__________*__________
Monday, February 20, 2017
THIRTEENTH
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 Friday, February 17, 2017, being the first order of business, when
the further reading thereof was dispensed with and the same approved.
Committee Reports
Delegate Shott, Chair of the Committee on the
Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under
consideration:
H. B.
2447, Renaming the Court of Claims the state
Claims Commission,
And reports back a committee substitute
therefor, with the same title, as follows:
Com.
Sub. for H. B. 2447 ? ?A Bill to repeal ?14-2-6 and ?14-2-18 of
the Code of West Virginia, 1931, as amended; to repeal ?14-2A-7 of said code;
to amend and reenact ?14-2-3, ?14-2-4, ?14-2-4a, ?14-2-5, ?14-2-7, ?14-2-8,
?14-2-9, ?14-2-10, ?14-2-11, ?14-2-12, ?14-2-13, ?14-2-14, ?14-2-15, ?14-2-16,
?14-2-17, ?14-2-19, ?14-2-20, ?14-2-21, ?14-2-22, ?14-2-23, ?14-2-24, ?14-2-25,
?14-2-26, ?14-2-27 and ?14-2-28 of said code; to amend said code by adding
thereto a new section, designated ?14-2-17a; and to amend and reenact ?14-2A-5,
?14-2A-6, ?14-2A-9, ?14-2A-10, ?14-2A-11, ?14-2A-12, ?14-2A-13, ?14-2A-14,
?14-2A-15, ?14-2A-16, ?14-2A-17, 14-2A-18, ?14-2A-19, ?14-2A-19a, ?14-2A-19b,
?14-2A-20, ?14-2A-21, ?14-2A-25, ?14-2A-26 and ?14-2A-28 of said code, all
relating to renaming the Court of Claims the state Claims Commission; renaming
judges commissioners; modifying definitions; providing explicit powers of
removal of commissioners; providing authority to the Joint Committee on
Government and Finance for the hiring of a clerk, chief deputy clerk, and
deputy clerks; and establishing a shortened procedure for certain road
condition claims,"
With the recommendation that the committee
substitute do pass.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
??????????? H.
B. 2465, Modifying the requirements that allow a child witness to testify
by closed-circuit television.
And
reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2465 ? ?A Bill to amend and reenact
?62-6B-2, ?62-6B-3 and ?62-6B-4 of the Code of West Virginia, 1931, as amended,
all relating to modifying the requirements that allow a child witness to
testify by live, closed-circuit television; defining terms; expanding the
allowance of closed-circuit testimony to other alleged criminal offenses;
authorizing use for persons with certain intellectual disabilities; clarifying
the use and requirements of closed-circuit television; granting the court
discretion to allow testimony via live, closed-circuit television; granting
court discretion to decide whether it be through one-way or two-way closed-circuit
television; setting forth findings to be made by the circuit court prior to
ordering testimony through live, closed-circuit television; granting the court
discretion to appoint a psychiatrist, licensed psychologist? or licensed social worker to provide an
expert opinion regarding the factors and findings to be made by the court in
deciding whether to order testimony through live, closed-circuit television;
requiring court-appointed expert witness to provide written report within
established deadline; providing for the effect of failure to comply with filing
deadline; revising the procedures required for taking testimony of child
witness by live, closed-circuit television;?
setting forth the procedures for testimony by live, closed-circuit
television; establishing a location for witness testimony and individuals
allowed in the witness room; setting requirements for display in the courtroom;
providing who may question the child witness and the procedures therefor;
providing for requirement of electronic means for defendant to confer with
counsel during the taking of the testimony; providing for instruction to jury
regarding use of live, closed-circuit television; authorizing the defendant to
waive jury instruction regarding use of live, closed-circuit television;
prohibiting counsel from making comments in the presence of the jury;
authorizing the court to establish measures for the physical safety of the
child witness and for the confidentiality of sensitive information; authorizing
the court to allow accommodations for child witness testimony in court rather
than by live, closed-circuit television; authorizing the allowance of a toy,
blanket or similar item to be in possession of child witness while testifying;
authorizing the allowance of a designated support person and seating of the
support person in the courtroom; and providing requirements for allowance of a
designated support person by motion,?
With
the recommendation that the committee substitute do pass.
Delegate Shott, Chair of the Committee on the
Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under
consideration:
H. B.
2404, Barring persons who are convicted
of certain criminal offenses from acquiring property from their victims,
And reports back a committee substitute
therefor, with the same title, as follows:
Com.
Sub. for H. B. 2404 ? ?A Bill to amend and reenact
?̀36-1-20 of the Code of West Virginia, 1931, as amended; and to amend and
reenact ?42-4-2 of said code, all relating generally to barring persons who are
convicted of certain criminal offenses from acquiring property from their
victims through joint tenancy or inheritance; and creating exceptions,"
With the recommendation that the committee
substitute do pass.
Messages from the Senate
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate, to take effect from passage, and requested the
concurrence of the House of Delegates in the passage, of
??????????? Com. Sub. for S. B. 127 - ?A Bill to amend and reenact ?64-7-1 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner
to promulgate a legislative rule relating to adoption of a valuation manual?;
which was referred to the Committee on the Judiciary.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? S. B. 174
- ?A Bill to amend and reenact ?24A-1-3 of the Code of West Virginia, 1931, as
amended, relating to exempting the transportation of household goods from the
jurisdiction of the Public Service Commission?; which was referred to the
Committee on Government Organization then the Judiciary.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 230 - ?A Bill to amend and reenact ?7-4-1 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new
section, designated ?30-29-12, all relating to authorizing West Virginia prosecuting
attorneys and assistant prosecuting attorneys to carry concealed firearms
nationwide as authorized by the federal Law-Enforcement Officers Safety Act;
providing the statutory authority necessary to give prosecuting attorneys and
assistant prosecuting attorneys the option to carry firearms pursuant to
federal law upon completion of required training and annual background check;
granting prosecuting attorneys and assistant prosecuting attorneys arrest
powers under certain circumstances; requiring West Virginia law-enforcement
agencies to offer access to training and certification for honorably retired
officers of said agencies to be permitted to carry a concealed firearm
nationwide as a qualified retired law-enforcement officer as provided in the
federal Law-Enforcement Officers Safety Act of 2004 and establishing a fee
limit thereof; and authorizing West Virginia law-enforcement agencies to offer
training to retired law-enforcement officers of other departments?; which was
referred to the Committee on the Judiciary.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 233 - ?A Bill to amend and reenact ?62-1D-2 of the Code of
West Virginia, 1931, as amended, relating generally to the Wiretapping and
Electronic Surveillance Act; excluding from protection under the act oral
communications uttered in a child care center where there are written notices
posted informing persons that their oral communications are subject to being
intercepted; and defining ?child care center??; which was referred to the
Committee on the Judiciary.
Resolutions Introduced
??????????? Delegates Eldridge, Lovejoy,
Rodighiero, R. Miller, Atkinson, Baldwin, Hornbuckle, Maynard, Rohrbach, White
and Canestraro offered the following resolution, which was read by its title
and referred to the Committee on Rules:
??????????? H. C. R. 14 ? ?
Whereas, The fiddle arrived
in Appalachia in the 18th century with immigrants from the British Isles,
bringing with them the musical traditions of their countries. These traditions
consisted primarily of English and Scottish ballads, which were essentially
unaccompanied narratives, and dance music, such as Irish reels which were
accompanied by a fiddle. The fiddle soon became a staple of life in West
Virginia, being played in churches, in logging and mining camps, at weddings
and summer picnics and in the homes and on porches of many West Virginians. It
has remained so ever since, being showcased in music festivals around the
state, from the Augusta Festival in Elkins, the Vandalia Gathering held on the
grounds at the State Capitol and the Appalachian String Band Festival at Camp
Washington Carver in Hilltop, just to name a few. West Virginia has also
produced some of the finest fiddlers in the nation, and continues to do so; and
Whereas, Fiddler Blind
Alfred Reed was born on June 15, 1880, and was one of the artists who recorded
at the Bristol Sessions in 1927, along with Jimmie Rogers and the Carter
Family, which are the first recordings of traditional country music. He was
raised in a very conservative family, and acquired a violin at a young age.
Later, he began performing at county fairs, in country schoolhouses, for
political rallies, and in churches. He even played on street corners for tips.
He used to sell out printed copies of his compositions for ten cents each.
After the Bristol Sessions, Mr. Reed recorded his most famous song, that is
still being sung today, ?How Can a Poor Man Stand Such Times and Live?. After
1929, he stopped recording, but continued to perform locally until 1937 when a
law was passed prohibiting blind street musicians. He is buried in Elgood and
was inducted into the West Virginia Music Hall of Fame in 2007; and
Whereas, Edwin ?Edden?
Hammons was born in 1874 and is considered by many to have been one of the
finest traditional West Virginia fiddlers of all time, and tales of his musical
exploits and eccentric lifestyle flourish among the inhabitants of mountainous
east central part of the state.? Mr.
Hammons was the youngest of four brothers and three sisters, and his musical
abilities were soon recognized to be superior to that of his siblings. Family
tradition holds that his ability was recognized and encouraged at an early age
and that the boy was spared his share of the burdens of frontier living as a
result. Mr. Hammons? first attempt in music was with a fiddle made from a
gourd, he soon progressed and he secured a store-bought fiddle and there was no
dispute that he could draw out exquisite harmonies from the instrument. Whether
because of immaturity or musical passion, Mr. Hammons refused to lay his fiddle
down ?like most men did? as he grew older and was faced with supporting a
family. Mr. Hammons? three-week marriage to Caroline Riddle in 1892 came to a
head when Caroline demanded that Edden either quit playing fiddle and go to
work or she would leave. Given the ultimatum, Mr. Hammons chose the fiddle.
When he was older, Mr. Hammons participated in five to ten fiddle contests each
year, and rarely came away with less than first prize. Perhaps Mr. Hammons?
most distinguished contest adversary was Lewis ?Jack? McElwain, regarded by
many others at the time to be the premier fiddler in the State of West
Virginia. Mr. McElwain?s accomplishments included a first-place finish at the
1893 World?s Fair in Chicago. At a contest in Marlington in 1909, Mr. McElwain
and Mr. Hammons tied for top honors. Later, there were disagreements about the
selection of judges, Mr. Hammons insisted that the judging be left to the
attendees. Mr. Hammons usually won; and
Whereas, Fiddler Melvin
Wine was born in Burnsville in 1909. At the age of nine he began to play his
first fiddle tunes by sneaking out his father?s prized possession, the fiddle.
Mr. Wine eventually gained the courage to inform his mother of the progress he
had made with his father?s fiddle. One evening his mother bravely shared this
with his father. At the time, Mr. Wine believed he might receive a whipping for
sneaking out the fiddle. But instead, from this point on, his father supported
the young boy?s efforts. Mr. Wine?s father learned the fiddle tunes that he
passed on to Melvin from his father, Nels, Mr. Wine?s grandfather. Mr. Wine
passed away in 2003; and
Whereas, Mr. Clark
Kessinger was born in Lincoln County on July 27, 1896.? Mr. Kessinger began playing the banjo when he
was five years old and two years later he performed at local saloons with his
father. He switched to fiddle and began performing at country dances. After
serving in the Navy, Mr. Kessinger?s reputation as a fiddler increased and he
visited many local fiddling contests. He teamed up with his nephew Luches ?Luke?
Kessinger performing at various locations. In 1927 Mr. Kessinger and Luches
Kessinger had their own radio show at the newly opened station WOBU in
Charleston. On February 11, 1928, the Kessingers recorded twelve sides for the
Brunswick-Balke-Collender recording company. In the late 1920s, the Kessingers?
records were best sellers, including ?Wednesday Night Waltz?, ?Turkey in the
Straw?, ?Hell Among Yearlings?, ?Tugboat? and ?Salt River?. Mr. Kessinger was
also greatly influenced by classical violin players such as Fritz Kreisler,
Joseph Szigeti and Jascha Heifetz. Following his last recording session on
September 20, 1930, Mr. Kessinger retired as a recording artist.? But in 1963 he was rediscovered and soon was
competing at several fiddling contests. In August 1964, Mr. Kessinger formed a
string band in Galax, Virginia, winning first prize in the string band category.? In April 1971, he won the World?s Champion
Fiddle Prize at the 47th Old-time Fiddler?s Convention in Union Grove, North
Carolina. Three more albums followed on Kanawha Records. His albums were later
reissued on Folkways and Country Roads. In 1971 Mr. Kessinger recorded 12
tracks for the newly formed Rounder Records. The record company had plans to
record many albums with Kessinger but before they could initiate what they had
planned, Mr. Kessinger had a stroke and collapsed on the scene at a fiddler?s convention
in Virginia. His left hand became numb, and he was unable to play the fiddle
for the remainder of his life. Rounder released his recordings as ?Clark
Kessinger: Old-time Music with Fiddle and Guitar?. He died in 1975 and was
inducted into the West Virginia Music Hall of Fame in 2007; and
Whereas, Ed Haley was born
in 1885 and was one of the best known fiddlers in his region of
Appalachia.? He traveled frequently and
performed in a variety of venues and played over WLW in Cincinnati. He also
made occasional studio recordings for friends, such as for Doc Holbrook in
Greenup, Kentucky. He seldom recorded commercially because he was worried that
record companies would take advantage of a blind man. Late in life, he made
recordings for the family on a Wilcox-Gay disc-cutting machine brought home
from the service by his stepson, Ralph. The recording featured Ed, Ella, Ralph
(on guitar) and daughter Mona (vocals). Ralph eventually distributed the
recordings among his five siblings. Eventually about one third to one half of
those recordings were released to Rounder Records, but it is estimated that two
thirds of Mr. Haley?s recordings are still missing. Beginning in 1990,
legendary bluegrass, folk musician and songwriter John Hartford began
researching the story of Mr. Haley?s life and music. Generally, Mr. Hartford
spent the last years of his life promoting Mr. Haley and his significance in
the world of music. He learned a number of Haley?s tunes and recorded them on
the Grammy-nominated album, ?Wild Hog in the Red Brush? and ?Speed of the Old
Long Bow: A Tribute to Ed Haley?. Mr. Hartford and Brandon Kirk, a Harts-area
historian and genealogist, collaborated on a Haley book project from 1995 until
Hartford?s death in 2001. In March 2000, the ?Smithsonian? magazine featured a
story about their research. In October 2015, Ed Haley was inducted into the
West Virginia Music Hall of Fame; and
Whereas, Tim O?Brien was
born on March 16, 1954, in Wheeling and plays guitar, fiddle, mandolin, banjo,
bouzouki and mandocello. He has released more than ten studio albums in
addition to charting a duet with Kathy Mattea entitled, ?The Battle Hymn of
Love?, a No. 9 hit on the Billboard Country charts in 1990. He eventually moved
to Boulder, Colorado in the 1970s and became part of the music scene there. In
Colorado, he met guitarist Charles Sawtelle, banjoist Pete Wernick and
bassist/vocalist Nick Forster with whom he formed Hot Rize in 1978. Over the
next twelve years, the quartet earned recognition as one of America?s most innovative
and entertaining bluegrass bands. In 2005, O?Brien won a Grammy Award for Best
Traditional Folk Album for ?Fiddler?s Green?. In 1993 and 2006, O?Brien was
honored with the International Bluegrass Music Association?s (IBMA)?s Male
Vocalist of the Year award. His band Hot Rize was the IBMA?s first Entertainer
of the Year in 1990. In November 2013 he was inducted into the West Virginia
Music Hall of Fame; and
Whereas, Glenville resident
Buddy Griffin, was born at Richwood on September 22,1948, and recalling his
Nicholas County childhood has said ?Everybody in the family played music. It
was never expected, it was never forced on us. Nobody ever handed us an
instrument and said, ?You have to play this.? It was just trying to be part of
what was going on, ?cause there was always music at the house?.? Mr. Griffin
was a part of his family?s music from an early age. ?The first instrument I
ever touched was a bass fiddle. They kept it leaned up behind the couch. I?d
stand up on the couch when I was about five, maybe six. I couldn?t note it, but
I could play the strings. So if they?d play some old fiddle tune, I?d have all
three chords to go with it. I?d stand there and just play the strings.? He soon
learned to play the guitar, mandolin, fiddle, and banjo. His parents were good
singers especially in the style of the Carter Family, and they taught their
children the older country music. The Griffin children, however, tended toward
the faster, more modern bluegrass. Erma played the guitar and bass and sang harmony.
Richard played guitar and fiddle, along with other instruments, and sang the
lead. Richard?s father, Joe Griffin, born in 1883, played the old claw hammer
style of banjo. Joe traveled to logging camps in Roane, Lincoln, and Calhoun
counties and played dances on Saturday nights with some of the local fiddlers,
mostly Enoch Camp. Parts of Mr. Griffin?s family tree can be traced to
Revolutionary War times, some of his ancestors reportedly received land grants
from General Washington. Mr. Griffin later became a staff musician at WWVA?s
Jamboree USA in Wheeling, played more than 200 times on the Grand Ole Opry,
toured the country for more than 30 years with some of the biggest names in
country and bluegrass music, appeared on more than 150 record albums, and
established the world?s first college degree program in bluegrass music at
Glenville State College. In May 2011, he received the coveted Vandalia Award,
recognizing his lifetime of devotion to entertainment and education; therefore,
be it
Resolved by the Legislature
of West Virginia:
That the Legislature of
West Virginia hereby proclaims and makes the fiddle the official musical
instrument of the State of West Virginia; and, be it
Further Resolved,
That the Legislature of West Virginia recognizes the importance and
significance of the fiddle in West Virginia?s history, traditions and culture;
and, be it
Further Resolved,
That the Clerk of the House of Delegates forward a certified copy of this
resolution to Buddy Griffin, Tim O?Brien, Clark Kessinger?s daughter, Frances
Goad, the descendants of West Virginia?s other great fiddle players, Blind
Alfred Reed, Edwin Hammons, Melvin Wine and Ed Haley, The West Virginia Music
Hall of Fame, the Friends of Old Time Music and Dance (FOOTMAD) and Stan
Bumgardner, Editor of Goldenseal, the
official State magazine of West Virginia traditional life.
??????????? On motion for leave, a Joint
Resolution was introduced, read by its title and referred as follows:
??????????? By
Delegates Marcum,
Rodighiero, Hicks, Dean and Frich:
??????????? H. J.
R. 18 ? ?Proposing
an amendment to the Constitution of the State of West Virginia, amending
section three, article VI thereof; and amending section four, article VII
thereof, all relating to limiting the terms of the office of Senators,
Delegates and Governor; numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such proposed amendment?; to
the Committee on the Judiciary.
Motions
??????????? Delegate Marcum asked
unanimous consent to be removed as a cosponsor of H. B. 2535.? The Speaker replied that the bill had not
been reported from committee and asked that the Delegate, pursuant to the Rules
of the House, complete the form provided for this purpose.
Bills Introduced
On
motions for leave, bills were introduced, read by their titles, and severally
referred as follows:
By
Delegates Kessinger, Fast, A. Evans, R. Romine, Frich, Arvon, Butler, Rowan,
Wilson, Paynter and Lane:
H.
B. 2002 - ?A Bill to
amend and reenact ?16-2F-1, ?16-2F-2, ?16-2F-3, ?16-2F-4, ?16-2F-5, ?16-2F-6,
?16-2F-7, ?16-2F-8 and ?16-2F-9 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated ?16-2F-10,
all relating to parental notification of abortions performed on unemancipated
minors; setting out legislative findings; defining terms; clarifying parental
notification requirements prior to performing an abortion on an unemancipated
minor; modifying waiver language; providing?
an exception; requiring reporting forms to be developed by the Secretary
of the Department of Health and Human Resources; setting out data elements to
be included on the reporting form; requiring distribution of the forms; setting
forth reporting requirements; providing a penalty for failure to report;
requiring a statistical report to be prepared by the Secretary of the
Department of Health and Human Resources; and allowing for rulemaking?; to the
Committee on Health and Human Resources then the Judiciary.
??????????? By
Delegates Hollen, Anderson, Sobonya, Rowan, N. Foster, Rohrbach, Butler,
Paynter, Maynard, Upson and Mr. Speaker (Mr. Armstead):
H.
B. 2003 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?60A-4-414, relating to offenses and penalties under the
Uniform Controlled Substances Act; creating a new felony offense for a drug
delivery that results in the death of another person; and providing a felony
criminal penalty?; to the Committee on Prevention and Treatment of Substance
Abuse then the Judiciary.
??????????? By
Delegates Howell, E. Nelson, Cowles, Zatezalo, Hamrick, Ward, Deem, Summers,
Sypolt, Lane and Atkinson:
H.
B. 2004 - ?A Bill to
repeal ?5A-3-49 of the Code of West Virginia, 1931, as amended; to amend and
reenact ?5A-1-2 of said code; to amend and reenact ?5A-3-52 of said code; to
amend said code by adding thereto a new article, designated ?5A-12-1, ?5A-12-2,
?5A-12-3, ?5A-12-4, ?5A-12-5, ?5A-12-6, ?5A-12-7, ?5A-12-8, ?5A-12-9, ?5A-12-10
and ?5A-12-11; to amend and reenact ?17A-3-23 of said code; to amend said code
by adding thereto three new sections, designated ?17A-3-25, ?17A-3-26 and
?17A-3-27; to amend said code by adding thereto a new section, designated
?29-12-15; and to amend and reenact ?29B-1-4 of said code, all relating to
creating and maintaining a centralized state vehicle inventory system;
establishing the Fleet Management Office within the Department of
Administration; creating the State Vehicle Title, Registration and Relicensing Project
of 2017; requiring reporting by spending units utilizing state vehicles;
providing the new article?s scope and establishing exemptions; providing for
new officers and establishing their powers, duties and responsibilities;
defining terms; continuing the Fleet Management Office Fund; requiring the
Fleet Management Office to coordinate with other agencies; providing for annual
reports of vehicle use by spending units; requiring annual reports to the
Governor and the Joint Committee on Government and Finance; establishing
operator requirements and training; providing for enforcement; providing for
notice; requiring legislative compliance audits; providing a deadline date for
the expiration of current state vehicle license plates; creating new state
vehicle license plates; providing for notice to spending units regarding the
expiration of title, registrations and license plates; requiring a standardized
naming convention for the tile, registration and licensing of all state
vehicles; requiring annual renewal of the state vehicle registrations;
providing exemptions from reporting for certain undercover vehicles; requiring
insurance cards in state vehicles; and authorizing rule making and emergency
rule making?; to the Committee on Government Organization then Finance.
??????????? By
Delegates Maynard, Cooper, C. Miller, Westfall, Upson, Storch, Rohrbach, Shott,
Paynter and Wilson:
H.
B. 2541 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?60A-4-414, relating to conspiracy to commit violations of
the Uniform Controlled Substances Act; creating the felony offense of
conspiracy; providing penalties; establishing a sentencing guideline based upon
quantity for certain controlled substances; authorizing the court to make the
determination of applicable quantity; and authorizing the aggregation of
quantities from all participants and members of the conspiracy?; to the Committee
on Prevention and Treatment of Substance Abuse then the Judiciary.
??????????? By
Delegates Statler, Espinosa, Cowles, Blair, Ambler, Shott, Kessinger, Hamilton,
Dean, Ellington and Lewis:
H.
B. 2542 - ?A Bill to
repeal ?18B-7-9 and ?18B-7-11 of the Code of West Virginia, 1931, as amended;
to repeal ?18B-9-1, ?18B-9-2, ?18B-9-3 and ?18B-9-4 of said code; to repeal
?18B-9A-3 and ?18B-9A-8 of said code; to amend and reenact ?18B-1B-5 of said
code; to amend and reenact ?18B-4-1 and ?18B-4-2a of said code; to amend and
reenact ?18B-7-1, ?18B-7-2, ?18B-7-3, ?18B-7-6 and ?18B-7-8 of said code; to
amend said code by adding thereto a new section, designated ?18B-8-7; to amend
and reenact ?18B-9A-2, ?18B-9A-5, ?18B-9A-6 and ?18B-9A-7 of said code; and to
amend said code by adding thereto a new article, designated ?18B-9B-1, all
relating to public higher education personnel generally; clarifying roles of
Higher Education Policy Commission, Council for Community and Technical College
Education and state organizations of higher education; eliminating certain
human resources review by Higher Education Policy Commission and Council for
Community and Technical College Education; eliminating specific references to
the Vice Chancellor for Human Resources; eliminating outdated and redundant
reporting requirements; eliminating requirement for Higher Education Policy Commission
to create certain positions that report to Vice Chancellor for Human Resources;
eliminating certain higher education organization employment ratios and
requirements; eliminating higher education organization classified employee
salary schedule, outdated associated requirements and definitions; eliminating
certain requirements related to exercising flexibility in human resources for
higher education organizations; eliminating outline of steps for implementation
of classification and compensation system by Higher Education Policy Commission
and Council for Community and Technical College Education; providing
legislative purposes and intent for higher education personnel; defining terms;
providing and revising rules relating to reductions in workforce and hiring
preferences; providing for continuing education and professional development;
providing for evaluation and reviews of organizations for certain human
resource deficiencies, best practices and compliance with state higher
education personnel laws; providing for content of certain reports from Higher
Education Policy Commission and Council for Community and Technical College
Education to Legislative Oversight Commission on Education Accountability;
authorizing organizations to adopt rules relating to employment policies and
practices for staff and faculty; providing for preemption of Higher Education
Policy Commission and Council for Community and Technical Education rules
conflicting with a governing board rule on faculty; defining classified and nonclassified
employees; clarifying powers and duties of the Compensation Planning and Review
Committee; providing that the Higher Education Policy Commission shall develop
a model minimum salary schedule using West Virginia Workforce and other
relevant data that organizations shall follow except in certain instances;
providing that the Higher Education Policy Commission develop classification
and compensation rules; providing state organizations of higher education with
the ability to propose and implement approved legislative rules relating to
classification and compensation with certain exceptions; and requiring any rule
proposed by a state organization of higher education incorporate best human
resources practices, address areas of accountability, employee classification
and compensation and performance evaluation?; to the Committee on Education.
??????????? By
Delegates Butler, Gearheart, Walters, Maynard, Harshbarger, Paynter and Mr.
Speaker (Mr. Armstead):
H.
B. 2543 - ?A Bill to
amend and reenact ?18-2E-5 of the Code of West Virginia, 1931, as amended, all
relating generally to process for improving education; removing reference to No
Child Left Behind Act; adding digital literacy to list of areas that State
Board of Education is required to adopt high-quality education standards in;
making findings with respect to Legislature?s Constitutional authority;
defining ?academic standards?; recognizing state board?s adoption and renaming
of certain standards; establishing Academic Standards Evaluation Panel;
establishing membership of panel; establishing duties of panel; requiring
withdrawal from Memorandum of Agreement relating to adoption of Common Core
State Standards; requiring withdrawal as governing state in Smarter Balanced
Assessment Consortium; establishing criteria for any academic standards adopted
by state board; requiring Legislative Oversight Commission on Education and
Accountability to review any proposed rules relating to academic standards;
removing requirement for state board rule establishing comprehensive statewide
student assessment program; removing requirement that assessment be aligned
with certain standards and associated alterative; removing state board
authority to require ACT EXPLORE and ACT PLAN or other comparable assessments;
requiring state board to review and approve summative assessment for certain
grade levels to assess in certain subject areas; requiring summative assessment
include students as required by certain federal laws; requiring that summative
assessment meet certain requirements; requiring state board to review and
approve college readiness assessment for students in eleventh grade; requiring
college readiness assessment to be administered at least once to each
eleventh-grade student; requiring college readiness assessment meet certain
requirements; requiring state board to review and approve career readiness
assessments and assessment based credentials; providing that career readiness
assessment is voluntary for students; requiring that assessment-based
credential be available to any student that achieves at required level on the
required assessments; requiring career readiness assessments meet certain
requirements; prohibiting implementation of any assessment or test items
developed specifically to align with Common Core State Standards; requiring
online assessment preparation for any online assessment; requiring state board
to develop plan and make recommendations regarding end-of-course assessments
and student accountability measures; establishing reporting requirements;
establishing maximum percentage of instructional time for summative assessment;
and removing required report to Legislative Oversight Commission on Education
Accountability pertaining to on-site review finding appeals?; to the Committee
on Education.
??????????? By
Delegates G. Foster, Howell, Wilson, Fast, Frich, Hanshaw, Shott, Cowles,
Hamrick and C. Miller:
H.
B. 2544 - ?A Bill to
amend and reenact ?21A-6-3 of the Code of West Virginia, 1931, as amended,
relating to establishing that an employee?s termination from employment for
testing positive on a drug or alcohol test required by the employer
disqualifies that employee for benefits?; to the Committee on the Judiciary.
??????????? By
Delegates Storch, Gearheart, Householder, Ellington, Shott, Ward, Miller,
Howell, Espinosa, Zatezalo and O?Neal:
H.
B. 2545 - ?A Bill to
amend and reenact ?11-24-23a of the Code of West Virginia, 1931, as amended,
relating to increasing the allowable corporation net income tax credit for
qualified rehabilitated buildings investments; providing that the taxpayer may
not combine this credit with the one for consumers sales and service tax, but
may elect the greater credit; and requiring that the taxpayer not be in arrears
in any state taxes or have a lien on certified historic structures?; to the
Committee on Finance.
??????????? By
Delegates G. Foster, Higginbotham, Howell, Wilson, Fast, Zatezalo, Kelly,
Hamrick, Harshbarger, Maynard and Walters:
H.
B. 2546 - ?A Bill to
amend and reenact ?21-5-4 of the Code of West Virginia, 1931, as amended,
relating to allowing uniform costs to be deducted from an employee?s final
paycheck if the uniform is not returned?; to the Committee on Industry and
Labor then the Judiciary.
??????????? By
Delegates Rodighiero, Lynch and Eldridge:
H.
B. 2547 - ?A Bill to amend
and reenact ?48-9-103 of the Code of West Virginia, 1931, as amended; and to
amend and reenact ?48-10-403 and ?48-10-502 of said code, all relating to
grandparent?s rights; permitting grandparent or psychological parent to
institute action for custodial or decision-making responsibility of a child;
allowing guardian ad litem to recommend psychological evaluation; increasing
importance of the factor considering grandparent?s significant caretaking of
child; and minimizing parent?s bias toward a grandparent as a factor in
visitation?; to the Committee on the Judiciary.
??????????? By
Delegates Pushkin, Howell, Rowe, Lane, White, Hamrick, Storch, Byrd and
Robinson:
H.
B. 2548 - ?A Bill to
amend and reenact ?11-16-18 of the Code of West Virginia, 1931, as amended, relating
to the use of outside speakers by persons licensed to manufacture, sale,
possess for sale, transport or distribute nonintoxicating beer?; to the
Committee on Small Business, Entrepreneurship and Economic Development then the
Judiciary.
??????????? By
Delegates Rohrbach, Lovejoy, Marcum, Sobonya and C. Miller:
H.
B. 2549 - ?A Bill to
amend and reenact ?8-22-10 of the Code of West Virginia, 1931, as amended,
relating to increases in the contributions by cities to pension and relief
funds; requiring notice be given to cities of an increase to pension and relief
funds; and providing that the increase does not take effect until July 1 of the
affected year?; to the Committee on Pensions and Retirement then Finance.
??????????? By
Delegates Rohrbach and Lovejoy:
H.
B. 2550 - ?A Bill to
amend and reenact ?29-3E-10 of the Code of West Virginia, 1931, as amended,
relating to fireworks safety; and authorizing a municipality to prohibit the
sale of fireworks within its boundaries?; to the Committee on Political
Subdivisions then the Judiciary.
??????????? By
Delegates Rodighiero, R. Miller, Thompson, Eldridge, Lovejoy, Hicks, Baldwin
and Lynch:
H.
B. 2551 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?18-28A-1 and ?18-28A-2, all relating to requiring the West
Virginia Department of Education to create a Bible literacy course in public
schools?; to the Committee on Education then the Judiciary.
??????????? By
Delegates Rohrbach, Lovejoy, Eldridge, Wagner, Hartman, Atkinson, Ambler,
Marcum, Rowan, Lynch and Fleischauer:
H.
B. 2552 - ?A Bill to
amend and reenact ?19-14-4 and ?19-14-5 of the Code of West Virginia,1931, as
amended, all relating to increasing the pet food registration fee and directing
that the additional money be deposited into the West Virginia Spay Neuter
Assistance Fund?; to the Committee on Agriculture and Natural Resources then
Finance.
??????????? By
Delegates Summers and A. Evans:
H.
B. 2553 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?11-15-9o, relating to an exemption from the consumers
sales and service tax and use tax for sales of services and tangible personal
property related to the activities of raising and training livestock, including
horses; setting forth legislative intent; providing a method to resolve
conflicts in law; providing an effective date; providing definitions; and
describing those sales of services and tangible personal property that are
exempt and providing method of claiming exemption?; to the Committee on
Agriculture and Natural Resources then Finance.
??????????? By
Delegates G. Foster, Higginbotham, Frich, Cowles, Hamrick, Howell, Wilson,
Harshbarger, Maynard and C. Miller:
H.
B. 2554 - ?A Bill to
repeal ?21-11-1, ?21-11-2, ?21-11-3, ?21-11-4, ?21-11-5, ?21-11-6, ?21-11-7,
?21-11-8, ?21-11-9, ?21-11-10, ?21-11-10a, ?21-11-11, ?21-11-12, ?21-11-13,
?21-11-14, ?21-11-15, ?21-11-16, ?21-11-17, ?21-11-18 and ?21-11-20 of the Code
of West Virginia, 1931, as amended; and to amend said code by adding thereto a
new article, designated ?30-41-1, ?30-41-2, ?30-41-3, ?30-41-4, ?30-41-5,
?30-41-6, ?30-41-7, ?30-41-8, ?30-41-9, ?30-41-10, ?30-41-11, ?30-41-12,
?30-41-13, ?30-41-14, ?30-41-15, ?30-41-16, ?30-41-17, ?30-41-18, ?30-41-19 and
?30-41-20, all relating to the West Virginia Contractor Act; providing a short
title and declaration of policy with definitions; continuing the West Virginia
Contractor Licensing Board, composition, terms, qualifications and appointment;
administrative duties of board and legislative rules; necessity for contractor
license and exemptions;? procedure for
licensing; providing for expiration date, fees and renewal of license;
providing for revocation for unlawful use, assignment or transfer of license;
prerequisites to obtaining building permit and mandatory written contracts;
requiring informational list for basic universal design features; providing
injunction and criminal penalties for violation of article; specific
administrative duties of board and record keeping by the board; authorizing to
grant reciprocity and to provide training to students who desire to obtain a
West Virginia contractor license; and misdemeanor criminal penalties for
violations of article?; to the Committee on Government Organization.
??????????? By
Delegates G. Foster, Fast, Higginbotham, Howell, Frich, Zatezalo, Kelly,
Summers, Cowles, Hamrick and Wilson:
H.
B. 2555 - ?A Bill to amend
and reenact ?11-13W-1 of the Code of West Virginia, 1931, as amended, relating
to tax credits for apprenticeship training in construction trades; and removing
requirement that eligibility is limited to programs jointly administered by
labor and management trustees?; to the Committee on Industry and Labor then
Finance.
??????????? By
Delegates Hamrick, Storch, Phillips, Folk, Paynter, Overington, Statler, Walters,
Westfall, Gearheart and Wilson:
H.
B. 2556 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?4-2-6a, relating to requiring the Joint Committee on
Government and Finance to prepare a ?Coercive Federal Funds Report? on each
budget bill; to empower the Attorney General to bring suit in federal courts to
enjoin the application of federal laws containing coercive federal funds; and
to affirm that the policy of the State of West Virginia is that coercive
federal funds are unconstitutional and violate the principles of federalism?;
to the Committee on the Judiciary then Finance.
??????????? By
Delegates Kelly, Criss, Cooper, Rowan, R. Romine, Harshbarger, Hollen, Deem,
Higginbotham, Anderson and Zatezalo:
H.
B. 2557 - ?A Bill to
amend and reenact ?18B-2B-6 of the Code of West Virginia, 1931, as amended,
relating to tuition and fees at community and technical colleges; setting forth
guidelines therefor?; to the Committee on Education then Finance.
??????????? By
Delegates Marcum, Eldridge, R. Miller, Rodighiero, Hicks and Dean:
H.
B. 2558 - ?A Bill to
amend and reenact ?49-4-720 and ?49-4-722 of the Code of West Virginia, 1931,
as amended, all relating to requiring the Division of Juvenile Services to
transfer to a correctional facility or regional jail any juvenile in its
custody that has been transferred to adult jurisdiction of the circuit court
and who reaches his or her eighteenth birthday; requiring transfer of juvenile
in adult jurisdiction upon reaching eighteen years of age if he or she has
either been convicted or is in a pretrial status; directing the Division of
Juvenile Services to notify the circuit court of the age of a juvenile reaching
the age of eighteen years of age; authorizing the circuit court to conduct a
hearing as to alternative placement; mandating that the position of victim be
taken under consideration by the court in considering disposition or
alternative placement; prohibiting juveniles that commit an adult offense while
under the custody of the Division of Juvenile Services from returning back to
the placement in a juvenile facility if the juvenile has attained the age of
eighteen years; and requiring the court to conduct a hearing as to placement of
a juvenile that has turned eighteen years of age and is remanded back to the
custody of the Division of Juvenile Services after completion of an adult
sentence?; to the Committee on the Judiciary.
??????????? By
Delegates Eldridge, Blair, N. Foster, Maynard, McGeehan, Phillips, Marcum,
Butler, Howell, Martin and Hill:
H.
B. 2559 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?18B-4-5b, relating to permitting an individual with a
current West Virginia license to carry a concealed deadly weapon to carry such
weapon on the campus of a state institution of higher education?; to the
Committee on Education then the Judiciary.
??????????? By
Delegates Marcum, Phillips, Hicks, Rodighiero, Eldridge, Dean and Frich:
H.
B. 2560 - ?A Bill to
amend the Code of West Virginia,1931, as amended, by adding thereto a new
section, designated ?18A-4-14a, relating to providing a free lunch to all
employees in a school building?; to the Committee on Education then Finance.
??????????? By
Delegates Espinosa, Upson, Blair, Westfall, R. Romine, Rowan, Cooper, Statler,
Kelly, Dean and Rohrbach:
H.
B. 2561 - ?A Bill to
amend and reenact ?18-9A-2, ?18-9A-4, ?18-9A-5, ?18-9A-6a, ?18-9A-7, ?18-9A-9
and ?18-9A-10 of the Code of West Virginia, 1931, as amended, all relating to
public school support; including Treasurer/Chief School Business Official and
Child Nutrition Director as professional educator for funding purposes only;
deleting required periodic legislative review of adjustments in net enrollment;
determining allowance for fundable professional educators at set ratio, rather
than the number employed subject to a limit; providing for determination of
allowance for fundable positions in excess of number employed; deleting expired
provisions; basing minimum professional instructional personnel required on
percent of employed fundable professional educators; providing for prorating
professional instructional personnel among participating counties in joint
school or program or service; removing penalty for not meeting applicable
instructional personnel ratio for 2017-18 school year; deleting expired
provisions; deleting required periodic legislative review of density category
ratios; determining allowance for fundable service personnel at set ratio,
rather than number employed subject to a limit; providing for determination of
allowance for fundable positions in excess of number employed; providing for
proration of number and allowance of personnel employed in part by state and
county funds; adding professional student support personnel allowance to
calculation of teachers retirement fund allowance; basing teachers retirement
fund allowance on average retirement contribution rate of each county and
defining average rate; allowing? limited
portion of funds for bus purchases to be used for facility and equipment repair
maintenance and improvement or replacement or other current expense priorities
if requested and approved by state superintendent following verification;
changing calculation of allowance for current expense from percent allowances
for professional and service personnel to county?s state average costs per
square footage per student for operations and maintenance;? removing authorization for use of
instructional improvement funds for implementation and maintenance of regional
computer information system; removing requirement for fully utilizing
applicable provisions of allowances for professional and service personnel
before using instructional improvement funds for employment; removing
restriction limiting use of new instructional improvement funds for employment
except for technology system specialists until certain determination made by
state superintendent; authorizing use of instructional technology improvement
funds for employment of technology system specialists and requiring amount used
to be included and justified in strategic technology plan; specifying when
certain debt service payments are to be made into school building capital
improvement fund; authorizing use of percentages of allocations for improving
instructional programs;? for improving
instructional technology for facility and equipment repair and maintenance or
replacement and other current expense priorities and for emergency purposes;
and requiring amounts used to be included and justified in respective strategic
plans?; to the Committee on Education then Finance.
??????????? By
Delegates G. Foster, Phillips, Kessinger, Blair, Higginbotham, Frich, Zatezalo,
Kelly, Summers, White and Marcum:
H.
B. 2562 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?21-3-23, relating to make unlawful any employer policy or
rule prohibiting an employee from possessing a firearm inside a vehicle;
providing criminal penalties; providing civil liability; providing injunctive
relief; and providing exceptions?; to the Committee on the Judiciary.
??????????? By
Delegates Walters, Howell, Ambler and Hamrick:
H.
B. 2563 - ?A Bill to
amend and reenact ?11-16-6b of the Code of West Virginia, 1931, as amended; and
to amend and reenact ?11-16-11a of said code, all relating to permitting
licensed brewpubs, Class A retail dealers, Class B retail dealers, private
clubs, Class A retail licensees and Class B retail licensees to serve
complimentary samples of nonintoxicating beer or nonintoxicating craft beer
manufactured in the State of West Virginia; and removing restrictions on Class
A retail licensees? ability to serve complimentary nonintoxicating beer samples
to customers?; to the Committee on Small Business, Entrepreneurship and
Economic Development then the Judiciary.
??????????? By
Delegates Marcum, Phillips, Rodighiero, R. Miller, Eldridge and White:
H.
B. 2564 - ?A Bill to
amend and reenact ?17A-3-14 of the Code of West Virginia, 1931, as amended,
relating to authorizing a special registration plate for elk?; to the Committee
on Roads and Transportation then Finance.
??????????? By
Delegates Marcum, Phillips, R. Miller, Sobonya, Summers, Dean, Storch,
Eldridge, Frich, Westfall and Isner:
H.
B. 2565 - ?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
Delegates Thompson, E. Evans and Baldwin:
H.
B. 2566 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?1-7-1, relating to requiring all state-funded institutions
to purchase a minimum of twenty percent of fresh produce from in-state
producers?; to the Committee on Agriculture and Natural Resources then Finance.
??????????? By
Delegate Thompson:
H.
B. 2567 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?17-4-5a, relating to requiring that state and public roads
that have not been maintained for a period of three consecutive years shall be
returned to their original tract of land?; to the Committee on Roads and
Transportation then the Judiciary.
??????????? By
Delegates Eldridge, Rodighiero, Maynard, R. Miller, Marcum, White, Hicks,
Storch, Hamilton, Dean and Westfall:
H.
B. 2568 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?2-2-14, relating to making the Holy Bible the official
state book of West Virginia?; to the Committee on the Judiciary.
??????????? By
Delegates Marcum, Rodighiero, Eldridge and R. Miller:
H.
B. 2569 - ?A Bill to
amend and reenact ?18A-4-7a of the Code of West Virginia, 1931, as amended,
relating to employment, promotion and transfer of professional personnel by
county boards of education and requiring all decisions on reductions in force
to be based on qualifications as determined by the county board?; to the
Committee on Education.
??????????? By
Delegates Marcum, Rodighiero, Eldridge, Lovejoy, Westfall, White, Phillips,
Lane and Frich:
H.
B. 2570 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?11-13DD-1, relating to creating tax credits for new and/or
existing small businesses in this state and operating entirely within West
Virginia?; to the Committee on Small Business, Entrepreneurship and Economic
Development then Finance.
??????????? By
Delegates Rowan, Espinosa, R. Romine, Cooper, Hamilton, Mr. Speaker (Mr. Armstead),
Wagner, Moye, Rohrbach, Kelly and Rodighiero:
H.
B. 2571 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?18-20-11, relating to selection of language developmental
milestones for purposes of developing a resource for use by parents to monitor
and track deaf and hard-of-hearing children?s expressive and receptive language
acquisition and developmental stages toward English literacy?; to the Committee
on Education.
??????????? By
Delegates Espinosa, Upson, Cowles, Blair, Overington, Paynter, Fast, E. Nelson,
Walters, Ellington and Higginbotham:
H.
B. 2572 - ?A Bill to
amend and reenact ?5-16-2 and ?5-16-22 of the Code of West Virginia, 1931, as
amended; to amend and reenact ?18-7A-3 of said code; to amend and reenact
?18-7B-2 of said code; to amend and reenact ?18-9A-2 of said code; to amend
said code by adding thereto a new section, designated ?18-9A-12a; to amend and
reenact ?18-20-5 of said code; to amend said code by adding thereto a new
article, designated ?18-33-1, ?18-33-2, ?18-33-3, ?18-33-4, ?18-33-5, ?18-33-6,
?18-33-7, ?18-33-8, ?18-33-9, ?18-33-10, ?18-33-11, ?18-33-12? and ?18-33-13; and to amend and reenact
?29-12-5a of said code, all relating to providing for the authorization and
oversight of public charter schools; providing for charter school employee
participation in public employee insurance and applicable Teachers Retirement
Systems; including charter school students in net enrollment of county;
providing calculation of charter school basic foundation program and
corresponding reduction in county?s basic foundation program; defining
exceptional child with high cost/high acuity special needs and providing for
establishment of method for disbursing state appropriated funds; providing for
charter school application for funds; removing certain reports; creating
charter school act to establish process for creation, providing for governance
and oversight accountability of public charter schools; stating purposes;
establishing charter schools as public schools and part of public education
system; providing for liberal interpretation; prohibiting conversion of private
schools into charter schools under act; prohibiting establishment of charter
virtual schools under act; providing general definitions; limiting county board
management and control of charter school; prohibiting state board as
authorizing authority; defining terms; providing for authorizations,
eligibilities, compliances and prohibitions; providing for general supervision
by state board for meeting student performance standards required of other
public school students; providing powers of public charter schools;
establishing processes for determining capacity and enrolling students;
prohibiting discrimination in enrollment decisions; providing for credit
transfers; authorizing charter student participation in state and school
district sponsored interscholastic leagues, competitions, awards, scholarships
and recognition programs and specifying parameters; requiring access to and
requiring utilization of electronic education information system for reporting
certain information and subject to student data accessibility, transparency and
accountability; providing for certification of charter school enrollment,
attendance and program participation to county board and department; providing
for distribution of charter school basic foundation program funds and allowing
authorizer charge for oversight costs; providing for payment of special
education and federal funds to charter schools; requiring charter school
submission of budget and sources of funds to state board and requiring public
availability; creating public charter school oversight and authorizer board and
specifying mission, agency status and degree of oversight and supervision by
state board; providing for appointment of members, qualifications, terms,
removal, civil liability and limited scope of acts of ex officio members;
requiring appointment of executive director and duties and qualifications;
setting forth meetings, expenses, powers and duties of board; requiring annual
report to state board and availability to public and Legislature; granting
authority to require annual reports from charter schools; establishing
limitations on regulation by state board, oversight and authorizer board and
county board authorizers; requiring annual request for proposals; providing
contents of requests for proposals; providing for application for authorization
of public charter school; requiring notice of intent to establish by
organizers; requiring timelines for notice and submission of application;
providing option for county board to proceed as authorizer or forward
application to oversight and authorizer board; establishing process for
application review and evaluation; granting period for applicant response to
authorizer decision prior to final determination; requiring report of final
action; setting forth registration of approved charters by state
superintendent; stating effect of approved application; providing authorizer
powers and duties respecting charter contracts; providing timelines for
execution of charter contract and authorization to appeal to executive director
to finalize terms; providing minimum provisions of contract, including
performance provisions; prohibiting delegation and assignment of powers;
setting forth obligations and responsibilities set forth in charter contract;
requiring performance report prior to contract renewal and period to rectify
weaknesses; requiring offer of contract application renewal guidance; requiring
timelines for submission of renewal application; provisions for authorizer
decisions on renewals; permitting authorizer report of renewal decisions;
prohibition on contract renewal of school given failing level of accreditation
during final operating year; authorizing contract revocation at any time or
nonrenewal for certain violations and failures; requiring report of revocation
and nonrenewal with statement of reasons; providing for options of county board
for disposition of school when contract revoked or not renewed; duties of
authorizer when contract revoked or not renewed; establishing supremacy of
article when inconsistent with any other laws rules or regulations; granting
authorization for one or more schools under single contract; granting
authorization of one or more contracts for single governing board; providing
that local education agency status when charter school authorized county board
and local education agency status when charter school authorized oversight and
authorizer board; providing for county board accreditation accountability for
charter school authorized by county board; prohibition on county board
requiring employee to be employed in charter school; prohibition on any
retaliatory action against district employee involved in application to establish
charter school; prohibiting discrimination against charter school in district
advertising of educational options;?
providing for accrual of seniority with the county board of personnel
employed in charter school; and authorizing charter school liability coverage
through Board of Risk and Insurance Management?;????????????? ?to the Committee on Education.
??????????? By
Delegates G. Foster, Higginbotham, Fast, Zatezalo, Kelly, Hanshaw, Hamrick,
Wilson and Harshbarger:
H.
B. 2573 - ?A Bill to
amend and reenact ?7-18-14 of the Code of West Virginia, 1931, as amended,
relating to ensuring that local Convention and Visitor Center Bureaus have a
board that is elected by a governing body?; to the Committee on Political
Subdivisions then Government Organization.
??????????? By
Delegates Robinson, Thompson, Lovejoy, Cooper, Rowan, Hartman, Statler, Blair,
Rohrbach, Canestraro and Espinosa:
H.
B. 2574 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?18-21A-1, ?18-21A-2, ?18-21A-3, ?18-21A-4, ?18-21A-5,
?18-21A-6 and ?18-21A-7, all relating to creating a special pilot program to
introduce middle school students to Career and Technical Education
opportunities in the State of West Virginia and to better prepare students for
postsecondary education and participation in the workforce?; to the Committee
on Education then Finance.
??????????? By
Delegates Cowles, Moore, Westfall, N. Foster and Marcum:
H.
B. 2575 - ?A Bill to
amend and reenact ?21A-6-3 of the Code of West Virginia, 1931, as amended,
relating to disqualification for unemployment benefits; providing that an
individual is disqualified for benefits for any week or portion of a week in
which he or she left or lost his or her job as a result of a strike; clarifying
that a lockout is not a strike; providing that workers replaced with new
prepayment employees are not eligible for unemployment benefits; establishing
the circumstances when a worker is determined to leave or lose employment by
reason of a lockout; providing the circumstances when a worker is determined to
be permanently replaced by another employee; and providing that contractor
employees who perform the work of a striking worker are not to be determined to
have permanently replaced a striking worker?; to the Committee on the
Judiciary.
??????????? By
Delegates Hamrick, Howell, Ward, Walters, Wilson, Barrett and G. Foster:
H.
B. 2576 - ?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
Delegates Hamrick, Storch, Zatezalo, McGeehan and Dean:
H.
B. 2577 - ?A Bill to
amend and reenact ?29-3E-10 of the Code of West Virginia, 1931, relating to
fireworks safety; and prohibiting counties from regulating the sale and use of
consumer fireworks within their boundaries?; to the Committee on Political
Subdivisions then the Judiciary.
??????????? By
Delegates Hamrick, Storch, Folk, Paynter, Zatezalo, Overington, Statler,
Westfall, Wilson, McGeehan and G. Foster:
H.
B. 2578 - ?A Bill to
amend and reenact ?46A-6-107 of the Code of West Virginia, 1931, as amended,
relating to disclaimers of warranties with respect to goods which are the
subject of or are intended to become the subject of a consumer transaction;
prohibition against exclusion, modification or limitation of any warranty or
remedy; waiver of warranty on used motor vehicle as to particular defect or
malfunction which dealer has disclosed; conditions permitting as-is sale of
used motor vehicle; conspicuous disclosure of as-is sale; as-is sale does not
waive express warranties made by dealer; and dealer to conform to federal
regulations?; to the Committee on Roads and Transportation then the Judiciary.
House Calendar
Third Reading
??????????? Com.
Sub. for H. B. 2303, Increasing criminal penalties for
littering; 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. 3), and there were--yeas 95, nays 3, absent and not voting 2, with the
nays and absent and not voting being as follows:
??????????? Nays: Bates, McGeehan and Wilson.
??????????? Absent and Not Voting: Ellington and
Zatezalo.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2303) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com.
Sub. for H. B. 2319, Relating to candidates or
candidate committees for legislative office disclosing contributions; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the
bill, the yeas and nays were taken (Roll
No. 4), and there were--yeas 98, nays none, absent and not voting 2, with
the absent and not voting being as follows:
??????????? Absent and Not Voting: Ellington and
Zatezalo.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2319) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
First Reading
??????????? The
following bills, on first reading, coming up in regular order, were each read a
first time and ordered to second reading:
??????????? Com.
Sub. for H. B. 2167, Creating a Silver Alert program
for senior citizens,
??????????? H.
B. 2300, Regulating step therapy protocols,
??????????? Com.
Sub. for H. B. 2301, Relating to direct primary care,
??????????? Com.
Sub. for H. B. 2318, Relating generally to human
trafficking,
??????????? Com.
Sub. for H. B. 2347, Allowing schools licensed to
provide barber, cosmetology and related training to hold theory classes and
clinical classes at different locations,
??????????? H.
B. 2348, Eliminating any requirement that class hours of students
be consecutive,
??????????? And,
??????????? H.
B. 2431, Allowing influenza immunizations to be offered to patients
and residents of specified facilities.
Leaves of Absence
At
the request of Delegate Cowles, and by unanimous consent, leaves of absence for
the day were granted Delegates Ellington and Zatezalo.
Remarks by Members
??????????? Delegate Hollen asked and obtained
unanimous consent that the remarks of Delegate Deem regarding optometrists be
printed in the Appendix to the Journal.
Miscellaneous Business
Delegates
Hanshaw and Shott filed forms with the Clerk?s Office per House Rule 94b to be
added as a cosponsor of H. B. 2028.
Delegate
Pyles filed a form with the Clerk?s Office per House Rule 94b to be added as a
cosponsor of H. B. 2187.
Delegate
Sobonya filed a form with the Clerk?s Office per House Rule 94b to be added as
a cosponsor of H. B. 2383.
Delegate
O?Neal filed a form with the Clerk?s Office per House Rule 94b to be added as a
cosponsor of H. B. 2447.
Delegate
Baldwin filed a form with the Clerk?s Office per House Rule 94b to be added as
a cosponsor of H. B. 2457.
Delegate
Sobonya filed a form with the Clerk?s Office per House Rule 94b to be added as
a cosponsor of H. B. 2465.
Delegates
Hicks, Marcum and Rodighiero filed forms with the Clerk?s Office per House Rule
94b to be added as a cosponsor of H. B. 2535.
Delegate
Sobonya filed a form with the Clerk?s Office per House Rule 94b to be added as
a cosponsor of H. B. 2541.
Delegate
Sobonya filed a form with the Clerk?s Office per House Rule 94b to be added as
a cosponsor of H. B. 2543.
Delegate
Frich filed a form with the Clerk?s Office per House Rule 94b to be added as a
cosponsor of H. B. 2547.
At
12:30 p.m., the House of Delegates adjourned until