__________*__________
Saturday, February 20, 2016
THIRTY-NINETH DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 19, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 4466, Relating to public school support,
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. 4466) was referred to the Committee on Finance.
Delegate Storch, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4587, Relating to violations associated with absent voters’ ballots,
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. 4587) was referred to the Committee on the Judiciary.
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. 4246, Changing the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library,
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. 4246) 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. 4542, Allowing persons with property within rural fire protection districts to opt out of fire protection coverage,
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. 4542) was referred to the Committee on the Judiciary.
Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4563, Reauthorizing the Neighborhood Investment Program Act,
And,
H. B. 4580, Terminating the State Board of Registration of Foresters,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 4563 and H. B. 4580) were each referred to the Committee on Finance.
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. 4256, Creating the Uniform Real Property Electronic Recording Act,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4256) was referred to the Committee on the Judiciary.
On motions for leave, resolutions were introduced (Originating in the Committee on Government Organization and reported with the recommendation that they be adopted but that they each be referred to the Committee on Rules), which were read by their titles, as follows:
By Delegates Howell, Arvon, Atkinson, Blair, Cadle, Caputo, Faircloth, Ferro, Flanigan, Hartman, Hill, Ihle, Lynch, McGeehan, Moffatt, J. Nelson, Pushkin, R. Smith, Sponaugle and Stansbury:
H. C. R. 78 - “Requesting the Joint Committee on Government and Finance study professional and occupational licensing boards,”
Whereas, The Supreme Court of the United States has ruled that state licensing boards comprised of a majority of market participants do not enjoy automatic immunity from antitrust laws; and
Whereas, The Legislature is committed to promoting public safety through the reasonable regulation of professions and occupations and reviewing those requirements to insure they protect the public; and
Whereas, Certain levels of professional expertise on professional and occupational boards helps promote public safety through the detailed understanding of professional practices, industry standards and emerging trends among the various professions and occupations; and
Whereas, The Legislature is committed to preventing the overregulation of markets by unwarranted influences of market participants and protectionist anti-free market pressures; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study professional and occupational licensing boards; 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 and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
By Delegates Howell, Arvon, Atkinson, Blair, Cadle, Caputo, Faircloth, Ferro, Flanigan, Hartman, Hill, Ihle, Lynch, McGeehan, Moffatt, J. Nelson, Pushkin, R. Smith, Sponaugle and Stansbury:
H. C. R. 79 - “Requesting the Joint Committee on Government and Finance study state agency websites, the processes, policies, and contracts for entities which provide technical and logistical support for agency website development and maintenance, and the laws and policies governing the electronic accessibility of public information,”
Whereas, The Legislature is committed to promoting an open, transparent and fiscally responsible government; and
Whereas, The Legislature recognizes that a government that is accessible to the people is necessary and proper, promotes transparency in government, facilitates civic participation, and such participation leads to a responsive and responsible government; and
Whereas, Government agencies provide access to information in a variety of formats on a variety of platforms, with assistance, advice, and technical support for website development and maintenance from a variety of sources, resulting in a lack of consistency among state agency websites; and
Whereas, State standards that are clear regarding what information is to be made available to the public, on what formats and in what manner, the Legislature should review the polices, rules and laws regarding how agencies provide access to information so that access is reasonable, accurate and not duplicative, Therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study state agency websites, the processes, policies, and contracts for entities which provide technical and logistical support for agency website development and maintenance, and the laws and policies governing the electronic accessibility of public information; 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 Office of Technology, the offices of the State Treasurer, the State Auditor, the Secretary of State, the Department of Administration and the Department of Commerce shall cooperate with the Legislature and provide information, access to personnel and access to all records necessary to effectuate the provisions of this study; and, be it
Further Resolved, That the expenses necessary to conduct this study and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which were referred to the Committee on Rules.
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. 4315, Relating to air-ambulance fees for emergency treatment or air transportation.
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
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. 2823, Eliminating the street and interurban and electric railways tax,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 2823 - “A Bill to amend and reenact §11-13-2d of the Code of West Virginia, 1931, as amended, relating to eliminating a certain tax on persons engaging or continuing within this state in the service or business of street and interurban and electric railways,”
With the recommendation that the committee substitute do pass.
Delegate McCuskey, Chair of the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 19th day of February, 2016, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 123), Treatment for sexually transmitted diseases,
(S. B. 261), Bringing state code relating to daylight saving time in conformity with federal code,
And,
(Com. Sub. for S. B. 15), Adopting learned intermediary doctrine as defense to civil action due to inadequate warnings or instructions.
Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 341, Expiring funds from Insurance Commissioner, Examination Revolving Fund and Insurance Commission Fund to State Fund, General Revenue,
Com. Sub. for S. B. 449, Supplemental appropriation from State Fund, General Revenue to Department of Administration, Public Defender Services,
Com. Sub. for S. B. 450, Supplemental appropriation from State Fund, General Revenue to DHHR, Division of Health,
And,
S. B. 451, Supplemental appropriation from State Fund, General Revenue to Department of Military Affairs,
And reports the same back with the recommendation that they each do pass.
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. 4554, Allowing an increase of gross weight limitations on certain roads in Greenbrier County,
And,
H. B. 4561, Creating a special hiring process for West Virginia Division of Highways employees,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bills (H. B. 4554 and H. B. 4561) were each referred to the Committee on Government Organization.
Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4196, Relating to abandoned antique vehicles,
And,
H. B. 4530, Exempting taxicab companies whose drivers are independent contractors, from providing workers' compensation coverage for the drivers,
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 bills (H. B. 4196 and H. B. 4530) were each referred to the Committee on the Judiciary.
Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 351, Dedicating severance tax proceeds,
And,
S. B. 462, Reducing deposit of excess lottery proceeds into WV Infrastructure Fund,
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. 2897, Young Entrepreneur Reinvestment Act,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 2897 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §59-1-2c, relating to creating Young Entrepreneur Reinvestment Act; waiving certain fees for individuals under thirty creating certain business organizations, and expire the waiver of those fees,”
With the recommendation that the committee substitute do pass.
Delegate Ireland, Chair of the Committee on Energy, submitted the following report, which was received:
Your Committee on Energy has had under consideration:
H. B. 4500, Oil and Gas Royalty Payment and Transparency Act of 2016,
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. 4500) was referred to the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Energy and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Ireland, Fast, Anderson, Zatezalo, R. Smith, J. Nelson, Cadle and Phillips:
H. B. 4639 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-7-2a, relating to concurrent mineral estates; establishing a method for the simple majority of mineral interest owners in a tract to develop their interests without committing waste; setting forth accrual and disbursement requirements to minority owners; and setting forth legislative intent.”
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. 4566, Relating to school personnel,
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. 4566) 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. 2713, Providing taxpayers repaying their own student loans a modification reducing federal adjusted gross in the amount of the interest paid,
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. 2713) was referred to the Committee on Finance.
Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 419, Relating to termination of Workers' Compensation Debt Reduction Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Select Committee Reports
Delegate Stansbury, 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. 4183, Relating generally to reporting opioid overdoses,
And,
H. B. 4480, Addiction Treatment Act of 2016,
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 Health and Human Resources.
In accordance with the former direction of the Speaker, the bills (H. B. 4183 and H. B. 4480) were each referred to the Committee on Health and Human Resources.
Delegate Stansbury, 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. 4221, Relating to the administration of an opioid antagonist
And,
H. B. 4293, Relating to the West Virginia Controlled Substances Monitoring Program database,
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. 4221 and H. B. 4293) were each referred to the Committee on the Judiciary.
Delegate Stansbury, 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. 4044, Ryan Brown Addiction Prevention and Recovery Fund Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4044) was referred to the Committee on Finance.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage a bill of the House of Delegates as follows:
H. B. 4148, Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4158, Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia – Workforce Investment Act.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4244, Eliminating the need for a public hearing when no objection is filed on an application from an out of state state-chartered credit union to establish a branch in West Virginia.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4245, Requiring the cashier or executive officer of a banking institution to provide shareholders with the institution’s most recent year-end audited financial statement.
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. 54 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9o, relating generally to altering way tax is collected on homeowners’ associations; exempting from consumers sales and service tax liability dues, fees and assessments paid by members to homeowners’ associations when used by the homeowners’ association for payment of common expenses; taxable expenses of homeowners’ association; and definitions”; 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. 293 - “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 Neighborhood Investment Program Act; reauthorizing act until July 1, 2021; defining terms “community based” and “emergency assistance”; modifying definition of “economically disadvantaged area”; reducing frequency of required project transferee reports; reducing number of required advisory board meetings; reducing 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 requirement that Tax Commissioner annually publish addresses of taxpayers who claim the credit; and reducing frequency of program assessments by the director”; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2016, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 313 - “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to school calendar; allowing limited use of available accrued instructional time when not possible to complete one hundred eighty separate instructional days in certain instances; requiring emergency rule if necessary; and removing obsolete effective date provision”; 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. 434 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-35-5, relating to permitting sale of home-based, micro-processed foods at farmers markets; requiring seventy percent from vendor’s garden or farm; requiring recordkeeping and labeling; clarifying foods requiring permit and exempted foods; establishing permit requirements and limitations; setting for permit inspections and fees; and limiting sales to seven hundred fifty units per year”; which was referred to the Committee on Agriculture and Natural Resources then Health and Human Resources.
Petitions
Delegates Caputo, Longstreth and Manchin presented a petition signed by residents of Marion County requesting the Governor and Legislature increase the amount of state funds allocated to PEIA; which was referred to the Committee on Finance.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Mr. Speaker (Mr. Armstead), Sobonya, Kurcaba, Hanshaw, Overington, Hamrick, Kessinger, Gearheart and Shott:
H. B. 4625 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-23-30; to amend said code by adding thereto a new section, designated §29-22-31; to amend said code by adding thereto a new section, designated §29-22A-20; and to amend said code by adding thereto a new section, designated §29-22C-35, all relating to redirecting certain racing and gaming revenues from greyhound development funds to the State Road Fund”; to the Committee on Finance.
By Delegate Cowles:
H. B. 4626 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-4a, relating to providing a safe harbor valuation for the measure of tax upon limestone and sandstone quarried or mined for purposes of the West Virginia Severance and Business Privilege Tax”; to the Committee on Finance.
By Delegates Kessinger, Arvon, Hill, Foster, Stansbury, Blair, Fluharty, McCuskey, Summers, Hamrick and R. Smith:
H. B. 4627 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-1-5, relating to creating a digital learning pilot project; establishing a purpose; establishing goals; establishing objectives; establishing key components of the pilot project; establishing qualifications; and establishing a deadline”; to the Committee on Education.
By Delegates Kessinger, Perry, Arvon, Hill, Stansbury, Fluharty, McCuskey, Sobonya, Summers, Border and Hamrick:
H. B. 4628 - “A Bill to amend and reenact §18-5-9 of the Code of West Virginia, 1931, as amended, relating to requiring county boards of education to conduct regular structural inspections of school facilities and structures; and requiring boards to a establish schedule of rotating inspections for all schools every ten years”; to the Committee on Education.
By Delegate Foster:
H. B. 4629 - “A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to establishing that an employee’s termination from employment for testing positive on a drug or alcohol test lawfully required by the employer disqualifies that employee for benefits”; to the Committee on the Judiciary.
By Delegates Lane and Shott:
H. B. 4630 - “A Bill to amend and reenact §6B-3-7 of the Code of West Virginia, 1931, as amended, relating to lobbyist duties and prohibitions; prohibiting a lobbyist from contributing money to candidates for Governor, Board of Public Works, State Senate or House of Delegates; extending that prohibition to the lobbyist’s spouse and dependent children; and providing exceptions”; to the Committee on the Judiciary.
By Delegates Shaffer, Lynch, Ambler, P. White, Phillips, Westfall and Stansbury:
H. B. 4631 - “A Bill to amend and reenact §20-2-60 of the Code of West Virginia, 1931, as amended, relating to requiring a hunting blind which is used during firearm deer season to have at least one hundred square inches of fluorescent orange on top of the blind”; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Manchin, Skinner, Hamilton, Miley and P. Smith:
H. B. 4632 - “A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to providing a six month term for the four new circuit judges by gubernatorial appointment prior to the beginning of the regular eight year term”; to the Committee on the Judiciary.
By Delegates Eldridge, Ambler, Skinner, P. White, Butler, J. Nelson, Phillips, Marcum, B. White, Storch and Summers:
H. B. 4633 - “A Bill to amend and reenact §49-4-720 and §49-4-722 of the Code of West Virginia, 1931, as amended, all relating to requiring the Division of Juvenile Services to transfer to a correctional facility or regional jail any juvenile in its custody that has been transferred to adult jurisdiction of the circuit court and who reaches his or her eighteenth birthday; requiring transfer of juvenile in adult jurisdiction upon reaching eighteen years of age if he or she has either been convicted or is in a pretrial status; directing the Division of Juvenile Services to notify the circuit court of the age of a juvenile reaching the age of eighteen years of age; authorizing the circuit court to conduct a hearing as to alternative placement; mandating that the position of victim be taken under consideration by the court in considering disposition or alternative placement; prohibiting juveniles that commit an adult offense while under the custody of the Division of Juvenile Services from returning back to the placement in a juvenile facility if the juvenile has attained the age of eighteen years; and requiring the court to conduct a hearing as to placement of a juvenile that has turned eighteen years of age and is remanded back to the custody of the Division of Juvenile Services after completion of an adult sentence”; to the Committee on the Judiciary.
By Delegates Canterbury, Phillips, R. Smith, Householder, Kessinger, Arvon, Bates, Moye, J. Nelson, O'Neal and D. Evans:
H. B. 4634 - “A Bill to amend and reenact §11-13-2o of the Code of West Virginia, 1931, as amended, relating to increasing the tax on generating units in this state owned or leased by the taxpayer; providing a credit on the tax increase based upon megawatt hours generated above sixty percent of the rated capacity of the plant and placing a cap on the credit; designating amendments to this section the “Coal Jobs and Revenue Stabilization Act” with definitions”; to the Committee on Finance.
By Delegate Rohrbach:
H. B. 4635 - “A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to a per-credit-hour tuition for community and technical colleges”; to the Committee on Education then Finance.
By Delegate Shott:
H. B. 4636 - “A Bill to amend and reenact §6C-1-6 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for violating the Whistle-blower Law; increasing the civil fine; removing the authority of the court to suspend a person from public service; authorizing discipline by the person’s employer upon a finding of violation by the court; and authorizing termination from employment as a potential discipline”; to the Committee on the Judiciary.
By Delegates Rowe, Walters, Skinner, Bates, Guthrie and Manchin:
H. B. 4637 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-13-49, relating to requiring insurers of policies providing for payments on death of a named insured to review databases to determine if insured has died and to require due diligence to inform beneficiaries or others of availability of death proceeds”; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Summers and Shott:
H. B. 4638 - “A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to truancy intervention, and defining excused and unexcused absences”; to the Committee on the Judiciary.
Special Calendar
Third Reading
Com. Sub. for S. B. 14, Limiting successor corporation asbestos-related liabilities; 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. 117), and there were--yeas 70, nays 11, absent and not voting 19, with the nays and absent and not voting being as follows:
Nays: Caputo, Fluharty, Guthrie, Hornbuckle, Lynch, Moye, Perdue, Perry, Pushkin, Shaffer and Walters.
Absent and Not Voting: Blair, Border, Campbell, Cowles, Deem, Eldridge, Ellington, Ferro, Flanigan, Fleischauer, Kurcaba, Lane, Manchin, Marcum, Moffatt, Moore, Skinner, Storch and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 14) 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 S. B. 146, Establishing instruction standards for early childhood education; 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. 118), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Border, Campbell, Cowles, Deem, Ellington, Ferro, Flanigan, Fleischauer, Gearheart, Kurcaba, Lane, Manchin, Marcum, Moffatt, Moore, Skinner, Storch and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 146) passed.
Delegate Miller moved that the bill take effect July 1, 2016.
On this question, the yeas and nays were taken (Roll No. 119), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Border, Campbell, Cowles, Deem, Ellington, Ferro, Flanigan, Fleischauer, Gearheart, Kurcaba, Lane, Manchin, Marcum, Moffatt, Moore, Skinner, Storch and Westfall.
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 S. B. 146) 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. 4040, Regulating step therapy protocols in health benefit plans; 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. 120), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Border, Campbell, Cowles, Deem, Ellington, Ferro, Flanigan, Fleischauer, Kurcaba, Lane, Manchin, Marcum, Moffatt, Moore, Skinner, Storch and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4040) 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. 4053, Department of Environmental Protection, Air Quality, rule relating to the control of annual nitrogen oxide emissions; 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. 121), and there were--yeas 77, nays 5, absent and not voting 18, with the nays and absent and not voting being as follows:
Nays: Fluharty, Folk, McGeehan, Perdue and Pushkin.
Absent and Not Voting: Blair, Border, Campbell, Cowles, Deem, Ellington, Ferro, Flanigan, Fleischauer, Kurcaba, Lane, Manchin, Marcum, Moffatt, Moore, Skinner, Storch and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4053) 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. 4060, Relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety; 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. 122), and there were--yeas 80, nays 1, absent and not voting 19, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent and Not Voting: Blair, Border, Campbell, Cowles, Deem, Ellington, Ferro, Flanigan, Fleischauer, Kurcaba, Lane, Manchin, Marcum, Moffatt, Moore, Skinner, P. Smith, Storch and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4060) passed.
Delegate Miller moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 123), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Border, Campbell, Cowles, Deem, Ellington, Ferro, Flanigan, Fleischauer, Kurcaba, Lane, Manchin, Marcum, McCuskey, Moffatt, Moore, Skinner, Storch and Westfall.
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. 4060) takes effect from its passage.
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. 4080, Department of Veterans’ Assistance, rule relating to VA headstones or markers; 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. 124), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Border, Campbell, Cowles, Deem, Ellington, Ferro, Flanigan, Fleischauer, Kurcaba, Lane, Manchin, Marcum, Moffatt, Moore, Skinner, Storch and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4080) passed.
Delegate Miller moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 125), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Border, Campbell, Cowles, Deem, Ellington, Ferro, Flanigan, Fleischauer, Kurcaba, Lane, Manchin, Marcum, McCuskey, Moffatt, Moore, Skinner, Storch and Westfall.
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. 4080) takes effect from its passage.
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. 4521, Modifying the requirements that allow a child witness to testify by closed circuit television; 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. 126), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Border, Campbell, Cowles, Deem, Ellington, Ferro, Flanigan, Fleischauer, Kurcaba, Lane, Manchin, Marcum, Moffatt, Moore, Skinner, Storch and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4521) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
Com. Sub. for S. B. 7, Establishing wrongful conduct rule prohibiting recovery of damages in certain circumstances; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
“That §55-7-13d of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §55-7B-5 of said code be amended and reenacted, all to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-13d. Determination
of fault; imputed fault; plaintiff’s involvement in felony criminal act;
when plaintiff’s criminal conduct bars recovery; burden of proof; damages;
stay of action; limitations; applicability; severability.
(a) Determination of fault of parties and nonparties.
(1) In assessing percentages of fault, the trier of fact shall consider the fault of all persons who contributed to the alleged damages regardless of whether the person was or could have been named as a party to the suit;
(2) Fault of a nonparty
shall be considered if the plaintiff entered into a settlement agreement with
the nonparty or if a defending party gives notice no later than one
hundred-eight one hundred eighty days after service of process upon
said defendant that a nonparty was wholly or partially at fault. Notice shall
be filed with the court and served upon all parties to the action designating
the nonparty and setting forth the nonparty’s name and last-known address, or
the best identification of the nonparty which is possible under the
circumstances, together with a brief statement of the basis for believing such
nonparty to be at fault;
(3) In all instances where a nonparty is assessed a percentage of fault, any recovery by a plaintiff shall be reduced in proportion to the percentage of fault chargeable to such nonparty. Where a plaintiff has settled with a party or nonparty before verdict, that plaintiff’s recovery will be reduced in proportion to the percentage of fault assigned to the settling party or nonparty, rather than by the amount of the nonparty or party’s settlement;
(4) Nothing in this section is meant to eliminate or diminish any defenses or immunities, which exist as of the effective date of this section, except as expressly noted herein;
(5) Assessments of percentages of fault for nonparties are used only as a vehicle for accurately determining the fault of named parties. Where fault is assessed against nonparties, findings of such fault do not subject any nonparty to liability in that or any other action, or may not be introduced as evidence of liability or for any other purpose in any other action; and
(6) In all actions involving fault of more than one person, unless otherwise agreed by all parties to the action, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating the percentage of the total fault that is allocated to each party and nonparty pursuant to this article. For this purpose, the court may determine that two or more persons are to be treated as a single person.
(b) Imputed fault. — Nothing in this section may be construed as precluding a person from being held liable for the portion of comparative fault assessed against another person who was acting as an agent or servant of such person, or if the fault of the other person is otherwise imputed or attributed to such person by statute or common law. In any action where any party seeks to impute fault to another, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, on the issue of imputed fault.
(c) Plaintiff’s
involvement in felony criminal act When plaintiff’s criminal
conduct bars recovery. — In any civil action, a defendant is not
liable for damages that the plaintiff suffers as a result of the negligence or
gross negligence of a defendant if such damages arise out of the plaintiff’s
commission, attempt to commit or fleeing from the commission of a felony
criminal act: Provided, That the plaintiff has been convicted of such felony,
or if deceased, the jury makes a finding that the decedent committed such
felony. a person or person’s legal representative who asserts a claim
for damages may not recover if:
(1) Such damages arise out of the person’s commission, attempted commission, or immediate flight from the commission or attempted commission of a felony; and
(2) That the person’s damages were suffered as a proximate result of the commission, attempted commission, or immediate flight from the commission or attempted commission of a felony.
(d) Burden of proof. — The burden of alleging and proving comparative fault shall be upon the person who seeks to establish such fault. The burden of alleging and proving the defense set forth in subsection (c) of this section shall be upon the person who seeks to assert such defense: Provided, That in any civil action in which a person has been convicted or pleaded guilty or no contest to a felony, the claim shall be dismissed if the court determines as a matter of law that the person’s damages were suffered as a proximate result of the felonious conduct to which the person pleaded guilty or no contest, or upon which the person was convicted.
(e) Damages. — For purposes of this section “damages” includes all damages which may be recoverable for personal injury, death, or loss of or damage to property, including those recoverable in a wrongful death action.
(f) Stay of action. — Any civil action in which the defense set forth in subsection (c) is asserted shall be stayed by the court on the motion of the defendant during the pendency of any criminal action which forms the basis of the defense, including appeals, unless the court finds that a conviction in the criminal action would not constitute a valid defense under subsection (c).
(e)(g) Limitations. — Nothing in this section
creates a cause of action. Nothing in this section alters, in any way, the
immunity of any person as established by statute or common law.
(f)(h) Applicability. — This section applies to
all causes of action arising or accruing on or after the effective date of its
enactment. The amendments to this section enacted during the 2016 session of
the Legislature shall apply to all causes of action accruing on or after the
effective date of those amendments.
(g)(i) Severability. — The provisions of this
section are severable from one another, so that if any provision of this
section is held void, the remaining provisions of this section shall remain valid.
Article 7B. Medical Professional Liability.
§55-7B-5. Health care actions; complaint; specific amount of damages not to be stated; limitation on bad faith claims; filing of first party bad faith claims; when plaintiff’s criminal conduct bars recovery.
(a) In any medical professional liability action against a health care provider no specific dollar amount or figure may be included in the complaint, but the complaint may include a statement reciting that the minimum jurisdictional amount established for filing the action is satisfied. However, any party defendant may at any time request a written statement setting forth the nature and amount of damages being sought. The request shall be served upon the plaintiff who shall serve a responsive statement as to the damages sought within thirty days thereafter. If no response is served within the thirty days, the party defendant requesting the statement may petition the court in which the action is pending to order the plaintiff to serve a responsive statement.
(b) Notwithstanding any other provision of law, absent privity of contract, no plaintiff who files a medical professional liability action against a health care provider may file an independent cause of action against any insurer of the health care provider alleging the insurer has violated the provisions of subdivision (9), section four, article eleven, chapter thirty-three of this code. Insofar as the provisions of section three, article eleven, chapter thirty-three of this code prohibit the conduct defined in subdivision (9), section four, article eleven, chapter thirty-three of this code, no plaintiff who files a medical professional liability action against a health care provider may file an independent cause of action against any insurer of the health care provider alleging the insurer has violated the provisions of said section three.
(c) No health care provider may file a cause of action against his or her insurer alleging the insurer has violated the provisions of subdivision (9), section four, article eleven, chapter thirty-three of this code until the jury has rendered a verdict in the underlying medical professional liability action or the case has otherwise been dismissed, resolved or disposed of.
(d) No action related to the prescription or dispensation of controlled substances may be maintained against a health care provider pursuant to this article by or on behalf of a person whose damages arise as a proximate result of a violation of the Uniform Controlled Substances Act, as set forth in chapter sixty-a of this code, the commission of a felony, a violent crime which is a misdemeanor, or any other state or federal law related to controlled substances: Provided, That an action may be maintained pursuant to this article if the plaintiff alleges and proves by a preponderance of the evidence that the health care provider dispensed or prescribed a controlled substance or substances in violation of state or federal law, and that such prescription or dispensation in violation of state or federal law was a proximate cause of the injury or death.”
The bill was then ordered to third reading.
S. B. 509, Removing 10-day requirement Division of Labor has to inspect amusement rides and attractions; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
“ARTICLE 10. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY ACT.
§21-10-6. Permits; application; annual inspection.
No operator or owner may
knowingly permit the operation of an amusement ride or amusement attraction
without a permit issued by the division. Each year, and at least fifteen days
before the first time the amusement ride or amusement attraction is made available
in this state for public use, an operator or owner shall apply for a permit to
the division on a form furnished by the division and containing any information
the division may require. The division shall, upon application and within ten
thirty days of the first time the ride or attraction is made available
in this state for public use, inspect all amusement rides and amusement
attractions. The division shall inspect all stationary rides and attractions at
least once every year. The division shall create an inspection checklist and
provide it to owners and operators of amusement rides and amusement
attractions. The owner or operator shall inspect all mobile amusement rides and
amusement attractions each time they are assembled for use in this state and complete
a copy of the inspection checklist provided by the division and must be
available at the site for the division to inspect and review for the duration
of the amusement ride or amusement attraction’s use. The inspection may be
performed by a certified inspector the division or the owner or operator as
attested to on the inspection checklist. The owner or operator shall submit all
completed inspection checklists to the division by December 31 of each year.
The division may inspect all mobile amusement rides and amusement attractions
each time they are disassembled and reassembled for use in this state. The
division may conduct inspections at any reasonable time without prior notice: Provided,
That in lieu of performing its own inspection the division may accept
inspection reports from special inspectors certified by the division.”
The bill was then ordered to third reading.
H. B. 2605, Removing the limitation on actions against the perpetrator of sexual assault or sexual abuse upon a minor; 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. 4001, Relating to candidates or candidate committees for legislative office disclosing contributions; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4152, Making a supplementary appropriation to the Division of Environmental Protection – Protect Our Water Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4155, Making a supplementary appropriation to the Department of Health and Human Resources, Division of Health – West Virginia Birth-to-Three Fund, and the Department of Health and Human Resources, Division of Human Services - Medical Services Trust Fund; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4157, Supplementing, amending, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4160, Making a supplementary appropriation to the Department of Revenue, Tax Division; 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. 4197, Allowing required HIV and hepatitis testing for the protection of law- enforcement officers who may have been exposed; 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. 4265, Relating to payment by the West Virginia Municipal Bond Commission or state sinking fund commission or the governing body issuing the bonds; 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. 4310, Relating to the West Virginia University Institute of Technology; on second reading, coming up in regular order, was read a second time.
Delegate Fast arose, and being recognized, moved that Com. Sub. for H. B. 4310, be placed on the House Calendar.
Delegates Hill and Perry requested to be excused from voting on questions regarding Com. Sub. for H. B. 4310 under the provisions of House Rule 49.
The Speaker replied that any impact on the Delegates would be indirect and as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Members from voting.
On this motion, the yeas and nays were taken (Roll No. 127), and there were--yeas 28, nays 50, absent and not voting 22, with the yeas and absent and not voting being as follows:
Yeas: Azinger, Byrd, Caputo, Duke, Faircloth, Fast, Folk, Gearheart, Guthrie, Hamilton, Hicks, Hill, Hornbuckle, Ihle, Kessinger, Longstreth, Lynch, McGeehan, Perry, Pushkin, Reynolds, Rodighiero, Rowe, P. Smith, Sponaugle, Stansbury, Trecost and B. White.
Absent and Not Voting: Arvon, Blair, Border, Campbell, Cowles, Deem, Ellington, A. Evans, Ferro, Flanigan, Fleischauer, Kurcaba, Lane, Manchin, Marcum, McCuskey, Moffatt, Moore, Shaffer, Skinner, Storch and Westfall.
So, less than two thirds of the members present and voting not having voted in the affirmative, the motion was rejected.
On motion of Delegates Gearheart and Shott, the bill was amended on page four, section one, line seventy, after the word “Collaboration”, by striking the word “occurs” and inserting in lieu thereof “shall occur”.
On motion of Delegates Gearheart and Shott the bill was amended on page six, section two, line thirty-five, by striking out subsection “(h)” in its entirety and inserting in lieu thereof the following:
“(h) Until such time as West Virginia University no longer owns assets, other than assets of de minimis value, in Montgomery and the Upper Kanawha Valley, the university shall continue to collaborate with the County Commission of Kanawha County, the County Commission of Fayette County, and the City of Smithers, and each entity is authorized and encouraged to enter into agreements designed to foster economic and community redevelopment for Montgomery and the Upper Kanawha Valley.”
The bill was then ordered to engrossment and third reading.
H. B. 4316, Relating to reimbursement of certification fee for National Board for Professional Teaching Standards certification; 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. 4319, Including in the definition of “veteran” active members of the Guard and Reserve in order to exempt them from fees charged by the Secretary of State; 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. 4322, Expanding the Learn and Earn Program; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4340, Amending licensing requirements for an act which may be called Lynette’s Law; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Howell, the bill was amended on page three, section one, line two, after the words “in subsection”, by striking out “(b)” and inserting in lieu thereof “(c)”.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4366, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state; 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. 4377, Eliminating exemption from hotel occupancy taxes on rental of hotel and motel rooms for thirty or more consecutive days; 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. 4445, Relating to the adoption of instructional educational resources; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Waxman and Butler, the bill was amended on page three, subsection (j), line sixty-eight, following the word “A”, by inserting the words “state or county”.
And,
On page three, subsection (j), line sixty-eight, following the word “employee”, by inserting “or employee of the West Virginia Department of Education”.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4540, Removing prohibition of disposal of certain electronics in landfills; 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. 4604, Relating to violations of the Ethics Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4605, Prohibiting contracting with a state agency unless business entity submits disclosure of interested parties; 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. 4606, Relating to the recusal of certain public officials from voting for appropriation of moneys to nonprofit entities; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4618, Relating to limitations on use of a public official's name or likeness; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Sobonya, the bill was amended on page three, section one, line seventeen, after the word “other”, by striking out the word “attempted”.
On page five, section two, line eight, after the word “advertising”, by striking out the words “for general dissemination”.
On page five, section two, line eight, before the word “public”, by inserting the word “general”.
On page six, section three, line eleven, by striking out the word “subsection” and inserting in lieu thereof the word “section”.
On page seven, section five, line seven, line seven, after the word “prohibitions”, by inserting the words “in section 2(d)”.
And,
On page eight, section seven, line two, after the words “impact upon the public agency”, by inserting the words “to bring existing material, vehicles, or items into compliance with this article”.
The bill was then 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:
S. B. 387, Shared animal ownership agreements to consume raw milk,
Com. Sub. for H. B. 2795, Providing that when a party's health condition is at issue in a civil action, medical records and releases for medical information may be requested and required without court order,
Com. Sub. for H. B. 4360, Increasing the criminal penalty for the unlawful practice of law,
Com. Sub. for H. B. 4383, Making individuals responsible for the costs relating to the filing of excessive false complaints,
Com. Sub. for H. B. 4388, Relating to stroke centers,
H. B. 4470, Expanding newborn testing to include Adrenoleukodystrophy,
And,
H. B. 4489, Relating generally to human trafficking.
Leaves of Absence
At the request of Miller, and by unanimous consent, leaves of absence for the day were granted Delegates Blair, Border, Campbell, Cowles, Deem, Ellington, Ferro, Flanigan, Fleischauer, Kurcaba, Lane, Manchin, Marcum, Moffatt, Moore, Skinner, Storch and Westfall.
Miscellaneous Business
Delegate Frich filed a form with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. B. 4133.
Delegate Frich noted to the Clerk that she be shown in the Journal as having voted “Nay” on the second amendment offered by Delegate Gearheart to H. B. 4310.
At 12:37 p. m., the House of Delegates adjourned until 11:00 a.m., Monday, February 22, 2016.