__________*__________
Wednesday, January 27, 2016
FIFTEENTH 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 26, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 4170, Removing restrictions for hunting or trapping on private lands on Sundays,
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. 4170) was 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. 4110, Department of Health and Human Resources, rule relating to farmers market vendors,
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. 4110) was 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. 4235, Relating to the publication requirements of the administration of estates,
And reports the same back with the recommendation that it do pass.
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. 4163, Providing the authority and procedure for municipalities to give notice to, and publish the names of, entities delinquent in paying business and occupation taxes,
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. 4163) was referred to the Committee on the Judiciary.
Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4138, Department of Transportation, rule relating to rail fixed guideway systems state safety oversight,
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. 4138) was referred to the Committee on the Judiciary.
Delegate Gearheart, Chair of the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4009, Letting Our Counties Act Locally Act,
And,
H. B. 4200, Eliminating courtesy patrol programs,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 4009 and H. B. 4200) were referred to the Committee on Finance.
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. 4141, Human Rights Commission, rule relating to the Pregnant Workers’ Fairness Act,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4141) was referred to the Committee on the Judiciary.
Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4117, Department of Health and Human Resources, rule relating to family child care home registration requirements,
H. B. 4064, Department of Health and Human Resources, rule relating to child care licensing requirements,
And,
H. B. 4065, Department of Health and Human Resources, rule relating to family child care facility licensing requirements,
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. 4117, H. B. 4064 and H. B. 4065) 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. 4142, Board of Examiners for Speech-Language Pathology and Audiology, rule relating to speech-language pathology and audiology assistants,
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. 4142) was referred to the Committee on the Judiciary.
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. 4218, Expanding the definition of “underground facility” in the One-Call System Act,
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. 4218) 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. 4282, Reorganizing certain code provisions that organize the executive branch of state government,
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. 4282) was referred to the Committee on the Judiciary.
Messages from the Executive
The Speaker presented annual reports from various state agencies as required by the provisions of law, as follows:
Accountancy, Board of
Acupuncture, Board of
Alcohol Beverage Control Administration
Attorney General, Office of
Consumer Protection and Antitrust Division
Budget Office
Consolidated Report of Federal Funds (FY 2016)
Childrens Health Insurance Program
Children with Autism Trust Board
Chiropractic, Board of
Coal Severance Tax Fund, Gas and Oil Severance Tax General Fund, County and Municipal Governments Consolidated Budget Report
Commerce, Department of
Film Office, Division of Tourism (2011-12)
Commission on Special Investigations
Conservation Agency
Consolidated Public Retirement Board
Trooper Disability Experience Report
Consumer Advocate, Office of
Insurance Commission Report
Corrections, Division of
Court System (2013)
Dentistry, Board of Education, Department of
Compulsory School Attendance
Earn a Degree Graduate Early
Innovation Zone
Development Office
Marketing and Communications Office
Dietitians, Board of Licensed
Energy, Division of
Education, Department of
Alternative Education Elementary/Middle Pilot
Earn a Degree-Graduate Early (EDGE)
Energy, Division of
Legal Challenges Potentially Impacting the Energy Industry
Engineers, Board of Professional
Environmental Protection, Department of
Advisory Council, Office of
Explosives and Blasting, Office of
Hazardous Waste, Office of
Oil and Gas, Office of
Underground Storage Tank Fund
Ethics Commission
Registered Lobbyists’ Activity Report (2015)
Family Protection Services Board
Fire Commission
Comprehensive Report on the Review and Recommendations on Volunteer and Part-Volunteer Fire Service
Fire Marshall
Forestry, Division of
Logging Sediment Control Act
Managed Timberland Impact Assessment
Stewardship Contracting (2014 & 2015)
Foundation for Rape Information and Services
Health Care Authority
Broadband Availability
Health and Human Resources, Department of
Breast and Cervical Cancer Diagnostic and Treatment Fund
Children and Families Youth Services, Bureau for
Joint Committee on Children and Families; Foster Care
Maternal, Child and Family Health, Office of (2010, 2011, 2012)
Sudden Unexplained Infant Death (SUID) (2010)
Women’s Right to Know
Youth Services
Hearing Aid Dealers, Board of
Herbert Henderson Office of Minority Affairs
Insurance Commissioner, Office of
Consumer Advocate, Office of
Insurance Commissioner’s Annual Report (2013) (2014)
Medical Malpractice
Investment Management Board
Jobs Investment Trust Board
Justice and Community Services, Division of
Community Corrections Act
Justice Reinvestment Initiative Executive Report
Juvenile Justice and Delinquency Prevention
Landscape Architects, Board of
Legislature Agency Report
Library Commission
Lottery Commission Report (2013 and 2014)
Massage Therapy Licensure, Board of
Medical Imaging and Radiation Therapy Technology, Board of Examiners
Medicine, Board of
Military Affairs and Public Safety, Department of
Corrections, Division of
Motor Vehicles, Division of
Motorcycle Safety and Awareness Program
Municipal Home Rule Pilot Program Summary
Municipal Pensions Oversight Board
Municipal Policemen and Fireman’s Pension and Relief
Natural Resources, Division of
Nursing Home Administrators Licensing Board
Occupational Therapy, Board of
Optometry, Board of (FY 2010, FY 2011, FY 2012)
Personnel, Division of
Physical Therapy, Board of
Professional Engineers, Board of
Professional Surveyors, Board of
Prosecuting Attorneys Institute Report
Psychologists, Board of Examiners
Public Employees Insurance Agency
Public Employees Insurance Autism Report
Public Service Commission
Consumer Advocate Division
Public Water System Supply Study Commission Report
Purchasing Division
Stringing Report
RESA II
Real Estate Appraiser Licensing and Certification Board
Real Estate Commission
Regional Education Service Agency
Registered Professional Nurses, Board of
Respiratory Care, Board of
Sanitarians, Board of
Seneca Health Services
Social Work Examiners, Board of
Special Investigations, Commission on
Speech Language Pathology and Audiology, Board of Examiners
State Auditor, Office of
Consolidated Budget Report
State Police
Recruitment of Females/Minorities
Supreme Court of Appeals
Appellate Report
Surveyors, Board of Professional
Tax, Department of
Children with Autism Trust Board
Housing Index
Managed Timberland
Tourism, Division of (2008, 2009, 2011)
Transportation, Department of
Transportation Coordinating Council
Treasury Investments, Board of
Treasurer’s Office
Prepaid Tuition and Savings Program, Board of
Veterinary Medicine, Board of
Volunteer West Virginia
Water Development Authority
West Virginia University Board of Governors
Workforce West Virginia
Development Report
Marcellus Shell Report to the Legislature
Narrative of the Workforce Investment Act
WVU Board of Governors
The above-referenced reports are on file in the Clerk’s Office.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 13 - “A Bill to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended, relating to increasing penalties for overtaking and passing a school bus stopped for the purpose of receiving and discharging children; and providing penalties in the event that the driver of the passing vehicle cannot be ascertained”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 32 – “A Bill to amend and reenact §3-5-11, §3-5-18 and §3-5-19 of the Code of West Virginia, 1931, as amended, all relating to withdrawal of candidates for office and filling vacancies; requiring the Secretary of State to create a notarized statement of withdrawal form; setting certain deadlines for the filing of a notarized statement of withdrawal form in order to have one’s name removed from ballot; setting deadline for when the Secretary of State shall certify names of general election candidates to counties; prohibiting certification of the name of a candidate who filed a timely notarized statement of withdrawal; clarifying process for determining candidate is disqualified; removing the State Election Commission from process of voluntary withdrawal of candidates; authorizing executive committee to replace a candidate who files a timely notarized statement of withdrawal and whose name would have otherwise appeared on the general election ballot; and setting and adjusting certain deadlines”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 102 - “A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-29-12, all relating to West Virginia officials carrying concealed firearm nationwide as provided in the federal Law-Enforcement Officers Safety Act, 18 U. S. C. §926B; providing statutory authority necessary to give prosecuting attorneys and assistant prosecuting attorneys the option to carry firearms pursuant to that federal act upon completion of required training and annual background check; granting prosecuting attorneys and assistant prosecuting attorneys arrest powers under certain circumstances; providing that law-enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her service weapon off duty; and requiring West Virginia law-enforcement agencies to offer access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal Law-Enforcement Officers Safety Act of 2004”; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 311 - “A Bill to amend and reenact §31-17-8 of the Code of West Virginia, 1931, as amended, relating to making permanent the exception allowing a mortgage modification or refinancing loan to be made in participation with and in compliance with the federal Homes Affordable Modification Program, a part of the federal Making Home Affordable program, or any other mortgage modification or refinancing loan funded through any other federal or state program or litigation settlement, when the aggregate total of the outstanding principal balances of all other primary or subordinate mortgage loans secured by the same property exceeds the fair market value of the property”; which was referred to the Committee on Banking and Insurance then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 323 - “A Bill to amend and reenact §61-3B-3 of the Code of West Virginia, 1931, as amended, relating to correcting subsection designations in the statute regarding trespass on property; and making other technical changes”; which was referred to the Committee on the Judiciary.
Resolutions Introduced
On motions for leave, Joint Resolutions were introduced, read by their title and severally referred as follows:
By Delegates Sobonya, Moffatt, Miller, Rohrbach, Cadle, Summers, Cowles, J. Nelson, Kurcaba, Ihle and Frich:
H. J. R. 34 - “Proposing an amendment to the Constitution of the State of West Virginia amending section two, article XII thereof, relating to the free schools of the State, 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.
Delegates Shaffer, R. Smith, Lynch, P. Smith, Blackwell, Faircloth, Byrd and Ireland: H. J. R. 35 – “Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article ten thereof, relating to the homestead exemption for senior citizens; decreasing the age to sixty-two and increasing the amount of the exemption”; to the Committee on Finance then the Judiciary.
Motions
Delegate Sponaugle submitted a written motion to direct the Speaker to request an economic impact statement, therefore suspending House Rule 95c
On this motion, the yeas and nays were taken (Roll No. 15), and there were--yeas 38, nays 61, absent and not voting 1, with the yeas and absent and not voting being as follows:
Yeas: Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hartman, Hicks, Hornbuckle, Kelly, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Trecost and P. White.
Absent and Not Voting: Flanigan.
So, two-thirds of the members present and voting not having voted in the affirmative, the motion was rejected.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates McGeehan, Hill, Faircloth, Ihle and J. Nelson:
H. B. 4288 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9o, relating to creating the Save the Hospitals Act; exempting nonprofit hospitals that provide a certain amount of uncompensated care from sales tax and requiring West Virginia Hospital Finance Authority to promulgate rules to effectuate this section”; to the Committee on Health and Human Resources then Finance.
By Mr. Speaker (Mr. Armstead), and Delegates Miley, Bates, Lane and Shott:
H. B. 4289 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §52-2-11, relating to grand juries; authorizing prosecuting attorneys to designate law-enforcement officers and investigators as custodians of records, documents and other evidence subpoenaed by a grand jury; authorizing designated custodians to used subpoenaed records, documents and other evidence for investigative purposes prior to such records, documents or other evidence being presented to a grand jury; requiring presentation of subpoenaed materials held by the custodian be presented to the next session of the grand jury meeting after receipt; and limiting law enforcement use of such subpoenaed materials to legitimate investigation and prosecuted purposes relevant to the investigation underlying the issuance of the subpoena”; to the Committee on the Judiciary.
By Delegates Marcum and P. White:
H. B. 4290 -- “A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §20-2B-2a, relating to the Laurel Lake Wildlife Management Fund; providing sufficient funding to maintain the Laurel Lake Wildlife Management Area, including its facilities; providing the Director of the Division of Natural Resources shall provide legislative rules designed to fulfil the purpose of providing sufficient funding; requiring the Director of the Division of Natural Resources to collaborate with the Mingo County Commission to explore alternative means of funding the fund; and, creating the Laurel Lake Wildlife Management Fund advisory board”; to the Committee on Agriculture and Natural Resources then Finance.
By Delegates J. Nelson, Phillips, Moffatt, Espinosa, Westfall, Perdue, Upson, Lane, Moye, Mr. Speaker (Mr. Armstead) and Miley:
H. B. 4291 -- “A Bill to amend and reenact §61-8D-5 of the Code of West Virginia, 1931, as amended, relating to increasing penalties for teachers who commit sexual offenses against children with whom they hold positions of trust; and, providing that upon conviction for sexual offenses against children with whom they hold positions of trust, such teachers are banned for life from volunteering for or being employed by any educational, vocational, training, day care, group home, foster care program, or rehabilitation facility in the state”; to the Committee on Education then the Judiciary.
By Delegates Marcum, Phillips, Hamilton, Hicks, Rodighiero, Westfall, Sobonya, R. Smith, P. White, Moye and Byrd:
H. B. 4292 -- “A Bill amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing criminal incarceration penalties for the transportation of controlled substances into the state”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Mr. Speaker (Mr. Armstead), and Delegate Miley
[By Request of the Executive]:
H. B. 4293 -- “A Bill to amend and reenact §60A-9-4, §60A-9-5, §60A-9-5a, §60A-9-7 and §60A-9-8 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Controlled Substances Monitoring Program database; requiring reporting when an opioid antagonist is dispensed by certain persons; clarifying code language related to seventy-two hour prescriptions; prohibiting licensing boards from issuing or reissuing licenses to practitioners who have not registered for the West Virginia Controlled Substances Monitoring Programs database; establishing a fine for failure to register for the West Virginia Controlled Substances Monitoring Program database; and establishing a fine for failure to access the West Virginia Controlled Substances Monitoring Program as mandated by the code; clarifying language related to the Fight Substance Abuse Fund; placing administrative authority over the Fight Substance Abuse Fund with the Bureau for Public Health; revising code language to use defined terms; and reorganizing existing code language”; to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.
By Delegate Miley
[By Request of the Executive]:
H. B. 4294 -- “A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to sales tax exemption for certain sales of materials acquired for use in a highway construction or maintenance project; and specifying elimination for the fiscal year beginning July 1, 2015, of the refundable exemption for sales of construction and maintenance material acquired by a second party for use in the construction or maintenance of a highway project, with retroactive effect for the elapsed portion of that fiscal year, and resumption thereof for the fiscal year beginning July 1, 2016”; to the Committee on Roads and Transportation then Finance.
By Mr. Speaker (Mr. Armstead), and Delegate Miley
[By Request of the Executive]:
H. B. 4295 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5B-14; and to amend said code by adding thereto a new article, designated §18-5E-1, §18-5E-2, §18-5E-3 §18-5E-4 and §18-5E-5, all relating to Innovation in Education Schools and Innovation Zones; terminating funding for Innovation Zones and Local Solution Dropout Prevention and Recovery Innovation Zones; setting forth purpose of Innovation in Education Act; establishing and authorizing Innovation in Education school designation; setting forth components and requirements for Innovation in Education plan; requiring evaluations of Innovation in Education designated schools; authorizing amendment and suspension of components of Innovation in Education plans; authorizing termination of designation of a school as an Innovation in Education school; requiring promulgation of rule by state board; creating Innovation in Education Fund; authorizing expenditures from Innovation in Education Fund; and authorizing investment of Innovation in Education Fund moneys”; to the Committee on Education then Finance.
By Delegates Rowan, Cooper, D. Evans, Moye, Perry, Ambler, Wagner, Fast, Duke, Campbell and Ferro:
H. B. 4296 -- “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; and establishing an instructional day to be three hundred thirty minutes”; to the Committee on Education then Finance.
By Delegates Cadle, Foster, Border, Statler, McCuskey, Upson, Zatezalo, Blair, Stansbury, Hill and Kessinger:
H. B. 4297 -- “A Bill to amend and reenact §61-3-30 of the Code of West Virginia, 1931, as amended, relating to increasing penalties for destruction or theft of election campaign advertising”; to the Committee on the Judiciary.
By Delegates Rohrbach, Upson, Sobonya, Miller, Reynolds, Campbell and Cooper:
H. B. 4298 -- “A Bill to amend and reenact §18-5-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-8-1a, all relating to changing the age effective date of children for whom county boards of education must provide kindergarten programs from September 1 to August 1; and changing the age effective date for students who are compelled to attend school from September 1 to August 1”; to the Committee on Education then Finance.
By Delegates J. Nelson, Phillips, Moffatt, R. Smith, McCuskey, Wagner, Bates, Eldridge, Stansbury, Arvon and Miley:
H. B. 4299 -- “A Bill to amend and reenact §7-1-3d of the Code of West Virginia, 1931, as amended, relating to increasing the amount volunteer fire companies or paid fire departments may charge for reimbursement for personnel and equipment used in performing fire fighting services, victim rescue or cleanup of debris”; to the Committee on Political Subdivisions then Finance.
By Delegates Espinosa, Upson, Householder, Blair, Faircloth, Folk, Duke, Howell, McGeehan, Zatezalo and Overington:
H. B. 4300 -- “A Bill to amend and reenact §29-22A-10d and §29-22A-10e of the Code of West Virginia, 1931, as amended, all relating to changes in distribution of net terminal income, excess net terminal income and excess lottery fund”; to the Committee on the Judiciary then Finance.
By Delegates Espinosa, Westfall, Ambler, Cooper, D. Evans, Statler, Hamrick, Kurcaba, Rohrbach, Upson and Householder:
H. B. 4301 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18‑2‑36, relating to a framework for initiating comprehensive transformation of school leadership; making legislative findings that provide a context for leadership that promotes instructional improvement; stating purpose of section as framework for development of needed statutory and policy changes; stating further purpose to initiate transformation through general statement of legislative intent; providing certain expectations; stating intent for process of broad stakeholder input; requiring convening of stakeholders to assist state board; listing minimum issues to be considered for state recommendations; and requiring reports and recommendations to Legislature and Governor”; to the Committee on Education then Finance.
By Delegates Mr. Speaker (Mr. Armstead), Bates, Miley, Lane and Shott:
H. B. 4302 -- “A Bill to amend and reenact §4-5-1, §4-5-2, §4-5-3, §4-5-4, §4-5-5, and §4-5-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §4-5-7, all relating to the Commission on Special Investigations; clarifying the composition and chairmanship of the commission; redefining what constitutes a quorum for the voting procedures of the commission; clarifying the contents of the commission’s annual report; listing the existing and necessary commission staff positions; defining an agency’s duty to cooperate with the commission during investigations and requiring agencies to disclose information and documents to commission; establishing the requirements for the commission to enter into executive session; establishing procedures for conducting executive session; removing the requirement that the Joint Committee on Government and Finance approve expenses of the commission; establishing a procedure for commission retention and disposal of records; defining a new felony offense of making a false statement to the commission; setting penalties for making a false statement to the commission; defining a new felony offense of impersonating a commission member or staff member; and setting penalties for impersonating a commission member or staff member”; to the Committee on the Judiciary.
By Delegates Cooper, D. Evans, Ambler and Rowan:
H. B. 4303 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2d, relating to providing a salary increase for special education teachers”; to the Committee on Education then Finance.
By Mr. Speaker (Mr. Armstead), and Delegate Miley
[By Request of the Executive]:
H. B. 4304 -- “A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating to the allocation of premiums for employers and employees in the Public Employees Insurance Agency; establishing contribution levels of seventy-five percent for employers and twenty-five percent for employees with respect to health insurance premiums for the plan year commencing July 1, 2017, and each plan year thereafter”; to the Committee on Banking and Insurance then Finance.
By Mr. Speaker (Mr. Armstead), and Delegate Miley
[By Request of the Executive]:
H. B. 4305 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-29-1, §17-29-2, §17-29-3, §17-29-4, §17-29-5, §17-29-6, §17-29-7, §17-29-8, §17-29-9, §17-29-10, §17-29-11, §17-29-12, §17-29-13, §17-29-14, §17-29-15, §17-29-16, §17-29-17, §17-29-18 and §17-29-19, all relating to authorizing transportation network companies to operate in the state; providing that transportation network companies and transportation network company drivers are not common carriers or motor carriers; requiring a permit from the Division of Motor Vehicles to operate a transportation network company; setting forth requirements for obtaining a permit; requiring an agent for service of process; authorizing transportation network companies to charge a fare for services; setting forth requirements for fare collection; requiring identification of transportation network company vehicles and drivers; requiring an electronic receipt; requiring automobile insurance; requiring disclosures from the transportation network company to transportation network company drivers; providing terms, conditions, and allowable exclusions from insurance coverage; setting limitations on transportation network companies; providing a zero tolerance policy for drug and alcohol use while working as a transportation network company driver; setting minimum requirements to become a transportation network company driver; requiring transportation network company vehicles to pass state inspection; prohibiting solicitation and street hails; prohibiting cash payments; requiring a no cash payment policy; requiring a policy of nondiscrimination; requiring record keeping; providing for controlling authority to regulate transportation network companies; providing exemption from certain taxes, fees and licensing requirements; providing for limitations and restrictions; and defining terms”; to the Committee on Roads and Transportation then Finance.
By Delegates Rowan, Border, Fast, Stansbury, Moye, Campbell, Overington, Romine, Hamilton, Perry and Phillips:
H. B. 4306 -- “A Bill to amend and reenact §61-2-10a of the Code of West Virginia, 1931, as amended, relating to prohibiting persons who have committed crimes against the elderly from performing any court ordered public service involving the elderly”; to the Committee on Senior Citizen Issues then the Judiciary.
By Delegates Summers, Mr. Speaker (Mr. Armstead), Blair, Azinger, Waxman, McGeehan, Overington, Ihle, Phillips and Eldridge:
H. B. 4307 -- “A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to carrying a firearm for self defense in a state park, state forest, state recreational area or state wildlife management area under the Division of Natural Resources”; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Rowan, Border, Fast, Stansbury, Moye, Campbell, Overington, Romine, Duke, Phillips and Ferro:
H. B. 4308 -- “A Bill to amend and reenact §̀36-1-20 of the Code of West Virginia, 1931, as amended; and to amend and reenact §42-4-2 of said code, all relating to barring persons who are convicted of certain criminal offenses from acquiring property from their victims through joint tenancy or inheritance; and creating exceptions”; to the Committee on Senior Citizen Issues then the Judiciary.
By Delegates Rowan, Border, Fast, Stansbury, Moye, Campbell, Overington, Romine, Duke, Pethtel and Ferro:
H. B. 4309 -- “A Bill to amend and reenact §61-2-29b of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for conviction of certain offenses of financial exploitation of an elderly person, protected person or incapacitated adult; increasing the criminal penalty for the offense of financial exploitation of $1,000 or more”; to the Committee on Senior Citizen Issues then the Judiciary.
By Delegates O'Neal, Anderson, Espinosa, E. Nelson, Arvon, Bates, Fleischauer, Frich, Statler, Kurcaba and Miley:
H. B. 4310 -- “A Bill to repeal §18B-1E-1, §18B-1E-2, §18B-1E-3 and §18B-1E-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-1C-1 and §18B-1C-2 of said code, all relating to the West Virginia University Institute of Technology; finding that there is a need to maintain the valuable educational services provided by the West Virginia University Institute of Technology; finding that there are continued enrollment and facilities issues facing the West Virginia University Institute of Technology in Montgomery, West Virginia; finding that the West Virginia University Institute of Technology, West Virginia University, Marshall University, Concord University, Bluefield State College, and other private partners should collaborate; eliminating the requirement that the headquarters of the West Virginia University Institute of Technology remain in Montgomery, West Virginia; clarifying provisions relating to the West Virginia University Institute of Technology Board of Visitors; eliminating outdated provisions; and repealing provisions relating to the West Virginia University Institute of Technology Revitalization Project”; to the Committee on Education.
By Delegates Howell, Arvon, Blair, Phillips, Hartman, Ihle, Cadle, McGeehan, Moffatt, Atkinson and Morgan:
H. B. 4311 -- “A Bill to amend and reenact §30-22-5 of the Code of West Virginia, 1931, as amended, relating to adding citizen members to the Board of Landscape Architects; and providing for the disqualification of citizen members who become licensees”; to the Committee on Government Organization.
By Delegates Howell, Arvon, Blair, Phillips, Hill, Hartman, Stansbury, McGeehan, R. Smith, Hamrick and Morgan:
H. B. 4312 -- “A Bill to amend and reenact §30-9-3 of the Code of West Virginia, 1931, as amended, relating to adding citizen members to the Board of Accountancy; and providing for the disqualification of citizen members who become licensees”; to the Committee on Government Organization.
By Delegates Howell, Arvon, Blair, Phillips, Hill, Hartman, Stansbury, McGeehan, Moffatt, Atkinson and Morgan:
H. B. 4313 -- “A Bill to amend and reenact §30-12-1 and §30-12-11 of the Code of West Virginia, 1931, as amended, all relating to adding citizen members to the board of Architects; providing for the disqualification of citizen members who become licensees; and exempting certain nonpracticing architects from the prohibition against using certain titles”; to the Committee on Government Organization.
By Delegates Rohrbach, Stansbury, Bates, Ellington, Householder, Miller, Perdue, Waxman and B. White:
H. B. 4314 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-6-27; and to amend said code by adding thereto a new section, designated §61-10-33, all relating to prohibiting the sale of powdered or crystalline alcohol; defining terms; prohibiting the sale of pure caffeine products; providing exclusions and creating criminal penalties”; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker (Mr. Armstead), and Delegate Miley
[By Request of the Executive]:
H. B. 4315 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-8a, relating to air-ambulance fees for emergency treatment or air transportation; allowing providers of air ambulance services not under contract to collect an amount up to the equivalent paid for federal reimbursement for services rendered to employees or dependents; and requiring providers of air ambulance services that enter into a subscription service agreement with employees or dependents to accept the subscription fee as payment in full for services rendered”; to the Committee on Banking and Insurance then Finance.
By Delegates Espinosa, Ellington, Duke, Perry, Moye, Upson, Wagner, Ambler, Cooper, D. Evans and Kelly:
H. B. 4316 -- “A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as amended, relating to reimbursement of certification fee for National Board for Professional Teaching Standards certification; and requiring the submission of satisfactory evidence to the West Virginia Department of Education for reimbursement”; to the Committee on Education then Finance.
Daily Calendar
Third Reading
Com. Sub. for H. B. 2130, Including law-enforcement officers among those professionals the assault or battery of which leads to enhanced criminal penalties; 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. 16), and there were--yeas 91, nays 7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Azinger, Border, Faircloth, Folk, McGeehan, Miller and Sobonya.
Absent and Not Voting: Flanigan and Manchin.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2130) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4005, Repealing prevailing hourly rate of wages requirements; on third reading, coming up in regular order, was read a third time.
Delegate Sponaugle was addressing the House when Delegate Sobonya arose to a point of order, regarding the content of the Gentleman’s remarks, to which the Speaker replied point well taken and asked the Gentleman from the 55th to confine his remarks to the question before the House.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 17), and there were--yeas 55, nays 44, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Bates, Blackwell, Boggs, Byrd, Campbell, Canterbury, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Guthrie, Hamilton, Hanshaw, Hartman, Hicks, Hornbuckle, Kelly, Longstreth, Lynch, Manchin, Marcum, Miley, Moore, Morgan, Moye, Perdue, Perry, Pethtel, Phillips, Pushkin, Reynolds, Rodighiero, Rohrbach, Romine, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Storch, Trecost, Wagner and P. White.
Absent and Not Voting: Flanigan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4005) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 4189, Expiring funds to the unappropriated balance in State Fund, General Revenue, from the Department of Revenue,
Com. Sub. for H. B. 4227, Adding citizen members to the Real Estate Appraiser Licensing and Certification Board,
Com. Sub. for H. B. 4230, Adding citizen members to the board of Registration for Professional Engineers,
Com. Sub. for H. B. 4238, Adding citizen members to the board of Professional Surveyors,
And,
Com. Sub. for H. B. 4241, Adding citizen members to the Real Estate Commission.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leave of absence for the day was granted Delegate Flanigan.
Remarks of Members
Delegate Lane asked and obtained unanimous consent that the remarks of Delegates Boggs, Butler, Campbell, Caputo, Cowles, Deem, Ferro, Fluharty, Folk, Guthrie, Hicks, Hornbuckle, Householder, Howell, Ihle, Ireland, Manchin, Miley, Pethtel, Pushkin, Reynolds, Shaffer, Skinner, Sponaugle, Walters regarding the passage of H. B. 4005 be printed in the Appendix to the Journal.
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. 4177.
Delegate Pushkin filed a form with the Clerk’s Office per House Rule 94b to be removed as a cosponsor of H. B. 4258.
Delegate Stansbury filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 4258.
At 3:13 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 28, 2016.