__________*__________
Tuesday, February 23, 2016
FORTY-SECOND DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 22, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 4307, Clarifying that a firearm may be carried for self defense in state parks, state forests and state recreational areas,
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. 4307) was referred to the Committee on the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Cooper, Duke, Ellington, Evans, Rohrbach, Espinosa, Statler, Blackwell, Hicks, Hornbuckle and Perdue:
H. B. 4706 - “A Bill to amend and reenact '18-2-26a of the Code of West Virginia, 1931, as amended, relating to regional county board meetings on empowering and equipping boards to attain goals for public education; removing requirements for biennial meetings on shared services; requiring notice to legislative oversight commission; removing requirement for state board approval of meeting format in advance; requiring report of meetings and specifying content; and providing for recommendations by legislative oversight commission to Legislature.”
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. 4351, Transferring the Cedar Lakes Camp and Conference Center from the West Virginia Board of Education to the Department of Agriculture,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
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. 4014, Preventing the State Board of Education from implementing common core academic standards and assessments,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4014 - A A Bill to amend and reenact §18 2E 5 of the Code of West Virginia, 1931, as amended, relating generally to academic standards and assessments in schools; removing reference to the No Child Left Behind Act; including digital literacy to the list of education and efficiency standards to be periodically reviewed; defining ‘academic standards’; making a certain finding with respect to the Legislature’s constitutional authority; removing certain legislative findings and statements of intent; removing designation of name for education standards; recognizing that the state board adopted non-Common Core academic standards; requiring continuing review, analysis, and update of academic standards and collaboration with the Legislature; removing requirement that Common Core State Standards be replaced with earlier standards; requiring withdrawal from Memorandum of Agreement relating to adoption of Common Core State Standards; requiring withdrawal as a governing state in the Smarter Balanced Assessment Consortium; removing requirement to withdraw certain regulations; removing prohibition on entering into contracts subject to certain restrictions; removing requirement to report to Legislative Oversight Commission on Education and Accountability; removing requirement to develop, adopt, and implement new or revised standards by a certain school year; removing and adding certain criteria with which new standards must comply; removing requirements to follow prior to adopting and implementing new or revised standards; removing requirement that waivers for instructional resources be granted to teach new or revised standards; removing requirement that guidelines be developed for county boards of education on informing the public and providing input at the local level; removing restriction on teacher evaluations; removing requirement to take Common Core instructional resources from master list; removing requirement to follow a certain process when changing standards; removing reference to aligning adoption of standards with adoption cycle for instructional resources; removing authority to adopt certain Common Core instructional materials under certain circumstances; removing authority to seek waivers under certain circumstances; requiring the Legislative Oversight Commission on Education and Accountability to review proposed rules for compliance with the law and legislative intent and take further action at its discretion; removing certain requirements that comprehensive statewide student assessment must meet; requiring review and approval of a summative assessment for certain grade levels; requiring that summative assessments meet certain requirements; prohibiting the implementation of any assessment developed specifically to align with Common Core State Standards; removing prohibition on entering into contracts subject to certain restrictions; requiring online assessment preparation; requiring development of a plan and recommendations regarding end of course assessments and student accountability; requiring development of a policy outlining accountability measures for students taking the comprehensive statewide assessment; requiring that written requests to opt out of assessment; prohibiting discipline, punishment, or grade reduction of a student who opts out; establishing maximum percentage of instructional time for summative assessment,@
With the recommendation that the committee substitute do pass.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4558, Relating to victim notification and designation of additional individuals to receive notice of an offender's release,
And reports the same back with the recommendation that it do pass.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2494, Creating a provisional plea process in criminal cases,
And reports the same back with the recommendation that it do pass.
Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4652, Relating to the creation of an intermediate contractor’s license,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
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.
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. 4201, Increasing the criminal penalties for participating in an animal fighting venture,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. H. B. 4201 - “A Bill to amend and reenact §61-8-19a and §61-8-19b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-8-19c, all relating to increasing the criminal penalties for participating in an animal fighting venture; defining terms; making unlawful the selling, buying, owning, possessing, keeping, training, transporting, delivering, or receiving an animal with the intent that the animal engage in an animal fighting venture; making unlawful knowingly causing an individual under the age of eighteen to attend an animal fighting venture; providing that wagering at an animal fighting venture is a crime; making unlawful knowingly conducting, financing, managing, supervising, directing, leasing, or owning all or a part of a business or premises involving wagering on an animal fighting venture; providing for penalties; and providing penalties for second or subsequent violations,”
With the recommendation that the committee substitute do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4175, Relating generally to home schooling.
On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page three, section one, line forty-seven, by striking out the word “at”.
On page three, section one, after line forty-eight, by inserting a new paragraph, designated paragraph (B), to read as follows:
“(B) The person or persons providing home instruction shall submit satisfactory evidence of a high school diploma or equivalent, or a post-secondary degree or certificate from a regionally accredited institution or from an institution of higher education that has been authorized to confer a post-secondary degree or certificate in West Virginia by the West Virginia Council for Community and Technical College Education or by the West Virginia Higher Education Policy Commission.”
And by relettering the remaining paragraphs.
On pages four and five, section one, lines seventy-three through eighty-two, by striking out all of subparagraph (iii) and inserting in lieu thereof a new subparagraph, designated subparagraph (iii), to read as follows:
“(iii) The county superintendent
is provided with a written narrative indicating that a A portfolio
of samples of the child’s work has been is reviewed and that
by a certified teacher who determines whether the child’s academic
progress for the year is in accordance with the child’s abilities. If the
narrative indicates that the child’s academic progress for the year is in
accordance with the child’s abilities, the child is considered to have made
acceptable progress. This narrative shall be prepared by a certified teacher
whose certification number shall be provided. The narrative shall include a
statement The teacher shall provide a written narrative about the
child’s progress in the areas of reading, language, mathematics, science and
social studies and shall note any areas which, in the professional opinion of
the reviewer, show need for improvement or remediation. If the narrative
indicates that the child’s academic progress for the year is in accordance with
the child’s abilities, the child is considered to have made acceptable progress;
or”.
On page five, section one, line eighty-four, after the word “superintendent”, by changing the semicolon to a period.
On page five, section one, lines eighty-seven and eighty-eight, by striking out the words “as defined under the appropriate assessment option set forth in paragraph (B) of this subdivision”.
On page five, section one, lines ninety-three and ninety-four, by striking out the words “as defined under the appropriate assessment option set forth in paragraph (B) of this subdivision”.
And,
On page five, section one, line ninety-six, after the word “provided”, by changing the semicolon to a period and striking out the word “and”.
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4175 - “A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating generally to home schooling; clarifying that a child who is exempt from compulsory school attendance is not subject to prosecution for failure to attend school and is not a status offender; requiring superintendent to show probable cause when seeking order to deny home instruction; modifying who is to provide notice of intent to provide home instruction; changing notice of intent frequency from annually to a one time notification; removing requirement that notice of intent include the grade level of child; requiring notice of intent include certain assurances; requiring notice upon termination of home instruction for a child who is of compulsory attendance age or change in county of residence; removing requirement for notice of intent two weeks prior to withdrawal from school; modifying requirement that the person providing home instruction have a high school diploma or equivalent; removing requirement that person providing home instruction outline plan of instruction for ensuing year; replacing specific annual deadline for obtaining an academic assessment of the child with the requirement that the assessment be obtained annually; removing requirement to submit results of the assessment to superintendent annually; removing requirement for parent or legal guardian to pay assessment cost when given outside public school; allowing use of a nationally normed standardized achievement test normed not more than ten years from the date of administration; removing requirement that the nationally normed standardized achievement test be administered under standardized conditions; requiring nationally normed standardized achievement test be administered by a person qualified in accordance with the test’s published guidelines; permitting parent or legal guardian to administer nationally normed standardized achievement test; modifying criteria for determining acceptable progress under the nationally normed standardized achievement test academic assessment option; removing requirement to provide written narrative of portfolio assessment to superintendent annually; removing requirement to provide certification number of the certified teacher providing written narrative; removing requirement that criteria for acceptable progress be mutually agreed upon by certain parties under the alternative academic assessment of proficiency academic assessment option; requiring parent or legal guardian to keep academic assessments for three years; making requirement for county board to notify parent or legal guardian of services available to assist in the assessment of the child’s eligibility for special education services applicable only upon request; and requiring parent or legal guardian to submit to superintendent results of required assessments at grade levels three, five, eight and eleven by certain date.”
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 154), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Ambler, Cooper, D. Evans and Lynch.
Absent and Not Voting: Moffatt and Moore.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4175) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Resolutions Introduced
Delegates Lane, Hanshaw and Shaffer offered the following resolution, which was read by the Clerk as follows:
H. C. R. 88 - “Extending the Committee of Conference relating to consideration of Com. Sub. for H. B. 2800, Adding law-enforcement officers’ contact information and names of family members to the list of exemptions from public records requests.”
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the Committee of Conference is hereby extended for a period of three days for the express purpose of consideration of matters of disagreement between the two houses as to Com. Sub. for H. B. 2800.
At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. C. R. 88) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegates Perdue, Boggs, Butler, Byrd, Eldridge, Fleischauer, Guthrie, Hicks, Manchin, Marcum, J. Nelson, Pushkin, Rodighiero, Skinner and Westfall offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 15 – “Designating March 2, 2016 as ‘Self Injury Awareness Day’.”
Whereas, Self-injury, also called self-harm, self-inflicted violence, or self-mutilation, is a coping mechanism used by an estimated 1% of the U.S. population; and
Whereas, Self-injury is seldom talked about and often misunderstood, leading to those who self-injure being treated unfairly or insensitively by police, doctors, therapists and emergency personnel; and
Whereas Self-injurers, despite public perceptions, are generally not psychotic and present little danger to others; and
Whereas, Effective treatments for self-harm do exist, although many professionals may not be aware of them; and
Whereas, Raising professional and public awareness of the facts about self-injury will help dispel the fears, myths and taboos that surround the subject and that make it difficult for people who self-injure to obtain effective help; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates, March 2, 2016, as “Self Injury Awareness Day”, and hereby urges all citizens and professionals to increase their awareness of the truths about self-injury, thus allowing people who self-injure to receive fair and sensitive treatment; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Governor and the Secretary of the Department of Health and Human Resources.
Petitions
Delegate Rowan presented a petition signed by 663 people urging the Legislature to pass a bill to allow for the reinstatement of parental rights after a child has been adopted in certain circumstances; which was referred to the Committee on the Judiciary.
Delegate Sobonya presented a petition signed by 8,000 residents of the state 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 and Hanshaw:
H. B. 4675 - “A Bill to amend and reenact §3-1-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11A of said code; to amend said code by adding thereto a new section, designated §3-5-6e; to amend and reenact §3-5-7 and §3-5-13 of said code; and, to amend and reenact §3-10-3 and §3-10-8 of said code, all relating to requiring the election of prosecuting attorneys be on a nonpartisan basis; providing for the timing and frequency of election; providing for the commencement of terms of office; establishing ballot design and printing; providing that, commencing with the election of 2020, elections for prosecuting attorney are to be held on the same date as the primary election; requiring nonpartisan ballots be used; establishing filing announcement of candidacies, including the timing, location and information necessary thereto; providing for the order of appearance of offices on the ballot; establishing ballot content; providing the procedures for the filling of vacancies in the offices of prosecuting attorney; and providing occasions for special elections to be held to fill vacancies”; to the Committee on the Judiciary.
By Delegates McCuskey and Hanshaw:
H. B. 4676 - “A Bill to amend and reenact §3-1-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11a of said code, as amended; to amend said code by adding thereto a new section, designated §3-5-6e; to amend and reenact §3-5-7 and §3-5-13 of said code; to amend and reenact §3-10-3 and §3-10-8 of said code; and to amend said code by adding thereto a new section, designated §3-10-8a, all relating to the nonpartisan election of prosecuting attorneys generally, requiring the election of prosecuting attorneys be on a nonpartisan basis; providing for the timing and frequency of election; providing for the commencement of terms of office; establishing ballot design and printing; providing that elections for prosecuting attorneys are to be held on the same date as the primary election; requiring nonpartisan ballots be used; establishing filing announcement of candidacies, including the timing, location and information necessary thereto; providing for the order of appearance of offices on the ballot; establishing ballot content; providing the procedures for the filling of vacancies in the offices of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate; providing the procedures for the filling of vacancies in the office of prosecuting attorney and providing occasions for special elections to be held to fill vacancies”; to the Committee on the Judiciary.
By Delegates Moffatt, J. Nelson, Phillips, Eldridge, Butler, Gearheart, Frich, Faircloth, Rodighiero, Azinger and McGeehan:
H. B. 4677 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-24-1, relating to authorizing business establishments and other entities required to provide accessible parking to provide parking spaces for Purple Heart recipients, under certain circumstances”; to the Committee on Government Organization.
By Delegate Sponaugle:
H. B. 4678 - “A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to penalties incurred from obstructing, fleeing from and making false statements to law-enforcement, probation and parole officers and interfering with emergency communications; and amending the penalties for several of the violations to make it clear that the convicted person may be fined and confined”; to the Committee on the Judiciary.
By Delegate Morgan:
H. B. 4679 - “A Bill to amend and reenact §11-15-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15A-2 of said code, all relating to increasing sales and use taxes by one percent”; to the Committee on Finance.
By Delegates Flanigan, McGeehan, Folk, Wagner, Sponaugle, Eldridge, Skinner, Hornbuckle, Storch and Ihle:
H. B. 4680 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-414, relating to creating a medical exemption to criminal laws against marijuana use and possession”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Delegates Manchin, Miley, Morgan, Fleischauer, Reynolds, Caputo, Boggs, Perry, Perdue, Bates, Skinner and Sponaugle:
H. B. 4681 - “A Bill to amend and reenact §11-15-8 and §11-15-30 of the Code of West Virginia, 1931, as amended, all relating to taxing attorneys legal service fees as service taxes; and dedicating proceeds to the State Road Fund”; to the Committee on Roads and Transportation then Finance.
By Delegates Skinner, Manchin, Westfall, McCuskey, Pushkin, Fleischauer, Byrd, Miley, Caputo, Longstreth and Sponaugle:
H. B. 4682 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-16A-1, §11-16A-2, §11-16A-3 and §11-16A-4, all relating to the agriculture and tourism incentive act; defining applicability; providing a tax credit for capital expenditures; limiting local control and providing policies that must be followed in the event of a sale of the business”; to the Committee on Agriculture and Natural Resources then Finance.
By Delegate Miley
[By Request of the Executive]:
H. B. 4683 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §17H-1-1, §17H-1-2, §17H-1-3, §17H-1-4, §17H-1-5, §17H-1-6, §17H-1-7, §17H-1-8, and §17H-1-9, all relating to the creation of the West Virginia Second Chance Driver’s License Act; short title; defining terms; providing legislative findings and purpose; directing the director of the Division of Justice and Community Services to administer the program; setting eligibility requirements to become a program participant; requiring an accounting of all unpaid court costs; providing for development of a consolidated repayment schedule and monthly payment; requiring the Division of Justice and Community Services to collect and distribute unpaid court costs on a pro-rata basis; establishing a moratorium on the collection of unpaid court fees by a court or its designee while a participant is in good standing with the program; providing standards for proof of compliance of good standing with the program; requiring the Division of Motor Vehicles to stay a driver’s license suspension with certain restrictions for a participant in good standing with the program; allowing the Division of Motor Vehicles to reinstate a suspension or revocation of a driver’s license under certain conditions; creating requirements for notice certification; creating a new account in the state treasury; and providing legislative and emergency rulemaking authority”; to the Committee on the Judiciary then Finance.
By Delegates Hanshaw, Fleischauer, Rowe and McCuskey:
H. B. 4684 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6 and §5B-2I-7, all relating to authorizing local units of government to adopt local energy efficiency partnership programs and to create districts to promote the use of energy efficiency improvements by owners of certain real property; providing for the financing of the programs through voluntary property assessments, commercial lending, and other means; to authorize a local unit of government to issue bonds, notes, and other evidences of indebtedness and to pay the cost of energy efficiency improvements from the proceeds thereof; providing for the repayment of bonds, notes, and other evidences of indebtedness; to authorize certain fees; prescribing the powers and duties of certain governmental officers and entities; and providing remedies”; to the Committee on Political Subdivisions then Finance.
By Delegates Ihle, Moffatt, Hamrick, R. Smith and Atkinson:
H. B. 4685 - “A Bill to amend and reenact §30-1-4a of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto four new sections, designated §30-1-21, §30-1-22, §30-1-23 and §30-1-24, all relating to professional and occupational board members; providing for the disqualification of lay members who become licensees; indemnification of board members; prohibiting impersonation of a board licensee; requiring boards use the sunrise process to expand their scope of practice; and requiring boards to submit names of qualified individuals to the Governor for possible appointment”; to the Committee on Government Organization.
By Delegates Butler, Waxman, Kelly, McGeehan, Frich, Faircloth, Azinger, Gearheart, Atkinson, R. Smith and J. Nelson:
H. B. 4686 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-1-5, relating to prohibiting the State Board of Education from adopting new Common Core academic content standards and from purchasing, authorizing, or encouraging the purchase of Common Core instructional materials until January 1, 2019”; to the Committee on Education.
By Delegates Sobonya, Miller, Rohrbach, Morgan, Hornbuckle, Espinosa, Hill, Waxman, Rowan, Hicks and Perdue:
H. B. 4687 - “A Bill to amend and reenact §3-2-8 of the Code of West Virginia, 1931, as amended, relating to registration programs by the clerk of the county commission; revising the requirements for voter registration programs in local high schools; specifying that eligible students shall be permitted to register at their school; requiring the Secretary of State to propose rules for legislative approval; clarifying how school records may be used to provide verification of registration information; and requiring the Secretary of State to publish related information in a dedicated area of the official website”; to the Committee on Education then the Judiciary.
By Delegate Statler:
H. B. 4688 - “A Bill to amend and reenact §18-9A-12 of the Code of West Virginia, 1931, as amended, relating to basic state aid to public education; providing for an adjustment to the allocated state aid share to any county on account of, and in the amount of, payments or contributions in lieu of property tax distributed from the sheriff to the county board of education as a result of payment in lieu of tax agreements first entered into on or after July 1, 2016”; to the Committee on Education then Finance.
By Delegates Sobonya, Frich, Moffatt, Rohrbach, Miller, Walters, Householder, Cadle, Ihle and Espinosa:
H. B. 4689 - “A Bill amend and reenact §11-1C-11b of the Code of West Virginia, 1931, as amended, relating generally to the valuation of managed timberland and timberland that is not managed timberland for ad valorem property tax purposes; establishing a specific methodology for such valuations; providing remedies to persons aggrieved by the valuations and for compliance inspections, notice of revocation, appeals; and effective date”; to the Committee on Finance.
By Delegates Perry, Morgan, Hamrick, Moore, Hornbuckle, Moye and Eldridge:
H. B. 4690 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-20, relating to providing a ten percent discount to West Virginia residents for lodging, camping and other recreational activities at state parks and forests”; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates Manchin, Morgan, Fleischauer, Reynolds, Caputo, Boggs, Perry, Perdue, Bates, Skinner and Sponaugle:
H. B. 4691 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-4g, relating to establishing two new tax brackets for personal income tax for persons making more than $500,000 and $1,000,000 each tax year”; to the Committee on Finance.
By Delegates Arvon, Stansbury, Atkinson, Ihle, Moffatt, Faircloth and R. Smith:
H. B. 4692 - “A Bill to amend and reenact §30-14-12 of the Code of West Virginia, 1931, as amended, relating to offenses and penalties for practicing osteopathic medicine without a license”; to the Committee on the Judiciary.
By Delegates Boggs and Westfall:
H. B. 4693 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-5-15, relating to establishing a recovery fee for the rental of heavy equipment property”; to the Committee on Finance.
By Delegate Rohrbach:
H. B. 4694 - “A Bill to amend and reenact §18A-2-1 of the Code of West Virginia, 1931, as amended, relating to permitting nonprofessional personnel to be hired as athletic coaches if there are no qualified professional personnel available; setting forth the conditions for employment; and providing for rule-making” to the Committee on Education.
By Delegates Manchin, Morgan, Miley, Fleischauer, Reynolds, Boggs, Perry, Perdue, Bates, Skinner and Sponaugle:
H. B. 4695 - “A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating to establishing a temporary maximum contribution rate to the Public Employees Insurance Agency for two fiscal years for certain employees and employers”; to the Committee on Banking and Insurance then Finance.
By Delegates Howell, Faircloth, Stansbury, R. Smith, Cadle, Arvon, Hartman, Hill, Atkinson and Ihle:
H. B. 4696 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-1D-1 and §30-1D-2, all relating to creation of the unlicensed practice review board; providing requirements for membership on the board; providing that licensing boards shall submit complaints they receive to the board; requiring the board to conduct hearings to determine if probable cause exists to take action; providing for alternative actions the board may take in making various determinations; and, establishing the board’s authority and scope”; to the Committee on Government Organization.
By Delegate Sobonya:
H. B. 4697 - “A Bill to amend and reenact §9-5-11 of the Code of West Virginia, 1931, as amended, relating to the right of the Department of Health and Human Resources to subrogation to a settlement by a recipient of assistance under the Medicaid Program for third-party liability; and providing that a settlement in the aggregate that does not exceed $20,000 is exempt from the provisions of this section”; to the Committee on the Judiciary.
By Delegate Espinosa:
H. B. 4698 - “A Bill to amend and reenact §24-2-11 of the Code of West Virginia, 1931, as amended, relating to the information required to be included in support of an application to the Public Service Commission for a certificate of convenience and necessity for a water, sewer and/or storm water service project; forbidding the Public Service Commission from requiring final design materials to be submitted in support of an application for a certificate of convenience and necessity; directing an entity that has received a certificate of convenience and necessity to pursue a further rate increase through the normal rate changing process if an increase in rates is needed above the level approved by the Public Service Commission in granting a certificate of convenience and necessity for a project; prohibiting the Public Service Commission in rate proceedings from modifying on its own initiative the scope of a project to which a certificate of convenience and necessity was previously granted or rescinding a previously granted certificate of convenience and necessity if the rates expected to go in effect upon substantial completion of the project have increased by less than fifteen percent”; to the Committee on Government Organization.
By Delegates Fast, Howell, Butler, Walters, Cadle, Foster, Lynch, Boggs, Guthrie, Trecost and Shaffer:
H. B. 4699 - “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §16-13A-9b, relating to public service districts; laying of water or sewer lines on state rights-of-way; limitation on required supervision by a state engineer”; to the Committee on Government Organization.
By Delegate Walters:
H. B. 4700 - “A Bill to amend and reenact §50-1-9 of the Code of West Virginia, 1931, as amended, relating to clarifying the prohibition of a magistrate assistant being a member of the immediate family of a magistrate”; to the Committee on the Judiciary.
By Delegates Perdue, Hamilton, Hornbuckle, Pushkin, Morgan, Fleischauer, Rowe, Guthrie, Trecost and Moore:
H. B. 4701 - “A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931, as amended; to amend of said code by adding thereto a new section, designated 11-16-27a; to amend and reenact §60-3A-17 of said code; and to amend and reenact §60-8-4 of said code, all relating to providing funding of state programs through increased taxes on beer, wine and liquor; increasing the barrel tax on nonintoxicating beer; increasing the tax on purchases of liquor; increasing the liter tax for wine; and creating a Special Intoxicant Net Revenue Account”; to the Committee on Finance.
By Delegate E. Nelson:
H. B. 4702 - “A Bill to amend and reenact §7-18-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §19-23-6, §19-23-7, §19-23-10, §19-23-12b, §19-23-12c, §19-23-13, §19-23-13b and §19-23-13c of said code; to amend said code by adding thereto two new sections, designated §19-23-10a and §19-23-13d; to amend and reenact §29-22-18a of said code; to amend and reenact §29-22A-3, §29-22A-7, §29-22A-8, §29-22A-9, §29-22A-10, §29-22A-10b, §29-22A-10c, §29-22A-11 and §29-22A-12; to amend said code by adding thereto three new sections, designated §29-22A-10g, §29-22A-10h and §29-22A-20; to amend and reenact §29-22C-7, §29-22C-8, §29-22C-10, §29-22C-27 and §29-22C-29 of said code; to amend said code by adding thereto a new section, designated, §29-22C-27b; and to amend and reenact §60-7-12 of said code, all relating to eliminating the hotel-motel tax on complementary hotel rooms; transferring certain revenues derived from racetrack video lottery, and racetrack table games to the state Excess Lottery Revenue Fund; distributing certain revenues from the state Excess Lottery Revenue Fund to certain distributees; defunding the West Virginia Greyhound Breeding Development Fund and West Virginia Thoroughbred Development Fund and transferring money that would have gone to those funds to the state Excess Lottery Revenue Fund for appropriation by the Legislature; eliminating prohibition of smoking in certain gaming establishments; providing for Racing Commission to approve number of racing days requested by racing association; eliminating racing day requirement to maintain video lottery license; eliminating prohibition of ATM’s on casino floors; authorizing minors accompanied by an adult to cross gaming floor to access food service areas; eliminating recall elections for video lottery and racetrack table games and allowing video lottery licensees to serve alcoholic beverages during hours of operation”; to the Committee on the Judiciary then Finance.
By Delegates Perry, Rodighiero and Moye:
H. B. 4703 - “A Bill to amend and reenact §18A-4-8 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to reclassifying Early Childhood Classroom Assistant Teacher I, II and III positions as Aide V, Aide VI and Aide VII positions, respectively; defining terms; and providing that pay grades remain the same”; to the Committee on Education.
By Delegate Rohrbach:
H. B. 4704 - “A Bill to amend and reenact §16-29G-1 and §16-29G-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §16-29G-1a, §16-29G-2a, §16-29G-2b and §16-29G-2c, all relating to operating and maintaining a fully interoperable statewide network to facilitate public and private use of health care information in the state through the West Virginia Health Information Network or through an alternative method determined by the board of directors of the West Virginia Health Information Network and the West Virginia Health Care Authority, and approved by the Joint Committee on Government and Finance; and, authorizing the West Virginia Health Care Authority and the board of directors of the West Virginia Health Information Network to execute agreements, transfer assets and take other actions appropriate to implement an approved alternative method of operating and maintaining the network”; to the Committee on Health and Human Resources then Finance.
By Delegate Folk:
H. B. 4707 - “A Bill to amend and reenact §18B-1B-1 of the Code of West Virginia, 1931, as amended, relating to abolishing the West Virginia Higher Education Policy Commission; transferring all powers and duties of the commission relating to internal governance of institutions of higher education to the board of governors of the institutions; transferring all powers and duties of the commission to secure, provide, or administer financial support for educational or research purposes to the Cabinet Secretary for the Department of Education and the Arts; providing for the transfer and disposition of assets, property and records of the commission; and authorizing legislative and emergency rulemaking”; to the Committee on Education then Finance.
By Delegate Lane:
H. B. 4708 - “A Bill to amend and reenact §3-2-3, §3-2-4a and §3-2-23 of the Code of West Virginia, 1931, as amended, all relating to additional duties for the Secretary of State relating to voter registration”; to the Committee on the Judiciary.
By Delegates Moffatt, Faircloth, J. Nelson, Foster, Eldridge and Morgan:
H. B. 4709 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-9-13, relating to requiring the Auditor to train members of local instrumentalities of counties and municipalities in appropriate rules of order and the West Virginia Ethics Act; allowing additional training; and requiring participation by the members”; to the Committee on the Judiciary.
By Delegate Lane:
H. B. 4710 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-23-10a, relating to eliminating the West Virginia Greyhound Breeding Development Fund and transferring that money and future money that would have gone to that fund one-half to the Public Employees Insurance Agency and one-half to the Department of Health and Human Resources for the intellectual developmental disability waiver program”; to the Committee on Finance.
By Delegates Hill, Kessinger, Arvon, Upson and Blair:
H. B. 4711 - “A Bill to amend and reenact §52-1-8 of the Code of West Virginia, 1931, as amended, relating to allowing a mother breastfeeding a child to be excused from jury duty”; to the Committee on the Judiciary.
By Delegate Pushkin:
H. B. 4712 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §11-28-1; to amend and reenact §60-3A-6 of said code; to amend and reenact §60A-2-204 of said code; to amend and reenact §60A-4-401 and §60A-4-402 and §60A-4-407 of said code; to amend said code by adding thereto two new sections, designated §60A-4-414 and §60A-4-415, all relating to permitted use and possession of marihuana; decriminalizing and permitting personal use, growth and possession of certain amounts of marihuana by residents over the age of twenty-one under certain circumstances; removing marihuana from the list of schedule I drugs; decriminalizing first offense distribution of under 30 grams of marihuana; continuing criminal penalties for sales and manufacture of marihuana; establishing new criminal penalties associated with possession of marihuana; providing that the tax department issue tax stamps for certain residents to lawfully possess up to two ounces of marihuana; providing that the tax commissioner promulgate rules; authorizing persons holding retail liquor licenses to sell tax stamps; establishing cost of and allocation for tax stamp proceeds; allowing for tax penalties for failure to pay for tax stamp; providing conditions for creation and distribution of stamp; and providing for a medical exemption to criminal laws against marihuana use or possession”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Bates, Ellington, Flanigan, Fleischauer and Campbell:
H. B. 4713 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §16-51-1, §16-51-2, §16-51-3 and §16-51-4; and to amend and reenact §60A-2-204 of said code, all relating to authorizing the medical use of cannabis based pharmaceutical products”; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Skinner, Guthrie, Moore, Fleischauer and Pushkin:
H. B. 4714 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-9C-1, §15-9C-2, §15-9C-3, §15-9C-4, §15-9C-5 and §15-9C-6, all relating to creating a board for review of officer-involved deaths”; to the Committee on the Judiciary then Finance.
By Delegates Hamrick and Folk:
H. B. 4715 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-16-30; and to amend said code by adding thereto a new section, designated §60-4-24, all relating to exempting commercial airlines from obtaining licenses to serve liquor, beer or wine on flights”; to the Committee on the Judiciary.
By Delegates Miller and Sobonya:
H. B. 4716 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-12-30, relating to requiring community corrections performance measurement standards for agencies responsible for supervising individuals placed on probation, serving a period of parole or post-incarceration supervision after jail; defining terms; and requiring reports”; to the Committee on the Judiciary.
By Delegates Morgan and Sobonya:
H. B. 4717 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-4-11, relating to the sale of vehicles whose title is branded as total loss, salvage, or similar brand; requiring a record of all sales of such vehicles to be kept; requiring the Department of Transportation to contract for the development of a statewide database of such vehicle sales; authorizing the department to adopt rules to facilitate implementation of the database; requiring reports of the sale or purchase of such vehicles to be reported to the database; and creating a civil infraction fine for failure to report”; to the Committee on Government Organization.
By Delegates Fast and Perry:
H. B. 4718 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-6-7, relating to defining the term “minor boundary adjustment”;” to the Committee on Political Subdivisions then Government Organization.
By Delegates Moye, Hicks, Morgan, Perry and Ambler:
H. B. 4719 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-22, relating to allowing service personnel with NAPT certification eligibility for professional positions whose primary duties are the supervision of a county transportation department”; to the Committee on Education.
By Delegates Perdue, Rodighiero, Fleischauer, Fluharty and Bates:
H. B. 4720 - “A Bill to amend and reenact §60-1-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §60-3-26, all relating to prohibiting the sale and consumption of powdered alcohol; providing exceptions; and defining a term”; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Moffatt:
H. B. 4721 - “A Bill to amend and reenact §21A-6-1a of the Code of West Virginia, 1931, as amended, relating to unemployment compensation; providing that individuals working in certain seasonal employment are not eligible for benefits”; to the Committee on the Judiciary.
By Delegate Lane:
H. B. 4722 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-20A-100, §18-20A-101, §18-20A-102, §18-20A-103, §18-20A-104, §18-20A-105, §18-20A-201, §18-20A-202, §18-20A-203, §18-20A-301, §18-20A-302, §18-20A-303, §18-20A-304, §18-20A-401, §18-20A-402, §18-20A-403, §18-20A-404, §18-20A-500, §18-20A-501, §18-20A-502, §18-20A-503, §18-20A-504, §18-20A-505, §18-20A-506, §18-20A-600, §18-20A-601, §18-20A-602, §18-20A-603, §18-20A-604, §18-20A-700, §18-20A-701, §18-20A-702, §18-20A-703, §18-20A-801, §18-20A-802, §18-20A-803, §18-20A-804, §18-20A-901, §18-20A-902, §18-20A-903, §18-20A-1001, §18-20A-1002, §18-20A-1003, §18-20A-1004, §18-20A-1005, §18-20A-1006, §18-20A-1007, §18-20A-1008, §18-20A-1009, §18-20A-1010, §18-20A-1100, §18-20A-1101, §18-20A-1102, §18-20A-1103 and §18-20A-1104, all relating to codification of the West Virginia Procedures Manual for the Education of Students with Exceptionalities”; to the Committee on Education then the Judiciary.
By Mr. Speaker (Mr. Armstead), O'Neal and Espinosa:
H. B. 4723 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7d, relating to creating a program of instruction for students in workforce preparedness to be added to the curriculum of courses in secondary schools”; to the Committee on Education.
Special Calendar
Unfinished Business
The following resolutions coming up in regular order as unfinished business were reported by the Clerk and adopted:
S. C. R. 5, Coach Bill Stewart Exit,
Com. Sub. for S. C. R. 20, US Army CPL Troy Matthews Memorial Bridge,
Com. Sub. for H. C. R. 5, U.S. Army PV2 Eskridge A. Waggoner Memorial Bridge,
Com. Sub. for H. C. R. 7, U.S. Army PFC Cecil Ray Ball Memorial Bridge,
Com. Sub. for H. C. R. 10, U.S.Marine Corps GySgt Lionel Collins Memorial Road,
Com. Sub. for H. C. R. 15, U.S.Marine Corps PFC Clayton Andrew Craft Memorial Bridge,
Com. Sub. for H. C. R. 17, SGT Larry Joseph Whitt Bridge,
Com. Sub. for H. C. R. 18, U.S. Air Force Staff Sergeant William Henry 'Bill' Whitman Memorial Highway,
H. C. R. 41, U.S. Army Air Corps CPT Kenneth R. Winters, Sr. Memorial Bridge,
H. C. R. 60, Requesting Joint Committee on Government and Finance study the state-level background check process for new employees and volunteers of caregiving businesses and facilities,
And,
H. C. R. 68, Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and Heavy Duty Engines and Vehicles Phase 2.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.
Third Reading
Com. Sub. for S. B. 7, Establishing wrongful conduct rule prohibiting recovery of damages in certain circumstances; 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. 155), and there were--yeas 87, nays 12, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Eldridge, Fleischauer, Fluharty, Hicks, Hornbuckle, Lynch, Manchin, Perdue, Pushkin, Rodighiero, Shaffer and Walters.
Absent and Not Voting: Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 7) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 7 - “A Bill to amend and reenact §55-7-13d of the Code of West Virginia, 1931, as amended; and to amend and reenact §55-7B-5 of said code, all relating to comparative fault; providing one hundred eighty days after service of process for defendant to give notice of nonparties wholly or partially at fault; providing that a plaintiff’s recovery only be reduced in proportion to the percentage of fault assigned to settling parties or nonparties and not the amount of any settlement taking place before the verdict; providing when plaintiff’s criminal conduct bars recovery; prohibiting recovery in civil actions when damages are suffered as a result of the commission, attempted commission, or immediate flight from the commission or attempted commission of a felony; requiring commission, attempted commission, or immediate flight from the commission or attempted commission of a felony be proximate cause of injury; providing that the burden of proof for establishing a criminal conduct defense is upon the person asserting such defense; providing that a court shall dismiss an action upon determination that, as a matter of law, the felonious conduct upon which there was a conviction, guilty plea or plea of no contest was a proximate cause of injury; defining damages; providing for stay of civil action in which criminal conduct defense is asserted during pendency, including appeals, of criminal action; establishing that the 2016 amendments apply to all causes of action accruing on or after the effective date of those amendments; prohibiting civil action under Medical Professional Liability Act related to prescription or dispensation of controlled substances when person’s damages are a proximate result of the commission of a felony, a violent crime that is a misdemeanor, or violation of any law related to controlled substances; providing exception if health care provider that prescribes or dispenses controlled substances in violation of law proximately causing injury.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 387, Shared animal ownership agreements to consume raw milk; 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. 156), and there were--yeas 88, nays 11, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Caputo, Ferro, Fleischauer, Hornbuckle, Longstreth, Manchin, Morgan, Perdue, Pethtel, Rowe and Westfall.
Absent and Not Voting: Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 387) 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. 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; 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. 157), and there were--yeas 78, nays 21, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Caputo, Eldridge, Fleischauer, Fluharty, Guthrie, Hicks, Hornbuckle, Lynch, Manchin, Marcum, Miley, Perdue, Perry, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Upson, Walters and P. White.
Absent and Not Voting: Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2795) 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. 4001, Relating to candidates or candidate committees for legislative office disclosing contributions; 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. 158), and there were--yeas 95, nays 4, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Azinger, Folk, Ihle and McGeehan.
Absent and Not Voting: Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4001) 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. 4360, Increasing the criminal penalty for the unlawful practice of law; on third reading, coming up in regular order, was read a third time.
Delegate J. Nelson requested to be excused from voting on the passage of Com. Sub. for H. B. 4360 under the provisions of House Rule 49.
The Speaker replied that any impact on Delegate J. Nelson would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 159), and there were--yeas 68, nays 31, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Azinger, Blair, Cadle, Deem, A. Evans, Faircloth, Folk, Hamilton, Hill, Hornbuckle, Householder, Howell, Ihle, Kelly, Lynch, McGeehan, Miller, Moffatt, Morgan, Moye, J. Nelson, Perdue, R. Phillips, Pushkin, Rodighiero, Romine, R. Smith, Sobonya, Statler, Upson and Wagner.
Absent and Not Voting: Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4360) 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. 4383, Making individuals responsible for the costs relating to the filing of excessive false complaints; 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. 160), 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: Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4383) 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. 4388, Relating to stroke centers; 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. 161), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Moore and E. Nelson.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4388) 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. 4470, Expanding newborn testing to include Adrenoleukodystrophy; 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. 162), 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: Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4470) 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. 4489, Relating generally to human trafficking; on third reading, coming up in regular order, was read a third time.
Unanimous consent having been obtained, Delegate Shaffer was added as a cosponsor of H. B. 4489.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 163), 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: Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4489) 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. 4606, Relating to the recusal of certain public officials from voting for appropriation of moneys to nonprofit entities; on third reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Cowles, and by unanimous consent, the rule was suspended to permit the offering and consideration of separate amendments by Delegates Caputo and Shott on third reading.
An amendment, offered by Delegate Caputo, was reported by the Clerk on page seven, section five, line one hundred fifty-six, by striking out the period, inserting a colon and the following:
“Provided, That this prohibition does not apply to class IV municipalities as established pursuant to section three, article one, chapter eight of this chapter.”
On the adoption of the amendment, Delegate Caputo demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 164), and there were--yeas 58, nays 40, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Ambler, Anderson, Arvon, Blair, Border, Cadle, Canterbury, Cooper, Cowles, Deem, Duke, Ellington, Espinosa, A. Evans, Fast, Foster, Gearheart, Hamrick, Hill, Householder, Howell, Kessinger, Lane, McCuskey, Miller, O'Neal, Overington, Romine, Rowe, Shott, Sobonya, Stansbury, Storch, Trecost, Upson, Walters, Waxman, Westfall, B. White and Mr. Speaker (Mr. Armstead).
Absent and Not Voting: Kelly and Moore.
So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.
On motion of Delegate Shott, the bill was amended on page eight, section five, line one hundred seventy-seven, following the word “subsection”, by replacing the period with a colon and inserting the following proviso:
“Provided, That if the contract exemption request relates to the prohibition in subdivision (2), then the Ethics Commission may grant an exemption if there is a lack of qualified candidates that have run for the election of mayor or a position on the municipal council or that apply for appointment to such a council or mayoral position.”
There being no further amendments, and having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 165), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Howell and Ihle.
Absent and Not Voting: Kelly and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4606) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 4606 - “A Bill to amend and reenact §6B-2-5 of the Code of West Virginia, 1931, as amended, relating to prohibited interests in public contracts and appropriations of monies under the Ethics Act; prohibiting elected or appointed mayors of a municipality or members of a municipality’s governing body or council from being employed by the municipality in which they serve; and 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.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
S. B. 341, Expiring funds from Insurance Commissioner, Examination Revolving Fund and Insurance Commission Fund to State Fund, General Revenue; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 351, Dedicating severance tax proceeds; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 419, Relating to termination of Workers’ Compensation Debt Reduction Act; on second reading, coming up in regular order, was reported by the Clerk.
Delegate Cowles asked unanimous consent that the bill be advanced to third reading with amendments pending, which consent was not given, objection by Delegate Caputo being heard.
On motion of Delegate Cowles the bill was then postponed one day.
S. B. 449, Supplemental appropriation from State Fund, General Revenue to Department of Administration, Public Defender Services; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 450, Supplemental appropriation from State Fund, General Revenue to DHHR, Division of Health; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 451, Supplemental appropriation from State Fund, General Revenue to Department of Military Affairs; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 462, Reducing deposit of excess lottery proceeds into WV Infrastructure Fund; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2823, Eliminating the street and interurban and electric railways tax; 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. 2897, Young Entrepreneur Reinvestment Act; on second reading, coming up in regular order, was, on motion of Delegate Cowles, postponed one day.
H. B. 4315, Relating to air-ambulance fees for emergency treatment or air transportation; on second reading, coming up in regular order, was, on motion of Delegate Cowles, postponed one day.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2202, Relating to more equitable disbursement of funds to county boards,
Com. Sub. for H. B. 4009, Letting Our Counties Act Locally Act,
Com. Sub. for H. B. 4171, Relating to the public school calendar,
Com. Sub. for H. B. 4295, Relating to the School Innovation Zones Act,
Com. Sub. for H. B. 4365, Relating to the certificate of need process,
H. B. 4465, Relating to salary equity among school systems,
H. B. 4572, Excepting specialized contract instructors from the definition of teacher,
H. B. 4594, Relating to predoctoral psychology internship qualifications,
Com. Sub. for H. B. 4612, Relating generally to tax increment financing and economic opportunity development districts,
H. B. 4617, Authorizing legislative rules of the Higher Education Policy Commission regarding the Underwood-Smith Teacher Scholarship Program and Nursing Scholarship Program,
H. B. 4651, Relating to professional examination requirements for hearing-aid dealers and fitters,
H. B. 4656, Granting the Finance Division within the Department of Administration supervisory control over the board of Accountancy,
H. B. 4674, Relating to motor vehicle back-up lamps,
And,
H. B. 4705, Relating to adding an additional type of West Virginia source income of nonresident individual.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegate Moore.
Remarks of Members
Delegate Lane asked and obtained unanimous consent that the remarks of Delegate J. Nelson regarding military discipline be printed in the Appendix to the Journal.
At 1:55 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 6:00 p.m.
* * * * * * *
Evening Session
* * * * * * *
Messages from the Senate
A messages from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 88, Extending the Conference Committee relating to H. B. 2800, Adding law-enforcement officers' contact information and names of family members to the list of exemptions from public records requests.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with amendment, and the passage, as amended, to take effect July 1, 2016, of
Com. Sub. for S. B. 146, Establishing instruction standards for early childhood education.
On motions of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page six, section forty-four, by striking out all of subsection (n).
On page eight, section forty-four, by striking out all of subsection (s).
And by relettering the remaining subsections.
And,
By amending the title of the bill to read as follows:
Com. Sub. for S. B. 146 – “A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended, relating to early childhood education programs; replacing days per week requirement for early childhood education programs with instructional minutes per week and instructional minutes per year requirements; modifying authority of parent to withdraw child from early childhood education program; and removing certain early childhood education program-related reporting requirements.”
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 166), and there were--yeas 78, nays none, absent and not voting 22, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Byrd, Deem, A. Evans, Ferro, Flanigan, Hamilton, Hartman, Hicks, Hornbuckle, Kelly, Kessinger, Lane, Marcum, Moore, Morgan, E. Nelson, Reynolds, Romine, Storch, Walters and Westfall.
So, a majority of the members elected and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 146) passed.
Delegate Cowles moved that the bill take effect July 1, 2016.
On this question, the yeas and nays were taken (Roll No. 167), and there were--yeas 78, nays none, absent and not voting 22, with the absent and not voting being as follows:
Absent and Not Voting: Arvon, Byrd, Deem, A. Evans, Ferro, Flanigan, Hamilton, Hartman, Hicks, Hornbuckle, Kelly, Kessinger, Lane, Marcum, Moore, Morgan, E. Nelson, Reynolds, Romine, Storch, Walters 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.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect April 1, 2016, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 420 - “A Bill to amend and reenact §11-17-3 and §11-17-4 the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-17-4b, all relating to increasing tax rate on cigarettes and tobacco products; dedicating one million dollars to tobacco cessation programs; dedicating a portion of proceeds to Public Employees Insurance Agency; requiring physical inventory of tax stamps and tobacco products and e-cigarette liquids upon the effective date of tax imposition or tax rate increase; applying tax rate changes to inventories; requiring a report of such inventory be filed sixty days after the effective date of the tax imposition or tax rate change; levying the excise tax on e-cigarette liquid; defining terms; providing for administration of the tax on e-cigarette liquid; specifying penalty for failure to file required reports; specifying criminal sanctions; and specifying effective date”; 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. 485 - “A Bill to amend and reenact §20-7-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §20-14A-1, §20-14A-2, §20-14A-3, §20-14A-4, §20-14A-5, §20-14A-6, §20-14A-7, §20-14A-8, §20-14A-9, §20-14A-10 and §20-14A-11; and to amend and reenact §20-15-1, §20-15-2, §20-15-3, §20-15-4 and §20-15-5 of said code, all relating to establishing regional recreation authorities and areas; establishing trails for off-highway recreational vehicle use; providing for reimbursement by authority for natural resources police officers or county sheriffs; authorizing creation of regional recreation authority as joint development entity formed by three or more contiguous counties; setting forth findings and definitions; establishing powers and composition of governing board; providing for financial review and oversight of public funds; prohibiting certain conduct in regional recreation area; establishing requirements for bidding and purchasing; prohibiting conflicts of interest; limiting liability; clarifying duties and responsibilities of participants to landowners and lessors in the regional recreation area; and establishing criminal penalties and civil remedies”; 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. 508 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-30, relating generally to civil claims for private nuisance; establishing pre-suit notice and other requirements to bringing a civil claim for private nuisance; tolling the statute of limitations on private nuisance claims for sixty-one days after the required pre-suit notice is provided; establishing and defining a ‘permit shield’ defense to claims for private nuisance; outlining the elements to that defense; providing for exceptions to that defense; and requiring an ownership or possessory interest to assert a claim for private nuisance”; 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. 565 - “A Bill to amend and reenact §22-6A-7 of the Code of West Virginia, 1931, as amended, relating to allowing well pad and road construction for oil and gas activities that are done pursuant to a storm water permit; clarifying that the requirements of the section apply only to well work permits and not storm water permits; and providing notice to property owners”; which was referred to the Committee on Energy 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
Com. Sub. for S. B. 591 - “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 Combined Voter Registration and Driver Licensing Fund; authorizing Secretary of State to enter into agreement with Division of Motor Vehicles for Division of Motor Vehicles to provide certain information; setting forth information to be provided by Division of Motor Vehicles; permitting Secretary of State to use information for voter registration list maintenance comparison through interstate data-sharing agreement as designated by Secretary of State; identifying additional permissible uses of funds in Combined Voter Registration and Driver Licensing Fund; and providing for periodic transfer of funds from that fund to Supreme Court of Appeals Public Campaign Financing Fund 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 adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on the Judiciary then Rules:
S. C. R. 10 – “Urging Congress call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for its officials and for members of Congress.”
Whereas, Article IV, Section 4 of the Constitution of the United States guarantees to every state a republican form of government which gives each state equal standing when calling for an amendments convention. Article V of the Constitution of the United States reserves to the several states the right to call for a convention for the purpose of amending the United States Constitution when Congress or the courts or both Congress and the courts refuse to address an egregious wrong suffered by the people; and
Whereas, The states alone have the authority to “limit” the agenda and authority of a convention. The states alone can call for a “Single Issue” convention by agreeing among themselves the purpose, terms, conditions, duration and agenda for the convention. Congress does not have the authority to define a “Single Issue” convention. The authority of Congress, under Article V of the United States Constitution, empowers it to convene a convention as called for and defined by the several states; and
Whereas, The founders of our constitution empowered state legislators to be guardians of liberty against future abuses of power by the federal government which has created a crushing national debt through improper and imprudent spending; and
Whereas, The federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent, and the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and
Whereas, It is the solemn duty of the states to protect the liberty of our people—particularly for the generations to come—by proposing amendments to the Constitution of the United States through a Convention of the States under Article V for the purpose of restraining these and related abuses of power; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Congress call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for its officials and for members of Congress; and, be it
Further Resolved, That the State of West Virginia hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for its officials and for members of Congress and absolutely no other business will be authorized at this convention; and, be it
Further Resolved, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two thirds of the several states have made applications on the same subject; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution and application to the President and Secretary of the United States Senate, to the Speaker and Clerk of the United States House of Representatives, to the members of West Virginia’s congressional delegation and to the presiding officers of each of the legislative houses in the several states requesting their cooperation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
Com. Sub. for S. C. R. 33 – “Requesting the West Virginia Infrastructure and Jobs Development Council (IJDC) to study and report on the issue of consolidation, regarding public water and sewer utilities.”
Whereas, The Legislature is concerned that over five hundred municipal and public service district water and sewer utilities are providing service to customers. The capital cost associated with the repair or replacement of existing infrastructure that serves current customers and the construction of upgrades to existing facilities or new facilities to serve new customers is far greater than available public funding sources and the ability of the utilities to raise money from existing rate-payers; and
Whereas, In its 1994 regular session, the Legislature created the West Virginia Infrastructure and Jobs Development Council in article fifteen-a, chapter thirty-one of the Code of West Virginia, 1931, as amended. Among other things, section four of the 1994 legislation requires the IJDC to develop guidelines for evaluating requests by project sponsors for funding assistance that include “the degree to which the project or infrastructure project encourages effective and efficient consolidation of water or sewage treatment systems consistent with the comprehensive plan developed pursuant to section six of the legislation.” Section six of the 1994 legislation contains subsection (c) which states that “the council shall study the viability of the consolidation of public service districts throughout the state” and report their findings and conclusions on or before January 16, 1995, to the Governor, Speaker of the House and President of the Senate; and
Whereas, Section six (b) of the 1994 act requires an assessment of water and sewer infrastructure to be filed by IJDC every three years which includes, among other things, an assessment to identify “obstacles, issues and problems which prevent or inhibit development of adequate infrastructure throughout the state, including financial, governmental, physical, or geographical factors and make recommendations as the council considers appropriate regarding the obstacles, issues or problems identified.” In reviewing proposed projects, the IJDC consolidation committee, upon the request of another IJDC committee or the council itself, will review the project and determine the potential for consolidation; and
Whereas, The Legislature believes that potential economies of scale and efficiencies in providing public water and sewer service could be realized through consolidation, regional planning and cooperation between municipal and county governments; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Infrastructure and Jobs Development Council study and report on the issue of consolidation, regarding public water and sewer utilities; and, be it
Further Resolved, That the Legislature hereby requests that the IJDC refer every proposed public water and sewer project to its consolidation committee to consider the issues related to potential consolidation or other measures that could result in efficiencies and more productive use of public moneys for new treatment facilities or replacement of facilities, or major expansion of service, or any proposed within close proximity to other existing treatment, collection, and/or distribution facilities; and, be it
Further Resolved, That the IJDC submit a report to the Legislature at the beginning of its 2017 regular session that identifies the potential for consolidation; the IJDC’s treatment of that issue through its funding decisions; the problems that exist with the issue, including barriers that may impede cooperation between municipalities and public service districts in obtaining the desired result of providing quality water and sewer service to the residents of West Virginia at the lowest possible cost.
At the request of Delegate Cowles and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
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. 4433, Allowing an adjustment to gross income for calculating the personal income tax liability of certain retirees,
And reports back a committee substitute therefore, with the same title, as follows:
Com. Sub. for H. B. 4433 - “A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as amended, relating to allowing an adjustment to gross income for calculating the personal income tax liability of certain retirees receiving pensions from defined-benefit pension plans that have been terminated with a consequent reduced benefit and extending the effective period of the allowed adjustment,”
H. B. 4487, Relating to state retirement systems,
And reports back a committee substitute therefore, with the same title, as follows:
Com. Sub. for H. B. 4487 - “A Bill to amend and reenact §5-10-2 and §5-10-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7A-17a of said code, all relating to state retirement systems; defining compensation and employee for the Public Employees Retirement System; requiring payment of reinstatement interest in the Public Employees Retirement System in certain circumstances; authorizing purchase of retroactive service credit under certain circumstances and with certain restrictions; and providing that failure of employee to pay the Teachers Retirement System according to a contract to purchase military service credit is to be treated as an overpayment or excess contribution pursuant to the article,”
And,
H. B. 4519, Allowing certain municipalities to elect to participate in the West Virginia Municipal Police Officers and Firefighters Retirement System,
Com. Sub. for H. B. 4519 – “A Bill to amend and reenact §8-22A-2, §8-22A-6 and §8-22A-32 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8-22A-33, all relating to authorizing certain municipalities to elect to participate in the West Virginia Municipal Police Officers and Firefighters Retirement System; providing definitions; authorizing certain municipal police officers and firefighters to become members of the retirement system under certain circumstances and with certain restrictions; and providing limitations and requirements for municipalities or municipal subdivisions to elect to participate in the retirement system.”
With the recommendation that the committee substitutes each 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 23rd 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:
(H. B. 4148), Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act,
(Com. Sub. for H. B. 4158), Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia – Workforce Investment Act,
(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,
And,
(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.
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. 4358, Relating to out of state physicians and surgeons traveling with sports teams within this state,
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. 4607, Adding violations of law upon which a public servant’s retirement plan may be forfeited,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4607 – “A Bill to amend and reenact §5-10A-2 of the Code of West Virginia, 1931, as amended, relating to adding violations of law upon which a public servant’s retirement plan may be forfeited; changing the definition of less than honorable service; removing the exception of a misdemeanor from the definition of less than honorable service relating to impeachment and conviction of a participant or former participant under the Constitution; removing the exception for certain lesser included crimes to constitute less than honorable service; and adding additional violations of law which constitute less than honorable service,”
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. 4636, Increasing the penalties for violating the Whistle-blower Law,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for 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,@
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:
Com. Sub. for S. B. 10, Creating Unborn Child Protection from Dismemberment Abortion 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 (Com. Sub. for S. B. 10) was referred to the Committee on the Judiciary.
Miscellaneous Business
Delegate Frich filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 4575.
Delegate Hamrick filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. C. R. 80.
Delegate Hamrick filed a form with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. B. 4690.
Delegate Overington filed a form with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. B. 4300.
At 6:15 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 24, 2016.