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Friday, January 15, 2016

THIRD DAY

[MR. SPEAKER, MR. ARMSTEAD, IN THE CHAIR]

 

 

            The House of Delegates met at 11:00 a. m., and was called to order by the Honorable Tim Armstead, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Thursday, January 14, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 2026, Allowing terminally ill patients to have access to investigational products that have not been approved by the Federal Food and Drug administration,

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

In accordance with the former direction of the Speaker, the bill (H.B. 2026) was referred to the Committee on the Judiciary.

Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration:

H. B. 2511, Health Care Sharing Ministries Freedom to Share Act,

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

In accordance with the former direction of the Speaker, the bill (H.B. 2511) was referred to the Committee on the Judiciary.

Delegate Ellington, Chair of the Committee on Health and Human Resources submitted the following report, which was received: 

On motion for leave a bill was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title, as follows:

By Delegates Ellington, Summers, Householder, Rohrbach, Stansbury, Waxman, Perdue and Rodighiero:

H. B.  4033 - AA Bill to amend and reenact §30-5-34 of the Code of West Virginia, 1931, as amended, relating to establishing a criminal penalty; permitting the board to contact law enforcement with information concerning a criminal offense; prohibiting the practice of pharmacist care without a license; prohibiting assistance to practice of pharmacist care without a registration; permitting the fining of a person practicing with an encumbered license; permitting the fining of a person practicing with an encumbered registration; establishing a fine.”

Resolutions Introduced

            Delegates Ambler, Canterbury and Cowles offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 5 – “Requesting the Division of Highways to name bridge number 13-64-179.36 EB and WB (13A165, 13A166) (37.79163, -80.29291), locally known as Mountain Avenue Bridge, carrying Interstate 64 over Tuckahoe Run and CR 50 in Greenbrier County, the ‘U.S. Army PV2 Eskridge A. Waggoner Memorial Bridge’.”

Whereas, Eskridge Allen Waggoner was born on June 2, 1910, in Alvon, Greenbrier County, the oldest son of the late Lloyd M. and Minnie Boggs Waggoner; and

Whereas, Eskridge A. Waggoner attended the Hull School until eighth grade and helped on the family farm; and

Whereas, Eskridge A. Waggoner was a self-taught mechanic and handyman; and

Whereas, Following the death of his wife, Edna Coulter Waggoner, Eskridge A. Waggoner enlisted in the U.S. Army on February 20, 1942, at Fort Thomas, Newport, Kentucky; and

Whereas, Private Eskridge A. Waggoner was a scout for his company when it assaulted the Salerno Beach Head in Italy on September 9, 1943. Against intense artillery and machine gun fire from the well entrenched enemy positions, Private Waggoner moved inland from the shore advancing toward the assigned objective when he spotted several enemy machine gun nests. Knowing that his comrades must be warned of the exact location of the guns and aware that by doing so he would give his own location to the enemy and expose himself to their fire, Private Waggoner deliberately opened fire with tracer bullets, thereby marking the danger spots for his fellow soldiers; and

Whereas, During this action, Private Eskridge A. Waggoner was killed by an enemy sniper; and

Whereas, The valiant sacrifice of Private Eskridge A. Waggoner gave his company time to consolidate and move against the enemy with concerted action and helped save the lives of many American soldiers and contributed greatly to the success of the invasion; and

Whereas, Private Eskridge A. Waggoner was posthumously awarded the Silver Star on October 23, 1944, for his gallant action; and

Whereas, It is fitting and proper that U.S. Army Private Eskridge A. Waggoner be remembered and acknowledged for his courageous action and dedicated service to his country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 13-64-179.36 EB and WB (13A165, 13A166) (37.79163, -80.29291),locally known as Mountain Avenue Bridge, carrying Interstate 64 over Tuckahoe Run and CR50 in Greenbrier County, the "U.S. Army PV2 Eskridge A. Waggoner Memorial Bridge"; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "U.S. Army PV2 Eskridge A. Waggoner Memorial Bridge"; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the surviving family of Private Eskridge A. Waggoner.

BILLS INTRODUCED

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

By Delegates Ellington, Summers, Householder, Rohrbach, Border, Westfall, Cooper, Ireland, Lane, Gearheart and D. Evans:

H. B. 4010 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §9-3-6, relating to drug screening for applicants of benefits from the Temporary Assistance for Needy Families Program; requiring drug testing of applicants for whom there is a reasonable suspicion of substance abuse; creating a pilot program; setting forth an effective date; defining terms; providing basis for reasonable suspicion of drug use; requiring participation in a substance abuse treatment, counseling and job skills program with an adverse drug test; precluding assistance for refusal to take a drug test; establishing administrative review of decisions to deny benefits; providing a mechanism for dependent children to receive benefits if a parent is deemed ineligible; setting forth prohibition from benefits for an adverse drug test; requiring investigation by Child Protective Services upon an adverse drug test; setting forth a procedure for reapplication for benefits; authorizing rulemaking by the Department of Health and Human Resources; requiring results of the drug screen or drug test remain confidential; providing criminal penalties; requiring an annual report to the Legislature; setting out elements of the annual report; requiring federal approval of the program; requiring the secretary to modify the program to meet any federal objections and allowing for exceptions”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Cooper, D. Evans, Ambler, Perry, Moye, Lynch, Kelly, Wagner, Statler, Westfall and Rowan:

H. B. 4024 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-3, relating to student assessment in grades K-12, prohibiting the use of the Smarter Balanced Assessment and requiring schools to assess student progress by alternate methods”; to the Committee on Education.

            By Delegates Perry, Ambler, Cooper, D. Evans, Moye, Lynch, Romine, Rowan, Perdue, Morgan and Ferro:

H. B. 4025 -- “A Bill to amend and reenact §18-2-3 of the Code of West Virginia, 1931, as amended, relating to requiring members of the State Board of Education to be physically present in state board meetings”; to the Committee on Education.

            By Delegates Perry, Morgan, Kessinger, Wagner, Kurcaba, Statler, Romine, Campbell, Fast, Rowe and Moye:

H. B. 4026 -- “A Bill to amend and reenact §18-9D-1 of the Code of West Virginia, 1931, as amended, relating to limiting citizen members of the School Building Authority to serving no more than two terms”; to the Committee on Education.

            By Delegates Ambler, Perry, Cooper, D. Evans, Wagner, Trecost, Duke, Upson, Rowan, Romine and Moye:

H. B. 4027 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-1b, relating to increasing pay to teachers and service personnel by two percent the first year, two percent the second and three percent in the third year”; to the Committee on Education then Finance.

            By Delegates Perry, Moye, Ambler, Lynch, Romine, Rowan, Perdue, Morgan and Pethtel:

H. B. 4028 -- “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, to the Committee on Education as amended relating to providing that school instructional terms .for students may begin no earlier than September 1 and must terminate on or before June 5; decreasing the number of instructional days for students by five days; requiring five days for professional development or continuing education; permitting county boards of education to contract with school personnel for employment terms in excess of two hundred days per year; and making stylistic changes”; to the Committee on Education.

            By Delegates Mr. Speaker (Mr. Armstead), and Delegate Miley:

H. B. 4029 -- “A Bill to amend and reenact §11-24-43a of the Code of West Virginia, 1931, as amended, relating to dedication of corporation net income tax proceeds to railways; and specifying that dedication of corporation net income tax proceeds to railways expires and is void on and after January 1, 2016”; to the Committee on Finance.

            By Delegates Mr. Speaker (Mr. Armstead), and Delegate Miley:

H. B. 4030 -- “A Bill to amend and reenact §11-21-9 and §11-21-71a of the Code of West Virginia, 1931, as amended, all relating to updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act; changing due dates for partnership returns; and specifying effective dates”; to the Committee on Finance.

            By Delegates Frich, Sobonya, Howell, Moffatt, Hanshaw, McCuskey, Shott, Overington, Mr. Speaker (Mr. Armstead), Rowe and Fleischauer:

H. B. 4031 -- “A Bill to amend and reenact §29A-3-5 of the Code of West Virginia, 1931, as amended, relating to requiring agencies to respond to public comments received during the rule-making process”; to the Committee on Government Organization.

            By Delegates Mr. Speaker (Mr. Armstead), and Delegate Miley:

H. B. 4032 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21A-1-9, relating to the creation of the Self-Employment Assistance Act, which provides assistance to eligible participants engaged full-time in starting a business and becoming self-employed, and granting rule-making authority”; to the Committee on Small Business, Entrepreneurship and Economic Development then Finance.

Remarks of Members

            Delegate J. Nelson asked and obtained unanimous consent that the remarks of Delegate Cadle regarding Army Staff Sgt. Matthew McClintock, fallen soldier, be printed in the Appendix to the Journal.

Miscellaneous Business

 

            Delegates Folk, Sponaugle, Hicks, McCuskey, Rodighiero, Hornbuckle, R. Phillips, Marcum, Boggs and Bates filed a form with the Clerk’s Office per House Rule 94b to be added as cosponsors of H. B. 4020.

At 11:20 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, January 18, 2016.

 

 

 

    HOUSE OF DELEGATES

STEPHEN J. HARRISON, Clerk

   Building 1, Room M-212

  1900 Kanawha Blvd., East

 Charleston, WV 25305-0470