__________*__________
Friday, February 26, 2016
FORTY-FIFTH DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 25, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Reordering of the Calendar
Delegate Cowles announced that the Committee on Rules had transferred H. B. 4315, on Second Reading, Special Calendar, to the House Calendar, and S. B. 68 and H. B. 4728, on Second Reading Special Calendar, to the House Calendar.
Unanimous consent having been obtained, Delegate Kurcaba was added as a cosponsor of H. B. 4732 and H. B. 4733.
Unanimous consent having been obtained, Delegate Statler was added as a cosponsor of H. B. 4732.
Committee Reports
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. 2963, Expanding the definition of kidnapping,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2963 - “A Bill to amend and reenact '61‑2‑14a of the Code of West Virginia, 1931, as amended, relating to criminal offense of kidnapping; making unlawful the taking or gaining custody of, confining or concealing another person by force or threat of force, or by duress, fraud, deceit, misrepresentation or enticement; and providing penalties,”
With the recommendation that the committee substitute 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. C. R. 47, U.S. Army SFC Jesse Muncy Memorial Bridge,
And reports the same back with the recommendation that it be adopted, but that it first be referred to the Committee on Rules.
In accordance with the former direction of the Speaker, the resolution (H. C. R. 47) was referred to the Committee on Rules.
Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. C. R. 13, U.S. Army SPC 4 Everette R. Johnson Memorial Bridge,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. C. R. 13 – “Requesting the Division of Highways to name the Indian Creek Bridge #3, bridge number 32-122-8.95 (32A056), latitude 37.52981, longitude -80.65837, carrying West Virginia Route 122 over Indian Creek, in Monroe County, the ‘U.S. Army SP4 Everette R. Johnson Memorial Bridge’,”
And,
H. C. R. 54, Byron “Bray” Kelley Memorial Bridge,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. C. R. 54 - “Requesting the Division of Highways to name Bridge Number 39-73/73-8.46 (39A143) (39.65892, -79.63833), locally known as Bruceton Mills Bridge, carrying County Route 73/73 over Big Sandy Creek in Bruceton Mills, Preston County, the ‘U.S. Army PFC Byron ‘Bray’ Kelley Memorial Bridge’,”
With the recommendation that the committee substitutes each be adopted, but that they first be referred to the Committee on Rules.
In accordance with the former direction of the Speaker, the resolutions (Com. Sub. for H. C. R. 13 and Com. Sub. for H. C. R. 54) were each referred to the Committee on Rules.
Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. C. R. 34, U.S. Marine Corps PFC Billy Joe Vickers Memorial Bridge,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 34 - “Requesting the Division of Highways to name bridge number 06-25/11-0.01 (06A304) (38.35666, -82.12754) locally known as New Girl Scout Camp Bridge, carrying County Route 25/11 over Mud River in Cabell County, the ‘U.S. Marine Corps PFC Billy Joe Vickers Memorial Bridge’,”
H. C. R. 51, U.S. Army PFC Danny Mire Stoneking Memorial Bridge,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 51 - “Requesting the Division of Highways to name bridge number 52-64-2.07 (52A135) (39-63045, -80.47918), locally known as Smith Bridge, carrying County Route 64 over Long Drain in Wetzel County, the ‘U.S. Army PFC Danny Mire Stoneking Memorial Bridge’,”
H. C. R. 56, U.S. Army CPL Robert Eugene Jackson Memorial Bridge,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 56 – “Requesting the Division of Highways to name Bridge Number 31-77-1.15 (31A212) (39.53532, -79.97705), locally known as Booths Creek Bridge, carrying CR 77 over Booths Creek in Monongalia county, the ‘U.S. Army CPL Robert Eugene Jackson Memorial Bridge’,”
H. C. R. 57, U.S. Army PVT Leander Reel Memorial Bridge,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 57 – “Requesting the Division of Highways to name bridge number 12-220-10.31 (12A081) (38.98846, -79.12465), locally known as Petersburg Bridge, carrying US 220 over the south branch of the Potomac River in Grant County, the ‘U.S. Army PVT Leander Reel Memorial Bridge’,”
H. C. R. 63, U.S. Air Force MSgt Johnny Baxter Clark and U.S. Air Force MSgt Carl Richard (Dick) Clark Memorial Bridge,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 63 - “Requesting the Division of Highways to name bridge number 23-44-4.86 (23A105), (37.70670, -81.98848), (locally known as Crystal Block Concrete Bridge, carrying WV44 over Island Creek in Logan County, the ‘U.S. Air Force MSgt Johnny Baxter Clark and U.S. Air Force MSgt Carl Richard (Dick) Clark Memorial Bridge’,”
H. C. R. 66, 1SG Carl J. Crabtree Memorial Road,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 66 – “Requesting the Division of Highways to name the Rossmore By-Pass starting at Rossmore and running to Monaville on Route 119/42, in Logan County, the ‘1SG Carl J. Crabtree Memorial Road’.”
And,
H. C. R. 72, Max G. Parkinson Memorial Bridge,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 72 - “Requesting the Division of Highways to name Bridge Number 02-13-0.81 (02A172) (39.46979, -77.97913), locally known as New North Tennessee Avenue Bridge, carrying County Route 13 over Tuscarora Creek in Berkeley County, be named the ‘Max G. Parkinson Memorial Bridge’,”
With the recommendation that the committee substitutes each be adopted, but that they first be referred to the Committee on Rules.
In accordance with the former direction of the Speaker, the bills (Com. Sub. for H. C. R. 34, Com. Sub. for H. C. R. 51, Com. Sub. for H. C. R. 56, Com. Sub. for H. C. R. 57, Com. Sub. for H. C. R. 63, Com. Sub. for H. C. R. 66 and Com. Sub. for H. C. R. 72) were each referred to the Committee on Rules.
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 26th day of February, 2016, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. 4175), Relating generally to home schooling.
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. 4577, Creating an additional penalty for use of a firearm in furtherance of a drug offense,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4577 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-414, relating to use of a firearm during, in relation to, or in furtherance of a violation of certain offenses of the Uniform Controlled Substances Act; creating the felony offense of use or possession of a firearm; providing penalties; clarifying that the offense is separate and distinct from other offenses; denying eligibility for sentencing alternatives; and clarifying the term ‘convicted’,”
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. 4576, Increasing the penalties for transporting controlled substances into the state except marihuana,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4576 - “A Bill to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for transporting controlled substances into the state,”
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. 4575, Creating criminal offenses relating to money laundering,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4575 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5 and §61-14-6, all relating to laundering and concealment of proceeds from criminal activity; defining terms; creating felony crime of conducting financial transactions involving proceeds of criminal activity; creating felony crime of transporting, transmitting or transferring monetary instruments or property involving proceeds of criminal activity; providing for penalties; providing for presumptions when law enforcement or persons acting at the direction of law enforcement are involved with proceeds of criminal activity; denying availability of certain defenses; providing for seizure and forfeiture of property or monetary instruments; clarifying conduct that constitutes separate offenses; and setting forth venue for offenses,”
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. 4240, Relating to the Uniform Controlled Substances Act,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4240 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-406b, all relating to the Uniform Controlled Substances Act; offenses and penalties; providing mandatory minimum sentences for trafficking drugs into the state and for other drug offenses; increasing period of ineligibility for parole for certain violations of possession or distribution of controlled substances and establishing applicable conditions; increasing period of ineligibility for parole for transporting certain controlled substances into the state and establishing applicable conditions; prohibiting application of alternative sentences; and increasing the penalties for transporting controlled substances into the state,”
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. 4176, Permitting the Regional Jail and Correctional Facility Authority to participate in the addiction treatment pilot program,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4176 - “A Bill to amend and reenact §62-15A-1, §62-15A-2 and §62-15A-3 of the Code of West Virginia, 1931, as amended, all relating to the addiction treatment pilot program; defining terms; permitting the Regional Jail and Correctional Facility Authority to participate in the pilot program; establishing criteria for participants; and including the Director of the Regional Jail and Correctional Facility Authority and The Secretary of the Department of Military Affairs and Public Safety in the list of recipients of the report required to be made by the Department of Health and Human Resources,”
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. 2849, Creating the West Virginia Sentencing Commission,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 2849 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61‑14‑1, §61‑14‑2, §61‑14‑3 and §61‑14‑4, all relating to creating the West Virginia Sentencing Commission; establishing composition and membership of commission; providing legislative findings and purpose; setting forth objectives for the commission to pursue; and providing powers and duties of the commission,”
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. 4578, Creating a criminal offense of conspiracy to violate the drug laws,
And reports the same back with the recommendation that it 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. 597, Relating generally to Health Care Authority,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4526, Establishing an advisory council on rare diseases,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4526) was referred to the Committee on Finance.
Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4655, Prohibiting insurers, vision care plans or vision care discount plans from requiring vision care providers to provide discounts on noncovered services or materials,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Banking and Insurance.
Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4183, Relating generally to reporting opioid overdoses,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4183 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-24; and to amend and reenact §60A-9-4, all relating generally to reporting opioid overdoses; requiring emergency medical service agencies and emergency medical service providers to report nonlethal opioid overdoses to the Board of Pharmacy; establishing that the information reported be added to the West Virginia Controlled Substance Monitoring Program,”
And,
H. B. 4480, Addiction Treatment Act of 2016,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4480 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-51-1 and §16-51-2, all relating to prescribing certain controlled substances; defining terms; limiting to whom certain drugs may be prescribed; requiring notification; requiring a physician to prescribe certain drugs; limiting the prescription of drugs containing buprenorphine; setting a titration procedure; providing exemption to the titration procedure; and requiring chart notations,”
With the recommendation that the committee substitutes 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. 4644, Relating to deleting subsection (e) therein which provides the sheriff to pay into the State Treasury all jury costs,
And,
S. B. 558, Maintaining solvency of Unemployment Compensation 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. 4659, Authorizing local health departments to bill health insurance plans for services,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4659 - “A Bill to amend and reenact §16-2-11 of the Code of West Virginia, 1931, as amended, relating to local health departments; and authorizing local health departments to bill for medical services without obtaining approval from the commissioner,”
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. 4507, Providing an employer may grant preference in hiring to a veteran or disabled veteran,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4507 - “A Bill to amend and reenact §5-11-9 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §5-11-9a, all relating to granting preference in hiring to a veteran or disabled veteran; establishing that an employer granting preference in hiring a veteran or disabled veteran does not violate the state Human Rights Act under certain circumstances; providing that an employer may grant preference in hiring to a veteran or disabled veteran who has been honorably discharged from the United States Armed Services when the veteran or disabled veteran meets all of the knowledge, skills, and eligibility requirements of the job if granting said preference does not violate any state equal employment opportunity law; and defining the term ‘veteran’,”
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. 4673, Providing for a crime for the theft, damage or release of deer from private game farms,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4673 - “A Bill to amend the Code of West Virginia, 1931 as amended, by adding thereto a new section, designated §20-2-7a, relating to making unlawful the theft, damage or release of deer from private game farms; providing definitions; creating a crime for the taking or carrying away, or intentionally injuring or releasing any captive cervid that is the property of another person; providing a criminal penalty; and providing for restitution to be paid to the victim,”
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. 4225, Relating to patriotic displays at public buildings,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4225 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-17, relating to patriotic displays at public buildings; providing legislative findings; allowing for the national motto, “In God We Trust”, to be displayed on public buildings; allowing for the display of the POW-MIA flag at public buildings; authorizing costs associated with display of national motto or POW-MIA flag may be paid with any private donation, gifts, grants and bequests received by the governing authority; and requiring the Department of Administration to develop guidelines for appropriate display of the motto and flag,”
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. 4633, 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,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for 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,”
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. 4517, Limiting the ability of an agent under a power of attorney to take self-benefiting actions,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4517 – “A Bill to amend and reenact §39B-1-114 of the Code of West Virginia, 1931, as amended; and to amend and reenact §39B-2-101 of said code, all relating to limiting the ability of an agent under a power of attorney to take self-benefiting actions; creating a presumption that an act is not within the scope of authority granted in a power of attorney when an agent benefits from the act to the detriment of an ancestor, spouse, heir, or descendant, unless the authority to perform the act is expressly provided with particularity in identifying the existing property interest in the power of attorney; and prohibiting an agent from exercising authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise, unless the power of attorney expresses in the grant of authority the specific act and identifies the existing property interest with particularity, rather than in general terms,”
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 26th 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:
(Com. Sub. for S. B. 7), Establishing wrongful conduct rule prohibiting recovery of damages in certain circumstances,
(Com. Sub. for S. B. 14), Limiting successor corporation asbestos-related liabilities,
(Com. Sub. for S. B. 146), Establishing instruction standards for early childhood education,
(Com. Sub. for S. B. 150), Authorizing Department of Transportation promulgate legislative rules,
(Com. Sub. for S. B. 369), Reducing legislative education reporting requirements.
And,
(Com. Sub. for S. B. 387), Shared animal ownership agreements to consume raw milk.
Select Committee Reports
Delegate Ellington, Chair of the Select Committee on Prevention and Treatment of Substance Abuse submitted the following report, which was received:
Your Select Committee on Prevention and Treatment of Substance Abuse has had under consideration:
H. B. 4428, Clarifying that optometrists may continue to exercise the same prescriptive authority which they possessed prior to hydrocodone being reclassified,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Health and Human Resources be dispensed with.
In the absence of objection, reference of the bill (H. B. 4428) to the Committee on Health and Human Resources was abrogated.
Delegate Ellington, Chair of the Select Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:
Your Select Committee on Prevention and Treatment of Substance Abuse has had under consideration:
H. B. 4180, Authorizing a family court judge to order substance abuse counseling of a child in emergency situations,
And,
H. B. 4620, Prohibiting the production, manufacture or possession of fentanyl,
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. 4180 and H. B. 4620) were each referred to the Committee on the Judiciary.
Unanimous consent having been obtained, Delegate Frich was added as a cosponsor of H. B. 4732.
Messages from the Executive
Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on February 25, 2016, he approved S. B. 15, S. B. 123, S. B. 261, H. B. 4148, Com. Sub. for H. B. 4158, H. B. 4161, Com. Sub. for H. B. 4244 and Com. Sub. for H. B. 4245.
Upon being recognized, Delegate Campbell sought clarification regarding House Rule 137a, relating to the use of electronic devices on the floor of the House.
The Speaker replied, noting that the rule allows use of electronic communication devices to be authorized by the speaker and that the rule may need to be updated to address current technology. He further stated that use of a cell phone or other electronic device to communicate about legislation currently under consideration would be a violation of the rule.
Special Calendar
Third Reading
H. B. 2494, Creating a provisional plea process in criminal cases; 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. 206), 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: Ferro.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2494) 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. 4009, Letting Our Counties Act Locally Act; on third reading, coming up in regular order, was read a third time.
During the debate, Delegate Frich stated a point of order related to House Rule 32, related to order and decorum in debate.
The Speaker reminded Delegate Statler not to refer to members by name.
Delegate Cadle moved the previous question, which motion was sustained and rejected.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 207), and there were, including 4 paired --yeas 60, nays 39, absent and not voting 1, with the paired, nays, absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Byrd Nay: Marcum
Yea: Flanigan Nay: Foster
Nays: Azinger, Bates, Blair, Cadle, Eldridge, Espinosa, Faircloth, Fast, Folk, Frich, Gearheart, Hicks, Householder, Howell, Ihle, Lane, Lynch, McGeehan, Moffatt, Morgan, Moye, J. Nelson, Overington, Perdue, Phillips, Reynolds, Rodighiero, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Upson, Wagner, Waxman, B. White and P. White.
Absent and Not Voting: Ferro.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4009) 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. 4014, Preventing the State Board of Education from implementing common core academic standards and assessments; 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. 208), and there were, including 4 paired --yeas 73, nays 20, absent and not voting 7, with the paired, nays and absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Byrd Nay: Moye
Yea: Gearheart Nay: Flanigan
Nays: Arvon, Campbell, Caputo, A. Evans, Fleischauer, Guthrie, Hamilton, Hartman, Hornbuckle, Longstreth, Manchin, Moore, Morgan, Perdue, Perry, Pethtel, Pushkin, Rowe.
Absent and Not Voting: Eldridge, Ellington, Ferro, Fluharty, Skinner, Sponaugle and Trecost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4014) passed.
An amendment to the title of the bill, recommended by the Committee on Education, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4014 – “A Bill to amend and reenact §18‑2E‑5 of the Code of West Virginia, 1931, as amended, all relating generally to academic standards and assessments in primary and secondary schools; removing reference to the No Child Left Behind Act; adding digital literacy to the list of education and efficiency standards to be periodically reviewed; defining “academic standards”; making a findings with respect to the Legislature’s constitutional authority; making a finding regarding the state board of education’s adoption and renaming of Common Core State Standards; establishing the Academic Standards Evaluation Panel to be appointed by the Senate President and the Speaker of the House; establishing duties of the panel; requiring work of Panel to be completed by October 1, 2016; requiring the state board of education to adopt and implement the standards reviewed and revised by the Panel on or before the 2017-2018 school year; establishing criteria for any academic standards adopted by the state board; 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; prohibiting implementation of science standards effective July 1, 2016; requiring the state board to keep current science standards in effect through June 30, 2017; 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 and removing associated rule-making authority; requiring the state board of education to review and approve a summative assessment for certain grade levels to test proficiency in certain subject areas; requiring that summative assessments meet certain requirements; prohibiting the implementation of any assessment developed specifically to align with Common Core State Standards; requiring online assessment preparation; requiring the state board of education to develop a plan and make recommendations regarding end of course assessments and student accountability; establishing reporting requirements; requiring the state board to develop a policy outlining accountability measures for students taking the comprehensive statewide assessment; requiring that written requests by parent’s or guardian’s to opt their student out of assessment be granted; prohibiting discipline, punishment, or grade reduction of a student who opts out; prohibiting refusal to grant Promise Scholarship, placing in remedial courses or refusing admission to a West Virginia institution of higher education based upon the parent choice to opt out; and establishing maximum percentage of instructional time for summative assessment.”
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. 4201, Increasing the criminal penalties for participating in an animal fighting venture; 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. 209), and there were--yeas 85, nays 9, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Eldridge, Ihle, Kurcaba, Marcum, McGeehan, Perdue, R. Phillips, Walters and P. White.
Absent and Not Voting: Byrd, Ellington, Ferro, Flanigan, Hicks and Statler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4201) 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. 4351, Transferring the Cedar Lakes Camp and Conference Center from the West Virginia Board of Education to the Department of Agriculture; 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. 210), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Byrd, Ellington, Ferro, Flanigan and Statler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4351) passed.
Delegate Cowles moved that the bill take effect July 1, 2016.
On this question, the yeas and nays were taken (Roll No. 211), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Byrd, Ellington, Ferro, Flanigan and Pushkin.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4351) 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.
H. B. 4358, Relating to out of state physicians and surgeons traveling with sports teams within this state; 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. 212), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Byrd, Ellington, Ferro, Flanigan, Hamilton and Skinner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4358) 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. 4433, Allowing an adjustment to gross income for calculating the personal income tax liability of certain retirees; 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. 213), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Byrd, Ellington, Ferro, Flanigan, Hornbuckle and Skinner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4433) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 214), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, Byrd, Ellington, Ferro, Flanigan, Gearheart, Hornbuckle, Howell and Skinner.
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. 4433) 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. 4487, Relating to state retirement systems; 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. 215), and there were--yeas 91, nays 2, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Cowles and Moffatt.
Absent and Not Voting: Blair, Byrd, Ellington, Ferro, Flanigan, Hornbuckle and Skinner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4487) 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. 4519, Allowing certain municipalities to elect to participate in the West Virginia Municipal Police Officers and Firefighters Retirement System; 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. 216), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Byrd, Ellington, Ferro, Flanigan, Hornbuckle and Skinner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4519) 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. 4558, Relating to victim notification and designation of additional individuals to receive notice of an offender's release; 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. 217), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Ellington, Ferro, Flanigan, Foster and Skinner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4558) 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. 4607, Adding violations of law upon which a public servant’s retirement plan may be forfeited; on third reading, coming up in regular order, was, on motion of Delegate Cowles, postponed one day.
Com. Sub. for H. B. 4612, Relating generally to tax increment financing and economic opportunity development districts; 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. 218), and there were--yeas 81, nays 14, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Ambler, Azinger, Canterbury, Cooper, Faircloth, Folk, Ihle, Marcum, McGeehan, Stansbury, Summers, Upson, Waxman and P. White.
Absent and Not Voting: Byrd, Ellington, Ferro, Flanigan and Lynch.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4612) 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. 4636, Increasing the penalties for violating the Whistle-blower Law; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 219), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Ellington, Ferro and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4636) 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. 4652, Relating to the creation of an intermediate contractor’s license; 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. 220), and there were, including 2 paired--yeas 92, nays 5, absent and not voting 3, with the paired, nays and absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Reynolds Nay: Byrd
Nays: Gearheart, Householder, Marcum, Sobonya.
Absent and Not Voting: Ellington, Ferro and Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4652) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegates Sponaugle and Trecost announced that they were absent when the vote was taken on Roll No. 208, and that had they been present, they would have voted “Yea” thereon.
Delegates Eldridge, Fluharty and Skinner announced that they were absent when the vote was taken on Roll No. 208, and that had they been present, they would have voted “Nay” thereon.
Delegate Boggs announced that he was absent when the votes were taken on Roll Nos. 210 through 213, and that had he been present, he would have voted “Yea” thereon.
Delegate Howell announced that he was absent when the vote was taken on Roll No. 214, and that had he been present, he would have voted “Yea” thereon.
At 1:58 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 2:30 p.m.
Second Reading
Com. Sub. for H. B. 2110, Relating generally to the tax treatment of manufacturing entities; on second reading, coming up in regular order, was read a second time.
On motion of Delegate E. Nelson, the bill was amended on page five, section three, line twenty-two, following the number “211112”, by striking out the comma and the words “332992 or 332994”.
And on page six, section four, line five, following the number “211112”, by striking out the comma and the words “332992 or 332994”.
And,
On page seven, section four, line eleven, following the word “article” and the parenthesis, by striking out the words “for any eligible taxpayer operating a business activity classified as having a sector identifier, consisting of the six digit code number 211112; and (2)”, and inserting in lieu thereof a colon and the words “Provided, That”.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2205, Creating the crime of prohibited sexual contact by a psychotherapist; 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. 2801, Permitting county commissions and municipalities to designate areas of special interest which will not affect the use of property in those areas; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2960, Permitting county boards of education to develop emergency preparedness drills in schools; 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. 4237, Supporting and Strengthening Families Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4299, Increasing the amount volunteer fire companies or paid fire departments may charge for reimbursement; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4315, Relating to air-ambulance fees for emergency treatment or air transportation; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4321, Relating to tax credits for apprenticeship training in construction trades; 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. 4330, Relating to make unlawful to take a fish, water animal or other aquatic organism from state waters to stock a commercial pond or lake; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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; on second reading, coming up in regular order, was read a second time.
Delegate Foster moved to amend the bill on page ten, section 15b, line thirty-one, after the word “Virginia”, by inserting a comma and “who is practicing in the same facility as the collaborating advanced practice registered nurse” and a comma.
On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 221), and there were--yeas 21, nays 71, absent and not voting 8, with the yeas and absent and not voting being as follows:
Yeas: Arvon, Atkinson, Border, Butler, Cadle, Cowles, D. Evans, Foster, Frich, Hornbuckle, Howell, Kessinger, Lane, E. Nelson, Phillips, Rodighiero, Rohrbach, Stansbury, Statler, Waxman and Zatezalo.
Absent and Not Voting: Azinger, Byrd, Cooper, Ellington, Ferro, Flanigan, Moore and Weld.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.
An amendment to the bill, recommended by Delegate Foster, was reported by the Clerk.
Whereupon,
Unanimous consent having been obtained the amendment was withdrawn and reformed as follows:
On page twelve, section fifteen-d, line four, after the period by inserting following, “This section may not be construed to expand the scope of practice of an advanced practice registered nurse outside his or her area of specialty.”
The amendment was then adopted.
There being no further amendments, the bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4339, Relating to wildlife resources; 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. 4380, Adding the spouse of an indigent person as a possible individual who may be liable for the funeral service expenses; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Cowles, and by unanimous consent, the bill was advanced to third reading with amendments pending and with restricted right to amend by Delegates E. Nelson and Reynolds, and the rule was suspended to permit the consideration of the amendments on that reading.
H. B. 4411, Relating to penalty for illegally taking native brook trout; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4461, Relating to School Building Authority School Major Improvement Fund eligibility; 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. 4554, Allowing an increase of gross weight limitations on certain roads in Greenbrier County; 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. 4587, Relating to violations associated with absent voters’ ballots; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4658, Relating to the Board of Funeral Service Examiners; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4706, Relating to county board regional meetings; on second reading, coming up in regular order, was, on motion of Delegate Cowles, postponed one day.
H. B. 4725, Relating to 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 and making certain clarifications; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4727, Relating to state plan amendments; on second reading, coming up in regular order, was read a second time.
An amendment to the bill, offered by Delegate Lane, was reported by the Clerk.
Delegate Cowles arose to a point of order as to the germaneness of the amendment.
To the point of order the Speaker replied, ruling that the amendment was not germane to the fundamental purpose of the bill.
An amendment to the bill, offered by Delegate Perdue, was reported by the Clerk. Whereupon, Delegate Perdue asked and obtained unanimous consent that the amendment be withdrawn.
The being no further amendments, the bill was then ordered to engrossment and third reading.
H. B. 4730, Relating to computer science courses of instruction; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4731, Relating to requiring comprehensive drug awareness and prevention program in all public schools; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4732, Relating to performance metrics for the West Virginia 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. 4733, Relating to requiring the Commissioner of Highways to develop a statewide communications plan known as the Comprehensive Public Involvement Plan; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4315, Relating to air-ambulance fees for emergency treatment or air transportation; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for S. B. 10, Creating Unborn Child Protection from Dismemberment Abortion Act,
Com. Sub. for H. B. 2826, Requiring the Commissioner of the Division of Highways to approve points of access to and from state highways to real property used or to be used for commercial, industrial or mercantile purposes; “Sarah Nott’s Law”,
Com. Sub. for H. B. 4279, Relating to disposition of seized firearms,
Com. Sub. for H. B. 4317, Limiting factors in parenting plans,
H. B. 4324, Authorizing information sharing by Workforce West Virginia,
H. B. 4346, Relating to bear hunting and offenses and penalties,
Com. Sub. for H. B. 4352, Relating to the selling of certain state owned health care facilities by the Secretary of the Department of Health and Human Resources,
Com. Sub. for H. B. 4448, Clarifying that communication by a lender or debt collector which is allowed under the West Virginia Consumer Credit and Protection Act, likewise does not violate the provisions of the West Virginia Computer Crime and Abuse Act,
Com. Sub. for H. B. 4463, Permitting the practice of telemedicine,
Com. Sub. for H. B. 4502, Allowing reciprocity agreements with contiguous states to establish regulations, licensing requirements and taxes for small businesses,
And,
Com. Sub. for H. B. 4505, Allowing powerball winners to remain anonymous.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegate Ferro.
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
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 R. Smith, Ireland, Phillips, Caputo, Eldridge, Anderson, Boggs, D. Evans, Ambler, Lynch, Zatezalo, Upson, Cadle, P. White, McCuskey and Storch:
H. B. 4726 - “A Bill to repeal §22-3A-1, §22-3A-2, §22-3A-3, §22-3A-4, §22-3A-5, §22-3A-6, §22-3A-7, §22-3A-8, §22-3A-9 and §22-3A-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-4C-6c of said code; to amend and reenact §22‑1‑7 of said code; to amend and reenact §22-3-2, §22-3-4, §22-3-13, §22-3-13a, §22‑3-22a, §22-3-30a of said code; to amend said code by adding thereto six new sections, designated §22-3-34, §22-3-35, §22-3-36, §22-3-37, §22-3-38 and §22-3-39; to amend and reenact §22-3A-2, §22-3A-4, §22-3A-5, §22-3A-6, §22-3A-8 and §22-3A-10 of said code; to amend and reenact §22-11-6 of said code; to amend and reenact §22A‑1‑13, §22A-1-14, §22A-1-15, §22A-1-19, §22A-1-20, §22A-1-31 and §22A-1-35 of said code; to amend and reenact §22A-1A-2 of said code; to amend and reenact §22A-2-3, §22A-2-8, §22A-2-14, §22A-2-20, §22A-2-25, §22A-2-36, §22A-2-55, §22A-2-66 and §22A-2-77 of said code; to amend and reenact §22A-7-7 of said code, all relating to coal mining generally; making findings; eliminating the Department of Environmental Protection Office of Explosives and Blasting and consolidating the remaining duties and responsibilities related to blasting to the Department of Environmental Protection Division of Mining and Reclamation; adding blasting oversight; providing that the Department of Environmental Protection to revise rules on hydrologic protection and stormwater runoff analyses on mining operations and to promulgate rules that conform with the federal regulations requirements to minimize the disturbances to the prevailing hydrologic balance at a mine site and in associated off-site areas; providing that cumulative hydrologic impact assessment may be conducted; requiring a statement of probable hydrologic consequences and to prevent flooding; modifying certain findings, ventilation requirements, and roof or rib requirements; requiring the Department of Environmental Protection to follow deadlines for approving or denying applications for site specific water quality criteria; providing that state mine rescue teams may serve as backup mine rescue teams for mines in this state; providing that the Director of the Office of Miners’ Health, Safety and Training to have the authority to amend and propose rules for the use of diesel equipment in the state’s mines; providing that the Board of Mine Health and Safety to have the authority to propose rules for the use of diesel equipment in the state’s mines; providing for hearings over suspensions for positive drug tests, transferring certification authority to the Director of the Office of Miners’ Health Safety and Training for mining emergency medical technicians; requiring the State Board of Appeals to allow evidence of testing procedures and test results be introduced through notarized affidavits from Medical Review Officers and testify if necessary; providing for telephonic testimony under oath; providing that the penalty for not reporting accidents in fifteen minutes to the Office of Miners’ Health, Safety and Training be modified to “up to $100,000”; providing that the Director of Office of Miners’ Health, Safety and Training shall have the authority to modify assessed penalties and penalties may be modified by the State Board of Appeals based on a vote of two Board members; providing a method incase a miners’ wireless emergency communications device fails; and allowing company input into state supervisory training and how it is scheduled during the year.”
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. 4654, Relating to the Executive Secretary of the Board of Registered Professional Nurses,
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. 4685, Relating to professional and occupational board members,
And,
H. B. 4696, Creating the unlicensed practice review board,
And reports the same back with the recommendation that they each 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. 4660, 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 stormwater service project,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4660 - “A Bill to amend and reenact §24-2-11 of the Code of West Virginia, 1931, as amended, relating to Public Service Commission certificates of convenience and necessity for water, sewer and/or stormwater service projects; requiring a preliminary engineering report and financial analysis of the proposed project; prohibiting the Public Service Commission from requiring final design materials to be submitted in support of an application; permitting an entity to pursue a further rate increase through the normal rate changing process if an increase is needed exceeding fifteen percent above the rates already approved; prohibiting the Public Service Commission from modifying the scope of a project to which a certificate was previously granted; and prohibiting the rescinding of a previously granted certificate if the rates expected to go in effect upon substantial completion of the project have increased by less than fifteen percent,”
And,
H. B. 4561, Creating a special hiring process for West Virginia Division of Highways employees,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4561 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-4a, relating to requiring the Commissioner of the Division of Highways and the Director of the Division of Personnel to collaborate to develop a special hiring procedure for hourly personnel positions in the Division of Highways; establishing requirements for the special hiring procedure; exempting the Division of Highways and the division of Personnel from classified service hiring procedures upon implementation of the special hiring process; exceptions; establishing reporting requirements; and requiring emergency and legislative rulemaking,”
With the recommendation that the committee substitutes each 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. 4608, Requiring the State Auditor to consider for payment a claim submitted by an electronically generated invoice,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4608 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-3-10g, relating to requiring the State Auditor to consider for payment a claim submitted by an electronically generated invoice,”
With the recommendation that the committee substitute do pass.
On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates McCuskey, Shott, Deem, Sobonya, Folk Fast, Manchin, Moore, Fluharty, and Fleischauer:
H. B. 4734 - “A Bill to amend and reenact §33-30-6 of the Code of West Virginia, 1931, as amended, and to amend and reenact §33-30-8 of said code, all relating to mine subsidence insurance; increasing the maximum amount of the total insured value reinsured by the Board of Risk Management.”
Delegate E. Nelson, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4466, Relating to public school support,
And reports back a committee substitute therefore, with the new title, as follows:
Com. Sub. for H. B. 4466 – “A Bill to amend and reenact §18-9A-4, §18-9A-5, §18-9A-6a, §18-9A-7, §18-9A-8a, §18-9A-9 and §18-9A-10 of the Code of West Virginia, 1931, as amended, all relating to public school support; basing the allowable number of state aid professional educators on a ratio basis, rather than the number employed subject to a limit; providing a certain salary level be used when the number of professional positions exceed the number employed in a county; basing minimum professional instructional personnel required to be on a ratio basis of funded professional educators; providing for prorating professional instructional personnel among participating counties in a joint school or in joint programs and services; deleting obsolete language and mandated periodic legislative review; basing the allowable number of service personnel on a ratio basis, rather than number employed subject to a limit; providing a certain salary level be used when the number of service positions exceed the number employed in a county; providing for proration of number and allowance of personnel employed in part by state and county funds; adding professional student support personnel allowance to calculation of teachers retirement fund allowance; updating employer retirement contribution rate percentage used for calculating retirement allowance to reflect both plans; allowing a limited portion of funds for bus purchases to be used for certain facility, equipment and other current expense priorities if requested and approved; reducing maximum amount of foundation allowance for regional education service agencies; reducing percent of growth in local share amount for improving instructional programs; removing authorization for use of instructional improvement funds for implementation and maintenance of regional computer information system; increasing percent of growth in local share amount for improving instructional technology; increasing base dollar amount to be distributed to each county; authorizing the use of instructional technology improvement funds for employment of technology system specialist subject to a limit and authorization by state superintendent; and specifying when certain debt service funds payments are to be made into school building capital improvement fund,”
And,
H. B. 4566, Relating to school personnel,
And reports back a committee substitute therefore, with the same title, as follows:
Com. Sub. for H. B. 4566 – “A Bill to amend and reenact §18-4-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-2-2, §18A-2-5a, §18A-2-6, §18A-2-7 and §18A-2-8a of said code; to amend said code by adding thereto a new section, designated §18A-2-7b; to amend and reenact, §18A-4-7a, §18A-4-8b and §18A-4-8e of said code; and to amend and reenact §18A-5-8 of said code, all relating to school personnel; including assistant and associate superintendents under provisions for permanent administrative certification for superintendents; changing deadline for county board vote on termination of continuing contracts of teachers; requiring the department to report on database system certain disqualifications to teach; changing deadlines for teachers and service personnel to give notice of retirement to qualify for early notification payment; changing deadline for county board vote on termination of continuing contracts of service persons; changing deadline for notice of consideration for transfer; changing deadline for hearing on proposed transfer; changing deadline to provide list of employees considered for transfer to county board; changing method of notification and documentation of receipt of notice to employees recommended for transfer; making technical alignment of dates on personnel action and foreseen need for personnel; consolidating limitations on employee transfers after twentieth day prior to instructional term; removing reports to state superintendent; removing exemption for position vacated but not posted; changing transfer limit to twentieth day for prior for service person employed and assigned as autism mentor or certain aid, paraprofessional, interpreter or early childhood assistant teacher; limiting transfers service persons after the twentieth day prior with certain exceptions; changing deadline providing county board list of probationary teachers recommended for rehire; providing for filling position known on or before March 1 to exist for the next school year and requiring employees subject to release to be considered prior to posting for application for nonemployees; removing requirement to submit lateral transfer policies to state board to be complied for reports to LOCEA; facilitating postings for longer than the five-day minimum; removing requirement to any applicant of status of his or her application after hiring decision made; changing requirements for notice and receipt notification to persons on preferred recall of all position openings; requiring periodic review and update of service personnel competency tests; removing requiring requirement for minimum one day in-service training to assist preparation for competency tests; removing obsolete language and making technical improvements,”
With the recommendation that the committee substitutes each do pass.
Remarks of Members
Delegate Eldridge asked and obtained unanimous consent that the remarks of Delegate Lane regarding the amendment he offered to H. B. 4727 be printed in the Appendix to the Journal.
Miscellaneous Business
Delegate Lynch announced that he was absent when the vote was taken on Roll No. 218, and that had he been present, he would have voted “Yea” thereon.
Delegate Arvon filed a form with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. B. 4733.
Delegate Hamrick filed a form with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. B. 4473.
Delegate Shaffer filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. C. R. 80.
At 3:51 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 5:30 p.m.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 106 - “A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to disclaimers of warranties with respect to goods which are the subject of, or are intended to become the subject of, a consumer transaction; permitting exclusion, modification or limitation of warranty upon sale of manufactured home under certain circumstances; permitting consumer to waive a warranty as to a particular defect or malfunction which dealer has disclosed; and setting requirements for waiver to be effective”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of
S. B. 419, Relating to termination of Workers’ Compensation Debt Reduction Act.
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. 525 - “A Bill to amend and reenact §33-26-2, §33-26-3, §33-26-4, §33-26-5, §33-26-8, §33-26-9, §33-26-10, §33-26-11, §33-26-12, §33-26-13, §33-26-14 and §33-26-18 of the Code of West Virginia, 1931, as amended, all relating to West Virginia Insurance Guaranty Association Act; modifying scope and construction of act; adding and amending definitions; clarifying and adding powers, duties and rights of association; modifying provisions concerning effect of paid claims, exhaustion of coverage, prevention of insolvencies and stay of proceedings; changing due date of annual financial report; limiting covered claims; expanding association’s right to recover and be reimbursed; providing for confidentiality of financial information; and exempting certain reports and recommendations from Freedom of Information Act”; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 538 - “A Bill to amend and reenact §5B-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §6-7-2a of said code; to amend and reenact §17A-2-6 of said code; and to amend and reenact §29-21-5 of said code, all relating to the salaries of appointed officers being fixed by Governor”; 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. 593 - “A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to disqualification for unemployment benefits; providing that an individual shall be disqualified for benefits for any week, or portion of a week, in which he or she left or lost his or her job as a result of a strike; clarifying that a lockout shall not be deemed to be a strike; providing that a lockout shall not form the basis of any disqualification from benefits; providing that operation of a facility by employees of the company shall not be deemed reason to grant employees on strike unemployment benefits; and establishing that operation of a facility by workers hired to replace the employees on strike would make striking workers eligible for benefits”; 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
S. B. 613 - “A Bill to amend and reenact §31A-4-26 of the Code of West Virginia, 1931, as amended, relating to defining unimpaired capital and unimpaired surplus for purposes of calculating the lending limit of a state-chartered bank”; which was referred to the Committee on Banking and Insurance then the Judiciary.
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 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 26th day of February, 2016, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. 4145), Relating to carry or use of a handgun or deadly weapon.
On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates McCuskey, Ireland, Shaffer, Kessinger, Sobonya, Summers and Azinger:
H. B. 4735 - “A Bill to amend §55-7B-2 of the Code of West Virginia, 1931, as amended, relating to the definition of health care provider, and clarifying that speech-language pathologists and audiologists are two separate providers.”
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. 2665, Relating to participation in Motor Vehicle Alcohol Test and Lock Program,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2665 - “A Bill to amend and reenact §17C-5-2b of the Code of West Virginia, 1931, as amended, relating to participation in Motor Vehicle Alcohol Test and Lock Program; limiting eligibility for participation in the program and for dismissal and discharge of charges,”
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. 4314, Prohibiting the sale of powdered or crystalline alcohol,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4314 - “A Bill to amend and reenact §60-1-5, §60-3-11, §60-6-7 and §60-6-8 of the Code of West Virginia, 1931, as amended, all relating to prohibiting the sale of powdered or crystalline alcohol; and to amend said code by adding thereto a new section, designated §61-10-33, all relating to prohibiting the sale of pure caffeine products; defining terms; prohibiting the commissioner from listing or stocking powdered alcohol in inventory; creating a criminal offense for anyone who manufactures or sells, aids or abets in the manufacture or sale of powdered alcohol, or possesses, uses or in any other manner provides or furnishes powdered alcohol; making a second and subsequent offense a felony and providing for increased penalties; creating a criminal offense for any licensee who sells, possesses, possesses for sale, furnishes or provides any powdered alcohol; making a second and subsequent offense a felony and providing for increased penalties; defining terms; creating a criminal offense for the sale and possession of pure caffeine products; providing exclusions; and providing penalties,”
With the recommendation that the committee substitute do pass.
At 5:59 p.m., the House of Delegates adjourned until 12 noon, Saturday, February 27, 2016.