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Friday, February 17, 2017

TENTH DAY

[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Thursday, February 16, 2017, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 2347, Allowing schools licensed to provide barber, cosmetology and related training to hold theory classes and clinical classes at different locations,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 2347 -- “A Bill to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §30-27-15, relating to allowing schools licensed to provide barber, cosmetology and related training to hold theory classes and clinical classes at separate locations; and prohibiting schools licensed to provide barber, cosmetology and related training from being established within the same physical structure as a salon, spa, or similar business,”

With the recommendation that the committee substitute do pass.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 2348, Eliminating any requirement that class hours of students be consecutive,

And reports the same back with the recommendation that it do pass.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 2220, Barbers and Cosmetologists, W.Va. Board of, Licensing Schools of Barbering, Cosmetology, Nail Technology and Aesthetics,

And,

H. B. 2239, Barbers and Cosmetologists, W.Va. Board of Qualifications, Training, Examination and Certification of Instructors in Barbering and Cosmetology,

And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bills (H. B. 2220 and H. B. 2239) were each referred to the Committee on the Judiciary.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 2240, Barbers and Cosmetologists, W.Va. Board of, Operational Standards for Schools of Barbering, Cosmetology, Hair Styling, Nail Technology and Aesthetics,

H. B. 2241, Barbers and Cosmetologists, W.Va. Board of Operation of Barber, Beauty, Nail and Aesthetic Shops/Salons, and Schools of Barbering and Beauty Culture,

H. B. 2242, Barbers and Cosmetologists, W.Va. Board of Schedule of Fees,

H. B. 2243, Barbers and Cosmetologists, W.Va. Board of Barber Apprenticeship,

H. B. 2298, Barbers and Cosmetologists, W.Va. Board of Continuing Education,

And,

H. B. 2299, Barbers and Cosmetologists, W.Va. Board of Waxing Specialist,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bills (H. B. 2240, H. B. 2241, H. B. 2242, H. B. 2243, H. B. 2298 and H. B. 2299) were each referred to the Committee on the Judiciary.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:

H. B. 2301, Relating to direct primary care,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 2301 – “A Bill to repeal §16-2J-1, §16-2J-2, §16-2J-3, §16-2J-4, §16-2J-5, §16-2J-6. §16-2J-7, §16-2J-8 and §16-2J-9 of the Code of West Virginia, 1931, as amended; and to amend said code  by adding thereto a new article, designated §30-3F-1, §30-3F-2, §30-3F-3, §30-3F-4 and §30-3F-5, all relating to direct primary care; defining terms; permitting individuals to enter into agreements, for direct primary care with an individual or other legal entity authorized to provide primary care services, outside of an insurance plan or outside of the Medicaid or Medicare program and pay for the care outside of insurance plans and the Medicaid or Medicare program; providing that insurance benefits are not forfeited by certain purchases; providing that certain products are not the offer of insurance; providing that direct primary care membership agreement is not considered insurance;  prohibiting direct primary care providers from billing third-party payers for services or products under the direct primary care membership agreement; providing that a direct primary care provider is not required to obtain certain credentials; prohibiting the billing of third party providers for direct primary care services; stating certain requirements for direct primary care membership agreement; providing rule-making authority by the West Virginia Board of Medicine; the West Virginia Board of Osteopathic Medicine and the West Virginia Board of Examiners for Registered Professional Nurses to effectuate the provisions of this new article; and authorizing civil penalties in the form of sanctions by the respective boards for violations that constitute unprofessional conduct,”

With the recommendation that the committee substitute do pass.

Delegate Rowan, Chair of the Committee on Senior Citizen Issues, submitted the following report, which was received:

Your Committee on Senior Citizen Issues has had under consideration:

H. B. 2167, Creating a Silver Alert program for senior citizens,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 2167 – “A Bill to amend and reenact §15-3B-3 and §15-3B-4 of the Code of West Virginia, 1931, as amended, relating to including senior citizens in the Silver Alert program; defining a senior citizen; providing a date to include senior citizens in the program; and including senior citizens in criteria to activate the Silver Alert,”

With the recommendation that the committee substitute do pass.

Delegate Rowan, Chair of the Committee on Senior Citizen Issues, submitted the following report, which was received:

Your Committee on Senior Citizen Issues has had under consideration:

H. B. 2404, Barring persons who are convicted of certain criminal offenses from acquiring property from their victims,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2404) was referred to the Committee on the Judiciary.

Delegate Westfall, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration:

H. B. 2230, Insurance Commission, Adoption of Valuation Manual,

And,

H. B. 2283, Risk and Insurance Management, W.Va. State Board of Mine Subsidence Insurance,

And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bills (H. B. 2230 and H. B. 2283) were each referred to the Committee on the Judiciary.

Delegate Anderson, Chair of the Committee on Energy, submitted the following report, which was received:

Your Committee on Energy has had under consideration:

H. B. 2221, DEP Air Quality Board, Alternative Emission Limitations During Startup, Shutdown and Maintenance Operations,

H. B. 2222, DEP Air Quality Board, Ambient Air Quality Standards,

H. B. 2223, DEP Air Quality Board, Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Construction and Procedures for Evaluation,

H. B. 2224, DEP Air Quality Board, Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality,

H. B. 2225, DEP Air Quality Board, Standards of Performance for New Stationary Sources,

H. B. 2226, DEP Air Quality Board, Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities,

H. B. 2227, DEP Air Quality Board, Emission Standards for Hazardous Air Pollutants,

H. B. 2228, DEP Secretary's Office, Voluntary Remediation and Redevelopment Rule,

H. B. 2229, DEP Water and Waste Management, Awarding of Matching Grants for Local Litter Control Programs,

And,

H. B. 2267, Miners’ Health, Safety and Training, W.Va. Office of, Certification, Recertification and Training of EMT-Miners and the Certification of EMT-M Instructors,

And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bills (H. B. 2221, H. B. 2222, H. B. 2223, H. B. 2224, H. B. 2225, H. B. 2226, H. B. 2227, H. B. 2228, H. B. 2229 and H. B. 2267) were each referred to the Committee on the Judiciary.

Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 2300, Regulating step therapy protocols,

And reports the same back with the recommendation that it do pass.

Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 2423, Relating to the criminal offense of therapeutic deception,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2423) was referred to the Committee on Government Organization.

Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 2360, Exempting certain contracts from the bidding process,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Government Organization.

            In accordance with the former direction of the Speaker, the bill (H. B. 2360) was referred to the Committee on Government Organization.

Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 2431, Allowing influenza immunizations to be offered to patients and residents of specified facilities,

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 2264, Medicine, WV Board of Licensing and Disciplinary Procedures: Physicians; Podiatrists,

H. B. 2265, Medicine, WV Board of Licensure, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants,

H. B. 2266, Medicine, WV Board of Dispensing of Legend Drugs by Practitioners,

And,

H. B. 2359, Relating to offenses and penalties for practicing osteopathic medicine without a license,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bills (H. B. 2264, H. B. 2265, H. B. 2266 and H. B. 2359) were each referred to the Committee on the Judiciary.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:

H. B. 2318, Relating generally to human trafficking,

And reports back a committee substitute therefor, with a new title, as follows:

Com. Sub. for H. B. 2318 – “A Bill to repeal §61-2-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-9A-2 of said code; to amend and reenact §15-12-2 of said code; to amend and reenact §49-1-201 of said code; to amend said code by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6, §61-14-7, §61-14-8 and §61-14-9; and to amend and reenact §62-1D-8 of said code, all relating generally to human trafficking; designating the Division of Justice and Community Services to be the state administrative agency responsible for criminal justice and juvenile justice systems for the planning and development of state programs and grants relating to human trafficking; adding offenses that require registration under the sex offender registration act;  defining terms; repealing existing civil remedies, criminal offense and penalties for human trafficking; creating criminal felony offenses and penalties for trafficking an individual; creating criminal felony offenses and penalties for using an individual in forced labor; creating criminal felony offenses and penalties for using an individual in debt bondage; creating criminal felony offenses and penalties for compelling an adult through coercion to engage in commercial sexual activity; creating a criminal felony offense for maintaining or making available a minor for the purpose of engaging in commercial sexual activity; clarifying that consent of minor and misbelief as to age are not defenses to prosecution for sexual servitude offense; creating a criminal felony offense of patronizing an individual to engage in commercial sexual activity; clarifying that each victim shall be considered a separate offense; limiting ability for parole in circumstances where the court makes a finding of aggravated circumstances; defining aggravated circumstances; providing for restitution to victims and the enforcement of a judgment order for restitution; directing unclaimed restitution to be paid to the Crime Victims Compensation Fund; providing for disgorgement of profits and debarment from state and local government contracts;  making victims eligible for compensation under the Crime Victims Compensation Fund; specifying the notification procedure to be followed by a law-enforcement officer upon encountering a child who appears to be a victim of an offense under this article; providing for immunity for offense of prostitution for minors; defining a minor victim of sex trafficking as an abused child and establishing a child’s eligibility for services therefor; providing for expungement of prostitution conviction for victims of trafficking; and authorizing the use of wiretaps to conduct investigations,”

With the recommendation that the committee substitute do pass.

Delegate Ellington, Chair of the Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:

Your Committee on Prevention and Treatment of Substance Abuse has had under consideration:

H. B. 2422, The Ryan Brown Addiction Prevention and Recovery Fund Act,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (H. B. 2422) was referred to the Committee on Finance.

Delegate Ellington, Chair of the Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:

Your Committee on Prevention and Treatment of Substance Abuse has had under consideration:

H. B. 2277, Pharmacy, WV Board of Controlled Substances Monitoring Program,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (H. B. 2277) was referred to the Committee on the Judiciary.

Delegate Ellington, Chair of the Committee on Prevention and Treatment of Substance Abuse, submitted the following report, which was received:

Your Committee on Prevention and Treatment of Substance Abuse has had under consideration:

H. B. 2083, Increasing the felony criminal penalties for exposing children to methamphetamine manufacturing,

And,

H. B. 2329, Prohibiting the production, manufacture or possession of fentanyl,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bills (H. B. 2083 and H. B. 2329) were each referred to the Committee on the Judiciary.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

            By Delegate Hicks:

H. B. 2528 - “A Bill to amend and reenact §48-11-105 and §48-11-106 of the Code of West Virginia, 1931, as amended; all relating to requiring in the event the amount of child support to be paid is modified by a later child support order, the amount to be paid is effective on the date the petition for the modification was filed, not the date the subsequent order was entered”; to the Committee on the Judiciary.

            By Delegates Pushkin, Walters, White, Storch, Westfall, Moore, Kelly, Miley, Williams, Hill and Higginbotham:

H. B. 2529 - “A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing Act; prohibiting discrimination based upon age or sexual orientation; and defining sexual orientation”; to the Committee on Industry and Labor then the Judiciary.

            By Delegate Walters:

H. B. 2530 - “A Bill to amend and reenact §17B-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17B-2-7b of said code; to amend said code by adding thereto a new section, designated §17C-1-69; and to amend and reenact §17C-15-44 of said code, all relating to autocycles; defining ‘autocycle’; creating an autocycle exemption from motorcycle examination, licensing and endorsement requirements; allowing a person with a valid driver's license to operate an autocycle; creating an autocycle exemption from helmet and certain other motorcycle or motor-driven cycle safety requirements; deleting obsolete language regarding the motorcycle safety and education committee; and making technical corrections”; to the Committee on Roads and Transportation then the Judiciary.

            By Delegate Walters:

H. B. 2531 - “A Bill to amend and reenact §55-2-3 of the Code of West Virginia, 1931, as amended, relating to entry upon or recovery of lands by infants, insane persons, military personnel or reservists”; to the Committee on Veterans

 Affairs and Homeland Security then the Judiciary.

            By Delegates Pushkin, C. Lane, McGeehan, Isner, Hornbuckle, Lovejoy, Brewer, Fluharty and Byrd:

H. B. 2532 - “A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to allowing the expungement of certain felony convictions; setting forth the conditions for expungement; establishing a procedure for expungement; creating conditions; providing exceptions; and providing for procedures and for resulting legal status”; to the Committee on Industry and Labor then the Judiciary.

            By Delegate Sobonya:

H. B. 2533 - “A Bill to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for transporting controlled substances into the state; and exempting marihuana from this provision”; to the Committee on Prevention and Treatment of Substance Abuse then the Judiciary.

            By Delegate Walters:

H. B. 2534 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6 and §5B-2I-7, all relating to authorizing local units of government to adopt local energy efficiency partnership programs and to create districts to promote the use of energy efficiency improvements by owners of certain real property; providing for financing of programs through voluntary property assessments, commercial lending and other means; authorizing local unit of government to issue bonds, notes and other evidences of indebtedness and to pay the cost of energy efficiency improvements from the proceeds thereof; providing for the repayment of bonds, notes and other evidences of indebtedness; authorizing certain fees;  prescribing powers and duties of certain governmental officers and entities; and providing remedies”; to the Committee on Energy then Finance.

            By Delegates Kelly, Rodighiero, Criss, Ward, Cooper, Rowan, R. Romine, Harshbarger, Hollen, Marcum and Hicks:

H. B. 2535 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §61-6-26 and §61-6-27, all relating to making it a criminal offense to disturb the peace; providing examples of disturbing the peace; defining a term; and providing criminal penalties”; to the Committee on the Judiciary.

            By Delegates Walters, Boggs, Bates, Storch, Criss, Lovejoy and Ambler:

H. B. 2536 - “A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to the creation of the West Virginia Second Chance for Employment Act; defining terms; expanding eligibility for criminal expungement to persons convicted of certain nonviolent felonies; defining ‘nonviolent felony’; providing exclusions to eligibility; establishing timing for filing a petition for expungement; creating petition requirements and court procedure for evaluating preliminary and final orders of expungement for nonviolent felonies; providing for preliminary orders of expungement; requiring a ten-year period under a preliminary order of expungement for a felony before one may obtain a final order of expungement; clarifying disclosure requirements with respect to the information sealed pursuant to an order of expungement, including exemptions; providing standard for inspection of sealed records; and making technical changes”; to the Committee on Industry and Labor then the Judiciary.

            By Delegates Kelly, Criss, Deem, Wagner, Ward, Atkinson, Cooper, Rowan, R. Romine, Harshbarger and Hollen:

H. B. 2537 - “A Bill to amend and reenact §8-22-24 of the Code of West Virginia, 1931, as amended, relating to disability pensions of municipal employees; increasing amount of income that may be earned before an offset of benefits is required; and increasing that limit automatically when the minimum wage increases”; to the Committee on Pensions and Retirement then Finance.

            By Delegates Ellington, Summers, Rohrbach, Longstreth and Rodighiero:

H. B. 2538 - “A Bill to amend and reenact §30-3E-4 of the Code of West Virginia, 1931, as amended; relating to the licensure of physician assistants”; to the Committee on Health and Human Resources then Government Organization.

            By Delegates A. Evans, Hamilton, Ambler, Wagner, R. Romine, Frich, Sponaugle, Lewis and Rowan:

H. B. 2539 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-15-26, relating to permitting a housing authority to garnish delinquent rents and other amounts owed to the authority from the renter’s income tax refund; setting forth a procedure; permitting the Tax Commissioner and the applicable courts to receive a fee and costs; and providing for rule-making”; to the Committee on the Judiciary then Finance.

By Delegates Ellington, Summers, Rohrbach, Cooper, Hollen, Sobonya and Rowan:

H. B. 2540 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-21, relating to permitting a person to practice certain professions for limited time for a charitable function”; to the Committee on Government Organization.

House Calendar

            Com. Sub. for H. B. 2099, Defining the act of leaving the scene of a crash involving death or serious bodily injury as a felony; Erin’s Law; on third reading, coming up in regular order, was read a third time.

The question being on the passage of the bill, the yeas and nays were taken (Roll No. 2), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:

            Absent and Not Voting: Blair, Ellington, Householder and Longstreth.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2099) passed.

            On motion of Delegate Shott, the title of the bill was amended to read as follows:

Com. Sub. for H. B. 2099 – “A Bill to amend and reenact §17C-4-1 of the Code of West Virginia, 1931, as amended, relating to crashes involving death or personal injuries; defining terms; clarifying when a driver may leave the scene of a crash for the purpose of rendering assistance to an injured person in the crash; clarifying the crime of leaving the scene of a crash that causes bodily injury; creating a felony crime of leaving the scene of a crash that proximately causes serious bodily injury and providing criminal penalties; and clarifying the crime of leaving the scene of a crash that causes death.”

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:

Com. Sub. for H. B. 2303, Increasing criminal penalties for littering,

And,

Com. Sub. for H. B. 2319, Relating to candidates or candidate committees for legislative office disclosing contributions.

Leaves of Absence

At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Blair, Ellington, Householder and Longstreth.

Remarks by Members

            Delegate Boggs asked and obtained unanimous consent that the remarks of Delegate E. Evans regarding workplace safety be printed in the Appendix to the Journal.

Miscellaneous Business

            Delegate Baldwin filed forms with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2043, H. B. 2157, H. B. 2215, H. B. 2200, H. B. 2326, H. B. 2316 and H. B. 2403.

            Delegate Frich filed forms with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2083, H. B. 2329 and H. B. 2350.

            Delegate Espinosa filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2148.

            Delegate Lovejoy filed forms with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2326, H. B. 2380 and H. B. 2416.

            Delegate Statler filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2350.

            Delegate Rohrbach filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2387.

            Delegate Kessinger filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2387.

            Delegate Lane filed a form with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B. 2387.

At 11:49 a.m., the House of Delegates adjourned until 11:00, Monday, February 20, 2017.