__________*__________
Wednesday, March 22, 2017
FORTY-THIRD 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, March 21, 2017, being the first order of business, when the
further reading thereof was dispensed with and the same approved.
Committee Reports
Delegate Ellington, Chair of the
Committee on Health and Human Resources submitted the following report, which
was received:? ?
Your Committee on Health and Human
Resources has had under consideration:??
??????????? Com.
Sub. for S. B. 347, Relating to modernization of Physician Assistant
Practice Act,
And reports the same back, with
amendment, with the recommendation that it do pass, as amended, and with the
recommendation that second reference to the Committee on
the Judiciary be dispensed with.
??????????? In the absence of objection,
reference of the bill (Com. Sub. for S. B. 347) to the Committee on the
Judiciary was abrogated.
??????????? On motion for leave, bills were
introduced (Originating in the Committee on Finance and reported with the
recommendation that they each do pass), which were read by their titles, as
follows:
By
Delegates Gearhart, Nelson, Anderson, Frich,
Butler, Ellington, Westfall, Walters and C. Miller:
??????????? H. B.
3105 - ?A Bill to amend and reenact ?29-22A-10 of
the Code of West Virginia, 1931, as amended; and to amend and reenact ?29-25-22
and ?29-25-22b of said code, all relating to closing certain modernization
funds and distribution of remaining unexpended balances; transferring funds
remaining in the Licensed Racetrack Modernization Fund and the Historic Resort
Hotel Modernization Fund to the General Revenue Fund of the state during the
fiscal year ending June 30, 2017; providing exceptions for recoupment of
certain expenditures for eligible facility modernization improvements from the
Licensed Racetrack Modernization Fund; prohibiting transfer of any moneys from
any source for any purposes to the Licensed Racetrack Modernization Fund; and
closing the Licensed Racetrack Modernization Fund and the Historic Resort Hotel
Modernization Fund,
??????????? And,
By Delegates
Barrett, Storch, Ambler, Espinosa, Rowe, Walters, Westfall, Sponaugle,
Ellington and A. Evans:
H.
B. 3106 - ?A Bill to
amend and reenact ?29-22B-1101 and ?29-22B-1201 of the Code of West Virginia,
1931, as amended, relating to increasing number of limited video lottery
terminals allowed at a licensed limited video lottery retailer; requiring
Lottery Commission to conduct a bid for current permit holders prior to
September 1, 2017; requiring that a public hearing be conducted prior to the
placement of certain video lottery terminals; and requiring the reduction of
the number of approved locations of video lottery terminals.
Delegate Nelson, Chair of the Committee
on Finance, submitted the following report, which was received:
??????????? Your Committee on Finance has had
under consideration:
H.
B. 2878, Increasing the amount of authorized
Federal Grant Anticipation Notes the Division of Highways may apply for,
And reports the same back with the
recommendation that it do pass.
??????????? Delegate Nelson, Chair of the Committee
on Finance, submitted the following report, which was received:
??????????? Your Committee on Finance has had
under consideration:
??????????? H.
B. 2721, Removing the cost
limitation on projects completed by the Division of Highways,
??????????? And reports back a committee substitute
therefore, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2721 ? ?A Bill to amend and reenact ?17-27-5 and ?17-27-9 of
the Code of West Virginia, 1931, as amended, all relating to the public-private
transportation facilities act; reducing the cost threshold limitation on
projects completed by the Division of Highways that are eligible for funding
from the state road fund; extending time limitation by which agreements must be
made; and requiring certain reporting,?
And,
H.
B. 2722, Eliminating the financial limitations
on utilizing the design-build program for highway construction,
And reports back a committee substitute
therefore, with a new title, as follows:
Com.
Sub. for H. B. 2722 ? ?A
Bill to amend and reenact ?17-2D-2 of the Code of West Virginia, 1931, as
amended, relating to increasing the monetary amount that may be expended for
projects using the design-build program for highway construction,?
??????????? With the recommendation that the
committee substitutes each do pass.
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. 3096,
Relating to operation and regulation of certain water and sewer utilities owned
or operated by political subdivisions of the state,
And reports back a
committee substitute therefor, with a new title, as follows:
Com.
Sub. for H. B. 3096 ? ?A Bill to
repeal ?8-16-19 of the Code of West Virginia, 1931, as amended; to amend and
reenact ?16-13A-8 of said code; to amend and reenact ?16-13A-9 of said code; to
amend and reenact ?24-1-1b of said code; to amend and reenact ?24-2-1, ?24-2-3,
?24-2-4b and ?24-2-11 of said code, all relating to operation and regulation of
certain water and sewer utilities owned or operated by political subdivisions
of the state by deleting reference to appeals to the Public Service Commission
from actions of municipal boards that are not subject to the jurisdiction of
the Public Service Commission; relating to the authority of county commissions
to modify proposed rates for certain water and sewer utilities and providing
for complaints to be filed with the circuit courts pertaining to rates and
charges enacted as proposed or as modified or rejected by the county commission
and requiring the circuit court to act within 120 days of receipt of the
complaint; eliminating the Public Service Commission?s authority regarding
stormwater utilities; providing time limits for the filing of requests for investigation
pertaining to political subdivisions of this state providing separate or
combined water and/or sewer services and having at least four thousand five
hundred customers and annual combined gross revenues of $3 million or more and
specifying that the Commission must resolve such investigation requests within
120 days; clarifying the authority of the Public Service Commission to resolve
complaints of customers of water and sewer utilities operated by a political
subdivision of the state having at least four thousand five hundred customers
and annual combined gross revenues of $3 million or more; clarifying the
jurisdiction of the Public Service Commission relating to rates for municipal
water and/or sewer utilities having less than four thousand five hundred
customers or annual combined gross revenues of less than $3 million; and
revising the notice and procedure provisions for construction projects for
political subdivisions of this state providing separate or combined water
and/or sewer services and having at least four thousand five hundred customers
and annual combined gross revenues of $3 million or more,?
With the
recommendation that the committee substitute 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 (Com. Sub. for H. B. 3096) to the Committee on Finance
was abrogated.
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.
2820, Abolishing the Alcohol Beverage Control Commissioner,
And
reports the same back, with amendment, with the recommendation that it do pass,
as amended, but that it first be referred to the Committee on Finance.
??????????? In accordance with the former
direction of the Speaker, the bill (H. B. 2820) was referred to the Committee
on Finance.
Delegate
Ellington, Chair of the Committee on Prevention and Treatment of Substance
Abuse, submitted the following report, which was received:
Your
Committee on Prevention and Treatment of Substance Abuse has had under
consideration:
H. B.
3028, Relating to the Comprehensive
Substance Use Reduction Act,
And
reports the same back, with amendment, with the recommendation that it do pass,
as amended, but that it first be referred to the Committee on Health and Human
Resources.
??????????? In accordance with the former
direction of the Speaker, the bill (H. B. 3028) was referred to the Committee
on Health and Human Resources.
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. 2724, Relating to
responsibilities and functions of the Herbert Henderson Office of Inclusion,
And
reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2724 ? ?A Bill to amend and reenact ?5-26-1
and ?5-26-2 of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated ?5-26-3, all relating to the
Herbert Henderson Office of Minority Affairs; requiring the office to report to
the Select Committee on Minority Affairs; requiring the director to review and
consider any recommendations of the Select Committee on Minority Affairs;
continuing the Minority Affairs Fund; establishing a community-based pilot
demonstration project; providing for funding of a pilot project; setting forth
objectives for the pilot project; and requiring the leveraging of existing
resources,?
H. B. 2804,
Removing chiropractors from the list of medical professions required to
obtain continuing education on mental health conditions common to veterans and
family members,
And
reports back a committee substitute therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2804 ? ?A Bill to amend and reenact ?30-1-7a of the Code of West
Virginia, 1931, as amended, relating to continuing education requirements;
removing continuing education requirements; and removing outdated provisions,?
??????????? H.
B. 2838, Allowing military
veterans who meet certain qualifications to qualify for examination for license
as an emergency medical technician,
??????????? And reports back a committee
substitute therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2838 ? ? A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?30-24-8, relating to qualifications of emergency medical
technicians; establishing an application; allowing military veterans who meet
certain qualifications to qualify for examination for license as an emergency
medical technician; requiring additional training if a certain amount of time has
elapsed; and providing for reexamination in certain circumstances,?
??????????? And,
??????????? H.
B. 2846, Including high school students participating in a competency based
pharmacy technician education and training program as persons qualifying to be
a pharmacy technician trainee,
??????????? And reports back a committee
substitute therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2846 - ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?30-5-11a, all relating to
pharmacy technician trainees; establishing qualifications; requiring a criminal
background check; providing rulemaking authority; and providing emergency
rulemaking authority,?
With
the recommendation that the committee substitutes each do pass.
Delegate
Ellington, Chair of the Committee on Health and Human Resources, submitted the
following report, which was received:
Your
Committee on Health and Human Resources has had under consideration:
H. B. 2745, Adding the examination of Advanced Care Technician,
And reports
the same back with the recommendation that it do pass.
Delegate
Ellington, Chair of the Committee on Health and Human Resources, submitted the
following report, which was received:
Your
Committee on Health and Human Resources has had under consideration:
H. B.
2187, Establishing an advisory council
on rare diseases,
And
reports the same back, with amendment, with the recommendation that it do pass,
as amended, but that it first be referred to the Committee on Finance.
??????????? In accordance with the former
direction of the Speaker, the bill (H. B. 2187) was 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. 3010, Making it a felony to knowingly expose another individual to HIV,
And
reports the same back with the recommendation that it do pass, but that it
first be referred to the Committee on the Judiciary.
??????????? In accordance with the former
direction of the Speaker, the bill (H. B. 3010) was referred to the Committee
on the Judiciary.
Delegate
Shott, Chair of the Committee on the Judiciary, submitted the following report,
which was received:
Your
Committee on the Judiciary has had under consideration:
H. B. 3018, Adding definition of
correctional employee to the list of persons against whom an assault is a
felony,
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.
2941, Requiring the Commissioner of the
Division of Highways to utilize the Attorney General for all legal assistance
and services,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2941 ? ?A Bill to amend and reenact ?17-2A-7 and
?17-2A-8 of the Code of West Virginia, 1931, as amended, all relating to the
Division of Highways utilization of the Attorney General for legal services;
requiring the Commissioner of the Division of Highways to utilize the Attorney
General for all legal assistance and services; and providing for exceptions,"
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. 2850, Relating to product
liability actions,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2850 ? ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?55-7-31,
relating to product liability actions; limiting product liability action
against seller other than the manufacturer of the product except in certain
circumstances; defining terms; and providing an effective date,?
??????????? H.
B. 3064, Allowing vehicles of a size and weight exceeding certain specifications
to operate over specified routes,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 3064 ? ?A Bill to amend and reenact ?17C-17-11 of the Code
of West Virginia, 1931, as amended, relating to permitting the Commissioner of
Highways to issue permits allowing vehicles of a size and weight exceeding
certain specifications to operate over routes specified by the commissioner;
requiring an engineering analysis; providing for maximum gross vehicle weight
of 120,000; limiting routes to specified roads; and authorizing additional
terms and conditions set by the Public Service Commission and the Commissioner
of Highways,?
??????????? And,
??????????? H.
B. 2948, Establishing timelines
for taking final action on certain permits,
And reports back a committee substitute
therefor, with a new title, as follows:
Com.
Sub. for H. B. 2948 ?
?A Bill to amend and reenact ?17C-17A-7 of the Code of West Virginia, 1931, as
amended; to amend and reenact ?19-1A-3a of said code; to amend and reenact
?19-2A-4 of said code; to amend and reenact ?19-9A-3 of said code; to amend and
reenact ?19-12D-7 of said code; to amend and reenact ?19-15-2 of said code; to
amend and reenact ?19-34-6 of said code; to amend and reenact? ?19-35-3 of said code; to amend and reenact
?20-3-5 of said code; to amend and reenact ?20-7A-5 of said code; to amend and
reenact ?21-10-7 of said code; to amend and reenact ?21-12-7 of said code; to
amend and reenact ?21-15-10 of said code; to amend and reenact ?24A-3-3 of said
code; to amend and reenact ?29-3-12 of said code; to amend and reenact ?29-29-4
of said code to amend and reenact ?47-1A-10 of said code; all relating
generally to establishing timelines for taking final action on certain
permits,?
With the recommendation that the
committee substitutes each 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. 2218, H. B. 2219, H.
B. 2220, H. B. 2232, H. B. 2233,? H. B.
2234, H. B. 2235, H. B. 2236, H. B. 2237, H. B. 2239, H. B. 2240, H. B. 2241, H.
B. 2242, H. B. 2243, H. B. 2244, H. B. 2245, H. B. 2246, H. B. 2247, H. B.
2248, H. B. 2249, H. B. 2264, H. B. 2265, H. B. 2266, H. B. 2272, H. B. 2273, H.
B. 2274, H. B. 2275, H. B. 2276, H. B. 2277, H. B. 2278, H. B. 2281, H. B.
2282, H. B. 2285, H. B. 2286, H. B. 2287, H. B. 2288, H. B. 2289, H. B. 2290, H.
B. 2291, H. B. 2292, H. B. 2293, H. B. 2294, H. B. 2295, H. B. 2296, H. B.
2297, H. B. 2298 and H. B. 2299.
And reports back a committee substitute
therefor, with a new title, as follows:
Com.
Sub. for H. B. 2219 ?
?A Bill to amend and reenact ?64-9-1, ?64-9-2,?
?64-9-3, ?64-9-4, ?64-9-5, ?64-9-6, ?64-9-7, ?64-9-8, ?64-9-9, ?64-9-10
?64-9-11, ?64-9-12, ?64-9-13, ?64-9-14, ?64-9-15, ?64-9-16, ?64-9-17, ?64-9-18,
?64-9-19, ?64-9-20 and ?64-9-21 of the Code of West Virginia, 1931, as amended,
all relating generally to the promulgation of administrative rules by various
executive or administrative agencies of the state; authorizing certain agencies
to promulgate certain legislative rules in the form that the rules were filed in
the State Register; authorizing certain agencies to promulgate certain
legislative rules with various modifications presented to and recommended by
the Legislative Rule-Making Review Committee; authorizing certain agencies to
promulgate certain legislative rules with amendments recommended by the
Legislative Rule-Making Review Committee; authorizing certain agencies to
promulgate certain legislative rules with amendments recommended by the
Legislature; directing various agencies to amend and promulgate certain
legislative rules; authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to animal disease control; authorizing the
Commissioner of Agriculture to promulgate a legislative rule relating to
dangerous wild animals; authorizing the Commissioner of Agriculture to
promulgate a legislative rule relating to livestock care standards; authorizing
the Commissioner of Agriculture to promulgate a legislative rule relating to
captive cervid;? authorizing the Board of
Architects to promulgate a legislative rule relating to the registration of
architects; authorizing the Athletic Commission to promulgate a legislative
rule relating to administrative rules of the West Virginia State Athletic
Commission; authorizing the Athletic Commission to promulgate a legislative
rule relating to regulation of mixed martial arts; authorizing the Auditor's
Office to promulgate a legislative rule relating to standards for requisitions
for payment issued by state officers on the Auditor; authorizing the Auditor's
Office to promulgate a legislative rule relating to the procedure for local
levying bodies to apply for permission to extend time to meet as levying body;
authorizing the Board of Barbers and Cosmetologists to promulgate a legislative
rule relating to qualifications, training, examination and certification of
instructors in barbering and cosmetology; authorizing the Board of Barbers and
Cosmetologists to promulgate a legislative rule relating to licensing schools
of barbering, cosmetology, nail technology and aesthetics; authorizing the
Board of Barbers and Cosmetologists to promulgate a legislative rule relating
to operational standards for schools of barbering, cosmetology, hair styling,
nail technology and aesthetics; authorizing the Board of Barbers and
Cosmetologists to promulgate a legislative rule relating to the operation of
barber, beauty, nail and aesthetic shops/salons and schools of barbering and
beauty culture; authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to a schedule of fees; authorizing the
Board of Barbers and Cosmetologists to promulgate a legislative rule relating
to continuing education; authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to barber apprenticeships; authorizing
the Board of Barbers and Cosmetologists to promulgate a legislative rule
relating to waxing specialists; authorizing the Board of Examiners in
Counseling to promulgate a legislative rule relating to licensed professional counselor
fees; authorizing the Board of Examiners in Counseling to promulgate a
legislative rule relating to licensed professional counselor license renewal
and continuing professional education requirements; authorizing the Board of
Examiners in Counseling to promulgate a legislative rule relating to marriage
and family therapist fees; authorizing the Board of Examiners in Counseling to
promulgate a legislative rule relating to marriage and family therapist license
renewal and continuing professional education requirements; authorizing the
Dangerous Wild Animal Board to promulgate a legislative rule relating to
dangerous wild animals; authorizing the board of Dentistry to promulgate a
legislative rule relating to the board; authorizing the Board of Medicine to
promulgate a legislative rule relating to licensing and disciplinary
procedures: physicians; podiatrists; authorizing the Board of Medicine to
promulgate a legislative rule relating to licensure, disciplinary and complaint
procedures, continuing education, physician assistants; authorizing the Board
of Medicine to promulgate a legislative rule relating to the dispensing of
legend drugs by practitioners; authorizing the Board of Optometry to promulgate
a legislative rule relating to continuing education; authorizing the Board of
Osteopathic Medicine to promulgate a legislative rule relating to licensing
procedures for osteopathic physicians; authorizing the Board of Osteopathic
Medicine to promulgate a legislative rule relating to osteopathic physician assistants;
authorizing the Board of Pharmacy to promulgate a legislative rule relating to
the licensure and practice of pharmacy; authorizing the Board of Pharmacy to
promulgate a legislative rule relating to mail-order and non-resident
pharmacies; authorizing the Board of Pharmacy to promulgate a legislative rule,
relating to the registration of pharmacy technicians; authorizing the Board of
Pharmacy to promulgate a legislative rule, relating to a controlled substances
monitoring program; authorizing the Board of Physical Therapy to promulgate a
legislative rule relating to fees for physical therapist and physical therapist
assistant; authorizing the Public Service Commission to promulgate a
legislative rule relating to telephone conduit occupancy; authorizing the Board
of Examiners for Registered Professional Nurses to promulgate a legislative
rule relating to requirements for registration and licensure and conduct
constituting professional misconduct; authorizing the Board of Examiners for
Registered Professional Nurses to promulgate a legislative rule relating to
limited prescriptive authority for nurses in advanced practice; authorizing the
State Board of Sanitarians to promulgate a legislative rule relating to
practice of public health sanitation; authorizing the Secretary of State to
promulgate a legislative rule relating to voter registration at the division of
motor vehicles; authorizing the Secretary of State to promulgate a legislative
rule relating to voter registration list maintenance by the Secretary of State;
authorizing the Board of Social Work Examiners to promulgate a legislative rule
relating to continuing education for social workers and providers; authorizing
the Board of Speech-Language Pathology and Audiology to promulgate a
legislative rule relating to licensure of speech-pathology and audiology;
authorizing the Treasurer's Office to promulgate a legislative rule relating to
procedures for deposit of moneys with the State Treasurer's
Office by state agencies; authorizing the Treasurer's Office to promulgate a
legislative rule relating to selection of state depositories for disbursement
accounts through competitive bidding; authorizing the Treasurer's Office to
promulgate a legislative rule relating to selection of state depositories for receipt
accounts; authorizing the Treasurer's Office to promulgate a legislative rule
relating to procedures for processing payments from the state treasury;
authorizing the Treasurer's Office to promulgate a legislative rule relating to
the procedure for fees in collections by charge, credit or debit card or by
electronic payment; authorizing the Treasurer's Office to promulgate a
legislative rule relating to procedures for providing services to political
subdivisions; and authorizing the Board of Veterinary Medicine to promulgate a
legislative rule relating to standards of practice.
With the recommendation that the
committee substitute do pass.
Reordering of the Calendar
??????????? Delegate Cowles announced that the
Committee on Rules had transferred Com. Sub. for H. B. 2004, on First Reading,
Special Calendar, to the House Calendar, and Com. Sub. for H. B. 2702, on First
Reading, House Calendar, to the Special Calendar.
Messages from the Senate
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
that the Senate had passed, without amendment, a bill of the House of Delegates
as follows:
??????????? H.
B. 2300, Regulating step therapy protocols.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
that the Senate had passed, with amendment, a bill of the House of Delegates,
as follows:
??????????? H.
B. 2766, Establishing a new special revenue fund, designated the Adult Drug
Court Participation Fund.
On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate amendment:
On
page one, section nine-a, line ten, by striking out the word ?Fee?.
??????????? The bill, as amended by the Senate,
was then put upon its passage.
??????????? On
the passage of the bill, the yeas and nays were taken (Roll No. 136), and there were--yeas 99, nays none, absent and not
voting 1, with the absent and not voting being as follows:
??????????? Absent and Not Voting: Hicks.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (H. B. 2766) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 27 - ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?19-35-5, relating to
permitting sale of home-based, micro-processed foods at farmers? markets;
requiring seventy percent from vendor?s garden or farm; requiring recordkeeping
and labeling; clarifying foods requiring permit and exempted foods;
establishing permit requirements and limitations; setting forth permit
inspections and fees; and limiting sales to seven hundred fifty units per
year?; which was referred to the Committee on Health and Human Resources.
??????????? 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. 36 ? ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?18-5-22d, relating to
opioid antagonists; allowing?
schools? to? voluntarily?
maintain? and use opioid
antagonist; providing for the administration of an antagonist by a school nurse
or other trained and authorized nonmedical school personnel for emergency care
or treatment of an adverse opioid event; setting forth notice requirements;
setting forth immunity from liability for schools, school nurses and trained
and authorized nonmedical school personnel; providing for data collection and
reporting requirements; and setting forth rule-making authority to effectuate
the provisions of the section?; which was referred to the Committee on Health
and Human Resources.
??????????? 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. 216 - ?A Bill to amend and reenact ?46A-6-107 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding thereto two
new sections, designated ?46A-6-107a and ?46A‑6‑107b, all relating
generally to warranties for used motor vehicles; providing that a consumer who purchases
a used motor vehicle may waive a warranty as to a particular defect or
malfunction which the merchant has disclosed in writing to the consumer;
providing that a waiver of warranties is not effective unless the waiver
satisfies certain requirements; providing that a used motor vehicle may only be
sold ?as is? under certain circumstances; providing certain disclosure
requirements for ?as is? sales of used motor vehicles; providing that a
consumer shall sign and date the disclosure for an ?as is? sale in order for
the disclosure to be effective; providing that a merchant disclose in writing
certain defects or malfunctions when selling a used motor vehicle ?as is?;
providing that the merchant shall provide the consumer a copy of a nationally
recognized vehicle history report for the used motor vehicle; and providing
that an ?as is? sale of a used motor vehicle waives implied warranties but does
not waive any express warranties?; 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. 219 - ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated
?60A-4-414, relating generally to conspiracy to commit violations of the
Uniform Controlled Substances Act; creating the felony offense of conspiracy to
violate controlled substances law; creating distinct felony offenses of conspiracy
to manufacture, deliver or possess with intent to manufacture or deliver
heroin, cocaine or cocaine base, phencyclidine, lysergic acid diethylamide and
methamphetamine distinguished by the weight of the controlled substance; and
providing criminal penalties?; 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. 341 - ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated
?11-13DD-1, ?11-13DD-2, ?11-13DD-3, ?11-13DD-4, ?11-13DD-5, ?11-13DD-6,
?11-13DD-7, ?11-13DD-8, ?11-13DD-9 and ?11-13DD-10, all relating to establishing
a West Virginia business growth in low-income communities tax credit; providing
title; defining terms; establishing amount of credit allowed; transferability;
certification of qualified equity investment; recapture of tax credits; notice
of noncompliance; letter rulings; new capital requirement; and reporting?;
which was referred to the Committee on Small Business, Entrepreneurship and
Economic Development then Finance.
??????????? 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. 468
- ?A Bill to amend and reenact ?29-22-9 of the Code of West Virginia, 1931, as
amended, relating to removing restrictions on where certain traditional lottery
games may be played?; which was referred to the Committee on the Judiciary then
Finance.
??????????? 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. 480 - ?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 use of energy
efficiency improvements by owners of certain real property; providing for
financing of programs through voluntary property assessments, commercial
lending and other means; authorizing local unit of government to issue bonds,
notes and other evidences of indebtedness and to pay the cost of energy
efficiency improvements from the proceeds thereof; providing for repayment of
bonds, notes and other evidences of indebtedness; authorizing certain fees;
prescribing the powers and duties of certain governmental officers and
entities; and? providing remedies?; which
was referred to the Committee on Government Organization.
??????????? 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. 547 -
?A Bill to amend and reenact ?59-1-2 and ?59-1-2b of the Code of West Virginia,
1931, as amended, all relating to modifying fees to be paid to the Secretary of
State; making fees for limited liability companies to be consistent with
corporations; adding a voluntary fee for businesses to expedite services to be
provided by the Secretary of State; providing that the Secretary of State may set
fees by legislative rule; and removing statutory caps imposed on retaining
funds of the office?; 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 and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 548 - ?A Bill to amend and reenact ?36-8-1 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new
section, designated ?36-8-2a, all relating to providing for the specific
escheat of United States savings bonds and all rights and legal title thereto;
and defining terms?; 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. 564 -
?A Bill to amend and reenact ?18-10M-2, ?18-10M-4, ?18-10M-6, ?18-10M-7 and
?18-10M-8 of the Code of West Virginia, 1931, as amended, all relating to the
Statewide Independent Living Council; making changes required by amendments to
the federal Rehabilitation Act of 1973; modifying the powers and duties of the
council; altering the manner in which appropriations are administered;
specifying funding eligibility criteria; and making conforming amendments?;
which was referred to the Committee on Government Organization.
Petitions
Delegate
Hamilton presented a petition signed by his constituents requesting the
protection of water and air quality; which was referred to the Committee on
Agriculture and Natural Resources.
Unfinished
Business
??????????? The following resolutions, coming up in
regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 10, John Cameron Brown Bridge,
??????????? H. C. R. 19, U.S. Army PFC Freeman Ray Meade
Memorial Road,
??????????? H. C. R. 20, US Army PVT James Earl Pelfrey
Memorial Bridge,
??????????? H. C. R. 21, 1SG Carl J. Crabtree Memorial Road,
??????????? H. C. R. 22, U.S. Air Force MSgt Johnny Baxter
Clark and U.S. Air Force MSgt Carl Richard (Dick) Clark Memorial Bridge,
??????????? H. C. R. 23, U.S. Army SSG Styish R. Morris
Memorial Road,
??????????? H. C. R. 30, U.S. Army PFC Cornelious Wiley
Memorial Bridge,
??????????? H. C. R. 35, Arnold Miller Memorial Bridge,
??????????? H. C. R. 49, U.S. Army PFC Donald Ray Cochran
Memorial Bridge,
??????????? H. C. R. 51, Toby Runyon Memorial Bridge,
??????????? H. C. R. 54, U.S. Army PVT Preston D. Vanscoy
Memorial Bridge,
??????????? H. C. R. 56, U. S. Army CPL George Browning Memorial
Road,
??????????? H. C. R. 62, Webster County Veterans Highway,
??????????? H. C. R. 63, William B. Burgess Memorial Road,
??????????? H. C. R. 68, James Earl Gibson Memorial Road,
??????????? And,
??????????? H. C. R. 73, U S Army Air Corps PVT William James
Irwin, Memorial Bridge.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Third
Reading
??????????? Com.
Sub. for H. B. 2827,
Updating the all payor claims database; 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. 137), 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 (Com. Sub. for H. B. 2827) 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. 2840,
Reorganizing the departments, agencies and commissions within the executive
branch of state government; 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. 138), and there were--yeas
98, nays 1, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Marcum.
??????????? Absent and Not Voting: Pyles.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2840) 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. 2856, Declaring
public policy and legislative intent for improving the marketing, quality and
frequency of passenger rail service of the Cardinal Passenger Train; 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. 139), and there were--yeas
95, nays 5, absent and not voting none, with the nays being as follows:
??????????? Nays: Folk, Howell, McGeehan,
Paynter and Wilson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (H. B. 2856) 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 S. B. 127,
Authorizing Department of Revenue to promulgate legislative rules; on second
reading, coming up in regular order, was read a second time.
??????????? An
amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page one, by striking out everything
after the enacting section and inserting in lieu thereof the following:
?That ?64-7-1, ?64-7-2, ?64-7-3, ?64-7-4
and ?64-7-5 of the Code of West Virginia, 1931, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 7.
Authorization for Department of Revenue to promulgate legislative rules.
?64-7-1. Insurance Commissioner.
(a) The
legislative rule filed in the State Register on August 22, 2016, authorized
under the authority of section ten, article two, chapter thirty-three of this
code, relating to the Insurance Commissioner (adoption of valuation manual, 114 CSR 98), is authorized.
(b) The legislative rule
effective on May 16, 1997, authorized under the authority of section four,
article twenty-five-a, chapter thirty-three of this code, relating to the
Office of the Insurance Commissioner (utilization management, 114 CSR 51), is
repealed.
(c)
The legislative rule effective on December 28, 1981, authorized under the
authority of section ten, article two, chapter thirty-three of this code,
relating to the Office of the Insurance Commissioner (Medicare supplement
insurance coverage, 114 CSR 17), is repealed.
?64-7-2.
Racing Commission.
(a) The
legislative rule filed in the State Register on August 18, 2016, authorized
under the authority of section two, article twenty-three, chapter nineteen of
this code, modified by the Racing Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 19, 2016, relating to the Racing Commission (thoroughbred racing, 178 CSR 01), is authorized with the following amendment:
On pages 91
through 93, by striking out all of subdivision 49.3.m. and inserting in lieu
thereof a new subdivision 49.3.m. to read as follows:
49.3.m.? Multiple Medication
Violations.? A trainer who receives a
penalty for a medication violation based upon a horse testing positive for a
Class 1-5 medication with a Penalty Class A-D C, as provided in
the Uniform Classification Guidelines for Foreign Substances as promulgated by
the Association of Racing Commissioners International (RCI), Version 12.0
(revised January April 8, 2014 2016), set forth in
table 178-1D at the end of this rule, shall be assigned points as follows:
Penalty
Class |
Points if Controlled Therapeutic Substance |
Points if Non-Controlled Substance |
Class A |
??????????? N/A |
??????????? 6 ??????????? |
Class B |
??????????? 2 |
??????????? 4 |
Class C |
??????????? |
??????????? |
Class D |
??????????? |
??????????? |
49.3.m.1. If
the stewards or the Commission determine that the violation is due to environmental
contamination, they may assign lesser or no points against the trainer based
upon the specific facts of the case.
49.3.m.-1 49.3.m.2.? The points assigned to a medication violation
by the stewards? or the Commission?s ruling shall be included in the
Association of Racing Commissioners International official database. and the
The Association of Racing Commissioners International shall assign
record points consistent with the table set forth under subdivision
49.3.m. for advisory purposes for medication violations where points have
not been assigned by regulatory action including, when appropriate, a
designation that the points have been suspended for the medication violation.? Points assigned by such regulatory ruling or
by the Association of Racing Commissioners International shall reflect, in
the case of multiple positive tests as described in paragraph 49.3.m.3, whether
they shall thereafter constitute a single violation.? The stewards? or the Commission?s ruling
shall be posted on the official website of the Commission and within the
official database of the Association of Racing Commissioners
International.? If an appeal is pending,
that fact shall be noted in such ruling.?
No points shall be applied until a final adjudication of the enforcement
of any such violation.
49.3.m.2 49.3.m.3.? A trainer?s cumulative points for violations
in all racing jurisdictions shall be maintained by the Association of Racing
Commissioners International.? Once all
appeals are waived or exhausted, the points shall immediately become part of
the trainer?s official Association of Racing Commissioners International record
and shall be considered by the stewards or the Commission in their
determination to subject the trainer to the mandatory enhanced penalties as provided
in this rule.
49.3.m.3. 49.3.m.4.? Multiple positive tests for the same
medication incurred by a trainer prior to delivery of official notice by the
stewards or the Commission may be treated as a single violation.? In the case of a positive test indicating
multiple substances found in a single post-race sample, the stewards or the
Commission may treat each substance found as an individual violation for which
points will be assigned, depending upon the facts and circumstances of the
case.
49.3.m.4. 49.3.m.5.? The official Association of Racing
Commissioners International record shall be used to advise the stewards or the
Commission of a trainer?s past record of violations and cumulative points.? Nothing in this rule shall be construed to
confer upon a trainer the right to appeal a violation for which the remedies
have been exhausted or for which the appeal time has expired as provided by
West Virginia Code ?? 19-23-16(c) and 19-23-17.
49.3.m.5. 49.3.m.6.? The stewards or the Commission shall consider
all points for violations in all racing jurisdictions as contained in the
trainers? official Association of Racing Commissioners International record
when determining whether the mandatory enhancements provided in this rule shall
be imposed.
49.3.m.6. 49.3.m.7.? In addition to the penalty for the underlying
offense, the following enhancements shall be imposed upon a trainer based upon
the cumulative points contained in his or her official Association of Racing
Commissioners International record:
Points |
Suspension
in days |
|
15 to 30 |
6-8.5 |
45 to 60 |
9-10.5 |
90 to 180 |
11 or more |
180 to 360 |
49.3.m.7. 49.3.m.8.? The multiple medication violation penalty
system is not a substitute for the penalty system otherwise set forth in this
rule and is intended to be an additional uniform penalty when a permit holder:
49.3.m.7.A. 49.3.m.8.A. Has more than one
violation for the relevant time period; and
49.3.m.7.B. 49.3.m.8.B.? Exceeds the permissible number of points.
49.3.m.9.? The stewards and the Commission shall
consider aggravating and mitigating factors, including the trainer?s prior
record for medication violations, when determining the appropriate penalty for
the underlying offense.? The multiple
medication violation penalty is intended to be a separate and additional
penalty for a pattern of violations.
49.3.m.8. 49.3.m.10.? The suspension periods as provided in the
table set forth under paragraph 49.3.m.6. shall run consecutive to any
suspension imposed for the underlying offense.
49.3.m.9. 49.3.m.11.? The stewards? or the Commission?s ruling
shall distinguish between the penalty for the underlying offense and any enhancement
based upon a stewards? or Commission review of a trainer?s cumulative points
and regulatory record, which may be considered an aggravating factor in a case.
49.3.m.10.? 49.3.m.12.? Any trainer who has received a medication
violation may petition the Association of Racing Commissioners International to
expunge the points received for the violation for the purpose of the multiple
medication violation penalty system only.?
The points shall be expunged by the Association of Racing Commissioners
International or upon request of the trainer Points shall expire as
follows:
Penalty
Classification |
Time to
Expungement |
A |
|
B |
|
C |
|
|
|
49.3.m.-13.? In the case of a medication violation that
results in a suspension, any points assessed expire on the anniversary date of
the date the suspension is completed.
(b) The
legislative rule filed in the State Register on August 18, 2016, authorized
under the authority of section six, article twenty-three, chapter nineteen of
this code, modified by the Racing Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on
September 19, 2016, relating to the Racing Commission (pari-mutuel wagering, 178 CSR 05), is authorized. ????
?64-7-3.
Lottery Commission.
The legislative
rule filed in the State Register on August 22, 2016, authorized under the
authority of section four hundred two, article twenty-two-b, chapter
twenty-nine of this code, modified by the Lottery Commission to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on December 7, 2016, relating to the Lottery Commission (limited
video lottery, 179 CSR 5), is authorized with the following amendments:
On page 4, subdivision
2.12.1., after the words ?straight-line feet from?, by inserting the
words ?the closest exterior wall of?;
On page 4,
subdivision 2.12.1., after the word ?engine?, by inserting the words ?as
determined by the commission during the license application review?;
On page 4,
paragraph 2.12.2.a., following the designation ?(ii)?, by striking out
the word ?with? and inserting in lieu thereof the word ?has?;
? On page 4, paragraph 2.12.2.b., following the
words ?requirement in?, by striking out the words ?section 2.12.2.? and
inserting in lieu thereof the words ?this subdivision 2.12.2. of this
subsection.?;
??????????? On page 4, after
paragraph 2.12.2.b., before the words ?The provisions of any? by inserting ?2.12.3.?;
??????????? And,
??????????? On page 4, subdivision 2.12.3. by
striking out ?2.12?.
?64-7-4. Tax Division.
(a)
The legislative rule effective on June 12, 1987, authorized under the authority
of section one, article one-a, chapter eleven of this code, relating to the Tax
Division (listing of interests in natural resources for purposes of first
statewide appraisal, 110 CSR 1B), is repealed.
(b)
The legislative rule effective on May 13, 1987, authorized under the authority
of section twenty-nine-a, article one-a, chapter eleven of this code, relating
to the Tax Division (guidelines for assessors to assure fair and uniform
nonutility personal property values,110 CSR 1C), is repealed.
(c)
The legislative rule effective on June 12, 1987, authorized under the authority
of section one, article one-a, chapter eleven of this code, relating to the Tax
Division (review by circuit court on certiorari, 110 CSR 1D), is repealed.
(d)
The legislative rule effective on June 12, 1987, authorized under the authority
of section one, article one-a, chapter eleven of this code, relating to the Tax
Division (review of appraisals by the county commission sitting as an
administrative appraisal review board, 110 CSR 1E), is repealed.
(e)
The legislative rule effective on May 13, 1987, authorized under the authority
of section one, article one-a, chapter eleven of this code, relating to the Tax
Division (additional review and implementation of property appraisals, 110 CSR
1F), is repealed.
(f)
The legislative rule effective on May 13, 1987, authorized under the authority
of section one, article one-a, chapter eleven of this code, relating to the Tax
Division (review by circuit court on certiorari, 110 CSR 1G), is repealed.
(g)
The legislative rule effective on June 29, 1964, authorized under the authority
of article one, chapter eleven of this code, relating to the Tax Division
(revision of levy estimates, 110 CSR 8), is repealed.
(h)
The legislative rule effective on September 16, 1966, authorized under the
authority of article ten, chapter eleven of this code, relating to the Tax
Division (inheritance and transfer tax, 110 CSR 11), is repealed.
(i)
The legislative rule effective on January 1, 1974, authorized under the
authority of section five-a, article ten, chapter eleven of this code, relating
to the Tax Division (annual tax on incomes of certain carriers, 110 CSR 12A),
is repealed.
(j)
The legislative rule effective on April 4, 1988, authorized under the authority
of section five, article ten, chapter eleven of this code, relating to the Tax
Division (telecommunications tax, 110 CSR 13B), is repealed.
(k)
The legislative rule effective on May 1, 1996, authorized under the authority
of section three, article thirteen-i, chapter eleven of this code, relating to
the Tax Division (tax credit for employing former members of Colin Anderson
Center, 110 CSR 13I), is repealed.
(l)
The legislative rule effective on May 1, 1999, authorized under the authority
of section seven, article thirteen-m, chapter eleven of this code, relating to
the Tax Division (tax credits for new value-added, wood manufacturing facilities,
110 CSR 13M), is repealed.
(m)
The legislative rule effective on May 1, 1999, authorized under the authority
of section seven, article thirteen-n, chapter eleven of this code, relating to
the Tax Division (tax credits for new steel, aluminum and polymer manufacturing
operations, 110 CSR 13N), is repealed.
(n)
The legislative rule effective on May 1, 1995, authorized under the authority
of section five, article ten, chapter eleven of this code, relating to the Tax
Division (business investment and jobs expansion tax credit, corporation
headquarters relocation tax credit and small business tax credit, 110 CSR 13C),
is repealed.
(o)
The legislative rule effective on April 4, 1988, authorized under the authority
of section one, article one-a, chapter eleven of this code, relating to the Tax
Division (appraisal of property for periodic statewide reappraisals for ad
valorem property tax purposes, 110 CSR 1), is repealed.
?64-7-5. Banking Commissioner.
?(a) The legislative rule effective on April
23, 1982, authorized under the authority of section four, article three,
chapter thirty-one-a of this code, relating to the Banking Commissioner (West
Virginia Consumer Credit and Protection Act, 106 CSR 8), is repealed.
(b)
The procedural rule effective on January 10, 1975, authorized under the
authority of section two, article three, chapter thirty-one-a of this code,
relating to the Banking Commissioner (West Virginia Board of Banking and
Financial Institutions, 107 CSR 5), is repealed.?
??????????? The bill was ordered to third
reading.
??????????? The following bills on second
reading, coming up in regular order, were each read a second time and ordered
to engrossment and third reading:
??????????? Com. Sub. for H. B. 2519, Medicaid program compact,
??????????? Com. Sub. for H. B. 2808, The West Virginia Assisted Outpatient
Treatment Act,
??????????? Com. Sub. for H. B. 2857, West Virginia Safer Workplaces Act,
??????????? H. B. 3009, Relating to access by the Office of
Health Facility Licensure and Certification to the Controlled Substances
Monitoring Program database,
??????????? And,
??????????? Com. Sub. for H. B. 3061, Encouraging mastery-based education
through the Innovation In Schools program.
??????????? H.
B. 3089, Relating to
the adoption of instructional resources for use in the public schools; on
second reading, coming up in regular order, was read a second time.
??????????? Delegate Fast moved to amend the bill
page two, section ten, line fifteen, following the words, ?by the state board?
and the period, by striking out the words, ?The state board shall establish a
policy setting forth the criteria required to be included instructional
resources adopted by county boards.?
??????????? Delegate Fast then asked and
obtained unanimous consent to offer a reformed amendment on page two, section
ten, line fifteen, following the words, ?by the state board? and the period, by
striking out the words, ?The state board shall establish a policy setting forth
the criteria required to be included in instructional resources adopted by
county boards.?
??????????? The amendment having been adopted,
the bill was ordered to engrossment and third reading.
First
Reading
??????????? Com.
Sub. for S. B. 306, Supplemental appropriation of federal funds from Treasury
to Workforce West Virginia; on first reading, coming up in regular order, was
read a first time and ordered to second reading.
??????????? Com. Sub. for H. B. 2180, Authorizing the issuance of special
"In God We Trust" motor vehicle registration plates; on first
reading, coming up in regular order, was read a first time and ordered to
second reading.
??????????? Com. Sub. for H. B. 2208, Authorizing counties and municipalities
to establish a joint airport hazard comprehensive plan; on first reading,
coming up in regular order, was read a first time and ordered to second reading.
??????????? Com. Sub. for H. B. 2366, Relating to selling Jackie Withrow
Hospital; on first reading, coming up in regular order, was read a first time
and ordered to second reading.
??????????? Com. Sub. for 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; on first reading, coming up in regular order, was read a
first time and ordered to second reading.
??????????? Com. Sub. for H. B. 2494, Providing that statewide school report
cards are only to be made available to custodial parents and guardians of
students upon request; on first reading, coming up in regular order, was read a
first time and ordered to second reading.
??????????? Com. Sub. for H. B. 2524, Improving the focus on school-level continuous
improvement processes; on first reading, coming up in regular order, was read a
first time.
Delegate Rowe moved, pursuant to the provisions of
House Rule 103, that Com. Sub. for H. B. 2524 be rejected on
First Reading.
The Speaker propounded, ?Shall the bill be rejected??
??????????? On
this question, Delegate Rowe demanded the yeas and nays, which demand was
sustained.? The yeas and nays having been
ordered, they were taken (Roll No. 140),
and there were--yeas 36, nays 64, 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 and Williams.
??????????? So, a majority of the members
present and voting not having voted in the affirmative, the motion that the
bill be rejected on First Reading was not adopted.
The bill was ordered
to second reading.
??????????? Com. Sub. for H. B. 2679, Relating to the possession of firearms
in parks and park facilities; on first reading, coming up in regular order, was
read a first time and ordered to second reading.
??????????? Com. Sub. for H. B. 2709, Authorizing the City of South
Charleston to levy a special district excise tax; on first reading, coming up
in regular order, was read a first time and ordered to second reading.
??????????? Com. Sub. for S. B. 2702, Relating to excused
absences for personal illness from school;
on first reading, coming up in regular order, was read a first time and ordered
to second reading.
??????????? Com. Sub. for H. B. 2734, Authorizing a method for the
collection and remittance of property taxes related to dealers? heavy equipment
inventory; on first reading, coming up in regular order, was read a first time
and ordered to second reading.
??????????? H. B. 2774, Defining special aircraft property; on
first reading, coming up in regular order, was read a first time and ordered to
second reading.
??????????? Com. Sub. for H. B. 2805, Finding and declaring certain claims
against the state and its agencies to be moral obligations of the state; on
first reading, coming up in regular order, was read a first time and ordered to
second reading.
??????????? Com. Sub. for H. B. 2871, Eliminating the mandated employer
versus employee cost share of eighty percent employer, twenty percent employee
for Public Employee Insurance Agency; on first reading, coming up in regular
order, was read a first time and ordered to second reading.
??????????? Com. Sub. for H. B. 3093, Establishing Broadband Enhancement and
Expansion Policies; on first reading, coming up in regular order, was read a
first time and ordered to second reading.
Miscellaneous Business
Delegate Folk asked and obtained
unanimous consent that the remarks of Delegate Hill during Remarks by Members
today be printed in the Appendix to the Journal.
??????????? Delegate Westfall filed forms with
the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 2180
and H. B. 2980.
??????????? Delegate Overington filed a form
with the Clerk's Office per House Rule 94b to be added as a cosponsor of H. B.
3020.
??????????? At 12:34 p.m., on motion of Delegate
Cowles, the House of Delegates recessed until 5:00 p.m.
* * * * * * *
Evening Session
* * * * * * *
??????????? ?The House of Delegates was called to ordered
by The Honorable Tim Armstead, Speaker.
At the request of Delegate Cowles and by
unanimous consent, the House of Delegates returned to the Third Order of
Business for the purpose of receiving committee reports.
Committee Reports
??????????? Mr. Speaker, Mr. Armstead, Chair of
the Committee on Rules, submitted the following report, which was received:
??????????? Your Committee on Rules has had
under consideration:
??????????? H.
C. R. 8, Dr. Roy and Marian Eshenaur Bridge,
??????????? H.
C. R. 25, U.S. Army PVT Charles E. Ellis and U.S. Army PVT Ira V. Ellis
Memorial Bridge,
??????????? H.
C. R. 27, U.S. Army 1LT Patricia Simon Bridge,
??????????? H.
C. R. 46, Blue Demon Bridge,
??????????? H.
C. R. 48, U.S. Army SPC David H. Stamper Memorial Bridge,
??????????? H.
C. R. 58, William C. Campbell Memorial Highway,
??????????? H.
C. R. 66, Sustainability of the state?s current system of higher education,
??????????? And,
??????????? H. C. R. 87,
Deputy Sheriff SGT Justin Alan Thompson Memorial Highway,
??????????? And reports the same back with the
recommendation that they each be adopted.
??????????? Delegate Nelson, Chair of the
Committee on Finance, submitted the following report, which was received:
??????????? Your Committee on Finance has had
under consideration:
??????????? H.
B. 2763, Relating to the approval by the Council for Community and
Technical College Education of acquisitions,
??????????? And reports back a committee
substitute therefore, with the same title, as follows:
??????????? Com.
Sub. for 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,?
??????????? H. B. 2841, Requiring board members to have
attended a board meeting in order to be compensated for the meeting,
??????????? And reports back a committee
substitute therefore, with the same title, as follows:
Com.
Sub. for H. B. 2841 ? ?A Bill to amend the Code of West Virginia,
1931, as amended by adding thereto a new section, designated ?5F-2-8, relating
to requiring board members to have attended a board meeting in order to be
compensated for the meeting; requiring the member to attest to his or her
attendance and it be witnessed; and requiring records be kept for at least five
years,?
And,
H.
B. 2980, Relating to civil lawsuit filing fees
for multiple defendant civil action,
And reports back a committee substitute
therefore, with a new title, as follows:
Com.
Sub. for H. B. 2980 ? ?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated ?15-2-24d; and to amend and reenact ?59-1-11 of said
code, all relating to fees for services rendered by circuit clerks in certain
civil actions; imposing additional fees in certain civil actions that include
two or more named defendants, respondents or third-party defendants; providing
for distribution of the additional fees; and creating a special revenue account
for the purpose of the deposit of portion of the fees,?
??????????? With the recommendation that the
committee substitutes each do pass.
??????????? Delegate Hanshaw, Chair of the Joint
Committee on Enrolled Bills, submitted the following report, which was
received:
??????????? Your Joint Committee on Enrolled
Bills has examined, found truly enrolled, and on the 22nd day of
March, 2017, presented to His Excellency, the Governor, for his action, the
following bills, signed by the President of the Senate and the Speaker of the
House of Delegates:
??????????? Com.
Sub. for S. B. 301, Supplemental appropriation of federal funds from
Treasury to State Board of Education, School Lunch Program,
??????????? And,
??????????? S.
B. 330, Relating to WV Workplace Freedom Act.
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. 2788, Allowing military veterans
with certain military ratings to qualify for examinations required of a
probationary firefighter,
And,
??????????? H. B. 3053, Relating to motor vehicle
lighting,
And
reports the same back with the recommendation that they each do pass.
Delegate Howell, Chair of the Committee
on Government Organization, submitted the following report, which was received:
H.
B. 2346, Relating to
motor vehicle license plates,
??????????? And reports back a committee
substitute therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2346 - ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?17A-3-14a, relating to
motor vehicle license plates; requiring the Commissioner of the Division of
Motor Vehicles to conduct a study on the cost effectiveness of flat license
plates; to study the privatization of the creation and issuance of license
plates; and requiring a report to the Legislative Oversight Commission on
Department of Transportation Accountability,?
??????????? H.
B. 2515, West Virginia Monument and Memorial Protection Act of 2017,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2515 - ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?29-1-8c, relating to the
West Virginia Monument and Memorial Protection Act of 2017; prohibiting the
removal, renaming, alteration, or relocation, of any statue, monument,
memorial, nameplate, plaque, school, street, bridge, building, park, preserve,
or reserve recognized by the West Virginia State Historic Preservation Office
and which is located on public property and has been erected for, or named, or
dedicated in honor of certain historical military, labor, civil rights, and
Native American events, figures, and organizations; prohibiting any person from
preventing the governmental entity having responsibility for maintaining the
items, structures, or areas from taking proper measures to protect, preserve,
care for, repair, or restore the items, structures, or areas recognized by the
West Virginia State Historic Preservation Office; and authorizing the West
Virginia State Historic Preservation Office to grant waivers under certain
circumstances,?
H.
B. 2897, Raising the
amount required for competitive bidding of construction contracts by the state
and its subdivisions,
??????????? And reports back a committee
substitute therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2897 - ?A Bill to amend and reenact ?5-22-1 of the Code of
West Virginia, 1931, as amended, to amend and reenact ?8-16-5 of said code; to
amend and reenact ?16-12-11 of said code; to amend and reenact ?16-13-3 of said
code; to amend and reenact ?16-13A-7 of said code; to amend and reenact
?21-1D-5; and to amend and reenact ?21-11-11 of said code, all relating to
competitive bidding in construction contracts,?
H.
B. 2935, Relating to
state flood protection planning,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2935 - ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new article, designated ?4-15-1; and to amend said
code by adding thereto a new article, designated ?29-30-1, ?29-30-2, ?29-30-3
and ?29-30-4, all relating to state flood protection planning; providing
legislative findings; defining terms; establishing the state Flood Protection
Planning Council; describing certain duties; requiring reports; and
establishing a Joint Legislative Committee on Flooding,?
And,
H.
B. 2949, Exempting
specified Division of Natural Resources? contracts for some replacement, repair
or design for repairs to facilities from review and approval requirements,
??????????? And reports back a committee
substitute therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2949 - ?A Bill to amend and reenact ?20-1-7 of the Code of
West Virginia, 1931, as amended; and to amend and reenact ?20-5-15 of said
code, all relating to exempting Division of Natural Resources? contracts for
the replacement, repair or design of repairs to revenue-producing facilities
and related infrastructure where protecting public safety or public enjoyment
and use of the facilities from the Purchasing Division; and exempting
intergovernmental cooperative agreements and operational contracts for Prickett?s
Fort from review and approval requirements of the Purchasing Division,?
With the recommendation that the
committee substitutes each 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. 3101, Creating a misdemeanor for violation of catching, taking or
killing fish within two hundred feet of agency personnel stocking fish into
public waters,
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. 2794, Relating to the means of giving notice to a debt collector of a
consumer?s representation by legal counsel,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2794 ? ?A Bill to amend and reenact ?46A-2-128 of
the Code of West Virginia, 1931, as amended, relating to the means of giving
notice to a debt collector of a consumer?s representation by legal counsel,"
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. 2799, Prohibiting the
superintendent of schools from requiring a physical examination to be included
to the application for a minor?s work permit,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2799 ? ?A Bill to amend and reenact ?21-6-3 of the Code of West Virginia, 1931, as amended, all
relating generally to the issuance of a minor?s work permit; prohibiting the
superintendent of schools from requiring a physical examination to be included with the application
for a minor?s work permit unless required by the prospective employer; and
removing the requirement that the superintendent of schools certify that the
minor personally appeared before him or her prior to the issuance,
modification, or rejection of a work permit,?
And,
??????????? H.
B. 3020, Relating to criminal penalties for the offenses of hunting,
trapping or fishing on the lands of another person,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 3020 ? ?A Bill to amend and reenact ?20-7-9 of the Code of
West Virginia, 1931, as amended, relating to criminal penalties for the offense
of hunting, trapping or fishing on the lands of another person; criminal
penalties for the offense of entering on to posted lands; criminal penalties
for the offense of destroying posted land signs; and setting those criminal penalties for such offenses to be
equivalent to those of the offense of criminal trespass,?
With the recommendation that the
committee substitutes each 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. 243 - ?A Bill to amend and reenact ?48-6-301 of the Code of
West Virginia, 1931, as amended; and to amend and reenact ?48-9-205 and
?48-9-206 of said code, all relating to domestic relations; removing language
related to child support from code section governing the awarding of spousal
support and separate maintenance; directing court to consider certain factors
to decide amount and duration of spousal support and separate maintenance;
providing alimony guideline worksheet for calculating monthly payments;
permitting court to disregard or adjust guideline-based award for good cause
shown; requiring court to state reason for deviation on record and in writing;
setting forth purpose of requiring court to give reason for deviation; removing
the 24-month timeframe for a description of the allocation of caretaking and
other parenting responsibilities performed from the matters contained in
permanent parenting plan; directing court to allocate custodial responsibility
so that custodial time spent with each parent achieves certain objectives;
directing courts to consider which parent will encourage and accept a positive
relationship between child and other parent and which parent is more likely to
keep other parent involved in child?s life and activities; and eliminating
language prohibiting court from considering divisions of functions arising from
temporary arrangements after separation in determining proportion of caretaking
functions each person previously performed for child?; 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. 288 - ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?61-8D-1a; and to amend
and reenact ?61-8D-2a of said code, all relating to naming the law and
increasing the penalty for death of child by a parent, guardian, custodian or
other person by child abuse to an indeterminate term of fifteen years to life?;
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. 360 - ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated
?16-5Z-1, ?16-5Z-2, ?16-5Z-3, ?16-5Z-4, ?16-5Z-5 and ?16-5Z-6, all relating to
creating the Legislative Coalition on Diabetes Management; setting forth
findings and purpose; providing for administrative functions of the coalition
to be performed by legislative staff; setting forth membership of the
coalition; providing for appointments to be made by the President of the Senate
and the Speaker of the House of Delegates; setting forth powers and duties of
the coalition; setting forth required reporting; setting forth reporting data
elements; requiring state entities to cooperate with the coalition in its
duties; providing for compensation of members; and providing a sunset date?;
which was referred to the Committee on Health and Human Services then
Government Organization.
??????????? 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. 398 - ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated
?29-30-1, ?29-30-2, ?29-30-3, ?29-30-4, ?29-30-5, ?29-30-6, ?29-30-7, ?29-30-8,
?29-30-9, ?29-30-10 and ?29-30-11, all relating to creating the Emergency
Volunteer Health Practitioners Act; defining terms; providing for applicability
of the article; regulating the practice of volunteer health practitioners
during an emergency; creating a registration system; granting reciprocity to
licenses issued to volunteer health practitioners in other states during an
emergency; allowing for credentialing and privileges of a volunteer health
practitioner; providing for sanctions; relating article to other laws of the
state; providing for limitation of liability; allowing volunteer health
practitioners to collect workers? compensation; and providing for rulemaking by
the Secretary of the Department of Health and Human Resources?; which was referred
to the Committee on Health and Human Resources then the Judiciary.
At 5:29 p.m., the House of Delegates
adjourned until 11:00 a.m., Thursday, March 23, 2017.