Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

West Virginia Legislature

JOURNAL

of the

House of Delegates

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 Friday, February 6, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Delegate Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

And reports the same back, with amendment, with the recommendation that it do pass, as amended.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

H. B. 2292, State Fire Commission to promulgate a legislative rule relating to volunteer firefighters’ training, equipment and operating standards,

H. B. 2325, State Fire Marshal, legislative rule relating to supervision of fire protection work, And,

H. B. 2327, Governor’s Committee on Crime, Delinquency and Correction, relating to law enforcement training and certification standards,

And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 2292, H. B. 2305, H. B. 2325 and H. B. 2327) were each referred to the Committee on the Judiciary.

Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

H. B. 2353, Real Estate Appraiser Licensing and Certification Board, requirements for registration and renewal of appraisal management companies,

H. B. 2355, Secretary of State, standards and guidelines for electronic notarization,

And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.

In accordance with the former direction of the Speaker, the bills (H. B. 2319, H. B. 2353, H. B. 2355 and H. B. 2356) were each referred to the Committee on the Judiciary.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

And reports back a committee substitute therefor, with a same title, as follows:

Com. Sub. for H. B. 2568 – “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6 and §16-2M-7, all relating to prohibiting certain abortions; stating legislative findings; defining terms; requiring a calculation of gestational age before an abortion is performed or attempted, except in certain cases; prohibiting abortions when the gestational age of the fetus reaches pain capable gestational age; creating certain exceptions to that prohibition; requiring a physician performing an abortion of a fetus that has reached pain capable gestational age to use the process most likely to allow the fetus to survive, with certain exceptions; requiring reporting of all completed abortions and that the reports contain certain information regarding the abortion; requiring an annual public report that provides statistics of the abortions while keeping the identities of the persons involved confidential; deeming violations by physicians and other licensed medical practitioners to be a breach of the standard of care and outside the scope of practice that is permitted by law; allowing for loss of license to practice for violation; constituting violations for nonphysician and nonlicensed medical practitioners as unauthorized practice of medicine and subject to criminal penalties; preserving existing legal remedies for violations; and clarifying that no penalty may be assessed against a patient; and making provisions severable,”

At the respective requests of Delegate Cowles, and by unanimous consent, the bill (Com. Sub. for H. B. 2568) was taken up for immediate consideration, read a first time and ordered to second reading.

Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

H. B. 2274, Authorizing the Commissioner of Corrections to enter into mutual aid agreements,

And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference to the Committee on Finance be dispensed with.

In the absence of objection, reference of the bill (H. B. 2274) to the Committee on Finance was abrogated.

The Clerk of the Senate, announced that the Senate had refused to concur in the amendment of the House of Delegates and requested the House to recede from its amendment to

Com. Sub. for S. B. 13, Reinstating open and obvious doctrine for premises liability.

On motion of Delegate Cowles, the House of Delegates refused to recede from its amendment and requested the Senate to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

The Speaker appointed as conferees on the part of the House of Delegates the following:

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

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. 250 - “A Bill to amend and reenact §19-21A-4a of the Code of West Virginia, 1931, as amended, relating to the administration of the West Virginia Conservation Agency programs; providing that conservation district supervisors have their applications to participate in West Virginia Conservation Agency financial assistance programs evaluated and approved or rejected by the West Virginia Conservation Agency; prohibiting conservation district supervisor from voting for authorization, approval or ratification of a contract in which he or she or an immediate family member is beneficially interested; and requiring the State Conservation Committee to propose rules for legislative approval”; which was referred to the Committee on Agriculture and Natural Resources then the Judiciary.

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. 261 - “A Bill to amend and reenact §22-14-3 of the Code of West Virginia, 1931, as amended, relating to dams; and clarifying definition of “owner” of dam”; which was referred to the Committee on Agriculture and Natural Resources then the Judiciary.

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. 374 - “A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to permitting parole hearings to be conducted without the presence of the inmate when a documented medical condition precludes his or her appearance”; which was referred to the Committee on the Judiciary.

The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of

Com. Sub. for S. B. 375 - “A Bill to amend and reenact §62-12-23 of the Code of West Virginia, 1931, as amended, relating to specifying who receives notice of parole hearings via regular or certified mail”; which was referred to the Committee on the Judiciary.

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:

H. B. 2659 -- “A Bill to amend and reenact §23-2-1b of the Code of West Virginia, 1931, as amended, relating to workers’ compensation; employers and employees subject to coverage; and providing that paid county or municipal fire departments and duly incorporated volunteer fire departments pay reduced premiums when not actively engaged in fire fighting”; to the Committee on Finance.

By Delegates Frich, Walters, Butler, Householder, Arvon, Howell, Ellington, Summers, Rohrbach, Waxman and Westfall:

H. B. 2660 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-12D-1, §33-12D-2, §33-12D-3, §33-12D-4, §33-12D-5, §33-12D-6, §33-12D-7 and §33-12D-8, all relating to health insurance exchange navigators and nonnavigator assisters; providing protection against consumer identity theft by navigators and nonnavigator assisters; definitions; requiring registration of navigators and nonnavigator assisters; qualifications and requirements for registration; application for registration; information required for application; application fee; criminal background check; disqualification from registration for conviction for certain offenses and certain other circumstances; establishing a registered navigator and nonnavigator assister list; requiring notice of change of registrant information; prohibiting certain conduct; suspension or revocation of registration; administrative penalties upon a finding of certain prohibited conduct; promulgation of legislative rules”; to the Committee on Health and Human Services then the Judiciary.

By Delegates Frich, Walters, Householder, Ellington, Rohrbach, Waxman, Faircloth, Westfall, Shott, Fast and Deem:

H. B. 2661 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16I-1, §33-16I-2, §33-16I-3, §33-16I-4 and §33-16I-5, all relating to the protection and privacy of persons seeking health insurance assisted by navigators and nonnavigator assisters under the federal Affordable Care Act; definitions; requirements and qualifications for navigators and nonnavigator assisters; certification by the Insurance Commissioner of navigators and nonnavigator assisters meeting the requirements and qualifications; establishing a criminal felony offense for certain acts of misuse or disclosure of personally identifiable information by navigators and nonnavigator assisters; criminal penalties upon conviction; establishing misdemeanor criminal offenses for violation of the article and providing criminal penalties upon conviction thereof; providing for injunctive relief to enforce the provisions of the article; and providing for the institution of criminal proceedings”; to the Committee on Health and Human Resources then Judiciary.

By Delegates Stansbury, Ellington, Householder, Phillips, R., Byrd, Faircloth, Sponaugle, Weld, Moore, B. White and Pushkin:

H. B. 2662 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4 and §16-46-5, all relating to enacting the eye care consumer protection law; defining certain terms; providing that contact lenses and spectacles require a prescription that must be performed by a licensee; requiring certain actions to be taken with regard to contact lens and spectacle prescriptions; prohibiting the dissemination of spectacles and contact lenses without a prescription from a licensee; providing that the West Virginia Board of Optometry enforce the Eye Care Consumer Protection Law; allowing the West Virginia Board of Optometry to promulgate rules regarding the enforcement of the Eye Care Consumer Protection Law; providing criminal penalties”; to the Committee on Health and Human Resources.

H. B. 2663 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-10G-5a, relating to creating the Rehabilitation Services Vending Program Fund”; to the Committee on Finance.

By Delegates Sobonya, Butler, McCuskey, Stansbury, E. Nelson, Ihle, Householder, Ellington, Westfall, Marcum and Byrd:

H. B. 2664 - “A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to creating ‘Andrea and Willy’s Law’; and increasing certain penalties for driving under the influence of alcohol, controlled substances or drugs”; to the Committee on the Judiciary then Finance.

By Delegates Folk, Skinner, Espinosa, Householder, Faircloth, Overington, Upson, Blair, Perdue, Sobonya and Waxman:

H. B. 2665 - “A Bill to amend and reenact §17C-5-2b of the Code of West Virginia, 1931, as amended, relating to participation in Motor Vehicle Alcohol Test and Lock Program; limiting eligibility for participation in the program and for dismissal and discharge of charges”; to the Committee on Roads and Transportation then the Judiciary.

H. B. 2666 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6M-1, §46A-6M-2, §46A-6M-3 and §46A-6M-4, all relating to creating the Internet Service Provider Accountability Act; defining terms; making legislative findings; designating a contract between an Internet service provider and a subscriber to be an adhesion contract; and providing remedies”; to the Committee on the Judiciary.

H. B. 2667 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-6, relating to electronic cigarettes and vapor products; requiring the listing of the ingredients contained in the products; and prohibiting the sale of unlabeled vapor products in this state”; to the Committee on Health and Human Resources.

By Delegates Walters, Canterbury, Ambler, Hanshaw, Hartman, Sponaugle and R. Phillips:

H. B. 2668 - “A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the allowance of mortgage or deed of trust interest paid on a personal residence as a deduction for personal income tax purposes”; to the Committee on Finance.

H. B. 2669 - “A Bill to amend and reenact §16-3D-2 and §16-3D-3 of the Code of West Virginia, 1931, as amended, all relating to compulsory tuberculosis testing; defining terms; removing requirement for compulsory tuberculosis testing for school children transferring from outside this state; removing the requirement for recording test results, immediate evaluations by a physician of positive reactors, and X rays upon a positive test; omitting the requirement for all school personnel to have one tuberculin test at the time of employment; and eliminating the requirement that local health officers be responsible for arranging follow-up of school personnel and students who are not able to get a physician evaluation for a positive tuberculin skin test”; to the Committee on Education then Health and Human Resources.

H. B. 2670 - “A Bill to amend and reenact §30-3E-3 of the Code of West Virginia, 1931, as amended, relating to prescription authority for physician assistants; directing the West Virginia Board of Medicine and the West Virginia Board of Osteopathic Medicine to promulgate legislative rules; and allowing physician assistants to issue nonrenewable prescriptions for a seventy-two hour supply of drugs listed on Schedule II and a three-month supply of drugs listed on Schedule III of the Uniform Controlled Substances Act”; to the Committee on Health and Human Resources then the Judiciary.

H. B. 2671 - “A Bill to amend the Code of West Virginia, 1931, as amended, adding thereto a new section, designated §29-22-30, relating to the establishment of the state Parks Benefit Game; and the establishment of the state Parks Lottery Fund”; to the Committee on the Judiciary then Finance.

H. B. 2672 - “A Bill to amend and reenact §18-2-5 of the Code of West Virginia, 1931, as amended, relating to the State Board of Education; and providing that the board require that public schools provide facilities for students of all faiths and religions to have a place of fellowship, prayer and worship”; to the Committee on Education then Finance.

Com. Sub. for H. B. 2011, Relating to disbursements from the Workers' Compensation Fund where an injury is self inflicted or intentionally caused by the employer; on third reading, coming up in regular order reported by the Clerk.

Delegate Sponaugle moved that the bill be recommitted to the Committee on the Judiciary.

The Delegate then asked and obtained unanimous consent that the motion be withdrawn.

At the request of Delegate Cowles, and by unanimous consent, Com. Sub. for H. B. 2011 was laid over one day, retaining its place on the calendar.

Com. Sub. for H. B. 2005, Relating to alternative programs for the education of teachers; on second reading, coming up in regular order, was read a second time.

Delegate Cowles asked unanimous consent that the bill be advanced to third reading with amendments pending and the restricted right to amend by Delegate Pasdon, which was not granted, Delegate Moye objecting.

The yeas and nays having been ordered, they were taken (Roll No. 48), and there were--yeas 62, nays 37, absent and not voting 1, with the nays and absent and not voting being as follows:

Nays: Bates, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Frich, Guthrie, Hamilton, Hartman, Hicks, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, P. Smith, Sponaugle, Trecost, H. White and Williams.

So, a majority of the members present having voted in the affirmative, the Speaker declared the motion adopted.

Com. Sub. for H. B. 2223, Including consumer credit sales that are secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling or residential real estate in the definitions of “primary mortgage loan” and “subordinate mortgage loan”; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

H. B. 2224, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page two, section seven, line three, after the word “associate”, by striking the remainder of subsection (c) and inserting in lieu thereof “as a military company or organization for historical, artistic or fictional performances; or, for an individual or group of individuals to drill, perform or parade at public ceremonies, including funerals.”

H. B. 2576, Creating new code sections which separate the executive departments; on second reading, coming up in regular order, was read a second time.

An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page seventeen, new section 1j, line thirteen, after subdivision eight, by striking out the words “Division of Banking” and inserting in lieu thereof the words “Division of Financial Institutions”.

At 11:57 a.m., on motion of Delegate Cowles, the House of Delegates recessed for ten minutes.

Consideration of H. B. 2576, Creating new code sections which separate the executive departments, resumed once the House reconvened.

On motion of Delegate Howell, the bill was amended on page nine, line six, section one, after the words “of this”, by striking out the word “subsection” and inserting in lieu thereof the word “section”.

On page nine, line seven, after the word “in”, by striking out the year “2011” and inserting in lieu thereof the year “2015”.

On page nine, beginning on line thirteen after the word “designated”, by striking out the words “section one-a, article two, chapter five-f, section one-b, article two, chapter five-f, section one-c, article two, chapter five-f, section one-d, article two, chapter five-f, section one-e, article two, chapter five-f, section one-f, article two, chapter five-f, section one-g, article two, chapter five-f, section one-h, article two, chapter five-f, section one-i, article two, chapter five-f, section one-j, article two, chapter five-f, section one-k, article two, chapter five-f and section one-l, article two, chapter five-f. These new sections” and inserting in lieu thereof the words “sections one-a, one-b, one-c, one-d, one-e, one-f, one-g, one-h, one-i, one-j, one-k, and one-l of this article” and a comma.

On page nine, line eighteen, after the word “for”, by inserting the word “the”.

On page nine, line twenty, by striking out the word “subsection” and inserting in lieu thereof the word “section”.

On page nine, line twenty, after the words “of this section in”, by striking out the remainder of the sentence and inserting in lieu thereof the words “2015 and for the purpose of providing corrective descriptions of an agency and corrective code references and deleting references to agencies, boards or commissions that have been repealed.”

On page ten, line five, by striking out the word “subsections” at the beginning of the line and inserting in lieu thereof the word “sections”.

On page ten, line five, after the word “shall”, by striking out the word “to”.

On page eleven, line twenty-two, by striking out the words “Public Defender Services” and inserting in lieu thereof “Indigent Defense Commission”.

On page thirteen, section one-b, line eighteen, after the word “article”, by striking out the word “two-h” and inserting in lieu thereof the word “two”.

On page fourteen, section one-e, line fourteen, after the number (5), by striking out the remainder of the sentence and inserting in lieu thereof the words “Office of Oil and Gas provided in article six, chapter twenty-two of this code; and”.

On page fourteen, beginning on line eighteen, by striking out subsection (7) in its entirety.

On page fifteen, section one-h, line twenty, after the number (6) by striking out the words “Commission on Mental Retardation” and inserting in lieu thereof the words “State Commission on Intellectual Disability”.

On page seventeen, section one-j, line three, after the number (1), by inserting the words “The State”.

One page seventeen, section one-j, line three, after the words “provided in”, by inserting the words “article one” and a comma.

On page seventeen, line fourteen, after the words “article two”, by striking out the words “of this chapter” and inserting in lieu thereof a comma followed by the words “chapter eleven-b of this code”.

On page eighteen, section one-l, line ten, after the word “Veterans’”, by striking out the word “Assistance” and inserting in lieu thereof the word “Affairs”.

On page eighteen, line thirteen, after the word “Veterans’”, by striking out the word “Assistance” and inserting in lieu thereof the word “Affairs”.

There being no further amendments, the bill was then ordered to engrossment and third reading.

Com. Sub. for H. B. 2005, Relating to alternative programs for the education of teachers, still being in possession of the Clerk, was taken up for further consideration.

The Speaker clarified that the earlier motion to advance the bill to third reading with amendments pending and the restricted right to amend by Delegate Pasdon required a rules suspension and had been rejected, two thirds of the members present not having voted in the affirmative.

Delegate Cowles then asked and obtained unanimous consent that the bill be advanced to third reading with amendments pending and the right to amend jointly by Delegates Pasdon and Perry.

First ReadingThe 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. 7, Requiring CPR and care for conscious choking instruction in public schools,

Com. Sub. for H. B. 2266, Relating to the publication requirements of the administration of estates,

H. B. 2370, Increasing the powers of regional councils for governance of regional education service agencies,

H. B. 2444, Providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals.

At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegate Wagner.

At 12:26 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 10, 2015.