__________*__________
Saturday, February 27, 2016
FORTY-SIXTH DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
The House of Delegates met at 12 noon, and was called to order by the Honorable Tim Armstead, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, February 26, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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:
(S. B. 419), Relating to termination of Workers’ Compensation Debt Reduction Act.
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. 4168, Creating a special motor vehicle collector license plate,
And reports back a committee substitute therefore, with the new title, as follows:
Com. Sub. for H. B. 4168 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-6F-1, §17A-6F-2 and §17A-6F-3, all relating to authorizing the commissioner of the division of motor vehicles to issue a special motor vehicle collector license plate; defining terms; establishing requirements for issuance; establishing fees; and providing requirements and conditions for use of the plate on a collector motor vehicle,”
H. B. 4239, Relating to construction of a modern highway from Pikeville, Kentucky to Beckley, West Virginia,
And reports back a committee substitute therefore, with the new title, as follows:
Com. Sub. for H. B. 4239 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8d, relating to development of a highway project plan for the extension of the state of Kentucky’s Mountain Parkway Expansion project from the eastern Kentucky border with West Virginia into Mercer County and Raleigh County; legislative findings; requiring the commissioner of highways to develop the highway project plan; requiring quarterly progress and status reports; requiring a full report to the Legislature by the first day of the 2017 regular session,”
H. B. 4301, Relating to a framework for initiating comprehensive transformation of school leadership,
And reports back a committee substitute therefore, with the same title, as follows:
Com. Sub. for H. B. 4301 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18 2 36, relating to a framework for initiating comprehensive transformation of school leadership; making legislative findings that provide a context for leadership that promotes instructional improvement; stating purpose of section as framework for development of needed statutory and policy changes; stating further purpose to initiate transformation through general statement of legislative intent; providing certain expectations; stating intent for process of broad stakeholder input; requiring convening of stakeholders to assist state board; listing minimum issues to be considered for state recommendations; and requiring reports and recommendations to Legislature and Governor,”
H. B. 4486, Terminating the Behavioral Health Severance and Business Privilege Tax,
And reports back a committee substitute therefore, with the same title, as follows:
Com. Sub. for H. B. 4486 - “A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15-9i of said code, all relating to the termination of behavioral health severance and business privilege tax; specifying effective date of the termination; establishing method of payment of outstanding refund claims; generating replacement revenue stream by changing the durable medical goods sales tax exemption to home users only; specifying effective dates of this amendment; providing method to claim this exemption; and providing definitions for clarification,
H. B. 4500, Oil and Gas Royalty Payment and Transparency Act of 2016,
And reports back a committee substitute therefore, with the new title, as follows:
Com. Sub. for H. B. 4500 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-6C-1, §22-6C-2, §22-6C-3, §22-6C-4, §22-6C-5 and §22-6C-6, all relating to oil and gas royalty owner protections; providing methods of ensuring transparency in determining the amount paid to a royalty interest owner by requiring certain information be attached to the payment instrument provided to the interest owner by the producer; defining terms; establishing a general rule for the accumulation of proceeds from production and the payment of funds therefrom; requiring the timely payment of royalties and establishing interest penalty for failure to timely pay an interest owner; requiring oil and gas producers to report to the Department of Environmental Protection on a quarterly basis all production data associated with a given well; requiring the Department of Environmental Protection to collect all quarterly production data and organize such data on the Department of Environmental Protection website; resolving conflicts between division orders and leases; and providing for rulemaking,”
H. B. 4625, Redirecting certain racing and gaming revenues from greyhound development funds to the State Road Fund.
And reports back a committee substitute therefore, with the same title, as follows:
Com. Sub. for H. B. 4625 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-23-30; to amend said code by adding thereto a new section, designated §29-22-31; to amend said code by adding thereto a new section, designated §29-22A-20; and to amend said code by adding thereto a new section, designated §29-22C-35, all relating to redirecting certain racing and gaming revenues from greyhound development funds to the State Road Fund,”
And,
H. B. 4662, Permitting the Superintendent of the State Police to collect $3 dollars from the sale of motor vehicle inspection stickers,
And reports back a committee substitute therefore, with the new title, as follows:
Com. Sub. for H. B. 4662 - “A Bill to amend and reenact §17C-16-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-16-6 of said code, all relating to permitting the Superintendent of the State Police to collect $3 dollars from the sale of motor vehicle inspection stickers to purchase, equip and maintain vehicles; increasing the allowable fee for vehicle inspection and any necessary headlight adjustment,”
And reports the same back, with the recommendation that they each do pass.
At the respective requests of Delegate Cowles and by unanimous consent Com. Sub. for H. B. 4486, Com. Sub. for H. B. 4500, Com. Sub. for H. B. 4625 and Com. Sub. for H. B. 4662 were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 4196, Relating to abandoned antique vehicles,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4196 - “A Bill to amend and reenact §17-24A-1 and §17-24A-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-4-10 of said code; and to amend said code by adding thereto a new section, designated §17-24A-6a, all relating to abandoned antique vehicles; adding new definitions; allowing automobile auctions to obtain title to abandoned vehicles; creating a process by which an automobile auction may obtain a salvage certificate or a nonrepairable motor vehicle certificate for vehicles abandoned on its property; establishing a process by which automobile auctions may obtain title to and sell certain abandoned vehicles; allowing an insurance company to obtain a salvage certificate or a cosmetic total loss salvage certificate after paying a total loss claim on a vehicle; creating a special procedure for a person in possession of an abandoned antique vehicle to apply for and receive title to the vehicle; creating a procedure for the Division of Motor Vehicles to search for the owner of the vehicle and provide notice of the application for title to vehicle; creating a procedure for the owner to reclaim the vehicle within 30 days of notice of an application for title to the vehicle; establishing fees to accompany an application for title to the vehicle; establishing fees for reclamation of the vehicle by owner; creating a misdemeanor and imposing fines for interfering with an owner's attempt to reclaim a vehicle; and directing the division to promulgate rules and forms to effectuate new procedure,”
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. 4308, Barring persons who are convicted of certain criminal offenses from acquiring property from their victims,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4308 - “A Bill to amend and reenact §̀36-1-20 of the Code of West Virginia, 1931, as amended; and to amend and reenact §42-4-2 of said code, all relating generally to barring persons who are convicted of certain criminal offenses from acquiring property from their victims through joint tenancy or inheritance; and creating exceptions,”
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 Folk, Overington, Zatezalo, Manchin, Moore, Sobonya, Kessinger, Foster, Summers and Azinger:
H. B. 4724 - “A Bill to amend and reenact §61-5-27 of the Code of West Virginia, 1931, as amended, relating to adding a requirement for the likelihood of imminent lawless action to the prerequisites for the crime of intimidation and retaliation.”
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. 4248, Relating to methadone regulation,
And reports back a committee substitute therefore, with the same title, as follows:
Com. Sub. for H. B. 4248 - “A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §16-5Y-1, all relating to methadone regulation; requiring the secretary of Health and Human Resources to propose legislative rules for the regulation of opioid treatment programs; requiring the Health Care Authority to develop new certificate of need standards; prohibiting the Health Care Authority from approving applications of certificate of need for opioid treatment programs; imposing a moratorium on licensure of certain new opioid treatment programs; providing the secretary monitor opioid treatment programs; requiring program staff to receive minimum training; setting forth standards for initial assessment to admission to a program; setting forth criteria to be admitted to a treatment program; requiring a program to develop individualized treatment plans; providing for random drug testing for program patients; enunciating consequences for positive drug tests, including mandatory counseling; requiring mandatory statistical reporting to the Department of Health and Human Resources and the Legislative Oversight Commission on Health and Human Resources; prescribing times programs must be open; setting forth certain staff requirements for programs; requiring programs to establish peer review committees that include a physician member; and requiring the secretary to prescribe the procedure for peer review,”
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Cowles, and by unanimous consent, the bill (Com. Sub. for H.B. 4248) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 4364, Internet Privacy Protection Act,
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. 4035, Permitting pharmacists to furnish naloxone hydrochloride,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4035 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-46-7; relating to permitting pharmacists to furnish opioid antagonists in accordance with standardized procedures developed and approved by both the West Virginia Board of Pharmacy and the West Virginia Board of Medicine; and granting rule-making authority,”
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. 4537, Relating to the regulation of chronic pain clinics,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4537 - “A Bill to amend and reenact §16-5H-2, §16-5H-5 and §16-5H-7 of the Code of West Virginia, 1931, as amended, all relating to the regulation of chronic pain clinics; updating definitions; deleting an exemption; and clarifying the process for hearing notices regarding license suspension or revocation,”
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 Weld, Kessinger, Sobonya, Summers, Shott, Fast, McCuskey, Moore, Shaffer, Byrd and Manchin:
H. B. 4737 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-406a, relating to increased penalties for manufacturing or transportation of a controlled substance in the presence of a minor; providing for increased penalty for adult persons convicted of manufacturing, delivering, or possessing with the intent to manufacture or deliver a controlled substance in the presence of a minor; and providing for increased penalty for adult persons convicted of transporting a controlled substance into this state with the intent to deliver or manufacture a controlled substance while being in the presence of a minor at the time of the offense.”
Resolutions Introduced
Delegate A. Evans offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:
H. C. R. 92 - “Requesting the Division of Highways to name the bridge number 1296 on Route 220, Franklin Pike, five miles South of Petersburg, Grant County, the ‘Captain John Bond and the West Virginia State Troops Memorial Bridge’.”
Whereas, The Home Guard in Petersburg, Grant County, was officially called the West Virginia State Troops during the Civil War. One of the local Captains of the State Troops was Captain John Bond who was Captain of Company A. All of the members of this company were from the Franklin Pike area. Many of these men gave their lives for their state and country during one of the darkest periods in the history of the United States and West Virginia; and
Whereas, Naming the bridge number 1296 on Route 220, Franklin Pike, five miles south of Petersburg, Grant County, the "Captain John Bond and the West Virginia State Troops Memorial Bridge" is an appropriate recognition of his contributions and those of the brave men who comprised the members of Company A of the West Virginia State Troops to their country, state, community and Grant County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 1296 on Route 220, Franklin Pike, five miles south of Petersburg, Grant County, the "Captain John Bond and the West Virginia State Troops Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Captain John Bond and the West Virginia State Troops Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Divison of Transportation and the surviving relatives of Captain John Bond, the surviving relatives of the West Virginia State Troops and to the 7th West Virginia Infantry Camp #7, Sons of the Civil War.
Motions
Delegate Sponaugle submitted a written motion, under the provisions of House Rule 82, to discharge H. B. 2709, with a second reference to the Committee on Finance.
Delegate Cowles moved that the motion be tabled.
On this motion, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 222), and there were--yeas 52, nays 38, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Bates, Blackwell, Boggs, Campbell, Caputo, Eldridge, Faircloth, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hanshaw, Hartman, Hicks, Hornbuckle, Ihle, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Morgan, Moye, Perdue, Perry, Pethtel, Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle and P. White.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Kurcaba, Lane, Miller and Moore.
So, a majority of the members present and voting having voted in the affirmative, the motion to table the motion to discharge prevailed.
Special Calendar
Third Reading
Com. Sub. for H. B. 2110, Relating generally to the tax treatment of manufacturing entities; 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. 223), and there were--yeas 89, nays 1, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Fleischauer.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Kurcaba, Lane, Miller 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. 2110) 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. 2205, Creating the crime of prohibited sexual contact by a psychotherapist; on third reading, coming up in regular order, was reported by the Clerk.
At the request of Delegate Cowles, and by unanimous consent, reference of the bill (Com. Sub. for H.B. 2205) to the Committee on Finance was dispensed with.
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. 224), and there were--yeas 56, nays 34, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Azinger, Bates, Blackwell, Campbell, Canterbury, Caputo, Eldridge, Fleischauer, Fluharty, Folk, Guthrie, Hartman, Hicks, Hornbuckle, Ihle, Kelly, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Moye, J. Nelson, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Shaffer, Skinner, Sponaugle, Trecost and P. White.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Kurcaba, Lane, Miller 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. 2205) 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. 2801, Permitting county commissions and municipalities to designate areas of special interest which will not affect the use of property in those areas; 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. 225), and there were--yeas 88, nays 2, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: Cowles and Moffatt.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Kurcaba, Lane, Miller 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. 2801) 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. 2960, Permitting county boards of education to develop emergency preparedness drills in schools; 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. 226), and there were--yeas 85, nays 5, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: D. Evans, Lynch, Marcum, Moye and Perry.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Kurcaba, Lane, Miller and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2960) passed.
Delegate Cowles moved that the bill take effect July 1, 2016.
On this question, the yeas and nays were taken (Roll No. 227), and there were--yeas 84, nays 6, absent and not voting 10, with the nays and absent and not voting being as follows:
Nays: D. Evans, Marcum, Moye, Perry, Skinner and P. White.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Kurcaba, Lane, Miller and Moore.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2960) takes effect July 1, 2016.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4237, Supporting and Strengthening Families Act; 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. 228), and there were--yeas 88, nays 1, absent and not voting 11, with the nays and absent and not voting being as follows:
Nays: Shaffer.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Kurcaba, Lane, Miller, Moore and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4237) 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. 4299, Increasing the amount volunteer fire companies or paid fire departments may charge for reimbursement; 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. 229), and there were--yeas 88, nays none, absent and not voting 12, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Guthrie, Kelly, Kurcaba, Lane, Miller and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4299) 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. 4315, Relating to air-ambulance fees for emergency treatment or air transportation; 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. 230), and there were, including 2 paired --yeas 66, nays 24, absent and not voting 10, 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: McGeehan
Nays: Arvon, Azinger, Blair, Butler, Faircloth, Fast, Folk, Gearheart, Hamrick, Hill, Howell, Ihle, Kessinger, Lynch, McCuskey, J. Nelson, Shaffer, Sponaugle, Storch, Trecost, Upson, Wagner, B. White.
Absent and Not Voting: Cooper, Deem, Eldridge, Ellington, Ferro, Flanigan, Kurcaba, Lane, Miller and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4315) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4315 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-8a, relating to collection of air-ambulance fees for emergency treatment or air transportation rendered to persons covered by Public Employee Insurance Agency plans; allowing providers of air ambulance services not under contract with the Public Employees Insurance Agency to collect an amount up to the equivalent paid for federal reimbursement for services rendered to covered employees or dependents; and requiring providers of air ambulance services that enter into a subscription service agreement with employees or dependents covered by Public Employee Insurance Agency plans to accept the subscription fee as payment in full for services rendered.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4321, Relating to tax credits for apprenticeship training in construction trades; 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. 231), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Kurcaba, Lane, Miller and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4321) passed.
Delegate Cowles moved that the bill take effect January 1, 2017.
On this question, the yeas and nays were taken (Roll No. 232), and there were--yeas 88, nays none, absent and not voting 12, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Fleischauer, Kurcaba, Lane, McCuskey, Miller and Moore.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4321) takes effect January 1, 2017.
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. 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 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. 233), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Kurcaba, Lane, Miller 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. 4330) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 234), and there were--yeas 89, nays none, absent and not voting 11, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Householder, Kurcaba, Lane, Miller and Moore.
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. 4330) 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.
H. B. 4334, Clarifying the requirements for a license to practice as an advanced practice registered nurse and expanding prescriptive authority; 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. 235), and there were, including 4 paired --yeas 72, nays 20, absent and not voting 8, 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: Rohrbach
Yea: Sponaugle Nay: Flanigan
Nays: Arvon, Atkinson, Border, Butler, Cadle, D. Evans, Frich, Hamrick, Kessinger, E. Nelson, Perry, Rodighiero, Stansbury, Statler, Storch, Waxman, B. White, Zatezalo.
Absent and Not Voting: Cooper, Deem, Ellington, Ferro, Kurcaba, Lane, Miller 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. 4334) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 3:06 p.m., on motion of Delegate Cowles, the House of Delegates recessed for fifteen minutes.
Com. Sub. for H. B. 4339, Relating to wildlife resources; 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. 236), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Faircloth, Ferro, Flanigan, Hamilton, Hicks, Hornbuckle, Kurcaba, Lane, Marcum, McGeehan, Miller, Moore, Morgan and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4339) 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. 4380, Adding the spouse of an indigent person as a possible individual who may be liable for the funeral service expenses; on third reading, coming up in regular order, with amendments pending and with restricted right to amend by Delegates E. Nelson and Reynolds, was reported by the Clerk.
On motion of Delegates Summers and E. Nelson, the bill was amended on page three, section eighteen, line thirty-two, following the word “cremation”, by inserting the words “and expenses for interment by a perpetual care cemetery as these terms are defined in section one, article five-a, chapter thirty-five of the code.”
An amendment to the bill, offered by Delegate Reynolds, was reported by the Clerk on page two, section eighteen, line one, by striking out the number “$1,000.00” and inserting in lieu thereof the number “$1,250.00”.
Whereupon, Delegate Reynolds asked and obtained unanimous consent that the amendment be withdrawn.
On motion of Delegates E. Nelson and Reynolds, the bill was amended on page two, section eighteen, line two, by striking out the period and inserting in lieu thereof “who are cremated, and $1,250 for those who are buried” and a period.
On motion of Delegate Reynolds, the bill was amended on page three, section eighteen, line twenty-nine, by striking out the word “department” and inserting in lieu thereof the words “family member otherwise responsible for reimbursement pursuant to subsection (a), section nine of this article if he or she had not been deemed indigent”.
There being no further amendments, and having been engrossed, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 237), and there were--yeas 58, nays 29, absent and not voting 13, with the nays and absent and not voting being as follows:
Nays: Bates, Boggs, Butler, Campbell, Caputo, Eldridge, Fluharty, Gearheart, Hartman, Hornbuckle, Ihle, Longstreth, Moye, J. Nelson, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sobonya, Sponaugle, Statler, Trecost and Wagner.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4380) 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. 4411, Relating to penalty for illegally taking native brook trout; 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. 238), and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4411) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 239), and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4411) 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.
H. B. 4461, Relating to School Building Authority School Major Improvement Fund eligibility; 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. 240), and there were--yeas 82, nays 4, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: Kessinger, Lynch, Perry and P. White.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4461) 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. 4554, Allowing an increase of gross weight limitations on certain roads in Greenbrier County; 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. 241), and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: Caputo.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4554) 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. 4587, Relating to violations associated with absent voters’ ballots; 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. 242), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4587) 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 read a third time.
Delegate Pushkin requested to be excused from voting on the passage of Com. Sub. for H. B. 4607 under the provisions of House Rule 49.
The Speaker replied that any impact on the Delegate 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 Member from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 243), and there were--yeas 84, nays none, absent and not voting 16, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kessinger, Kurcaba, Lane, Marcum, Miller, Moore, Morgan, Reynolds and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4607) 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. 4658, Relating to the Board of Funeral Service Examiners; 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. 244), and there were--yeas 54, nays 32, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: Ambler, Bates, Boggs, Butler, Campbell, Caputo, Eldridge, D. Evans, Fluharty, Guthrie, Hartman, Hornbuckle, Longstreth, Lynch, Manchin, Moye, J. Nelson, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Statler, Upson, Wagner and Weld.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4658) 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. 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 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. 245), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4725) 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. 4727, Relating to state plan amendments; 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. 246), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4727) 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. 4730, Relating to computer science courses of instruction; 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. 247), and there were--yeas 82, nays 4, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: Folk, McGeehan, Moffatt and Shaffer.
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4730) 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. 4731, Relating to requiring comprehensive drug awareness and prevention program in all public schools; 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. 248), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4731) 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. 4732, Relating to performance metrics for the West Virginia Division of Highways; 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. 249), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:
Absent and Not Voting: Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4732) 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. 4733, Relating to requiring the Commissioner of Highways to develop a statewide communications plan known as the Comprehensive Public Involvement Plan; 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. 250), and there were--yeas 85, nays none, absent and not voting 15, with the absent and not voting being as follows:
Absent and Not Voting: Atkinson, Byrd, Cooper, Deem, Ellington, A. Evans, Ferro, Flanigan, Kurcaba, Lane, Marcum, Miller, Moore, Morgan and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4733) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
Com. Sub. for S. B. 10, Creating Unborn Child Protection from Dismemberment Abortion Act; 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 an amendment pending, and the rule was suspended to permit the offering and consideration of the amendment on that reading.
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”; 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. 4279, Relating to disposition of seized firearms; 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. 4317, Limiting factors in parenting plans; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4324, Authorizing information sharing by Workforce West Virginia; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4346, Relating to bear hunting and offenses and penalties; 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. 4352, Relating to the selling of certain state owned health care facilities by the Secretary of the Department of Health and Human Resources; 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 two, section twenty-four, line six, after the word “exceed”, by striking out the word “three” and inserting in lieu thereof the word “two”.
The bill was the ordered to engrossment and third reading.
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; 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. 4463, Permitting the practice of telemedicine; 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. 4502, Allowing reciprocity agreements with contiguous states to establish regulations, licensing requirements and taxes for small businesses; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Shott, the bill was amended on one, section twenty-nine, line four, following the words “headquartered in”, by inserting the words “this state or”.
And,
On page one, section twenty-nine, line five, by striking out the words “this state” and inserting in lieu thereof the word “both”.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4505, Allowing Powerball winners to remain anonymous; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Howell, the bill was amended on page one, section fifteen-a, line one, after the word “powerball”, by inserting a comma and the words “mega millions, and hot lotto”.
The bill was then ordered to engrossment and third reading.
H. B. 4706, Relating to county board regional meetings; on second reading, coming up in regular order, was read a second time.
Delegates Ambler, Perry, Cooper, Moye, D. Evans, Wagner, Rowan, Wagner and Westfall moved to amend the bill on page two, section twenty-six-a, line fourteen, by striking out the words “Board Association” and inserting in lieu thereof, the words “Superintendent or his or her designee”.
And,
On page two, section twenty-six-a, lines fifteen and sixteen, by striking out the words “and the State Superintendent”.
On page two, section twenty-six-a, line sixteen, by striking out the word “association” and inserting in lieu thereof the word “superintendent”
On page two, section twenty-six-a, line twenty, by striking out the word “association” and inserting in lieu thereof the word “School Superintendent”.
And,
On page two, section twenty-six-a, line twenty-four, by striking out the words “Board Association” and inserting in lieu thereof, the word “Superintendent”.
The question on the adoption of the amendment, the same was put and did not prevail.
An amendment to the bill, offered by Delegates Espinosa, Duke and Hamrick was reported by the Clerk.
Whereupon, Delegate Espinosa asked and obtained unanimous consent that the amendment be withdrawn.
The bill was then ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 558, Maintaining solvency of Unemployment Compensation Fund,
Com. Sub. for S. B. 597, Relating generally to Health Care Authority,
Com. Sub. for H. B. 2665, Relating to participation in Motor Vehicle Alcohol Test and Lock Program,
Com. Sub. for H. B. 2849, Creating the West Virginia Sentencing Commission,
Com. Sub. for H. B. 2963, Expanding the definition of kidnapping,
Com. Sub. for H. B. 4176, Permitting the Regional Jail and Correctional Facility Authority to participate in the addiction treatment pilot program,
Com. Sub. for H. B. 4183, Relating generally to reporting opioid overdoses,
Com. Sub. for H. B. 4225, Relating to patriotic displays at public buildings,
Com. Sub. for H. B. 4240, Relating to the Uniform Controlled Substances Act,
Com. Sub. for H. B. 4314, Prohibiting the sale of powdered or crystalline alcohol,
H. B. 4428, Clarifying that optometrists may continue to exercise the same prescriptive authority which they possessed prior to hydrocodone being reclassified,
Com. Sub. for H. B. 4466, Relating to public school support,
Com. Sub. for H. B. 4480, Addiction Treatment Act of 2016,
Com. Sub. for H. B. 4507, Providing an employer may grant preference in hiring to a veteran or disabled veteran,
Com. Sub. for H. B. 4517, Limiting the ability of an agent under a power of attorney to take self-benefiting actions,
Com. Sub. for H. B. 4561, Creating a special hiring process for West Virginia Division of Highways employees,
Com. Sub. for H. B. 4566, Relating to school personnel,
Com. Sub. for H. B. 4575, Creating criminal offenses relating to money laundering,
Com. Sub. for H. B. 4576, Increasing the penalties for transporting controlled substances into the state,
Com. Sub. for H. B. 4577, Creating an additional penalty for use of a firearm in furtherance of a drug offense,
H. B. 4578, Creating a criminal offense of conspiracy to violate the drug laws,
Com. Sub. for H. B. 4608, Requiring the State Auditor to consider for payment a claim submitted by an electronically generated invoice,
Com. Sub. for 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,
H. B. 4644, Relating to deleting subsection (e) therein which provides the sheriff to pay into the State Treasury all jury costs,
H. B. 4654, Relating to the Executive Secretary of the Board of Registered Professional Nurses,
H. B. 4655, Prohibiting insurers, vision care plan or vision care discount plans from requiring vision care providers to provide discounts on noncovered services or materials,
Com. Sub. for H. B. 4659, Authorizing local health departments to bill health insurance plans for services,
Com. Sub. for 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 storm water service project,
Com. Sub. for H. B. 4673, Providing for a crime for the theft, damage or release of deer from private game farms,
H. B. 4685, Relating to professional and occupational board members,
H. B. 4696, Creating the unlicensed practice review board,
H. B. 4726, Relating to coal mining generally,
H. B. 4734, Relating to mine subsidence insurance,
And,
H. B. 4735, Relating to the definition of health care provider, and clarifying that speech-language pathologists and audiologists are two separate providers.
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 the Judiciary and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Sobonya, Deem, Kessinger, Zatezalo, Shott, Marcum, Fleischauer, Shaffer and Fluharty:
H. B. 4736 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-26-2a, relating to the pawn of gift cards; defining gift card; and limiting the purchase pawn, receipt, sale or exchange of a gift card with a pawnbroker.”
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 Shott, Hanshaw, Ireland, Kessinger, Sobonya, Foster, Zatezalo, Lane, and Rowe:
H. B. 4739 - “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto two new sections, designated §33-13D-1 and §33-13D-2, relating to the creation of the Unclaimed Life Insurance Benefits Act; providing definitions; regulating insurer conduct; requiring insurers to perform an annual comparison of its insureds’ Policies, Retained Asset Accounts and Account Owners against a Death Master File; providing that the annual comparison of insureds’ Policies, Retained Asset Accounts and Account Owners against a Death Master File shall not apply to those accounts for which the insurer is receiving premiums from outside the policy value, by check, bank draft, payroll deduction or any other similar method of payment within eighteen months immediately preceding the Death Master File comparison; requiring reasonable steps to be taken to locate and contact beneficiaries or other authorized representatives regarding the insurer’s claims process; and authorizing the Insurance Commissioner to promulgate rules that may be reasonably necessary to implement the Unclaimed Life Insurance Benefits Act.”
At the respective requests of Delegate Cowles, and by unanimous consent, the bill (H. B. 4739) was taken up for immediate consideration, read a first time and ordered to second reading.
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 Hanshaw, McCuskey, Foster, Weld, Fast, Overington, Folk, Shaffer, Moore, Byrd and Manchin:
H. B. 4738 - “A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to the offense of driving in an impaired state; establishing the offense of driving a vehicle while he or she is in an impaired state; establishing the offense of driving a vehicle while he or she is in an impaired state but has an alcohol concentration in his or her blood of less than fifteen hundredths of one percent by weight; adding influence of substances in definition of impaired state; and providing for penalties.”
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. 4438, Relating to the involuntary examination of individuals experiencing a psychiatric emergency or mental illness,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4438 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-5-2a; and to amend and reenact §27-5-3 of said code, all relating to the involuntary examination of individuals experiencing a psychiatric emergency or mental illness; authorizing physicians to execute a certificate directing that individuals found to be experiencing a psychiatric emergency to be held involuntarily for examination and treatment; defining psychiatric emergency; directing another physician, registered nurse or physician assistant to sign the certificate under oath stating that he or she has also examined the individual and concurs with the initial physician’s opinions; requiring the chief medical officer of the facility to provide notice of the involuntary detention to an individual’s spouse or one of the individual’s parents or guardians, if no spouse, or to an adult individual’s next of kin; authorizing law enforcement to take individuals into custody and to transport; directing notice to be provided to mental hygiene commissioners; authorizing mental hygiene commissioners to conduct hearings under certain W.Va. Code circumstances; requiring the mental health facility to file an application for involuntary hospitalization pursuant to W.Va. Code §27-5-2a within seventy-two hours of the person arriving at the mental health facility; and authorizing individuals certificated to be experiencing a psychiatric emergency to be admitted to mental health facilities for involuntary examination and treatment,”
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Cowles, and by unanimous consent, the bill (H. B. 4438) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 4586, Ensuring that the interest of protected persons, incarcerated persons and unknown owners are protected in condemnation actions filed by the Division of Highways,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. H. B. 4586 –“A Bill amend and reenact §54-2-4 of the Code of West Virginia, 1931, as amended, relating to representation in condemnation proceedings where a property owner or other party is under a legal disability; providing that the court shall protect the rights of any person who is under a legal disability because he or she is a protect person, incarcerated, or whose ownership interest, lien, or other claim to property requires them to be a party in a condemnation action; providing that a protected person who is a party in a condemnation action may be represented by a conservator or guardian or by a limited guardian appointed by the court; providing that an incarcerated person who is a party in a condemnation action and has an attorney or committee shall be represented by the attorney or committee; providing that an incarcerated person who is a party in a condemnation action who does not have an attorney or committee shall be represented by a court appointed attorney; providing that the court shall appoint a guardian ad litem to defend the interests of an unknown owner or owners of property subject to condemnation; clarifying that the statutory procedures for condemnation actions control; and authorizing payment for court appointed attorneys to be paid in an amount to be fixed by the court or judge, to be taxed as costs and paid by the applicant,”
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. 4307, Clarifying that a firearm may be carried for self-defense in state parks, state forests and state recreational areas,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. H. B. 4307 – “A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to carrying a firearm for self-defense in a state park, state forest, state wildlife management area, or state rail trail, and providing an exception,”
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Cowles, and by unanimous consent, the bill (H. B. 4307) was taken up for immediate consideration, read a first time and ordered to second reading.
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 Weld, Hanshaw, McCuskey, Fleischauer, Kessinger, Sobonya, Summers, and Zatezalo:
H. B. 4740 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §52-1-11b, relating to jury service; permitting that current members of the National Guard or Reserves may be excused from jury duty.”
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. 4542, Allowing persons with property within rural fire protection districts to opt out of fire protection coverage,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. H. B. 4542 - “A Bill to amend and reenact §8-15-3 of the Code of West Virginia, 1931, as amended, relating to the imposition of fire fees on non-residents of a municipality who are users of that municipality’s fire service; capping the amount of such fees which can be imposed, providing for a referendum on this issue of fire service, and petition requirements for triggering the same,”
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Cowles, and by unanimous consent, the bill (H. B. 4542) was taken up for immediate consideration, read a first time and ordered to second reading.
On motions for leave, resolutions were introduced (Originating in the Committee on Government Organization and reported with the recommendation they each be adopted), which were read by their titles as follows:
By Delegates Howell, Arvon, Atkinson, Blair, Border, Cadle, Caputo, Faircloth, Hamrick, Hartman, Hill, Ihle, Lynch, McGeehan, Moffatt, J. Nelson, Pushkin, R. Smith, Sponaugle, Stansbury and P. White:
H. C. R. 93 - “Requesting the Joint Committee on Government and Finance study the motor vehicle code.”
Whereas, Improvements in motor vehicle design and associated technologies have advanced, rendering parts of the Motor Vehicle Code obsolete since it was last amended; and
Whereas, The Legislature is committed to evaluating and modernizing the West Virginia Code, so that the laws are reasonable and not overly burdensome; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the motor vehicle code; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
By Delegates Howell, Arvon, Atkinson, Blair, Border-Sheppard, Cadle, Caputo, Faircloth, Hamrick, Hartman, Hill, Ihle, Lynch, McGeehan, Moffatt, J. Nelson, Pushkin, R. Smith, Sponaugle, Stansbury and P. White:
H. C. R. 94 - “Requesting the Joint Committee on Government and Finance study the holdings of public property by departments, agencies, commissions, bureaus and boards of the state.”
Whereas, The Legislative Auditor reported in 2015 on the property holdings and maintenance of public properties under the Department of Administration; and
Whereas, The Legislative Auditor found certain deficiencies in building maintenance and repair, properties were purchased and remained vacant or in disrepair; and
Whereas, The Real Estate Division does not have a comprehensive inventory of publicly held property due to certain exemptions in the West Virginia Code; and
Whereas, Understanding what properties are held, occupied and available for use is critical so that the state can efficiently perform those tasks and functions essential for a responsible government; and
Whereas, The cost of maintaining publicly held property has continued to increase, straining the budget of the General Services Division and other agencies; and
Whereas, Developing a comprehensive inventory of publicly held buildings and property would aid in making decisions regarding purchasing or building new buildings, renovating existing buildings and budgeting for the maintenance and repair of existing buildings; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study the holdings of public property by departments, agencies, commissions, bureaus and boards of the state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the State Treasurer, the State Auditor, the Department of Administration and the Real Estate Division, the Department of Transportation and the Division of Highways, the Department of Education, the School Building Authority and the State Board of Education shall cooperate with the Legislature and provide information, access to personnel and access to all records necessary to effectuate the provisions of this study; and, be it
Further Resolved, That the expenses necessary to conduct this study and to prepare and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
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. 4246, Changing the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library,
And reports the same back with the recommendation that it do pass.
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. 4046, H. B. 4048, H. B. 4072, H. B. 4090, H. B. 4091, H. B. 4092, H. B. 4093, H. B. 4094, H. B. 4095 and H. B. 4143, Relating to the Department of Administration legislative rules,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4046 - “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Administration; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain agencies and commissions under Department of Administration to repeal certain legislative, procedural or interpretative rules that are no longer authorized or are obsolete; authorizing the Department of Administration to promulgate a legislative rule relating to the purchasing division; repealing Department of Administration legislative rule relating to the availability of state surplus buildings and equipment to charity food banks; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers’ Defined Contribution System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers’ Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service, loan and correction of error interest factors; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick leave; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System; authorizing the Ethics Commission to promulgate a legislative rule relating to the public use of names or likenesses; repealing Ethics Commission legislative rule relating to advisory opinions; repealing Ethics Commission legislative rule relating to guidelines and standards for determining the existence of disqualifying financial interests; repealing Ethics Commission legislative rule relating to contributions; authorizing the Division of Personnel to promulgate a legislative rule relating to the administrative rule of the West Virginia Division of Personnel; repealing State Building Commission procedural rule relating to procedural rules for meetings; repealing Public Employees Insurance Agency procedural rules relating to procedural rules for the Public Employees Insurance Agency Advisory Board; and repealing Board of Risk and Insurance Management legislative rule relating to discontinuation of professional malpractice insurance,”
With the recommendation that the committee substitute 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. 4616, Permitting county commissions the option of paying the salaries of county officials and their employees on a bi-weekly basis,
And reports the same back with the recommendation that it 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. 2704, Increasing sales and use taxes by one percent,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 2704 - “A Bill to amend and reenact §11-15-2, §11-15-3, §11-15-7a, §11-15-8, §11-15-8a and §11-15-9h of the Code of West Virginia, 1931, as amended; to amend said code by adding three new sections thereto, designated §11-15-8e, §11-15-8f and §11-15-9o; and to amend and reenact §11-15A-2 of said code, all relating to consumer sales and service taxes and use taxes generally; including certain activities within definition of contracting; including contracting and certain payments within definition of ‘service’ and ‘selected service’; reducing rate of consumer sales and service taxes and conditioning reductions on certain events; removing reduced taxation of certain sales of mobile homes; removing exception for the imposition of tax on the value of labor relating to manufacture, sale or installation of modular dwellings; removing exemption from tax for certain professional services; removing the exception to application of tax contracting services; removing exemptions from tax for selected advertising services, certain memberships or services provided by certain health and fitness organizations, certain sales of computer hardware or software, electronic data processing services and products transferred electronically; reducing rate of use taxes and conditioning reductions on certain events; specifying effective dates; providing for emergency and legislative rules; and naming the act the West Virginia Tax Decrease Act of 2016,”
H. B. 4271, Ending discretionary transfers to the Licensed Racetrack Modernization Fund,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4271 - “A Bill to amend and reenact §29-22A-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-25-22 and §29-25-22b of said code, all relating to ending transfers to the Licensed Racetrack Modernization Fund; transferring funds remaining in the Licensed Racetrack Modernization Fund and the Historic Resort Hotel Modernization Fund to the General Revenue Fund of the state during the fiscal year ending June 30, 2016; providing exceptions for recoupment of certain expenditures for eligible facility modernization improvements from the Licensed Racetrack Modernization Fund; and closing the Licensed Racetrack Modernization Fund and the Historic Resort Hotel Modernization Fund,”
H. B. 4435, Authorizing the Public Service Commission to approve expedited cost recovery of electric utility coal-fired boiler modernization and improvement projects,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. B. 4435 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-1l, relating to modernization and improvement of coal-fired boilers at electric power plants; providing procedure for expedited cost recovery of electric utility coal-fired boiler modernization and improvement projects deemed just and reasonable and in the public interest; and providing rulemaking authority,”
And,
H. B. 4668, Raising the allowable threshold of the coal severance tax revenue fund budgeted for personal services,
And reports back a committee substitute therefore, with the new title, as follows:
Com. Sub. for H. B. 4668 - “A Bill to amend and reenact §11-13A-6 of the Code of West Virginia, 1931, as amended, relating to raising the allowable threshold of the coal severance tax revenue fund budgeted for personal services from one fourth to one half; and directing State Auditor report of county special budgets to Joint Committee on Government and Finance,”
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Cowles, and by unanimous consent, H. B. 2704 and H. B. 4271 were taken up for immediate consideration, read a first time and ordered to second reading.
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. 4345, Repealing the West Virginia Permitting and Licensing Information Act,
And reports the same back with the recommendation that it do pass.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Byrd, Cooper, Deem, Ellington, Ferro, Flanigan, Kurcaba, Lane, Miller and Moore.
Remarks of Members
Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Pushkin regarding S. B. 411, Creating Second Chance for Employment Act be printed in the Appendix to the Journal.
Miscellaneous Business
Delegate Guthrie noted that she was absent when the vote was taken on Roll No. 229, and that had she been present, she would have voted “Yea” thereon.
Delegates Faircloth, Hamilton and McGeehan announced that they were absent when the vote were taken on Roll No. 236, and that had they been present, they would have voted “Yea” thereon.
Delegate Hamilton filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2704.
Delegate Frich filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 4739.
Delegate McGeehan filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 4724.
Delegate Westfall filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 4739.
Delegate B. White filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 4739.
Delegate Frich filed a form with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. B. 4473.
Delegate Hanshaw filed a form with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. B. 4739.
Delegate Frich filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 4180.
Delegate B. White filed a form with the Clerk's Office per House Rule 94b to be removed as a cosponsor of H. C. R. 36.
At 4:59 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 29, 2016.