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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 (except for Class 1 and 2 environmental contaminants which shall be determined by the stewards or the Commission based upon the facts of the case)

 

            N/A

 

            6

           

Class B

            2

            4

Class C

            1 ½ for first violation with an additional ½ point for each additional violation within 365 days.  Points for NSAID violations only apply when the primary threshold of the NSAID is exceeded.  Points are not to be separately assigned for a stacking violation.

            2 1 for first violation with an additional ½ point for each additional violation within 365 days.

Class D

            ½ 0

            1 0

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

3 5-5.5

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

Permanent 3 years

B

3 2 years

C

2 1 years

D

1 year

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.