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Thursday, January 28, 2016

SIXTEENTH 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 Wednesday, January 27, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Delegate Nelson, Chair of the Committee on Veterans’ Affairs and Homeland Security, submitted the following report, which was received:

Your Committee on Veterans’ Affairs and Homeland Security has had under consideration:

H. B. 4079, Department of Veterans’ Assistance, rule relating to the state home for veterans,

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. 4079) was referred to the Committee on the Judiciary.

Delegate Espinosa, Chair of the Committee on Education, submitted the following report, which was received:        

Your Committee on Education has had under consideration:

H. B. 4175, Relating generally to home schooling,

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

Com. Sub. for 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 student who is home schooled may not be classified as habitually absent; requiring superintendent to show probable cause when seeking order to deny home instruction; changing requirement that parent of child who is to be home schooled notify county superintendent annually of intent to home school to a one time notification; requiring notice upon change in county of residence; requiring notice of intent to home school to include certain assurances; removing requirement for notice of intent two weeks prior to withdrawal from school; removing requirement that person providing home instruction have a high school diploma or equivalent; removing requirement that person providing home instruction outline plan of instruction for ensuing year; removing requirement to submit results of required student assessments to superintendent annually; removing requirement for parent or legal guardian to pay assessment cost when given outside public school; requiring use of test normed within ten years; permitting parent to administer required nationally normed standardized test; providing that student has made acceptable academic progress if it is within or above the fourth stanine rather than fiftieth percentile, or if below that stanine then the student must show improvement from the previous year; removing requirement to provide written narrative of portfolio assessment to superintendent annually; requiring certified teacher to review a student’s progress and provide written narrative; removing requirement to provide certification number of the certified teacher; requiring parent or legal guardian to keep academic assessments for three years; providing that county board may only notify parent or legal guardian of availability of certain special education assistance and services if parent or legal guardian requests it; and requiring parent or legal guardian to submit to superintendent results of required assessments at grade levels three, five, eight and eleven by certain date,”

With the recommendation that the committee substitute do pass.

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

            S. B. 107 - “A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §56-12-1, §56-12-2, §56-12-3, §56-12-4, §56-12-5, §56-12-6, §56‑12-7 and §56-12-8, all relating to creating the Uniform Interstate Depositions and Discovery Act”; 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. 157 - “A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to promulgation of administrative rules by Department of Revenue; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various amendments presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various amendments recommended by the Legislature; directing various agencies to amend and promulgate certain legislative rules; authorizing Alcohol Beverage Control Commission to promulgate legislative rule relating to nonintoxicating beer licensing and operations procedures; authorizing Alcohol Beverage Control Commission to promulgate legislative rule relating to private club licensing; authorizing Alcohol Beverage Control Commission to promulgate legislative rule relating to distilleries and mini-distilleries; directing the Lottery Commission to amend and promulgate legislative rule relating to limited video lottery; authorizing the Racing Commission to promulgate legislative rule relating to thoroughbred racing; authorizing Racing Commission to promulgate legislative rule relating to pari-mutuel wagering;  authorizing Department of Tax and Revenue to promulgate legislative rule relating to payment of taxes by electronic funds transfer; and authorizing Department of Tax and Revenue to promulgate legislative rule relating to an exchange of information agreement between Commissioner of the Tax Division of the Department of Revenue and Secretary of the Department of Commerce, Secretary of the Department of Environmental Protection, Director of the Division of Forestry of the Department of Commerce and Commissioners of the Public Service Commission”; 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. 195 - “A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee;  authorizing certain of the agencies to promulgate certain legislative rules with various amendments recommended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to West Virginia clearance for access, registry and employment screening; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to fees for service; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to infectious medical waste; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDS-related medical testing and confidentiality; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to tuberculosis testing, control, treatment and commitment; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to farmers market vendors; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the certification of opioid overdose prevention and treatment training programs; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to chronic pain management licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to neonatal abstinence centers; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to child-care licensing requirements; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to family child-care facility licensing requirements; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to family child-care home registration requirements; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to West Virginia Works Program sanctions; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to qualifications for a restricted provisional license to practice as a social worker within the department; and authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to goals for foster children”; 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. 342 - “A Bill supplementing and amending by decreasing the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Department of Health and Human Resources – Division of Human Services, fund 0403, fiscal year 2016, organization 0511, and to the Bureau of Senior Services, fund 0420, fiscal year 2016, organization 0508, by supplementing, amending and decreasing the appropriations for the fiscal year ending June 30, 2016”; which was referred to the Committee on 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

            S. B. 357 - “A Bill making a supplementary appropriation of Lottery Net Profits from the balance of moneys remaining as an unappropriated balance in Lottery Net Profits to the Bureau of Senior Services - Lottery Senior Citizens Fund, fund 5405, fiscal year 2016, organization 0508, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”;

which was referred to the Committee on 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

            S. B. 360 - “A Bill making a supplementary appropriation from the balance of moneys remaining as an unappropriated balance from the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services, fund 5365, fiscal year 2016, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2016”; which was referred to the Committee on 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

            S. B. 364 - “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.”

At the respective requests of Delegate Cowles, and by unanimous consent, reference of the bill (S. B. 364) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Bills Introduced

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

            By Delegates Foster, McGeehan, Butler, Ihle, Azinger, Fast, Moffatt, J. Nelson, Summers, Waxman and Miller:

H. B. 4317 -- “A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended, relating to limiting factors in parenting plans; and changing language relating to parental activity of “making repeated fraudulent reports of domestic abuse” to making “one or more” such reports as a factor a court may consider in imposing limits on a parenting plan in order to protect a child from harm”; to the Committee on the Judiciary.

            By Delegates Foster, McGeehan, Butler, Ihle, Azinger, Fast, Moffatt, J. Nelson, Waxman, Kessinger and Miller:

H. B. 4318 -- “A Bill amend and reenact §48-9-206 of the Code of West Virginia, 1931, as amended, relating to including consideration, by a court, of the employment or working schedule of a parent necessary to provide expenses and income to support a child as a factor in determining an allocation of custodial responsibility”; to the Committee on the Judiciary.

            By Delegates Weld, McGeehan, J. Nelson, Cooper, Ireland, Longstreth and Anderson:

H. B. 4319 -- “A Bill to amend and reenact §59-1-2a of the Code of West Virginia, 1931, as amended, relating to including in the definition of “veteran” active members of the Guard and Reserve components of the Armed Forces of the United States in order to exempt them from fees charged by the Secretary of State”; to the Committee on Veterans' Affairs and Homeland Security then Finance.

            By Delegates Westfall, McCuskey and B. White:

H. B. 4320 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-24-1, relating to directing the Commissioner of the Division of Highways to promulgate rules providing for a limited, one-time period whereby individuals who have unpaid traffic violations, other than serious traffic offenses, may make a one-time payment of all outstanding violations at a reduced rate”; to the Committee on Roads and Transportation then Finance.

            By Delegates Foster, Cadle, McGeehan, Butler, Ihle, Azinger, Fast, Moffatt, J. Nelson, Waxman and Summers:

H. B. 4321 -- “A Bill to amend and reenact §11-13W-1 of the Code of West Virginia, 1931, as amended, relating to tax credits for apprenticeship training in construction trades; and removing requirement that eligibility is limited to programs jointly administered by labor and management trustees”; to the Committee on Industry and Labor then Finance.

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

            [By Request of the Executive]:

H. B. 4322 -- “A Bill to amend and reenact §18B-3D-1 and §18B-3D-4 of the Code of West Virginia, 1931, as amended, all relating to the Workforce Development Initiative Program and expanding the Learn and Earn Program; eliminating authority for Workforce Development Initiative Program grant funding for equipment and eliminating exception to dollar-for-dollar grant funding match from private sector partners”; to the Committee on Education then Finance.

            By Delegates Cowles and Miley

            [By Request of the Executive]:

H. B. 4323 -- “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-5C-1 and §15-5C-2, all relating to the reporting of emergency incidents by well operators and pipeline operators; defining terms; establishing reporting requirements; establishing obligations of local emergency telephone operators; providing for recording and handling of calls; setting forth administrative civil penalty; and providing appeal process”; to the Committee on Industry and Labor then Energy.

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

            [By Request of the Executive]:

H. B. 4324 -- “A Bill to amend and reenact §21A-10-11 of the Code of West Virginia, 1931, as amended, relating to authorizing information sharing by Workforce West Virginia related to administration of the Workforce Innovation and Opportunity Act with agencies of state government responsible for vocational rehabilitation, employment and training”; to the Committee on Government Organization then the Judiciary.

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

            [By Request of the Executive]:

H. B. 4325 -- “A Bill to amend and reenact §18-2-6 of the Code of West Virginia, 1931, as amended, relating to requiring promulgation of a rule to provide for payment of tuition by county boards of education to the Mountaineer Challenge Academy for students graduating with a high school diploma from the Mountaineer Challenge Academy”; to the Committee on Education then Finance.

House Calendar

Second Reading

            H. B. 4189, Expiring funds to the unappropriated balance in State Fund, General Revenue, from the Department of Revenue; on second reading, coming up in regular order, was, at the request of Delegate Cowles, and by unanimous consent, laid over.

            The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:

            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.

First Reading

            H. B. 4235, Relating to the publication requirements of the administration of estates; on first reading, coming up in regular order, was read a first time and ordered to second reading.

Remarks of Members

            Delegate J. Nelson asked and obtained unanimous consent that the remarks of Delegate Ellington regarding S. B. 6, Requiring drug screening and testing of applicants for TANF program be printed in the Appendix to the Journal.

            Delegate Manchin asked and obtained unanimous consent that the remarks of Delegate Hornbuckle regarding All Lives Matter be printed in the Appendix to the Journal.

            Delegate Manchin asked and obtained unanimous consent that the remarks of Delegate Skinner regarding the public hearing on H. B. 4012 be printed in the Appendix to the Journal.

            Delegate Shaffer asked and obtained unanimous consent that the remarks of Delegate Fleischauer regarding equal pay be printed in the Appendix to the Journal.

Miscellaneous Business

            Delegate Frich filed a form with the Clerk’s Office per House Rule 94b to be added as a cosponsor of H. B. 4319.

            At 12:31 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 29, 2016.