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Wednesday, February 17, 2016
THIRTY-SIXTH 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 16, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At 11:25 a.m., upon motion of Delegate Cowles, the House recessed for ten minutes.
Committee Reports
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. 2966, Relating to the Senior Farmers' Market Nutrition Program,
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. 2966) was referred to the Committee on Finance.
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. 4339, Relating to wildlife resources,
And,
H. B. 4411, Relating to penalty for illegally taking native brook trout,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4339 and H. B. 4411) were each referred to the Committee on the Judiciary.
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. 4369, Decreasing and ending the tax on timber,
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. 4369) was referred to the Committee on Finance.
Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Transportation has had under consideration:
H. B. 2977, Providing that rents and royalties from leases of the minerals under the state's rivers and streams shall be expended for road paving and maintenance,
And,
H. B. 4168, Creating a special motor vehicle collector license plate,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2977 and H. B. 4168) were each referred to the Committee on Finance.
Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Transportation has had under consideration:
H. B. 2665, Relating to participation in Motor Vehicle Alcohol Test and Lock Program,
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. 2665) was referred to the Committee on the Judiciary.
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. 41, U.S. Army Air Corps CPT Kenneth R. Winters, Sr. Memorial Bridge,
And reports the same back with the recommendation that it be adopted, but that it first be referred to the Committee on Rules.
In accordance with the former direction of the Speaker, the resolution (H. C. R. 41) was 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. 39, US Army PFC Cornelius Vance Memorial Bridge,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 39 - “Requesting the Division of Highways to name Bridge Number 23-119/18-0.01 (23A141) (37.76693, -81.98861), locally known as Chauncey Girder, carrying County Route 119/18 over Island Creek in Logan County, the ‘US Army PFC Cornelius Vance Memorial Bridge’.”
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. 39) was 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. 2569, Relating to the Dealer Recovery Program,
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. 2569) 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. 4380, Adding the spouse of an indigent person as a possible individual who may be liable for the funeral service expenses,
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. 4380) 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. 4040, Regulating step therapy protocols in health benefit plans,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4040 - AA Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16I-1, §33-16I-2 and §33-16I-3, all relating to regulating step therapy protocols in health benefit plans which provide prescription drug benefits,@
With the recommendation that the committee substitute do pass.
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 4334, Clarifying the requirements for a license to practice as an advanced practice registered nurse and to expand the prescriptive authority that may be granted to advanced practice registered nurses,
And reports the same back with the recommendation that it do pass, 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. 4334) was referred to the Committee on Government Organization.
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. 4488, Limiting audits of public libraries to a biennial schedule,
And reports the same back with the recommendation that it do pass, 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. 4488) was referred to the Committee on Government Organization.
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. 4508, Prohibiting counties and municipalities from adopting ordinances or regulations that base restrictions on the breed of a dog,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4508) was referred to the Committee on the Judiciary.
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. 4060, H. B. 4107 and H. B. 4108, Authorizing Department of Military Affairs and Public Safety to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4060 - “A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety; 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 Fire Commission to promulgate a legislative rule relating to the fire code; authorizing the Fire Commission to promulgate a legislative rule relating to the state building code; and authorizing the Fire Commission to promulgate a legislative rule relating to the standards for the certification of continuing education of municipal, county and other public sector building code officials, inspectors and plans examiners,”
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. 4080 and H.B. 4079, Authorizing Department of Veterans’ Assistance to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4080 - “A Bill to amend and reenact article 11, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Veterans’ Assistance to promulgate a legislative rule relating to VA headstones or markers; and relating to authorizing the Department of Veterans’ Assistance to promulgate a legislative rule relating to the state home for veterans,”
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. 4521, Modifying the requirements that allow a child witness to testify by closed circuit television,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4521 - “A Bill to amend and reenact §62-6B-2, §62-6B-3 and §62-6B-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the requirements that allow a child witness to testify by live, one-way, closed circuit television; defining terms; expanding the allowance of such closed circuit testimony to other alleged criminal offenses; authorizing use for persons with certain intellectual disabilities; clarifying the use and requirements of one-way closed-circuit television; setting forth findings to be made by the circuit court prior to ordering testimony through live, one-way, closed circuit television; granting the court discretion to appoint a psychiatrist, licensed psychologist or licensed social worker to provide an expert opinion regarding the factors and findings to be made by the Court in deciding whether to order testimony through live, one-way, closed circuit television; requiring court-appointed expert witness to provide written report within established deadline; providing for the effect of failure to comply with filing deadline; revising the procedures required for taking testimony of child witness by live, one-way, closed-circuit television; setting forth the procedures for testimony by live, one-way, closed-circuit television; establishing a location for witness testimony and individuals allowed in the witness room; setting requirements for display in the courtroom; requirements; providing who may question the child witness and the procedures therefor; providing for requirement of electronic means for defendant to confer with counsel during the taking of the testimony; providing for instruction to jury regarding use of live, one-way, closed-circuit television; authorizing the defendant to waive jury instruction regarding use of live, one-way, closed-circuit television; prohibiting counsel from making comments in the presence of the jury; authorizing the court to establish measures for the physical safety of the child witness and for the confidentiality of sensitive information; authorizing the court to allow accommodations for child witness testimony in court rather than by live, one-way, closed-circuit television; authorizing the allowance of a toy, blanket or similar item to be in possession of child witness while testifying; authorizing the allowance of a designated support person and seating of such support person in the courtroom; and providing requirements for allowance of a designated support person by motion,”
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. 14, Limiting successor corporation asbestos-related liabilities,
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:
Com. Sub. for S. B. 7, Establishing wrongful conduct rule prohibiting recovery of damages in certain circumstances,
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. 4365, Relating to the certificate of need process,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4365 - “A Bill to repeal §16-2D-4a, §16-2D-4b, §16-2D-5a, §16-2D-5b, §16-2D-5c, §16-2D-5d, §16-2D-5e and §16-2D-7a, of the Code of West Virginia, 1931, as amended; to amend and reenact §16-2D-1, §16-2D-2, §16-2D-3, §16-2D-4, §16-2D-5, §16-2D-6, §16-2D-7, §16-2D-8, §16-2D-9, §16-2D-10, §16-2D-11, §16-2D-12, §16-2D-13, §16-2D-14 and §16-2D-15; and to amend said code by adding thereto five new sections, designated §16-2D-16, §16-2D-17, §16-2D-18, §16-2D-19 and §16-2D-20, all relating to the certificate of need process; providing legislative findings; defining terms; providing powers to the authority; providing duties to the authority; providing rulemaking authority; continuing a special revenue account; providing a process to update certificate of need standards; providing a process to update the state health plan; providing a process to review the cost effectiveness of the certificate of need standards; providing a process for the Health Care Authority to review whether a certificate of need is required; providing health services that require a certificate of need; providing health services for which a certificate of need may not be granted; providing an exemption process; providing exemptions to the certificate of need requirement; providing criteria the authority shall use to determine whether to grant a certificate of need; changing the certificate of need process; providing certain timelines; requiring the creation of a process to review an uncontested certificate of need application; requiring the authority to make certain findings to approve a certificate of need; providing an appeal process; prohibiting the transfer of a certificate of need; permitting the authority to perform a compliance review of an issued certificate of need; permitting the revocation of a license; creating an injunction process; establishing a statute of limitations; establishing an administrative penalty,”
With the recommendation that the committee substitute 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. 4240, Relating to the Uniform Controlled Substances 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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4240) 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. 4503, Relating to substance abuse while pregnant,
And reports the same back without recommendation as to its passage, 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. 4503) was referred to the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates and the passage, as amended, of
S. B. 123, Treatment for sexually transmitted diseases.
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. 147 – “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §11-15-9o, relating to specifying exemption from the consumers sales and service tax and use tax for purchases of certain services and tangible personal property sold for the repair, remodeling and maintenance of certain specified aircraft; defining terms; and specifying method for claiming exemption”; 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
Com. Sub. for S. B. 272 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-3-6, relating to Attorney General’s investigators; and allowing duly authorized investigators to carry concealed weapons under certain circumstances”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 298 – “A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-4-3a and §60-4-3b of said code; 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 restaurants, private clubs, distilleries, mini-distilleries and wineries to sell and serve alcohol beginning at 10:00 a.m. on Sundays”; which was referred to the Committee on Roads and Transportation 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
S. B. 423 – “A Bill to amend and reenact §36-8-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §36-8-2a, all relating to the specific escheat of United States savings bonds and all rights and legal title thereto; and defining terms”; 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
Com. Sub. for S. B. 493 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto three new sections, designated §44D-5-503a, §44D-5-503b and §44D-5-503c; and to amend and reenact §44D-5-505 of said code, all relating to allowing the creation of self-settled spendthrift trusts; permitting a grantor to transfer assets into a qualified self-settled spendthrift trust and retain an interest in that trust; excluding applicability of certain provisions of code to that qualified interest; clarifying applicability of self-settled spendthrift trust provisions when certain interests are not qualified interests; prohibiting inference of intent to delay, hinder or defraud creditors solely based on grantor’s establishment of or transfer to a self-settled spendthrift trust; permitting transfer to trust to be set aside under certain circumstances; providing for the payment of expenses associated with defending the trust to be paid from transfer; permitting creditors to bring actions against transfer of trust assets within four years after date of grantor’s transfer; limiting creditor rights to grantor’s transfer; prohibiting credit claims or causes of action against certain other persons or entities; providing applicability of provisions governing creditor’s actions to avoid transfers to situations involving multiple transfers; setting statute of limitations for self-settled spendthrift trust moved to this state for four years from date assets moved to the state; defining terms; providing for filling of vacancies in office of qualified trustee or independent qualified trustee; permitting certain terms to be included in self-settled spendthrift trust without deeming trust irrevocable; requiring treatment of beneficiary with right to withdraw entire beneficial interest be treated as grantor once right to withdraw has lapsed, been released or otherwise expired; and exempting self-settled spendthrift trusts from being subject to claims of the grantor’s creditors”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 510 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-15-9a, relating to establishing a new special revenue fund, designated the Adult Drug Court Participation Fund, for the purpose of collecting and remitting moneys to the State Treasury for participation in an adult drug court program administered by the Supreme Court of Appeals”; 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
Com. Sub. for S. B. 511 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-22, relating to establishing a new special revenue fund, designated the Court Advanced Technology Subscription Fund, for the purpose of collecting and remitting moneys to the State Treasury for the use of certain advanced technology systems provided by the Supreme Court of Appeals”; 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. 516 - “A Bill to amend and reenact §17B-2A-2 of the Code of West Virginia, 1931, as amended, relating to registration for selective service”; which was referred to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 583 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-12-1, §64-12-2, §64-12-3, §64-12-4 and §64-12-5, all relating generally to repealing certain legislative, procedural or interpretive rules promulgated by certain agencies, boards and commissions which are no longer authorized or are obsolete; authorizing certain agencies and commissions under Department of Administration to repeal certain legislative and procedural rules; repealing Department of Administration legislative rule relating to the availability of state surplus buildings and equipment to charity food banks; repealing State Building Commission procedural rule relating to procedural rules for meetings; repealing Ethics Commission legislative rule relating to advisory opinions; repealing Ethics Commission legislative rule relating to guidelines and standards for determining the existence of disqualifying financial interests; repealing Ethics Commission legislative rule relating to contributions; repealing Public Employees Insurance Agency procedural rules relating to procedural rules for the Public Employees Insurance Agency Advisory Board; and repealing Board of Risk and Insurance Management legislative rule relating to discontinuation of professional malpractice insurance”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 584 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-12-1, §64-12-2, §64-12-3, §64-12-4, §64-12-5, §64-12-6 and §64-12-7, all relating generally to repealing certain legislative, procedural or interpretive rules promulgated by certain agencies, boards and commissions which are no longer authorized or are obsolete; repealing certain legislative, procedural and interpretive rules promulgated by certain agencies and boards under the Department of Environmental Protection; repealing the Department of Environmental Protection legislative rule relating to requiring the submission of emission statements for volatile organic compound emissions and oxides; repealing the Department of Environmental Protection legislative rule relating to bona fide future use; repealing the Department of Environmental Protection legislative rule relating to abandoned wells; repealing the Department of Environmental Protection legislative rule relating to the Environmental Excellence Program; repealing the Department of Environmental Protection legislative rule relating to oil and gas operations – solid waste; repealing the Department of Environmental Protection legislative rule relating to the Recycling Assistance Fund Grant Program; repealing the Department of Environmental Protection legislative rule relating to commercial hazardous waste management facility siting fees; repealing the Department of Environmental Protection legislative rule relating to groundwater protection standards; repealing the Department of Environmental Protection legislative rule relating to Underground Storage Tank Insurance Trust Fund; repealing the Department of Environmental Protection legislative rule relating to hazardous waste management; repealing the Department of Environmental Protection legislative rule relating to solid waste management; repealing the Department of Environmental Protection legislative rule relating to waste tire management; repealing the Department of Environmental Protection legislative rule relating to sewage sludge management; repealing the Department of Environmental Protection legislative rule relating to Hazardous Waste Emergency Response Fund regulations; repealing the Department of Environmental Protection interpretive rule relating to initial inspection, certification and spill prevention response plan requirements; repealing the Department of Environmental Protection legislative rule relating to the Office of the Environmental Advocate; repealing the Department of Environmental Protection legislative rule relating to coal refuse; repealing the Department of Environmental Protection procedural rule relating to administrative procedures and civil administrative penalty assessment – Water Resources Protection Act; repealing the Department of Environmental Protection procedural rule relating to procedures and practice before the Department of Energy; repealing the Commercial Hazardous Waste Management Facility Siting Board legislative rule relating to certification requirements; repealing the Environmental Quality Board legislative rule relating to requirements governing water quality standards; repealing the Environmental Quality Board procedural rule relating to requests for information; repealing the Environmental Quality Board procedural rule relating to rules governing the notice of open meetings under the Open Governments Proceedings Act; repealing the Miner Training, Education and Certification Board legislative rule relating to certification of blasters for surface coal mines and surface areas of underground mines; repealing the Miner Training, Education and Certification Board legislative rule relating to standards for certification of blasters for surface coal mines and surface areas of underground mines; repealing the Water Resources Board legislative rule relating to the State National Pollutant Discharge Elimination System Program; repealing the Water Resources Board legislative rule relating to requirements governing the State National Pollutant Discharge Elimination System; repealing the Air Quality Board procedural rule relating to requests for information; repealing the Oil and Gas Inspectors Examining Board procedural rule relating to matters pertaining to the rules and regulations dealing with the Oil and Gas Inspectors Examining Board; and repealing the Board of Miner Training, Education and Certification procedural rule relating to temporary suspension of certificates issued to persons pending full hearing before the board of appeals”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 585 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-12-1 and §64-12-2, all relating generally to repealing certain legislative, procedural, or interpretive rules promulgated by certain agencies and boards which are no longer authorized or are obsolete; repealing certain legislative, procedural and interpretive rules promulgated by certain agencies under the Department of Health and Human Resources; repealing the Department of Health and Human Resources legislative rule relating to preliminary requirement for approval by the West Virginia Department of Health of a laboratory for a specified technique; repealing the Department of Health and Human Resources legislative rule relating to ice cream and frozen milk; repealing the Department of Health and Human Resources legislative rule relating to the establishment of a Controlled Substances Therapeutic Research Program and the certification of patients, practitioners and hospital pharmacies; repealing the Department of Health and Human Resources legislative rule relating to instillation of medication in the eyes of the newborn and the dissemination of advice and information concerning the dangers of inflammation of the eyes of the newborn; repealing the Department of Health and Human Resources legislative rule relating to hazardous materials treatment information repository; repealing the Department of Health and Human Resources legislative rule relating to immunization criteria for transfer students; repealing the Department of Health and Human Resources legislative rule relating to specialized health procedures in public schools; repealing the Department of Health and Human Resources legislative rule relating to incorporation of the handicapped children services manual; repealing the Department of Health and Human Resources legislative rule relating to termination of income withholding; repealing the Department of Health and Human Resources legislative rule relating to obtaining support from federal and state income tax refunds; repealing the Department of Health and Human Resources legislative rule relating to interstate income withholding; repealing the Department of Health and Human Resources legislative rule relating to providing information to credit reporting agencies; repealing the Department of Health and Human Resources interpretive rule relating to the health facilities plan for the fiscal years 1985-89; repealing the Department of Health and Human Resources interpretive rule relating to the design, information and procedural manual for mobile home parks; repealing the Department of Health and Human Resources interpretive rule relating to pertussis guidelines; repealing the Department of Health and Human Resources procedural rule relating to procedural rules for the advisory Committee for the Omnibus Health Care Act; repealing the Health Care Authority legislative rule relating to a freeze on hospital rates and granting of temporary rate increases; repealing the Health Care Authority legislative rule relating to Utilization Review and Quality Assurance Program – Phase 1; repealing the Health Care Authority legislative rule relating to limitation on hospital gross patient revenue; repealing the Health Care Authority legislative rule relating to exemption for rural primary care hospitals”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 586 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-12-1 and §64-12-2, all relating generally to repealing certain legislative, procedural or interpretive rules promulgated by certain agencies, commissions and boards which are no longer authorized or are obsolete; repealing certain legislative rules by certain agencies and commissions under the Department of Military Affairs and Public Safety; repealing the Division of Corrections legislative rule relating to a furlough program for adult inmates; repealing the Division of Corrections legislative rule relating to employment of displaced correctional employees; repealing the Division of Corrections legislative rule relating to parole supervision; repealing the Division of Corrections legislative rule relating to recording of inmate phone calls; repealing the Division of Corrections legislative rule relating to monitoring inmate mail; repealing the Division of Corrections interpretive rule relating to charges assessed against inmates for services provided by state medical co-payment; repealing the Division of Corrections procedural rule relating to inmate grievance procedures; and repealing the Jails and Prison Standards Commission legislative rule relating to minimum standards for construction, operation and management of holding facilities”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 587 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-12-1, §64-12-2 and §64-12-3, all relating generally to repealing certain legislative, procedural or interpretive rules promulgated by certain agencies and boards which are no longer authorized or are obsolete; repealing certain legislative and procedural rule promulgated by certain agencies and boards under the Department of Revenue; repealing the Tax Division legislative rule relating to listing of interests in natural resources for purposes of first statewide appraisal; repealing the Tax Division legislative rule relating to guidelines for assessors to assure fair and uniform nonutility personal property values; repealing the Tax Division legislative rule relating to review by circuit court on certiorari; repealing the Tax Division legislative rule relating to review of appraisals by the county commission sitting as an administrative appraisal review board; repealing the Tax Division legislative rule relating to additional review and implementation of property appraisals; repealing the Tax Division legislative rule relating to review by circuit court on certiorari; repealing the Tax Division legislative rule relating to revision of levy estimates; repealing the Tax Division legislative rule relating to inheritance and transfer tax; repealing the Tax Division legislative rule relating to annual tax on incomes of certain carriers; repealing the Tax Division legislative rule relating to the telecommunications tax; repealing the Tax Division legislative rule relating to tax credit for employing former members of Colin Anderson Center; repealing the Tax Division legislative rule relating to tax credits for new value-added, wood manufacturing facilities; repealing the Tax Division legislative rule relating to tax credits for new steel, aluminum and polymer manufacturing operations; repealing the Tax Division legislative rule relating to the business investment and jobs expansion tax credit, corporation headquarters relocation tax credit and small business tax credit; repealing the Tax Division legislative rule relating to appraisal of property for periodic statewide reappraisals for ad valorem property tax purposes; repealing the Banking Commissioner legislative rule relating to the West Virginia Consumer Credit and Protection Act; repealing the Banking Commissioner procedural rule relating to West Virginia Board of Banking and Financial Institutions; repealing the Office of the Insurance Commissioner legislative rule relating to utilization management; and repealing the Office of the Insurance Commissioner legislative rule relating to Medicare supplement insurance coverage”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 588 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-12-1, relating generally to repealing certain legislative, procedural, or interpretive rules promulgated by certain agencies, boards and commissions which are no longer authorized or are obsolete; repealing certain legislative, procedural and interpretive rules promulgated by certain agencies under the Department of Transportation; repealing the Division of Motor Vehicles legislative rule relating to rules and regulations; repealing the Division of Motor Vehicles legislative rule relating to special permits; repealing the Division of Motor Vehicles legislative rule relating to a safety and treatment program; repealing the Division of Motor Vehicles procedural rule relating to dealer and financial institution applicant or licensee administrative hearings; repealing the Division of Motor Vehicles legislative rule relating to seizure of driver’s license, issuance of the temporary driver’s license; repealing the Division of Motor Vehicles legislative rule relating to the Federal Safety Standards Inspection Program; and repealing the Division of Motor Vehicles interpretive rule relating to dealer issuance of temporary registration plates”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 589 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-12-1, §64-12-2, §64-12-3, §64-12-4, §64-12-5, §64-12-6, §64-12-7, §64-12-8, §64-12-9, §64-12-10 and §64-12-11, all relating generally to repealing certain legislative, legislative exempt, procedural or interpretive rules promulgated by certain miscellaneous agencies, boards and commissions which are no longer authorized or are obsolete; repealing the Department of Agriculture legislative rule relating to tobacco; repealing the Department of Agriculture legislative rule relating to the conduct of beef industry self-improvement assessment program referendums; repealing the Department of Agriculture legislative rule relating to the conduct of beef self-improvement assessment program referendums; repealing the Department of Agriculture legislative rule relating to West Virginia seal of quality; repealing the Department of Agriculture legislative rule relating to aquaculture farm rules; repealing the Department of Agriculture procedural rule relating to the conduct of tree fruit industries self-improvement assessment program referendums; repealing the Cable TV Advisory Board legislative rule relating to franchising procedures; repealing the Cable TV Advisory Board legislative rule relating to implementing regulations; repealing the Cable TV Advisory Board legislative rule relating to calculation and collection of late fee; repealing the Cable TV Advisory Board procedural rule relating to administrative procedures for consumer complaint resolution under the West Virginia Cable TV Systems Act; repealing the Cable TV Advisory Board procedural rule relating to rate regulation procedures; repealing the Cable TV Advisory Board procedural rule relating to form and service of notice under section eight, article eighteen-a, chapter five of this code; repealing the Contractor Licensing Board legislative rule relating to consumer complaints; repealing the Secretary of State legislative rule relating to matters relating to corporations and other business entity filing; repealing the Secretary of State legislative rule relating to matters relating to official election forms and vendor authorization; repealing the Respiratory Care Board legislative rule relating to the procedure for licensure applications; repealing the Attorney General procedural rule relating to freedom of information; repealing the Municipal Bond Commission procedural rule relating to rules of procedure covering board and executive committee meetings of the Municipal Bond Commission; repealing the Housing Development Fund legislative rule relating to refiling of administrative rules pertaining to administration of single-family mortgage loans; repealing the Public Service Commission legislative exempt rule relating to rules and regulations for carrier access to the lines and facilities of other carriers; repealing the Public Service Commission legislative exempt rule relating to rules and regulations for shipper access to the lines and facilities of rail carriers; repealing the Infrastructure and Jobs Development Council procedural rule relating to establishing procedures to provide public notice of date, time, place, agenda and purpose of meetings of the West Virginia Infrastructure and Jobs Development Council and manner in which meetings are to be conducted; and repealing the Water Development Authority procedural rule new procedures in relation to providing public notice of date, time, place and purpose of meetings of the West Virginia Water Development Authority and manner in which meetings are to be conducted”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 590 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-12-1, §64-12-2, §64-12-3, §64-12-4, §64-12-5 and §64-12-6, all relating generally to repealing certain legislative, procedural and interpretive rules promulgated by certain agencies, boards and commissions which are no longer authorized or are obsolete; repealing certain legislative and procedural rules of certain agencies and boards of the Department of Commerce; repealing the Commercial Whitewater Advisory Board legislative rule relating to commercial whitewater outfitters; repealing the Commercial Whitewater Advisory Board procedural rule relating to regulations for open governmental proceedings; repealing the Commissioner of Employment Security legislative rule relating to regulations of the Commissioner of Employment Security; repealing the Commissioner of Employment Security legislative rule relating to implementation of a pilot employment supplemental matching program; repealing the Division of Forestry procedural rule relating to Freedom of Information Act requests; repealing the Division of Labor legislative rule relating to the West Virginia safety code for aerial passenger tramways, lifts and tows; repealing the Division of Labor legislative rule relating to the West Virginia Prevailing Wage Act; repealing the Minimum Wage Rate Board legislative rule relating to the West Virginia Prevailing Wage Act; repealing the Division of Natural Resources legislative rule relating to shoreline camping of government owned reservoir areas in West Virginia; repealing the Division of Natural Resources legislative rule relating to special bear hunting; and repealing the Division of Natural Resources procedural rule relating to rules for open government proceedings”; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Delegate Canterbury offered the following resolution, which was read by its title and referred to the Committee on Health and Human Resources then Rules:
H. C. R. 73 – “Requesting that the Joint Committee on Government and Finance study the funding methodology and process by which at‑risk children and their families receive treatment services.”
Whereas, Residential treatment programs for children are a vital and essential part of a comprehensive continuum of services for at‑risk children and their families; and
Whereas, Residential treatment services have been operating under a highly successful state controlled funding system since 1994, designed to reimburse residential treatment centers for the bundled costs of room, board, and supervision using federal funds received under Title IV‑E of the Social Security Act and to fund treatment using Medicaid funds; and
Whereas, The bundled funding system allows residential treatment centers to specialize in different levels of treatment corresponding to the different levels of treatment needs in the state’s at‑risk youth population and to receive bundled funding based on the level of treatment provided at the respective centers; and
Whereas, The system that the State of West Virginia has developed for funding residential treatment services for at‑risk children has been highly successful in providing a stable and predictable source of funding for quality services; and
Whereas, In recent months, the Department of Health and Human Resources has taken steps to discontinue the bundled funding system and has moved toward implementing a fee‑for‑service model for funding residential treatment of at‑risk children; and
Whereas, The cost to residential treatment centers to provide services to at‑risk children under a fee‑for‑service reimbursement model will be much greater than the cost to provide such services under the current bundled funding system; and
Whereas, An increase in cost for providing services to at‑risk children will render residential treatment centers incapable of providing high quality care to the same number of children that are currently residing at the centers; and
Whereas, A decrease in capacity of in‑state residential treatment centers will result in a greater number of at‑risk children being transferred to residential facilities outside of the state, locating the children far from their families and costing the state substantially more than in‑state placements; and
Whereas, Considering the geographical nature of West Virginia and current economic issues in the state, a lack of funding for residential treatment centers will have a significant impact on local economies in which the centers are located; and
Whereas, Prior to an executive agency making drastic, long lasting changes to the methodology for funding essential services for children, the state’s lawmakers should have the opportunity to fully evaluate the impact of unbundling and un‑leveling services for West Virginia’s at‑risk children, their families, and the companies whose mission it is to serve them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on the optimal funding methods for maintaining a comprehensive continuum of services for at‑risk children in West Virginia that includes community based, in home, foster care, residential treatment, aftercare, and transitional living services; and, be it
Further Resolved, That in conducting this study, the Joint Committee on Government and Finance review the following issues: how to create a longitudinal plan that provides adequate time to develop and implement an effective continuum of comprehensive services for at‑risk children and families while coordinating with West Virginia universities and colleges to address workforce issues; how to reduce the number of children incarcerated in congregate juvenile jails; the financial impact to the state of placing children in residential treatment facilities outside of West Virginia’s borders; the impact that a change in the bundled funding system would have on county boards of education and the Office of Institutional Education; and best practices for accommodating children with various and differing developmental needs, trauma histories, and behavioral symptoms under one state wide system; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Skinner, Caputo, Fluharty, Lynch, Miley, Manchin, Reynolds, Boggs, Moore, P. White and Guthrie:
H. J. R. 45 – “Proposing an amendment to the Constitution of the State of West Virginia amending section fourteen, article VII relating to requiring a vote of sixty percent 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.
Petitions
Delegate Romine presented a petition signed by 2,183 residents urging the return of school prayer; which was referred to the Committee on Education.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates McCuskey, Foster and Hanshaw:
H. B. 4575 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6 and §61-14-7, all relating to laundering and concealment of proceeds from criminal activity; defining terms; creating felony crime of conducting financial transactions involving proceeds of criminal activity; creating felony crime of transporting, transmitting or transferring monetary instruments or property involving proceeds of criminal activity; creating felony crime of concealing monetary instruments or property involving proceeds of criminal activity; providing for penalties; providing for presumptions when law enforcement or persons acting at the direction of law enforcement are involved with proceeds of criminal activity; denying availability of certain defenses; providing for seizure and forfeiture of property or monetary instruments; clarifying conduct that constitutes separate offenses; and setting forth venue for offenses”; to the Committee on the Judiciary.
By Delegates Sobonya, Weld, Azinger, Shott, Marcum, Byrd, Hicks, Fast and Rohrbach:
H. B. 4576 - “A Bill to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for transporting controlled substances into the state; and exempting marihuana from this provision”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Delegates Overington, Folk, Kessinger, Shaffer and Azinger:
H. B. 4577 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-414, relating to use of a firearm during, in relation to, or in furtherance of a violation of the Uniform Controlled Substances Act; creating the felony offense of use or possession of a firearm; providing penalties; clarifying that the offense is separate and distinct from other offenses; denying eligibility for sentencing alternatives; and clarifying the term ‘convicted’”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Delegates Weld, Byrd, Sobonya, B. White, Foster, Moore, Hicks and Perdue:
H. B. 4578 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-414, relating to conspiracy to commit violations of the Uniform Controlled Substances Act; creating the felony offense of conspiracy; providing penalties; establishing a sentencing guideline based upon quantity for certain controlled substances; authorizing the court to make the determination of applicable quantity; and authorizing the aggregation of quantities from all participants and members of the conspiracy”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Delegates Lane, Summers, Hanshaw, Zatezalo, Storch, Manchin, Skinner, Miley, Sobonya, Fluharty and Byrd:
H. B. 4579 - “A Bill to amend and reenact §3-2-4a and §3-2-12 of the Code of West Virginia, 1931, as amended, all relating to voter registration list maintenance and the combined voter registration and driver licensing fund; and providing that under certain circumstances moneys from that fund would be transferred to another fund”; to the Committee on the Judiciary then Finance.
By Delegates R. Smith, Blair, Hill, Faircloth, Ihle and Atkinson:
H. B. 4580 - “A Bill to repeal §30-19-2, §30-19-3, §30-19-4, §30-19-5, §30-19-6, §30-19-7, §30-19-8, §30-19-9, §30-19-10, §30-19-11, §30-19-12, §30-19-13, §30-19-14, §30-19-15, §30-19-16 and §30-19-17 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §19-1A-7; and to amend and reenact §30-19-1 of said code, all relating to terminating the State Board of Registration of Foresters; providing deadlines to wind-up activities of the board; transferring the assets and records of the board to the Division of Forestry; creating a special fund; authorizing rule-making; and providing for the transfer and disposition of board assets and funds”; to the Committee on Government Organization then Finance.
By Delegate Perry:
H. B. 4581 - “A Bill to amend and reenact §18B-1F-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18B-1F-10, all relating to ownership of real property housing BridgeValley Community and Technical College at the West Virginia Education, Research, and Technology Park and membership on the Technology Park corporation's board of directors”; to the Committee on Education then Finance.
By Delegate Perry:
H. B. 4582 - “A Bill to amend and reenact §18B-3C-11 of the Code of West Virginia, 1931, as amended, relating to Bridge Valley Community and Technical College service facility fee assessments at the West Virginia Education, Research and Technology Park; and aligning these fees with the rate charged for the Advanced Technology Center”; to the Committee on Education then Finance.
By Delegates McCuskey, McGeehan, Moffatt, Blair, Foster, Byrd, Fluharty, Weld, B. White and Storch:
H. B. 4583 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-28-1 and §47-28-2, all relating to fantasy games; defining fantasy game; providing that fantasy games are lawful; and exempting fantasy games from regulation”; to the Committee on the Judiciary then Finance.
By Delegate Upson:
H. B. 4584 - “A Bill to amend and reenact §24-2-2 of the Code of West Virginia, 1931, as amended, relating generally to public service districts; prohibiting shifting future development costs onto existing public service district customers”; to the Committee on Government Organization then Finance.
By Delegates Fluharty, Storch, McCuskey, Blair, Miley, Kessinger, Ferro, Hornbuckle, Reynolds, Byrd and Bates:
H. B. 4585 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-25; to amend said code by adding thereto a new section, designated §18-2-41; and to amend said code by adding thereto a new section, designated §18B-2A-9, all relating to establishing the “Stay in State” tax credit against personal income for higher education tuition for certain state residents; creating credit for student loan payments for all in-state community college, college or university undergraduates and their in-state employers against personal income tax; establishing conditions and qualifications for the tax credit; providing methodology for calculating credit; providing for graduate and employer eligibility for payments against student loans for employees; defining terms; and providing that the Board of Education, State Board of Education and governing boards of colleges promotion of the program”; to the Committee on Education then Finance.
By Delegate Cowles:
H. B. 4586 - “A Bill amend and reenact §54-2-4 of the Code of West Virginia, 1931, as amended, relating to representation in condemnation proceedings where a property owner or other party is under a legal disability; requiring representation for protected persons, incarcerated persons and unknown parties; clarifying that the statutory procedures for condemnation actions control; and authorizing payment for representatives”; to the Committee on the Judiciary.
By Delegate Moffatt:
H. B. 4587 - “A Bill to amend and reenact §3-9-19 of the Code of West Virginia, 1931, as amended, relating to violations associated with absent voters’ ballots; providing cleanup language by changing reference of circuit clerk to clerk of county commission; changing gender references and making other changes relating to the language in the misdemeanor provisions of this section”; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Sobonya, Rohrbach, Stansbury, Waxman, Miller, Morgan, Reynolds, Hicks, Perdue and Hornbuckle:
H. B. 4588 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25b, relating to setting certain safety standards for youth lacrosse; and requiring the West Virginia Secondary Schools Activities Commission to adopt certain safety standards for youth lacrosse under certain circumstances”; to the Committee on Health and Human Resources then Education.
By Delegate Manchin:
H. B. 4589 - “A Bill to amend and reenact §64-10-3 of the Code of West Virginia, 1931, as amended, relating to reauthorizing, with amendment, the legislative rule contained in title twenty-eight, series two of the Code of State Rules relating to the Contractors Licensing Act (28 CSR 2); and modifying the definition of remodeling and repair contractor”; to the Committee on the Judiciary.
By Delegate Walters:
H. B. 4590 - “A Bill to amend and reenact §46A-4-101 and §46A-4-107 of the Code of West Virginia, 1931, as amended, all relating to the requirements for making regulated consumer loans; clarifying authority to take assignment or undertake certain actions to collect or enforce a regulated consumer loan; and adjusting finance charge rate brackets”; to the Committee on Banking and Insurance then Finance.
By Delegate Lane:
H. B. 4591 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-1007, relating to prohibiting the Department of Health and Human Resources from discontinuing the bundled service funding and reimbursement system for residential treatment of at-risk children”; to the Committee on Health and Human Resources then Finance.
By Delegates McGeehan, Ihle, Kelly and Folk:
H. B. 4592 - “A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to the hunting of coyotes; permitting year-round hunting of coyotes using artificial light or night vision technology and permitting hunting of coyotes at any hour”; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Cooper, Fleischauer, Manchin, Pushkin, Perdue, Moore, Campbell, Bates, Faircloth, Rodighiero and Skinner:
H. B. 4593 - “A Bill to amend and reenact §33-15-2a and §33-15-4, of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto three new sections designated §33-15-4m, §33-15-20a and §33-15-22, all related to defining surprise bills and health care providers, adding new disclosure requirements for health care providers, hospitals and insurers, adding the requirement that insurers develop an access plan for consumers, and establishing how surprise bills are to be handled in certain circumstances”; to the Committee on Banking and Insurance then Health and Human Resources.
By Delegates Howell, Sponaugle, Cadle, Hartman, Morgan, Blair, Hamilton and Butler:
H. B. 4594 - “A Bill to amend and reenact §30-21-7 of the Code of West Virginia, 1931, as amended, relating to predoctoral psychology internship qualifications; and requiring that in order to be eligible for a license to engage in the practice of psychology, an applicant with a doctor of philosophy degree or its equivalent must have at least one thousand eight hundred hours from a doctoral internship”; to the Committee on Health and Human Resources then Government Organization.
By Delegates Perry, Campbell, Lynch, Reynolds, Folk, Moore, Kessinger, Cooper, Ambler, Perdue and Miller:
H. B. 4595 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-23, relating to the State Board Of Education; requiring the board to develop a county plan to use funds designated for the support of isolated schools without reducing other funds the boards would use for the isolated schools; and providing that these schools continue to receive this classification and funding until the State Board of Education conducts a public hearing or administrative proceeding to determine why the schools should not be considered "isolated”;" to the Committee on Education then Finance.
By Delegate R. Smith:
H. B. 4596 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2 and §11-28-3, all relating to creating a five-year tax credit for businesses locating on post-mine sites; defining terms; setting eligibility requirements for credit; establishing the amount of tax credit allowed; and establishing how credit may be applied”; to the Committee on Energy then Finance.
By Delegates Fleischauer, P. Smith, Shaffer, Caputo, Morgan, Lynch, Ferro, Faircloth, Moffatt, Pushkin and Eldridge:
H. B. 4597 - “A Bill to amend and reenact §30-27-5 of the Code of West Virginia, 1931, as amended, relating to expanding duties of Board of Barbers and Cosmetologists to permit students to perform acts of public service, including practicing their craft at temporary off-site events”; to the Committee on Government Organization.
By Delegates Rowe, Pushkin, Sobonya, Miller, Hornbuckle, Moore, Perry, Fluharty, B. White, Guthrie and Fleischauer:
H. B. 4598 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections designated as §16-1-16 and §16-1-16a, all relating to social determinants of health; establishing the Minority Health Advisory Team including its composition and duties; authorizing a Community Health Equity Initiative Demonstration Project; authorizing the Commissioner of the Bureau for Public Health to establish a Community Health Equity Initiative Demonstration Project; establishing eligibility requirements; providing for the administration of the demonstration project; establishing requirements for a demonstration project plan and the selection of communities for participation; establishing reporting requirements; and establishing the date on which the demonstration project terminates”; to the Committee on Health and Human Resources then Finance.
By Delegates Skinner, Fleischauer, Campbell, Guthrie, Fluharty, Miley, Manchin, Reynolds, P. White, Eldridge and Byrd:
H. B. 4599 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, relating to extending the statute of limitations in personal actions for damages for victims of criminal actions”; to the Committee on the Judiciary.
By Delegates Skinner, Fleischauer, Perry, Guthrie, Miley, Manchin, Reynolds, P. White, Campbell, Eldridge and Byrd:
H. B. 4600 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-2-12a, relating to limitations of actions and suits; providing civil actions for damages due to sexual abuse; and designating this as the "Child Victims Act"“; to the Committee on the Judiciary.
By Delegate Upson:
H. B. 4601 - “A Bill to amend and reenact §48-9-206 of the Code of West Virginia, 1936, as amended, relating to court ordered allocation of custodial responsibility of children; and providing that the court to allocate time equally between parents, unless equal custody is not consistent with the best interest of the child”; to the Committee on the Judiciary.
By Delegates Sobonya, Rohrbach, Miller, Border, D. Evans, Cooper, Ambler, Waxman, B. White, Statler and Summers:
H. B. 4602 - “A Bill to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto three new sections, designated §60A-4-414, §60A-4-415 and §60A-4-416; relating to mandatory minimum sentences for trafficking drugs into the state and for other drug offenses; increasing period of ineligibility for parole for certain violations of possession or distribution of controlled substances and establishing applicable conditions; increasing period of ineligibility for parole for transporting certain controlled substances into the state and establishing applicable conditions; prohibiting application of alternative sentences; providing an exception to the mandatory minimums; increasing the penalties for transporting controlled substances into the state; establishing a penalty for conspiracy; establishing a penalty for attempt; and establishing a penalty for possession or use of a firearm in furtherance of a drug transaction”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Delegates Walters and Frich:
H. B. 4603 - “A Bill to amend and reenact §46A-2-121 of the Code of West Virginia, 1931, as amended, relating to unconscionability and fraudulent conduct”; to the Committee on the Judiciary.
By Delegates Householder, Mr. Speaker (Mr. Armstead), Kessinger, Upson, Shott, Folk and Lane:
H. B. 4604 - “A Bill to amend and reenact §6B-2-4 of the Code of West Virginia, 1931, as amended, relating to violations of the Ethics Act; changing the burden of proof needed to show a violation of the Ethics Act to a preponderance of evidence standard; and, extending the statute of limitations for filing complaints alleging violations of the Ethics Act from two years to five years”; to the Committee on the Judiciary.
By Delegates Kessinger, Mr. Speaker (Mr. Armstead), Shott, Householder, Upson, Lane and Folk:
H. B. 4605 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-10f, relating to the disclosure of interested parties to a government contract; defining terms; prohibiting contracting with a state agency unless business entity submits disclosure of interested parties; requiring submission of supplemental disclosure within thirty days of completion or termination of the contract; providing exceptions to the disclosure requirement for certain contracts; requiring the Ethics Commission create disclosure form; specifying contents to be included in the disclosure form; requiring state agencies to submit completed forms to the Ethics Commission; requiring the Ethics Commission to make disclosures publicly available; and requiring the Ethics Commission to post disclosures on the commission website when technologically able”; to the Committee on the Judiciary.
By Delegates Upson, Mr. Speaker (Mr. Armstead), Lane, Kessinger, Shott, Householder and Folk:
H. B. 4606 - “A Bill to amend and reenact §6B-2-5 of the Code of West Virginia, 1931, as amended, relating to the recusal of public officials from voting for appropriation of moneys to nonprofit entities; requiring public officials, except members of the Legislature, to recuse themselves from voting on the appropriation of moneys or award of contract to a nonprofit corporation if the public official or an immediate family member is employed by or an officer or board member of the nonprofit, whether compensated or not”; to the Committee on the Judiciary.
Special Calendar
Third Reading
Com. Sub. for H. B. 3019, Requiring official business and records of the state and its political subdivisions be conducted in English; 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. 85), and there were--yeas 95, nays 4, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Fleischauer, Moore, Pushkin and Skinner.
Absent and Not Voting: Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3019) 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. 4209, Relating generally to health care provider taxes; 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. 86), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Sponaugle.
Absent and Not Voting: Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4209) passed.
Delegate Cowles moved that the bill take effect July 1, 2016.
On this question, the yeas and nays were taken (Roll No. 87), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Reynolds.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4209) takes effect July 1, 2016.
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. 4291, Increasing penalties for teachers who commit sexual offenses against children; 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. 88), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 4291) 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. 4323, Relating to the reporting of emergency incidents by well operators and pipeline operators; on third reading, coming up in regular order, was read a third time.
The Speaker reminded the Members that yesterday Speaker Pro Tempore Anderson ruled that any impact on him would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse him from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 89), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Azinger and McGeehan.
Absent and Not Voting: Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4323) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4347, Providing pregnant women priority to substance abuse treatment; 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. 90), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Azinger and McGeehan.
Absent and Not Voting: Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4347) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4378, Relating to access to and receipt of certain information regarding a protected person by certain relatives of the protected person; 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. 91), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent and Not Voting: Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4378) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4417, Increasing wages protected from garnishment; 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. 92), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4417) 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
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2904, Requiring the clerk of a county commission to maintain a county ordinance book,
And,
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.
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; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Perry and Espinosa, the bill was amended on page two, subsection (d), following line nineteen, by adding “Every effort shall be made to maintain the confidentiality of sensitive financial documents.”
The bill was then ordered to engrossment and third reading.
First Reading
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for S. B. 146, Establishing instruction standards for early childhood education,
Com. Sub. for S. B. 150, Authorizing Department of Transportation promulgate legislative rules,
Com. Sub. for S. B. 309, Relating to child-care center licensing and exempting county parks and recreation from licensure,
Com. Sub. for S. B. 369, Reducing legislative education reporting requirements,
Com. Sub. for H. B. 2474, Relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind,
Com. Sub. for H. B. 2852, Relating to legalizing and regulating the sale and use of fireworks,
Com. Sub. for H. B. 4013, Requiring a person desiring to vote to present documentation identifying the voter,
Com. Sub. for H. B. 4053, Department of Environmental Protection, Air Quality, rule relating to the control of annual nitrogen oxide emissions,
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,
H. B. 4159, Making a supplementary appropriation to the Public Services Commission – Motor Carrier Division,
Com. Sub. for H. B. 4213, Uniform Deployed Parents Custody and Visitation Act,
Com. Sub. for H. B. 4261, Prohibiting the sale or transfer of student data to vendors and other profit making entities,
H. B. 4359, Requiring the issuance of a photo identification to persons employed as a security guard by a security guard firm,
H. B. 4499, Relating to certain persons who have been disqualified or excused from jury service,
And
Com. Sub. for H. B. 4520, Clarifying that certain hospitals have only one governing body whose meetings shall be open to the public.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegates Reynolds.
Miscellaneous Business
Delegate Frich filed forms with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 4377, H. B. 4543, H. B. 4551 and H. B. 4576.
At 12:54 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 18, 2016.