__________*__________
Friday, March 24, 2017
FORTY-FIFTH 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 Thursday, March 23, 2017, being the first order of business, when
the further reading thereof was dispensed with and the same approved.
Reordering of the Calendar
??????????? Delegate Cowles announced that the
Committee on Rules had transferred Com. Sub. for H. B. 2004, Com. Sub. for H.
B. 2763, Com. Sub. for H. B. 2799, Com. Sub. for H. B. 2850 and Com. Sub. for
H. B. 3096 on First Reading, House Calendar, to the Special Calendar.
Committee Reports
Delegate Shott, Chair of the Committee
on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had
under consideration:
??????????? H.
B. 2704, Prohibiting persons
convicted of sexual offenses against children with whom they hold positions of
trust from holding certification or license valid in public schools,
And reports back a committee substitute
therefor, with a new title, as follows:
Com.
Sub. for H. B. 2704 ?
?A Bill to amend and reenact ?18A-3-6
and ?18A-3-10 of the Code of West Virginia, 1931, as amended, all relating
generally to the licensure or certification of teachers, providing that a teacher convicted under chapter sixty-one, article eight-d,
section five shall have his or her certificate or license automatically revoked and permitting the
West Virginia Department of Education to require a licensee submit to
fingerprints that may be analyzed by the State Police for a
state criminal history record check through the central abuse registry and then
forwarded to the federal bureau of investigation for a national criminal
history record check when the licensee has lived outside of the State of West
Virginia for a period of one year or more since his or her licensure, or the
West Virginia Department of Education or the school administrator has a
reasonable belief that the licensee has not notified the school administrator
of any felony conviction, conviction of any offense under chapter sixty-one,
article eight-b of this Code, or offenses of similar nature to those in chapter
sixty-one, article eight-b of this Code that have been established under any
other state or the United States,??
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. 2109, Relating to the West Virginia Land Reuse Agency Authorization Act.
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2109 ? ?A Bill
to amend and reenact ?31-18E-9 of the Code of West Virginia, 1931, as amended,
relating to the West Virginia Land Reuse Agency Authorization Act; including a
municipal land bank as an agency that may acquire property; providing that a
municipal land bank may have the right of first refusal to buy certain tax
delinquent property, within municipal limits, for taxes owed and any related
fees before the tax delinquent property is placed for public auction at tax
sales,"
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. 2520, Prohibiting the use of a
tanning device by a person under the age of eighteen,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2520 ? ?A Bill to amend and reenact ?16-45-3 of
the Code of West Virginia, 1931, as amended, relating to prohibiting the use of
a tanning device by a person under the age of eighteen,"
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. 2654, Expanding county
commissions? ability to dispose of county or district property,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2654 ? ?A Bill to amend and reenact ?7-3-3 of the Code of
West Virginia, 1931, as amended, relating to expanding county commissions?
ability to dispose of county or district property; adding the ability of county
commissions to grant such property to 501(c)(3) tax exempt organizations
operated exclusively for charitable, educational or scientific purposes; noting
that such sales are not required to be made considering the property?s present
commercial or market value; setting a minimum value for such sales; revising
the requirement that property conveyed to volunteer fire department or
volunteer ambulance service reverts back to county commission following
termination of use to account for the 501(c)(3) tax exempt organizations
operated exclusively for charitable, educational or scientific purposes; and,
to provide that such reversionary right may be disclaimed by the county
commission,?
And,
??????????? H.
B. 2781, Requiring a person
desiring to vote to present documentation identifying the voter to one of the
poll clerks,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2781 ? ?A Bill to amend and reenact ?3-1-34 of the Code of
West Virginia, 1931, as amended; and to amend and reenact ?3-2-11 of said code,
all relating to voting procedures; setting forth the effective date for voter
identification requirements passed in the 2016 Legislative session; removing
the requirement that the Division of Motor Vehicles forward information of
persons who decline voter registration to the Secretary of State; amending the
effective date for voter registration requirements passed in the 2016
Legislative session; and, providing that the Division of Motor Vehicles shall
report to the Joint Committee on Government and Finance by January 1, 2018 with
a full and complete list of all infrastructure they require to achieve certain
purposes,?
With the recommendation that the
committee substitutes each 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. 2720, Allowing the School Building Authority to transfer funds allocated
into the School Construction Fund,
??????????? And reports back a committee
substitute therefore, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2720 ? ?A Bill to amend and reenact ?18-9D-3 and ?18-9D-9 of the Code
of West Virginia, 1931, as amended, all relating to the funding of the School
Building Authority operational costs; continuing a special revenue account,?
??????????? H.
B. 2776, Creating of special
revenue funding sources for the Division of Labor,
??????????? And reports back a committee
substitute therefore, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2776 ? ?A Bill to amend and reenact ?21-3-7 of the Code of
West Virginia, 1931, as amended; to amend and reenact ?21-3C-11 of the said
code; to amend and reenact ?21-3D-8 of said code; to amend and reenact ?21-5-5c
of said code; to amend and reenact ?21-14-9 of said code; to amend and reenact
?21-16-10 of said code; to amend and reenact ?47-1-8, ?47-1-20, ?47-1-21 and
?47-1-22 of said code; and to amend and reenact ?47-1A-10 and ?47-1A-14 of said
code, all relating generally to the Division of Labor; establishing ?Steam
Boiler Fund?; establishing ?HVAC Fund?; establishing ?Plumbing Work Fund?;
establishing ?Psychophysiological Examiners Fund?; establishing ?Bedding and
Upholstery Fund?; requiring the commissioner to charge certain fees for steam
boilers; authorizing the commissioner to promulgate legislative and emergency
rules to administer and enforce fees on service persons and service agencies
and businesses using weighing and measuring devices; directing civil penalty
fees to the Weights and Measures Fund; removing requirement that the
commissioner approve applications for sterilization permits held in states
other than West Virginia only after personal inspection of such sterilizer or
disinfector; increasing maximum fees for the issuance of certificates of
operation of elevators; establishing certain late fees; establishing certain
reissuance fees for revoked or expired permits; increasing certain fees for
sterilizers, manufacturers, shippers or sellers of bedding or upholstery,
upholsters and renovators; and authorizing the commissioner to promulgate
legislative rules,?
??????????? ?H. B. 2961, Relating generally to charitable bingo games and charitable
raffles,
??????????? And reports back a committee
substitute therefore, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2961 ? ?A Bill to amend and reenact ?47-20-23 and
?47-20-31 of the Code of West Virginia, 1931, as amended; and to amend and
reenact ?47-21-21 and ?47-21-30 of said code, all relating to appeals of
certain administrative actions taken by the Tax Commissioner affecting certain
charitable bingo or charitable raffle licensees,?
??????????? H.
B. 3048, Relating to collection
of Tier II fees for chemical inventories,
??????????? And reports back a committee
substitute therefore, with the same title, as follows:
??????????? Com.
Sub. for H. B. 3048 ? ?A Bill to amend and reenact ?15-5A-5 of the Code of
West Virginia, 1931, as amended, relating to collection of Tier II fees for
chemical inventories,?
??????????? And,
??????????? H.
B. 3102, Relating to selling
Hopemont Hospital,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 3102 ? ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated ?9-5-26, relating to the
selling of a certain state owned health care facility and appurtenances by the
Secretary of the Department of Health and Human Resources; ensuring the
transfer of existing patients and the construction of a replacement facility;
exempting certain laws; creating a fund; implementing a benefits package for
employees; and providing statutory construction,?
??????????? ?With the recommendation that the committee
substitutes each 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. 2963, Eliminating tax lien waiver
requirement for estates of nonresidents,
??????????? And reports the same back, with a
title amendment, with the recommendation that it do pass, as amended.
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. 2962, Enlarging the authority of the Tax Commissioner
to perform background investigations of employees and contractors,
H.
B. 2967, Relating generally to administration
of estates and trusts,
And,
H.
B. 3091, Relating generally to employer
withholding taxes,
And reports the same back with the recommendation
that they each do pass.
Messages from the Executive
??????????? Mr.
Speaker, Mr. Armstead, presented a communication from His Excellency, the
Governor, advising that on March 23, 2017, he approved Com. Sub. for H. B. 2167, Com. Sub. for H. B. 2301, H. B. 2431, Com.
Sub. for H. B. 2542, H. B. 2590 and
H. B. 2594.
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. 339 - ?A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new article, designated ?16-52-1, ?16-52-2,
?16-52-3, ?16-52-4, ?16-52-5 and ?16-52-6, all relating to creating a
legislative coalition on chronic pain 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; providing for compensation of members; and providing a sunset date?; 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. 362 - ?A Bill to amend and reenact ?23-2C-3
of the Code of West Virginia, 1931, as amended; and to amend and reenact
?29-22A-10d and ?29-22A-10e of said code, all relating to authorizing the
redirection of certain amounts to the General Revenue Fund; authorizing the
redirection of amounts collected from certain surcharges and assessments on
workers? compensation insurance policies for periods prior to July 1, 2018;
changing the amount of premium surcharge to be paid by the self-insured
employer community into the Workers? Compensation Debt Reduction Fund; and
authorizing the redirection of amounts collected from certain deposits of
revenues from net terminal income for periods prior to July 1, 2018.?
??????????? At the respective requests of
Delegate Cowles, and by unanimous consent, reference of the bill (Com. Sub. for
S. B. 362) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 382 - ?A Bill to amend and reenact ?17-24A-4
of the Code of West Virginia, 1931, as amended; and to amend and reenact
?17A-4-10 of said code, all relating to certificates of title and registration
for motor vehicles; allowing licensed automobile auctions to obtain title to
abandoned or junked motor vehicles; making technical corrections; allowing
insurance companies to obtain salvage certificates, cosmetic total loss salvage
certificates or nonrepairable motor vehicle certificates to motor vehicles for
which a total loss claim was paid; allowing licensed automobile auction to
obtain salvage certificates or nonrepairable motor vehicle certificates to
certain vehicles; specifying application requirements that require the Division
of Motor Vehicles to issue certificates; and requiring applicant to indemnify
and hold harmless the division from liability due to error or misrepresentation
of applicant.?; 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. 414 - ?A Bill to repeal ?17-16B-1,
?17-16B-2, ?17-16B-3, ?17-16B-4, ?17-16B-5, ?17-16B-6, ?17-16B-7, ?17-16B-7a,
?17-16B-7b, ?17-16B-8, ?17-16B-9, ?17-16B-10, ?17-16B-11, ?17-16B-12,
?17-16B-13, ?17-16B-14, ?17-16B-15, ?17-16B-16, ?17-16B-17, ?17-16B-18,
?17-16B-19, ?17-16B-20, ?17-16B-21 and ?17-16B-22 of the Code of West Virginia,
1931, as amended;? to repeal ?29-2A-1,
?29-2A-2, ?29-2A-3, ?29-2A-3a,?
?29-2A-4,? ?29-2A-5, ?29-2A-6,
?29-2A-7, ?29-2A-8, ?29-2A-9, ?29-2A-10, ?29-2A-11, ?29-2A-11a, ?29-2A-11b,
?29-2A-11c, ?29-2A-11d,? ?29-2A-11e,
?29-2A-11f, ?29-2A-12, ?29-2A-13, ?29-2A-14, ?29-2A-17, ?29-2A-18, ?29-2A-19,
?29-2A-20, ?29-2A-21, ?29-2A-22, ?29-2A-23, ?29-2A-24, ?29-2A-25, ?29-2A-26,
?29-2A-27 and ?29-2A-28 of said code; to repeal ?29-18-1, ?29-18-2, ?29-18-3,
?29-18-4, ?29-18-4a, ?29-18-5, ?29-18-6, ?29-18-7, ?29-18-8, ?29-18-9,
?29-18-10, ?29-18-11, ?29-18-12, ?29-18-13, ?29-18-14,? ?29-18-15, ?29-18-16, ?29-18-17, ?29-18-18,
?29-18-19, ?29-18-20, ?29-18-21, ?29-18-22, ?29-18-23, ?29-18-24 and ?29-18-25
of said code; to amend and reenact ?5F-2-1 of said code; and to amend said code
by adding thereto a new article, designated ?17-16F-1, ?17-16F-2, ?17-16F-3,
?17-16F-4, ?17-16F-5, ?17-16F-6, ?17-16F-7, ?17-16F-8, ?17-16F-9, ?17-16F-10,
?17-16F-11, ?17-16F-12, ?17-16F-13, ?17-16F-14, ?17-16F-15, ?17-16F-16,
?17-16F-17, ?17-16F-18, ?17-16F-19, ?17-16F-20, ?17-16F-21, ?17-16F-22, ?17-16F-23,
?17-16F-24, ?17-16F-25, ?17-16F-26, ?17-16F-27, ?17-16F-28, ?17-16F-29,
?17-16F-30, ?17-16F-31, ?17-16F-32, ?17-16F-33, ?17-16F-34, ?17-16F-35 and
?17-16F-36, all relating to creating the Division of Multimodal Transportation;
combining the powers and duties and eliminating certain references to the
Public Port Authority, the West Virginia State Rail Authority and the state
Aeronautics Commission; providing for legislative findings and creation of the
division; transferring employees, equipment, assets, liabilities, contracts,
agreements, functions and duties to the division; providing for all property
currently held by the Public Port Authority, the West Virginia State Rail
Authority and the state Aeronautics Commission to be transferred to the division;
authorizing the Secretary of the Department of Transportation to appoint the
director; providing for qualifications for the director; establishing general
powers and duties of the director; defining terms; establishing the powers and
duties of the division generally; requiring division to? promote, supervise and support safe, adequate
and efficient transportation, preserve rail, water and airway facilities and
promote economic development and tourism; authorizing division to work
cooperatively with similar entities within and without the state; providing for
siting, development and operation of facilities; authorizing employment of
trained and qualified staff and consultants and compensating therefor;
providing the right to enter into contracts and agreements; authorizing
acquisition of various types and interests in property to be held in the name
of the state; authorizing use of eminent domain; authorizing acquisition and
disposal of property by various means; authorizing interagency cooperation;
authorizing division to act on behalf of the state in planning, financing,
development, construction and operation of port, railroad and aeronautic
projects or facilities; reporting annually to Legislature on status of
projects, operations, finances and related information; authorizing study and
assessment of state transportation needs; authorizing use of various financing
options including issuing revenue bonds and receipt of grants and loans;
authorizing division to make grants and loans to governmental agencies and
persons for multimodal transportation projects; permitting collection of
reasonable fees and charges connected to making and servicing loans, notes,
bonds and other obligations; granting rule-making authority to the division;
continuing all rules, policies and orders of the combined entities until
revised and reissued by the division; requiring strategic plan and reports to
the Governor and the Legislature; requiring collection and analysis of shipping
through state ports; providing for confidentiality of collected information and
providing criminal penalty for violation; providing that division employees may
not have direct or indirect financial interest in contracts, sale of property
of the division and providing criminal penalty for violation; providing that
activities of division are for public purpose; authorizing the division to use
certain property or facilities of a public utility, common carrier, public road
or railroad for certain public projects; requiring the division to relocate any
such property or facilities; providing for rules regarding relocation or
removal of railroad or public utility located on division property; requiring
the division to pay for said relocation or removal; encouraging participation
of private enterprise in construction and operation of facilities; authorizing
lease back to division; authorizing development of foreign trade zones, free
trade zones, ports of entry and customs zones; providing for specific duties
related to port projects; authorizing the division to act on behalf of the
state in developing, operating, improving and maintaining ports; authorizing
the division to coordinate and cooperate with other port entities; creating the
West Virginia Multimodal Operations Fund and transference of funds and liabilities
of the West Virginia Public Port Authority Operations Fund; eliminating local
port authority districts; providing for specific duties related to rail
projects; authorizing the exercise of powers necessary to qualify for federal
subsidies; authorizing various means to carry out rail projects that are
consistent with state plan with other entities; providing authority for the
division to establish, fund, construct, reconstruct, acquire, repair, replace,
operate, maintain and make available to other entities railroad projects;
providing that research and development of railroads may be conducted;
providing that contracts may be entered into to acquire various rolling stock,
equipment or trackage and providing the requirements therefor; providing for
the authority to enter into agreements that are beneficial to railroad projects
notwithstanding other code provisions, including the authority to reject bids;
authorizing division to purchase various types of insurance; authorizing the
collection of fees for use of rail projects; providing for the administration
and coordination of a state plan, including the distribution of federal
subsidies; providing for investigation, research, promotion and development
with public participation; authorizing the provision of fiscal assurances and
adoption of accounting procedures necessary to continue subsidies; authorizing
compliance with applicable federal regulations; authorizing all actions
necessary to maximize federal assistance for rail subsidies; providing powers
necessary to coordinate with the Maryland Transit Administration for continued
operation in the state, including negotiation and contracting authority;
providing that any commuter rail operation agreement will meet certain service
standards; providing that any track access fees to be paid pursuant to the
agreement shall be paid from the West Virginia Commuter Rail Access Fund;
authorizing sale or transfer of interest in rail property with federal approval
when required; authorizing assistance to entities seeking federal railroad
service certification, including the provision of any necessary assurances or
guarantees; authorizing division to retain attorney or others to title
ownership of rail properties within the state; requiring rail properties
offered for sale within the state to be offered first to the state; providing
that division may acquire railroad rights in other states and may cooperate
with other states in so purchasing any rail properties; providing for the
division to give consideration to county or municipality interest in acquiring
abandoned property interest and providing for the division to acquire any such
abandoned property for subsequent conveyance to a county or municipality;
authorizing the division to apply for and utilize federal funds or loans in
carrying out its purposes of this article; authorizing the purchase of any
railroad rolling stock, equipment and machinery necessary for the operation and
maintenance of state rail properties and authorizing contracts with the
Division of Highways for maintenance or purchase of vehicles; authorizing
maintenance, rebuilding or relocation of state rail properties and authorizing
expenditures for the modernization, rebuilding and relocation of any rail
properties owned by the state or private carrier; providing for contracting
with domestic or foreign entities to provide, maintain or improve rail
transportation service on state rail properties; providing for transfer of rail
properties to other entities within the state when permitted by the Governor;
authorizing the division to resolve conflicts when multiple entities want to
utilize the same rail property; providing for proceeds from the sale of state
rail property to be deposited in Railroad Maintenance Fund; terminating
Railroad Maintenance Authority Fund and creating a Railroad Maintenance Fund
for proceeds and expenditures related to division?s purpose; authorizing
expenditure from any fund for study of proposed rail projects and use of funds
from Railroad Maintenance Fund for study and engineering costs; authorizing the
issuance of railroad maintenance revenue bonds and notes for costs of rail
projects, including issuance of renewal notes and bond refund, with aggregate
amount of all issues of bonds and notes outstanding at one time not exceeding
amount capable of being serviced by revenues received; providing that issues of
bonds or notes are negotiable instruments and are obligations of the division
and are payable out of the revenues which are pledged for such payment;
providing for maturity date, terms of execution, sale, redemption and delivery;
authorizing the establishment of various conditions necessary to secure
sufficient funds to protect bonds or notes; providing that person executing
bonds or notes is not personally liable therefor; providing for trust agreement
to secure bonds issued by division and creating conditions therefor, not
including mortgage of any rail project; allocating expenses of bond issuance or
trust agreement to rail projects; providing for civil action for bondholders
seeking to enforce rights granted; providing that bonds are payable from
division revenues and are not a debt of state or political subdivision;
restricting division from incurring debt on behalf of state or political
subdivision; authorizing use of proceeds from bonds to carry out division?s
powers and prohibiting commingling with other funds; providing for the
investment of excess funds by West Virginia State Board of Investments;
authorizing division to collect rents or revenues for use of rail projects;
providing for cooperation with other governmental agencies to effect
acquisition of rail project or bond issuance; authorizing division to maintain
rail projects in good repair; providing that railroad maintenance bonds are
lawful investments for various entities; continuing West Virginia Commuter Rail
Access Fund which is administered by division director; requiring division to
establish a state rail plan that complies with federal requirements for
funding; providing for specific duties related to aeronautics projects;
authorizing division to advance development of aeronautics in? cooperation with municipalities; authorizing
rules necessary for public safety related to airports and aeronautics;
providing for the expenditure of funds for various needs of Civil Air Patrol;
authorizing division to fund grants for public airport authorities; authorizing
division to receive federal funding to support airports or air navigation
facilities; providing for procedures and conditions for use of federal funds;
requiring a federal license to operate an aircraft; allowing for the use of
state and municipal facilities and services; disposing of fees collected under
this code section; and a severability clause?; which was referred to the
Committee on Roads and Transportation 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. 461 - ?A Bill to amend and reenact ?5A-3-1
and ?5A-3-3 of the Code of West Virginia, 1931, as amended, all relating to
exempting the West Virginia State Police from state purchasing requirements;
requiring the Legislative Auditor to audit purchasing made by the West Virginia
State Police and report the findings to the Joint Committee on Government and
Finance; and requiring the West Virginia State Police report to the Joint
Committee on Government and Finance on the effects of exempting said agency
from state purchasing requirements?; which was referred to the Committee on
Finance.
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 467 - ?A Bill to amend and reenact
?29-22B-903 and ?29-22B-1408 of the Code of West Virginia, 1931, as amended,
all relating generally to limited video lottery; increasing the maximum wager
permitted per limited video lottery game; removing restrictions on bill
denominations accepted by limited video lottery terminals; and fixing the state?s
share of gross terminal income at fifty percent?; 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. 472 - ?A Bill to amend and reenact
?20-2-22a, ?20-2-23, ?20-2-24 and ?20-2-26 of the Code of West Virginia, 1931,
as amended, all relating to outfitters and guides; setting forth license fees;
creating special bear outfitter guide license for certain areas; clarifying
when license may be issued; and making technical corrections?; which was
referred to the Committee on Agriculture and Natural Resources then the
Judiciary.
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 479 - ?A Bill to amend and reenact ?60-3-12
of the Code of West Virginia, 1931, as amended; and to amend and reenact
?60-3A-17, ?60-3A-18 and ?60-3A-25 of said code, all relating to the regulation
of liquor sales; providing for the days on which state stores and agencies may
be open; eliminating the prohibition on the sale of liquor by retail licensees
on any Sundays; providing for when retail licensees may not sell liquor on
Sundays and other days; and providing that the wholesale markup on all liquor,
other than wine, shall be a maximum of twenty-eight percent?; which was
referred to the Committee on Government Organization then the Judiciary.
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
??????????? Com. Sub. for S. B. 499 - ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated
?14-1A-1, ?14-1A-2 and ?14-1A-3, all relating to creating the Debt Resolution
Services Division within the Auditor?s office; providing for powers and duties
of the division; defining terms; providing for administration of division;
authorizing the offset of a payment due to a vendor, contractor or taxpayer
from the state to satisfy an outstanding obligation owed by them to the state;
authorizing the administration of the United States Treasury Offset Program;
providing for responsibilities of the State Tax Commissioner and spending units
of the state; providing for the adoption of procedures, forms, and agreements;
and directing the deposit of moneys offset?; 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, to take effect from passage, and requested the
concurrence of the House of Delegates in the passage, of
??????????? Com. Sub. for S. B. 523 - ?A Bill to amend and reenact ?4‑2A‑2
of the Code of West Virginia, 1931, as amended; to amend and reenact ?11B‑2‑12
of said code; to amend and reenact ?12‑3‑12a and ?12‑3‑13b
of said code; to amend and reenact ?15‑2‑5 of said code; to amend
and reenact ?18‑3‑1 of said code; to amend and reenact ?20‑1‑5
of said code; to amend and reenact ?20‑7‑1 of said code; to amend
and reenact ?22C‑1‑4 of said code; to amend and reenact ?24‑1‑3
of said code; to amend and reenact ?24A‑6‑6 of said code; to amend
and reenact ?24B‑5‑2 of said code; to amend and reenact ?25‑1‑19
of said code; to amend and reenact ?31‑19‑4 of said code; to amend
and reenact ?33‑2‑2 of said code; to amend and reenact ?50‑1‑8
and ?50‑1‑9 of said code; to amend and reenact ?51‑7‑3
and ?51‑7‑5 of said code; to amend and reenact ?51‑8‑2
of said code; and to amend and reenact ?62‑12‑5 of said code, all
relating to converting to a biweekly pay cycle from a monthly or semimonthly
cycle for state employees; modifying pay cycle of members of the legislature;
submitting expenditure schedules to the Secretary of the Department of Revenue;
modifying pay cycle of employees of the Higher Education Policy Commission,
Council for Community and Technical College Education and institutions which
they govern; modifying pay cycle of the West Virginia State Police; modifying
pay cycle of the State Superintendent of Schools; modifying pay cycle of the
Division of Natural Resources; modifying pay cycle of the Water Development
Authority; modifying pay cycle of the Public Service Commission; modifying pay
cycle of the Division of Corrections; modifying pay cycle of West Virginia
Community Infrastructure Authority; modifying pay cycle of the Insurance
Commissioner; modifying pay cycle of magistrate courts; modifying pay cycle of
official court reporters; modifying pay cycle of state law librarian and
assistants; and modifying pay cycle of probation officers and clerical
assistants?; which was referred to the Committee on Government Organization
then the Judiciary.
A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate and requested the concurrence of the House of
Delegates in the passage, of
Com.
Sub. for S. B. 533 - ?A
Bill to amend and reenact ?8-13-7 of the Code of West Virginia, 1931, as
amended; to amend and reenact ?60-3-9d of said code; and to amend and reenact
?60-4-3b of said code, all relating to the collection of taxes on wine and
intoxicating liquors; providing that no wine or liquor excise tax shall be
collected on purchases of wine or intoxicating liquors in the original sealed
package for the purpose of resale if the final purchase of such wine or
intoxicating liquor is subject to the excise tax; and defining terms?; 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. 572 - ?A Bill to amend ?3-1-17 of the Code
of West Virginia, 1931, as amended; to amend and reenact ?3-4A-11a of said
code; to amend and reenact ?3-5-13 and ?3-5-13a of said code; to amend and
reenact ?3-10-1 and ?3-10-8 of said code; and to amend said code by adding
thereto a new section, designated ?3-10-8a, all relating to providing for the
nonpartisan election of county surveyors; providing that county surveyors are
to be elected on a nonpartisan basis beginning with the general election of
2020; clarifying ballot placement for nonpartisan election for county surveyor;
clarifying ballot heading for nonpartisan election for county surveyor; and
specifying manner of appointment of a successor when an elected county surveyor
vacates office?; 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. 585 -
?A Bill to repeal ?24-3-1b of the Code of West Virginia, 1931, as amended, relating
to locomotive crew size?; 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. 595 -
?A Bill to amend and reenact ?11-4-2 of the Code of West Virginia, 1931, as
amended, relating to authorizing county assessors to make separate entries in
their landbooks when real property is partly used for exempt, and partly for
nonexempt, purposes?; which was referred to the Committee on Finance.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced
the passage by the Senate, to take effect from passage, and requested the
concurrence of the House of Delegates in the passage, of
??????????? S. B. 684
- ?A Bill to amend and reenact ?15-2-10 and ?15-2-24 of the Code of West
Virginia, 1931, as amended, all relating generally to the West Virginia State
Police; and correcting agency referrals and code citations relating to the West
Virginia State Police?; which was referred to the Committee on the Judiciary.
Resolutions Introduced
??????????? Delegates Phillips, Eldridge and
Maynard offered the following resolution, which was read by its title and
referred to the Committee on Roads and Transportation then Rules:
H. C. R. 100 ? ?Requesting the Division of Highways
to name a portion of West Virginia Route 10, near McConnell in Logan County,
beginning at a point, latitude 37.823846, longitude -81.958422, and ending at a
point, latitude 37.833712, longitude -81.966816, the ?U.S. Air Force CMSgt
Charlie Randolph Hopkins and U.S. Air Force MSgt James Paul Hopkins Road?.?
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins was born January 25, 1954, in
Stollings, before moving to McConnell later in the year; and
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins attended McConnell Grade School,
Logan East Junior High School, and graduated from Logan High School on June 3,
1971. He joined the Boy Scouts in the 7th grade, was a member of
Troop 99, which met at the Presbyterian Church in Logan and his Scoutmaster was
Wilburn D. White, and achieved the rank of Eagle Scout during first year of
high school. For doing that Chief Master Sergeant Charlie Randolph Hopkins?
parents sent him to the 1969 Boy Scout National Jamboree held at Farragut State
Park, Coeur d?Alene, Idaho; and
Whereas,
One week after completing high school, at age seventeen, Chief Master Sergeant
Charlie Randolph Hopkins (and twelve other Logan High school graduates) was on
his way to Air Force Basic Training. He was the youngest person his recruiter
(then Technical Sergeant Gale L. Redden) ever put in the Air Force. Basic
Training lasted six weeks and on the morning of July 26, 1971 he was put on a
bus heading for Keesler Air Force Base in Biloxi, Mississippi where he started
the basic electronics course, completing it at the Christmas break. The second
portion of the school was called ?Sets? and was to allow trainees to get
hands-on experience with some of the equipment they?d work on in the field.
Chief Master Sergeant Charlie Randolph Hopkins graduated the Ground Radio
Maintenance Technician course on April 4, 1972, and reported to Bedford Air
Force Station, Virginia on April 26. Bedford was a 98-man aircraft control and
warning (technically referred to as AC&W) radar site that was located on
the Blue Ridge Parkway. Once the radio maintenance work center closed in 1975,
Chief Master Sergeant Charlie Randolph Hopkins was tasked with NonCommissioned
Officer of the Day (NCOD) duties. Most pertained to site security. He was
stationed there for 39 months, working with the man who had recruited him, now
Master Sergeant Redden; and
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins? next assignment took him to
another AC&W radar site in northern Minnesota. This site was located 75
miles north of Duluth, just a couple of miles from a small town, Finland. Where
he spent 49 weeks before departing for his first overseas assignment. Originally
scheduled to go to the 1982d Communications Squadron, Kunsan Air Base, Korea,
Chief Master Sergeant Charlie Randolph Hopkins was diverted to Kwang Ju Air
Base after arrival. He had been there about four months when his Operating
Location (OL) Chief told him he had received the Air Force Commendation Medal
for work in Minnesota. He was informed that it was being held because the Air
Force Communications Service (AFCS) Commander, Major General Rupert Burris, was
scheduled to visit and he wanted the decoration to be pinned on by the Major
General. Later Chief Master Sergeant Charlie Randolph Hopkins found out the
decoration was approved and signed by General Daniel ?Chappie? James, the first
African-American to make General (four-star) in the Air Force. The medal was
pinned on February 22, 1977; and
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins left Korea on September 3, 1977,
and arrived at Fort Riley, Kansas on September 26. He had made Staff Sergeant
in Korea and was now in charge of the radio maintenance work center at the Air
Force unit at Fort Riley. The unit provided close air support for the First
Infantry Division, ?The Big Red One?, as it was known. His unit only had 25
personnel: 8 officers and 17 enlisted. He was there for 38 months and then went
back to Korea, where he was stationed to Osan Air Base and the 2146th
Communications Group; and
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins was in Korea this time for 18
months and it was during this tour he met the love of his life, Chong Ok Ahn,
and got married. Chief Master Sergeant Charlie Randolph Hopkins was the first
American to be married at the Korea House in Seoul and the wedding was
published in a Korean magazine, ?Wife?s Life?. He departed Korea on May 13,
1982, heading for a small 14-man high-frequency receiver site in the middle of
nowhere, Schribner State Airfield, Nebraska. While there he was sent to a
10-week course on the new equipment, and was recognized as an Honor Graduate.
They were only in Nebraska for 12 1/2 months; and
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins departed on July 14, 1983, going
back to Osan, where they stayed only 12 months. His next assignment took them
to Shaw Air Force Base, South Carolina where his brother, Master Sergeant James
Paul Hopkins, was also stationed. It was the only time in their careers they
were stationed together. At Shaw, Chief Master Sergeant Charlie Randolph
Hopkins attended the Air Force Non-Commissioned Officer?s Academy, where he
made Master Sergeant (first time eligible), earned an Associate?s in Applied
Science (AAS) in Radio Systems Technology degree, an Associate of Arts (AA)
degree in Liberal Arts, and a Bachelor of Arts (BA) degree in Human Resources
Development, graduating Summa Cum Laude; and
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins was at Shaw for 38 1/2 months
and departed for the 1982d Communications Squadron, Kunsan Air Base, Korea,
learning on St. Patrick?s Day 1988 that he had been selected for promotion to
Chief Master Sergeant (first time eligible). He was also selected as a primary
attendee for the Air Force Senior Non-Commissioned Officer?s Academy (AFSNCOA),
but had to wait almost a year to pin on his next rank, on February 28, 1989,
with the rank being effective March 1. The pin-on was done by his unit
commander, Major John Goodman and wing commander, Colonel Joseph Hurd; and
Whereas,
He received an assignment to Osan and a class date for the AFSNCOA. Chief
Master Sergeant Charlie Randolph Hopkins would go to the school, then report
back for a new assignment. Chief Master Sergeant Charlie Randolph Hopkins? best
friend in the Air Force, Senior Master Sergeant Randy L. Winn, and he attended
together. Winn was already at Osan and they made the trip together. Their class
was from May to July 1989. Chief Master Sergeant Charlie Randolph Hopkins then
took some leave to visit his parents, this ended up being his longest
assignment in his Air Force career: 61 months. One of their Wing Commanders
(1994-95) during this assignment was Brigadier General Robert H. ?Doc?
Foglesong from Williamson. During this assignment, he was involved with a lot
of volunteer work and in 1993 was recognized as the Seventh Air Force Volunteer
of the Year for 1992. Seventh Air Force covers all Air Force personnel in
Korea; and
Whereas,
In August 1994, Chief Master Sergeant Charlie Randolph Hopkins moved to Kelly
Air Force Base, Texas. He was in the 93rd Intelligence Squadron, his
first and only assignment with the Air Intelligence Agency. Chief Master
Sergeant Charlie Randolph Hopkins made his final Air Force promotion, Chief
Master Sergeant (Chief), while with this unit. Because there was no Chief
position for him in the 93rd, he moved to the 67th Support
Squadron on Security Hill and was in this unit a total of 8 1/2 months. During
that time, he did a one-month temporary duty assignment back to Korea to work
with two electrical engineers in the completion of an electromagnetic
compatibility survey and a three-month deployment to Saudi Arabia and the 4416th
Intelligence Squadron (Provisional); and
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins was the Chief of Maintenance and
responsible for all the ground and aircraft communications maintenance for the
unit. The aircraft being the RC-135 (Rivet Joint) which was an intelligence
gathering plane and flew the ?box? between northern Saudi Arabia and southern
Iraq. As the Chief of Maintenance, he was allowed to fly on one of the missions
and observe the operations first-hand. While in Saudi Arabia he was selected
for reassignment to Camp Zama, Japan where he became the Communications Station
Chief, somewhat like an enlisted commander. It was a small unit with only 50
personnel but had the responsibility for all the long-haul communications in
the Kanto Plains (Tokyo area). It was proving to be a great assignment.
However, he ended up putting in for a humanitarian reassignment because of his
father-in-law. So, after only 9 1/2 months they were moving again, back to
Korea; and
Whereas,
This time Chief Master Sergeant Charlie Randolph Hopkins was going to a
tactical communications unit that provided close air support for the Second
Infantry Division, stationed 26 miles north of Seoul and within artillery range
of North Korea. During this assignment, Chief Master Sergeant Charlie Randolph
Hopkins had the opportunity to be the acting Seventh Air Force Command Chief
Master Sergeant, the highest-ranking Air Force enlisted position in Korea. It
was only for two weeks in January 1999. The Seventh Air Force Commander at that
time was Lieutenant General Joseph Hurd (the same Colonel Hurd that pinned his
Senior Master Sergeant stripes on 10 years earlier). At the end of the first
week there was a banquet to attend at Kunsan. As the general and Chief Master
Sergeant Charlie Randolph Hopkins were walking Chief Master Sergeant Charlie
Randolph Hopkins told him, ?Sir, we?re going home.? He said, ?Chief, what do
you mean?? He replied, ?Well, sir, I was stationed at Kunsan when you were the
Wing Commander and you actually pinned on his Senior Master Sergeant stripes.?
He then said, ?Chief, I guess we?re going home;? and
Whereas,
In July 1999, Chief Master Sergeant Charlie Randolph Hopkins received a call
from the Command Chief asking if he was ready to come back, i.e., fill-in
again. He asked where he was going this time, and was informed they were
departing on a permanent change of station, and that Chief Master Sergeant
Charlie Randolph Hopkins would be the interim Command Chief until his
replacement arrived. Chief Master Sergeant Charlie Randolph Hopkins asked how
long and he estimated 6-10 weeks and General Hurd had just left his office and
Chief Master Sergeant Charlie Randolph Hopkins? name was the only one
discussed. Chief Master Sergeant Charlie Randolph Hopkins surmised that he hadn?t
messed up in January if the general wanted him back. So, the last week of July
Chief Master Sergeant Charlie Randolph Hopkins became the interim Command
Chief. The general even had his name placed on the Seventh Air Force Directory;
and
Whereas,
Being Command Chief was a great opportunity and afforded Chief Master Sergeant
Charlie Randolph Hopkins numerous opportunities to work with younger airmen and
NCOs. He departed Korea the first week of April 2000 for his final assignment
in his Air Force career at the Air Force Space Command at Peterson Air Force
Base, Colorado. Oddly, the Air Force Space Command had evolved from the old
Aerospace Defense Command, the command Chief Master Sergeant started his Air
Force career at Bedford Air Force Station. He only had 14 1/2 months left until
mandatory retirement and knew that would go by quickly -- and it did. Chief
Master Sergeant Charlie Randolph Hopkins intentionally scheduled his ceremony
for June 11, 2001, exactly 30 years from when he had reported to Basic
Training. His retirement from active duty was effective July 1, 2001; and
Whereas,
Thereafter, Chief Master Sergeant Charlie Randolph Hopkins was fortunate to be
offered a position with Verizon Federal Network Services as a government
contractor and Network Controller supporting the Defense Information Systems
Agency at Scott Air Force Base, Illinois. Chief Master Sergeant Charlie
Randolph Hopkins didn?t have a background in network controlling but he did
have a security clearance and he understood military ?lingo? and was moved to a
shift lead position after being in the network operations center (NOC) for 34
months. During that same time, he completed a dual Master of Arts degree in
Computer Resources and Information Management (CRIM) and Human Resources Development
(HRD), maintaining a 3.86 grade point average (GPA) for the CRIM portion and a
4.00 GPA for the HRD portion, culminating in an overall GPA of 3.89 for the
dual degree; and
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins interviewed for a government
service position in Quality Assurance after eight years in the NOC and was
selected out of 15 applicants. After the hiring offer he went to each of the
members of the interview panel and asked how he did -- all three said he did
great, with one person telling him nobody even came close. Chief Master
Sergeant Charlie Randolph Hopkins moved to the Quality Assurance Branch the
first week of November 2009 and is still serving in that branch as lead team
chief and evaluator; and
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins? decorations include: Defense
Meritorious Service Medal, Meritorious Service Medal with five oak leaf
clusters, Air Force Commendation Medal with four oak leaf clusters. Air Force
Achievement Medal, Air Force Outstanding Unit Award with Valor device and seven
oak leaf clusters, Air Force Organizational Excellence Award with one oak leaf
cluster, Combat Readiness Medal, Air Force Good Conduct Medal with nine oak
leaf clusters, National Defense Service Medal with star device, Armed Forces
Expeditionary Medal, Korean Defense Service Medal, Humanitarian Service Medal,
Military Outstanding Volunteer Service Medal with three oak leaf clusters, Air
Force Overseas Ribbon (Short Tour) with eight oak leaf clusters, Air Force
Overseas Ribbon (Long Tour), Air Force Longevity Award with six oak leaf
clusters, Air Force NCO Professional Military Education Graduate with two oak
leaf clusters, Small Arms Expert Marksmanship Ribbon with star device, Air
Force Training Ribbon and Kuwait Liberation Medal (Emirate of Kuwait); and
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins? awards include: In 1982 the
Honor Graduate Scope Signal III High Frequency Global Communications System
Course, in 1986 the Senior NCO of the Quarter, 2020th Information
Systems Squadron, Shaw AFB, South Carolina, in 1986 the First Runner-Up Senior
NCO of the Quarter, Shaw AFB, South Carolina, in 1989 the Senior NCO of the
Quarter, 1982nd Communications Squadron, Kunsan AB, Korea, in 1989
the Senior NCO of the Year (for 1988) and unit nominee for the Twelve
Outstanding Airmen of the Year (all Air Force), 1982nd Communications
Squadron, Kunsan AB, Korea, in 1989 the Senior NCO of the Quarter, Pacific
Communications Division, Hickam AFB, Hawaii,?
in 1991 the Senior NCO of the Quarter, 2146th Communications
Group, Osan AB, Korea, in 1991 the Senior NCO of the Year (for 1991) and unit
nominee for the Twelve Outstanding Airmen of the Year (all Air Force), 2146th
Communications Group, Kunsan AB, Korea, in 1991 the Senior NCO of the Quarter,
Pacific Communications Division, Hickam AFB, Hawaii, and in 1993 the Seventh
Air Force Volunteer of the Year (for 1992; and
Whereas,
Chief Master Sergeant Charlie Randolph Hopkins? other achievements include: Red
Cross CPR Instructor (13 years), Volunteer Income Tax Assistant (28 years, and
continuing), Red Cross First Aid Instructor (3 years), Red Cross Lifeguard
Instructor (3 years), Military Affiliate (now Auxiliary) Radio System (MARS)
Operator (31 years, and continuing); and
Whereas,
Master Sergeant James Paul Hopkins was delivered by a Stork (A. Robert Stork,
M.D.) on April 5, 1955 at home in McConnell. He attended elementary school at
McConnell Grade School, junior high school at Logan East, and graduated from
Logan High School May 1973; and
Whereas,
Although his first name is James, Master Sergeant James Paul Hopkins went by
his initials ?JP? throughout the school years and later by the nickname ?Jay?
since graduation. During high school, he worked at Hopkins Brothers Roofing, Kroger
grocery store and Logan Motorcycle Sales. After graduation, Master Sergeant
James Paul Hopkins was hired by Mining Hydraulics and worked there until
departing for the U.S. Air Force, signing up in early October 1973 with an
active duty date of November 13, 1973; and
Whereas,
Basic training lasted six weeks and Master Sergeant James Paul Hopkins
graduated Air Force Basic Military Training at Lackland Air Force Base, Texas,
in time to be home for Christmas. As a 6-year enlistee he was promoted to Airman
First Class upon completing Basic Military Training. After Christmas vacation,
he was off to Lowry Air Force Base Colorado (now closed) for Technical School.
His career field was Munitions Systems Technician where he learned storage,
maintenance, assembly and transportation of munitions that were used by the
U.S. Air Force; and
Whereas,
Master Sergeant James Paul Hopkins arrived at his first permanent duty station,
Cannon Air Force Base, New Mexico, in April 1974 and was assigned to the 27th
Munitions Maintenance Squadron. While there he had the opportunity to pursue a
dream?learning to fly. He was able to earn his Private Commercial Pilot license
before moving to a second assignment, Kunsan Air Base, Korea and was assigned
to the 8th Munitions Maintenance Squadron; and
Whereas,
Master Sergeant James Paul Hopkins studied Judo and was able to earn his
first-degree Black Belt. Kunsan also had an aero club and continued flying in
the Republic of South Korea. The year went by quickly before departing for
Kunsan in July 1976. He and his brother; Chief Master Sergeant Charlie Randolph
Hopkins, were both home on leave at the same time.
Whereas,
Master Sergeant James Paul Hopkins was next assigned to Langley Air Force Base,
Virginia, with the 1st Tactical Fighter Wing. He spent a little over
three years at Langley. During that time, he married Rebecca Rose Bailey from
his home area in West Virginia. While at Langley, they had two children; a
daughter Amy Rebecca Hopkins and a son Matthew Paul Hopkins. Master Sergeant
James Paul Hopkins received an Instrument Rating Airplane while continuing his
flight training. He made Staff Sergeant while there and volunteered for
recruiting duty. He was accepted and went to USAF Recruiting School at Lackland
Air Force Base; and
Whereas,
Master Sergeant James Paul Hopkins was selected to go to a recruiting office in
Pennsylvania but was contacted while home on leave and asked if he?d be
interested in Fairmont. He accepted. Recruiting duty was a 4-year controlled
tour. In 1983, at the end of those four years, he was assigned to the 19th
Equipment Maintenance Squadron at Shaw Air Force Base, South Carolina. A year
later his brother Chief Master Sergeant Charlie Randolph Hopkins would also
report to Shaw. This was the only assignment they had together. He earned an
FCC Amateur Radio Extra Class operator license during this assignment and was
asked by the Recruiting Flight Supervisor if he?d like to go back to the
Fairmont office. Again, he accepted; and
Whereas,
In 1986, and after completing the USAF Recruiting School for a second time,
Master Sergeant James Paul Hopkins departed Shaw AFB for Fairmont. His first
two years back in recruiting were the same, and then he became a medical
services recruiter and was given a quota for all health professions: MDs, DOs,
Veterinarians, Dentist, Dieticians, Physical Therapists, Pharmacists, Physician
Assistants, Hospital and Medical Administrators, Social Workers and all related
medical specialties except for registered nurses. With an office in Morgantown,
he covered the areas of northern West Virginia, north east Ohio, south west
Pennsylvania and western Maryland. After completion of that second Recruiting
duty tour he was selected for assignment to Nellis Air Force Base, Nevada; and
Whereas,
Master Sergeant James Paul Hopkins was in charge of the munitions section that
supported aircraft participating in ?Air Warrior live fire? training and
exercises primarily supporting the U.S. Army in the Mojave Desert. There were
several ranges and exercise locations well within flying distance of Nellis.
One of the largest live fire training locations in the United States is Fort
Irwin National Training Center. This installation is managed by the Army while
used by all services and allied countries for live fire training. Many of their
aircraft supported close air support training at Fort Irwin. During his last
year at Nellis, Master Sergeant James Paul Hopkins? commander asked if he?d be
the interim First Sergeant for the unit. Master Sergeant James Paul Hopkins enjoyed
the duty and challenges of being a First Sergeant. His commander was so
impressed with his performance he wanted to send Master Sergeant James Paul
Hopkins to the First Sergeant?s Academy and become his full-time First
Sergeant. Due to family health conditions, he had already decided to retire
and, thus, respectfully declined; and
Whereas,
While on active duty Master Sergeant James Paul Hopkins earned two Associate
Degrees from the Community College of the Air Force while on active duty. First
was Munitions Systems Technology and Personnel Administration. He retired from
the Air Force February 1, 1994 with 20 years, 2 months, and 17 days of active
duty service time as an E-7 Master Sergeant; and
Whereas,
After retirement Master Sergeant James Paul Hopkins earned a commercial driver?s
license and drove long-haul trucks for J. B. Hunt for seven months. The reason
for the short tenure was because CSX Transportation Corporation (railroad)
offered him a position to become a Trainman and Locomotive Engineer. As working
on the railroad was also a life-long dream, and as his father had done same
work for over 41 years, he was thrilled to have the same opportunity. Master
Sergeant James Paul Hopkins has now been with employed CSX Transportation for
over 21 ? years and has completed flight training earning an FAA Certified
Flight Instructor for single engine, multi-engine and instrument flight
training; and
Whereas,
Master Sergeant James Paul Hopkins decorations include: Air Force Commendation
Medal with two oak leaf clusters. Air Force Outstanding Unit Award four oak
leaf clusters, Air Force Good Conduct Medal with five oak leaf clusters,
National Defense Service Medal with one bronze service, Armed Forces
Expeditionary Medal, Air Force Overseas Ribbon (Short Tour), Air Force
Longevity Award with four oak leaf clusters, Air Force NCO Professional
Military Education Graduate with one oak leaf cluster, Small Arms Expert
Marksmanship Ribbon with one bronze star and Air Force Training Ribbon; and
Master
Sergeant James Paul Hopkins awards and other accomplishments include: in March
1991, Senior NCO Academy correspondence, in June 198 Noncommissioned Officer
Academy, Barksdale AFB, Louisiana, in November 1976 Noncommissioned Officer
Leadership School, Langley, AFB, Virginia and Military Affiliate Radio System
(MARS) Operator Civil Air Patrol; and
Whereas,
It is a fitting honor to name this road where these two outstanding brothers
grew up before going on to have distinguished and remarkable careers while
serving in the United Sates Air Force; therefore, be it
Resolved by the Legislature of West Virginia:
That the
Division of Highways is hereby requested to name a portion of West Virginia
Route 10, near McConnell in Logan County, beginning at a point, latitude
37.823846, longitude -81.958422, and ending at a point, latitude 37.833712,
longitude -81.966816, the ?U.S. Air Force CMSgt Charlie Randolph Hopkins and
U.S. Air Force MSgt James Paul Hopkins Road?; and, be it
Further Resolved, That
the Division of Highways is hereby requested to have made and be placed signs
identifying the road as the ?U.S. Air Force CMSgt Charlie Randolph Hopkins and
U.S. Air Force MSgt James Paul Hopkins Road?; and, be it
Further Resolved, That
the Clerk of the House of Delegates forward a certified copy of this resolution
to the Secretary of Transportation, the Commissioner of Highways.
??????????? Delegates Iaquinta, Hamrick and
Queen offered the following resolution, which was read by its title and
referred to the Committee on Agriculture and Natural Resources then Rules:
H. C. R. 101 ? ?Declaring and making the blackberry
the official state berry of West Virginia.?
Whereas,
It is hard to trace the exact origin since blackberries proliferate all over
the globe, but it is likely the first were in Asia, North or South America or
in Europe. Greeks and Romans used blackberries in medicine, and Native
Americans used them for food, medicine and to dye animal skins. Blackberries
are also known as bramble, brummel, brambleberry and bly; and
Whereas,
The formal name of the blackberry is Rubus fructicosus, and there are more than
40 species. Blackberries were always considered wild, so in the early days they
were not cultivated. Those who wanted the berries would travel to where a bush
was growing and gather them. Development of the blackberry is relatively modern
and was done mostly in America. Judge Logan began to breed blackberries in
California and introduced loganberries, a relative of blackberries, in 1880.
Identifying species is difficult because so many types of blackberry plants
have crossbred by themselves. Luther Burbank attempted to develop a thornless
berry in 1921, but the flavor lacked. Recently the Triple Crown berry was
introduced and is a good-tasting, thornless berry; and
Whereas,
The blackberry has been used to treat fever for more than 2,000 years. The
berry was not often used in medicinal applications but the root, bark and leaf
was. They were boiled in water and given as medicine for whooping cough. Other
illnesses thought to be cured by blackberry were bites from venomous creatures,
boils and sore throats. In 1771, it was documented that blackberry decoctions
would cure ulcers; and
Whereas,
Blackberries taste good and have been used to make all kinds of sweets or eaten
plain for centuries. In 1696, the London Pharmacopoeia documented information
about blackberries being used to make wine and cordials. Blackberry pie or
crumble, and jam are a sweet favorite that goes back to the pioneer days; and
Whereas,
Blackberries are also part of folklore as they were thought to protect against
spells and curses if gathered during a certain phase of the moon. Children with
hernias were known to pass through an arched area in the bramble to cure them.
Boils were supposed to be cured when the sufferer crawled through the brambles.
It is more likely the thorns simply lanced the boils; and
Whereas,
Native Americans used blackberry canes and vines to make twine. Blackberry
bushes were often planted around European villages to offer protection against
enemies and large animals that would do harm. The brambles provide protection
to wildlife, including deer and birds. The berries have been known to be used
to make an indigo or purple dye; and
Whereas,
In addition to having a long and illustrious history, blackberries have a long
and colorful tradition in West Virginia as well. It is hard not to talk to
someone about blackberries and not have them tell you the many memories they
had of picking blackberries on the many hillsides of the state; and
Whereas,
Many blackberry pickers began picking blackberries with their mothers and
grandmothers on hillsides that had been partially cleared for grazing. They
would put wire hangers in empty Karo syrup cans, pick them full of berries and
empty them into large washtubs. The washtubs loaded with blackberries would
then be carried home where they would be eaten, cobblers made, canned, jams,
jellies and even wine made from the luscious blackberry. The jams and jellies
would be spread on biscuits baked in wood cook stoves and canned berries would
be eaten or baked in pies as a treat during the harsh mountain winters when
pleasures were few; and
Whereas,
While forests have overtaken many of the hillsides where blackberries once were
king, they continue to thrive throughout the state and are worth their weight
in gold to those who venture out seeking the succulent fruit. In fact, as late
as the 1980s, blackberries grew wild along the banks of the Kanawha River on
either side of the State Capitol; and
Whereas,
There is no berry so ubiquitous in West Virginia as the blackberry and none
that has meant more to its history, culture and traditions; therefore, be it
Resolved by the House of Delegates:
To
declare and make the blackberry the official state berry of West Virginia; and,
be it
Further Resolved, That
the Clerk of the House of Delegates forward a certified copy of this resolution
to Kent Leonhardt, Commissioner, West Virginia Department of Agriculture, the
West Virginia Future Farmers of America, the Editor of Goldenseal, the magazine of West Virginia traditional life,
the West Virginia University Extension Service and the West Virginia Farmers
Market Association.
??????????? Delegates G. Foster, Isner, Marcum,
Wagner, Upson, N. Foster, Householder, Phillips, Dean, Zatezalo and Eldridge
offered the following resolution, which was read by its title and referred to
the Committee on the Judiciary then Rules:
H. C. R. 102 ? ?Requesting the Joint Committee on Government and
Finance study imposing a presumption in West Virginia Family Courts that 50/50
shared parenting be awarded in child custody cases.?
Resolved by the Legislature of West Virginia:
That the
Joint Committee on Government and Finance is hereby requested to study imposing
a presumption in West Virginia Family Courts that 50/50 shared parenting be
awarded in child custody cases; and, be it
Further Resolved, That
the Joint Committee on Government and Finance report to the regular session of
the Legislature, 2018, on its findings, conclusions and recommendations,
together with drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the
expenses necessary to conduct this study, to prepare a report, and to draft
necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
??????????? Delegates A. Evans, Hamilton, Rowan
and R. Romine offered the following resolution, which was read by its title and
referred to the Committee on Rules.
H. C. R. 103 ? ?Requesting the Division of Highways to name Bridge
Number 12-3-0.02 (12A003) (39.11719, -79.16785), locally known as Maysville
Bridge, carrying County Route 3 over Lunice Creek in Grant County, the ?U S
Army PFC Tracy Victor Rohrbaugh Memorial Bridge?.?
Whereas,
Tracy Victor Rohrbaugh was born October 27, 1922, in Martin, Grant County, West
Virginia, son of Victor Adam Rohrbaugh and Dovie Clara Rohrbaugh; and
Whereas,
Tracy was later joined by three brothers and five sisters; and
Whereas,
The Rohrbaugh family had been well established in Grant County for many years;
and
Whereas,
The Rohrbaugh family lived in Martin for all of Tracy?s life; and
Whereas,
Tracy Victor Rohrbaugh was inducted into the United States Army in January,
1942, and trained at Camp Maxy and Camp Hood in Texas; and
Whereas,
The young soldier was shipped overseas for service in the European Theater on
New Year?s Day, 1943; and
Whereas,
US Army PFC Tracy Victor Rohrbaugh served with the 625th Ordnance
Ammunition Company during his time in Europe; and
Whereas,
In his last letter home on April 17, 1944, PFC Rohrbaugh stated that ?everything
is going fine and I could not be any better shape.? Sadly, this would not last
for long; and
Whereas,
Just ten days after that letter was written, PFC Tracy Victor Rohrbaugh was
killed in action while participating in Exercise Tiger, a large scale training
exercise in England in preparation for the Normandy invasion; and
Whereas,
PFC Tracy Victor Rohrbaugh, whose body was buried at sea, was posthumously
awarded the Purple Heart, American Campaign Medal and WW-II Victory Medal; and
Whereas,
In recognition of his honorable service in World War II, and for his ultimate
sacrifice, PFC Rohrbaugh?s name is inscribed on the Tablets of the Missing at
the Cambridge American Cemetery in Cambridge, England, and his name was one of
the original names inscribed on the West Virginia Veteran?s Memorial; and
Whereas,
It is fitting that the state continue to honor this fallen hero by a memorial
in the area in which he lived; therefore, be it
Resolved by the Legislature of West Virginia:
That the
Division of Highways is hereby requested to name Bridge Number 12-3-0.02
(12A003) (39.11719, -79.16785), locally known as Maysville Bridge, carrying
County Route 3 over Lunice Creek in Grant County, the ?U S Army PFC Tracy
Victor Rohrbaugh Memorial Bridge?;
and, be it
Further Resolved, That the
Division of Highways is requested to have made and be placed signs identifying
the bridge as the Bridge Number 12-3-0.02 (12A003) (39.11719, -79.16785), locally
known as Maysville Bridge, carrying County Route 3 over Lunice Creek in Grant
County, the ?U S Army PFC Tracy
Victor Rohrbaugh Memorial Bridge?; and, be it
Further Resolved, That
the Clerk of the House of Delegates forward certified copies of this resolution
to the Director of the Division of Highways.
Unfinished Business
The following resolutions, coming up in
regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 90, Study on the feasibility of light
fidelity (?Li-Fi?),
H. C. R. 91, Alleen Ledson Memorial Bridge,
And,
H. C. R. 92, U.S. Army SGT Eugene Dawson Memorial
Highway.
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 S. B. 306,
Supplemental appropriation of federal funds from Treasury to Workforce West
Virginia; 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. 151), 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: Lewis.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 306) passed.
Delegate Cowles moved that the bill take
effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 152), and there
were--yeas 98, nays none, absent and not voting 2, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Fleischauer
and Lewis.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 306) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
Com. Sub. for H. B. 2180, Authorizing the issuance of special ?In
God We Trust? motor vehicle registration plates; 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. 153), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as
follows:
??????????? Absent and Not Voting: Fleischauer
and Lewis.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2180) 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. 2208, Authorizing counties and
municipalities to establish a joint airport hazard comprehensive plan; 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. 154), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as
follows:
??????????? Absent and Not Voting: Kelly and Lewis.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2208) 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. 2366, Relating to selling Jackie Withrow
Hospital; 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. 155), and there were--yeas
58, nays 41, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Arvon, Baldwin, Barrett,
Bates, Boggs, Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans,
Ferro, Fleischauer, Hamilton, Hartman, Hicks, Hornbuckle, Iaquinta, Isner,
Longstreth, Love, Lovejoy, Lynch, Marcum, Martin, R. Miller, Moye, O'Neal,
Pethtel, Phillips, Pushkin, Pyles, Robinson, Rodighiero, Rowe, Sponaugle,
Sypolt, Thompson, Ward and Williams.
??????????? Absent and Not Voting: Lewis.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2366) 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. 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 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. 156), and there were--yeas
96, nays 2, absent and not voting 2, with the nays and absent and not voting
being as follows:
??????????? Nays: Folk and McGeehan.
??????????? Absent and Not Voting: Lewis and
Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2475) 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. 2494, Providing that statewide school report
cards are only to be made available to custodial parents and guardians of
students upon request; 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. 157), and there were--yeas
95, nays 2, absent and not voting 3, with the nays and absent and not voting
being as follows:
??????????? Nays: Love and Upson.
??????????? Absent and Not Voting: Lewis,
Robinson and Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2494) 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. 2524, Improving the focus on school-level
continuous improvement processes; 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. 158), and there were--yeas
63, nays 35, absent and not voting 2, with the nays and absent and not voting
being as follows:
??????????? Nays: Baldwin, Barrett, Bates,
Boggs, Brewer, Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro,
Fleischauer, Fluharty, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Longstreth,
Love, Lovejoy, Lynch, Marcum, Miley, R. Miller, Moye, Pethtel, Pushkin, Pyles,
Robinson, Rowe, Sponaugle, Thompson and Williams.
??????????? Absent and Not Voting: Lewis and
Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the bill
(Com. Sub. for H. B. 2524) passed.
??????????? Delegate
Cowles moved that the bill take effect July 1, 2017.
??????????? On this question, the yeas and nays
were taken (Roll No. 159), and there
were--yeas 69, nays 28, absent and not voting 3, with the nays and absent and not
voting being as follows:
??????????? Nays: Baldwin, Bates, Boggs, Brewer,
Byrd, Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Hicks,
Hornbuckle, Iaquinta, Isner, Longstreth, Love, Lovejoy, Lynch, Marcum, Moye,
Pushkin, Pyles, Robinson, Rowe, Sponaugle, Thompson and Williams.
??????????? Absent and Not Voting: A. Evans,
Lewis and Rodighiero.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2524) takes effect July 1, 2017.
??????????? 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. 2679, Relating to the possession of firearms
in parks and park facilities; 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. 160), and there were--yeas
94, nays 4, absent and not voting 2, with the nays and absent and not voting
being as follows:
??????????? Nays: Fleischauer, Lane, Pushkin and
Rowe.
??????????? Absent and Not Voting: Lewis and
Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2679) 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. 2702, Relating to excused absences for
personal illness from school; 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. 161), and there were--yeas
95, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
??????????? Nays: Caputo, Longstreth and Ward.
??????????? Absent and Not Voting: Lewis and
Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2702) 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. 2709, Authorizing the City of South
Charleston to levy a special district excise tax; 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. 162), and there were--yeas
92, nays 5, absent and not voting 3, with the nays and absent and not voting
being as follows:
??????????? Nays: E. Evans, Folk, McGeehan,
Thompson and Wilson.
??????????? Absent and Not Voting: Harshbarger,
Lewis and Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2709) 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. 2734, Authorizing a method for the
collection and remittance of property taxes related to dealers? heavy equipment
inventory; 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. 163), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as
follows:
??????????? Absent and Not Voting: Lewis and
Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2734) 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. 2774, Defining special aircraft property; on
third reading, coming up in regular order, was read a third time.
Delegates Walters, Brewer, Hollen,
Higginbotham and Folk requested to be excused from voting on the passage of H.
B. 2774 under the provisions of House Rule 49.
The Speaker replied that any impact on the
Delegates would be as a member of a class of persons possibly to be affected by
the passage of the bill, and refused to excuse the Members from voting.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 164), and there were--yeas
92, nays 6, absent and not voting 2, with the nays and absent and not voting
being as follows:
??????????? Nays: Bates, Fleischauer, Fluharty,
Lynch, Pyles and Sponaugle.
??????????? Absent and Not Voting: Lewis and
Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (H. B. 2774) 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. 2805, Finding and declaring certain claims
against the state and its agencies to be moral obligations of the state; 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. 165), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as
follows:
??????????? Absent and Not Voting: Lewis and
Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2805) passed.
??????????? Delegate
Cowles moved that the bill take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 166), and there
were--yeas 98, nays none, absent and not voting 2, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Lewis and
Rodighiero.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2805) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Com. Sub. for H. B. 3093, Establishing Broadband Enhancement and
Expansion Policies; on third reading, coming up in regular order, was read a
third time.
Delegates Espinosa and Lewis requested
to be excused from voting on the passage of Com. Sub. for H. B. 3093 under the
provisions of House Rule 49.
The Speaker replied that any impact on the
Delegates would be as a member of a class of persons possibly to be affected by
the passage of the bill, and refused to excuse the Members from voting.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 167), and there were--yeas
97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
??????????? Nays: Folk and McGeehan.
??????????? Absent and Not Voting: Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 3093) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Second Reading
Com.
Sub. for H. B. 2219,
Authorizing miscellaneous boards and agencies to promulgate legislative rules; on
second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
Com.
Sub. for H. B. 2346,
Relating to motor vehicle license plates; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third
reading.
Com.
Sub. for H. B. 2515,
West Virginia Monument and Memorial Protection Act of 2017; on second reading,
coming up in regular order, was read a second time.
On
motion of Delegate Howell, the bill was amended on page two, section eight-c,
line twenty-eight, immediately following the word
?remove? and the comma, by inserting the word ?rename? and a comma.
??????????? And,
On
line thirty-two immediately following the word ?remove? and the comma, by
inserting the word ?rename? and a comma.
The bill was ordered to engrossment and
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. 2721, Removing the cost limitation on
projects completed by the Division of Highways,
Com. Sub. for H. B. 2722, Eliminating the financial limitations
on utilizing the design-build program for highway construction,
Com. Sub. for H. B. 2724, Relating to creating a pilot program
under the Herbert Henderson Office of Minority Affairs,
H. B. 2745, Adding the examination of Advanced
Care Technician,
H. B. 2788, Allowing military veterans with
certain military ratings to qualify for examinations required of a probationary
firefighter,
Com. Sub. for H. B. 2838, Allowing military veterans who meet
certain qualifications to qualify for examination for license as an emergency
medical technician,
Com. Sub. for H. B. 2841, Requiring board members to have
attended a board meeting in order to be compensated for the meeting,
Com. Sub. for 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,
Com. Sub. for H. B. 2935, Relating to state flood protection
planning,
Com. Sub. for H. B. 2948, Establishing timelines for taking
final action on certain permits,
Com. Sub. for 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,
Com. Sub. for H. B. 2980, Relating to civil lawsuit filing fees
for multiple defendant civil action,
H. B. 3018, Adding definition of correctional
employee to the list of persons against whom an assault is a felony,
Com. Sub. for H. B. 3020, Relating to criminal penalties for the
offenses of hunting, trapping or fishing on the lands of another person,
H. B. 3053, Relating to motor vehicle lighting,
Com. Sub. for H. B. 3064, Allowing vehicles of a size and weight
exceeding certain specifications to operate over specified routes,
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,
H. B. 3105, Relating to the Licensed Racetrack
Modernization Fund,
And,
H. B. 3106, Relating to increasing the number of
limited video lottery terminals.
First Reading
??????????? The following bills on first
reading, coming up in regular order, were each read a first time and ordered to
second reading:
Com. Sub. for S. B. 113, Authorizing DEP promulgate legislative
rules,
Com. Sub. for H. B. 2004, Creating and maintaining a centralized
state vehicle inventory system,
H. B. 2548, Relating to the use of outside
speakers by persons licensed to manufacture, sell, possess for sale, transport
or distribute nonintoxicating beer,
Com. Sub. for H. B. 2763, Relating to the approval by the
Council for Community and Technical College Education of acquisitions,
Com. Sub. for 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,
Com. Sub. for H. B. 2850, Relating to product liability actions,
H. B. 2869, Providing for paid leave for certain
state officers and employees during a declared state of emergency,
Com. Sub. for H. B. 2936, Requiring competitive bidding for all
state purchases of commodities, printing and services,
Com. Sub. for H. B. 2939, Relating to the sale of items in the
State Police Academy post exchange to the public,
Com. Sub. for H. B. 2966, Creating the West Virginia Sentencing
Commission,
Com. Sub. for H. B. 3028, Relating to the Comprehensive
Substance Use Reduction Act,
Com. Sub. for H. B. 3096, Relating to operation and regulation
of certain water and sewer utilities owned or operated by political
subdivisions of the state,
H. B. 3107, Relating generally to horse and dog
racing lottery.
And,
H. B. 3108, Relating to authorizing redirection of
certain amounts to the General Revenue Fund.
At 1:58
p.m., on motion of Delegate Cowles, the House of Delegates recessed until 5:30
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
Delegate Espinosa, Chair of the
Committee on Education, submitted the following report, which was received:
Your Committee on Education has had
under consideration:
??????????? H.
B. 3006, Exempting certain
contracts between the Department of Health and Human Resources and West
Virginia University or Marshall University from state purchasing requirements,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 3006 - ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?9-2-9a, relating to exempting certain contracts between
the Department of Health and Human Resources and West Virginia University,
Marshall University or West Virginia School of Osteopathic Medicine from state
purchasing requirements,?
??????????? H.
B. 3095, Allowing retired
teachers to be employed by a higher education institution,
And reports back a committee substitute
therefor, with a new title, as follows:
Com.
Sub. for H. B. 3095 - ?A Bill to amend ?18-7A-13a of the
Code of West Virginia, 1931, as amended, relating to allowing retired teachers
to be subsequently employed by the Higher Education Policy Commission or the
council for community and technical college education without any loss of
retirement annuity or retirement benefits under certain circumstances,?
And,
??????????? H.
B. 2771, Relating to temporary
teaching certificates for Armed Forces spouses,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2771 - ?A Bill to
amend and reenact ?18A-3-2a of the Code of West Virginia,1931, as amended,
relating to teaching certificates for teachers whose spouses are members of the
Armed Forces who are on active duty stationed in this state or within fifty air
miles of the West Virginia border,?
With the recommendation that the committee
substitutes each do pass.
Delegate
Espinosa, Chair of the Committee on Education, submitted the following report,
which was received:
Your
Committee on Education has had under consideration:
H. B.
2887, Relating to retirement and
separation incentives,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2887 - ?A Bill to
amend and reenact ?18B-1-1d of the Code of West Virginia, 1931, as amended,
relating to retirement and separation incentives,?
With
the recommendation that the committee substitute do pass.
On
motion for leave, a bill was introduced (Originating in the Committee on
Government Organization and reported with the recommendation that it do pass),
which was read by its title, as follows:
By Delegate Howell:
H. B. 3109 -
?A Bill to repeal ?30-7?1, ?30-7-1a, ?30-7?2, ?30-7?3, ?30-7?4, ?30-7?5,
?30-7?6, ?30-7-6a, ?30-7?7, ?30-7?8, ?30-7-8a, ?30-7?9, ?30-7?10, ?30-7?11,
?30-7-11a, ?30-7?2, ?30-7?13, ?30-7?14, ?30-7?15, ?30-7-15a, ?30-7-15b,
?30-7-15c, ?30-7-15d, ?30-7-15e, ?30-7?16, ?30-7?18, ?30-7?19, and ?30-7?20 of
the Code of West Virginia, 1931, as amended; to repeal ?30-7A-1, ?30-7A-2,
?30-7A-3, ?30-7A-4,??? ?30-7A-5,
?30-7A-6, ?30-7A-7, ?30-7A-7a, ?30-7A-8, ?30-7A-9, ?30-7A-10, and ?30-7A-11 of
said code;? to repeal ?30-7B-1, ?30-7B-2,
?30-7B-3, ?30-7B-4, ?30-7B-5, ?30-7B-6, and ?30-7B-7 of said code;? to repeal ?30-7C-1, ?30-7C-2, ?30-7C-3,
?30-7C-4, ?30-7C-5, ?30-7C-6, ?30-7C-7, ?30-7C-8, ?30-7C-9, ?30 -7C-10,
?30-7C-11, ?30-7C-12 and ?30-7C-13 of said code;? to repeal ?30-7D-1, ?30-7D-2, ?30-7D-3,
?30-7D-4, ?30-7D-5, ?30-7D-6, ?30-7D-7, ?30-7D-8, ?30-7D-9, ?30-7D-10,
?30-7D-11, ?30-7D-12 and ?30-7D-13 of said code;? to repeal ?30-7E-1, ?30-7E-2 and ?30-7E-3 of
said code;? to repeal ?30-23?1, ?30-23?2,
?30-23?3, ?30-23?4, ?30-23?5, ?30-23?6, ?30-23?7, ?30-23?8, ?30-23?9,
?30-23?10, ?30-23?11, ?30-23?12, ?30-23?13, ?30-23?14, ?30-23?15, ?30-23?16,
?30-23?17, ?30-23?18, ?30-23?19, ?30-23?20, ?30-23?21, ?30-23?22, ?30-23?23,
?30-23?24, ?30-23?25, ?30-23?26, ?30-23?27, ?30-23?28, ?30-23?29 and ?30-23?30
of said code; to repeal ?30-25-1, ?30-25-2, ?30-25-3, ?30-25-4, ?30-25-5,
?30-25-6, ?30-25-7, ?30-25-8, ?30-25-9, ?30-25-10, ?30-25-11, ?30-25-12,
?30-25-13, ?30-25-14, ?30-25-15, ?30-25-16, ?30-25-17,? and ?30-25-18 of said code; to amend and
reenact ?4-10-10 of said code; to amend and reenact ?18A-4-8 of said code; to
amend and reenact ?18C-3-4 of said code; to amend and reenact ?30-1-7a and
?30-1-20 of said code; to amend and reenact ?30-1D-1 of said code; and to amend
said code by adding thereto a new article, designated? ?30-41-1, ?30-41-2, ?30-41-3, ?30-41-4,
?30-41-5, ?30-41-6, ?30-41-7, ?30-41-8, ?30-41-9, ?30-41-10, ?30-41-11,
?30-41-12, ?30-41-13, ?30-41-14, ?30-41-14a, ?30-41-14b, ?30-41-14c, ?30-41-15,
?30-41-16a, ?30-41-16b, ?30-41-16c, ?30-41-16d, ?30-41-17, ?30-41-17a,
?30-41-18, ?30-41-19, ?30-41-19a, ?30-41-19b, ?30-41-19c, 30-41-19d,
?30-41-19e, ?30-41-20, ?30-41-20a, ?30-41-20b, ?30-41-20c, ?30-41-20d,
?30-41-20e, ?30-41-20f, ?30-41-20g, ?30-41-20h, ?30-41-20i, ?30-41-20j,
?30-41-20k, ?30-41-20l, ?30-41-20m, ?30-41-20n, ?30-41-21, ?30-41-21a,
?30-41-21b, ?30-41-21c, ?30-41-21d, ?30-41-22, ?30-41-23, ?30-41-24, ?30-41-25,
?30-41-26, ?30-41-27, ?30-41-28, ?30-41-29, ?30-41-29a, ?30-41-29b, ?30-41-29c,
?30-41-29d, ?30-41-29e, ?30-41-29f, ?30-41-29g, ?30-41-29h, ?30-41-29i,
?30-41-29j, ?30-41-30, ?30-41-31 and ?30-41-32, all relating to establishing a
Board of Nursing and Health Services; defining terms; transferring the
authority of the West Virginia Board of Examiners for Registered Professional
Nurses, Board of Examiners for Licensed Practical Nurses, West Virginia Medical
Imaging and Radiation Therapy Technology Board of Examiners, and the West
Virginia Nursing Home Administrators Licensing Board to the Board of Nursing
and Health Services; providing for wind up year activity; transferring authority,
assets and funds; providing for rule making; continuing the Center for Nursing;
requiring license; providing for the investigation of complaints; providing for
disciplinary action; continuing the Medication Assistive Person Advisory
Committee; providing for hearings and judicial review; and providing for nurse
health programs.?
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.
2376, Relating to the organizational structure of state government,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2376 - ?A
Bill to amend and reenact ?5F-1-2 of the Code of West Virginia, 1931, as
amended; to amend and reenact ?5F-2-1 and ?5F-2-2 of said code; to amend and
reenact ?9-5-11b and ?9-5-22 of said code; to amend said code by adding thereto
a new section, designated ?9-10-1; to amend and reenact ?11-27-38 of said code;
to amend and reenact ?11B-2-15 of said code; to amend and reenact ?16-3-5 of
said code; to amend and reenact ?16-5S-7 of said code; to amend and reenact
?33-25G-2 of said code; to amend and reenact ?49-2-125 of said code; and to
amend and reenact ?60A-9-5 of said code; all relating to the organizational
structure of state government; providing that the Bureau for Medical Services
be renamed the Department of Medical Services with the Commissioner of the
Bureau for Medical Services becoming the Secretary of the Department of Medical
Services; providing that the department continue to operate as currently
configured as the Bureau for Medical Services with the structure of the
Department of Health and Human Resources for administrative support,
interagency cooperation and program support; removing? the Human Rights Commission, Division of
Human Services, Bureau for Public Health, Office of Emergency Medical Services
and the Emergency Medical Service Advisory Council, Health Care Authority,
Commission on Mental Retardation, Women's Commission and the Child Support
Enforcement Division from administration by the Department of Administration;
providing that the Bureau for Public Health, The Bureau for Child Support
Enforcement, The Bureau of Children and Families, The Office of the Inspector
General, The Health Care Authority, The State Commission on Intellectual
Disability, The Women's Commission, The Commission for the Deaf and Hard of
Hearing; and the James H. ?Tiger? Morton Catastrophic Illness Commission are to
be administered as a part of the Department of Health and Human Resources;
providing that the Bureau of Medical Services and The Children's Health
Insurance Agency are incorporated in and administered as a part of the
Department of Medical Services; and making technical changes in various
chapters of the code to reflect the creation of the Department of Medical
Services,?
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. 2930, Allowing powerball, hot lotto, and mega millions winners to remain
anonymous,
And
reports back a committee substitute therefor, with a new title, as follows:
Com.
Sub. for H. B. 2930 ? ?A
Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated ?29-22-15a; and to amend and reenact ?29B-1-4 of said code,
all relating to allowing powerball, hot lotto, and mega millions winners to
remain anonymous; providing that a person entitled to collect proceeds
exceeding one million dollars from a winning powerball, hot lotto, or mega
millions may remain anonymous in regards to his or her name, personal contact
information, and likeness; providing that if a person entitled to collect
proceeds exceeding one million dollars from a winning powerball, hot lotto, or
mega millions ticket wishes to remain anonymous, then he or she shall contact
the State Lottery Director in writing or appear at the state lottery
headquarters in person; providing where such request to remain anonymous may be
mailed or emailed; providing that upon such a request, the director will
contact the person requesting anonymity and schedule an appointment to meet;
establishing an effective date of January 1, 2018; and providing for an
exemption under the Freedom of Information Act for the name, personal contact
information, and likeness of a person entitled to collect proceeds exceeding
one million dollars from a winning powerball, hot lotto, or mega millions
ticket,"
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:
??????????? Com. Sub. for S. B. 247, Authorizing prosecuting attorney
designate and deliver grand jury records for investigative purposes,
And,
??????????? Com. Sub. for S. B. 248, Clarifying composition and
chairmanship of Commission on Special Investigations,
And
reports the same back, with amendment, with the recommendation that they each
do pass, as amended.
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. 3022, Relating to the reporting of fraud, misappropriation of moneys,
and other violations of law to the commission on special investigations,
Com. Sub. for S. B. 233, Excluding from protection oral
communications uttered in child care center under Wiretapping and Electronic
Surveillance Act,
And,
S. B. 164, Relating to traffic regulations and special load limits,
And
reports the same back with the recommendation that they 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. 2453, Expanding the list of persons the Commissioner of Agriculture may
license to grow or cultivate industrial hemp,
And
reports back a committee substitute therefor, with the same title, as follows:
Com.
Sub. for H. B. 2453 - ?A Bill to amend and reenact ?19-12E-5 of
the Code of West Virginia, 1931, as amended, relating to expanding the list of
persons the Commissioner of Agriculture may license to grow or cultivate
industrial hemp,"
With
the recommendation that the committee substitute do pass.
Delegate Shott, Chair of the Committee
on the, submitted the following report, which was received:
Your Committee on the Judiciary has had
under consideration:
??????????? H.
B. 2002, Relating to parental
notification of abortions performed on unemancipated minors,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2002 ? ?A Bill to amend and reenact ?16-2F-1, ?16-2F-2,
?16-2F-3, ?16-2F-4, ?16-2F-5, ?16-2F-6, and ?16-2F-8 and of the Code of West
Virginia, 1931, as amended; all relating to parental notification of abortions
performed on unemancipated minors; setting out legislative findings; defining
terms; clarifying parental notification requirements prior to performing an
abortion on an unemancipated minor; modifying waiver language; providing
exceptions; providing a judicial process to not permit parental notification;
requiring reporting; providing for disciplinary actions; and providing criminal
penalties,?
??????????? With the recommendation that the
committee substitute do pass.
Delegate Espinosa, Chair of the
Committee on Education, submitted the following report, which was received:
Your Committee on Education has had
under consideration:
??????????? H.
B. 2196, Relating to the secondary schools athletic commission,
And reports back a committee substitute
therefor, with the same title, as follows:
??????????? Com.
Sub. for H. B. 2196 - ??A Bill to amend and reenact ?18-2-25 of
the Code of West Virginia, 1931, as amended, relating to the secondary schools
athletic commission; and participation by home schooled students in
extracurricular activities,?
And,
??????????? H.
B. 2589, Permitting students who
are homeschooled or attend private schools to enroll and take classes at the
county?s vocational school,
And reports back a committee substitute
therefor, with the same title, as follows:
Com.
Sub. for H. B. 2589 - ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated
?18-5-15g, relating to requiring county boards of education to permit students
who are homeschooled or attend private schools to enroll and take classes at
the county?s vocational school,?
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. 2815, Relating to higher
education governance,
And reports back a committee substitute
therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2815 ? ?A Bill to repeal ?18B-1-5a, 18B-1-8b,
18B-1-10 of the Code of West Virginia, 1931, as amended; to repeal ?18B-1A-3 of
said code; to repeal ?18B-1B-10 and ?18B-1B-13 of said code; to repeal ?18B-2-5
and ?18B-2-7 of said code; to repeal ?18B-5-2a of said code; to amend and
reenact ?18B-1-2 and ?18B-1-6 of said code; to amend and reenact ?18B-1B-1,
?18B-1B-2, ?18B-1B-4, and ?18B-1B-6 of said code; to amend and reenact
?18B-1D-2, ?18B-1D-4, and ?18B-1D-7 of said code; to amend and reenact
?18B-2A-3 and ?18B-2A-4 of said code; to amend and reenact ?18B-3-1 of said
code; to amend and reenact ?18B-4-7 of said code; to amend and reenact
?18B-5-4, ?18B-5-6, ?18B-5-7, and ?18B-5-9 of said code; to amend and reenact
?18B-10-1, ?18B-10-1c, ?18B-10-8, and ?18B-10-16 of said code; to amend and
reenact ?18B-19-1, ?18B-19-3, ?18B-19-4, ?18B-19-5, ?18B-19-6, ?18B-19-7,
?18B-19-9, ?18B-19-10, ?18B-19-11, ?18B-19-13, and ?18B-19-14 of said code; and
to amend said code by adding thereto one new section, designated ?18B-19-19,
all relating to public education higher education governance generally;
defining terms; repealing obsolete provisions of code; clarifying scope of
rule-making authority of higher education policy commission and certain
institutions of higher education; eliminating outdated language; providing for
rule-making procedures; requiring promulgation of rules by commission, council
and certain institutions of higher education; providing for shorter time period
for commission and council to review and comment on rules proposed by governing
boards of institutions of higher education; providing legislative intent;
providing for composition of commission; providing for primary responsibility
of commission; updating and clarifying powers of commission; limiting authority
of commission over certain institutions of higher education; eliminating
authority of commission to assess institutions for payment of expenses of
commission and for funding of statewide higher education services, obligations,
or initiatives; clarifying authority of commission over review and approval of
academic programs; repealing and eliminating outdated language; eliminating
authority of commission with respect to certain financial and budget reviews
and approvals; expanding authority of certain governing boards over appointment
of president of certain higher education institutions; eliminating requirement
for approval by commission of appointment of president for certain institutions
of higher education; eliminating jurisdiction of commission relative to the accountability
system over certain institutions of higher education; providing for updated
responsibility of commission in development and advancement of public policy
agenda and collection of data for certain institutions of higher education;
eliminating certain reporting responsibilities for certain institutions of
higher education; altering authority of commission over institutional compacts
of certain institutions of higher education; eliminating requirement for
certain institutions of higher education to prepare an institutional compact
for submission to the commission; eliminating application of certain data-based
measures on certain institutions of higher education; altering timeframe for
updates to institutional compacts; eliminating commission approval of
institutional compacts of certain institutions of higher education; eliminating
authority of chancellor over coordination of policies, purposes and rules of
governing boards of certain institutions of higher education; updating powers
of governing boards; eliminating requirement of commission approval of master
plans for certain institutions of higher education; requiring certain
institutions to provide copies of master plan to Legislative Oversight
Commission on Educational Accountability; providing that rules of commission
and council related to administering a system for the management of personnel
matters do not apply to certain institutions of higher education; authorizing
governing boards to contract and pay for any supplemental employee benefit; providing
for legislative findings and purposes; clarifying authority of certain
governing boards to delegate authority to its president; clarifying authority
of commission and governing boards of certain institutions of higher education
with respect to development of rules for accreditation and determination of
minimum standards for conferring degrees;?
eliminating authority of commission to revoke an institution?s authority
to confer degrees when governing board or chief executive officer do not
provide certain information to commission; eliminating applicability of certain
commission and council rules on certain institutions of higher education;
requiring certain governing boards to promulgate and adopt rules related to
acquisitions and purchases; clarifying authority of certain governing boards
over certain purchasing activities; authorizing prepayment by commission,
council or governing boards in certain instance; expanding scope of authorized
purchasers on certain purchase contracts; updating power of Joint Committee
over performance audits of purchasing; updating authority of commission,
council and governing boards over purchase card procedures; requiring certain
governing boards to establish purchasing card procedures; clarifying authority
for state institutions to enter into design-build contracts and other commonly
accepted methods of procurement and financing for construction projects;
providing that Design-Build Procurement Act does not apply to state
institutions of higher education; providing authority to donate equipment,
supplies and materials to not for profit entity to promote public welfare;
updating certain best practices applicable to ensuring fiscal integrity of
institutions of higher education; authorizing additional situation where emergency
purchase card use is permitted; authorizing different tuition and fees for
online courses; updating time frame for payment of fees by students;
authorizing deposit of certain fees into single special revenue account by
certain institutions; updating applicability of rule by commission and council
for tuition and deferred payment plans; authorizing certain governing board to
proposed a rule related to tuition and fee deferred payment plans; authorizing
certain governing boards to authorize a mandatory auxiliary fee without
commission approval; updating tuition and fee increase percentage that requires
commission or council approval; updating conditions commission or council are
required to consider in determining whether to approve a tuition or fee increase;
revising requirements and parameters for certain revenue bonds issued by
certain governing boards; updating approvals required for issuance of certain
revenue bonds by state institutions of higher education; providing for transfer
and deposit of certain fees by certain governing boards into single special
revenue account; requiring commission and council to develop system capital
development oversight policy and providing content for such policy; requiring
each governing board to adopt a campus development plan; updating time frame
for reporting to commission and council on campus development plans;
eliminating requirement for commission approval of campus development plans of
certain governing boards; providing for content of campus development plans; eliminating
commission approval over certain capital and maintenance project lists;
authorizing certain governing boards to undertake projects not contained in
campus development plan; eliminating certain commission approvals related to
capital improvements for certain institutions; authorizing capital improvements
to be funded through notes; updating conditions to be met for certain
institutions to be responsible for capital project management; updating
requirements for capital project management rule to be promulgated and adopted
by certain governing boards; providing updated applicability and functions of
higher education facilities information system; eliminating certain
requirements related to leasing of real property by commission, council, and
governing boards; updating requirements for use of appraisals in connection
with sale of real property; updating permitted uses of proceeds from sale,
conveyance or other disposal of real property received by commission, council
or a governing board; authorizing certain governing boards to enter into
lease-purchase agreements in certain instances without commission approval;
eliminating requirement of commission approval for certain real estate and
construction transactions; and requiring certain governing boards to provide
certain information to commission,?
With the recommendation that the
committee substitute 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. 2816, Eliminating new film
tax credits.,
??????????? And reports back a committee
substitute therefore, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2816 ? ?A Bill to amend and reenact ?11-13X-4 and ?11-13X-13
of the Code of West Virginia, 1931, as amended; to amend and reenact ?11-15-9
of said code;? and to amend and reenact
?11-16-13 of said code, all relating to taxation, generally; eliminating new
film tax credits but preserving credit for taxpayers authorized to claim credit
prior to specified date; eliminating exemption from consumers sales and service
tax for certain purchases of materials acquired for use in state highway
projects; and increasing rate of barrel tax on nonintoxicating beer,?
??????????? H.
B. 2561, Relating to public
school support,
??????????? And reports back a committee
substitute therefore, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2561 ? ?A Bill to amend and reenact ?18-9A-4, ?18-9A-5,
?18-9A-6a, ?18-9A-7, ?18-9A-9 and ?18-9A-10 of the Code of West Virginia, 1931,
as amended; and to amend said Code by inserting a new section, designated
?18-9D-4d, all relating to public school support generally; determining
allowance for fundable professional educators at set ratio, rather than the
number employed subject to a limit; providing for determination of allowance
for fundable professional educator positions in excess of number employed;
determining allowance for professional educator positions that exceed the
number employed; basing minimum professional instructional personnel required
on percent of employed fundable professional educators; providing for prorating
professional instructional personnel among participating counties in joint
school or program or service; removing penalty for not meeting applicable
instructional personnel ratio for 2017-18 school year; determining allowance
for fundable service personnel at set ratio, rather than number employed
subject to a limit; providing for determination of allowance for fundable
service personnel positions in excess of number employed; providing for
proration of number and allowance of personnel employed in part by state and
county funds; adding professional student support personnel allowance to
calculation of teachers retirement fund allowance; establishing that the
teachers retirement fund allowance is factored on average retirement
contribution rate of each county and establishing basis for determining the
average retirement contribution rate; allowing?
limited portion of funds for bus purchases to be used for school
facility and equipment repair, maintenance and improvement or replacement or
other current expense priorities if requested and approved by state
superintendent following verification; changing calculation of allowance for
current expense from percent allowances for professional and service personnel
to county?s state average costs per square footage per student for operations
and maintenance;? providing for prorating
allowance for current expense among participating counties in joint school or
program or service; adding the improvement of instructional technology to the
allowance to improve instructional programs; removing authorization for use of
instructional improvement funds for implementation and maintenance of regional
computer information system; removing requirement for fully utilizing
applicable provisions of allowances for professional and service personnel
before using instructional improvement funds for employment; changing
percentage of allocation allowed for employment; removing restriction limiting
use of new instructional improvement funds for employment except for technology
system specialists until certain determination made by state superintendent;
authorizing use of instructional technology improvement funds for employment of
technology system specialists and requiring amount used to be included and
justified in strategic technology plan; specifying when certain debt service
payments are to be made into school building capital improvement fund;
authorizing use of percentages of allocations for improving instructional
programs,? for improving instructional
technology for facility and equipment repair, maintenance and improvement, or
replacement and other current expense priorities and for emergency purposes;
requiring amounts used to be included and justified in respective strategic
plans; authorizing School Building Authority to maintain a reserve fund in the
amount of not less than $600,000 for the purpose of making emergency grants to
financially distressed county boards to assist them for certain purposes;
directing grants to be made in accordance with guideline established by the
authority and deleting expired provisions,?
??????????? H.
B. 2817, Providing for the
reduction of the unfunded liability in the teachers retirement system over a 30
year period,
??????????? And reports back a committee
substitute therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2817 ? ?A Bill to amend and reenact ?11B-2-20 of the Code of
West Virginia, 1931, as amended; to amend and reenact ?18-9A-6a of said code;
to amend and reenact ?18A-4-2 of said code, all relating to compensation,
including retirement benefits, of educational personnel; redirecting a certain
amount of surplus funds to the unfunded liability of the Teachers Retirement
System from the amount otherwise directed to the Revenue Shortfall Reserve Fund
or left in the General Revenue Fund; extending the time period used by the
actuary in determining the allowance for the reduction of any unfunded
liability of the state Teachers Retirement System; providing for the fiscal year
2018 allowance for the reduction of any unfunded liability in the Teachers
Retirement Fund; providing for certain transfers from the state debt reduction
fund to the Teachers Retirement Fund and providing for an additional amount to
be paid to classroom teachers,?
??????????? H.
B. 2933, Relating to the consumers sales and service taxes and use taxes,
??????????? And reports back a committee
substitute therefor, with a new title, as follows:
??????????? Com.
Sub. for H. B. 2933 ? ?A Bill to repeal ?11-15-9k of the Code of West
Virginia, 1931, as amended; to amend and reenact ?11-15-3, ?11-15-3a, ?11-15-8,
?11-15-8a and ?11-15-9 of said code; to amend said code by adding thereto a new
section, designated ?11-15-3d; to amend and reenact ?11-15A-2 and ?11-15A-3 of
said code; to amend and reenact ?11-21-14, ?11-21-16 and ?11-21-22; and to
amend said code by adding thereto a new section, designated ?11-21-4g, all
relating to the taxes generally; reducing the general rate of consumers sales
and service taxes and use taxation; imposing a reduced rate of taxation on
sales, purchases and uses of food and food ingredients intended for human
consumption; imposing tax on sales of telecommunications services and ancillary
services; eliminating reduced rate of taxation for sales of certain mobile
homes and imposing tax on such sales at the general rate; eliminating exemption
for sales of certain personal services; eliminating exemption for sales of
certain professional services; imposing tax on portion of consideration paid
for contracting services; removing outdated language from the code regarding an
obsolete exemption related to contracting services; eliminating exemption for
sales of electronic data processing services and related software when
purchased by an ultimate consumer; eliminating exemption for sales of
membership or services provided by health and fitness organizations and related
programs; eliminating exemption for sales of primary opinion research when
purchased by an ultimate consumer; eliminating exemption for sales of
instructional services by a music teacher and certain artistic services;
eliminating exemption for commissions received by a travel agency from an
out-of-state vendor; eliminating exemption for sales of services providing
evaluations for compliance with certain environmental laws when purchased by an
ultimate consumer; deleting outdated language in the code relating to an
obsolete annual sales tax holiday for energy efficient products; eliminating
reduced rate of taxation for use of certain mobile homes and imposing tax on such
use at the general rate; eliminating the tax brackets under the personal income
tax and changing the rate of the tax; creating a standard deduction from West
Virginia taxable income for personal income taxation purposes; eliminating
personal exemptions; and eliminating the low-income family tax credit,?
??????????? With the recommendation that the
committee substitutes each do pass.
Miscellaneous Business
??????????? Delegate Robinson announced that he
was absent on today when the vote was taken on Roll No. 157, and that had he
been present, he would have voted ?Yea? thereon.
Delegate Kelly announced that he was
absent on today when the vote was taken on Roll No. 154, and that had he been
present, he would have voted ?Yea? thereon.
Delegate Lewis noted to the Clerk that
he was absent on today when the votes were taken on Roll Nos. 151 through 166,
and that had he been present he would have voted ?Yea? on all except Roll No.
155 on which he would have voted ?Nay?.
Delegate Rodighiero noted to the Clerk
that he was absent on today when the votes were taken on Roll Nos. 156 through
167 and that had he been present he would have voted ?Yea? on all except Roll
Nos. 158 and 159 on which he would have voted ?Nay?.
Delegate Lovejoy asked and obtained
unanimous consent that the remarks of Delegates Eldridge and Rohrbach during
Remarks by Members today be printed in the Appendix to the Journal.
??????????? Delegate Caputo asked and obtained
unanimous consent that the remarks of Delegate Sponaugle regarding Com. Sub.
for H. B. 2524 be printed in the Appendix to the Journal and that the remarks
of Delegates Moye and Iaquinta during Remarks by Members today also be printed
in the Appendix to the Journal.
Delegate Lynch asked and obtained
unanimous consent that the remarks of Delegate Fleischauer during Remarks by
Members today be printed in the Appendix to the Journal.
Delegate Summers asked and obtained
unanimous consent that the remarks of Delegate Moore during Remarks by Members
today be printed in the Appendix to the Journal.
Delegates Espinosa and Frich filed forms
with the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B.
2759.
??????????? Delegate Nelson filed a form with
the Clerk?s Office per House Rule 94b to be added as a cosponsor of H. B. 3062.
At
7:23 p.m., the House of Delegates adjourned until 8:30 a.m., Saturday, March 25,
2017.