__________*__________

 

 

 

Monday, January 18, 2016

SIXTH 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.

Messages from the Executive

            The following communication was laid before the House of Delegates, which was read by the Clerk as follows:

State of West Virginia

Office of the Governor

1900 Kanawha Blvd., East

Charleston, WV 25305

January 15, 2016

The Honorable Natalie Tennant

Secretary of State

State Capitol

Charleston, West Virginia 25305

Dear Secretary Tennant:

            Pursuant to W. Va. Code § 3-10-5, I have this day appointed William Flanigan, 250 Fred Street, Morgantown, Monongalia County, West Virginia 26501, as a Delegate representing the Fifty-First District of the House of Delegates, to fill the vacancy created by the resignation of the Honorable Amanda Pasdon.

                                                                                                Sincerely,

 

                                                                                                Earl Ray Tomblin,

                                                                                                   Governor.

            The Clerk announced that Delegate Flanigan had taken and subscribed to the several oaths of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia on January 18, 2016.

            The Clerk proceeded to read the Journal of Friday, January 15, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

            At the request of Delegate Cowles, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction and consideration of a resolution.

Resolutions Introduced

Delegates O’Neal, Cooper, Moye and Mr. Speaker, Mr. Armstead, on behalf of all Members of the House, offered the following resolution, which was read by the Clerk as follows:

H. R. 4 -  Memorializing the life of the Honorable Arnold W. Ryan, husband, father, grandfather, volunteer fire fighter, EMT, transportation specialist, and public servant.”

Whereas, Arnold “Arnie” W. Ryan was born on October 26, 1951, one of three sons born to Lona Harris Ryan and the late T. L. “Punk” Ryan; and

Whereas, In 1973, Arnie Ryan married the love of his life, Karen Ayers, and they shared forty-two wonderful years together.  Arnie and Karen were the proud parents of one daughter and one son, Melinda Ryan Swagger and Arnold W. Ryan II, and the loving grandparents of three grandsons, Hunter Lee Swagger, Dean Mason Ryan and Aden Lane Ryan; and

Whereas, Arnie Ryan was a retired bus driver for Raleigh County Schools where he also served as both Transportation Director and Assistant Transportation Director; and

Whereas, Arnie Ryan was first elected to the West Virginia House of Delegates representing Summers and Raleigh counties in 1984 and was reelected in 1986, 1988, 1992 and 1994.  During his ten years in the Legislature, Arnie Ryan served on various committees including the Committees on the Judiciary, Education, Political Subdivisions and Roads and Transportation. Arnie Ryan had the uncanny ability to be in one committee meeting while simultaneously listening to two other meetings at the same time and understanding what was going on in all three.  He could also strike fear in the heart of a speaker by pushing his recognition button and saying seven little words, “We’re going to read some bills now”; and

Whereas, Early in life, Arnie Ryan helped establish the Alderson Tri County Volunteer Fire Department and served as its fire chief.  Additionally, Arnie Ryan was an EMT with OH9.  His affiliations included the Raleigh County Service Personnel Association; the West Virginia School Service Personnel Association, Hinton Ruritan Club, Hinton Lions Club and the Mercer County Prayer Action Committee; and

Whereas, Arnie Ryan was a follower of his Savior Jesus Christ and was active with congregations of the Vinyard of Yahweh in Johnson City, Tennessee, Ari Yehudah Messianic Congregation and Hebraic Christian Fellowship in Bristol, Tennessee.  Arnie Ryan also supported and was involved in various ministries in Summers and Mercer counties and his mission during his last years was reaching out to the lost of Summers County, especially the youth, and showing them God’s love; and

Whereas, Arnie Ryan made arrangements to donate his body to the West Virginia School of Osteopathic Medicine in Lewisburg so that from his passing others may have hope for a cure for the illness from which he suffered; and

Whereas, Sadly, the Honorable Arnold W. Ryan passed away on Friday, July 10, 2015; therefore, be it

Resolved by the House of Delegates:

That the House of Delegates hereby memorializes the life of the Honorable Arnold W. Ryan, husband, father, grandfather, fire fighter, EMT and public servant; and, be it

Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable Arnold W. Ryan; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of the Honorable Arnold W. Ryan.

At the respective requests of Delegate Cowles, and by unanimous consent, reference of the resolution (H. R. 4) to a committee was dispensed with, and it was taken up for immediate consideration.

The question now being on the adoption of the resolution, Delegate Cowles demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 2), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent and Not Voting: Azinger, Caputo, Ellington, Moore and Rowe.        

 So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 4) adopted.

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. 2474, Relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind,

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

            In accordance with the former direction of the Speaker, the bill (H.B. 2474) was referred to the Committee on Finance.

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. 2121, Establishing a policy for formal recognition of Indian tribes,

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. 2121) was referred to the Committee on the Judiciary.

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. 2101, Eliminating obsolete government entities,

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

Com. Sub. for H.B. 2101  - “A Bill to repeal §16-5P-7 of the Code of West Virginia, 1931, as amended; and to repeal §29-12C-1 and §29-12C-2; all relating to eliminating obsolete government entities; repealing section relating to the West Virginia Council on Aging; repealing sections relating to the Patient Injury Compensation Plan Study Board.”

With the recommendation that the committee substitute do pass.

Resolutions Introduced

            On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:

By Delegates Stansbury, Householder, Summers, Ellington, Perdue, Phillips, J. Nelson, Ambler, White, Rohrbach and Westfall:

             H. J. R. 27 – “Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty-three, relating to the right to hunt, fish and harvest wildlife; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Agriculture and Natural Resources then the Judiciary.

Bills Introduced

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

            By Delegates Ellington, Summers, Bates, Faircloth, Householder, Rohrbach, Sobonya and Stansbury:

H. B. 4034 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4m; to amend said code by adding thereto a new section, designated §33-16-3y; to amend said code by adding thereto a new section, designated §33-24-7n; to amend said code by adding thereto a new section, designated §33-25-8k; and to amend said code by adding thereto a new section, designated §33-25A-8m, all relating to abuse-deterrent opioid analgesic drugs; providing insurance cover abuse-deterrent opioid analgesic drugs; providing direct health care services cover abuse-deterrent opioid analgesic drugs; providing certain contracts cover abuse-deterrent opioid analgesic drugs; defining terms; providing an effective date; providing for cost sharing; providing for cost tier location; and allowing cost containment measures”; to the Committee on Banking and Insurance then Select Committee on Prevention and Treatment of Substance Abuse.

            By Delegates Stansbury, Householder, Ellington, Summers, Rohrbach, Weld, Miller, Hanshaw, Westfall, B. White and Perdue:

H. B. 4035 --  “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-46-7; relating to permitting pharmacists to furnish naloxone hydrochloride in accordance with standardized procedures developed and approved by both the West Virginia Board of Pharmacy and the West Virginia Board of Medicine; and granting rule-making authority”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Perry, Lynch, Cooper, Romine, Rowan, Duke, Perdue and Morgan:

H. B. 4036 -- “A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to restoring language that gives preference to currently employed certified professional educators when hiring athletic coaches or coaches of other extracurricular activities in public schools”; to the Committee on Education.

            By Delegates Folk, McGeehan, Faircloth, Azinger, Wagner, Butler, Ihle, Canterbury, Hill, J. Nelson and Kurcaba:

H. B. 4037 -- “A Bill to amend and reenact §22C-9-7 of the Code of West Virginia, 1931, as amended, relating to unitization of interests in drilling units connected to deep oil or gas wells, prohibiting the state from requiring persons with oil or gas rights connected to deep oil or gas wells to involuntarily integrate their interests in a drilling unit and to require a surface owner’s consent for operations or disturbances to the surface of the land in a drilling unit connected to deep oil or gas wells”; to the Committee on Energy then the Judiciary.

            By Delegates Ellington, Summers, Bates, Faircloth, Householder and Rohrbach:

H. B. 4038 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4m; to amend said code by adding thereto a new section, designated §33-16-3y; to amend said code by adding thereto a new section, designated §33-24-7m; to amend said code by adding thereto a new section, designated §33-25-8k; and to amend said code by adding thereto a new section, designated §33-25A-8m, all relating to insurance requirements for the refilling of topical eye medication; requiring a refill take place at a certain time; and establishing when a refill is permitted”; to the Committee on Health and Human Resources.

            By Delegates Kelly, Cooper, Wagner, Kurcaba, Azinger, Romine, Border, Hamrick, Atkinson, Trecost and Rohrbach:

H. B. 4039 -- “A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to increasing salaries for teachers through fiscal year 2020”; to the Committee on Education then Finance.

            By Delegates Kelly, Rohrbach, Cooper, Frich, Sobonya, Border, Faircloth, Atkinson, Perdue, Perry and Waxman:

H. B. 4040 -- “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 and §33-16I-4, all relating to regulating step therapy protocols in health benefit plans which provide prescription drug benefits”; to the Committee on Health and Human Resources.

            By Delegates Folk, Sobonya, McGeehan, Faircloth, Kurcaba, Ihle, Azinger, R. Smith, Butler, J. Nelson and Moffatt:

H. B. 4041 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-24, relating to limiting able-bodied adults without dependents receipt of SNAP benefits to three months in a thirty-six month period, except in months in which the recipient is working, or is participating in a work, educational, or volunteer program for at least twenty hours per week; the Department of Health and Human Resources shall not request a waiver to provide SNAP benefits to able-bodied adults without dependents”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Stansbury, Householder, Summers, Ellington, Rohrbach, Miller, Hanshaw, Westfall, B. White, Perdue and R. Smith:

H. B. 4042 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, relating to granting judges the discretionary authority to depart from otherwise minimum sentencing requirements; providing exceptions; requiring reports; and requiring twenty-five percent of any financial savings realized be used to advance evidence-based practices shown to reduce recidivism”; to the Committee on the Judiciary.

            By Delegates Westfall, McCuskey, B. White, Frich, Waxman, Shott, Atkinson and Stansbury:

H. B. 4043 -- “A Bill to amend and reenact §33-40-3 of the Code of West Virginia, 1931, as amended, relating to adjusting the risk-based capital trend test for life and health insurers”; to the Committee on Banking and Insurance then Finance.

            By Delegates Stansbury, Householder, Ellington, Summers, Rohrbach, Weld, Miller, Hanshaw, Westfall, B. White and Perdue:

H. B. 4044 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2A-1, §16-2A-2, §16-2A-3, §16-2A-4, §16-2A-5 and §16-2A-6, all relating to the creation of the Ryan Brown Addiction Prevention and Recovery Fund Act to provide funding for drug addiction prevention and treatment not otherwise covered by legislative appropriations, Medicare, Medicaid or private insurance; and West Virginia Department of Health and Human Resources administering the fund”; to the Select Committee on Prevention and Treatment of Substance Abuse then Finance.

            By Delegates Hill, Blair, Hamrick, Faircloth, Ihle, Hartman, Atkinson, Howell, Moffatt, Ferro and Zatezalo:

H. B. 4045 -- “A Bill to amend and reenact §20-2-35 of the Code of West Virginia, 1931, as amended, relating to wildlife resources; and providing that all hunting and fishing licenses are valid for one year from the date issued”; to the Committee on Agriculture and Natural Resources then Government Organization.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4046 -- “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to the purchasing division”; to the Committee on Government Organization then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4047 -- “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to private club licensing”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4048 -- “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick leave”; to the Committee on Pensions and Retirement then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4049 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Air Quality to promulgate a legislative rule relating to standards of performance for new stationary sources”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4050 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Air Quality to promulgate a legislative rule relating to the control of air pollution from combustion of solid waste”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4051 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Air Quality to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4052 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West  Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Air Quality to promulgate a legislative rule relating to emission standards for hazardous air pollutants”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4053 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Air Quality to promulgate a legislative rule relating to the control of annual nitrogen oxide emissions”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4054 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Air Quality to promulgate a legislative rule relating to the control of ozone season nitrogen oxides emissions”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4055 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Air Quality to promulgate a legislative rule relating to the control of annual sulfur dioxide emissions”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4056 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Water and Waste Management to promulgate a legislative rule relating to surface mining reclamation”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4057 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Water and Waste Management to promulgate a legislative rule relating to administrative proceedings and civil penalty assessment”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4058 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Water and Waste Management to promulgate a legislative rule relating to above ground storage tank fee assessments”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4059 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Water and Waste Management to promulgate a legislative rule relating to above ground storage tank administrative proceedings and civil penalty assessment”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4060 -- “A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Fire Commission to promulgate a legislative rule relating to the fire code”; to the Committee on Industry and Labor then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4061 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating fees for service”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4062 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDS-related medical testing and confidentiality”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4063 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to Tuberculosis testing, control, treatment and commitment”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4064 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to child care licensing requirements”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4065 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to family child care facility licensing requirements”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4066 -- “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the licensing of elevator mechanics and technicians and registration of apprentices”; to the Committee on Industry and Labor then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4067 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Medical Imaging and Radiation Therapy Technology Board of Examiners to promulgate a legislative rule relating to the board”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4068 -- “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Miners’ Health, Safety and Training to promulgate a legislative rule relating to substance abuse screening standards and procedures”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4069 -- “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to general hunting”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4070 -- “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4071 -- “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to wild boar hunting”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4072 -- “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Personnel to promulgate a legislative rule relating to the administrative rule of the West Virginia Division of Personnel”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4073 -- “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing”; to the Committee on Finance then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4074 -- “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to pari-mutuel wagering”; to the Committee on Finance then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4075 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West  Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to absentee voting by military voters who are members of reserve units called to active duty”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4076 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to registration forms and receipts”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4077 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West  Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the elimination of precinct registration books”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4078 -- “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Tax and Revenue to promulgate a legislative rule relating to an exchange of information agreement between the Commissioner of the Tax Division of the Department of Revenue and the Secretary of the Department of Commerce, the Secretary of the Department of Environmental Protection, the Director of the Division of Forestry of the Department of Commerce and the Commissioners of the Public Service Commission”; to the Committee on Finance then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4079 -- “A Bill to amend and reenact article 11, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Veterans’ Assistance to promulgate a legislative rule relating to the state home for veterans”; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4080 -- “A Bill to amend and reenact article 11, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Veterans’ Assistance to promulgate a legislative rule relating to VA headstones or markers”; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4081 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Accountancy to promulgate a legislative rule relating to Board rules and rules of professional conduct”; to the Committee on Government Organization then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4082 -- “A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Administrative Hearings to promulgate a legislative rule relating to Appeal Procedures”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4083 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Agriculture to promulgate a legislative rule relating to the inspection of nontraditional domesticated animals”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4084 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Agriculture to promulgate a legislative rule relating to poultry litter and manure movement into primary poultry breeder rearing areas”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4085 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Agriculture to promulgate a legislative rule relating to livestock care standards”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4086 -- “A Bill to amend and reenact article 9, Chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Agriculture to promulgate a legislative rule relating to captive cervid farming”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4087 -- “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to distilleries and mini-distilleries”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4088 -- “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to nonintoxicating beer licensing and operations procedures”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4089 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Conservation Committee to promulgate a legislative rule relating to the West Virginia Conservation Agency Financial Assistance Program”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4090 -- “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System”; to the Committee on Pensions and Retirement then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4091 -- “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal”; to the Committee on Pensions and Retirement then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4092 -- “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers’ Defined Contribution System”; to the Committee on Pensions and Retirement then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4093 -- “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers’ Retirement System”; to the Committee on Pensions and Retirement then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4094 -- “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service, loan and correction of error interest factors”; to the Committee on Pensions and Retirement then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4095 -- “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police”; to the Committee on Pensions and Retirement then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4096 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners in Counseling to promulgate a legislative rule relating to licensing”; to the Committee on Government Organization then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4097 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners in Counseling to promulgate a legislative rule relating to marriage and family license renewal and continuing professional education requirements”; to the Committee on Government Organization then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4098 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners in Counseling to promulgate a legislative rule relating to licensed professional counselor license renewal and continuing professional education requirements”; to the Committee on Government Organization then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4099 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners in Counseling to promulgate a legislative rule relating to marriage and family therapists licensing”; to the Committee on Government Organization then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4100 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to continuing education requirements”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4101 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to expanded duties of dental hygienists and dental assistants”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4102 -- “A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia,  1931, as amended, relating to authorizing the Department of Environmental Protection, Oil and Gas to promulgate a legislative rule relating to horizontal well development”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4103 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Water and Waste Management to promulgate a legislative rule relating to requirements governing water quality standards”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4104 -- “A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection, Water and Waste Management to promulgate a legislative rule relating to above ground storage tanks”; to the Committee on Energy then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4105 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Election Commission to promulgate a legislative rule relating to the West Virginia Supreme Court of Appeals public campaign financing program”; to the Committee on Finance then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4106 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Board of Registration for Professional Engineers to promulgate a legislative rule relating to the examination, licensure and practice of professional engineers”; to the Committee on Government Organization then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4107 -- “A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Fire Commission to promulgate a legislative rule relating to the state building code; to the Committee on Industry and Labor then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4108 -- “A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Fire Commission to promulgate a legislative rule relating to standards for the certification of continuing education of municipal, county and other public sector building code officials, inspectors and plans examiners”; to the Committee on Industry and Labor then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4109 -- “A Bill  to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training and certification standards”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4110 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to farmers market vendors”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4111 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the certification of opioid overdose prevention and treatment training programs”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4112 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4113 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to infectious medical waste”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4114 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to West Virginia clearance for access; registry and employment screening”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4115 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to chronic pain management licensure”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4116 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to neonatal abstinence centers”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4117 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to family child care home registration requirements”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4118 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to W. Va. Works Program sanctions”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4119 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to qualifications for a restricted provisional license to practice as a social worker within the department”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4120 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to goals for foster children”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4121 -- “A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Highways to promulgate a legislative rule relating to the state transportation infrastructure fund program”; to the Committee on Finance then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4122 -- “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to Elevator Safety Act”; to the Committee on Industry and Labor then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4123 -- “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to wage payment and collection”; to the Committee on Industry and Labor then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4124 -- “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to minimum wage and maximum hours”; to the Committee on Industry and Labor then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4125 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to the establishment and regulation of limited license to practice medicine and surgery at certain state veterans nursing home facilities”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4126 -- “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4127 -- “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to elk restoration and management”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4128 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Nursing Home Administrators Licensing Board to promulgate a legislative rule relating to nursing home administrators”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4129 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to the licensure and practice of pharmacy”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4130 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to the Uniform Controlled Substances Act”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4131 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to record keeping and automated data processing systems”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4132 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to the licensure of wholesale drug distributors, third-party logistics providers and manufacturers”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4133 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West  Virginia, 1931, as amended, relating to authorizing .the Property Valuation and Procedures Commission to promulgate a legislative rule relating to tax map sales”; to the Committee on Finance then the Judiciary

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4134 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West  Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the Freedom of Information Act database”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4135 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Social Work to promulgate a legislative rule relating to qualifications for the profession of social work”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4136 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to the licensure of speech pathology and audiology”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4137 -- “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Tax and Revenue to promulgate a legislative rule relating to the payment of taxes by electronic funds transfer”; to the Committee on Finance then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4138 -- “A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Transportation to promulgate a legislative rule relating to rail fixed guideway systems state safety oversight”; to the Committee on Roads and Transportation then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4139 -- “A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing WorkForce West Virginia to promulgate a legislative rule relating to the West Virginia Prevailing Wage Act”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4140 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Election Commission to promulgate a legislative rule relating to the regulation of campaign finance”; to the Committee on the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4141 -- “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Human Rights Commission to promulgate a legislative rule relating to the Pregnant Workers’ Fairness Act”; to the Committee on Industry and Labor then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4142 -- “A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to speech-language pathology and audiology assistants”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates Sobonya, Frich and Moffatt:

H. B. 4143 -- “A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to the public use of names or likenesses”; to the Committee on the Judiciary.

Daily Calendar

First Reading

H. B. 4033, Adding Criminal Penalties for the Unauthorized Practice of Pharmacists Care; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Miscellaneous Business

Delegate Espinosa filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 2713.

Delegates Bates, Campbell, Ellington, Rohrbauch, Sobonya and White filed forms with the Clerk’s Office per House Rule 94b to be added as cosponsors of H. B. 4018.

Delegate Frich filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 4019.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Azinger, Caputo, Ellington and Moore.

            At 12:05 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 19, 2016.