__________*__________
Wednesday, March 1, 2017
TWENTY-SECOND DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE
CHAIR]
??????????? The House of Delegates met at 11:00
a.m., and was called to order by the Honorable Tim Armstead, Speaker.
??????????? Prayer was offered and the House was
led in recitation of the Pledge of Allegiance.
??????????? The Clerk proceeded to read the
Journal of Tuesday, February 28, 2017, being the first order of business, when
the further reading thereof was dispensed with and the same approved.
Committee Reports
Delegate
Hamilton, Chair of the Committee on Agriculture and Natural Resources,
submitted the following report, which was received:
Your
Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2641, Relating to pension benefits exempt from state income taxation,
And,
H. B.
2663, Increasing the compensation for
natural resources police officers,
And
reports the same back with the recommendation that they each do pass, but that
they first be referred to the Committee on Finance.
??????????? In
accordance with the former direction of the Speaker, the bills (H. B. 2641 and
H. B. 2663) were each referred to the Committee on Finance.
Delegate
Evans, Chair of the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your
Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2662, Prohibiting the waste of game animals, game birds or game fish,
And
reports the same back, with amendment and a title 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. 2662) was
referred to the Committee on the Judiciary.
Delegate
Gearheart, Chair of the Committee on Roads and Transportation, submitted the
following report, which was received:
Your
Committee on Roads and Transportation has had under consideration:
H. B. 2346, Relating to motor
vehicle license plates,
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 Government
Organization.
??????????? In
accordance with the former direction of the Speaker, the bill (H. B. 2346) was
referred to the Committee on Government Organization.
Delegate
Gearheart, Chair of the Committee on Roads and Transportation, submitted the
following report, which was received:
Your
Committee on Roads and Transportation has had under consideration:
H. B. 2363, Requiring that a state
employee with a commercial driver?s license have a current medical evaluation
certification,
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. 2363) was
referred to the Committee on the Judiciary.
Delegate
Gearheart, Chair of the Committee on Roads and Transportation, submitted the
following report, which was received:
Your
Committee on Roads and Transportation has had under consideration:
H. B. 2402, Relating to abandoned
antique vehicles,
And,
H. B. 2415, Relating to construction
of industrial access roads with state funds,
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. 2402 and
H. B. 2415) were each referred to the Committee on Finance.
Delegate
Fast, Chair of the Committee on Industry and Labor, submitted the following
report, which was received:
Your
Committee on Industry and Labor has had under consideration:
H. B. 2555, Relating to tax credits for apprenticeship training in
construction trades,
And
reports the same back with the recommendation that it do pass, but that it
first be referred to the Committee on Finance.
??????????? In
accordance with the former direction of the Speaker, the bill (H. B. 2555) was
referred to the Committee on Finance.
Delegate
Evans, Chair of the Committee on Agriculture and Natural Resources, submitted
the following report, which was received:
Your
Committee on Agriculture and Natural Resources has had under consideration:
H. B. 2453, Expanding the list of persons the Commissioner of Agriculture may
license to grow or cultivate industrial hemp,
And
reports the same back, with amendment and a title 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. 2453) was
referred to the Committee on the Judiciary.
Delegate
Storch, Chair of the Committee on Political Subdivisions, submitted the
following report, which was received:
Your
Committee on Political Subdivisions has had under consideration:
H.B.
2356, Relating to the approval of the Historic Landmarks Commission,
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 Government
Organization.
??????????? In
accordance with the former direction of the Speaker, the bill (H. B. 2356) was
referred to the Committee on Government Organization.
Delegate
Ellington, Chair of the Committee on Prevention and Treatment of Substance
Abuse, submitted the following report, which was received:
Your
Committee on Prevention and Treatment of Substance Abuse has had under
consideration:
H. B.
2428, Establishing additional substance
abuse treatment facilities, ??
And,
H. B.
2457, Creating the West Virginia
Addictions Treatment and Recovery Fund,
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. 2428 and
H. B. 2457) were each referred to the Committee on Finance.
Delegate
Ellington, Chair of the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee
on Health and Human Resources has had under consideration:
H. B.
2520, Prohibiting the use of a tanning
device by a person under the age of eighteen,
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. 2520) was
referred to the Committee on the Judiciary.
Delegate
Ellington, Chair of the Committee on Prevention and Treatment of Substance
Abuse, submitted the following report, which was received:
Your
Committee on Prevention and Treatment of Substance Abuse has had under
consideration:
H. B.
2195, Relating to requiring
comprehensive drug awareness and prevention program in all public schools,
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 Education.
??????????? In
accordance with the former direction of the Speaker, the bill (H. B. 2195) was
referred to the Committee on Education.
Delegate Ellington, Chair of the
Committee on Health and Human Resources submitted the following report, which
was received:? ?
Your Committee on Health and Human
Resources has had under consideration:?
H. B. 2653, Extending
the Multi State Real-Time Tracking System,
And reports the same back with the
recommendation that it do pass, and with the recommendation that second
reference of the bill to the Committee on Finance be dispensed with.
??????????? In the absence of objection,
reference of the bill (H. B. 2653) to the Committee on Finance was abrogated.
Delegate
Walters, Chair of the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your
Committee on Pensions and Retirement has had under consideration:
??????????? H. B. 2586, Relating to required minimum distribution of retirement benefits
of plans administered by the Consolidated Public Retirement Board,
And
reports the same back with the recommendation that it do pass, but that it
first be referred to the Committee on Finance.
??????????? In
accordance with the former direction of the Speaker, the bill (H. B. 2586) was
referred to the Committee on Finance.
Delegate
Walters, Chair of the Committee on Pensions and Retirement submitted the
following report, which was received:?
Your
Committee on Pensions and Retirement has had under consideration:?
??????????? H. B. 2600, Relating to the Municipal Police and Fire Retirement System,
And
reports the same back, with a title amendment, with the recommendation that it
do pass, as amended but that it first be referred to the Committee on Finance.
??????????? In
accordance with the former direction of the Speaker, the bill (H. B. 2600) was
referred to the Committee on Finance.
Delegate
Walters, Chair of the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your
Committee on Pensions and Retirement has had under consideration:
H. B. 2601, Relating to municipal policemen?s or municipal firemen?s pension
and relief funds,
H. B. 2603, Relating to municipal policemen?s or firemen?s pension and relief
funds that are funded at one hundred and twenty-five percent or more,
And,
H. B. 2604, Relating to employee information reported to the Consolidated
Public Retirement Board,
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. 2601, H.
B. 2603 and H. B. 2604) were each referred to the Committee on Finance.
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. 2509, Relating to the practice of telemedicine,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2509 ? ?A Bill
to amend and reenact ?30-3-13a of the Code of West Virginia, 1931, as amended;
and to amend and reenact ?30-14-12d of said code, all relating to the practice
of telemedicine; certain prescription limitations lifted,"
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. 2459, Relating to regulation
of health care and the certificate of need process,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2459 ? ?A Bill to repeal ?16-2D-5f of the Code of West
Virginia, 1931, as amended; and to amend and reenact ?16-2D-2, ?16-2D-3,
?16-2D-4, ?16-2D-9, ?16-2D-10, ?16-2D-11, ?16-2D-13 and ?16-2D-16 of said code,
all relating to regulation of health care and the certificate of need process,?
With the recommendation that the
committee substitute do pass.
??????????? Your Committee on Finance has had
under consideration:
H.
B. 2590, Updating the meaning of federal
taxable income and certain other terms used in the West Virginia Corporation
Net Income Tax Act,
??????????? And,
H.
B. 2594, Updating the meaning of federal
adjusted gross income and certain other terms used in the West Virginia
Personal Income Tax Act,
And reports the same back, with the
recommendation that they each 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. 125 - ?A Bill to amend and reenact ?64-5-1 and ?64-5-2 of the
Code of West Virginia, 1931, as amended, all relating to authorizing the Health
Care Authority to promulgate a legislative rule relating to the Hospital
Assistance Grant Program; authorizing the Health Care Authority to promulgate a
legislative rule relating to certificate of need; authorizing the Health Care
Authority to promulgate a legislative rule relating to exemption from
certificate of need; authorizing the Health Care Authority to promulgate a
legislative rule relating to Rural Health Systems Grant Program; authorizing
the Department of Health and Human Resources to promulgate a legislative rule
relating to expedited partner therapy; authorizing the Department of Health and
Human Resources to promulgate a legislative rule relating to clinical
laboratory technician and technologist licensure and certification; authorizing
the Department of Health and Human Resources to promulgate a legislative rule
relating to clandestine drug laboratory remediation; authorizing the Department
of Health and Human Resources to promulgate a legislative rule relating to
medication-assisted treatment?opioid treatment programs; and authorizing the
Department of Health and Human Resources to promulgate a legislative rule
relating to medication-assisted treatment-office-based, medication-assisted
treatment?; 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. 214 - ?A Bill to amend?
the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?39-6-1, ?39-6-2, ?39-6-3, ?39-6-4, ?39-6-5, ?39-6-6,
?39-6-7, ?39-6-8, ?39‑6-9, ?39-6-10 and ?39-6-11, all relating to
adopting the Uniform Electronic Legal Material Act; providing a short title;
providing applicability to legal materials designated official; designating
legal material in official records; providing for authentication of electronic
records; addressing effects of authentication, providing for preservation and
security of legal material in official electronic record; providing for public
access to legal materials in electronic records; creating standards for
preservation and authentication; providing uniformity of application and
construction; and addressing its effect on the Electronic Signatures in Global
and National Commerce Act?; 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. 321
? ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?5-10D-12, relating to employee information
reported to the Consolidated Public Retirement Board; requiring employers to
report all individuals employed; and specifying required minimum reporting
requirements?; which was referred to the Committee on Finance.
??????????? 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. 426 ? ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated
?64-12-1, relating to repealing a Division of Natural Resources? legislative
rule relating to the Litter Control Grant Program?; which was referred to the
Committee on the Judiciary.
Resolutions Introduced
??????????? Delegates Marcum, Phillips, Hicks,
Thompson, Hamrick, Dean, Westfall, Frich and Deem offered the following
resolution, which was read by its title and referred to the Committee on Roads
and Transportation then Rules:
H. C. R. 28 ? ?Requesting
the Division of Highways to name Bridge No. 30-52 2.73 (30A110) (37.82180,
-82.39737) between Kermit and East Kermit, locally known as the Upper Burning Creek
Bridge, carrying U. S. 52 over Upper Burning Creek & NS Railroad in Mingo
County, the ?Johnny O?Dell Linville Memorial Bridge?.?
Whereas,
Johnny O?Dell Linville was born April 29, 1947, to Lenhart and Hazel Lovejoy
Linville in their home at Palermo, Lincoln County, West Virginia. The family
moved to Kermit, West Virginia when Johnny was three years of age. He had four
brothers and two sisters. He was educated in Kermit. He married Dorothy
Spaulding Linville on September 3, 1966. They had one daughter, Rhonda Linville
Muncy. Johnny served as the mayor in the Town of Kermit for over seventeen
years, while also serving as a councilman for three years. He played a pivotal
role in a multitude of projects, including the Kermit Community Park that
serves to this day as a popular gathering place for social events and town?s
new sewer system. He also planted trees and flowers throughout the town. His
love for the town was shown in his efforts to make Kermit the Cleanest Little
Town in West Virginia. One of his slogans was: ?If you litter in Kermit, you
have had a bad day!? This resulted in the perpetrator receiving a hefty fine.
He played a huge part in the creation of the baseball field at East Kermit and
he would work the PA system for hours each day, and announce the names of the
baseball players from the press box. He would be there from opening day to the
season finale, from the top to the bottom of the schedule each day, always with
a smile on his face, knowing the benefits that the field provided for the community
and its children. Johnny died on March 1, 2016, following a two year struggle
with kidney disease. He is survived by his loving wife of 49 years Dorothy
Spaulding Linville of Kermit, his daughter Rhonda Linville Muncy, son-in-law
Gabe Muncy and grandson, John Alex Muncy, who is a student at Marshall
University; and
Whereas,
Naming this bridge in his hometown is an appropriate recognition of Mayor
Johnny O?Dell Linville?s contributions to his community; therefore, be it
?Resolved
by the Legislature of West Virginia:
That the
Division of Highways is hereby requested to name Bridge No. 30-52 2.73 (30A110)
(37.82180, -82.39737) between Kermit and East Kermit, locally known as the
Upper Burning Creek Bridge, carrying U. S. 52 over Upper Burning Creek & NS
Railroad in Mingo County, the ?Johnny O?Dell Linville Memorial Bridge?; and, be
it
Further Resolved, That
the Division of Highways is requested to have made and be placed signs
identifying the bridge as the ?Johnny O?Dell Linville Memorial Bridge?; and, be
it
Further
Resolved, That the Clerk of the House of Delegates forward a certified copy of
this resolution to the Secretary of the Department of Transportation.
??????????? Delegate Rodighiero offered the
following resolution, which was read by its title and referred to the Committee
on Roads and Transportation then Rules:
H. C. R. 29 ? ?Requesting
the Division of Highways to name Bridge Number 23-10-19.39 (23A365) (37.84226,
-81.97681), locally known as Guyandotte River Bridge, carrying WV 10 over
Guyandotte River in Logan County, the ?U.S. Army SGT Denver E. Short Memorial
Bridge?.?
Whereas,
Denver E. Short was born May 6, 1921, in Logan County at Davin on Huff Creek;
he attended Man High School and later married Margaret Parsons from West Logan
and they had two daughters, Katy Short Ojeda and Brenda Short Thomas; and?
Whereas,
Denver E. Short enlisted in the U. S. Army in August, 1941, and was honorably
discharged on September 27, 1945; he participated in historic battles in
central Europe and received medals for his service and for wounds received in
action; and
Whereas,
As a platoon Sergeant in Headquarters Battery of the 155th Airborne
Anti-aircraft Battalion, Sergeant Denver E. Short served in four European
wartime campaigns in Normandy, the Rhineland, the Ardennes and central Europe;
and
Whereas,
Sergeant Denver E. Short suffered his first combat wound from small arms fire
on D-Day, June 6, 1944; he was subsequently wounded in Belgium in 1944 and
again in France in 1945; as a result of his wounds, he was hospitalized on
numerous occasions, first in a hospital in England, and two different extended
stays in hospitals in France, and was awarded three separate Purple Heart
Medals for his wounds; and?
Whereas,
Sergeant Denver E. Short also received the first Oak Leaf Cluster to his first
Purple Heart Medal, a second Oak Leaf Cluster to his second Purple Heart Medal
and two Distinguished Unit Badges; and
Whereas,
SGT Denver E. Short passed away on August 26, 2001, and was a proud veteran,
great father and husband and also was a quiet, humble man, a devout Christian
and a true American hero; and
Whereas,
Naming Bridge Number 23-10-19.39 (23A365) (37.84226, -81.97681), locally known
as Guyandotte River Bridge, carrying WV 10 over Guyandotte River in Logan
county, the ?U.S. Army SGT Denver E. Short Memorial Bridge? is an appropriate
recognition of his service and sacrifices for his country as a part of ?The
Greatest Generation? and service to his state, community and Logan County;
therefore, be it
Resolved by the Legislature of West Virginia:
That the
Division of Highways is hereby requested to name Bridge Number 23-10-19.39
(23A365) (37.84226, -81.97681), locally known as Guyandotte River Bridge,
carrying WV 10 over Guyandotte River in Logan county, the ?U.S. Army SGT Denver
E. Short Memorial Bridge?; and, be it
Further Resolved, That
the Division of Highways is requested to have made and be placed signs
identifying the bridge as the ?U.S. Army SGT Denver E. Short Memorial Bridge?;
and, be it
Further Resolved, That
the Clerk of the House of Delegates is hereby requested to forward a certified
copy of this resolution to the Secretary of the Department of Transportation.
??????????? Delegates Eldridge, Maynard, R.
Miller, Rodighiero, Marcum, Phillips, C. Miller, C. Romine and Hornbuckle
offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 30 ?
?Requesting the Division of
Highways to name, Bridge Number 22-37-4.35 (22A059), latitude 38.10346,
longitude -82.17775, on Route 37 in Lincoln County, locally known as East Fork
Bridge, as the ?U.S. Army PFC Cornelious Wiley Memorial Bridge?.?
??????????? Whereas,
Cornelious Wiley was born May 24, 1921, in Ranger, Lincoln County, West
Virginia; and
??????????? Whereas, Cornelious Wiley served in
the U.S. Army 80th Division, 905th Field Artillery Battalion; and
??????????? Whereas, Cornelious Wiley died
serving his country on September 1, 1944; and
??????????? Whereas, It is fitting to honor
Cornelious Wiley?s life and service by naming the bridge at the mouth of
Barberry Road after him; therefore, be it
Resolved
by the Legislature of West Virginia:
??????????? That the Division of Highways is
hereby requested to name Bridge Number 22-37-4.35 (22A059), latitude 38.10346,
longitude -82.17775, on Route 73 in Lincoln County, locally known as East Fork
Bridge, as the ?U.S. Army PFC Cornelious Wiley Memorial Bridge?; and, be it
??????????? Further
Resolved, That the Commissioner of the Division of Highways is hereby
requested to erect signs at both ends of the bridge, proclaiming the bridge the
?U.S. Army PFC Cornelious Wiley Memorial Bridge?, and, be it
Further
Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Secretary of the Department
of Transportation.
??????????? Delegates Sponaugle, Barrett, Miley,
Caputo, Pushkin and Hanshaw offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. R. 10 ? ?Relating to empowering the House Committee on the
Judiciary to investigate allegations of impeachable offenses against Steven O.
Callaghan, Circuit Judge-Elect of the Twenty-Eighth Judicial Circuit.?
Whereas,
On February 9, 2017, the West Virginia Supreme Court, in an unprecedented
action, suspended Judge-Elect Callaghan two years without pay and assessed him
$15,000 in fines for multiple violations of West Virginia Lawyer Rules for Professional
Conduct and the Code of Judicial Conduct; and
Whereas,
The Court found that Judge-Elect Callaghan knowingly published false
allegations against his opponent for the Judgeship, Gary Johnson, and that his
acts were done with the purpose of deceiving voters, and were intentional
fraudulent acts that subverted the integrity of the judicial system; and
Whereas,
The Court found that Judge-Elect Callaghan?s conduct ?relates directly to the
administration of justice and negatively impacts the public?s perception of the
administration of justice;... [his] behavior certainly relates directly to his
public persona, through his efforts to achieve professional gain by
dissemination of false materials to the voting public,? his actions demonstrate
profound disrespect and disregard for our system of justice; his intentional
utilization of falsehoods subverts the very essence of the integrity of the
judicial system and cast serious doubts upon his fitness for a judicial
position established upon unbiased veracity and incorruptibility?; and
Whereas,
The Court was further offended by the lack of Judge-Elect Callaghan?s
?extremely limited remorse? and acted in such a fashion as to demonstrate a
?dismissive and cavalier attitude towards his behavior? and that the charges
brought against Judge-Elect Callaghan were proven ?by clear and convincing
evidence?; and
Whereas,
Judge Martish, in a concurring opinion from the Court, raised additional
professional violations and criminal acts that deserve further consideration and
investigation by this body; and
Whereas,
The West Virginia Supreme Court found Judge-Elect Callaghan guilty of violating
three professional rules of conduct that potentially result in him being guilty
of: Maladministration, corruption, incompetency, gross immorality, a high crime
or misdemeanor, and unfit to serve as Circuit Judge for the Twenty-Eighth
Judicial Circuit; therefore, be it
Resolved by the House of Delegates:
That the
House Committee on the Judiciary be, and is by this resolution, empowered (1)
To investigate or cause to be investigated, any allegations or charges raised
by the West Virginia Supreme Court: In
the Matter of: The Honorable Steven O. Callaghan, Judge-Elect of the
Twenty-Eighth Judicial Circuit; and (2) to hold a hearing or hearings
thereon; (3) to make findings of fact based upon such investigations and
hearings; (4) to report to the House of Delegates its findings of facts and any
recommendations which the Committee on the Judiciary may deem proper; and (5)
if the recommendation of the committee be to impeach the Circuit-Judge Elect,
to present to the House of Delegates a proposed resolution of impeachment and
proposed articles of impeachment; and, be it
Further Resolved, That in
carrying out its duties pursuant to this resolution, the House Committee on the
Judiciary is authorized:
(1) To
examine witnesses, to send for persons and papers, documents and other physical
evidence, to order the attendance of any witness, or the production of any
paper, document and other physical evidence, and to exercise all other powers
described under the provisions of section five, article one, chapter four of
the Code of West Virginia;
?(2) To issue summonses, subpoenas and
subpoenas duces tecum and to enforce obedience to its summonses and subpoenas
in accordance with the provisions of section five, article one, chapter four of
the Code of West Virginia or by invoking the aid of the courts of this state;
and
(3) To
determine whether all or any portion of a meeting or hearing should be held in
an executive session, pursuant to the provisions of House Rule eighty-three;
and, be it
Further Resolved, That in
carrying out his duties pursuant to this resolution, the Chairman of the
Committee on the Judiciary is authorized:
(1) To
establish or define rules of procedure for the conduct of meetings or hearings
held pursuant to this resolution;
(2) To
employ, with the prior approval of the Speaker of the House, a court reporter
or stenographer and such other professional or clerical employees as may be
reasonably required;
?(3) To designate a subcommittee or
subcommittees of the Committee on the Judiciary to assist the Chairman or the
Committee in performing his or its duties pursuant to this resolution; and
?(4) To determine the time and place of all
meetings or hearings of the Committee and its designated subcommittees; and, be
it
Further Resolved, That the
Committee on the Judiciary during its inquiry, may entertain such procedural
and dispositive motions as may be made in the case of any other bill or resolution
referred to that Committee, or, in making its recommendations, if any, pursuant
to this resolution, may include:
?(1) A recommendation that the Honorable Steven
O. Callaghan, Judge-Elect of the Twenty-Eighth Judicial Circuit, not be
impeached; or
(2) A
recommendation that the Honorable Steven O. Callaghan be impeached for
maladministration, corruption, incompetence, gross immorality, neglect of duty,
or any high crime or misdemeanor, as provided forth? in section nine, article four of the West
Virginia Constitution, and that? the
Honorable Steven O. Callaghan be removed and disqualified from office, and that
the House of Delegates adopt a resolution of impeachment and formal articles of
impeachment as prepared by the Committee on the Judiciary, and deliver the same
to the Senate in accordance with the procedures of the House of Delegates, for
consideration by the Senate according to rules of procedure and state law.?????????
Petitions
??????????? Delegate
Pushkin presented a petition signed by residents of the State expressing
concern regarding drinking water; which was referred to the Committee on the
Judiciary.
Bills Introduced
On
motions for leave, bills were introduced, read by their titles, and severally
referred as follows:
??????????? By
Delegates Sobonya, Householder, Blair, Frich, Hollen, Storch, Kessinger,
Summers, N. Foster, Rohrbach and C. Miller:
H.
B. 2741 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?9-8-1, ?9-8-2, ?9-8-3, ?9-8-4, ?9-8-5, ?9-8-6, ?9-8-7,
?9-8-8, ?9-8-9, ?9-8-10, ?9-8-11, ?9-8-12, ?9-8-13 and ?9-8-14, all relating to
eligibility and fraud requirements for public assistance; defining terms;
requiring the Department of Health and Human Resources to implement work
requirements for applicants for the Supplemental Nutrition Assistance Program
(SNAP); requiring discontinuance of a federal waiver; setting forth what meets
work requirements; setting out exceptions to work requirements; providing for a
good cause exception; allowing for a federal waiver to meet the requirements of
this section; providing for rulemaking for suspension of benefits for
noncompliance; providing for an asset test for SNAP benefits; requiring
accessing information of various federal, state and miscellaneous sources;
prohibiting payment of SNAP benefits in specified instances; requiring
cooperation with the Bureau of Child Support Enforcement; requiring a design or
establishment of a computerized income, asset and identity verification system
for Temporary Assistance to Needy Families (TANF); allowing for contracting
with a third party vendor; setting out required contract terms; requiring
accessing information of various federal, state and miscellaneous sources for
TANF; requiring identity authentication as a condition to receive public
assistance; requiring a semi-annual case review of all public assistance cases;
setting forth notice requirements and the right to a hearing; requiring
referrals for fraud, misrepresentation and inadequate documentation; requiring
report to the Governor and Legislature; setting forth prohibitions on the use
of an electronic benefit transfer card; tracking out of state spending of SNAP
and TANF benefits and providing for rulemaking?; to the Committee on Government
Organization then Finance.
??????????? By
Delegates Fleischauer, Lynch, Boggs, Sponaugle, Hornbuckle, Bates, Marcum,
Rodighiero, Hicks, Moye and Folk:
H.
B. 2742 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?18-2L-1, ?18-2L-2 and ?18-2L-3, and to amend and reenact
?18-5-13a of said code, all relating to the creation of a School Consolidation
Task Force; designating membership of Task Force; establishing Task Force
purpose to study effects of school closures in the last thirty years; and to
place a moratorium on school closure and consolidation for five years, unless
special referendum in county passed by voters?; to the Committee on Education.
??????????? By
Delegates Rohrbach, Sobonya, C. Romine, C. Miller, Butler, Queen, Hill,
Kessinger, Dean, Fast and Rowan:
H.
B. 2743 - ?A Bill to
amend and reenact ?16-29-1 of the Code of West Virginia, 1931, as amended,
relating to health care records; and requiring the release of an unemancipated
minor?s medical records for drug testing to his or her parent or legal guardian
without written consent from that minor?; to the Committee on Political
Subdivisions then the Judiciary.
??????????? By
Delegates Hanshaw, Fleischauer, Lovejoy, Cooper, Ambler, Walters, Isner,
Fluharty, R. Miller, Pushkin and Canestraro:
H.
B. 2744 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?5B-2I-1, ?5B-2I-2, ?5B-2I-3, ?5B-2I-4, ?5B-2I-5, ?5B-2I-6
and ?5B-2I-7, all relating to authorizing local units of government to adopt
local energy efficiency partnership programs and to create districts to promote
the use of energy efficiency improvements by owners of certain real property;
providing for the financing of the programs through voluntary property assessments,
commercial lending, and other means; to authorize a local unit of government to
issue bonds, notes, and other evidences of indebtedness and to pay the cost of
energy efficiency improvements from the proceeds thereof; providing for the
repayment of bonds, notes, and other evidences of indebtedness; to authorize
certain fees;? prescribing the powers and
duties of certain governmental officers and entities; and? providing remedies?; to the Committee on
Political Subdivisions then Finance.
??????????? By
Delegates R. Miller, Robinson, Lane and Rowe:
H.
B. 2745 - ?A Bill to
amend and reenact ?8-15-20A of the Code of West Virginia, 1931, as amended,
relating to special examination for firefighter paramedic by adding the
examination of Advanced Care Technician?; to the Committee on Political
Subdivisions then Health and Human Resources.
??????????? By
Delegate Howell:
H.
B. 2746 - ?A Bill to
amend and reenact ?7-1-3rr of the Code of West Virginia, 1931, as amended; and
to amend said code by adding thereto a new article, designated ?8-39-1, all
relating to requiring county commissions to maintain websites with specific
information; requiring county commissions to provide website information to the
Secretary of State; requiring Class I and Class II municipalities to maintain
websites with specific information; and to allow Class III and IV
municipalities to maintain websites provided they contain specific
information?; to the Committee on Political Subdivisions then Government
Organization.
??????????? By
Delegates Shott, R. Miller, Kessinger, Lane, Byrd and Isner:
H.
B. 2747 - ?A Bill to
amend and reenact ?62-7-10 of the Code of West Virginia, 1931, as amended,
relating generally to removing archaic language; updating the commitment order
form sentencing courts are required to complete; requiring that the commitment
order must contain certain information; and clarifying that the sentencing
court is required to transmit the certified commitment order to Commissioner of
the Division of Corrections upon issuance?; to the Committee on the Judiciary.
??????????? By
Delegates Walters, Lane, Storch, Westfall, Higginbotham, Blair, Hornbuckle,
Fluharty, Barrett, Pushkin and Hill:
H.
B. 2748 - ?A Bill to
amend and reenact ?61-6-21 of the Code of West Virginia, 1931, as amended,
relating to prohibiting civil rights violations based on gender identity, or
sexual orientation; criminal penalties; when evidence of constitutionally
protected speech or associations is not admissible in criminal prosecutions;
exceptions; providing for sentencing alternatives for persons convicted of
violations; and designating amendments to this section as the ?Justice Through
Grace in Communities Act??; to the Committee on the Judiciary.
??????????? By
Delegate Ellington:
H.
B. 2749 - ?A Bill to
amend and reenact ?24A-1-3 of the Code of West Virginia, 1931, as amended,
relating generally to the jurisdiction of the Public Service Commission over
motor carriers; and exempting vehicles engaged in nonemergency transportation
of Medicaid members from permit requirements?; to the Committee on Government
Organization.
??????????? By
Delegates Howell, Martin, Hamrick, Hill, Maynard, Paynter, Lewis, Arvon, Criss,
McGeehan and Atkinson:
H.
B. 2750 - ?A Bill to
amend and reenact ?24-6-12 of the Code of West Virginia, 1931, as amended,
relating to establishing a system at the county level for the dispatching of
emergency towing services; and permitting a fee to be collected?; to the
Committee on Political Subdivisions then Government Organization.
??????????? By
Delegates Fluharty, Hornbuckle, McGeehan, Storch, Barrett, Sponaugle, White, Bates,
Canestraro, Wilson and Pushkin:
H.
B. 2751 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?29-25A-1, ?29-25A-2 and ?29-25A-3, all relating to
legalizing sport pool betting; authorizing the State Lottery Commission to
promulgate legislative rules establishing sports betting; finding that federal
law prohibiting sports betting in West Virginia is unconstitutional;
authorizing assessment of fees and other necessary requirements; authorizing a tax
on bets; establishing a special revenue account; and allowing incorporation of
current laws and the promulgation of further requirements for sports betting by
legislative rule?; to the Committee on the Judiciary then Finance.
??????????? By
Delegates A. Evans, Wagner, Summers, Ambler, Eldridge, R. Romine, Hamilton,
Rowan and Lewis:
H.
B. 2752 - ?A Bill to
amend and reenact ?7-10-4 of the Code of West Virginia, 1931, as amended,
relating to abuse and neglect of livestock?; to the Committee on Agriculture
and Natural Resources then the Judiciary.
??????????? By
Delegates Rodighiero, Rohrbach, Ellington, Summers, Longstreth, Fleischauer,
Pushkin, Westfall, Hicks, Frich and Ward:
H.
B. 2753 - ?A Bill to
repeal ?30-3E-8 of the Code of West Virginia, 1931, as amended; to amend and reenact
?30-3-5 of said code; to amend and reenact ?30-3E-1, ?30-3E-2, ?30-3E-3,
?30-3E-4, ?30-3E-6, ?30-3E-7, ?30-3E-9, ?30-3E-10, ?30-3E-11, ?30-3E-12,
?30-3E-15, ?30-3E-16 and ?30-3E-17; and to amend said code by adding thereto a
new section, designated ?30-3E-12a, all relating to modernization of the
Physician Assistant Practice Act; modifying the Board of Medicine to add an
additional physician assistant to the board; substituting collaborating
physician for supervising physician; defining terms; allowing a physician
assistant to prescribe Schedule III drugs with specified limitations;
eliminating the requirement that physician assistants be required to take a
recertification exam after passing the initial exam; allowing for reimbursement
rates from insurance plans and public payers at the same rate physicians and
advance practice registered nurses in specified circumstances; adding
requirements to the practice agreement; granting physician assistants signatory
authority on certain forms and making conforming amendments?; to the Committee
on Health and Human Resources then the Judiciary.
??????????? By
Delegates Ambler, Westfall, Butler, Harshbarger, Cooper and Walters:
H.
B. 2754 - ?A Bill to
amend and reenact ?8-15-3 of the Code of West Virginia, 1931, as amended,
relating to fire fees on nonresidents of a municipality who are users of that
municipality?s fire service; capping the amount of the fees which can be
imposed; and excluding charges for certain buildings?; to the Committee on
Political Subdivisions then Finance.
??????????? By
Delegates Walters and Howell:
H.
B. 2755 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?37-16-1, ?37-16-2, ?37-16-3 and ?37-16-4, all relating to
requiring a seller of real property satisfy upon closing any unpaid charges
owed to the county and municipality in which property is located?; to the
Committee on Political Subdivisions then the Judiciary.
??????????? By
Delegates Cooper, Maynard, Paynter, Harshbarger, Moore, Ambler and C. Miller:
H.
B. 2756 - ?A Bill to
amend and reenact ?18C-7-6 of the Code of West Virginia, 1931, as amended,
relating to making Promise scholarships available for students pursuing
certificates or degrees through an accredited community and technical college
education program?; to the Committee on Education then Finance.
??????????? By
Delegates Lane, Cowles, Criss, G. Foster, Hollen, Kessinger, Moore and Sobonya:
H.
B. 2757 - ?A Bill to
amend and reenact ?55-7B-2, ?55-7B-4, ?55-7B-10 and ?55-7B-11 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding thereto a new
section, designated ?55-7B-9e, all relating to Medical Professional Liability;
defining the term ?occurrence?; reducing the time period in which a cause of
action can be brought against nursing homes or assisted living facilities;
providing venue preference; establishing an attorney?s fee schedule based upon
amount recovered; establishing the effective date; and providing for
severability?; to the Committee on Health and Human Resources then the Judiciary.
??????????? By
Delegates Shott, R. Miller, Kessinger, Lane, Byrd and Isner:
H.
B. 2758 - ?A Bill to
amend and reenact ?49-1-201 of the Code of West Virginia, 1931, as amended,
relating to amending the definition of ?abused child? to include a child
conceived as a result of an act of sexual assault?; to the Committee on the
Judiciary.
??????????? By
Delegate Ellington:
H.
B. 2759 - ?A Bill to
amend and reenact ?5A-3-3 of the Code of West Virginia, 1931, as amended; to
amend and reenact ?5A-6-8 of said code; and to amend said code by adding
thereto a new article, designed ?15-14-1, ?15-14-2, ?15-14-3, ?15-14-4,
?15-14-5, ?15-14-6, ?15-14-7, ?15-14-8, ?15-14-9 and ?15-14-10, all relating to
creating Statewide Interoperable Radio Network; establishing short title;
defining terms; establishing objectives and purpose; creating position of
Statewide Interoperable Coordinator; prescribing duties for Statewide
Interoperability Coordinator; creating Statewide Interoperability Executive
Committee; prescribing duties for Statewide Interoperability Executive
committee; creating the Regional Interoperability Committee; providing for
disposition of assets and staffing of Statewide Interoperable Radio Network;
establishing special revenue account for Statewide Interoperable Radio Network;
exempting Statewide Interoperable Radio Network from certain Purchasing
Division requirements; and authorizing emergency and legislative rulemaking?; to
the Committee on Government Organization then Finance.
??????????? By
Delegates Walters, E. Nelson, Phillips, Marcum, Gearheart, Criss, Householder,
Anderson, Westfall, Hartman and Hanshaw:
H.
B. 2760 - ?A Bill to
amend ?33-2-21a of the Code of West Virginia, 1931, as amended, relating to
allowing state agencies to self-insure their own programs in lieu of purchasing
Workers Compensation insurance?; to the Committee on Banking and Insurance then
Finance.
??????????? By
Delegates Thompson, Caputo, R. Miller, Moye, Hornbuckle, Rohrbach and Marcum:
H.
B. 2761 - ?A Bill to
amend and reenact ?18A-4-8b of the Code of West Virginia, 1931, as amended,
relating to qualifications of paraprofessionals, autism mentors and braille or
sign support specialists to be early childhood classroom assistant teachers?;
to the Committee on Education then Finance.
??????????? By
Delegates Marcum, Phillips, Eldridge, Hicks, Isner, Sponaugle, Williams,
Iaquinta, Ferro, Brewer and Canestraro:
H.
B. 2762 - ?A Bill to
amend and reenact ?15-2-7 of the Code of West Virginia, 1931, as amended,
relating to authorizing the Superintendent of the West Virginia State Police to
increase the number of employees of the State Police Forensic Laboratory by
twenty-five percent?; to the Committee on the Judiciary then Finance.
??????????? By
Delegates Espinosa, Moore, Wilson, Cooper and Harshbarger:
H.
B. 2763 - ?A Bill to
amend and reenact ?18B-19-13 of the Code of West Virginia, 1931, as amended,
relating to the approval by the Council for Community and Technical College
Education of acquisitions, bequests, donations, construction of new buildings,
repairs, renovations or lease payments over the lifetime of the lease which
exceed $1 million, if made or accepted by the institution?s research
corporation or an affiliated foundation?; to the Committee on Education then
Finance.
??????????? By
Delegates Espinosa, Statler, Harshbarger, Dean, Blair, Higginbotham, Westfall,
Wilson, Moore, Cooper and Upson:
H.
B. 2764 - ?A Bill to
amend and reenact ?12-6-19 of the Code of West Virginia, 1931, as amended,
relating to allowing the State Building Commission or the Higher Education Policy
Commission to request and receive money from the Investment Management Board
for projects authorized by this code and approved by the Joint Committee on
Government and Finance and the Governor?; to the Committee on Education then
Finance.
??????????? By
Delegates Shott, R. Miller, Kessinger, Lane, Byrd and Isner:
H.
B. 2765 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?51-1-22, relating to establishing a new special revenue
fund, designated the Court Advanced Technology Subscription Fund, for the
purpose of collecting and remitting moneys to the State Treasury for the use of
certain advanced technology systems provided by the Supreme Court of Appeals?;
to the Committee on the Judiciary then Finance.
??????????? By
Delegates Shott, R. Miller, Kessinger, Lane, Byrd and Isner:
H.
B. 2766 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?62-15-9a, relating to establishing a new special revenue
fund, designated the Adult Drug Court Participation Fund, for the purpose of
collecting and remitting moneys to the State Treasury for participation in an
adult drug court program administered by the Supreme Court of Appeals?; to the
Committee on Prevention and Treatment of Substance Abuse then Finance.
??????????? By
Delegates O?Neal, Hanshaw, Sobonya, Hollen, Moore, Kessinger, Summers, Fast,
Overington and G. Foster:
H.
B. 2767 - ?A Bill to
amend and reenact ?31D-5-504 of the Code of West Virginia, 1931, as amended;
and to amend and reenact ?56-3-31, ?56-3-33, ?56-3-33a and ?56-3-34 of said
code, all relating to authorizing the Secretary of State to transmit electronic
versions of undeliverable mail to the circuit clerks of the state to minimize
agency costs and streamline processes for the state?; to the Committee on
Government Organization then the Judiciary.
??????????? By
Delegates A. Evans and Storch:
H.
B. 2768 - ?A Bill to
amend and reenact ?46A-5-101 of the Code of West Virginia, 1931, as amended,
relating to modifying the penalties imposed on debt collectors who violate the
provisions of the West Virginia Consumer Credit and Protection Act; limiting
the amount consumers may be awarded; and reducing the period in which an action
may be brought from four years to two years?; to the Committee on the
Judiciary.
??????????? By
Delegates C. Miller, Sobonya, Wilson, Folk, Cooper, Zatezalo, McGeehan, A.
Evans, C. Romine, Maynard and Butler:
H.
B. 2769 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated ?2-1-3, relating to the preservation of rights guaranteed by the
West Virginia Constitution and the United States Constitution when deciding the
comity of a legal decision in a foreign country, the choice of law used for
contractual interpretations and choice of forum; exempting businesses; making
legislative findings; stating public policy; defining a term; and providing a
severability provision?; to the Committee on the Judiciary.
??????????? By
Delegate Rowe:
H.
B. 2770 - ?A Bill to
amend and reenact ?18B-1B-4 of the Code of West Virginia, 1931, as amended; to
amend and reenact ?18B-1D-7 of said code; and to amend and reenact ?18B-2A-4 of
said code, all relating to reducing regulatory control over academic programs
of state institutions; providing that the powers of the Higher Education Policy
Commission and the powers and duties of governing boards generally apply to
state institutions of higher education under their jurisdiction only in so far
as it is necessary to prevent expensive duplication and competition of academic
programs in a region or for support of specified performance higher education
goals?; to the Committee on Education.
??????????? By
Delegates Upson, Espinosa, Statler, Blair, Cooper, Ambler, Householder, Moore,
Butler, Kessinger and Lewis:
H.
B. 2771 - ?A Bill to
amend and reenact ?18A-3-2a of the Code of West Virginia,1931, as amended,
relating to teaching certificates for teachers whose spouses are married to a
member of the Armed Forces who is on active duty stationed in this state?; to
the Committee on Veterans? Affairs and Homeland Security then Education.
??????????? By
Delegates Brewer, Storch, Diserio, Ferro, R. Miller, Lovejoy, Moye, Caputo,
Eldridge, Maynard and Robinson:
H.
B. 2772 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated ?30-41-1 and ?30-41-2, all relating to requiring welders
working in the State of West Virginia to meet certain certification
requirements and to conform to national welding standards?; to the Committee on
Industry and Labor then Government Organization.
House Calendar
Third 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
third reading, coming up in regular order, was, on motion of Delegate Cowles,
tabled.
??????????? 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 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. 34), and there were--yeas 63,
nays 37, absent and not voting none, with the nays being as follows:
??????????? Nays: Ambler, Baldwin, Barrett,
Bates, Boggs, Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans,
Ferro, Fleischauer, Fluharty, Hartman, Hornbuckle, Iaquinta, Isner, Lewis,
Longstreth, Love, Lovejoy, Lynch, R. Miller, Moore, Moye, Pushkin, Pyles,
Robinson, Rodighiero, Rohrbach, Rowe, Sponaugle, Upson, White and Williams.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2506) passed.
??????????? On motion of Delegate Hanshaw, the
title of the bill was amended to read as follows:
Com. Sub. for H. B. 2506 - ?A Bill to amend and reenact ?22-11-7b
of the Code of West Virginia, 1931, as amended, all relating to requiring
permit limits to be calculated using the design flows recommended by the United
States Environmental Protection Agency for the protection of human health;
allowing overlapping mixing zones for calculating permit limits for drinking
water criteria; and clarifying posted signage requirements.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Second Reading
??????????? S. B. 231,
Relating to State Board of Education and Medicaid-eligible children; on second
reading, coming up in regular order, was read a second time.
??????????? On motion of Delegate Westfall, the
bill was amended on page one, following the enacting section by striking out everything
after the enacting section and inserting in lieu thereof the following:
?ARTICLE 2. STATE BOARD OF EDUCATION.
?18-2-5b.
Medicaid eligible children; school
health services advisory committee.
(a)
The state board shall become a Medicaid provider and seek out Medicaid eligible
students for the purpose of providing Medicaid and related services to students
eligible under the Medicaid program and to maximize federal reimbursement for
all services available under the Omnibus Budget Reconciliation Act of 1989, as
it relates to Medicaid expansion and any future expansions in the Medicaid
program for Medicaid and related services for which state dollars are or will
be expended. Provided, That
(b) The state board may
delegate this provider status and subsequent reimbursement to regional
educational service agencies (RESA) and/or county boards.? A county board may decline this
designation if it determines there is not a net benefit after consideration of
costs and time involved with seeking Medicaid reimbursements for eligible
services and that the billing process does not detract from the educational
program.
(c) Annually, no later than
January 1, the state board shall report on a county by county basis
to the Legislature:
(1) The number and age of
children eligible for Medicaid;
(2) The number and age of
children with Medicaid coverage;
(3) The types of Medicaid
eligible services provided;
(4) The frequency of services
provided;
(5) The Medicaid dollars
reimbursed; and
(6) The problems encountered
in the implementation of this system. and that this report shall be on a
county by county basis and made available no later than January 1,1992, and
annually thereafter.
(b) (d) The state board
shall appoint and convene a school health services advisory committee to advise
the Secretary of Health and Human Resources and the state superintendent on
ways to improve the ability of regional education service agencies, local
school boards, and Department of Health and Human Resources employees to
provide Medicaid eligible children with all the school-based Medicaid services
for which they are eligible and to ensure that the school-based Medicaid
service providers bill for and receive all the Medicaid reimbursement to which
they are entitled.
(e) The committee shall
consist of at least the following individuals:
(1) The person within the
Department of Education responsible for coordinating the provision of and
billing for school-based Medicaid services in schools throughout the state, who
shall provide secretarial, administrative and technical support to the advisory
committee;
(2) The person within the
Department of Health and Human Resources responsible for coordinating the
enrollment of Medicaid eligible school children throughout the state;
(3) Two representatives of
regional education services agencies who are experienced with the process of
billing Medicaid for school-based health services;
(4) Two Department of Health
and Human Resources employees responsible for supervising employees;
(5) Two persons jointly
appointed by the Secretary of Health and Human resources and the state
superintendent; and
(6) One representative of the
Governor?s task force on school health.
(f) The school health services
advisory committee shall meet in the first instance at the direction of the
state superintendent, select a chairperson from among its members, and meet
thereafter at the direction of the chairperson. The committee shall report its
findings and recommendations to the state board and Department of Health and
Human Resources, which findings shall then be included in the report to the
Legislature by the state board and Department of Health and Human Resources
provided for in subsection (a) (c) of this section.
(g) All actual and necessary
travel expenses of the members of the committee shall be reimbursed by the member's
employing agency, for those members not employed by a state agency, the
member's actual and necessary travel expenses shall be paid by the state board.
All such expenses shall be reimbursed in the same manner as the expenses of
state employees are reimbursed.?
??????????? The bill was ordered to third
reading.
??????????? Com. Sub. for H. B. 2329, Prohibiting the production,
manufacture or possession of fentanyl; on second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
??????????? Com. Sub. for H. B. 2620, West Virginia Drug Overdose Monitoring
Act; on second reading, coming up in regular order, was read a second time.
??????????? On
motion of Delegate Shott, the bill was amended on page three, section two, line
five, following the word ?compile?, by inserting the words ?and report?.
??????????? The bill was ordered to engrossment
and third reading.
??????????? Com. Sub. for H. B. 2646, Terminating the Women?s Commission and
discontinue its functions; on second reading, coming up in regular order, was
read a second time.
An amendment to the bill, offered by
Delegate Pyles, was reported by the Clerk on page two, section one, lines twenty-four
and twenty-five, by striking out the words ?and shall not exist after June 20,
2018? and inserting in lieu thereof the words ?at such time as the Governor may
decide that the state can no longer afford to fund it.?
??????????? Delegate Pyles then asked and
obtained unanimous consent to offer a reformed amendment on page two, section one,
lines twenty-four and twenty-five, by striking out the words ?and shall not
exist after June 20, 2018? and inserting in lieu thereof the words ?at such
time as the Governor may decide that the state can no longer afford to fund
it.?
??????????? And,
??????????? One page two, section one, line twenty-six
following the word ?code?, by striking out the comma, inserting a period, and
striking out the remainder of the sentence.
??????????? Delegate Fleischauer was addressing
the House when Delegate C. Miller arose to a point of order, stating that the
remarks being delivered by the Gentlelady from the 51st were to the
bill and not to the amendment pending before the House.
??????????? The Speaker reminded the Gentlelady
to confine her remarks to the amendment before the House.
??????????? On
the adoption of the amendment, Delegate Ferro demanded the yeas and nays, which
demand was sustained.
??????????? The yeas and nays having been
ordered, they were taken (Roll No. 35),
and there were--yeas 37, nays 63, absent and not voting none, with the yeas
being as follows:
??????????? Yeas: Baldwin, Barrett, Bates,
Boggs, Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro,
Fleischauer, Fluharty, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Longstreth,
Love, Lovejoy, Lynch, Marcum, Miley, R. Miller, Moye, Pethtel, Pushkin, Pyles,
Robinson, Rodighiero, Rowe, Sponaugle, Thompson, Wagner and Williams.
??????????? So, a majority of the members
present and voting not having voted in the affirmative, the amendment was
rejected.
??????????? The bill was ordered to engrossment
and third reading.
??????????? Com. Sub. for H. B. 2648, Increasing penalties for manufacturing
or transportation of a controlled substance in the presence of a minor; on
second reading, coming up in regular order, was read a second time.
??????????? On
motion of Delegate Shott, the bill was amended on page two, section four
hundred six-a, line one, following the word ?person?, by inserting a comma and
the following ?who is eighteen years old or older?.
??????????? On
page two, section four hundred six-a, line six, following the word ?person?, by
inserting a comma and the following ?who is eighteen years old or older?.
??????????? On
page two, section four hundred six-a, line eleven, following the word ?person?,
by inserting a comma and the following ?who is eighteen years old or older?.
??????????? And,
??????????? On
page two, section four hundred six-a, line sixteen, following the word ?person?,
by inserting a comma and the following ?who is eighteen years old or older?.
??????????? On motion of Delegates Shott and
Folk, the bill was on page seven, section four, line forty-four, subsection
(g), by striking out subsection (g) in its entirety, and inserting a new
subsection (g) in lieu thereof, to read as follows:
?(g) Any
person convicted of a misdemeanor offense under this section:
(1) The Court may require, as part of an imposed sentence, or
as an alternative sentence to that specified in this section, that the person
May be required to complete parenting classes, substance abuse
counseling, drug addiction treatment program, anger management
counseling, or other appropriate services, or any combination thereof, as
determined by Department of Health and Human Resources, Bureau for Children and
Families through its services assessment evaluation, which shall be submitted
to the court of conviction upon written request;
(2) Shall not be required to register pursuant to the requirements
of article thirteen, chapter fifteen of this code; and
(3) Shall not, solely by virtue of the conviction, have their
custody, visitation or parental rights automatically restricted.?
Delegate Marcum asked unanimous consent to amend the bill.
Whereupon, the Delegate asked and obtained unanimous consent to withdraw
his request.
The bill was 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. 2364,
Prohibiting electioneering within or near early voting locations during early
voting periods,
??????????? Com.
Sub. for H. B. 2502,
Relating to reciprocity of occupational licenses with other states,
??????????? Com.
Sub. for H. B. 2619,
Risk Management and Own Risk and Solvency Assessment Act,
??????????? H.
B. 2630, Authorizing
the West Virginia Board of Medicine and the West Virginia Board of Osteopathic
Medicine to share staff,
??????????? Com.
Sub. for H. B. 2651,
Relating generally to standardized testing requirements for nonpublic schools,
And,
??????????? H.
B. 2684, Imposing
penalties for repeat violations of the prohibition against driving under the
influence on a suspended license.
Miscellaneous Business
Delegate Hamilton noted to the Clerk
that he was absent on yesterday when the vote was taken on Roll No. 33, and
that had he been present, he would have voted ?Yea? thereon.
??????????? Delegate O?Neal asked and obtained
unanimous consent that the remarks of Delegate Kessinger regarding the
amendment offered to Com. Sub. for H. B. 2646 be printed in the Appendix to the
Journal.
??????????? Delegate Frich asked and obtained
unanimous consent that the remarks of Delegate Zatezalo today and on February
27th regarding Com. Sub. for H. B. 2506 be printed in the Appendix
to the Journal.
??????????? Delegate Ferro asked and obtained
unanimous consent that the remarks of Delegate Iaquinta during Remarks by
Members today be printed in the Appendix to the Journal.
??????????? Delegate Wilson asked and obtained
unanimous consent that the remarks of Delegate Cooper during Remarks by Members
today be printed in the Appendix to the Journal.
??????????? Delegate Caputo asked and obtained
unanimous consent that the remarks of Delegates Fluharty, Ferro, Love, Pushkin
and Fleischauer regarding Com. Sub. for H. B. 2506 be printed in the Appendix
to the Journal.
??????????? Delegate McGeehan asked and obtained
unanimous consent that remarks of Delegate Folk during Remarks by Members today
be printed in the Appendix to the Journal.??????
Delegate Frich filed a form with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2195.
??????????? Delegate Isner filed a form with the
Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2674.
??????????? Delegate Westfall filed a form with
the Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B.
2729.
??????????? Delegate Nelson filed a form with
the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2736.
??????????? Delegate Fast filed a form with the
Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B. 2688.
??????????? Delegate A. Evans filed forms with
the Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B.
2690 and H. B. 2729.
??????????? Delegate Hill filed forms with the
Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B. 2680
and H. B. 2690.
??????????? Delegate Storch filed a form with
the Clerk?s Office per House Rule 94b to be removed as a cosponsor of H. B.
2768.
At
1:40 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 2,
2017.