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Tuesday, February 16, 2016

THIRTY-FIFTH DAY

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

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Monday, February 15, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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. 4321, Relating to tax credits for apprenticeship training in construction trades,

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. 4321) was referred to the Committee on Finance.

Delegate Espinosa, Chair of the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

H. B.  4465, Relating to salary equity among school systems,

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. 4465) was referred to the Committee on Finance.

Delegate Espinosa, Chair of the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration:

Com. Sub. for S. B. 146, Establishing instruction standards for early childhood education,

And,

Com. Sub. for S. B.  369, Reducing legislative education reporting requirements,

And reports the same back, with amendment, with the recommendation that they each 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:

H. B. 4359, Requiring the issuance of a photo identification to persons employed as a security guard by a security guard firm,

And,

Com. Sub. for S. B. 309, Relating to child-care center licensing and exempting county parks and recreation from licensure,

And reports the same back with the recommendation that they each 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. 4150, Making a supplementary appropriation to the Department of Health and Human Resources,

H. B. 4151, Making a supplementary appropriation to the Department of Education,

            And,

H. B. 4159, Making a supplementary appropriation to the Public Services Commission – Motor Carrier Division,

And reports the same back with the recommendation that they each 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. 2474, Relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind,

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

Com. Sub. for H. B. 2474 – “A Bill to amend and reenact §18‑17‑1 of the Code of West Virginia, 1931, as amended, relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind; updating reference to minimum salaries in effect for personnel at facilities under jurisdiction of the State Board of Education; and authorizing board to establish salary schedules or compensation in excess of the minimums for certain teachers at the West Virginia Schools for the Deaf and the Blind,”

            And,

H. B. 2852, Relating to legalizing and regulating the sale and use of fireworks,

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

Com. Sub. for H. B. 2852 – “A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating the regulation of fireworks generally; authorizing sale of consumer fireworks; defining consumer fireworks; establishing regulatory framework for sale of fireworks; defining terms; requiring certificate; establishing fees; requiring permits; dedicating certain fees to Veterans Facilities Support Fund, Fire Protection Fund and the State Road Fund; establishing rule-making authority; creating criminal penalties related to the sale, manufacturing, importing or storage of fireworks; defining terms; authorizing exemptions; requiring reporting; and establishing internal effective dates for certain provisions,”

            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:

H. B. 4013, Requiring a person desiring to vote to present documentation identifying the voter,

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

Com. Sub. for 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; providing alternative procedures for casting a ballot where acceptable identification is lacking; 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 driver’s licenses and photo identification cards,”

With the recommendation that the committee substitute do pass.

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

Your Committee on the Judiciary has had under consideration:

H. B. 4213, Uniform Deployed Parents Custody and Visitation Act,

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

Com. Sub. for H. B. 4213 – “A Bill to repeal §48-1-233.3 of the Code of West Virginia, 1931, as amended, and to repeal §48-1-233.4 of said code, and to repeal §48-9-404 of said code, and to amend said code by adding thereto a new article, designated §48-31-101, §48-31-102, §48-31-103, §48-31-104, §48-31-105, §48-31-106, §48-31-107, §48-31-201, §48-31-202, §48-31-203, §48-31-204, §48-31-205, §48-31-301, §48-31-302, §48-31-303, §48-31-304, §48-31-305, §48-31-306, §48-31-307, §48-31-308, §48-31-309, §48-31-310, §48-31-311, §48-31-401, §48-31-402, §48-31-403, §48-31-404, §48-31-501, §48-31-502 and §48-31-503, all relating to adoption of the ‘Uniform Deployed Parents Custody and Visitation Act’; defining terms; providing for enforcement through assessment of attorney fees and costs; establishing procedures to determine matters of child custody and visitation when parents are deployed in military or other national service; requiring notices from deployed parent; providing for out-of-court agreements and establishing minimum requirements therefor; prohibiting consideration of past or future deployments in determining the best interest of the child; authorizing orders for payment of child support during deployment; providing for modification and termination of orders and agreements; and giving guidance for interpretation and construction in conjunction with other laws and orders,”

With the recommendation that the committee substitute do pass.

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

Your Committee on the Judiciary has had under consideration:

H. B. 4053, Department of Environmental Protection, Air Quality, rule relating to the control of annual nitrogen oxide emissions,

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

Com. Sub. for H. B. 4053 – “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; 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 the Department of Environmental Protection to promulgate a legislative rule relating to the control of annual nitrogen oxide emissions, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from combustion of solid waste, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of ozone season nitrogen oxides emissions, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to control of annual sulfur dioxide emissions, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to administrative proceedings and civil penalty assessment, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to above ground storage tank fee assessments, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to above ground storage tank administrative proceedings and civil penalty assessment, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to above ground storage tanks, authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards, and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to horizontal well development,”

With the recommendation that the committee substitute do pass.

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

Your Committee on the Judiciary has had under consideration:

H. B. 4499, Relating to certain persons who have been disqualified or excused from jury service,

            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. 4261, Prohibiting the sale or transfer of student data to vendors and other profit making entities,

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

Com. Sub. for H. B. 4261 – “A Bill to amend and reenact §18-2-5h of the Code of West Virginia, 1931, as amended, relating to student data; prohibiting the department from transferring confidential student information to federal, state or local agencies or other persons or entities; providing for  exceptions; authorizing student or redacted data to be provided as part of a contract with a vendor; and adding a new exception providing for the sharing of certain information in the event that the ACT or SAT tests are adopted for use as the state summative assessment,”

With the recommendation that the committee substitute do pass.

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

Your Committee on the Judiciary has had under consideration:

 Com. Sub. for S. B. 150, Authorizing Department of Transportation promulgate legislative rules,

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

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. 4520, Clarifying that certain hospitals have only one governing body whose meetings shall be open to the public,

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

Com. Sub. for H. B. 4520 - AA Bill to amend  the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-3d, relating to imposing the consumers sales and service tax and use tax on sales of telecommunications service and ancillary services,@

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 that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

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.

            The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

            Senators Ashley, Karnes and Woelfel.

            On motion of Delegate Cowles, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates Lane, Hanshaw and Shaffer.

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

            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. 299 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §10-1-23, relating to establishing Library Facilities Improvement Fund that will serve to support library facilities construction, maintenance and improvement projects; setting forth general structure of fund and distribution of funds; and providing for rulemaking”; which was referred to the Committee on Education 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. 328 - “A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new section, designated §9A-1-11b; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12, §29-3E-13 and §29-3E-14; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to the regulation of fireworks generally; relocating certain existing provisions relating to sparkling devices, novelties and toy guns including penalties for certain violations, in a new article; raising funds for veterans’ facilities and volunteer fire departments; creating West Virginia Veterans Program Fund; authorizing sale of consumer fireworks on and after June 1, 2016; defining ‘consumer fireworks’; establishing regulatory framework for sale of fireworks; defining terms; requiring certificate; establishing fees; requiring permit; dedicating certain fees to Veterans Program Fund and Fire Protection Fund; establishing rule-making authority; creating criminal violations related to fireworks; penalties; enforcement; defining terms; exemptions; reporting requirements; and establishing internal effective dates for certain provisions”; which was referred to the Committee on Veterans’ Affairs and Homeland Security 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. 403 - “A Bill to amend and reenact §19-8-1 of the Code of West Virginia, 1931, as amended, relating to cooperative extension workers”; which was referred to the Committee on Agriculture and Natural Resources 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

            S. B. 404 - “A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §16-3C-2a and §16‑3C‑2b; and to amend and reenact §16-4-19 of said code, all relating to testing for HIV and sexually transmitted diseases; authorizing billing of persons for HIV and sexually transmitted disease testing or sexually transmitted disease treatment done by state or local public health agencies; informing persons who wish to opt-out of HIV-related testing that anonymous testing is available; authorizing magistrate and circuit courts to order testing of persons accused of certain sex crimes; requiring prosecuting attorneys to file motion for testing upon request of victim or victim’s parent or guardian; establishing a timeframe for mandatory testing; providing for follow-up HIV-related testing as medically appropriate; providing that costs associated with testing may be borne by the state when the defendant or juvenile respondent is financially unable to pay; authorizing billing of a defendant’s or juvenile respondent’s health insurance provider; requiring testing of juveniles adjudicated of certain sex crimes; removing counseling requirement; removing exemption for providers regulated by Insurance Commissioner; removing limitation on amount that can be charged for medication used to treat sexually transmitted diseases; and removing archaic language related to testing of sexually transmitted diseases”; which was referred to the Committee on Health and Human Resources 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. 459 - “A Bill to amend and reenact §18-2-6 of the Code of West Virginia, 1931, as amended, relating to requiring promulgation of a rule to provide for payment of tuition by county boards of education to Mountaineer Challenge Academy for students graduating with a high school diploma from Mountaineer Challenge Academy”; which was referred to the Committee on Education then Finance.

            A message from the Senate, by

            The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2016, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 483 - “A Bill to amend and reenact §18-5A-3a of the Code of West Virginia, 1931, as amended, relating to granting a local school improvement council waiver for the purpose of increasing compulsory school attendance age in Marshall County”; 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 and requested the concurrence of the House of Delegates in the passage, of

            Com. Sub. for S. B. 517 - “A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as amended, relating to Public Employees Insurance Agency; clarifying that plans established and administered by Public Employees Insurance Agency are exempt from regulation by Insurance Commissioner unless specifically stated otherwise; and providing that Public Employees Insurance Agency is not an insurer or in the business of insurance”; which was referred to the Committee on Banking and Insurance 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

            Com. Sub. for S. B. 524 - “A Bill to amend and reenact §30-27-1, §30-27-3, §30-27-4, §30-27-5, §30-27-8, §30-27-8a, §30-27-9, §30-27-10, §30-27-11, §30-27-12, §30-27-13, §30-27-14, §30-27-16, §30-27-17, §30-27-18 and §30-27-19 of the Code of West Virginia, 1931, as amended; and to  amend said code by adding thereto a new section, designated §30-27-8b, all relating to the Board of Barbers and Cosmetologists; providing jurisdiction to the board over hairstyling, makeup, waxing and shampoo assisting; amending definitions and providing for required clock hours of training; licensing of schools or programs by the Department of Education; composition of the board; requiring examinations meet national standards; requiring licensed schools have one chair per student; on-site and temporary services; barber apprentice program; requirements to sponsor a barber apprentice; providing for certification; certification of waxing specialists and makeup artists; reciprocity standards; continuing education requirements; instructor certification; and eliminating biennial license renewal”; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

            S. B. 558 - “A Bill to amend and reenact §21A-8-10 and §21A-8-16 of the Code of West Virginia, 1931, as amended, all relating to maintaining the solvency of the Unemployment Compensation Fund; providing a mechanism for the Governor to borrow funds from the Revenue Shortfall Reserve Fund for a limited period and deposit those funds into the Unemployment Compensation Fund if the balance of the Unemployment Compensation Fund drops below $50 million; providing that borrowed funds may only be used to pay benefits; providing that no amount borrowed may exceed $50 million; and providing for repayment of borrowed amounts”; which was referred to the Committee on Finance.

Resolutions Introduced

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

H. C. R. 67 – “Requesting the Division of Highways to name the bridge on Route 119/5, Mile 4.05, Bridge Number 23-119/5-4.05 (23A-259) (37.75856, -82.04788), locally known as Right Fork Pine Creek Box Beam carrying CR 119/5 over Right Fork of Pine Creek in Logan County, the ‘Balentine Brothers Memorial  Bridge’."

Whereas, Paul H. Balentine was born on March 22, 1943, in Omar, Logan County, West Virginia; Phillip D. Balentine was born on January 19, 1945, in Omar, Logan County, West Virginia, the sons of Paul Balentine and Georgia Perry Balentine.  They were educated in Logan County schools; and

Whereas, Paul H.  Balentine served honorably in the United States Navy, ending his active service in 1965 while serving on the USS Wood CTY lST1178, while his brother, Phillip D.  Balentine served honorably in the United States Marine Corps in Vietnam and ended his active service in 1968; and

Whereas, Naming that bridge on Route 119/5, Mile 4.05, bridge number 23-119/5-4.05 (23A-259) (37.75856, -82.04788), locally known as Right Fork Pine Creek Box Beam in Logan County, the “Balentine Brothers Memorial Bridge” is an appropriate recognition of their contributions to their country, state, community and Logan County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the bridge on Route 119/5, Mile 4.05, Bridge Number 23-119/5-4.05 (23A-259) (37.75856, -82.04788), locally known as Right Fork Pine Creek Box Beam carrying CR 119/5 over Right Fork of Pine Creek in Logan County, the “Balentine Brothers Memorial  Bridge”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Balentine Brothers Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and Paul H. Balentine, his brother Phillip D. Balentine and their families.

            Delegates Ambler, Anderson, Arvon, Atkinson, Azinger, Bates, Blair, Boggs, Border, Butler, Byrd, Cadle, Campbell, Canterbury, Caputo, Cooper, Cowles, Deem, Duke, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Ferro, Fluharty, Folk, Foster, Frich, Gearheart, Hamilton, Hamrick, Hanshaw, Hartman, Hicks, Hill, Householder, Howell, Ihle, Ireland, Kelly, Kessinger, Kurcaba, Lane, Longstreth, Lynch, Manchin, Marcum, McCuskey, McGeehan, Miley, Miller, Moffatt, Moore, Morgan, Moye, Mr. Speaker, (Mr. Armstead), E. Nelson, J. Nelson, O'Neal, Overington, Perdue, Perry, Pethtel, Phillips, Rodighiero, Rohrbach, Romine, Rowan, Rowe, Shaffer, Skinner, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Storch, Summers, Trecost, Upson, Wagner, Walters, Waxman, Weld, Westfall, B. White, P. White and Zatezalo offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. C. R. 68 – “Urging the United States Environmental Protection Agency not to prohibit conversion of vehicles to race cars.”

Whereas, The United States Environmental Protection Agency has proposed a regulation to prohibit conversion of vehicles originally designed for on-road use into racecars; and

Whereas, The regulation would also make the sale of certain products for use on such vehicles illegal. The proposed regulation was contained within a nonrelated proposed regulation entitled “Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-and Heavy-Duty Engines and Vehicles—Phase 2”; and

Whereas, The regulation would impact all vehicle types, including the sports cars, sedans and hatch-backs commonly converted strictly for use at the track. While the Clean Air Act prohibits certain modifications to motor vehicles, it is clear that vehicles built or modified for racing, and not used on the streets, are not the “motor vehicles” that Congress intended to regulate; and

Whereas, “This proposed regulation represents overreaching by the agency, runs contrary to the law and defies decades of racing activity where EPA has acknowledged and allowed conversion of vehicles,” said Specialty Equipment Market Association (SEMA) President and CEO Chris Kersting. “Congress did not intend the original Clean Air Act to extend to vehicles modified for racing and has reenforced that intent on more than one occasion”; and

Whereas, SEMA submitted comments in opposition to the regulation and met with the United States Environmental Protection Agency to confirm the agency’s intentions. The United States Environmental Protection Agency indicated that the regulation would prohibit conversion of vehicles into racecars and make the sale of certain emissions-related parts for use on converted vehicles illegal. This would certainly be detrimental to the economy; therefore, be it

Resolved by the Legislature of West Virginia:

That the State of West Virginia hereby respectfully urges the Environmental Protection Agency not to prohibit conversion of vehicles to race cars; and, be it

Further Resolved, That the State of West Virginia respectfully urges the Environmental Protection Agency not to issue its final regulations until the legislatures of the states have submitted comments; and, be it

Further Resolved, That the State of West Virginia forward official copies of the resolution to the President of the United States, to the President of the Senate and Speaker of the House of Representatives of the United States Congress and West Virginia’s representatives in Congress.

            Delegates Eldridge 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. 69 – “Requesting that bridge number 23-14-0.05 (23A368) at latitude 37.80975 and longitude -81.93394, locally known as Rum Creek Connector over Guyandotte River, carrying County Route 14 over Guyandotte River and CSX RR in Logan County, be named the ‘Betty Jo Delong Memorial Bridge’.”

Whereas, Betty Jo Chambers Delong, the daughter of coal miner Harry Chambers and postmaster Geraldine Lowe Chambers, attended Dehue-Chambers Grade School, in Dehue, Logan County, West Virginia; and

Whereas, Betty Jo Chambers was a Golden Horseshoe winner and graduated from Logan High School in Logan County; and

Whereas, Miss Chambers married Don Thomas Delong from Lyburn, West Virginia, and the couple had two children, Donnetta Rainwater, a teacher at Logan Middle School, and Donald Rex Delong, owner of Eastern Petroleum; and

Whereas, Betty Jo Delong grew up with brothers and sisters Donna Lou Hipshire, Dorothy Young, Grover Chambers, Thelma Willis Eplin, Harry Chambers, Gerri Ball, Cora Tooley and Alice Price; and

Whereas, Betty Jo Delong was proud of the Chambers family’s long association with the Rum Creek area; and

Whereas, At one time the Chambers family owned property reaching from Rum Creek to Lowe’s Mountain; and

Whereas, Betty Jo Delong worked at several jobs in Logan County but later in her career was employed at the Logan County Court House, where she worked in the record room and was in charge of the deed books; and

Whereas, Betty Jo Delong is still remembered for updating the county’s system of obtaining deeds and land proposals; and

Whereas, Betty Jo Delong worked tirelessly to help members of her community, especially the elderly; and

Whereas, Betty Jo Delong assisted with the visit to Logan County of John F. Kennedy when he was a presidential candidate; and

Whereas, Betty Jo Delong died of cancer at the age of forty-two; and

Whereas, At the time of her death, all offices of the courthouse were closed out of respect for Betty Jo Delong’s service to the many people of Logan County; and

Whereas, It is fitting that an enduring memorial be established in the name of Betty Jo Delong in an area where she and her family have for so long been a part of the fabric of the community; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 23-14-0.05 (23A368) at latitude 37.80975 and longitude -81.93394, locally known as Rum Creek Connector over Guyandotte River,  carrying County Route 14 over Guyandotte River and CSX RR in Logan County,  the “Betty Jo Delong Memorial Bridge”;  and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Betty Jo Delong Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways.

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

H. C. R. 70 – “Requesting the Division of Highways to name bridge number 23-12-0.05 (23A057) (37.87210, -81.98544), locally known as the .Peach Creek Bridge’, carrying CR-12 over Guyandotte River in Logan county, the ‘U.S. Air Force Staff Sgt Bethel Howard McNeely and U.S. Marine Staff Sgt Clyde Elmo Bryant Bridge’.”

Whereas, Staff Sergeant Bethel Howard McNeely was born on January 1, 1922, at Peach Creek, West Virginia, the son of Manny and Mary McNeely of Peach Creek; and 

Whereas, Staff Sergeant Bethel Howard McNeely was raised in Logan County and enlisted in the Air Force in September of 1942.  He served with the 94th Bomb Group 333rd Bomb Squadron from September of 1942 until October of 1945, as a Tail Gunner on a B-17 Flying Fortress; and 

Whereas, During this time, Staff Sergeant Bethel Howard McNeely flew on twenty-six missions into Germany and enemy-occupied territory; and 

Whereas, Staff Sergeant Bethel Howard McNeely was awarded the Presidential Unit Citation Distinguished Flying Cross, Air Medal with Three Oak Leaf Clusters, the Air Offensive Europe with Battle Star and the European, African and Middle East Theater Ribbons; and 

Whereas, Upon returning home, Staff Sergeant Bethel Howard McNeely worked for C&O Railroad until he retired in 1985.  Today he resides at Crooked Creek in the home where he raised seven children.  His wife was a long time employee of the Logan County Board of Education, serving in the Payroll Office; and 

Whereas, Staff Sergeant Bethel Howard McNeely is a member of the Crooked Creek Church of Christ and much loved in the community; and        

Whereas, United States Marine Staff Sergeant Clyde Elmo Bryant enlisted in the service during World War II, in Bridgeport, Connecticut, when he heard of the attack on Pearl Harbor; and 

Whereas, After training at Cherry Point and Paris Island, Staff Sergeant Clyde Elmo Bryant was assigned to the Third Marine Division and shipped off to the Pacific.  He made beachhead landings at Guam, Bougainville and Iwo Jima, as well as on other smaller islands; and 

Whereas, Staff Sergeant Clyde Elmo Bryant was loading wounded Marines for transfer off the Island of Iwo Jima when the famous flag raising photo was taken by Joe Rosenthal; and 

Whereas, Staff Sergeant Clyde Elmo Bryant was awarded the Presidential Unit Citation Award and Ribbon Bar for service on Guam, the Asiatic-Pacific Campaign Medal and the Victory Medal; and 

Whereas, Staff Sergeant Clyde Elmo Bryant returned home to Logan County at the end of World War II, married Lila Evelyn Wilson and took up residence at Crooked Creek.  He raised his four children on Crooked Creek; and 

Whereas, Staff Sergeant Clyde Elmo Bryant was a watchmaker and jeweler and operated several businesses in the City of Logan.  He was a leader in the Crooked Creek Church of Christ and in many other community organizations.  He was a 32^nd degree Mason; and 

Whereas, In 1962, Staff Sergeant Clyde Elmo Bryant was again called to duty as a squad leader and Sergeant 1st class in the 150th Armored Cavalry when the West Virginia National Guard was called up during the “Cuban Missile Crisis”; therefore, be it 

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 23-12-0.05 (23A057) (37.87210, -81.98544) the “U.S. Air Force Staff Sgt Bethel Howard McNeely and U.S. Marine Staff Sgt Clyde Elmo Bryant Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “U.S. Air Force Staff Sgt Bethel Howard McNeely and U.S. Marine Staff Sgt Clyde Elmo Bryant Bridge”; 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, to the family of Howard McNeely and to the family of the late Clyde Bryant.

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

H. C. R. 71 – “Requesting the Division of Highways to name bridge number 23-10/19-0.01 (23A221)(37.82788, -81.94412), locally known as the Logan Vo-Tech Bridge, carrying County Route 10/19 over the Guyandotte River in Logan County, West Virginia the ‘US Army PVT James Earl Pelfrey Memorial Bridge’."

Whereas, James Earl Pelfrey of Cyclone, West Virginia, was born February 2, 1949, at Man, West Virginia, the son of Nell (Jerry) Taddes of Tom's River, New Jersey and the late James Edward Pelfrey; and

Whereas, James Earl Pelfrey is survived by a widow, Gladys M. Pelfrey and Son Jason Tye, and sisters Barbara Carratozzole of Barnegat, New Jersey and Denise Taddes of Florham Park, New Jersey; and

Whereas, James Earl Pelfrey was a member of the Davin Baptist Church in Logan County, West Virginia; and

Whereas, James Earl Pelfrey spent his youth with his grandparents, Lon and Emma Gibson of Bruno, West Virginia; and

Whereas, James Earl Pelfrey was inducted into the United States Army March 19, 1969, and served in Vietnam; and

Whereas, PVT. James Earl Pelfrey was award the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Army Commendation Medal and the Combat Infantryman's Badge; and

Whereas, PVT. James Earl Pelfrey died July 5, 2014; and

Whereas, The bridge leading to the Ralph R. Willis Career and Technical Center in Logan County would be a fitting memorial to PVT. James Earl Pelfrey; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 23-10/19-0.01 (23A221) (37.82788, -81.94412), locally known as the Logan Vo-Tech Bridge, carrying County Route 10/19 over the Guyandotte River in Logan County, West Virginia, the “US Army PVT James Earl Pelfrey Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “US Army PVT James Earl Pelfrey Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways.

            Delegate Duke offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 72 – “Requesting the Division of Highways to name Bridge Number 02-13-0.81 (02A172) (39.46979, -77.97913), locally known as New North Tennessee Avenue Bridge, carrying County Route 13 over Tuscarora Creek in Berkeley County, be named the ‘Max G. Parkinson Memorial Bridge’.”

Whereas, Max G. Parkinson was born in Martinsburg, Berkeley County, West Virginia, on November 30, 1934.  He was the son of the late William Henry Parkinson and Flora Belle White Strine; and

Whereas, Max G. Parkinson served the City of Martinsburg as a City Councilman for Ward 3 for nearly twenty-five years, and as the Treasurer for eleven years. During this time, he served on a number of committees for the City of Martinsburg, including the Budget and Finance, City Property, Code Enforcement, Personnel, Public Works, Train Station and Utility Committees; and 

Whereas, Max. G. Parkinson was a member of St. Joseph Catholic Church and a member of the Knights of Columbus, Elks Club and Moose Lodge; and

Whereas, Max G. Parkinson was a Realtor and Broker, and was an owner of Baker Parkinson Real Estate. He served on the Eastern Panhandle Board of Realtors; and

Whereas, Max G. Parkinson loved working outdoors to beautify his community by planting trees and shrubs and was responsible for the beautification project at the North Tennessee Avenue entrance to Briarwood; and

Whereas, Max G. Parkinson is survived by his wife of 61 years, Catherine Mickelinc Parkinson; one son, Michael Parkinson and wife, Debbie of Martinsburg; one grandchild, Marissa Parkinson; one brother Ray Strine and wife, Betty; and two sisters, Shirley Alexander and husband, Lynn, Faye Brown and husband, Bill; and

Whereas, It is fitting that an enduring memorial be established to commemorate his service to his community; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 02-13-0.81 (02A172) (39.46979, -77.97913), locally known as New North Tennessee Avenue Bridge, carrying County Route 13 over Tuscarora Creek in Berkeley County, the “Max G. Parkinson Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge proclaiming it the Max G. Parkinson Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the family of the late Max G. Parkinson.

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

By Delegates Lane, Sobonya, Miller, Espinosa and Duke:

H. J. R. 43 – “Proposing an amendment to the Constitution of the State of West Virginia amending section two of Article X thereof, relating to establishing legislative review, amendment, disapproval, or approval, of the actions of the State Board of Education”; to the Committee on Education then the Judiciary.

And,

By Delegates Skinner, Caputo, Fluharty, Lynch, Miley, Manchin, Reynolds, Boggs, Moore, P. White and Guthrie:

H. J. R. 44 – “Proposing an amendment to the Constitution of the State of West Virginia amending section fourteen, article VII relating to requiring a vote of two thirds of the members of each legislative house to override the Governor’s veto and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on the Judiciary.

            Delegates McCuskey, Westfall, Weld, B. White, Stansbury, E. Nelson and Byrd offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 10 – “Expressing concern of the House of Delegates to the need to create patient navigation, psychosocial and survivorship support services and programs for childhood cancer patients and their families in West Virginia.”

Whereas, An estimated 13,500 children and adolescents under age of 20 are diagnosed with cancer each year; and

Whereas, In 1960, only 4 percent of children with cancer survived more than 5 years, but today, cure rates have increased to over 80 percent for children and adolescents under the age of 20; and

Whereas, The population of survivors of childhood cancers has grown dramatically, to over 360,000 individuals of all ages as of 2012; and

Whereas, As many as two-thirds of childhood cancer survivors are likely to experience at least one late effect of treatment, with as many as one-fourth experiencing a late effect that is serious or life-threatening, with the most common late effects of childhood cancer being neurocognitive, psychological, cardiopulmonary, endocrine and musculoskeletal effects and secondary malignancies; and

Whereas, As a result of disparities in the delivery of cancer care, minority, low-income, and other medically underserved children are more likely to be diagnosed with late stage disease, experience poorer treatment outcomes, have shorter survival time with less quality of life, and experience a substantially greater likelihood of cancer death; and

Whereas, As the late effects of cancer treatment may change as therapies evolve, which means that the monitoring and care of cancer survivors may need to be modified on a routine basis; and

Whereas, There is a lack of standardized and coordinated psychosocial care, survivorship education on long term effects and available long term clinics in West Virginia for the children and their families, from the date of diagnosis through treatment and survivorship; therefore, be it

Resolved by the House of Delegates:

That an organized system of care and a method of care for pediatric cancer survivors is needed; and, be it

Further Resolved, That this state needs focused efforts to collaborate, communicate and research using assessment and customer service forms with parents and children during and after treatment into survivorship, during their hospital stay and after they enter their communities, and to help remove barriers to cancer care and answer questions about the optimal ways to provide health care, follow-up monitoring services, support services and helping integrate them back into the health care facilities if they relapse during their survivorship journey; and, be it

Further Resolved, That the House of Delegates believes that there is a need to create patient navigation, psychosocial, and survivorship support services and programs for childhood cancer patients and their families in West Virginia to contribute to improvements in the quality of care and quality of life of those individuals.

By Delegates Stansbury, Phillips, Hamilton, R. Smith, Cadle, B. White, Ambler, Summers, J. Nelson, Perdue and Statler offered the following resolution, which was read by its title and referred to the Committee on Rules:

H. R. 11 – “Urging the United States Congress to enact legislation for the purpose of enhancing hunting, fishing, recreational shooting, and other outdoor recreational opportunities, as well as strengthen conservation efforts nationwide.”

Whereas, To this day, conservation is funded primarily by sportsmen and women. This American system of conservation funding is a user pays-public benefits approach that includes excise taxes on hunting, fishing, and boating equipment. This strategy is widely recognized as the most successful model of fish and wildlife management funding in the world; and

Whereas, Through the pursuit of their outdoor passions, sportsmen and women support hundreds of thousands of jobs and contribute billions to our economy annually through salaries, wages, and product purchases; and

Whereas, The United States Congress has worked on several pieces of legislation over the years to boost a number of key conservation priorities that are supported by millions in the outdoor recreational community; and

Whereas, Currently pending legislation in both the U.S. House and Senate would create or renew several important programs that are vital to the continued conservation of our natural resources, the health of America’s local economies, and the enhancement and protection of our time-honored outdoor pastimes. Known as the Sportsmen’s Heritage and Recreational Enhancement (SHARE) Act (H.R. 2406) and the Bipartisan Sportsmen’s Act (S. 405), these bills contain a broad array of bipartisan measures, including the Recreational Fishing and Hunting Opportunities Act; the Hunting, Fishing, and Recreational Shooting Protection Act; the Target Practice and Marksmanship Training Support Act; and the Recreational Lands Self-Defense Act; and

Whereas, A complementary piece of pro-sportsmen legislation also exists in the U.S. House, called the Sportsmen’s Conservation and Outdoor Recreation Enhancement (SCORE) Act (H.R. 3173). It shares several similar titles with the SHARE Act and Bipartisan Sportsmen’s Act. Provisions in the SCORE Act include: The National Fish Habitat Initiative Sense of Congress, the Federal Lands Transaction Facilitation Act reauthorization, the North American Wetlands Conservation Act reauthorization, the National Fish and Wildlife Foundation reauthorization, the Neotropical Migratory Bird Conservation Act reauthorization, the Partners for Fish and Wildlife Program Act reauthorization, and the Making Public Lands Public authorization; and

Whereas, By renewing or creating these programs, these bills will enhance opportunities for hunters, anglers, recreational shooters, and other outdoor recreation enthusiasts, improve access to public lands, and help boost the outdoor recreation economy. Conserving our fish and wildlife resources and their habitats and ensuring that future generations have access to public lands and continued recreational opportunities are of great importance and are bipartisan issues; now, therefore, be it

Resolved by the House of Delegates:

That the United States Congress is urged to enact legislation for the purpose of enhancing hunting, fishing, recreational shooting, and other outdoor recreational opportunities, as well as strengthen conservation efforts nationwide; and, be it

Further Resolved, That the Clerk of the House of Delegates forward copies of this resolution to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of West Virginia's congressional delegation.

Petitions

            Unanimous consent having been obtained, Delegate Miley presented a petition on the floor of the House signed by more than 4,700 citizens in support of the Legislature acting immediately to fund and fix PEIA; which was referred to the Committee on Finance.

Motions

Delegate Cowles asked and obtained unanimous consent that, for the remainder of the session, members of Conference Committees be permitted to vote on any question or issue before the House which they may have missed as a direct result of their duties on Conference Committees, provided that such members notify the Clerk of the House in writing as to how they wished to vote and on the day the votes were missed, and that any such vote not change the outcome on any question.

Bills Introduced

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

By Delegates Phillips, Folk, Stansbury, J. Nelson, Eldridge, Rodighiero, Sobonya, Householder, Upson and Zatezalo:

H. B. 4541 - “A Bill to amend and reenact §8-12-5a of the Code of West Virginia, 1931, as amended, relating to the authority of municipalities to regulate the purchasing, possessing, transferring, owning, carrying, transporting, selling and storing of knives”; to the Committee on Political Subdivisions then the Judiciary.

            By Delegates Canterbury and Ambler:

H. B. 4542 - “A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to allowing persons with property within rural fire protection districts to opt out of fire protection coverage by a municipality for a specified property; financial responsibility for services actually rendered to the specified property”; to the Committee on Political Subdivisions then the Judiciary.

            By Delegates McCuskey and Westfall:

H. B. 4543 - “A Bill to  amend and reenact §5-16-12 and §5-16-12a of the Code of West Virginia, 1931, as amended, all relating to willful misrepresentation to gain benefits or payment under the Public Employees Insurance Act; authorizing set-off by the director to recover overpayment; authorizing investigation by the director of misrepresentations by an employer, employee or providers under the Public Employees Insurance Act; authorizing the director to issue administrative subpoenas; providing requirements for service of subpoenas; authorizing fees for service and witnesses; establishing a process to compel obedience with a subpoena; authorizing the agency to recover benefits or claims obtained by fraud through administrative hearing; providing for the confidentiality of data; and providing criminal penalties”; to the Committee on Banking and Insurance then Finance.

            By Delegate Howell:

H. B. 4544 - “A Bill to amend and reenact §30-13-4 and §30-13-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-22-5 of said code, all relating to discontinuing the West Virginia Board of Landscape Architects and transferring its duties and authority to the Board of Registration for Professional Engineers; renaming the Board of Registration for Professional Engineers as the Board of Registration for Professional Engineers and Landscape Architects”; to the Committee on Government Organization.

            By Delegate Howell:

H. B. 4545 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-46-21, relating to regulation of pharmacy benefits managers; defining terms; requiring pharmacy benefits managers to register with the commissioner; authorizing the commissioner to charge registration fees; authorizing the commissioner to take action against a pharmacy benefits manager’s license or fine a pharmacy benefits manager upon violation of certain requirements; requiring pharmacy benefits managers to maintain a ‘Maximum Cost List’, which is a list of sources used to determine maximum allowable cost pricing for products; requiring pharmacy benefits managers to update Maximum Allowable Cost Lists and to make the updates available in a reviewable format for pharmacies; establishing requirements for drugs to be placed on Maximum Allowable Cost Lists; requiring contracts between pharmacy benefits managers and pharmacies to include a process to appeal, investigate and resolve disputes regarding maximum allowable cost pricing; establishing requirements for the appeals and dispute resolution process; requiring pharmacy benefits managers to make certain disclosures to pharmacies regarding maximum cost lists; allowing a pharmacy to decline to provide a service or product to a patient if the Maximum Cost List will prevent the pharmacy from being paid the cost of providing the service; and prohibiting a patient from being required to pay an amount for pharmacist services that is greater than the amount the pharmacy may retain”; to the Committee on Health and Human Resources then Finance.

            By Delegates Howell, Arvon, Hill, Stansbury, Cadle, Ihle, Blair, Hamrick, Moffatt, Faircloth and R. Smith:

H. B. 4546 - “A Bill to amend and reenact §18B-5-4 of the Code of West Virginia, 1931, as amended, relating to use of statewide contracts issued by the State Purchasing Division”; to the Committee on Education then Finance.

            By Delegates Walters, McCuskey, Westfall, Phillips, Zatezalo, Moore, P. White, Gearheart, Canterbury, Hanshaw and Howell:

H. B. 4547 - “A Bill to amend and reenact §33-2-21a of the Code of West Virginia, 1931, as amended, relating to the Volunteer Fire Departments Workers (Compensation Subsidy Program and the Volunteer Fire Department Workers (Compensation Premium Subsidy Fund; and providing for the merger of the purposes and provisions of that subsidy program and the subsidy fund in the state agency workers (compensation programs section of the code”; to the Committee on Finance.

            By Delegates Canterbury and Ambler:

H. B. 4548 - “A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to disallowing municipalities not admitted to the Municipal Home Rule Pilot Program as of February 1, 2016, from participating in the Municipal Home Rule Pilot Program when more than half of the population served by the zip codes that serve the municipality live outside the limits of the municipality”; to the Committee on Political Subdivisions then Government Organization.

            By Delegates Kessinger, Perry, Arvon, Hill, Foster and Stansbury:

H. B. 4549 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-6-13, and to amend and reenact §18-2-1, all relating to requiring that four members of the State Board of Education be elected on a nonpartisan basis; decreasing the term lengths to four years; and establishing an election procedure”; to the Committee on Education then the Judiciary.

            By Delegate Ireland:

H. B. 4550 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-4-9, relating to requiring proceeds of partition of any interest in real property that includes oil and gas but not surface that are due to a person whose name or location are unknown and are unclaimed for five years be paid to the Oil and Gas Reclamation Fund rather than paid or delivered to the Treasurer as abandoned and unclaimed property”; to the Committee on Energy then Finance.

            By Delegates McCuskey and Westfall:

H. B. 4551 - “A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Insurance Agency; clarifying that the plans established and administered by the Public Employees Insurance Agency are exempt from regulation by the Insurance Commissioner, unless specifically stated otherwise; and providing that the Public Employees Insurance Agency is not an ‘insurer’ or in the ‘business of insurance’ for purposes of the Insurance Commissioner”; to the Committee on Banking and Insurance then Finance.

            By Delegates Statler, Flanigan, Rohrbach and Kurcaba:

H. B. 4552 - “A Bill to amend and reenact §5A-3-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-3-10g, all relating to purchasing requirements for the Division of Highways; permitting the Division of Highways to make purchases of up to $100,000 without engaging in competitive bidding and prohibiting the Division of Highways from requiring purchasing card users in district offices to secure bids for purchases under a certain amount”; to the Committee on Finance.

            By Delegates Miller, Sobonya, Rohrbach, Hicks, Morgan, Perdue, Reynolds and Hornbuckle:

H. B. 4553 - “A Bill to amend and reenact §16-29B-1, §16-29B-3, §16-29B-8, §16-29B-12 and §16-29B-26 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-29B-23a, all relating to the West Virginia Health Care Authority; expanding the legislative findings and purpose; defining ‘Cooperative agreement’ and ‘Commercial Health Plan’; powers of the board of directors;  authorizing review applications for approval of proposed cooperative agreements and establishing fees for the applications; when administrative hearings may be closed to the public; establishing procedures for review of cooperative agreements; applicability of administrative procedures act applicable and providing for protection of confidential proprietary information; Legislative policy and intent, review of cooperative agreements, reports required, judicial review, and reimbursement of fees and costs to board as applied to cooperative agreement with other hospitals or health care providers; and exempting the actions of the board of the West Virginia Health Care Authority from state and federal antitrust laws”;  to the Committee on Health and Human Resources.

            By Delegates Ambler, Gearheart, Trecost, Hamrick, P. Smith, Ireland, Cooper and D. Evans:

H. B. 4554 - “A Bill to authorize the Commissioner of the Division of Highways to allow an increase of gross weight limitations on certain roads in Greenbrier County”; to the Committee on Roads and Transportation then Government Organization.

            By Delegates Rowan, Border, Moye, Duke, Shaffer, Hamilton, Ferro, Pethtel, Romine, Campbell and Overington:

H. B. 4555 - “A Bill to amend the Code of West Virginia, 1931, by adding thereto a new article, designated   §55-7I-1, §55-7I-2, §55-7I-3, §55-7I-4, §55-7I-5 and §55-7I-6, all relating to establishing a cause of action against a person who commits an act of financial exploitation against an elderly person, protected person or incapacitated adult; defining certain terms; restricting certain defenses which, standing alone, are based on legal relationship to and elderly person, protected person or incapacitated adult; providing for court authorized remedies; providing for attorneys’  fees; providing that damage awards have priority; prescribing the burden of proof; authorizing the court to freeze assets while also providing options the court may exercise if a person violates an injunction; and, providing a penalty for violating an injunction”; to the Committee on Senior Citizen Issues then the Judiciary.

            By Delegates Skinner, Perdue, Fleischauer, Manchin, Sponaugle, Caputo, Longstreth, Hornbuckle and P. White:

H. B. 4556 - “A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to the PROMISE scholarship program; limiting percentage of awards to private, not-for-profit institutions in the state; and terminating awards to students at private, not-for-profit institutions in the state in 2020”; to the Committee on Education then Finance.

            By Delegates A. Evans, Romine, Rowan, Hamilton, Lynch, Ambler, Miller and Cooper:

H. B. 4557 - “A Bill to amend and reenact §19-1-11 of the Code of West Virginia, 1931, as amended, by removing the requirement that the West Virginia Rural Rehabilitation Loan Committee outsource the servicing of its loans”; to the Committee on Banking and Insurance then Finance.

            By Delegates Frich, Shott, Arvon, P. Smith, Rowan, Sobonya, Miller, Border, Upson, Kessinger and Summers:

H. B. 4558 - “A Bill to amend and reenact §61-11A-8 of the Code of West Virginia, as amended, relating to victim notification and designation of additional individuals to receive notice of an offender's release, sentencing, placement or escape; providing an option to victims to designate additional adult individuals to receive notification; and requiring the victim to provide the additional adult individual's contact information in writing to the appropriate notifying entity”; to the Committee on the Judiciary.

            By Delegates Kurcaba, Statler, Householder, McGeehan, Azinger, Overington, Ellington and Fast:

H. B. 4559 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-4-55, relating to requiring the Commissioner of Highways to develop a statewide communications plan known as the Comprehensive Public Involvement Plan; requiring that the plan utilize multimedia outlets to inform the public of known or anticipated disruptions in traffic patterns; requiring that the plan include a mechanism to receive and respond to communications from the public in a timely manner; requiring that the plan include a mechanism for collecting feedback from the public on the division’s response to public communications; requiring the division to employ a communications specialist in each maintenance district; and requiring the division to submit the plan to the Legislature for approval as a legislative rule”; to the Committee on Roads and Transportation then Government Organization.

            By Delegates Kurcaba, Gearheart, Cowles, Flanigan, Statler, Upson, Householder, McGeehan, Azinger, Overington and Ellington:

H. B. 4560 - “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 and §17-29-5, all relating to requiring the Commissioner of Highways to develop a formula for allocating road funds among districts, for the benefit of the counties; making legislative findings; requiring the commissioner to solicit and consider public comments; requiring the commissioner to include certain factors in the formula; and requiring the commissioner to submit the formula to the Legislature for approval as a legislative rule”; to the Committee on Roads and Transportation then Finance.

            By Delegates Kurcaba, Statler, Upson, Householder, McGeehan, Azinger, Overington, Ellington, Fast, Foster and Gearheart:

H. B. 4561 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-4a, relating to creating a special hiring process for West Virginia Division of Highways employees; requiring the Commissioner of the West Virginia Division of Highways and the Director of the West Virginia Division of Personnel to collaborate to develop a special hiring process for Division of Highways employees; establishing requirements for the special hiring process; exempting the West Virginia Division of Highways from regular appointment procedures upon implementation of the special hiring process; and establishing reporting requirements”; to the Committee on Roads and Transportation then Government Organization.

            By Delegates Kurcaba, Statler, Upson, Householder, McGeehan, Azinger, Ellington, Fast, Overington, Foster and Gearheart:

H. B. 4562 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-24, relating to performance metrics for the West Virginia Division of Highways; requiring the division to develop performance standards and criteria to measure agency performance in all essential operations; requiring the division to employ a management information system that will track the division’s past and current progress toward meeting performance standards; and requiring the division to report to the Joint Committee on Infrastructure”; to the Committee on Roads and Transportation then Government Organization.

            By Delegates Storch, Anderson, Boggs, Campbell, Ferro, Frich, Miller, R. Smith, Upson, Wagner and Waxman:

H. B. 4563 - “A Bill to amend and reenact  §11-13J-3, §11-13J-4, §11-13J-4a, §11-13J-10 and §11-13J-12 of the Code of West Virginia, 1931, as amended, all relating generally to the Neighborhood Investment Program Act; reauthorizing the Act until July 1, 2021; defining the terms ‘community based’ and ‘emergency assistance’; modifying the definition of ‘economically disadvantaged area’; reducing the frequency of required project transferee reports; reducing the number of required advisory board meetings; reducing the required number of West Virginia Development Office reports to the board; eliminating guidance on what a community based project is when the board is evaluating a project; removing the requirement that the Tax Commissioner annually publish the addresses of taxpayers who claim the credit; and reducing the frequency of program assessments by the director”; to the Committee on Government Organization then Finance.

            By Delegates Miley, Guthrie, Bates, Rowe, Moye, Perdue, Fleischauer, Campbell, Blackwell, Perry and Skinner:

H. B. 4564 - “A Bill to amend and reenact §11-17-2 and §11-17-3 of the Code of West Virginia, 1931, as amended, all relating to the taxing certain tobacco products; taxing certain tobacco products to fund public employees insurance and substance abuse programs; establishing new taxes and providing incremental increases in those taxes; creating a special revenue account; and authorizing the Secretary of the Department of Health and Human Resources to establish and administer programs to address drug addiction in this state”; to the Committee on Health and Human Resources then Finance.

            By Delegates McCuskey and Skinner:

H. B. 4565 - “A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-7-12 of said code; and to amend and reenact §60-8-34 of said code, all relating to allowing Class A Licensees to begin selling alcohol at ten o’clock a.m. on Sundays; and to provide the county commission with the authority to decide whether Class B Licensee may begin selling at ten o’clock a.m. on Sundays”;  to the Committee on Roads and Transportation then the Judiciary.

            By Delegates Espinosa, Duke, Statler and D. Evans:

H. B. 4566 - “A Bill to amend and reenact §18-4-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-2-2, §18A-2-5a, §18A-2-6, §18A-2-7 and §18A-2-8a of said code; to amend said code by adding thereto a new section, designated  §18A-2-7b; to amend and reenact, §18A-4-7a, §18A-4-8b and §18A-4-8e of said code; and to amend and reenact §18A-5-8 of said code, all relating to school personnel; including assistant and associate superintendents under provisions for permanent administrative certification for superintendents; changing deadline for county board vote on termination of continuing contracts of teachers; requiring the department to report on database system certain disqualifications to teach; changing deadlines for teachers and service personnel to give notice of retirement to qualify for early notification payment; changing deadline for county board vote on termination of continuing contracts of service persons; changing deadline for notice of consideration for transfer; changing deadline for hearing on proposed transfer; changing deadline to provide list of employees considered for transfer to county board; changing method of notification and documentation of receipt of notice to employees recommended for transfer; making technical alignment of dates on personnel action and foreseen need for personnel; consolidating limitations on employee transfers after twentieth day prior to instructional term; removing reports to state superintendent; removing exemption for position vacated but not posted; changing transfer limit to twentieth day for prior for service person employed and assigned as autism mentor or certain aid, paraprofessional, interpreter or early childhood assistant teacher; limiting transfers service persons after the twentieth day prior with certain exceptions; changing deadline providing county board list of probationary teachers recommended for rehire; providing for filling position known on or before March 1 to exist for the next school year and requiring employees subject to release to be considered prior to posting for application for nonemployees; removing requirement to submit lateral transfer policies to state board to be complied for reports to LOCEA; facilitating postings for longer than the five-day minimum; removing requirement to any applicant of status of his or her application after hiring decision made; changing requirements for notice and receipt notification to persons on preferred recall of all position openings; requiring periodic review and update of service personnel competency tests; removing requiring requirement for minimum one day in-service training to assist preparation for competency tests; removing obsolete language and making technical improvements”; to the Committee on Education then Finance.

            By Delegates Fleischauer, Perdue, Pushkin, Rowe, Morgan, Guthrie, Hornbuckle and Moore:

H. B. 4567 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-6C-1, §22-6C-2 and §22-6C-3, all relating to establishing an industrial water extraction fee; placing a one cent fee on every gallon of water extracted for industrial use; placing an additional one cent fee on every gallon of water extracted for industrial use that is transported over state roads; requiring measuring of water withdrawals by a specified method; defining terms; and providing rule-making authority”; to the Committee on the Judiciary then Finance.

            By Delegate Skinner:

H. B. 4568 - “A Bill to amend and reenact §17A-3-3b of the Code of West Virginia, 1931, as amended, relating to permitting the assessor to mail a notice advising the owner of a vehicle believed not to be properly registered in the state to contact the office of the assessor and provide certain information concerning residency; and imposing a criminal penalty”; to the Committee on Political Subdivisions then the Judiciary.

            By Delegates Hamrick, Waxman, Statler, Ellington and Stansbury:

H. B. 4569 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-1-51 relating to appointment of, conduct of  and training of poll watchers; and imposing duties on Secretary of State and county clerks with regard to poll watchers”; to the Committee on the Judiciary.

            By Delegates Bates, Miley, Fluharty, Morgan, Shaffer, Guthrie, Manchin, Fleischauer, Hornbuckle, Perdue and Moore:

H. B. 4570 - “A Bill to amend and reenact §11-13V-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §11-13DD-1, §11-13DD-2 and §11-13DD-3, all relating to continuing certain severance taxes that are dedicated to the Workers' Compensation Debt Reduction Fund towards the State Road Fund upon satisfaction of debt; and providing a tax credit against the tax for taxpayers that create value-added jobs”; to the Committee on Finance.

            By Delegates Espinosa, Gearheart, Upson, Storch, Shott and E. Nelson:

H. B. 4571 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-16-11b, relating to creating a one-day special license for charitable events to sell nonintoxicating beer”; to the Committee on the Judiciary then Finance.

            By Delegates Espinosa, Statler, Blackwell, D. Evans, Romine, Westfall, Stansbury and R. Smith:

H. B. 4572 - “A Bill to amend and reenact §18-1-1 of the Code of West Virginia, 1931, as amended, relating to excepting specialized contract instructors from the definition of teacher; and defining that term”; to the Committee on Education.

            By Delegates A. Evans, Hamilton, Kelly, Rowan, Zatezalo and Romine:

H. B. 4573 - “A Bill to amend and reenact §5A-3-3 of the Code of West Virginia, 1931, as amended, relating to exempting the Department of Environmental Protection’s construction or reclamation contracts from the review and approval requirements of the Division of Purchasing”; to the Committee on Government Organization then the Judiciary.

            By Delegates Faircloth, Flanigan, Blair and Hill:

H. B. 4574 - “A Bill to repeal §30‑9‑2, §30‑9‑3, §30‑9‑4, §30‑9‑5, §30‑9‑6, §30‑9‑7, §30‑9‑8, §30‑9‑9, §30‑9‑10, §30‑9‑11, §30‑9‑12, §30‑9‑13, §30‑9‑14, §30‑9‑15, §30‑9‑16, §30‑9‑17, §30‑9‑18, §30‑9‑19, §30‑9‑20, §30‑9‑21, §30‑9‑22, §30‑9‑23, §30‑9‑24, §30‑9‑25, §30‑9‑26, §30‑9‑27, §30‑9‑28, §30‑9‑29 and §30‑9‑30 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30‑9‑1 of said code, all relating to terminating the West Virginia Board of Accountancy; and providing deadlines for wind‑up activities of the board”;  to the Committee on Government Organization.

Special Calendar

Third Reading

            S. B. 15, Adopting learned intermediary doctrine as defense to civil action due to inadequate warnings or instructions; 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. 83), and there were--yeas 97, nays 3, absent and not voting none, with the nays and absent and not voting being as follows:

Nays:  Fast, Shaffer and Waxman.

Absent and not voting.  None.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 15) passed.

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

            Com. Sub. for H. B. 2122, Making it illegal for first responders to photograph a corpse; Jonathon's Law; 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. 84), and there were--yeas 100, nays none.

                        So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2122) passed.

            On motion of Delegate Shott, the title of the bill was amended to read as follows:

Com. Sub. for H. B. 2122 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-12-16, relating to making it illegal for first responders to photograph, film, videotape, record, or otherwise reproduce in any manner the image of a human corpse or person being provided medical care or assistance; defining terms; creating a criminal offense for first responders to photograph, film, videotape, record, or otherwise reproduce in any manner the image of a human corpse or person being provided medical care or assistance;  creating a criminal offense for first responders to knowingly disclose any photograph, film, videotape, record, or other reproduction of the image of a human corpse or person being provided medical care or assistance; providing for exceptions to the criminal offenses; providing for criminal penalties; providing for enhanced penalties for subsequent offenses; and designating as ‘Jonathon’s Law’.”

                        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. 3019, Requiring official business and records of the state and its political subdivisions be conducted in English; 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. 4209, Relating generally to health care provider taxes; 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. 4291, Increasing penalties for teachers who commit sexual offenses against children; on second reading, coming up in regular order, was read a second time.

On motion of Delegate Shott, the bill was amended on page two, section five, line thirteen, by striking out the word “personnel” and inserting in lieu thereof the word “person”.

            On page two, section five, line twenty-nine, by striking out the word “personnel” and inserting in lieu thereof the word “person”.

            On page two, section five, line thirty-one, by striking out the word “personnel” and inserting in lieu thereof the word “person”.

            On page three, section five, line forty-six, by striking out the word “personnel” and inserting in lieu thereof the word “person”.

            On page three, section five, line forty-nine, by striking out the word “personnel” and inserting in lieu thereof the word “person”.

            And,

            On page three, section five, line fifty-seven, by striking out the word “personnel” and inserting in lieu thereof the word “person”.

The bill was then ordered to engrossment and third reading.

            Com. Sub. for H. B. 4323, Relating to the reporting of emergency incidents by well operators and pipeline operators; on second reading, coming up in regular order, was read a second time.

            Delegate Ireland moved to amend the bill on page two, section one, subdivision three, line eighteen, by striking out the period and inserting in lieu thereof a colon and the following:

 “Provided, That the term ‘pipeline facility’ shall not include pipelines of four inches or less, measuring the inside diameter, that service a farm or residence.”

Speaker Pro Tempore Anderson in the Chair

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on questions regarding Com. Sub. for H. B. 4323 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that any impact on Mr. Armstead would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

Mr. Speaker, Mr. Armstead, in the Chair

            The amendment, offered by Delegate Ireland, was then adopted.

The bill was then ordered to engrossment and third reading.

            H. B. 4347, Providing pregnant women priority to substance abuse treatment; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

            H. B. 4378, Relating to access to and receipt of certain information regarding a protected person by certain relatives of the protected person; 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 two, section seventeen, line fourteen, immediately following the word “in”, by inserting the word “recent”.

The bill was then ordered to engrossment and third reading.

            H. B. 4417, Increasing wages protected from garnishment; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

First Reading

            The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

            Com. Sub. for H. B. 2904, Requiring the clerk of a county commission to maintain a county ordinance book,

            Com. Sub. for H. B. 4174, Exempting activity at indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house,

            And,

            Com. Sub. for H. B. 4467, Including financial aid planning and completion of the Free Application for Federal Student Aid in secondary school instruction in personal finance.

Remarks by Members

            Delegate Caputo asked and obtained unanimous consent that the remarks of Delegates Sponaugle and Miley regarding plans to fix PEIA and those of Delegate Morgan regarding the current legislative session be printed in the Appendix to the Journal.

            Delegate Azinger asked and obtained unanimous consent that the remarks of Delegate McGeehan regarding the 1^st Amendment be printed in the Appendix to the Journal.

Miscellaneous Business

            Delegate Eldridge filed a form with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. B. 4334.

            Delegate E. Nelson filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2852.

            At 12:53 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 17, 2016.