__________*__________
Tuesday, February 28, 2017
TWENTY-FIRST 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 Monday, February 27, 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. 2364, Prohibiting
electioneering within or near early voting locations during early voting
periods,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2364 ? ?A
Bill to amend and reenact ?3-1-37 of the Code of West Virginia, 1931, as
amended; and to amend and reenact ?3-9-9 of said code, relating to restrictions
on presence and conduct at or within 100 feet of polls, defining
electioneering, prohibiting electioneering in or within 100 feet of a polling
place, prohibiting electioneering in or within 100 feet of early voting polling
places during early voting periods, providing exceptions to electioneering
prohibitions for persons upon private property, and making stylistic changes to
outdated language,?
??????????? And,
??????????? H.
B. 2619, Risk Management and Own
Risk and Solvency Assessment
Act,
And reports back a committee substitute
therefor, with a new title, as follows:
Com.
Sub. for H. B. 2619 ? ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated
?33-40B-1, ?33-40B-2, ?33-40B-3, ?33-40B-4, ?33-40B-5, ?33-40B-6, ?33-40B-7,
?33-40B-8, ?33-40B-9 and ?33-40B-10, all relating to insurer risk management
and solvency assessment; setting forth the purpose and scope of the article;
defining terms; setting forth the requirement that insurers must maintain a
risk management framework to assist the insurer with identifying, assessing,
monitoring, managing and reporting on its material and relevant risks; setting
forth and providing requirements for the own risk and assessment summary
report; providing exemptions to the summary report requirements; providing
confidentiality requirements related to the summary report; providing sanctions
for failing to submit the summary report; and providing the effective date of
this article,?
With the recommendation that the
committee substitutes each do pass.
Delegate
Espinosa, Chair of the Committee on Education, submitted the following report,
which was received:
Your
Committee on Education has had under consideration:
H. B.
2651, Relating generally to standardized
testing requirements for nonpublic schools,
And
reports back a committee substitute therefor, with the new title, as follows:
Com.
Sub. for H. B. 2651 B "A Bill to amend and reenact ?18-28-3 of the
Code of West Virginia, 1931, as amended, relating generally to standardized
testing requirements for nonpublic schools; removing outdated language;
requiring standardized test to be administered to nonpublic students at same
grade levels and subject areas required in public schools; requiring the test
administered to be a nationally normed standardized achievement test published
or normed within ten years from the date of administration; allowing additional
testing at sole discretion of school; limiting accountability for composite
scores to grade levels and subject areas required in public schools; removing
requirement that every child be tested; and requiring minimum student
participation rate on test for composite score to be valid,"
With
the recommendation that the committee substitute do pass.
Delegate
Espinosa, Chair of the Committee on Education, submitted the following report,
which was received:
Your
Committee on Education has had under consideration:
H. B.
2373, Authorizing school bus drivers
trained in administration of epinephrine auto-injectors to administer
auto-injectors,
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. 2373) was referred to the Committee
on the Judiciary.
Delegate Howell, Chair of the Committee
on Government Organization, submitted the following report, which was received:
Your Committee on Government
Organization has had under consideration:
??????????? H.
B. 2502, Relating to reciprocity of occupational licenses with other
states,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2502 - ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?30-1-21, relating to
reciprocity of professional and occupational licenses with other states or
jurisdictions; proscribing requirements of applicants; and providing for
background checks and interviews of applicants,?
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. 2343, Requiring the State Police to
lease rather than buy vehicles if cost effective,
And,
H. B. 2475, Authorizing the Tax Commissioner
to collect tax, interest and penalties due and owing from payments to vendors
and contractors from the Auditor and other state, county, district or municipal
officers and agents,
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
Finance.
??????????? In accordance with the former
direction of the Speaker, the bills (H. B. 2343 and H. B. 2475) were each
referred to the Committee on Finance.
Delegate
Howell, Chair of the Committee on Government Organization, submitted the
following report, which was received:
Your
Committee on Government Organization has had under consideration:
H. B. 2630, Authorizing the West
Virginia Board of Medicine and the West Virginia Board of Osteopathic Medicine
to share staff,
And
reports the same back with the recommendation that it do pass.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
H. B. 2684, Imposing penalties for repeat violations of the prohibition
against driving under the influence on a suspended license,
And
reports the same back with the recommendation that it do pass.
Messages from the Senate
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 80 - ?A Bill to amend and reenact ?61-3-11 of the Code of
West Virginia, 1931, as amended, relating to burglary; eliminating the offense
of daytime burglary; making breaking and entering or entering without breaking
into a dwelling or outbuilding thereof a felony regardless of time of day; and
establishing the penalty for burglary?; 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. 164
- ?A Bill to amend and reenact ?17C-17-5 of the Code of West Virginia, 1931, as
amended, relating to traffic regulations and special load limits; changing the
load limitation of a digger or derrick line truck from forty feet to forty-five
feet in length; increasing from six to nine feet the distance a load may extend
beyond the foremost part of the truck; and increasing from nine to eleven feet
the distance a load may extend beyond the rear of the body of the truck?; which
was referred to the Committee on Roads and Transportation 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. 204 - ?A Bill to amend and reenact ?5-1-22 of the Code of West
Virginia, 1931, as amended, relating to filling vacancies in offices by
appointment of the Governor; providing for what shall be considered an
appointment; and requiring that persons appointed to fill a vacancy have the
same qualifications for the vacated office and receive same compensation and
expenses for the office otherwise provided by law?; 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, to take effect July 1, 2017, and requested the
concurrence of the House of Delegates in the passage, of
??????????? S. B. 231
- ?A Bill to amend and reenact ?18-2-5b of the Code of West Virginia, 1931, as
amended, relating to the State Board of Education and Medicaid-eligible children;
and providing that the state board may delegate its provider status and
subsequent reimbursement to regional education service agencies or county
boards subject to the county board determining that there is a net benefit and
no detraction from the educational program of the county.?
??????????? At the respective requests of
Delegate Cowles, and by unanimous consent, reference of the bill (S. B. 231) to
a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading
??????????? 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
??????????? S. B. 330
- ?A Bill to amend and reenact ?21-5G-1 and ?21-5G-7 of the Code of West
Virginia, 1931, as amended, all relating to the West Virginia Workplace Freedom
Act; eliminating the term ?state? from the definitions section of the act;
eliminating provisions addressing the construction of the West Virginia
Workplace Freedom Act; eliminating language regarding the applicability of the
West Virginia Workplace Freedom Act to collective bargaining or collective
bargaining agreements in the building and construction industry; clarifying
dates of applicability; and specifying that changes are to be applied
retroactively?; 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. 349
- ?A Bill to repeal ?25-1-10 of the Code of West Virginia, 1931, as amended,
relating to the Commissioner of the Division of Corrections being responsible
to insure all state buildings and property?; which was referred to the
Committee on Government Organization.
Bills Introduced
??????????? On motions for leave, bills were
introduced, read by their titles, and severally referred as follows:
??????????? By
Delegates Shott, R. Miller, Kessinger, Lane, Byrd and Isner:
H.
B. 2726 - ?A Bill to
amend and reenact ?62-11B-9 of the Code of West Virginia, 1931, as amended,
relating generally to authorizing home incarceration officers to arrest
participants for violating the terms and conditions of his or her supervision
with or without a court order?; to the Committee on the Judiciary.
??????????? By
Delegates Pushkin, Higginbotham, Hornbuckle, Shott, Miley, Hanshaw, Rowe, Lane,
Fleischauer, Byrd and Robinson:
H.
B. 2727 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?25-1-9, relating to facilitating a released inmate?s
reintegration into society, by requiring the Commissioner of the Division of
Motor Vehicles and Commissioner of Corrections, to provide an identification
card for released inmates who do not have a West Virginia identification card
or driver?s license?; to the Committee on the Judiciary then Finance.
??????????? By
Delegate Love:
H.
B. 2728 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?9-4F-1, ?9-4F-2 and ?9-4F-3, all relating to creating the
Medicaid Laboratory Reimbursement Data Consolidation and Redundancy Act within
the Department of Health and Human Resources; and providing that a reporting
system is to be created allowing pharmacies to determine what prescriptions
have been filled for a Medicaid recipient at different pharmacies; providing
that the system also track laboratory work; and requiring legislative rules?;
to the Committee on Health and Human Resources then Finance.
??????????? By
Delegates Frich, Storch, Butler, Householder, Longstreth, Hamilton, A. Evans,
Ellington, Blair, Anderson and Westfall:
H.
B. 2729 - ?A Bill to
amend and reenact ?24-6-6b of the Code of West Virginia, 1931, as amended,
relating to giving the West Virginia State Police an additional 15? from the wireless enhanced 911 fee to be used for the
operation of its forensic laboratory?; to the Committee on Finance.
??????????? By
Delegates Eldridge, Paynter, R. Miller, Marcum and Maynard:
H.
B. 2730 - ?A Bill to
amend and reenact ?16-49-1 of the Code of West Virginia, 1931, as amended,
relating to the West Virginia Clearance for Access: Registry and Employment
Screening Act; and adding applicants for child care and foster care subject to
background checks?; to the Committee on the Judiciary.
??????????? By
Delegates Shott, R. Miller, Kessinger, Lane and Byrd:
H.
B. 2731 - ?A Bill to
amend and reenact ?51-2-2 of the Code of West Virginia, 1931, as amended,
relating to clarifying that only civil actions with controversial amounts exceeding
$10,000 must be heard in circuit court, except in actions relating to real
estate installment sales contracts or actions confined exclusively by the
Constitution to some other tribunal?; to the Committee on the Judiciary.
??????????? By
Delegates Shott, R. Miller, Kessinger, Lane, Byrd and Isner:
H.
B. 2732 - ?A Bill to
amend and reenact ?49-4-605 of the Code of West Virginia, 1931, as amended,
relating to standards for termination of parental rights in child abuse and
neglect cases; and correcting a technical error?; to the Committee on the
Judiciary.
??????????? By
Delegates Moore, Mr. Armstead (Mr. Speaker), O?Neal, Cowles, Householder and
Espinosa:
H.
B. 2733 - ?A Bill to
amend and reenact ?5-1A-4 of the Code of West Virginia, 1931, as amended,
relating to requiring a detailed explanation of any appropriation designated as
?Other assets? in the Governor?s proposed budget expenditures?; to the
Committee on Finance.
??????????? By
Delegates Boggs and Westfall:
H.
B. 2734 - ?A Bill to
amend and reenact ?11-6C-1, ?11-6C-2, ?11-6C-3, ?11-6C-4 and ?11-6C-5 of the
Code of West Virginia, 1931, as amended; and to amend said code, by adding
thereto a new section, designated ?11-6C-6, all relating to authorizing a
method for the collection and remittance of property taxes related to dealers?
heavy equipment inventory?; to the Committee on Finance.
??????????? By
Delegates Sobonya, C. Romine, C. Miller, Westfall, Butler, Atkinson, White,
Householder, Frich, N. Foster and Summers:
H.
B. 2735 - ?A Bill to
amend and reenact ?30-5-6 of the Code of West Virginia, 1931, as amended; and
to amend said code by adding thereto a new section, designated ?30-5-25a, all
relating generally to requiring the Board of Pharmacy to review, investigate
and make appropriate referrals of reports of suspicious orders of controlled
substances; authorizing the board to investigate suspicious orders by
controlled substances registrants and to conduct hearings on the denial,
suspension or revocation of registrations; directing the board to maintain a
log of reports of suspicious orders; requiring reports to be reviewed by
the? Attorney General; and directing
reports of suspicious orders to be referred to agencies and authorities with
appropriate jurisdiction?; to the Committee on Health and Human Resources then
the Judiciary.
??????????? By
Delegate Ellington:
H.
B. 2736 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?9-5-25, relating to the selling of certain state owned
long-term care facilities by the Secretary of the Department of Health and
Human Resources; creating in the State Treasury a special revenue account to be
known as the ?Health Care Facilities Liquidation Fund?; requiring the secretary
to prepare an accounting of all such assets, and providing that expenditures
from the fund are not authorized from collections deposited in the fund but are
to be made only in accordance with appropriation by the Legislature?; to the
Committee on Health and Human Resources then Finance.
??????????? By
Delegates Shott, R. Miller, Kessinger, Lane, Byrd and Isner:
H.
B. 2737 - ?A Bill to
repeal ?38-5B-8 of the Code of West Virginia, 1931, as amended, to amend and
reenact ?29-12D-1a of said code; to amend and reenact ?38-5B-5 and ?38-5B-9 of
said code; to amend and reenact ?49-4-716 of said code; and to amend and enact
?51-2A-8 of said code, all relating to eliminating certain fees generated by
suggestee executions and providing more efficient collection and submission of
state moneys received as a result of certain court transactions or court services?;
to the Committee on Finance.
??????????? By
Delegates Espinosa, Statler, Dean, Blair, Westfall, Higginbotham, Moore,
Wilson, Cooper and Upson:
H.
B. 2738 - ?A Bill to
amend and reenact ?18A-2-7 of the Code of West Virginia, 1931, as amended,
relating generally to the transfer of school personnel; providing flexibility
in the employee transfer process; removing April 1 deadline for notifying
employee that he or she is being considered for transfer; requiring employee to
be transferred be provided with a statement of the reason for the proposed
transfer; removing requirement that employee to be transferred request reason
for transfer in writing; requiring hearing on proposed transfer occur within
twenty days of receipt of a hearing request; requiring transferred employee to
report to the new assignment upon the date specified in the notice, but no
sooner than ten days following receipt of notice, unless another date can be
mutually agreed upon by the superintendent and employee; and removing the
reassignment process that can occur when actual student enrollment in a grade
level or program is unforeseen on or before May 1 of the preceding school
year?; to the Committee on Education.
??????????? By
Delegates Summers, Ellington, Howell and Statler:
H.
B. 2739 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated, ?9-5-25, relating to supplemental Medicaid provider
reimbursement?; to the Committee on Health and Human Resources then Finance.
??????????? By
Mr. Speaker (Mr. Armstead), and Delegate Miley
??????????? [By
Request of the Executive]:
H.
B. 2740 - ?A Bill
expiring funds to the unappropriated surplus balance in the State Fund, General
Revenue, for the fiscal year ending June 30, 2017 in the amount of $18,600,000
from the Department of Revenue, Office of the Secretary ? Revenue Shortfall
Reserve Fund, fund 7005, fiscal year 2017, organization 0701, and making a
supplementary appropriation of public moneys out of the Treasury from the
balance of moneys remaining as an unappropriated surplus balance in the State
Fund, General Revenue, to the Department of Administration, Division of
Finance, fund 0203, fiscal year 2017, organization 0209, and to the Department
of Administration, Public Defender Services, fund 0226, fiscal year 2017,
organization 0221, by supplementing and amending the appropriations for the
fiscal year ending June 30, 2017?; to the Committee on Finance.
House Calendar
Third Reading
??????????? Com. Sub. for H. B. 2083, Increasing the felony criminal
penalties for exposing children to methamphetamine manufacturing; 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. 25), and there were--yeas 98, nays 2, absent and not voting none, with
the nays being as follows:
??????????? Nays: Folk and McGeehan.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2083) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? H. B. 2123,
Making the West Virginia Schools for the Deaf and Blind eligible to participate
in any and all funding administered or distributed by the West Virginia School
Building Authority; on third reading, coming up in regular order, was read a
third time.
??????????? The question being on the passage of the
bill, the yeas and nays were taken (Roll
No. 26), and there were--yeas 100, nays none, absent and not voting none.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (H. B. 2123) passed.
??????????? Delegate
Cowles moved that the bill take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 27), and there
were--yeas 100, nays none, absent and not voting none.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (H. B. 2123) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com. Sub. for H. B. 2486, Providing that when a party's health
condition is at issue in a civil action, medical records and releases for
medical information may be requested and required without court order; 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. 28), and there were--yeas 68,
nays 31, absent and not voting 1, with the nays and absent and not voting being
as follows:
??????????? Nays: Baldwin, Barrett, Bates,
Boggs, Brewer, Canestraro, Caputo, Dean, Diserio, Eldridge, E. Evans, Ferro,
Fluharty, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Love, Lovejoy, Lynch,
Marcum, Miley, Phillips, Pyles, Rodighiero, Rowe, Sponaugle, Thompson, Upson
and Williams.
??????????? Absent and Not Voting: Cowles.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2486) 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. 2542, Relating to public higher education
personnel; on third reading, coming up in regular order, was reported by the
Clerk.
Delegate Byrd moved to postpone the bill
one day, retaining its place on the calendar.
??????????? On
this motion, Delegate Caputo demanded the yeas and nays, which demand was
sustained.
The yeas and nays having been ordered,
they were taken (Roll No. 29), and
there were--yeas 37, nays 62, absent and not voting 1, with the yeas and absent
and not voting being as follows:
??????????? Yeas: Baldwin, Barrett, Bates,
Boggs, Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro,
Fleischauer, Fluharty, Folk, Hartman, Hicks, Hornbuckle, Iaquinta, Isner,
Longstreth, Love, Lovejoy, Lynch, Marcum, Miley, R. Miller, Moye, Pethtel,
Pushkin, Pyles, Robinson, Rodighiero, Rowe, Sponaugle, Thompson and Williams.
??????????? Absent and Not Voting: Cowles.
??????????? So, a majority of the members
present and voting not having voted in the affirmative, the motion was
rejected.
??????????? The bill was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 30), and there were--yeas 61, nays 38, absent and not voting 1, with
the nays and absent and not voting being as follows:
??????????? Nays: Baldwin, Barrett, Bates,
Boggs, Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro,
Fleischauer, Fluharty, Folk, Frich, Hartman, Hicks, Hornbuckle, Iaquinta,
Isner, Longstreth, Love, Lovejoy, Lynch, Miley, R. Miller, Moye, Pethtel,
Pushkin, Pyles, Robinson, Rodighiero, Rowe, Sponaugle, Thompson, Ward and
Williams.
??????????? Absent and Not Voting: Cowles.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2542) 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. 2585,
Creating felony crime of conducting financial transactions involving proceeds
of criminal activity; on third reading, coming up in regular order, was reported
by the Clerk.
??????????? Delegate Wilson asked unanimous
consent to amend the bill on third reading, which consent was not given, objection
being heard.
??????????? The bill was read a third time.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 31), and there were--yeas 78,
nays 21, absent and not voting 1, with the nays and absent and not voting being
as follows:
??????????? Nays: Baldwin, Barrett, Brewer,
Diserio, Eldridge, E. Evans, Folk, Hicks, Hornbuckle, Iaquinta, Longstreth,
Lynch, Martin, McGeehan, Paynter, Pushkin, Rodighiero, Rowe, Sponaugle, Wagner
and Williams.
??????????? Absent and Not Voting: Cowles.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2585) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Second Reading
??????????? Com. Sub. for H. B. 2420, Providing that the State Board of
Education may delegate its Medicaid provider status and subsequent
reimbursement to regional educational service agencies or county boards; on
second reading, coming up in regular order, was read a second time.
??????????? Delegates Wilson and Folk moved to
amend the bill on page one, section five-b, line three, following the word
?program?, by striking out the word ?and?, and inserting the words ?for whom
parental consent has been obtained?.
??????????? And,
??????????? On page two, line twenty-six,
following the word ?eligible?, by inserting the words ?and for which parental
consent has been obtained?.
On the adoption of the amendment, the
yeas and nays were demanded, which demand was sustained.
??????????? The yeas and nays having been
ordered, they were taken (Roll No. 32),
and there were--yeas 26, nays 68, absent and not voting 6, with the yeas and
absent and not voting being as follows:
??????????? Yeas: Brewer, Canestraro, Caputo,
Diserio, Eldridge, E. Evans, Ferro, Folk, Frich, Hill, Hornbuckle, Isner, Love,
Marcum, Martin, McGeehan, Miley, R. Miller, O'Neal, Paynter, Rodighiero,
Sponaugle, Thompson, Ward, Williams and Wilson.
??????????? Absent and Not Voting: Bates,
Cowles, Hamrick, Maynard, Pyles and Walters.
??????????? So, a majority of the members
present and voting not having voted in the affirmative, the amendment was rejected.
??????????? The bill was then ordered to
engrossment and third reading.
??????????? Com. Sub. for H. B. 2506, Relating to the permit limit
calculations and allowing overlapping mixing zones for calculating permit
limits for drinking water criteria; on second reading, coming up in regular
order, was read a second time.
??????????? Delegate Pushkin moved to amend the
bill on page two, section seven-b, line twenty-eight, following the period, by
inserting the following:
??????????? ?At locations where mixing zones are
allowed to overlap, the Secretary shall require the permittee to post signage
on the shore-line in near proximity to the water body mixing zone, in lettering
at least one inch in height, a notice that reads ?Warning - Pollution mixing
zone, stream pollution in this area exceeds state water quality standards.? SWIM AT YOUR OWN RISK!?
Delegate Pushkin then asked and obtained
unanimous consent to offer a reformed amendment on page two, section seven-b,
line twenty-eight, following the period, by inserting the following sentence:
??????????? ?At locations where mixing zones are
allowed to overlap, the Secretary shall require permittees to indicate on their
required signage an indication that mixing zones overlap in a particular
vicinity.?
??????????? After debate, Delegate Pushkin subsequently
asked and obtained unanimous consent to reinstate the original amendment.
??????????? Delegate Hanshaw then moved to amend
the amendment by Delegate Pushkin, by striking out everything following the
word ?Secretary? and inserting in lieu thereof ?shall require permittees to indicate
on their required signage an indication that mixing zones overlap in a
particular vicinity.?
On the adoption of the amendment to the
amendment, the yeas and nays were demanded, which demand was sustained.
??????????? The yeas and nays having been
ordered, they were taken (Roll No. 33),
and there were--yeas 58, nays 35, absent and not voting 7, with the nays and
absent and not voting being as follows:
??????????? Nays: Baldwin, Barrett, Bates,
Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro,
Fleischauer, Fluharty, Gearheart, Hornbuckle, Iaquinta, Isner, Longstreth,
Love, Lovejoy, Lynch, Miley, R. Miller, Moore, Moye, Paynter, Pethtel, Pushkin,
Pyles, Robinson, Rodighiero, Rowe, Sponaugle, Thompson and Williams.
??????????? Absent and Not Voting: Cowles, A.
Evans, Hamilton, Hicks, Marcum, Phillips and Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the amendment to the
amendment was adopted.
??????????? The amendment offered by Delegate
Pushkin, as amended, was then adopted.
The bill was then ordered to engrossment
and third reading.
First Reading
??????????? The
following bills on first reading, coming up in regular order, were each read a
first time and ordered to second reading:
??????????? Com.
Sub. for H. B. 2329,
Prohibiting the production, manufacture or possession of fentanyl,
??????????? Com.
Sub. for H. B. 2620,
West Virginia Drug Overdose Monitoring Act,
??????????? Com.
Sub. for H. B. 2646,
Terminating the Women?s Commission and discontinue its functions,
And,
??????????? Com.
Sub. for H. B. 2648,
Increasing penalties for manufacturing or transportation of a controlled
substance in the presence of a minor.
Miscellaneous Business
??????????? Delegate Lewis noted to the Clerk
that he was absent on February 27, 2017, when the votes were taken on Roll Nos.
18, 19, 20, 21, 22 and 23, and that had he been present, he would have voted ?Yea?
on Roll Nos. 18 through 21 and ?Nay? on Roll Nos. 22 and 23.
Delegate E. Evans asked and obtained
unanimous consent for a moment of silence for a fallen miner.
??????????? Delegate Caputo asked and obtained
unanimous consent that the remarks of Delegate E. Evans during Remarks by
Members be printed in the Appendix to the Journal.
??????????? Delegate Folk asked and obtained
unanimous consent that the remarks of Delegate McGeehan regarding Com. Sub. for
H. B. 2585 be printed in the Appendix to the Journal.
??????????? Delegate Eldridge filed a form with
the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2566.
Delegate Frich filed forms with the Clerk?s
Office per House Rule 94b to be added as a cosponsor of H. B. 2037, H. B. 2726,
H. B. 2732 and H. B. 2739.
At
1:36 p. m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March
1, 2017.