__________*__________

Wednesday, January 20, 2016

EIGHTH DAY

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

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

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

            The Clerk proceeded to read the Journal of Tuesday, January 19, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Delegate Overington, Chair of the Committee on Industry and Labor, submitted the following report, which was received:

Your Committee on Industry and Labor has had under consideration:

H. B. 4060, State Fire Commission, State Fire Code,

H. B. 4066, Division of Labor, Licensing of Elevator Mechanics and Technicians and Registration of Apprentices,

H. B. 4107, State Fire Commission, State Building Code,

H. B. 4108, State Fire Commission, Standards for the Certification and Continuing Education of Municipal, County, and Other Public Sector Building Code Officials, Inspectors and Plans Examiners,

H. B. 4122, Division of Labor, Elevator Safety Act,

H. B. 4123, Division of Labor, Wage Payment Collection,

And,

H. B. 4124, Division of Labor, Minimum Wages, Maximum Hours, and Overtime Compensation,

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. 4060, H. B. 4066, H. B. 4107, H. B. 4108, H. B. 4122, H. B. 4123 and H. B. 4124) were each referred to the Committee on the Judiciary.

Delegate Evans, Chair of the Committee on Agriculture and Natural Resources submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

H. B. 4084, Department of Agriculture, rule relating to poultry litter and manure movement into primary poultry breeder rearing areas,

H. B. 4085, Department of Agriculture, rule relating to livestock care standards,

H. B. 4086, Department of Agriculture, rule relating to captive cervid farming,

And,

H. B. 4089, State Conservation Committee, rule relating to the West Virginia Conservation Agency Financial Assistance Program,

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. 4084, H. B. 4085, H. B. 4086 and H. B. 4089) were each referred to the Committee on the Judiciary.

Delegate Evans, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

H. B. 4083, Department of Agriculture, rule relating to the inspection of nontraditional domesticated animals,

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. 4083) was referred to the Committee on the Judiciary.

Delegate Hamilton, Chair of the Committee on Agriculture and Natural Resources, submitted the following report, which was received:

Your Committee on Agriculture and Natural Resources has had under consideration:

H. B. 4069, Division of Natural Resources, rule relating to general hunting,

H. B. 4070, Division of Natural Resources, rule relating to deer hunting,

H. B. 4071, Division of Natural Resources, rule relating to wild boar hunting,

H. B. 4126, Division of Natural Resources, rule relating to prohibitions when hunting and trapping,

And,

H. B. 4127, Division of Natural Resources, rule relating to elk restoration and management,

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. 4069, H. B. 4070, H. B. 4071, H. B. 4126 and H. B. 4127) were each referred to the Committee on the Judiciary.

On motion for leave, a bill was introduced (Originating in the Committee on Roads and Transportation and reported with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Hamrick, Ambler, Boggs, Cadle, Guthrie, Longstreth, Rohrbach and Gearheart:

H. B. 4188 - - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §17-4-55 and §17-4-56, all relating to the development and implementation of a program to facilitate commercial sponsorship of rest areas and welcome centers on controlled-access highway facilities; providing for sponsorship agreements; agreement requirements; disposition of funds received from sponsorship agreements; requiring promulgation of legislative rules; providing for an annual report of the status of the program; establishing the Legislative Oversight Commission on Controlled-access Highways Facilities Sponsorship; membership; compensation and expenses of members; duties of the commission; and providing for an annual report.”

The Speaker referred the bill to the Committee on Finance.

Delegate Storch, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

Your Committee on Political Subdivisions has had under consideration:

H. B. 2969, Requiring that a county itemize and publish all activity related to budget stabilization funds,

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

            In accordance with the former direction of the Speaker, the bill (H.B. 2969) was referred to the Committee on Finance.

Delegate Storch, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

Your Committee on Political Subdivisions has had under consideration:

H. B. 2904, Requiring the clerk of a county commission to maintain a county ordinance book,

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. 2904) was referred to the Committee on the Judiciary.

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

By Delegates Ellington, Summers, Householder, Stansbury, Campbell and Fleischauer:

H. B. 4209 B AA Bill to amend and reenact §11-27-38 of the Code of West Virginia, 1931, as amended, relating generally to health care provider taxes; modifying expiration date for tax rate on eligible acute care hospitals; changing tax rate on eligible acute care hospitals; and providing for disbursement of any funds remaining in the Eligible Acute Care Provider Enhancement Account.@

The Speaker referred the bill to the Committee on Finance.

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

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

H. B. 4061, Department of Health and Human Resources, rule relating fees for service, 

H.B. 4062, Department of Health and Human Resources, rule relating to AIDS-related medical testing and confidentiality,

H.B. 4063, Department of Health and Human Resources, rule relating to Tuberculosis testing, control, treatment and commitment,

H.B. 4067, Medical Imaging and Radiation Therapy Technology Board of Examiners, rule relating to the board,

H.B. 4100, Board of Dental Examiners, rule relating to continuing education requirements,

H.B. 4101, Board of Dental Examiners, rule relating to expanded duties of dental hygienists and dental assistants,

H.B. 4111, Department of Health and Human Resources, rule relating to the certification of opioid overdose prevention and treatment training programs,

H.B. 4113, Department of Health and Human Resources, rule relating to infectious medical waste,            

And,

H. B. 4114, Department of Health and Human Resources, rule relating to West Virginia clearance for access; registry and employment screening,

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. 4061, H. B. 4062, H. B. 4063, H. B. 4067, H. B. 4100, H. B. 4101, H. B. 4111, H. B. 4113 and H. B. 4114) were each 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. 4038, Relating to insurance requirements for the refilling of topical eye medication,

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

Com. Sub. for H. B. 4038 B- A 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,@

With the recommendation that the committee substitute do pass.

Delegate Ireland, Chair of the Committee on Energy, submitted the following report, which was received:

Your Committee on Energy has had under consideration:

H. B. 4049, Department of Environmental Protection, Air Quality, rule relating to standards of performance for new stationary sources,

H. B. 4050, Department of Environmental Protection, Air Quality, rule relating to standards of performance for new stationary sources,

H. B. 4051, Department of Environmental Protection, Air Quality, rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities,

H. B. 4052, Department of Environmental Protection, Air Quality, rule relating to emission standards for hazardous air pollutants,

H. B. 4053, Department of Environmental Protection, Air Quality, rule relating to the control of annual nitrogen oxide emissions,

H. B. 4054, Department of Environmental Protection, Air Quality, rule relating to the control of ozone season nitrogen oxides emissions,

H. B. 4055, Department of Environmental Protection, Air Quality, rule relating to the control of annual sulfur dioxide emissions,

H. B. 4056, Department of Environmental Protection, Water and Waste Management, rule relating to surface mining reclamation,

And,

H. B. 4057, Department of Environmental Protection, Water and Waste Management, rule relating to administrative proceedings and civil penalty assessment,

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. 4049, H. B. 4050, H. B. 4051, H. B. 4052, H. B. 4053, H. B. 4054, H. B. 4055, H. B. 4056 and H. B. 4057) 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:

Your Committee on the Judiciary has had under consideration:

H. B. 2800, Adding law-enforcement officers' contact information and names of family members to the list of exemptions from public records requests,

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

Com. Sub. for H. B. 2800 - “A Bill to amend and reenact §29B-1-2 and §29B-1-4 of the Code of West Virginia, 1931, as amended, all relating to adding law‑enforcement officers= contact information and the names and contact information of family members to the list of exemptions from public records requests; providing exception for law-enforcement information voluntarily disclosed on campaign documentation; providing exception for law-enforcement officer’s government-issued email addresses and telephone numbers; and defining law-enforcement officers,”

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. 2852, Relating to legalizing and regulating the sale and use of fireworks,

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. 2852) was referred to the Committee on Finance.

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. 2147, Requiring the circuit court, when appointing counsel for alleged protected persons, to make appointments from a listing of all interested and qualified attorneys in the circuit,

And reports the same back, with amendment, with the recommendation that it 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. 2796, Providing paid leave for certain state officers and employees during a declared state of emergency,

And reports the same back with the recommendation that it do pass.

Delegate Shot, 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. 2584, Allowing a judge to excuse a potential juror from jury duty until a later date based on seasonal employment,

And reports the same back, with amendment, with the recommendation that it 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. 2588, Relating to the filing of financial statements with the Secretary of State,

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

Com. Sub. for H. B. 2588 – “A Bill to amend and reenact §3-8-5b of the Code of West Virginia, 1931, as amended, relating to the filing of financial statements with the Secretary of State; providing that these must be in an electronic format; providing for exceptions in instances where a candidate has been unable to file the financial statement, and, providing for exceptions in the case of hardship,”

With the recommendation that the committee substitute do pass.

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

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

H. B. 4035, Permitting pharmacists to furnish naloxone hydrochloride,

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. 4035) was referred to the Committee on the Judiciary.

Resolutions Introduced

Delegates R. Phillips, Marcum, Eldridge, Moffatt and P. White offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 6 – “Requesting the Division of Highways to name the bridge on County Route 80 over Huff Creek in Logan County, bridge number 23-80-5.66  (23A089), latitude 37.73012, longitude -81.87272, locally known as the Huff Junction Beam Span, the ‘U. S. Army CPL F. Lee Noel Memorial Bridge’.”

Whereas, U. S. Army CPL F. Lee Noel was born on April 14, 1928, in Wilsondale in Wayne County to E. R.  Noel, Sr. and Vicey Ann Marcum Noel and died on September 3, 2014; and

Whereas, U. S. Army CPL F. Lee Noel graduated in 1948 from Lenore High School where he lettered in basketball; and

Whereas, U. S. Army CPL F. Lee Noel was inducted into the U. S. Army on December 5, 1950, served in the 3^rd Armored Division, the Korean Conflict and was honorably discharged on November 14, 1956; and

Whereas, U. S. Army CPL F. Lee Noel was employed for Island Creek Coal Company as a heavy equipment operator for 41 years and owned the Pic Pac grocery stores in Man and Justice; and

Whereas, U. S. Army CPL F. Lee Noel served as an Elder, Trustee, Sunday School Superintendent and the Choir in the Man Church of God during his nearly 50 years of membership; and

Whereas, U. S. Army CPL F. Lee Noel was the bass singer in the Evangeleers Quartet, was a member of the Lions Club at Man for over 25 years and loved golfing with his family; and

Whereas, U. S. Army CPL F. Lee Noel is survived by his wife of nearly 60 years, Billie Redmond Noel, two children, Nancy (Ron) Lemon and Norman (Danita) Noel, four grandchildren and four great-grandchildren; and

Whereas, It is only fitting that we name this bridge to honor U. S. Army CPL F. Lee Noel; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways to name the bridge on County Route 80 over Huff Creek in Logan County, bridge number 23-80-5.66  (23A089), latitude 37.73012, longitude -81.87272, locally known as the Huff Junction Beam Span, the "U. S. Army CPL F. Lee Noel Memorial Bridge"; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army CPL F. Lee Noel Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, U. S. Army CPL F. Lee Noel's wife, Billie Redmond Noel and his two children, Nancy Lemon and Norman Noel.

Delegates Miller, Morgan, Moffatt, Hornbuckle, Reynolds, Sobonya and Rohrbach offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 7 - “Requesting the Division of Highways to name the bridge on Interstate 64 over Kilgore Creek Road, specifically Bridge Number 0-064/00-28.67 in Cabell County, the ‘U.S. Army PFC Cecil Ray Ball Memorial Bridge’."

Whereas, Cecil Ray Ball was born on March 18, 1930, on Kilgore Creek near Milton, Cabell County, West Virginia, the son of Elizabeth Frances and Nicholas Ball.  He enlisted in the United States Army on November 19, 1947.  He served as a PFC with Company I, 3rd Battalion, 7th Cavalry Regiment, 1st Cavalry Division during the Korean War and was killed in action on November 30, 1950, in Korea; and

Whereas, The body of PFC Cecil Ray Ball was returned to Cabell County for burial July 28, 1955.  PFC Cecil Ray Ball was posthumously awarded the Purple Heart, Combat Infantryman Badge, Korean Service Medal, United Nations Service Medal, National Defense Service Medal and Korean War Service Medal; and

Whereas, Naming the bridge on interstate 64 over Kilgore Creek Road, specifically bridge number 0-064/00-28.67 in Cabell County, the "U.S. Army PFC Cecil Ray Ball Memorial Bridge." is an appropriate recognition of his contributions to his country, state, community and Cabell County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the bridge on Interstate 64 over Kilgore Creek Road, specifically Bridge Number 0-064/00-28.67 in Cabell County, the "U.S. Army PFC Cecil Ray Ball 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 "U.S. Army PFC Cecil Ray Ball Memorial Bridge"; and, be it 

Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Secretary of the Department of Transportation and any surviving members of the family of PFC Cecil Ray Ball.

Delegates Westfall, McCuskey, White, Atkinson, Stansbury, Blair, Foster, Ihle, Butler and Storch offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 8 – “Requesting the Division of Highways to name bridge number 18-25-1.03 (18A-108), (38.79972, 81.69202), locally known as Harpold Bridge, carrying County Route 25 over Mill Creek in Jackson County, the ‘Harry Ripley Memorial Bridge’.”

Whereas, Harry Ripley was born on Dec. 29, 1799, in western Massachusetts, the oldest son of Abraham and Phoebe Bliss Ripley, according to the book "Stories Carved in Stone," by Rusty Clark (2005); and

Whereas, Harry Ripley moved to the frontier of western Virginia in the late 1820s, serving as an itinerant preacher; and

Whereas, It is believed the preacher rode the Little Kanawha Circuit, an area of more than 50 miles between the Kanawha River and Little Kanawha River, traveling  on horseback with a Bible and a hymn book in his saddlebags, spreading the gospel, and presiding over weddings and funerals; and

Whereas, According to local history books, Harry resided with the family of Jacob Starcher when traveling through the area.  Starcher operated a mill and donated the land where the Jackson County Courthouse is located; and

Whereas, Legend says that Harry Ripley fell in love with a local girl, believed to have been a daughter of Capt. William Parsons, an early settler. Harry was going to marry Miss Parsons, but drowned days before the wedding while crossing Mill Creek approximately two miles south of where Ripley now stands (believed to be in the area of the iron bridge situated between Ripley and Cedar Lakes). Their wedding certificate was found in his coat pocket. He was 31 years old; and

Whereas, This occurred about the same time Jackson County was being organized from sections of Mason, Wood and Kanawha counties; and

Whereas, The town's post office would be known as Jackson Court House for another fifty years; and

Whereas, Ripley's story was documented in a December 1899 issue of The Mountaineer, a local newspaper; and

Whereas, Upon learning the details of the life and death of Harry Ripley, members of the community were so touched that they decided to name the town in his honor when the charter was approved by the Virginia General Assembly on Dec. 19, 1832; and

Whereas, It is fitting that a memorial mark the area in which the circuit rider drowned while serving the community; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 18-25-1.03 (18A-108), (38.79972, 81.69202), locally known as Harpold Bridge, carrying County Route 25 over Mill Creek in Jackson County, the "Harry Ripley 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 "Harry Ripley 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 the mayor of Ripley, West Virginia.

Delegates Kelly, Kessinger, Azinger, Statler, D. Evans, Zatezalo, Weld, McGeehan, Ireland, Border and J. Nelson offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 9 – “Requesting the Division of Highways to have made and place signs identifying the "Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge" on West Virginia Route 68, over US Route 50, bridge number 54-68-14.60, on the bridge so that motorists traveling on US Route 50 are able to identify the bridge as the ‘Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge’."

Whereas, During the 2013 Regular Session the House of Delegates passed House Concurrent Resolution No. 62 naming the bridge the "Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge"; and

Whereas, The Division of Highways named the bridge the "Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge" and made and placed signs on Route 68 identifying the bridge, but not on US Route 50; therefore, be it

            Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to have made and place signs identifying the "Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge" on West Virginia Route 68, over US Route 50, bridge number 54-68-14.60, on the bridge so that motorists traveling on US Route 50 are able to identify the bridge as the "Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge"; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and place signs reading "Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge" on the bridge so that they may be viewed by motorists driving in both directions of US Route 50; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the family of Chief Petty Officer Nicholas Null.

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

By Delegate Deem:

H. J. R. 28 – “Proposing an amendment to the Constitution of the State of West Virginia, repealing sections four, five, six, seven, eight, nine and ten, article six thereof; and amending said Constitution by adding thereto a new article, designated article fifteen, all relating to the creation of a Citizens Redistricting Commission to redistrict Senate, House of Delegates, and congressional districts; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of the proposed amendment”; to the Committee on the Judiciary.

And,

By Delegates Campbell, Cooper, Ferro, Kurcaba, Perry, Morgan, Pethtel, Kessinger, Statler, Wagner and Romine:

H. J. R. 29 – “Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article XII thereof, relating to reducing the length of terms for members of the West Virginia Board of Education from nine years to six years; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment”; to the Committee on Education then the Judiciary.

Bills Introduced

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

By Delegates Espinosa, Overington, Romine, Upson, Statler, E. Nelson, Fast, Ellington and Walters:

H. B. 4011 -- “A Bill to amend and reenact §5-16-2 and §5-16-22 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-7A-3 of said code; to amend and reenact §18-7B-2 of said code; to amend and reenact §18-9A-2 of said code; to amend said code by adding thereto a new section, designated section §18-9A-12a; to amend and reenact §18-20-5 of said code; to amend said code by adding thereto a new article, designated §18-33-1, §18‑33-2, §18-33-3, §18-33-4, §18-33-5, §18-33-6, §18-33-7, §18-33-8, §18-33-9, §18‑33-10, §18-33-11, §18-33-12  and §18-33-13; and to amend and reenact §29-12-5a of said code, all relating to providing for the authorization and oversight of public charter schools; providing for charter school employee participation in public employee insurance and applicable teachers retirement systems; including charter school students in net enrollment of county; providing calculation of charter school basic foundation program and corresponding reduction in county’s basic foundation program; defining exceptional child with high cost/high acuity special needs and providing for establishment of method for disbursing state appropriated funds; providing for charter school application for funds; removing certain reports; creating charter school act to establish process for creation, providing for governance and oversight accountability of public charter schools; stating purposes; establishing charter schools as public schools and part of public education system; providing for liberal interpretation; prohibiting conversion of private schools into charter schools under act; prohibiting establishment of charter virtual schools under act; providing general definitions; limiting county board management and control of charter school; prohibiting state board as authorizing authority; defining terms; providing for authorizations, eligibilities, compliances and prohibitions; providing for general supervision by state board for meeting student performance standards required of other public school students; providing powers of public charter schools; establishing processes for determining capacity and enrolling students; prohibiting discrimination in enrollment decisions; providing for credit transfers; authorizing charter student participation in state and school district sponsored interscholastic leagues, competitions, awards, scholarships and recognition programs and specifying parameters; requiring access to and requiring utilization of electronic education information system for reporting certain information and subject to student data accessibility, transparency and accountability; providing for certification of charter school enrollment, attendance and program participation to county board and department; providing for distribution of charter school basic foundation program funds and allowing authorizer charge for oversight costs; providing for payment of special education and federal funds to charter schools; requiring charter school submission of budget and sources of funds to state board and requiring public availability; creating public charter school oversight and authorizer board and specifying mission, agency status and degree of oversight and supervision by state board; providing for appointment of members, qualifications, terms, removal, civil liability and limited scope of acts of ex officio members; requiring appointment of executive director and duties and qualifications; setting forth meetings. expenses, powers and duties of board; requiring annual report to state board and availability to public and Legislature; granting authority to require annual reports from charter schools; establishing limitations on regulation by state board, oversight and authorizer board and county board authorizers; requiring annual request for proposals; providing contents of requests for proposals; providing for application for authorization of public charter school; requiring notice of intent to establish by organizers; requiring timelines for notice and submission of application; providing option for county board to proceed as authorizer or forward application to oversight and authorizer board; establishing process for application review and evaluation; granting period for applicant response to authorizer decision prior to final determination; requiring report of final action; setting forth registration of approved charters by state superintendent; stating effect of approved application; providing authorizer powers and duties respecting charter contracts; providing timelines for execution of charter contract and authorization to appeal to executive director to finalize terms; providing minimum provisions of contract, including performance provisions; prohibiting delegation and assignment of powers; setting forth obligations and responsibilities set forth in charter contract; requiring performance report prior to contract renewal and period to rectify weaknesses; requiring offer of contract application renewal guidance; requiring timelines for submission of renewal application; provisions for authorizer decisions on renewals; permitting authorizer report of renewal decisions; prohibition on contract renewal of school given failing level of accreditation during final operating year; authorizing contract revocation at any time or nonrenewal for certain violations and failures; requiring report of revocation and nonrenewal with statement of reasons; providing for options of county board for disposition of school when contract revoked or not renewed; duties of authorizer when contract revoked or not renewed; establishing supremacy of article when inconsistent with any other laws rules or regulations; granting authorization for one or more schools under single contract; granting authorization of one or more contracts for single governing board; providing that local education agency status when charter school authorized county board and local education agency status when charter school authorized oversight and authorizer board; providing for county board accreditation accountability for charter school authorized by county board; prohibition on county board requiring employee to be employed in charter school; prohibition on any retaliatory action against district employee involved in application to establish charter school; prohibiting discrimination against charter school in district advertising of educational options;  providing for accrual of seniority with the county board of personnel employed in charter school; and authorizing charter school liability coverage through Board of Risk and Insurance Management”; to the Committee on Education then Finance.

            By Delegates Howell, Arvon, Moffatt, Westfall, McCuskey, Miller, Cadle, Walters, Zatezalo, Kelly and Ellington:

H. B. 4163 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §8-13-24, §8-13-25, §8-13-26 and §8-13-27, all relating to providing the authority and procedure for municipalities to give notice to, and publish the names of, entities delinquent in paying business and occupation taxes”; to the Committee on Political Subdivisions then the Judiciary.

            By Delegates Howell, Frich, Storch, Arvon, Eldridge, Moffatt, Faircloth, Upson, Westfall, R. Phillips and Miller:

H. B. 4164 -- “A Bill to amend and reenact §17B-2-7 of the Code of West Virginia, 1931, as amended, related to requiring the Department of Motor Vehicles to conduct drivers tests as a pilot program, at certain high schools to provide better access for students”; to the Committee on Roads and Transportation then Education.

            By Delegates Howell, Frich, Storch, Arvon, Moffatt, Eldridge, Upson, Faircloth, Westfall, R. Phillips and Miller:

H. B. 4165 -- “A Bill to amend and reenact §16-5-5 and §16-5-29 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-5-39, all relating to authorizing the Department of Motor Vehicles to issue certain vital records in the custody of the State Registrar; to require the Department of Motor Vehicles to adhere to the State Registrar’s rules; authorize the Department of Motor Vehicles to collect a fee for issuing vital records and transmit those fees to the State Registrar monthly; and require the Commissioner of the Department of Health and Human Resources and Commissioner of the Department of Motor Vehicles to enter into a Memorandum of Understanding to implement a program that allows the Department of Motor Vehicles access to certain vital records to issue to customers”; to the Committee on Roads and Transportation then Finance.

            By Delegates Howell, Frich, Storch, Arvon, Eldridge, Moffatt, Faircloth, Westfall, Miller, McCuskey and Cadle:

H. B. 4166 -- “A Bill to amend the Code of West Virginia, 1931, by adding thereto a new section, designated §5-16-7b; to amend said code by adding thereto a new section, designated §33-15-4m; to amend said code by adding thereto a new section, designated §33-16-3c; 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 33-25-15; and to amend said code by adding thereto a new section, designated §33-25A-8m, all relating to health insurance coverage for prescribed medications; requiring health insurance coverage for an entire package of otherwise covered medication for an individual with a continuing prescription for such medication, if the manufacturer’s packaging prevents a pharmacy from distributing fewer doses than are contained in a single package without discarding or otherwise compromising a portion of the doses contained in that package and the package contains fewer than sixty days’ worth of doses prescribed to the individual”; to the Committee on Banking and Insurance then Health and Human Resources.

            By Delegates Cooper, D. Evans and Ambler:

H. B. 4167 -- “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended relating to permitting county boards of education to accumulate instructional days and use them when needed in a later instructional term when inclement weather and emergencies prevent the otherwise full instructional term from being completed”; to the Committee on Education.

            By Delegates Howell, Frich, Storch, Arvon, Eldridge, Moffatt, Faircloth, Upson, Westfall, Phillips and Miller:

H. B. 4168 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-6F-1, §17A-6F-2 and §17A-6F-3, relating to creating a special motor vehicle collector license plate; defining collector motor vehicle and motor vehicle collector; allowing the holder of a motor vehicle collector license plate to transfer the special plate temporarily among collector motor vehicles owned by the collector; and establishing requirements and fees for a motor vehicle collector license plate application”; to the Committee on Roads and Transportation then Finance.

            By Delegates Frich, J. Nelson, Howell, Butler, Weld, Sobonya, Folk, Cowles, Overington, Marcum and McCuskey:

H. B. 4169 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-17, relating to creating the “Firearm Protection Act”; providing that any federal law which attempts to ban semiautomatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state is unenforceable in West Virginia; and providing an effective date”; to the Committee on the Judiciary.

            By Delegates Ambler, D. Evans, Cooper, Lynch, Trecost, Upson, Rowan, B. White, McCuskey, Eldridge and Stansbury:

H. B. 4170 -- “A Bill to repeal §20-2-19a of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-2-5, §20-2-42g and §20-2-42h of said code, all relating to hunting or trapping on private lands; removing restrictions for hunting or trapping on private lands on Sundays; and clarifying that hunting on private land at any time requires written consent of landowner”; to the Committee on Agriculture and Natural Resources then the Judiciary.

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

H. B. 4171 -- “A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to providing that school instructional terms for students begin no earlier than the day after Labor Day and end no later than the second Friday in June; and providing that in the event instructional days need to be cancelled the county boards of education shall provide for ten technology days whereby assigned classwork may be completed”; to the Committee on Education.

            By Delegates Kurcaba, Statler and Waxman:

H. B. 4172 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-26-15, relating to creating a special fund named “the State Road Bond Fund,” requiring that all savings realized from changes in retirement benefits enacted by 2015 Senate Bill No. 520 be deposited into the special fund, requiring that the Consolidated Public Retirement Board present an actuarial valuation of savings to the Governor on an annual basis, requiring the Governor to submit the amount of savings to the Legislature as part of the annual budget or in an executive message, and requiring that all moneys deposited in the special fund be directed to pay principal and interest on state road bonds”; to the Committee on Roads and Transportation then Finance.

            By Delegates Miller, Hicks, Sobonya, Rohrbach, Perdue, McCuskey, Shott, Morgan, Skinner, Hornbuckle and Reynolds:

H. B. 4173 -- “A Bill to amend and reenact §52-1-5 of the Code of West Virginia, 1931, as amended, relating to permitting judges to defer jury service for an individual for no more than twelve months after the date for which the person is summonsed”; to the Committee on the Judiciary.

            By Delegates Kurcaba, Statler, Weld, Fast, Kelly, Azinger, Waxman, Blair, Upson, Frich and Phillips:

H. B. 4174 -- “A Bill to amend and reenact §20-2-58 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-6-23 of said code, all relating to indoor shooting ranges; exempting activity at indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house; amending the definition of "shooting range" to include an indoor range; exempting activity at indoor shooting ranges from criminal penalties for violations for shooting or discharging a firearm within five hundred feet of any church or dwelling house; and limiting nuisance actions against shooting ranges”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Kurcaba, Faircloth, Statler, Espinosa, McGeehan, Azinger, Upson, Kelly and Trecost:

H. B. 4175 -- “A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating generally to home schooling; clarifying that a student who is home schooled may not be classified as habitually absent; changing the annual requirement that a parent of a child who is to be home schooled notify the county superintendent of intent to home school to a one time notification; requiring a parent provide certain assurances; removing the requirement that the person providing the home schooling instruction have a high school diploma; removing the requirement that the person providing the home schooling instruction have an outline of a plan for the home schooling instruction for the ensuing year; permitting a parent to administer the required nationally normed standardized test; providing that a student has made acceptable academic progress if it is within or above the fourth stanine, or if below that stanine then the student must show improvement from the previous year; requiring a certified teacher to review a student’s progress and submit a written narrative; removing the requirement that a county superintendent be given two weeks’ notice before a student enrolled in a public school may receive home instruction; requiring a parent to keep academic assessments for three years; and providing that a county board of education may only provide information about the availability of special education services only if the parent requests it”; to the Committee on Education.

            By Delegate Stansbury:

H. B. 4176 -- “A Bill to amend and reenact §62-15A-1, §62-15A-2 and §62-15A-3 of the Code of West Virginia, 1931, as amended, all relating to the addiction treatment pilot program; permitting the Regional Jail and Correctional Facility Authority to participate in the pilot program; and including the Director of the Regional Jail and Correctional Facility Authority and The Secretary of the Department of Military Affairs and Public Safety in the list of recipients of the report required to be made by the Department of Health and Human Resources”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.

            By Delegates Kurcaba, Ellington, Faircloth, Hill and Atkinson:

H. B. 4177 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-4c, relating to exempting drug rehabilitation facilities from certificate of need requirements”; to the Select Committee on Prevention and Treatment of Substance Abuse then Health and Human Resources.

            By Delegates Moye, Perry, Rohrbach, Frich, Duke, Lynch and Rodighiero:

H. B. 4178 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6, relating to sanctions for recipients of benefits from the Temporary Assistance for Needy Families Program through temporary suspensions of benefits when they are convicted of misdemeanor theft offenses of shoplifting and petit larceny; providing definitions; establishing administrative review of decisions to deny benefits; providing a mechanism for dependent children to receive benefits if a parent is deemed ineligible; authorizing rulemaking; providing criminal penalties; and allowing for exceptions”; to the Committee on the Judiciary.

            By Delegates Kelly, Cooper, Faircloth, Atkinson, Perry, Waxman, Zatezalo, Howell, Ireland, Azinger and Romine:

H. B. 4179 -- “A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931, as amended, relating to removing televisions from definition of covered electronic items”; to the Committee on Government Organization then the Judiciary.

            By Delegates Weld, Zatezalo, Stansbury, Rohrbach, Miller and Summers:

H. B. 4180 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-4-304, relating to authorizing a family court judge to order substance abuse counseling of a child in emergency situations”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.

            By Delegate Deem:

H. B. 4181 -- “A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as amended relating to increasing the excise tax on cigarettes and other tobacco products”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegate Deem:

H. B. 4182 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-1d, relating to prorating additional tuition charges for students taking  higher education credit hours per term beyond a certain number”; to the Committee on Education then Finance.

            By Delegates Stansbury, Rohrbach, Perdue, R. Smith, Campbell, Bates, B. White, Weld, McCuskey, Westfall and Ellington:

H. B. 4183 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-24; to amend and reenact §30-5-10; and to amend and reenact §60A-9-4, all relating generally to reporting opioid overdoses; requiring emergency medical service agencies and emergency medical service providers to report nonlethal opioid overdoses to the Board of Pharmacy; establishing that the information reported be added to the West Virginia Controlled Substance Monitoring Program; requiring pharmacists to monitor the program and if an individual overdosed on a prescription filled by him or her to report the overdose to the prescribing physician; and granting rule-making authority”; to the Select Committee on Prevention and Treatment of Substance Abuse then Health and Human Resources.

            By Delegates Stansbury, Householder, Perdue, R. Phillips, J. Nelson, Ambler, B. White, Rohrbach, Westfall, R. Smith and Cooper:

H. B. 4184 -- “A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to establishing criminal penalties for the illegal taking of deer”; to the Committee on Agriculture and Natural Resources then the Judiciary.

            By Delegates Foster, Perdue and Waxman:

H. B. 4185 -- “A Bill to amend and reenact §30-5-12 of the Code of West Virginia, 1931, as amended, relating to establishing the ratio of four pharmacy technicians to every one on-duty pharmacist operating in a pharmacy”; to the Committee on Health and Human Resources.

            By Delegates Cadle, Cooper, Foster, Ambler, Howell, Butler, Householder, Moffatt, R. Smith, Westfall and Hamrick:

H. B. 4186 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated  §24A-2-2b,  relating to additional duties of the Public Service Commission; requiring commission to review complaint process; setting forth burden of proof on carrier; developing process for aggrieved parties to recover charges; establishing factor for commissioner to consider whether charges fair, just and reasonable; providing commission authority to establish civil penalties for violations; prohibiting indemnification in certain instances; requiring commercial driver’s license for towing services; requiring carriers to list rates on invoices; authorizing commission to suspend or revoke operating authority; and requiring commission to update legislature”; to the Committee on Government Organization.

            By Delegates Kurcaba, Kelly, Statler, Weld, Azinger, Wagner, Campbell, Pushkin and Trecost:

H. B. 4187 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-27, relating to creating a special fund named “the Public Employee Health Insurance Fund,” requiring that all savings realized from changes in retirement benefits enacted by 2015 Senate Bill No. 520 be deposited into the special fund, requiring that the Consolidated Public Retirement Board present an actuarial valuation of savings to the Governor on an annual basis, requiring the Governor to submit the amount of savings to the Legislature as part of the annual budget or in an executive message, and requiring that all moneys deposited in the special fund be directed to fund health care benefits or reduce insurance premiums for public employees”; to the Committee on Banking and Insurance then Finance.

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

            [By Request of the Executive]:

H. B. 4189 -- “A Bill expiring funds to the unappropriated balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2016 in the amount of $51,800,000 from the Department of Revenue, Office of the Secretary – Revenue Shortfall Reserve Fund, fund 7005, fiscal year 2016, organization 0701, in the amount of $1,940,500 from the Department of Revenue, Insurance Commissioner – Examination Revolving Fund, fund 7150, fiscal year 2016, organization 0704, and in the amount of $4,800,000 from the Department of Revenue, Insurance Commissioner, WV Health Insurance Plan Fund, fund 7161, fiscal year 2016, organization 0704”; to the Committee on Finance.

Daily Calendar

Third Reading

H. B. 4033, Adding criminal penalties for the unauthorized practice of pharmacists care; 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. 3), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:

Nays: McGeehan.

Absent and Not Voting: Hornbuckle, Romine and Walters.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4033) 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. 2101, Eliminating obsolete government entities; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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 H. B. 4002, Relating to rule making under the state Administrative Procedures Act,

Com. Sub. for H. B. 4007, Relating generally to appointment of attorneys to assist the Attorney General,

And,    

Com. Sub. for H. B. 4031, Requiring agencies to respond to public comments received during the rule-making process.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Hornbuckle, Romine and Walters.

Miscellaneous Business

            Delegate Stansbury filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 4038.

            At 11:37 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 21, 2016.