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Friday, March 4, 2016
FIFTY-SECOND DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, March 3, 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 S. B. 68, on Second reading, House Calendar, to the Special Calendar.
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:
Com. Sub. for S. B. 343, Authorizing prosecuting attorneys designate law-enforcement officers and investigators as custodians of records,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 627, Permitting physician to decline prescribing controlled substance.
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 469, Clarifying what personal funds are exempt from levy following judgment,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 520, Allowing PEIA ability to recover benefits or claims obtained through fraud,
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:
Com. Sub. for S. B. 104, Classifying Marshall University Forensic Science Center as a criminal justice agency.
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
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. 4, CSA LTG Thomas J. “Stonewall” Jackson Bridge,
H. C. R. 8, Harry Ripley Memorial Bridge,
And,
H. C. R. 29, Harry C. “Buck” Markley Jr. Memorial Bridge,
And reports the same back with the recommendation that they 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 (H. C. R. 4, H. C. R. 8 and H. C. R. 29) 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:
Com. Sub. for S. B. 39, Regulating off-road motorcycles within Hatfield-McCoy Recreation Area,
And,
S. B. 94, Designating State Police Superintendent as administrator and enforcer of motor vehicle inspection program,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 39 and S. B. 94) were each referred to the Committee on Government Organization.
Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
Com. Sub. for S. B. 621, Exempting taxicab companies with independent contract drivers from providing workers’ compensation coverage,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 621) was referred to the Committee on the Judiciary.
Delegate Ireland, Chair of the Committee on Energy, submitted the following report, which was received:
Your Committee on Energy has had under consideration:
Com. Sub. for S. B. 592, Relating to pipeline safety,
And reports the same back, with amendment, 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. 47, Rewriting licensing requirements for practice of medicine and surgery and podiatry,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference to the Committee on Government Organization be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 47) was referred to the Committee on Government Organization was abrogated.
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. 3, North River Mills Historic Trace,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 3 - “Requesting the Division of Highways to name the section of County Route 45/20, known as Coldstream Road, beginning at a point, latitude 39.336997, longitude -78.494499 and ending a point, latitude 39.349509, longitude -78.511901, along the North River, Hiett Run and Maple Run, in Hampshire County, the ‘North River Mills Historic Trace’.”
H. C. R. 74, Arnold Miller Memorial Bridge,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 74 - “Requesting the Division of Highways to name bridge number 20-77-83.84 (20A615), located at latitude 38.19560, longitude -81.47926, which carries Interstate 64 and Interstate 77 over Route 79/3, also known as Cabin Creek Road, in Kanawha County, the ‘Arnold Miller Memorial Bridge’.”
H. C. R. 77, U.S. Army SGT Denver E. Short Memorial Bridge,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 77 - “Requesting the Division of Highways to name the new bridge on State Route 10 located at the east end of Logan Boulevard, Bridge Number 23-10-19.39 (latitude 37.73065, longitude -81.83793), carrying County Route 10 over the Guyandotte River in Logan County, the ‘U.S. Army SGT Denver E. Short Memorial Bridge’.”
H. C. R. 82, U.S. Army SPC David H. Stamper Memorial Bridge,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 82 - “Requesting the Division of Highways to name Bridge Number 23-119-15.56 (23A095) (37.97487, -82.01675), carrying US Route 119, over WV Route 10 near Chapmanville in Logan County, locally known as Chapmanville WV 10 O.P., as the ‘U.S. Army SPC David H. Stamper Memorial Bridge’.”
And,
H. C. R. 90, U.S. Army CPL Fon Mitchell Memorial Bridge,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. C. R. 90 - “Requesting the Division of Highways name Bridge Number 24-52/1-9.91 (24xxx) (37.44743, -81.70214) locally known as Roderfield Bridge carrying County Route 52/1 over Tug Fork in Roderfield, McDowell County, the ‘U. S. Army CPL Fon Mitchell 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 ( H. C. R. 3, H. C. R. 74, H. C. R. 77, H. C. R. 82 and H. C. R. 90) were each referred to the Committee on Rules.
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:
S. B. 329, Eliminating sunset provision for commission to study residential placement of children,
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:
Com. Sub. for S. B. 323, Correcting statute subsection designations regarding trespassing on property,
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:
Com. Sub. for S. B. 581, Eliminating sunset provision terminating pilot domestic violence court program.
And reports the same back with the recommendation that it do pass.
Messages from the Executive
Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on March 5, 2016, he approved Com. Sub. for H. B. 4175, Com. Sub. for H. B. 4366 and S. B. 558.
The Speaker then laid before the House of Delegates a communication from His Excellency, the Governor, setting forth his disapproval of a bill heretofore passed by both houses, as follows:
State of West Virginia
Office of the Governor
Charleston
March 3, 2016
Veto Message
The Honorable Tim Armstead
Speaker, West Virginia House of Delegates
Room 228M, Building 1
State Capitol Complex
1900 Kanawha Blvd., East
Charleston, West Virginia 25305
Re: Enrolled Committee Substitute for House Bill 4145
Dear Speaker Armstead:
Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I hereby disapprove and return the Enrolled Committee Substitute for House Bill 4145.
This bill authorizes, among other things, United State citizens or legal residents of at least twenty-one years of age to carry a concealed deadly weapon without a license, provided they are not otherwise prohibited from possessing a firearm under state or federal law. Law enforcement officers throughout West Virginia have voiced overwhelming opposition to this bill. In light of their concerns and in the interest of public safety, the exercise of my veto power is appropriate.
Further, I wish to point out that the tax credit provision in §61-7-4(r) is ill-advised and unclear. See p. 9, lines 165-168. Not only will the tax credit have a negative fiscal impact on the state’s budget, it will be difficult for the State Tax Department to administer. For example, the tax credit provision fails to identify the tax to which it applies, whether the credit is refundable, and whether it is a one-time credit or may be claimed in subsequent years.
In view of the foregoing, I hereby disapprove and return the Enrolled Committee Substitute for House Bill 4145.
Sincerely,
Earl Ray Tomblin,
Governor.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates proceeded to consider the bill, notwithstanding the objections of the Governor.
The Speaker propounded, “Shall the bill pass, notwithstanding the objections of the Governor?”
On this question, the yeas and nays were taken (Roll No. 355), and there were--yeas 64, nays 33, absent and not voting 3, with the nays and absent and not voting being as follows:
Yeas: Arvon, Azinger, Blair, Boggs, Butler, Cadle, Campbell, Canterbury, Deem, Duke, Eldridge, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Fast, Fluharty, Folk, Foster, Frich, Gearheart, Hamrick, Hanshaw, Hartman, Hicks, Hill, Householder, Howell, Ihle, Kelly, Kessinger, Kurcaba, Lane, Marcum, McGeehan, Miller, Moffatt, Moye, J. Nelson, O’Neal, Perry, Phillips, Rodighiero, Rohrbach, Romine, Rowan, Shaffer, Shott, P. Smith, R. Smith, Sobonya, Sponaugle, Stansbury, Statler, Summers, Upson, Wagner, Waxman, Weld, B. White, P. White, Zatezalo, and Mr. Speaker, Mr. Armstead.
Nays: Ambler, Anderson, Atkinson, Bates, Blackwell, Border, Byrd, Cooper, Cowles, Ferro, Flanigan, Fleischauer, Guthrie, Hamilton, Hornbuckle, Ireland, Longstreth, Lynch, Manchin, McCuskey, Miley, Moore, Morgan, E. Nelson, Perdue, Pethtel, Pushkin, Reynolds, Rowe, Skinner, Storch, Trecost and Westfall.
Absent and Not Voting: Caputo, Overington and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Enr. Com. Sub. for H. B. 4145) passed, notwithstanding the objections of the Governor.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Special Calendar
Third Reading
Com. Sub. for S. B. 13, Increasing penalties for overtaking and passing stopped school buses; 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. 356), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Azinger, Foster and McGeehan.
Absent and Not Voting: Caputo, Overington and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 13) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 13 - “A Bill to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended, relating to the offense of overtaking and passing school bus stopped for the purpose of receiving and discharging children; designated as “Haven’s Law”; increasing criminal penalties for the offense where the identity of the driver is known; providing for license suspension for the offense where the identity of the driver is known; providing for assessment of administrative fees against the registered owner or lessee in the event that the driver of the passing vehicle cannot be ascertained at time of alleged offense; and increasing penalties for persons convicted of the offense where bodily injury or serious bodily injury occur as a result of the offense.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 27, Permitting county commissions hire outside attorneys for collection of taxes through courts; 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. 357), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Marcum and McGeehan.
Absent and Not Voting: Caputo, Overington and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 27) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
S. B. 27 - “A Bill to amend and reenact §7-5-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11A-2-2 of said code, all relating to permitting county commissions to hire outside attorneys to prosecute actions or defend the county’s interest in any proceeding before any United States Bankruptcy Court; providing for outside attorney to be reimbursed for actual expenses directly incurred in the representation; providing that engagements of outside counsel be in writing; requiring that hourly engagements with outside attorneys contain a cumulative cap of any hourly fees charged on a per-case basis; requiring that contingency fee agreements with outside attorneys contain a percentage cap on money or things of value recovered; and requiring attorney fees or costs be paid prior to distribution to taxing units.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 102, Conforming to federal Law-Enforcement Officers Safety Act; on third reading, coming up in regular order, was read a third time.
Delegates Marcum and Weld requested to be excused from voting on the passage of Com. Sub. for S. B. 102 under the provisions of House Rule 49.
The Speaker replied that any impact on the Delegates 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 Members from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 358), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Flanigan, Marcum, McGeehan and Shaffer.
Absent and Not Voting: Caputo, Overington and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 102) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 254, Not allowing county park commissions to prohibit firearms in facilities; 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. 359), and there were--yeas 86, nays 10, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Blackwell, Flanigan, Fleischauer, Guthrie, Hornbuckle, Moore, Perdue, Pushkin, Rowe and Shaffer.
Absent and Not Voting: Caputo, Overington, P. Smith and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 254) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 360), and there were--yeas 89, nays 7, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Blackwell, Fleischauer, Moore, Morgan, Pushkin, Rowe and Shaffer.
Absent and Not Voting: Caputo, Overington, P. Smith and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 254) 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 S. B. 265, Allowing library volunteers necessary access to user records; on third reading, coming up in regular order, was, on motion of Delegate Cowles, postponed one day.
S. B. 271, Conforming definition of attest services to Uniform Accountancy Act; on third reading, coming up in regular order, was reported by the Clerk.
Delegate Shott asked and obtained unanimous consent to amend the bill on third reading and the rule was suspended for the offering and consideration of amendments on that reading.
On motion of Delegate Shott, the bill was amended on page one following the enacting clause, by striking the enacting section and inserting in lieu thereof the following:
“That §30-9-2, §30-9-3 and §30-9-7 of the Code of West Virginia, 1931 as amended, be amended and reenacted, and that said Code be amended by adding thereto two new sections, designated as §30-9-33 and §30-9-34, all to read as follows” and a colon.
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. 361), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Caputo, Overington and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 271) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
S. B. 271 - “A Bill to amend and reenact §30-9-2, §30-9-3 and §30-9-7 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto two new sections, designated as §30-9-33 and §30-9-34, all relating to regulation of the practice of accountancy; redefining attest services; protecting board members from civil liability; revising requirements for issuance of certificate as certified public accountant including criminal background check; requiring Mandatory Training in federal antitrust law and state action immunity for members of the board of accountancy and their representatives from the Attorney General’s office; and providing for indemnification for board members.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 274, Relating to increasing civil jurisdictional amount in magistrate courts; 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. 362), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Fast, Sobonya, Sponaugle and Weld.
Absent and Not Voting: Caputo, Overington and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 274) passed.
On motion of Delegate Shott, the title of the bill was amended to read as follows:
Com Sub for S.B. 274 - “A Bill to amend and reenact §50-2-1 of the Code of West Virginia, 1931, as amended, relating to increasing the civil jurisdictional amount in magistrate courts from $5,000 to $10,000.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for S. B. 283, Creating crime when fire is caused by operation of a clandestine drug laboratory; on third reading, coming up in regular order, was reported by the Clerk.
Delegate Shott asked and obtained unanimous consent to amend the bill on third reading and the rule was suspended for the offering and consideration of amendments on that reading.
On motion of Delegate Shott, the bill was amended on page one, section four hundred eleven, line sixteen, by striking out the words “W.Va. Code §60A-2-1” and inserting in lieu thereof the words “W.Va. Code §61-2-1”.
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. 363), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent and Not Voting: Caputo, Overington and Walters.
Delegate Shott moves to amend the title of the bill to read as follows:
Com. Sub. for S. B. 283 - “A Bill to amend and reenact §60A-4-411 of the Code of West Virginia, 1931, as amended, relating to creating a crime of causing the burning of a dwelling, outbuilding, building or other structure while operating or attempting to operate a clandestine drug laboratory; establishing criminal penalties; clarifying the offense as a separate and distinct offense from operation or attempted operation of a clandestine drug laboratory; making clear that operation or attempted operation of a clandestine drug lab is not a lesser included offense; providing that the offenses are qualifying felony offenses of manufacturing and delivery of a controlled substance for purposes of first degree murder; and providing for payment of all reasonable costs, if any, associated with remediation of the site of the clandestine drug laboratory upon conviction.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 352, Dedicating corporation net income tax proceeds to railways; on third reading, coming up in regular order, was read a third time.
Delegate Boggs requested to be excused from voting on the passage of S. B. 352.
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 Delegate from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 364), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Cadle, Lynch, Manchin and Skinner.
Absent and Not Voting: Caputo, Overington and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 352) 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:
S. B. 352 - “A Bill to amend and reenact §11-24-43a of the Code of West Virginia, 1931, as amended, relating to the elimination of corporation net income tax proceeds to railways; and specifying that dedication of corporation net income tax proceeds to railways expires and is void on and after January 1, 2016.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 365), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Howell, Lynch, Manchin and Skinner.
Absent and Not Voting: Caputo, Overington and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 352) 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.
S. B. 379, Relating to candidate filing fees; 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. 366), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Caputo, Overington and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 379) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 367), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Caputo, Overington and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 379) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 476, Relating to driving restrictions in school zones; 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. 368), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Azinger, Ihle and McGeehan.
Absent and Not Voting: Caputo, Overington and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 476) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 483, Marshall County LSIC waiver; 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. 369), and there were--yeas 88, nays 9, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Butler, Cowles, Faircloth, Folk, Kurcaba, Lane, Marcum, McGeehan and Moffatt.
Absent and Not Voting: Caputo, Overington and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 483) passed.
Still being in possession of the Clerk, on motion of Delegate Cowles S. B. 483 was taken up for further consideration.
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:
S. B. 483 - “A Bill to amend and reenact §18-5A-3a of the Code of West Virginia, 1931, as amended, relating to granting a local school improvement council waivers for the purpose of increasing compulsory school attendance age in Marshall County and Wyoming County.”
Delegate Cowles moved that the bill take effect July 1, 2016.
On this question, the yeas and nays were taken (Roll No. 370), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Faircloth, Folk, Kurcaba, McGeehan, Moffatt and Skinner.
Absent and Not Voting: Caputo, Overington and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 483) 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 S. B. 582, Providing refundable tax credit for motor fuel sold for use or consumed in railroad diesel locomotives; on third reading, coming up in regular order, was read a third time.
Delegate Boggs requested to be excused from voting on the passage of Com. Sub. for S. B. 582.
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 Delegate from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 371), and there were--yeas 76, nays 21, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Bates, Blackwell, Cadle, Duke, Faircloth, Flanigan, Fleischauer, Fluharty, Hornbuckle, Lane, Longstreth, Lynch, Manchin, Marcum, Moore, Rowe, Shaffer, Skinner, Sponaugle, Storch and P. White.
Absent and Not Voting: Caputo, Hicks and Overington.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 582) 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:
Com. Sub. for S. B. 582 - “A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended, relating to providing a refundable exemption from the flat rate component of the state motor fuel excise tax on all gallons of motor fuel sold for use or consumed in railroad diesel locomotives; setting a cap on the exemption per year; requiring a proportionate disbursement if claims exceed the cap; and allowing the Tax Commissioner to propose legislative rules to administer this exemption.”
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
S. B. 29, Tolling statute of limitations in certain cases; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Shott, the bill was amended on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
“Be it enacted by the Legislature of West Virginia:
That §55-2-21 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-21. Statutes of limitation tolled on claims assertible in civil actions when actions commence.
(a) After a civil action is commenced, the running
of any statute of limitation shall be is tolled for, and only
for, the pendency of that civil action as to any claim which that
has been or may be asserted therein in the civil action by
counterclaim, whether compulsory or permissive, or cross-claim or
third-party complaint: Provided, That if any such a
permissive counterclaim would be barred but for the provisions of this section,
such the permissive counterclaim may be asserted only in the
action tolling the statute of limitations under this section. This section
shall be deemed to toll the running of any statute of limitation with respect
to any claim for which the statute of limitation has not expired on the
effective date of this section, but only for so long as the action tolling the
statute of limitations is pending.
(b) Any defendant who desires to file a third-party complaint shall have one hundred eighty days from the date of service of process of the original complaint, or the time remaining on the applicable statute of limitations, whichever is longer, to bring any third-party complaint against any non-party person or entity: Provided, That any new party brought into litigation by a third-party complaint shall be afforded, from the date of service of process of the third-party complaint, an additional 180-day period, or the remaining statute of limitations period, whichever is longer, to file any third-party complaint of its own, and any applicable statute of limitation shall be tolled during this time period.
(c) For purposes of this section, the term “third-party complaint” means a claim brought by a defendant against any person or entity that was not originally a party to the underlying civil action, where the new claim is made a part of the underlying civil action.
(d) This section shall be deemed to
toll tolls the running of any statute of limitation with respect to
any claim for which the statute of limitation has not expired on the effective
date of this section, but only for so long as the action tolling the statute of
limitations is pending. This section does not limit the ability of a court
to use the doctrine of equitable tolling or the discovery rule to toll the
statute of limitations in any action, including any third-party complaint that
would otherwise be subject to subsection (b) of this section.”
The bill was then ordered to third reading.
Com. Sub. for S. B. 68, Disallowing Health Care Authority to conduct rate review and set rates for hospitals; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk on page one, by striking everything after the enacting clause and inserting the following:
“That §16-29B-19, §16-29B-19a, §16-29B-20, §16-29B-20a, §16-29B-21 and §16-29B-21a of the Code of West Virginia, 1931, as amended, be repealed; and that §16-29B-1, §16-29B-10 and §16-29B-27 of said code be amended and reenacted to read as follows:
ARTICLE 29B. HEALTH CARE AUTHORITY.
'16-29B-1. Legislative findings; purpose.
The Legislature hereby finds and declares that the
health and welfare of the citizens of this state is being threatened by
unreasonable increases in the cost of health care services, a fragmented system
of health care, lack of integration and coordination of health care services,
unequal access to primary and preventative care, lack of a comprehensive and
coordinated health information system to gather and disseminate data to promote
the availability of cost-effective, high-quality services and to permit effective
health planning and analysis of utilization, clinical outcomes and cost and
risk factors. In order to alleviate these threats: (1) Information on health
care costs must be gathered; and (2) a system of cost control must be
developed; and (3) an entity of state government must be given
authority to ensure the containment of health care costs, to gather and
disseminate health care information; to analyze and report on changes in the
health care delivery system as a result of evolving market forces, including
the implementation of managed care; and to assure that the state health
plan, certificate of need program, rate regulation program and
information systems serve to promote cost containment, access to care, quality
of services and prevention. Therefore, the purpose of this article is to
protect the health and well-being of the citizens of this state by guarding
against unreasonable loss of economic resources as well as to ensure the
continuation of appropriate access to cost-effective, high-quality health care
services.
§16-29B-10. Jurisdiction of the board.
Notwithstanding any other
provision of this code or state law, after July 1, 1984 2016,
the jurisdiction of the board or authority as to rates for health
services care shall extend to all hospitals as defined herein doing business
in the State of West Virginia (with the exception of hospitals owned and
operated by the federal government) ceases to exist.
(b) Those costs or charges associated
with individual health care providers or health care provider groups providing
inpatient or outpatient services under a contractual agreement with hospitals
(excluding simple admitting privileges) shall be under the jurisdiction of the
board. The jurisdiction of the board shall not extend to the regulation of rates
of private health care providers or health care groups providing inpatient or
outpatient services under a contractual agreement with hospitals when the
provision of such service is outside the hospital setting, and shall not extend
to the regulation of rates of all other private health care providers
practicing outside the hospital setting: Provided, That such practice outside of the hospital setting is not
found to be an evasion of the purposes of this article.
'16-29B-27. Penalties for violations.
In addition to civil remedies set forth, any person or
health care provider violating any provision of this article or any valid order
or rule lawfully established hereunder shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine of not more than $1,000.
Each day of a continuing violation after conviction shall be considered a
separate offense. No fines assessed may be considered part of the hospital's
costs in the regulation of its rates.”
On motion of Delegates Ellington and Rowe the amendment was amended on page two, section ten, line twenty-one, after the period, by inserting the following:
“The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code requiring hospitals, as part of its annual financial disclosure filings, to provide to the authority the average patient charge of the twenty-five most frequently used out-patient diagnostic services. The authority shall publish the information on its website expressed in terminology that can be understood by the general public.”
The Health and Human Resources amendment, as amended, was then adopted.
The bill was then ordered to third reading.
S. B. 303, Providing for 5-day resident fishing license; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 376, Expanding authority of Secretary of State and State Police; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the the bill on page two, section ten, beginning on line twenty-five, by striking out the new subsection “(d)” in its entirety and inserting in lieu thereof the following new subsection “(d)” as follows:
“(d) The Secretary of State shall propose rules for legislative approval to require applicants for any license or permit issued pursuant to this article that shall require each applicant to submit to a criminal history records check. The rule shall provide upon application that the applicant, shall submit to a state and national criminal history record check, as set forth in this subsection:
(1) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.
(2) The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including:
(A) Submitting fingerprints for the purposes set forth in this section; and
(B) Authorizing the Secretary of State, the West Virginia State Police and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.
(3) The results of the state and national criminal history record check may not be released to or by a private entity except:
(A) To the individual who is the subject of the criminal history record check;
(B) With the written authorization of the individual who is the subject of the criminal history record check; or
(C) Pursuant to a court order.
(4) The criminal history record check and related records are not public records for the purposes of chapter twenty-nine-b of this code.
(5) The applicant shall ensure that the criminal history record check is completed as soon as possible after the date of the original application for registration.
(6) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.”
The bill was then ordered to third reading.
S. B. 437, Updating and clarifying code relating to rules governing mixed martial arts; on second reading, coming up in regular order, was read a second time.
Delegate Kelly requested to be excused from voting on S. B. 437 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.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
“ARTICLE
5A. STATE ATHLETIC Ring Sports COMMISSION.
'29‑5A‑1. Creation of commission; members; officers; seal and rules.
The State Boxing Athletic Commission, formerly
the State Boxing Commission, heretofore created, is hereby continued and
renamed the State Athletic Ring Sports Commission. The commission
shall consist of five persons appointed by the Governor, by and with the
consent of the Senate, no more than three of whom shall belong to the same
political party and no two of whom shall be residents of the same county at the
same time. One member shall have at least three years of experience in the
sport of boxing. One member shall have at least three years of experience in
the sport of mixed martial arts. One member shall have at least three years of
experience in the health care industry as a licensed physician, registered
nurse, nurse practitioner or physicians assistant. Two members shall be citizen
members who are not licensed under the provisions of this article and who do
not perform any services related to the persons regulated under this article.
The members shall serve without pay. At the expiration of the term of each
member, his or her successor shall be appointed by the Governor for a term of
four years. If there is a vacancy in the board, the vacancy shall likewise be
filled by appointment by the Governor and the Governor shall likewise have the
power to remove any commissioner at his or her pleasure. Any three members of
the commission shall constitute a quorum for the exercise of the power or
authority conferred upon it. The members of the commission shall at the first
meeting after their appointment elect one of their number chairman of the
commission, and another of their number secretary of the commission, shall
adopt a seal for the commission, and shall make such rules for the
administration of their office, not inconsistent herewith, as they may consider
expedient; and they may hereafter amend or abrogate such rules. The concurrence
of at least three commissioners is necessary to render a choice or decision of
the commission. The commission may, for any event, grant one or more of its
members the authority to approve necessary changes to the roster of participants
or the roster of officials within forty-eight hours of a scheduled event
previously approved by the commission.
'29-5A-3. Commission to have sole control of boxing, etc., matches; licenses; municipality not to tax boxing, etc., club.
(a) The commission has sole direction, management and control of the jurisdiction over all amateur, professional and semiprofessional boxing, sparring matches and exhibitions, or any form thereof, to be conducted, held or given within the state by any club, individual, corporation or association. As used in this article, the term "boxing" includes any fighting event that includes or permits the striking of an opponent with a closed fist, even if wrestling moves, elements of martial arts or striking an opponent with the feet are also permitted. No boxing, sparring or exhibition may be conducted, held or given within the state except pursuant to the commission=s authority and held in accordance with this article. The commission may issue and revoke the license to conduct, hold or give boxing or sparring matches or exhibitions to any club, corporation, association or individual. Every license is subject to rules the commission may prescribe. Every application for a license shall be on a blank form provided by the commission. No promoter's license may be granted to any club, corporation, association or individual unless the signer of the application is a bona fide resident of the state of West Virginia. Upon application of the promoter's license, the promoter shall pay a state license fee of $125 for one year. The fee is nonrefundable and shall be paid in the form of a certified check or money order issued to the Treasurer of the state of West Virginia to be deposited in the fund set forth in section three-b of this article. Nonprofit chartered and charitable organizations are exempt from this license fee for all amateur events. No municipal corporation may impose any license tax on boxing, sparring or exhibition clubs, notwithstanding the provisions of any section of the code respecting municipal taxes and licenses. The granting of a license to a club by the commission, or the holding of a license by a club, individual, corporation or association, does not prevent the commission from canceling or revoking the license to conduct an event as provided in this section.
(b) In exercising its jurisdiction over professional and semiprofessional boxing, sparring matches and exhibitions, the commission shall follow the current unified rules of boxing adopted by the Association of Boxing Commissions and requirements to enable the proper sanctioning of all participants, referees, judges and matches or exhibitions conducted under the rules described in subdivision (1), subsection (c), section twenty-four of this article and shall cooperate fully with the Association of Boxing Commissions in order that the sanctioning be extended to state boxers. The commission shall supervise all amateur boxing conducted in this state and any such contest shall follow the amateur rules for boxing as adopted by the United States Amateur Boxing Authority. For full contact boxing events and other boxing events that follow nontraditional rules, the commission may impose any limitations or restrictions reasonably necessary to guarantee the safety of the participants and the fair and honest conducting of the matches or exhibitions and may refuse to license any event that poses an unreasonable degree of risk to the participants.
(c) The State Ring Sports Commission is hereby authorized to propose emergency legislative rules pursuant to section fifteen, article three, chapter twenty-nine-a of this code to establish fees to be paid by promoters for each event. The fees are to be placed into a fund for the sole purpose of employing an administrative secretary: Provided, That the fund may not be used until July 1, 2017 or as soon thereafter as funds are sufficient to fulfill this purpose: Provided, however, That nothing in this section shall alter any memorandums of understanding or other agreements between the State Ring Sports Commission, formerly the State Athletic Commission, and any other entity.
'29-5A-3b.
State Athletic Ring Sports Commission Fund.
(a) All moneys collected shall be deposited in a special
account in the State Treasury to be known as the State Athletic Ring
Sports Commission Fund. Expenditures from the fund shall be for the
purposes set forth in this article and are not authorized from collections but
are to be made only in accordance with appropriation by the Legislature and in
accordance with the provisions of article three, chapter twelve of this code
and upon fulfillment of the provisions of article two, chapter eleven-b of this
code: Provided, That for the fiscal year ending June 30, 2016,
expenditures are authorized from collections rather than pursuant to
appropriation by the Legislature.
(b) A supplemental appropriation may be authorized by the Legislature for administrative expenditures that exceed collections in the fiscal years ending June 30, 2016, June 30, 2017, and June 30, 2018, or until such time as the commission collections are sufficient to fully fund its operations.
(c) All money collected and deposited in the State Athletic
Ring Sports Commission Fund that remains after the commission satisfies
its administrative operating obligations shall be surplus revenue funds
available for appropriation: Provided, That the commission may retain
surplus revenue funds as long as it allocates the surplus for a specific
purpose and approves such funds be carried forward for use in the following
fiscal year prior to the end of the fiscal year in which the revenues were
collected.
'29-5A-5. Expense of commission.
On or before December 31 of each year, the secretary of
the commission shall present to the Governor projected expenses for the
following year. Such projections shall include all expenses and revenues of the
commission and its official headquarters. Necessary expenses incurred by the
commission shall be submitted on a standard expense form to the Treasurer of
the state of West Virginia to be paid from the State Athletic Ring
Sports Commission Fund except in such circumstances referred to in
subsection (b), section three-b of this article designating such expenses be
paid from the General Fund.
'29-5A-15. Reports by clubs to commission; bonds of applicants for license.
Every club, corporation, association or individual which may hold or exercise any of the privileges conferred by this article, shall within twenty-four hours after the determination of any contest, furnish to the commission a written report, duly verified by one of its officers, showing the number of tickets sold for such contest and the amount of the gross proceeds thereof, and such other matters as the commission may prescribe. Before any license shall be granted to any club, corporation, association or individual to conduct, hold or give any boxing, sparring or exhibition, such applicant therefor shall execute and file with the commission a surety bond in the sum of which shall be at the discretion of said commission, to be approved as to form and the sufficiency of the security thereon by the said commission. Such bond shall cover all purses, awards and payments to be paid by the promoter. USA Boxing and the United States Olympic Team are exempt from the requirements for a surety bond.
'29‑5A‑20. Licenses for contestants, referees and managers.
No professional
contestant, trainer, inspector, referee or professional manager may take part
in any boxing contest or exhibition unless holding a license from the state
that is issued by the commission upon payment of the following annual license
fee schedule: Professional contestant $25; trainer $20; inspector $30; referee
$30 and professional manager $50. Semiprofessional contestants shall pay a
license fee of $10 for each event. Such fees shall accompany the application
and shall be in the form of a certified check or money order and shall be
issued to the Treasurer of the state of West Virginia to be deposited in the
State Athletic Ring Sports Commission Fund. If a license is not
granted, the Treasurer shall refund the full amount.
'29‑5A‑24. Rules governing contestants and matches.
(a) The commission shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty‑nine‑a of this code.
(b) The commission shall
propose such rules to regulate professional and semiprofessional boxers,
professional or amateur mixed martial artists, professional and
semiprofessional boxing matches and exhibitions and professional or amateur
mixed martial arts matches and exhibitions: Provided, That for
professional boxers and boxing matches and exhibitions, the commission rules
shall comply with the current unified rules of boxing as adopted by the
Association of Boxing Commissions; for professional mixed martial artists and
mixed martial arts matches and exhibitions, the commission rules shall comply
with the current unified rules of mixed martial arts as adopted by the
Association of Boxing Commissions; for amateur boxers and boxing matches or
exhibitions, the commission rules shall comply with the amateur rules for
boxing as adopted by the United States Amateur Boxing Authority; and for
amateur mixed martial artists and mixed martial arts matches or exhibitions,
the commission rules shall follow the current unified rules for the
International Sport Karate Association, the World Kickboxing Association or the
International Sport Combat Federation of mixed martial arts as adopted
by the Association of Boxing Commissions at any given match or exhibition.
For full contact boxing and other boxing events that follow nontraditional
rules, rules guaranteeing the safety of the participants and the fair and
honest conducting of the matches or exhibitions are authorized.
(c) The commission shall propose separate rules for amateur boxers and amateur boxing, sparring matches and exhibitions as follows:
Rules which comply with the requirements of the rules of the current United States Amateur Boxing Authority to the extent that any boxer complying with them will be eligible to participate in any state, national or international boxing match sanctioned by the current United States Amateur Boxing Authority or the International Amateur Boxing Association.”
The bill was then ordered to third reading.
Com. Sub. for S. B. 500, Authorizing Superintendent of State Police hold training classes to use West Virginia Automated Police Network; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 507, Exempting motor vehicles engaged in nonemergency transport of Medicaid recipients from PSC permit requirements; on second reading, coming up in regular order, was read a second time and ordered to 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. 591, Relating to voter registration list maintenance and combined voter registration and driver licensing fund,
Com. Sub. for S. B. 628, Permitting treating physician direct palliative or emergent treatment for patients,
And,
S. B. 658, Allowing licensed professionals donate time to care of indigent and needy in clinical setting.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Caputo and Overington.
Miscellaneous Business
Pursuant to House Rule 48, Delegate D. Evans explained that he voted “Yea” but meant to vote “Nay” on Roll No. 355.
Delegate Walters noted to the Clerk that he was absent when the vote was taken on Roll No. 355, and that had he been present, he would have voted “Yea” thereon.
At 12:49 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 5:00 p.m.
* * * * * * *
Evening Session
* * * * * * *
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption of the report of the Committee of Conference on, and the passage, as amended by said report, and requested the concurrence of the House of Delegates in the passage, of
S. B. 509, Removing 10-day requirement Division of Labor has to inspect amusement rides and attractions.
Conference Committee Report
Delegate Avon, from the Committee of Conference on matters of disagreement between the two houses, as to
S. B. 509, Removing 10-day requirement Division of Labor has to inspect amusement rides and attractions,
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the amendments of the House to Engrossed Senate Bill No. 509 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to amendments of the House striking out everything following the enacting clause and inserting new language, and agree to the same as follows:
“That §21-10-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§21-10-6. Permits; application; annual inspection.
No operator or owner may knowingly permit the operation of
an amusement ride or amusement attraction without a permit issued by the
Division. Each year and at least fifteen days before the first time the
amusement ride or amusement attraction is made available in this state for public
use, an operator or owner shall apply for a permit to the Division on a form
furnished by the Division and containing any information the Division may
require. The Division shall, upon application and within ten thirty
days of the first time in the calendar year the ride or attraction is
made available in this state for public use, inspect all amusement rides and
amusement attractions. The Division shall inspect all stationary rides and
attractions at least once every year. The Division may inspect all mobile
amusement rides and amusement attractions each time they are disassembled and
reassembled for use in this state. The Division may conduct inspections at any
reasonable time without prior notice: Provided, That in lieu of
performing its own inspection, the Division may accept inspection reports from
special inspectors certified by the Division.”
And,
That both houses recede from their respective positions as to the title of the bill and agree to a new title as follows:
S. B. 509 - “A Bill to amend and reenact §21-10-6 of the Code of West Virginia, 1931, as amended, relating to Division of Labor inspection of amusement rides and amusement attractions.”
Respectfully submitted,
Craig Blair, Lynn Arvon,
Ryan Ferns, Chris Stansbury,
Herb Snyder, Phyllis White,
Conferees on the part of the Conferees on the part of the
Senate House of Delegates
On motion of Delegate Arvon, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 372), and there were--yeas 83, nays 4, absent and not voting 13, with the nays and absent and not voting being as follows:
Nays: Eldridge, Kelly, Lane and Skinner.
Absent and Not Voting: Blair, Caputo, Deem, Flanigan, Hicks, Longstreth, Marcum, Morgan, Overington, Reynolds, Rodighiero, Romine and Westfall.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 509) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2016, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4228, Relating to transportation network companies.
On motion of Delegate Cowles, the bill was taken up for immediate consideration. The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §17-29-1, §17-29-2, §17-29-3, §17-29-4, §17-29-5, §17-29-6, §17-29-7, §17-29-8, §17-29-9, §17-29-10, §17-29-11, §17-29-12, §17-29-13, §17-29-14, §17-29-15, §17-29-16, §17-29-17, §17-29-18 and §17-29-19, all to read as follows:
ARTICLE 29. TRANSPORTATION NETWORK COMPANIES.
§17-29-1. Definitions.
As used in this article:
(1) ‘Personal vehicle’ means a vehicle that is:
(a) Used by a transportation network company driver to provide a prearranged ride;
(b) Owned, leased or otherwise authorized for use by the transportation network company driver; and
(c) Not a taxicab or for-hire vehicle.
(2) ‘Digital network’ means any online-enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.
(3) ‘Transportation network company’ means a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this article and operating in West Virginia that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company does not control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.
(4) ‘Transportation network company driver’ or ‘driver’ means an individual who:
(A) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
(B) Uses a personal vehicle to offer or provide a prearranged ride to transportation network company riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.
(5) ‘Transportation network company rider’ or ‘rider’ means an individual or persons who use a transportation network company’s digital network to connect with a transportation network company driver who provides prearranged rides to the rider in the driver’s personal vehicle between points chosen by the rider.
(6) ‘Prearranged ride’ means the provision of transportation by a driver to a transportation network company rider, beginning when a driver accepts a transportation network company rider’s request for a ride through a digital network controlled by a transportation network company, continuing while the driver transports the requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include:
(A) Transportation provided using a taxi, limousine or other for-hire vehicle; or
(B) Transportation provided under a ridesharing arrangement, as defined in section one, article twenty-two, chapter seventeen-c of this code or any other type of arrangement or service in which the driver receives a fee that does not exceed the driver’s costs associated with providing the ride.
§17-29-2. Not other carriers.
Transportation network companies or transportation network company drivers are not common carriers by motor vehicle or contract carriers by motor vehicle, or motor carriers, as defined in section two, article one, chapter twenty-four-a of this code, nor do they provide taxicab or for-hire vehicle services.
§17-29-3. Transportation Network Company permit required.
(a) A person may not operate a transportation network company in West Virginia without first having obtained a permit from the Division of Motor Vehicles.
(b) The Division of Motor Vehicles shall issue a permit to each applicant that:
(1) Provides proof of an agent for service of process in the State of West Virginia to the Division of Motor Vehicles in accordance with section four of this article;
(2) Provides a copy of a certificate of insurance maintained by the transportation network company in accordance with section eight of this article;
(3) Provides a copy of the transportation network company’s zero tolerance for drug or alcohol use policy to the Division of Motor Vehicles in accordance with section twelve of this article;
(4) Provides a copy of the transportation network company’s policy prohibiting solicitation or acceptance of street hails to the Division of Motor Vehicles in accordance with section fifteen of this article;
(5) Provides a copy of the transportation network company’s policy prohibiting solicitation or acceptance of cash payments from riders to the Division of Motor Vehicles in accordance with section sixteen of this article;
(6) Provides a copy of the transportation network company’s policy of nondiscrimination with respect to riders and potential riders to the Division of Motor Vehicles in accordance with section seventeen of this article; and
(7) Has paid an annual permit fee of $1,000 to the Division of Motor Vehicles.
(c) Any fees collected under the provisions of this article shall be deposited into the Motor Vehicle Fees Fund established in accordance with section twenty-one, article two, chapter seventeen-a of this code. The Division of Motor Vehicles shall use the fees collected for the payment of the costs and expenses necessary for the administration of this article.
§17-29-4. Agent.
A transportation network company shall maintain an agent for service of process in this state.
§17-29-5. Fare collected for services.
On behalf of a transportation network company driver, a transportation network company may charge a fare for the services provided to riders: Provided, that if a fare is collected from a rider, the transportation network company shall disclose to the rider the fare calculation method on its website or within the software application service. The transportation network company shall also provide riders with the applicable rates being charged and the option to receive an estimated fare before the rider enters the transportation network company driver’s vehicle.
§17-29-6. Identification of transportation network company vehicles and drivers.
The transportation network company’s software application or website shall display a picture of the transportation network company driver and the license plate number of the motor vehicle utilized for providing the prearranged ride before the rider enters the transportation network company Driver’s vehicle.
§17-29-7. Electronic receipt.
Within a reasonable period of time following the completion of a prearranged ride, a transportation network company shall transmit an electronic receipt to the rider on behalf of the transportation network company driver that lists:
(a) The origin and destination of the prearranged ride;
(b) The total time and distance of the prearranged ride; and
(c) An itemization of the total fare paid, if any.
§17-29-8. Financial responsibility of transportation network companies.
(a) On or before July 1, 2016, and thereafter, a transportation network company driver or transportation network company on the driver’s behalf shall maintain primary automobile insurance that recognizes that the driver is a transportation network company driver or otherwise uses a vehicle to transport passengers for compensation and covers the driver:
(1) While the transportation network company driver is logged on to the transportation network company’s digital network; or
(2) While the driver is engaged in a prearranged ride.
(b) The following automobile insurance requirements apply while a participating transportation network company driver is logged on to the transportation network company’s digital network and is available to receive transportation requests, but is not engaged in a prearranged ride:
(1) Primary automobile liability insurance in the amount of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident and $25,000 for property damage; and
(2) Uninsured and underinsured motorists’ coverage as required in section thirty-one, article six, chapter thirty-three of this code.
(3) The coverage requirements of this subsection may be satisfied by any of the following:
(A) Automobile insurance maintained by the transportation network company driver; or
(B) Automobile insurance maintained by the transportation network company; or
(C) Any combination of paragraphs (A) and (B) of this subdivision.
(c) The following automobile insurance requirements apply while a transportation network company driver is engaged in a prearranged ride:
(1) Primary automobile liability insurance that provides at least $1,000,000 for death, bodily injury and property damage; and
(2) Uninsured and underinsured motorists’ coverage as required in section thirty-one, article six, chapter thirty-three of this code.
(3) The coverage requirements of this subsection (c) may be satisfied by any of the following:
(A) Automobile insurance maintained by the transportation network company driver; or
(B) Automobile insurance maintained by the transportation network company; or
(C) Any combination of paragraphs (A) and (B) of this subdivision.
(d) If insurance maintained by a driver in subsection (b) or (c) has lapsed or does not provide the required coverage, insurance maintained by a transportation network company shall provide the coverage required under this section beginning with the first dollar of a claim and have the duty to defend such claim.
(e) Coverage under an automobile insurance policy maintained by the transportation network company shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.
(f) Insurance required under this section may be placed with an insurer authorized to do business in this state or with a surplus lines insurer eligible under section five, article twelve-c, chapter thirty-three of this code that has a credit rating of no less than ‘A-’ from A.M. Best or ‘A’ from Demotech or similar rating from another rating agency recognized by the Insurance Commissioner.
(g) Insurance satisfying the requirements of this section shall be deemed to satisfy the financial responsibility requirement for a motor vehicle under article four, chapter seventeen-d of this code.
(h) A transportation network company driver shall carry proof of coverage satisfying subsections (b) and (c), section eight of this article with him or her at all times during his or her use of a personal vehicle in connection with a transportation network company’s digital network. In the event of an accident, a transportation network company driver shall provide this insurance coverage information to the directly interested parties, automobile insurers and investigating police officers, upon request pursuant to section four, article two-a, chapter seventeen-d of this code. Upon such request, a transportation network company driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers, whether he or she was logged on to the transportation network company’s digital network or on a prearranged ride at the time of an accident.
§17-29-9. Disclosures.
The transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a Prearranged Ride on the transportation network company’s digital network:
(1) The insurance coverage, including the types of coverage and the limits for each coverage that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company’s digital network; and
(2) That the transportation network company driver’s own automobile insurance policy might not provide any coverage while the driver is logged on to the transportation network company’s digital network and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.
§17-29-10. Automobile insurance provisions.
(a) Insurers that write automobile insurance in this state may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a transportation network company’s digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in an automobile insurance policy including, but not limited to:
(1) Liability coverage for bodily injury and property damage;
(2) Uninsured and underinsured motorist coverage,
(3) Medical payments coverage;
(4) Comprehensive physical damage coverage; and
(5) Collision physical damage coverage.
Such exclusions apply notwithstanding any requirement under article four, chapter seventeen-d of this code. Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the driver is logged on to the transportation network company’s digital network, while the driver is engaged in a prearranged ride or while the driver otherwise uses a vehicle to transport passengers for compensation. Nothing shall be deemed to preclude an insurer from providing coverage for the transportation network company driver’s vehicle, if it so chooses to do so by contract or endorsement.
(b) Automobile insurers that exclude the coverage described in section eight of this article have no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in this article invalidates or limits an exclusion contained in a policy, including any policy in use or approved for use in this state prior to the enactment of this article that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public. An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of section eight of this article at the time of loss.
(c) In a claims coverage investigation, Transportation Network Companies shall immediately provide upon request by directly involved parties or any insurer of the transportation network company driver if applicable, the precise times that a transportation network company driver logged on and off of the transportation network company’s digital network in the twelve-hour period immediately preceding and in the twelve-hour period immediately following the accident. Insurers providing coverage as set forth in Section C shall disclose upon request by any other such insurer involved in the particular claim, the applicable coverages, exclusions and limits provided under any automobile insurance maintained in order to satisfy the requirements of section eight of this article.
§17-29-11. Limitation on transportation network companies.
(a) Drivers are independent contractors and not employees of the transportation network company if all of the following conditions are met:
(1) The transportation network company does not prescribe specific hours during which a transportation network company Driver must be logged into the transportation network company’s digital network;
(2) The transportation network company imposes no restrictions on the transportation network company driver’s ability to utilize digital networks from other Transportation Network Companies;
(3) The transportation network company does not assign a transportation network company driver a particular territory in which to operate;
(4) The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business; and
(5) The transportation network company and transportation network company driver agree in writing that the driver is an independent contractor of the transportation network company.
(b) A transportation network company operating under this article is not required to provide workers’ compensation coverage to a transportation network company driver that is classified as an independent contractor pursuant to this section.
§17-29-12. Zero tolerance for drug or alcohol use.
(a) The transportation network company shall implement a zero tolerance policy regarding a transportation network company driver’s activities while accessing the transportation network company’s digital network. The zero tolerance policy shall address the use of drugs or alcohol while a transportation network company driver is providing prearranged rides or is logged into the transportation network company’s digital network but is not providing prearranged rides, and the transportation network company shall provide notice of this policy on its website, as well as procedures to report a complaint about a driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(b) Upon receipt of such rider complaint alleging a violation of the zero tolerance policy, the transportation network company shall immediately suspend such transportation network company driver’s access to the transportation network company’s digital network and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
(c) The transportation network company shall maintain records relevant to the enforcement of this requirement for a period of at least two years from the date that a rider complaint is received by the transportation network company.
§ 17-29-13. Transportation Network Company driver requirements.
(a) Before allowing an individual to accept trip requests through a transportation Network Company’s digital platform:
(1) The individual shall submit an application to the transportation network company, which includes information regarding his or her address, age, driver’s license, motor vehicle registration, automobile liability insurance and other information required by the transportation network company;
(2) The transportation network company shall conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include:
(A) Multistate/multijurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and
(B) National Sex Offender Registry database.
(3) The transportation network company shall review, or have a third party review, a driving history research report for such individual.
(b) The transportation network company shall not permit an individual to act as a transportation network company driver on its digital network who:
(1) Has had more than three moving violations in the prior three-year period, or one major violation in the prior three-year period, including, but not limited to, attempting to evade the police, reckless driving or driving on a suspended or revoked license;
(2) Has been convicted, within the past seven years, of any felony or misdemeanor, driving under the influence, reckless driving, hit and run, or any misdemeanor violent offense or sexual offense, or more than three misdemeanors of any kind;
(3) Is a match in the National Sex Offender Registry database;
(4) Does not possess a valid driver’s license;
(5) Does not possess proof of registration for the motor vehicle(s) used to provide prearranged rides;
(6) Does not possess proof of automobile liability insurance for the motor vehicle(s) used to provide prearranged rides; or
(7) Is not at least nineteen years of age.
§17-29-14. Vehicle safety and emissions.
The transportation network company shall require any motor vehicle that a transportation network company driver will use to provide transportation network company services to meet the inspection requirements of section four, article sixteen, chapter seventeen-c of this code or the inspection requirements for a private motor vehicle of the state in which the motor vehicle is registered.
§17-29-15. No street hails.
A transportation network company driver may not solicit or accept street hails.
§17-29-16. No cash trips.
The transportation network company shall adopt a policy prohibiting solicitation or acceptance of cash payments from riders and notify transportation network company drivers of such policy. Transportation network company drivers may not solicit or accept cash payments from riders. Any payment for prearranged rides shall be made only electronically using the transportation network company’s digital network or software application.
17-29-17. No discrimination; accessibility.
(a) The transportation network company shall adopt a policy of nondiscrimination with respect to riders and potential riders and notify transportation network company drivers of such policy: Provided, That no provision of this article may be construed to require that the policy of nondiscrimination with respect to riders and potential riders be more stringent than state law governing unlawful discriminatory practices.
(b) Transportation network company drivers shall comply with all applicable laws regarding nondiscrimination against riders or potential riders.
(c) Transportation network company drivers shall comply with all applicable laws relating to accommodation of service animals.
(d) A transportation network company may not impose additional charges for providing services to persons with physical disabilities due to those disabilities.
§17-29-18. Records.
A transportation network company shall maintain the following customer records:
(a) Individual trip records of rider customers for at least two years from the date each trip was provided; and
(b) Individual records of transportation network company driver customers at least until the two year anniversary of the date on which a transportation network company driver’s customer relationship with the transportation network company has ended.
§17-29-19. Controlling authority.
(a) Notwithstanding any provision of chapter twenty-four or any other provision of this code to the contrary, the regulation of the business activities of transportation network companies and transportation network company drivers is governed exclusively by this article.
(b) Taxation. — No municipality, county or other local governmental entity or special district may impose a special district excise tax, sales tax, use tax, business and occupation tax, or any other tax or fee on, or require a license for, a transportation network company, a transportation network company driver, or a personal vehicle used by a transportation network company driver, where such tax or license relates to, or is imposed upon, the service or privilege of providing prearranged transportation of persons or property. No municipal consumer’s sales and service tax and use tax or special district excise tax may be imposed on the customers of a transportation network company or a transportation network company driver for, or with relation to, purchases of transportation network company transportation services.
(c) Licensure, registration and qualification. — No municipality, county or other local governmental entity or special district may require a transportation network company driver to obtain a business license or any other similar authorization to operate within the jurisdiction, or subject a transportation network company or transportation network company driver to any licensure requirement, fee, tax, entry requirement, registration requirement, operating or operational requirement or any other requirement.
(d) Consumers sales and service tax and use tax exemptions. —
(1) The provision of prearranged transportation service by a transportation network company driver is exempt from the consumers sales and service tax and use tax imposed under articles fifteen and fifteen-a, chapter eleven of this code.
(2) Transportation Network Companies may assert a lawful and timely exemption from the consumer sales and service tax and use tax, in accordance with section nine, article fifteen, chapter eleven of this code, for purchases of tangible personal property and services directly used in transportation.
(e) Limitations and interpretation. —
(1) No provision of this section or this article shall be interpreted to void, abrogate, restrict or affect imposition of the ad valorem property tax on tangible personal property of a transportation network company or of a transportation network company driver by any levying body.
(2) No provision of this section or this article shall be interpreted to void, abrogate, restrict or affect imposition of the state personal income tax or state corporation net income tax on a transportation network company or a transportation network company driver.
(3) No provision of this section or this article shall be interpreted to void, abrogate, restrict or affect imposition of the motor fuel excise tax on any taxable motor fuel or alternative fuel purchased by any transportation network company or transportation network company driver.
(4) No provision of this section or this article shall be interpreted to void, abrogate, restrict or affect the requirements of chapter eleven of this code for issuance of a business registration certificate for transportation network companies and transportation network drivers.
(5) No provision of this section or this article voids, abrogates, restricts or affects any requirement of state law with relation to licensure of drivers or motor vehicles.
(6) Transportation network company drivers may not assert the exemption from the consumer sales and service tax and use tax, for purchases of tangible personal property and services directly used in transportation under section nine, article fifteen, chapter eleven of this code.”
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4228 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §17-29-1, §17-29-2, §17-29-3, §17-29-4, §17-29-5, §17-29-6, §17-29-7, §17-29-8, §17-29-9, §17-29-10, §17-29-11, §17-29-12, §17-29-13, §17-29-14, §17-29-15, §17-29-16, §17-29-17, §17-29-18 and §17-29-19, all relating to transportation network companies; providing definitions; declaring not common carriers, taxi cabs or for-hire vehicle services; requiring permits from the Division of Motor Vehicles for TNCs to operate in the state; outlining requirements for such permits including payment of an annual permit fee; requiring an agent for service of process; providing for fare collection, identification of TNC vehicles and drivers, and electronic receipts; requiring financial responsibility and disclosure thereof; providing for different level of financial responsibility based on circumstances; requiring disclosures of financial responsibility to TNC drivers; allowing automobile insurers to exclude certain coverages; defining the relationship between drivers and transportation network companies; providing that workers compensation coverage not required under certain circumstances; requiring transportation network companies to adopt a policy of zero tolerance of alcohol or drug use for drivers; requiring for certain record keeping practices; providing requirements for drivers; requiring background checks and other requirements before drives may accept trip requests for TNCs; establishing criteria which disqualify persons from acting as TNC drivers; requiring vehicle inspections; requiring transportation network companies to adopt policies prohibiting solicitation or acceptance of cash payments and a policy of nondiscrimination; prohibiting additional charges for providing services to persons with physical disabilities; requiring customer records to be kept; prescribing certain tax requirements, limitations and exemptions; and prohibiting certain political subdivisions from imposition of licensure or other requirements or fees.”
On motion of Delegate Cowles, the House concurred in the Senate amendments with further amendment, as follows:
On page eight of the Senate amendment, section ten, line twenty-seven, by striking out subsection (c) in its entirety and inserting a new subsection (c) to read as follows:
“(c) In a claims coverage investigation, transportation network companies and any insurer providing coverage under section eight of this article shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the transportation network company driver if applicable, including the precise times that a transportation network company driver logged on and off of the transportation network company’s digital network in the twelve hour period immediately preceding and in the twelve hour period immediately following the accident and disclose to one another a clear description of the coverage, exclusions and limits provided under any automobile insurance maintained under section eight of this article.”.
The bill, as amended by the Senate, and further amended by the House, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 373), and there were--yeas 86, nays 1, absent and not voting 13, with the nays and absent and not voting being as follows:
Nays: Kelly.
Absent and Not Voting: Blair, Caputo, Deem, Flanigan, Hicks, Longstreth, Marcum, Morgan, Overington, Reynolds, Rodighiero, Romine and Westfall.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4228) passed.
Delegate Cowles moved that the bill take effect July 1, 2016.
On this question, the yeas and nays were taken (Roll No. 374), and there were--yeas 87, nays none, absent and not voting 13, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Caputo, Deem, Flanigan, Hicks, Longstreth, Marcum, Morgan, Overington, Reynolds, Rodighiero, Romine and Westfall.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2448) 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.
At the request of Delegate Cowles and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 349, Updating meaning of federal adjusted gross income,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 346, Updating projects managed by Project Management Office,
Com. Sub. for S. B. 400, Reducing amount of sales tax proceeds dedicated to School Major Improvement Fund,
S. B. 415, Lengthening maximum term of negotiable certificates of deposit municipal funds can hold,
S. B. 439, Eliminating requirement that budget director approve requisitions for personal services payment under certain circumstances,
And,
S. B. 515, Authorizing payment of certain claims against state,
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:
S. B. 345, Relating to parking on state-owned or leased property,
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 (S. B. 345) was referred to the Committee on Finance.
Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 656, Creating Upper Kanawha Valley Resiliency and Revitalization Program,
Com. Sub. for S. B. 575, Requiring leases for state office space provide landlord or owner be responsible for cleaning or janitorial services,
Com. Sub. for S. B. 622, Composition of PEIA Finance Board,
S. B. 648, Allowing local authorities permit flashing traffic signals during low traffic times,
And,
S. B. 552, Eliminating requirement sheriff pay jury costs to State Treasury,
And reports the same back with the recommendation that they each do pass.
Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
Com. Sub. for S. B. 634, Creating William R. Laird IV Second Chance Driver’s License Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
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:
S. B. 494, Creating Legislative Oversight Commission on Department of Transportation Accountability,
Com. Sub. for S. B. 524, Rewriting Board of Barbers and Cosmetologists article,
And,
S. B. 306, Permitting sale of county or district property online,
And reports the same back, with title amendments, with the recommendation that they each do pass, as amended.
Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 334, Identifying coyote as fur-bearing animal and woodchuck as game animal,
And,
S. B. 573, Prohibiting municipal annexation which would result in unincorporated territory within municipality,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 267, Modifying removal procedure for certain county, school district and municipal officers,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 267) was referred to the Committee on the Judiciary.
Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 474, Exempting DEP construction and reclamation contracts from review and approval,
S. B. 461, Updating WV Workforce Investment Act to the WV Workforce Innovation and Opportunity Act,
S. B. 678, Relating to ownership and use of conduit providing telephone service,
S. B. 426, Continuing Office of Coalfield Community Development,
Com. Sub. for S. B. 39, Regulating off-road motorcycles within Hatfield-McCoy Recreation Area,
And,
S. B. 94, Designating State Police Superintendent as administrator and enforcer of motor vehicle inspection program,
And reports the same back with the recommendation that they each do pass.
Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
Com. Sub. for S. B. 298, Allowing restaurants, private clubs and wineries sell alcoholic beverages on Sundays,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 298) was referred to the Committee on the Judiciary.
The Speaker informed the Members that the committee report received this morning for Com. Sub. for S. B. 592 indicated that it was reported with amendment but that there was not an amendment and a corrected committee report has been submitted.
At 5:29 p.m., the House of Delegates adjourned until 11:00 a.m., Saturday, March 5, 2016.