Collins Memorial Road,

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

            Com. Sub. for H. C. R. 10 - “Requesting the Division of Highways to name a portion of Route 119/91 from Mud Fork Road to County Route 73 in Logan County, the ‘U.S. Marine Corps GySgt Lionel Collins Memorial Road’,”

            H. C. R. 14, Second Friday in July as West Virginia Collector Car Appreciation Day,

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

Com. Sub. for H. C. R. 14 - “Designating the second Friday in July as West Virginia Collector Car Appreciation Day,”

H. C. R. 15, U.S. Marine Corps PFC Clayton Andrew Craft Memorial Bridge,

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

Com. Sub. for H. C. R. 15 – “Requesting the Division of Highways to name bridge numbers 20-79-15.46, northbound and southbound (20A510 and 20A511), latitude 38.50136, longitude -81.41475, locally known as I-79 Wills Creek Overpass 2674 Bridges Northbound and Southbound, carrying Interstate 79 over County Route 53 and Wills Creek in Kanawha County, as the ‘U.S. Marine Corps PFC Clayton Andrew Craft Memorial Bridge’,”

H. C. R. 17, SGT Larry Joseph Whitt Bridge,

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

Com. Sub. for H. C. R. 17 – “Requesting the Division of Highways name Greenville Road Bridge, located in Logan County near the town of Man which traverses Rock House Creek, the ‘SGT Larry Joseph Whitt Bridge’,”

And,

H. C. R. 19, H. Laban White Memorial Bridge,

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

Com. Sub. for H. C. R. 19 - “Requesting the Division of Highways to name the bridge on U. S. Route 19 at mile marker 15.55 over the West Fork River in Clarksburg, Harrison County, the ‘H. Laban White Memorial Bridge’,”

With the recommendation that the committee substitutes each be adopted, but that they first be referred to the Committee on Rules.

In accordance with the former direction of the Speaker, the resolutions (Com. Sub. for H. C. R. 10, Com. Sub. for H. C. R. 14, Com. Sub. for H. C. R. 15, Com. Sub. for H. C. R. 17 and Com. Sub. for H. C. R. 19) were each referred to the Committee on Rules.

Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:

Your Committee on Roads and Transportation has had under consideration:

H. B. 4239, Relating to construction of a modern highway from Pikeville, Kentucky to Beckley, West Virginia,

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. 4239) was referred to the Committee on Finance.

Delegate Storch, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

Your Committee on Political Subdivisions has had under consideration:

H. B. 4377, Eliminating exemption from hotel occupancy taxes on rental of hotel and motel rooms for thirty or more consecutive days,

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. 4377) 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. 4352, Relating to the selling of certain state owned health care facilities by the Secretary of the Department of Health and Human Resources,

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. 4352) 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:

S. B. 123, Treatment for sexually transmitted diseases,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

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:

S. B. 261, Bringing state code relating to daylight saving time in conformity with federal code,

And reports the same back with the recommendation that it do pass.

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:

            Com. Sub. for S. B. 268, Abolishing Council of Finance and Administration,

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 (Com. Sub. for S. B. 268) was referred to the Committee on Finance.

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. 4309, Increasing criminal penalties for conviction of certain offenses of financial exploitation of an elderly person,

And reports the same back with the recommendation that it 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. 4218, Expanding the definition of “underground facility” in the One-Call System Act,

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

Com. Sub. for H. B. 4218 - AA Bill to amend and reenact §24C-1-2 of the Code of West Virginia, 1931, as amended, relating to the One-call system; revising the definition of ‘underground facility’,@

With the recommendation that the committee substitute do pass.

            Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

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

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

Com. Sub. for H. B. 2615 – “A Bill to amend and reenact §32-3-301 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §32-5-501, §32-5-502, §32-5-503, §32-5-504 and §32-5-505, all relating to creation of a new exemption to the securities registration rule with the commissioner for intrastate securities offerings under the West Virginia Small Business Capital Act,”

            H. B. 4188, Relating to the development and implementation of a program to facilitate commercial sponsorship of rest areas,

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

Com. Sub. for H. B. 4188 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-4-55, relating to the development and implementation of a program to facilitate commercial sponsorship of rest areas, welcome centers, and roads; providing for sponsorship agreements; providing for agreement requirements; providing for disposition of funds received from agreements; providing for the promulgation of emergency or legislative rules; and providing for a report of the status of the program,”

            And,

            H. B. 4228, Relating to transportation network companies,

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

Com. Sub. for 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 generally; providing definitions; establishing that transportation network companies and transportation network company drivers are not certain common carriers, contract carriers or motor carriers and do not provide taxicab or for-hire vehicle service; requirements to obtain permit from the Division of Motor Vehicles; requiring an agent for service of process; collection and disbursement of fees for permit; providing for fare collection, electronic receipts and identification of vehicles and drivers; requiring automobile liability insurance; requiring disclosures relating to insurance; allowing automobile insurers to exclude certain coverages; establishing status of drivers and relationship between drivers and transportation network companies; requiring transportation network companies to implement a policy of zero tolerance for the use of alcohol or drugs by drivers; providing requirements and conditions for being a driver; requiring vehicle inspections; prohibiting street hails; requiring transportation network companies to adopt policy relating to the prohibition of cash payments; requiring transportation network companies to adopt policy relating to nondiscrimination; requiring compliance with law; prohibiting additional charges in certain circumstances; requiring retention of customer records; providing exclusivity of provisions governing regulation of business activities of companies and drivers; prohibiting local governmental entities or special districts from imposing requirements of licensure, fee, tax, entry registration or operation; prescribing certain tax limitations and exemptions; and specifying certain other provisions of law that are not affected by provisions of article,”

            With the recommendation that the committee substitutes each do pass.

Select Committee Reports

Delegate Ellington, Chair of the Select Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:

Your Select Committee on Prevention and Treatment of Substance Abuse has had under consideration:

H. B. 4441, Prohibiting the sale of paraphernalia designed or marketed for use with controlled substances,

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. 4441) was referred to the Committee on the Judiciary.

Delegate Ellington, Chair of the Select Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:

Your Select Committee on Prevention and Treatment of Substance Abuse has had under consideration:

            H. B. 4347, Providing pregnant women priority to substance abuse treatment,

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

            In accordance with the former direction of the Speaker, the bill (H. B. 4347) was referred to the Committee on Health and Human Resources.

Delegate Ellington, Chair of the Select Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:

Your Select Committee on Prevention and Treatment of Substance Abuse has had under consideration:

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

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

Com. Sub. for H. B. 4146 - AA 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,@

With the recommendation that the committee substitute do pass.

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. 6 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6, relating to drug screening for applicants of benefits from the Temporary Assistance for Needy Families Program; requiring drug testing of applicants for whom there is reasonable suspicion of substance abuse; creating pilot program; setting forth an effective date; defining terms; providing basis for reasonable suspicion of drug use; requiring participation in substance abuse treatment, counseling and job skills program with adverse drug test; precluding assistance for refusal to take drug test; establishing administrative review of decisions to deny benefits; providing mechanism for dependent children to receive benefits if parent is deemed ineligible; setting forth prohibition from benefits for adverse drug test; requiring investigation by Child Protective Services upon adverse drug test; setting forth procedure for reapplication for benefits; authorizing rulemaking by Department of Health and Human Resources; requiring results of drug screen or drug test remain confidential; providing for criminal penalties; requiring annual report to the Legislature; setting out elements of annual report; requiring federal approval of program; requiring secretary to modify program to meet any federal objections; and allowing for exceptions”; which was referred to the Committee on Health and Human Resources then the Judiciary.

            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. 39 - “A Bill to amend and reenact §17F-1-1 and §17F-1-9 of the Code of West Virginia, 1931, as amended, all relating to regulation of all-terrain vehicles; clarifying circumstances in which all-terrain vehicles may operate and travel; and defining motorcycles as all-terrain vehicles”; which was referred to the Committee on Roads and Transportation then Government Organization.

            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. 43 - “A Bill to amend and reenact §20-2-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-3B-1 of said code, all relating to posted land; and allowing boundaries be posted with certain clearly visible paint markings”; which was referred to the Committee on Agriculture and Natural Resources then the Judiciary.

            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. 309 - “A Bill to amend and reenact §49-2-113 of the Code of West Virginia, 1931, as amended, relating to child-care center licensing requirements; and exempting county parks and recreation commissions, boards and municipalities from licensure”; which was referred to the Committee on Government Organization.

            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

            S. B. 345 - “A Bill to repeal §5A-4-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5A-10-3a, all relating to parking on state-owned or leased property; creating parking fees fund; authorizing Real Estate Division to collect parking fees; providing rule-making authority; and continuing Parking Garage Fund”; which was referred to the Committee on Government Organization then Finance.

            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

            S. B. 346 - “A Bill to amend and reenact §5A-6-2 of the Code of West Virginia, 1931, as amended, relating to information technology projects under Office of Technology; and raising minimum dollar value for information technology project to qualify as major information technology project”; which was referred to the Committee on Finance.

            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

            S. B. 349 - “A Bill to amend and reenact §11-21-9 and §11-21-71a of the Code of West Virginia, 1931, as amended, all relating to updating meaning of ‘federal adjusted gross income’ and certain other terms used in West Virginia Personal Income Tax Act; changing due dates for partnership returns; and specifying effective dates”; which was referred to the Committee on Finance.

            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

            S. B. 426 - “A Bill to amend and reenact §5B-2A-3 and §5B-2A-4 of the Code of West Virginia, 1931, as amended, all relating to continuing Office of Coalfield Community Development within Department of Commerce; allowing Secretary of the Department of Commerce to appoint a chief; and defining a term”; which was referred to the Committee on Small Business, Entrepreneurship and Economic Development and then to Government Organization.

Resolutions Introduced

            Delegates Eldridge, Marcum, Rodighiero and Phillips offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 50 – “Requesting the Division of Highways to name the portion of West Virginia Route 10 in Logan County, from latitude 37.952 and longitude -82.013, near the Chafin Bridge, to latitude 37.942 and longitude -82.016, near Godby Bottom Road, the ‘Thomas Owen Perry Sr.  Highway’.”

Whereas, Thomas Owen Perry Sr. was a Quartermaster of VFW Post 6153, a member of American Legion Post 103, Commander of DAV Post 103, a veteran of the Vietnam War and a 32nd Degree Mason; and

Whereas, It is fitting that Thomas Owen Perry Sr. be memorialized in the area where he lived; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways to name the portion of West Virginia Route 10 in Logan County, from latitude 37.952 and longitude -82.013, near the Chafin Bridge, to latitude 37.942 and longitude -82.016, near Godby Bottom Road, the “Thomas Owen Perry Sr.  Highway”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated highway containing bold and prominent letters proclaiming the designated portion of West Virginia Route 10 the “Thomas Owen Perry Sr.  Highway”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of Highways, and the family of the late Thomas Owen Perry Sr.

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

By Delegates J. Nelson, Householder, Phillips, R. Smith, Ihle, McGeehan, Folk, Faircloth and Marcum:

            H. J. R. 40 – “Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof; and amending section four, article VII thereof, all relating to limiting the terms of the office of Senators, Delegates and Governor; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary.

            And,

            By Delegates Rohrbach, Statler, B. White, Stansbury, Kurcaba, Arvon and Perdue:

            H. J. R. 41 - “Proposing an amendment to the Constitution of the State of West Virginia, relating to allowing the Legislature to authorize the issuance and sale of state bonds not exceeding the aggregate amount of one billion dollars to be used for infrastructure improvement and industrial development; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Finance then the Judiciary.

            Mr. Speaker, Mr. Armstead, offered the following resolution, which was read by its title and referred to the Committee on Rules:

            H. R. 8 – “Authorizing the Committee on Rules to arrange a Special Calendar and providing for making public the vote on certain questions in connection with the preparation thereof.”

            Resolved by the House of Delegates:

            That beginning on Friday, February 12, 2016, and for the remainder of this regular session of the Legislature, the Committee on Rules is hereby authorized to arrange a Special Calendar as provided by House Rule 70. Daily after the eighth order of business shall have been passed, the Special Calendar shall be called, and until this calendar is disposed of each day, no item of business on the regular House Calendar shall be considered or take precedence over any item of business on the Special Calendar, except by a suspension of this Rule.

            All bills or resolutions or other matters of business reported from Committee, and having no additional committee reference, shall automatically be placed by the Clerk on the Special Calendar, and no bill, resolution, or other matter of business shall be removed from the Special Calendar and placed on the regular House Calendar except by a majority vote of the Committee on Rules, a quorum being present. Once removed from the Special Calendar, any resolution, bill or other matter of business may only be again placed on the Special Calendar by a majority vote of the Committee on Rules, a quorum being present, or by a suspension of this Rule. In making up the Calendar, the Committee on Rules may hear any Delegate or other person in behalf of any resolution or bill he may desire placed upon such calendar and the committee shall give due consideration to the merits of bills and resolutions pending in the House of Delegates, and take cognizance of measures which affect the public interest generally; and, be it

            Further Resolved, That the committee shall cause to be kept a record of all roll call votes on all questions pertaining to preparation of the Special Calendar and removing the same therefrom. This record of votes shall show those voting in the affirmative or those voting in the negative, whichever shall be the smaller number, and those absent and not voting. These vote records shall be prepared and following the adjournment of each meeting made available to House members and to the public.

Petitions

Delegates A. Evans and Rowan presented a petition signed by 243 citizens urging the preservation of the Nancy Hanks Antique Cabin and Historic Memorial; which was referred to the Committee on Finance.

Delegate Howell presented a petition signed by citizens urging the preservation of the Nancy Hanks Antique Cabin and Historic Memorial; which was referred to the Committee on Finance.

Motions

            Delegate Sponaugle moved, under the provisions of House Rule 82, to discharge H. B. 4037, Prohibiting the state from requiring persons with oil or gas rights connected to deep oil or gas wells to involuntarily integrate their interests, from the Committee on Energy.

            Delegate Cowles moved that the previous motion be tabled.

On this motion, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 54), and there were--yeas 56, nays 41, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Bates, Boggs, Butler, Byrd, Campbell, Caputo, Deem, Eldridge, D. Evans, Faircloth, Ferro, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hartman, Hicks, Hornbuckle, Ihle, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost and P. White.

Absent and Not Voting: Blackwell, J. Nelson and Shaffer.

            So, a majority of the members present and voting having voted in the affirmative, the motion prevailed.

Bills Introduced

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

            By Delegates Westfall, Hamrick, Frich, B. White and Hartman:

H. B. 4473 - “A Bill to amend and reenact §36-8-2 of the Code of West Virginia, 1931, as amended, relating to clarifying that when the presumption of abandonment arises with respect to a life insurance policy or annuity payable upon proof of death; clarifying that the obligation to pay does not arise until after a claim is made with the insurer and due proof of death is received by the insurer; clarifying that the proceeds of a life or endowment insurance policy or annuity are presumed abandoned three years after the date of an insured’s death; and providing for retroactivity”; to the Committee on Banking and Insurance then the Judiciary.

            By Delegates McGeehan, Weld, Zatezalo and Storch:

H. B. 4474 - “A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as amended, relating to continuing personal income tax adjustment to gross income of certain retirees receiving pensions from defined pension plans that terminated and are being paid a reduced maximum benefit guarantee”; to the Committee on Pensions and Retirement then Finance.

            By Delegate Deem:

H. B. 4475 - “A Bill to amend and reenact §16-2D-4 of the Code of West Virginia, 1931, as amended, relating to removing the certificate of need exemption for an ambulatory health care facility located in the same zip code as certain hospitals”; to the Committee on Health and Human Resources.

            By Delegates Foster, Overington, R. Smith, McGeehan, Folk, Waxman, Faircloth, Blair and McCuskey:

H. B. 4476 - “A Bill to repeal §21-11-1, §21-11-2, §21-11-3, §21-11-4, §21-11-5, §21-11-6, §21-11-7, §21-11-8, §21-11-9, §21-11-10, §21-11-10a, §21-11-11, §21-11-12, §21-11-13, §21-11-14, §21-11-15, §21-11-16, §21-11-17, §21-11-18 and §21-11-20 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30-41-6, §30-41-7, §30-41-8, §30-41-9, §30-41-10, §30-41-11, §30-41-12, §30-41-13, §30-41-14, §30-41-15, §30-41-16, §30-41-17, §30-41-18, §30-41-19 and §30-41-20, all relating to transferring the West Virginia Contractor Act from administration and regulation by the Division of Labor to regulation under the provisions of professions and occupations in chapter thirty of this code; providing a short title and declaration of policy with definitions; continuing the West Virginia Contractor Licensing Board, composition, terms, qualifications and appointment; administrative duties of board and legislative rules; necessity for contractor license and exemptions;  procedure for licensing; providing for expiration date, fees and renewal of license; providing for revocation for unlawful use, assignment or transfer of license; prerequisites to obtaining building permit and mandatory written contracts; requiring informational list for basic universal design features; providing injunction and criminal penalties for violation of article; specific administrative duties of board and record keeping by the board; authorizing to grant reciprocity and to provide training to students who desire to obtain a West Virginia contractor license; and misdemeanor criminal penalties for violations of article”;  to the Committee on Industry and Labor then Government Organization.

            By Delegates Reynolds, McGeehan, Shaffer and Folk:

H. B. 4477 - “A Bill to amend and reenact §3‑1‑8 of the Code of West Virginia, 1931, as amended, relating to recognition of a group as a political party; expanding the definition of political party to include an affiliation of voters who polled at least one percent of the vote for certain federal and state offices in the preceding election or has a certain number of registered voters”; to the Committee on the Judiciary.

            By Delegate McGeehan:

H. B. 4478 - “A Bill to amend and reenact §17C-4-1 of the Code of West Virginia, 1931, as amended, relating to crashes involving death or personal injuries; creating crime of knowingly leaving scene of a crash resulting in serious bodily injury; establishing presumption of knowledge based upon crash conditions; and providing criminal penalties”; to the Committee on the Judiciary.

            By Delegates Perdue, Rodighiero, Hicks, Phillips, J. Nelson, Marcum, Westfall, Moye, Morgan and Wagner:

H. B. 4479 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-14D-11a, relating to adding an annual annuity adjustment of one percent for eligible retirants or surviving spouses”; to the Committee on Pensions and Retirement then Finance.

            By Delegates Walters, Perdue, J. Nelson, Rohrbach, Stansbury, Phillips, Bates, Ellington, Hanshaw, Frich and Campbell:

H. B. 4480 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-51-1, §16-51-2 and §16-51-3, all relating to enacting the Addiction Treatment Act of 2016; and placing limitations on prescribing products containing buprenorphine, whether with or without naloxone”; to the Select Committee on Prevention and Treatment of Substance Abuse then Health and Human Resources.

            By Delegates Folk, Faircloth, McGeehan, Householder, Blair and Duke:

H. B. 4481 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3pp, relating to requiring a county to obtain express authorization from the Legislature in the form of a concurrent resolution before submitting an application for an MS-4 permit to the United States Environmental Protection Agency and providing that a county may not be required to comply with terms of an MS-4 permit unless the state or federal government pays for the cost of compliance”; to the Committee on the Judiciary.

            By Delegates Westfall, Wagner, Cooper, Ambler, D. Evans, Perry and Moye:

H. B. 4482 - “A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to restricting that excused absences for personal illness, when involving “family members” of a student, as is currently prescribed in current code, are restricted to parents’ or guardians’ illnesses; providing the parent or guardian must provide a statement from a medical, osteopathic or chiropractic physician, or physician’s assistant, confirming the existence of the illness or injury that is the purported basis for a student’s excused absence; providing an application for home schooling may be denied by the county superintendent of schools if the student for whom the request is made has three or more unexcused absences during the school year at the time the application is made; and providing parents denied an application for home schooling may reapply during the next grading period following the denial”; to the Committee on Education.

            By Delegates Ihle, Storch, Butler, Gearheart, McGeehan, Sobonya, Householder, Overington, McCuskey, Cadle and Summers:

H. B. 4483 - “A Bill to amend and reenact §8-13-23 of the Code of West Virginia, 1931, as amended, relating to enacting the City Financial Transparency Act; requiring municipal financial statements to include all municipal expenditures; and allowing the municipality’s financial statement to be posted on the municipality’s website in lieu of publishing it as a Class I legal advertisement”; to the Committee on Political Subdivisions then the Judiciary.

            By Delegates Ihle, Storch, Butler, Gearheart, McGeehan, Sobonya, Householder, Overington, McCuskey, Cadle and Summers:

H. B. 4484 - “A Bill to amend and reenact §7-5-16 of the Code of West Virginia, 1931, as amended, relating to enacting the County Financial Transparency Act; requiring county financial statements to include all county expenditures; and allowing the county’s financial statement to be posted on the county’s website in lieu of publishing it as a Class I legal advertisement”;  to the Committee on Political Subdivisions then the Judiciary.

            By Delegate Rowan:

H. B. 4485 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-20-11, relating to providing for the “Deaf Children’s Bill of Rights Act”;  directing the public schools of this state to take certain initiatives in support of superior educational prospects and opportunities for deaf children; requiring appropriate screening and assessment of deaf children; requiring early intervention in detecting and addressing deaf children’s needs; requiring schools to inform parents and guardians of policies related to placement considerations and providing them opportunities to participate in programs designed to assist their children; requiring schools to strive to provide deaf adult role models for deaf children; requiring schools to provide opportunities for deaf children to meet and associate with their school peers; requiring schools to provide qualified individuals to assist deaf children to develop communication skills; requiring schools to include individualized plans to assist each deaf child; requiring schools to provide the best suited placement for deaf children; requiring schools to provide free and appropriate education across a full spectrum of educational programs for deaf children; requiring the State Board of Education to work with county boards of education to ensure appropriate technical assistance is provided to deaf students; providing schools, where possible, have deaf adults directly involved in determining appropriate program content designed to educate deaf children; requiring all governing school authorities to comply with the requirements of the new section as well as with all applicable state and federal laws; and providing this section does create any new causes of action”; to the Committee on Education then Finance.

            By Delegate Miley

            [By Request of the Executive]:

H. B. 4486 - “A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15-9i of said code, all relating to the termination of the behavioral health severance and business privilege tax; specifying the effective date of the termination; establishing the method of payment of outstanding refund claims; generating a replacement revenue stream by changing the durable medical goods sales tax exemption to home users only; specifying the effective date of this amendment; providing the method to claim this exemption; and providing definitions for clarification”; to the Committee on Health and Human Resources then Finance.

House Calendar

Third Reading

            Com. Sub. for H. B. 2444, Providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals; 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. 55), 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: Blackwell and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2444) passed.

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

Second Reading

            Com. Sub. for H. B. 4012, West Virginia Religious Freedom Restoration Act; on second reading, coming up in regular order, was read a second time.

            Delegates Skinner and Pushkin moved to amend the bill on page two, section four, line eighteen, following the period, by inserting a new subsection (d), to read as follows:

“(d) Nothing in this article prohibits any government entity from prohibiting any person providing services to the general public, to refuse to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service.”

Delegate Cowles arose to a point of order as to the germaneness of the amendment.

To the point of order the Speaker replied, stating that the amendment was not consistent with the fundamental purpose of the bill and therefore ruled the amendment not germane.

Delegate Skinner arose to challenge the ruling of the Chair, which was sustained by more than the requisite number of members.

Speaker Pro Tempore Anderson in the Chair

During the debate, Delegate Fleischauer was addressing the House when Delegate Lane arose to a point of order, regarding the content of the Gentlelady’s remarks, to which point the Speaker Pro Tempore asked the Gentlelady from the 51st to confine her remarks to the question before the House.

The question before the House being, “Shall the decision of the Chair be and remain the decision of the House?”.

On this question, the yeas and nays were taken (Roll No. 56), and there were--yeas 74, nays 24, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hornbuckle, Longstreth, Lynch, Manchin, Miley, Moore, Morgan, Perdue, Perry, Pushkin, Reynolds, Rodighiero, Rowe, Skinner and Sponaugle.

            Absent and Not Voting: Blackwell and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the decision of the Chair was sustained.

Mr. Speaker, Mr. Armstead, in the Chair

            Delegates Sponaugle and Pushkin moved to amend the bill on page two, section four, line fifteen, by striking out the words “and local”.

            Delegate Byrd moved to indefinitely postpone consideration of the bill, citing House Rule 57.

            The Speaker ruled the motion out of order stating that the motion to indefinitely postpone consideration of the bill was not permissible at the present time but would be timely on third reading.

            Delegate Byrd then moved to postpone indefinitely consideration of the amendment offered by Delegates Sponaugle and Puskin.

            Delegate Byrd then asked and obtained unanimous consent to withdraw his motion.

Delegate Campbell was addressing the House when Delegate Shott arose to a point of order, regarding the content of the Gentlelady’s remarks, to which point the Speaker stated point well taken and asked the Gentlelady from the 43rd to confine her remarks to the merits of the amendment.

Delegate Fleischauer was addressing the House when Delegate Espinosa arose to a point of order, regarding the content of the Gentlelady’s remarks, to which point the Speaker stated point well taken and asked the Gentlelady from the 51st to confine her remarks to the merits of the amendment.

            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. 57), and there were--yeas 22, nays 75, absent and not voting 3, with the yeas and absent and not voting being as follows:

            Yeas: Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hartman, Hornbuckle, Longstreth, Manchin, Miley, Moore, Morgan, Perdue, Pethtel, Pushkin, Reynolds, Rowe, Skinner and Sponaugle.

            Absent and Not Voting: Blackwell, Kelly and J. Nelson.

            So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

            Delegate Pushkin moved to amend the bill on page two, section four, line eighteen, following the period, by inserting a new subsection (d), to read as follows:

            “(d) Notwithstanding any provision of this article to the contrary, a local law may be enacted by any political subdivision of this state to require that any person providing any public service or accommodation that refuses to provide that service or accommodation to any member of the public based on him or her exercising his or her religious beliefs, that requires that person post a sign of sufficient size and location visible to the public at the location where the service or accommodation is being provided, to notify members of the public that he or she will be refused service or accommodation based on the religious beliefs of the person providing that service or accommodation:  Provided, That any penalty established for failure to pose such sign shall not exceed $200.00 for each violation.”

Delegate Cowles arose to a point of order as to the germaneness of the amendment.

To the point of order the Speaker replied, stating that the amendment was not consistent with the fundamental purpose of the bill and therefore ruled the amendment not germane.

On motion of Delegate Shott the bill was amended on page two, section four, line nine, immediately following the word “obtain”, by striking out the reminder of the sentence and inserting in lieu thereof “relief against the state or its political subdivisions: Provided, That such relief is limited to injunctive or declaratory relief and reimbursement of costs and reasonable attorney fees.”

            There being no further amendments, the bill was then ordered to engrossment and third reading.

            H. B. 4148, Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            Com. Sub. for H. B. 4158, Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia – Workforce Investment Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4161, Relating to levies on classifications of property by the Board of Public Works; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4362, Establishing a felony offense of strangulation; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, section nine-d, line six, following the words “another person”, by inserting the words “without consent”.

            The bill was then ordered to engrossment and third reading.

First Reading

            H. B. 4147, 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; 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, leaves of absence for the day were granted Delegates Blackwell and J. Nelson.

Remarks of Members

            Delegate Marcum asked and obtained unanimous consent that the remarks of Delegate R. Phillips regarding the recent United States Supreme Court of Appeal’s ruling regarding EPA regulations be printed in the Appendix to the Journal.

            Delegate R. Smith asked and obtained unanimous consent that the remarks of Delegate Marcum regarding the decline of the coal industry and the recent ruling of the U. S. Supreme Court be printed in the Appendix to the Journal.

            Delegate Manchin asked and obtained unanimous consent that all remarks regarding Com. Sub. for H. B. 4012 be printed in the Appendix to the Journal.

            Delegate Rowe asked and obtained unanimous consent that the remarks of Delegate Deem regarding West Virginia native Suzy Whaley making history as first women elected President of the PGA be printed in the Appendix to the Journal.

            Delegate R. Phillips asked and obtained unanimous consent that the remarks of Delegate R. Smith regarding coal be printed in the Appendix to the Journal.

            Delegate McGeehan asked and obtained unanimous consent that the remarks of Delegate  Sponaugle regarding his motion to discharge H. B. 4037 from committee  be printed in the Appendix to the Journal.

            Delegate Miller asked and obtained unanimous consent that the remarks of Delegate Sobonya regarding bipartisanship be printed in the Appendix to the Journal.

            Delegate Frich asked and obtained unanimous consent that the remarks of Delegate Duke regarding the impact of the decline of coal on the entire state be printed in the Appendix to the Journal.

            Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate McGeehan regarding forced pooling be printed in the Appendix to the Journal.

            Delegate Shaffer was recognized and stated that he voted “Nay” on Roll No. 54, but that his vote did not register.

Miscellaneous Business

            Delegate Kurcaba filed forms with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. B. 4352 and H. B. 4037.

            Delegate Byrd filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 4450.

            Delegate Folk filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2222.

            Delegate Frich filed forms with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2615 and H. B. 4347.

            Delegate McCuskey filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 4450.

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

            Delegate Weld filed a form with the Clerk's Office per House Rule 94b to be added as the lead sponsor of H. B. 4450.

At 1:55 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 11, 2016.