__________*__________

 

 

 

Monday, February 15, 2016

THIRTY-FOURTH 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 Friday, February 12, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

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

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

S. B. 329, Eliminating sunset provision for commission to study residential placement of children,

And,

Com. Sub. for S. B. 338, Compiling and maintaining Central State Mental Health Registry,

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 (S. B. 329 and Com. Sub. for S. B. 338) were each 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. 4467, Including financial aid planning and completion of the Free Application for Federal Student Aid in secondary school instruction in personal finance,

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

Com. Sub. for H. B. 4467 “A Bill to amend and reenact §18-2-7c of the Code of West Virginia, 1931, as amended, relating to including financial aid planning and completion of the Free Application for Federal Student Aid in secondary school instruction in personal finance; including building student familiarity with variety of additional free resources to plan, apply and pay for education and training beyond high school; and making finding and declaration and providing for development and availability of curriculum and instructional resources,”

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. 4174, 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,

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

Com. Sub. for 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,@

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

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

Com. Sub. for H. B. 2904 - AA Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-2-4, to amend said code by adding thereto a new section, designated §7-1-3pp, and, to amend and reenact §7‑1‑7 of said Code, all relating to accessible county records; requiring county clerks to report certain county official information to the Secretary of State annually; requiring the Secretary of State to annually update a website of county information; requiring county commissions to maintain a website; and requiring the clerk of a county commission to maintain a county ordinance book,@

With the recommendation that the committee substitute do pass.

Messages from the Executive

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on February 11, 2016, he approved Com. Sub. for H. B. 2101, S. B. 32, Com. Sub. for S. B. 342, S. B. 357 and S. B. 360.

 

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. 73 - “A Bill to amend and reenact §17C-4-1 of the Code of West Virginia, 1931, as amended, relating to crashes involving death or physical injuries; creating crimes of leaving scene of a crash resulting in serious bodily injury and leaving the scene of a crash; defining terms; clarifying knowledge requirement; and providing criminal penalties of fine and imprisonment”; 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. 429 - “A Bill to amend and reenact §33-24-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-25-6 of said code; to amend and reenact §33-25A-24 of said code; to amend and reenact §33-25D-26 of said code; to amend and reenact §33-40-1, §33-40-2, §33-40-3, §33-40-6 and §33-40-7 of said code; and to amend said code by adding thereto a new article, designated §33-40A-1, §33-40A-2, §33-40A-3, §33-40A-4, §33-40A-5, §33-40A-6, §33-40A-7, §33-40A-8, §33-40A-9, §33-40A-10, §33-40A-11 and §33-40A-12, all relating to risk-based capital; making health organizations subject to statutory provisions concerning risk-based capital reporting; defining terms associated with risk-based capital reporting for health organizations; requiring health organizations to file risk-based capital reports with Insurance Commissioner; requiring health organizations to perform certain actions if risk-based capital report indicates a negative financial trend or hazardous financial condition; requiring Insurance Commissioner to conduct certain actions if risk-based capital report of a health organization indicates negative financial trend or hazardous financial condition; providing health organization right to a confidential hearing with respect to certain notifications; specifying confidential and privileged nature of risk-based capital reports and plans and related matters; prohibiting use of risk-based capital reports in ratemaking of a health organization; granting Insurance Commissioner authority to propose rules for legislative approval; providing immunity to Insurance Commissioner and his employees and agents for actions taken with respect to monitoring the financial stability of a health organization; and changing the definition of ‘company action level event’ for a life and health insurer”; which was referred to the Committee on Banking and Insurance then 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. 465 - “A Bill to amend and reenact §33-31-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-46A-9 of said code, all relating to allowing professional employer organizations to insure certain risks through an insurance captive; establishing that professional employer organizations holding the appropriate license may insure its risks for insurance for accident and sickness as defined in current code; providing that such coverage for all employees and covered employees may be through a captive insurance company; eliminating prohibition against professional employer organizations offering or establishing self-funding health plans; providing that professional employer organizations can offer plans not fully insured by authorized insurers so long as the plan complies with current code requirements; clarifying that all employees covered by a professional employer organization’s health benefit plan shall be considered employees of the professional employer organization; and clarifying that health benefit plans offered under this provision shall be treated as a single employer welfare benefit plan”; 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. 469 - “A Bill to amend and reenact §38-8-1 of the Code of West Virginia, 1931, as amended, relating to exemptions of personal property from execution or other process; removing wages and salary from of items subject to the one-time, $15,000 exemption; providing that wages and salary are automatically exempted from levy execution up to a certain amount; and clarifying that wages and salary above that automatic exemption amount may not be exempted from levy”; 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. 501 - “A Bill to amend and reenact §38-1-13 of the Code of West Virginia, 1931, as amended;  to amend and reenact §44D-1-103 and §44D-1-107 of said code; to amend said code by adding thereto a new section, designated §44D-1-113; to amend and reenact §44D-3-303 of said code; to amend and reenact §44D-4-403, §44D-4-405, §44D-4-409 and §44D-4-414 of said code; to amend and reenact §44D-5-505 of said code; to amend and reenact §44D-6-604 of said code; and to amend and reenact  §44D-8-817 of said code, all relating generally to trusts and their administration; and making clarifications, technical improvements and updates”; which was referred to the Committee on Banking and Insurance then the Judiciary.

Resolutions Introduced

            Delegates Lynch, Hamilton, Eldridge, Perry, Campbell, Morgan, Moye, Fleischauer, Byrd, Shaffer and P. Smith offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 62 Requesting the Division of Highways to name the portion of West Virginia Route 20 from mile marker 7.30 to mile marker 19.94, in Webster County, the ‘Webster County Veterans Highway’.”

Whereas, A large number of Webster County men and women have served in the nation’s armed forces; and

Whereas, Webster County veterans have been wounded or lost their lives in military service; and

Whereas, The citizens of Webster County wish to honor the memory and sacrifices of its many veterans with a fitting memorial; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the portion of West Virginia Route 20 from mile marker 7.30 to mile marker 19.94, in Webster County, the “Webster County Veterans Highway”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated portion of highway containing bold and prominent letters proclaiming the portion of highway the “Webster County Veterans Highway”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Webster County Commission and to the Commissioner of the Division of Highways.

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

H. C. R. 63 “Requesting the Division of Highways to name bridge number 23-44-4.86 (23A105), (37.70670, -81.98848), (locally known as Crystal Block Concrete Bridge, carrying WV44 over Island Creek in Logan County, the ‘U.S. Air Force MSgt Johnny Baxter Clark and U.S. Air Force MSgt Carl Richard (Dick) Clark Memorial Bridge’.”

Whereas, Johnny Baxter Clark and Carl Richard (Dick) Clark, were sons of Carl Aubrey Clark and Garnette Louise Rice Clark, of Logan County; and

Whereas, Both brothers attended Pine Creek, Switzer, Omar and Logan High School; and

Whereas, The brothers had a sister, Rheba Jayne Clarke Browning; and

Whereas, Both brothers have been recognized for distinguished service with the United States Air Force, each having reached the rank of Master Sergeant; and

Whereas, Johnny Baxter Clark was born August 5, 1934, in Naugatuck, West Virginia, and died April 2, 2004, in Colorado; and

Whereas, Master Sergeant Johnny Baxter Clark served one tour of duty in Vietnam and two tours in Thailand; and

Whereas, Johnny Baxter Clark was awarded the Air Force Commendation Medal, Armed Forces Expeditionary Medal, National Defense Service Medal, Vietnam Service Medal with one Oakleaf Cluster, Air Force Outstanding Unit Award with One Oakleaf Cluster, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross, Air Force Good Conduct Medal with one Silverleaf and One Oakleaf Cluster, Air Force Longevity Service Award Ribbon with One Silverleaf Cluster, and NCOAG Ribbon; and

Whereas, Master Sergeant Johnny Baxter Clark, at the time of retirement from the Air Force, was cited for loyal and dedicated performance with the 37th Equipment Maintenance Squadron; and

Whereas, Carl Richard (Dick) Clark was born July 21, 1938, in Delbarton, West Virginia, and died May 22, 2013, in Florida; and

Whereas, Carl Richard (Dick) Clark served as an aircraft maintenance technician in Vietnam and was retired from the Air Force November 30, 1978 after serving more than twenty-one years; and

Whereas, It is fitting and proper that the military service of these brothers be recognized by a memorial in their home community; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 23-44-4.86 (23A105) (37.70670, - 81.98848), locally known as Crystal Block Concrete Bridge, carrying WV44 over Island Creek in Logan County, the “U.S. Air Force MSgt Johnny Baxter Clark and U.S. Air Force MSgt Carl Richard (Dick) Clark Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “U.S. Air Force MSgt Johnny Baxter Clark and U.S. Air Force MSgt Carl Richard (Dick) Clark 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.

            Delegates Eldridge, Phillips, Rodighiero, Moffatt, Reynolds, Miller, Morgan, Hornbuckle, P. White, Perry and Campbell offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

H. C. R. 64 Requesting the Division of Highways to name the road from the mouth of Harts Creek on Harts Creek Road 1.2 mile to Warrens Way off SR 10 on CR 19 Lincoln County, the ‘U. S. Army CPL George Browning Memorial Road’.”

Whereas, George Edward Browning was born on January 28, 1949, in Harts, Lincoln County, West Virginia.  Corporal George Edward Browning was an infantryman in A TRP, 3rd SQDN, 4th Cavalry, 25th INF DIV, USARV.  He began his tour of duty on January 1, 1968, in Vietnam and was killed in action on March 28, 1968 in Tay Ninh Province, South Vietnam; and

Whereas, Naming the road from the mouth of Harts Creek on Harts Creek Road to Warrens Way 1.2 miles off SR 10 on CR 19 Lincoln County, the “U. S. Army CPL George Browning Memorial Road” is an appropriate recognition of his ultimate sacrifice to his country, state and Lincoln County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the road from the mouth of Harts Creek  on Harts Creek Road to Warrens Way 1.2 mile off SR 10 on CR 19 Lincoln County, the “U. S. Army CPL George Browning Memorial Road”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road as the “U. S. Army CPL George Browning Memorial Road”; 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 the surviving family of George Browning.

            Delegates Eldridge, Phillips, Rodighiero, Moffatt, Reynolds, Miller, Morgan, Hornbuckle, P. White, Perry and Campbell offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 65 Requesting the Division of Highways to name the road from the beginning of Sand Creek Road on County Route 10/15 at the bend of the Guyandotte River and State Route 10 running one-half mile on Sand Creek Road in Lincoln County, the ‘U. S. Army CPL Wilson B. Lambert, Jr. Memorial Road’.”

Whereas, Wilson B.  Lambert, Jr. was born on June 14, 1930, in Harts, Lincoln County, West Virginia.  Corporal Wilson B. Lambert, Jr. was an infantryman in the Heavy Mortar Co, 38th Infantry Regiment, 2nd Division, and was injured on February 13, 1951, in Wonju, Korea.  He received a Purple Heart, Combat Infantry Badge and Korean Service Medal with two Bronze Stars.  Wilson B. Lambert, Jr. returned to West Virginia where he worked in coal mining and construction.  He died on May 5, 2011; and

Whereas, Naming the road from the beginning of Sand Creek Road on County Route 10/15 at the bend of the Guyandotte River and State Route 10 running one-half mile on Sand Creek Road in Lincoln County, the “U. S.  Army CPL Wilson B. Lambert, Jr. Memorial Road” is an appropriate recognition of his service to his country, state and Lincoln County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the road from the beginning of Sand Creek Road on County Route 10/15 at the bend of the Guyandotte River and State Route 10 running one-half mile on Sand Creek Road in Lincoln County, the “U. S.  Army CPL Wilson B.  Lambert, Jr. Memorial Road”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road the “U.  S.  Army CPL Wilson B.  Lambert, Jr. Memorial Road”; 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 the surviving family of Wilson B.  Lambert, Jr.

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

H. C. R. 66 Requesting the Division of Highways to name the Rossmore By-Pass starting at Rossmore and running to Monaville on Route 119/42, in Logan County, the ‘1SG Carl J. Crabtree Memorial Road’.”

Whereas, Carl J.  Crabtree was born on November 8, 1917, in Branchland, Lincoln County, West Virginia.  He was raised and educated in Logan County and worked there until he enlisted in the military on August 27, 1940.  He served in WW II in the 325 Glider Infantry Regiment, 82nd Airborne Division as a 1st Sergeant.  He was wounded on June 8, 1944, in France and was a prisoner of war.  His decorations and citations included the American Defense, American Theater, Good Conduct, Purple Heart, European African Middle Eastern Theater Ribbon with 1 Bronze Star, Distinguished Unit Badge, Croix De Guerre, Belgium Fourragere and Victory Medal. Carl J. Crabtree served honorably in the United States Army, ending his active service on May 24, 1946.  Returning to Logan County and Rossmore, he raised a family and was employed among other occupations in the coal mines.  Carl J.  Crabtree died on December 6, 2004, survived by three daughters, Connie Herndon of Switzer, West Virginia, Janet Cook and Carolyn Greene of Rossmore, West Virginia.  He was preceded in death by his wife and a daughter, Patricia Molnar; and

Whereas, Naming the Rossmore By-Pass starting at Rossmore and running to Monaville on Route 119/42, in Logan County, the “1SG.  Carl J.  Crabtree Memorial Road” is an appropriate recognition of his contributions to his country, state, community and Logan County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the Rossmore By-Pass starting at Rossmore and running to Monaville on Route 119/42, in Logan County, the “1SG Carl J.  Crabtree Memorial Road”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the road as the Rossmore By-Pass starting at Rossmore and running to Monaville on Route 119/42, in Logan County, the “1SG Carl J.  Crabtree Memorial Road”; 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 Connie Herndon, Janet Cook and Carolyn Greene, the surviving daughters of 1SG Carl J.  Crabtree, and their families.

Petitions

            Delegate Reynolds presented a petition signed by 1,547 residents urging the passage of Com. Sub. for H. B. 4228, Relating to transportation network companies; which was referred to the Committee on Finance.

Motions

            Delegates Skinner, Ferro and Fluharty submitted a written motion to discharge H. B. 4300, Relating to changes in distribution of net terminal income, excess net terminal income and excess lottery fund, from the Committee on the Judiciary.

Delegate Cowles then moved that the motion to discharge the bill from Committee be tabled.

            On this motion, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 72), and there were--yeas 53, nays 45, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Deem, Eldridge, Faircloth, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Hamilton, Hartman, Hicks, Ihle, Longstreth, Lynch, Manchin, Marcum, McGeehan, Miley, Morgan, Moye, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Romine, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Storch, Trecost, Upson, Weld, P. White and Zatezalo.

            Absent and Not Voting: Hornbuckle and Moore.

            So, a majority of the members present and voting having voted in the affirmative, the motion to table prevailed.

Bills Introduced

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

            By Delegates Weld, Stansbury and Kessinger:

H. B. 4533 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5, §62-16-6, §62-16-7, §62- 16-8, §62-16-9, §62-16-10, §62-16-11, §62-16-12 and §62-16-13, all relating to establishing a Mental Health and Military Service Member Court program within Supreme Court of Appeals; defining terms; granting authority to oversee court to Administrator of Supreme Court of Appeals; setting forth structure of court; providing for written agreement to participate in court; setting forth incentives for successful participation; providing for sanctions for violation of provisions of court; setting out disposition on successful completion; providing for teams to function within court; setting forth eligibility requirements for participation; setting forth procedure to participate in court; allowing for mental health and drug treatment services for participants; providing for governance of court by Supreme Court of Appeals; setting forth information to be maintained on participants; providing for funding mechanisms which may include court fees; and providing for limitation of liability”; to the Committee on Veterans’ Affairs and Homeland Security then the Judiciary.

            By Delegates Walters, McCuskey, Hamilton, Upson, Storch, Manchin, Skinner, Espinosa, Shott, E. Nelson and Phillips:

H. B. 4534 - “A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-7-12 of said code; and to amend and reenact §60-8-34 of said code, all relating to allowing tavern, private club and private wine restaurant businesses operational hours for the sale and serving of alcoholic liquors at 11:00 a.m. on Sundays, consistent with operational hours during all days of the week”; to the Committee on Roads and Transportation then the Judiciary.

            By Delegates Rowe, Pushkin, McCuskey, B. White, Skinner, Sobonya, Fleischauer, Hornbuckle, Faircloth, Byrd and Guthrie:

H. B. 4535 - “A Bill to amend and reenact §18-21-2 of the Code of West Virginia, 1931, as amended, relating to extending the length of time for the special Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth”; to the Committee on the Judiciary.

            By Delegates Phillips, Eldridge, Marcum, P. White, Rodighiero, O’Neal, Canterbury, B. White, Arvon, Kessinger and Perdue:

H. B. 4536 - “A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended,  relating to reducing the severance tax on coal to two percent of gross value; create a ‘Local Government Economic Assistance Fund’; and provide that all of this tax be deposited into the fund for distribution to the coal producing counties”; to the Committee on Energy then Finance.

            By Delegates Stansbury, Bates, Rohrbach, Perdue, Sobonya and Ellington:

H. B. 4537 - “A Bill to amend and reenact §16-5H-2, §16-5H-5 and §16-5H-7 of the Code of West Virginia, 1931, as amended, all relating to the regulation of chronic pain clinics; updating definitions; deleting an exemption; and clarifying the process for hearing notices upon appeal”; to the Committee on Health and Human Resources then the Judiciary.

            By Delegates A. Evans, Rowan, Romine and Hamilton:

H. B. 4538 - “A Bill to amend and reenact §19-8-1 of the Code of West Virginia, 1931, as amended, relating to cooperative extension workers”; to the Committee on Agriculture and Natural Resources then Finance.

            By Delegates A. Evans, Espinosa, Romine, Hamilton and Rowan:

H. B. 4539 - “A Bill to amend and reenact §60-1-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §60-4-3b of said code; and to amended and reenact §60-8-3 of said code, all relating to permitting farm winery licensure as alternating wine proprietorships and permitting farm wineries to provide samples and off-premises sales at separately licensed fairs and festivals”; to the Committee on Agriculture and Natural Resources then Finance.

            By Delegates A. Evans, Hamilton, Kelly, Zatezalo, Romine, Wagner and Boggs:

H. B. 4540 - “A Bill to amend and reenact §22-15A-22 of the Code of West Virginia, 1931, as amended, relating to removing prohibition of disposal of certain electronics in landfills”; to the Committee on Government Organization.

House Calendar

Unfinished Business

            H. R. 7, Designating that the month of April be proclaimed as Sarcoidosis Awareness Month beginning in 2016; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.

            H. R. 8, Authorizing the Committee on Rules to arrange a Special Calendar and providing for making public the vote on certain questions in connection with the preparation thereof; coming up in regular order, as unfinished business, was reported by the Clerk.

            An amendment, recommended by the Committee on Rules, was reported by the Clerk and adopted, amending the resolution on page one, line four, by striking out “Friday, February 12, 2016” and inserting in lieu thereof “Tuesday, February 16, 2016”.

            Delegate Sponaugle moved to amend the resolution on page one, on the last line of the paragraph following the resolution clause, by striking out the words “suspension of this Rule”, and inserting in lieu thereof the words “majority of the members present and voting”.

            On the adoption of the amendment, the yeas and nays were demanded, which demand was sustained.

            The yeas and nays having been ordered, they were taken (Roll No. 73), and there were--yeas 36, nays 62, absent and not voting 2, with the yeas and absent and not voting being as follows:

            Yeas: Bates, Blackwell, Boggs, Byrd, Campbell, Caputo, Eldridge, Faircloth, Ferro, Fleischauer, Fluharty, Folk, Guthrie, Hartman, Hicks, Longstreth, Lynch, Manchin, Marcum, Miley, Morgan, Moye, Perdue, Perry, Pethtel, R. Phillips, Pushkin, Reynolds, Rodighiero, Rowe, Shaffer, Skinner, P. Smith, Sponaugle, Trecost and P. White.

            Absent and Not Voting: Hornbuckle and Moore.

            So, a majority of the members present and voting not having voted in the affirmative, the amendment was rejected.

            The question being on the adoption of the resolution, the House divided, and the Speaker declared the resolution adopted.

            The following resolutions, coming up in regular order, as unfinished business, were adopted:

            S. C. R. 16, US Army CPL John Belcastro Bridge,

            Com. Sub. for H. C. R. 2, U.S. Army PV2 William Frederick Kump Memorial Bridge,

            Com. Sub. for H. C. R. 14, Second Friday in July as West Virginia Collector Car Appreciation Day,

            And,

            Com. Sub. for H. C. R. 19, H. Laban White Memorial Bridge.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.

Third Reading

            S. B. 123, Treatment for sexually transmitted diseases; 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. 74), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: McGeehan.

Absent and Not Voting: Hornbuckle and Moore.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 123) passed.

            An amendment to the title of the bill, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the title to read as follows:

S. B. 123 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend and reenact §30-3-14 of said code; to amend and reenact §30-3E-17 of said code; to amend and reenact §30-5-14 of said code; to amend and reenact §30-7-11 of said code; and to amend and reenact §30-14-11 of said code, all relating to treatment for sexually transmitted diseases; providing for expedited partner therapy; defining terms; allowing prescribing of antibiotics to sexual partners of patient without prior examination of partner; requiring patient counseling; establishing counseling criteria; requiring informational materials be prepared by the Department of Health and Human Resources; providing limited liability for providing expedited partnership therapy; requiring rulemaking; and providing that physicians, physician assistants, pharmacists and advanced practice registered nurses are not subject to disciplinary action for providing certain treatment for sexually transmitted diseases for sexual partners of patient.”

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

S. B. 261, Bringing state code relating to daylight saving time in conformity with federal code; 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. 75), and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:

Nays: Eldridge, Folk, Ihle, Marcum, McGeehan, Moffatt, J. Nelson and Wagner.

Absent and Not Voting: Hornbuckle and Moore.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 261) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            Com. Sub. for H. B. 2615, West Virginia Small Business Capital Act; on third reading with the restricted right to amend jointly by Delegates Lane and E. Nelson, was reported by the Clerk.

            On motion of Delegates E. Nelson and Lane, the bill was amended on page three, section five hundred four, line fourteen, after the word “elapsed”, by striking out the period, and inserting a colon and the words “Provided, That upon the escrowed funds attaining a balance of at least ten percent of the offering amount sought, the attorney holding the money in escrow shall, upon written request of the issuer, withdraw a portion of the money in escrow and deliver such portion of money to the issuer”, followed by a period,

            And,    

            On page three, section five hundred four, beginning on line twenty-one, by striking out subsection (g) in its entirety.

            Having been engrossed, the bill was read a third time.

            Delegate Kurcaba requested to be excused from voting on the passage of Com. Sub. for H. B. 2615 under the provisions of House Rule 49.

            The Speaker replied that any impact on Delegate Kurcaba would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 76), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Hornbuckle and Moore.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2615) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 4146, Providing insurance cover abuse-deterrent opioid analgesic drugs; on third reading, coming up in regular order, was read a third time.

            Delegate Boggs requested to be excused from voting on the passage of Com. Sub. for H. B. 4146 under the provisions of House Rule 49.

            The Speaker replied that any impact on Delegate Boggs would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 77), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Azinger, Cadle, Fast, Folk, Howell, Ihle, McGeehan, Moffatt and J. Nelson.

            Absent and Not Voting: Hornbuckle and Moore.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4146) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 4188, Relating to the development and implementation of a program to facilitate commercial sponsorship of rest areas; 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. 78), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Hornbuckle and Moore.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4188) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 4218, Expanding the definition of “underground facility” in the One-Call System Act; on third reading, coming up in regular order, was read a third time.

Speaker Pro Tempore Anderson in the Chair

            Mr. Speaker, Mr. Armstead, arose from his seat and requested to be excused from voting on the passage of Com. Sub. for H. B. 4218 under the provisions of House Rule 49.

            The Speaker Pro Tempore replied that Mr. Armstead was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse him from voting.

Mr. Speaker, Mr. Armstead, in the Chair

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 79), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:

            Absent and Not Voting: Hornbuckle and Moore.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4218) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            Com. Sub. for H. B. 4228, Relating to transportation network companies; on third reading, coming up in regular order, was read a third time.

            Delegate Pushkin requested to be excused from voting on the passage of Com. Sub. for H. B. 4228 under the provisions of House Rule 49.

            The Speaker replied that any impact on Delegate Pushkin would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 80), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:

            Nays: Deem, Ireland, Kelly and Shaffer.

            Absent and Not Voting: Hornbuckle and Moore.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4228) passed.

            Delegate Cowles moved that the bill take effect July 1, 2016.

            On this question, the yeas and nays were taken (Roll No. 81), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:

            Nays: Kelly and Shaffer.

            Absent and Not Voting: Hornbuckle, Moore and J. Nelson.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4228) takes effect July 1, 2016.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

            H. B. 4309, Increasing criminal penalties for conviction of certain offenses of financial exploitation of an elderly person; on third reading, coming up in regular order, was read a third time.

            Delegate Cadle requested to be excused from voting on the passage of Com. Sub. for H. B. 4228 under the provisions of House Rule 49.

            The Speaker replied that any impact on Delegate Cadle would be as a member of a class of persons possibly to be affected by the passage of the bill, and refused to excuse the Gentleman from voting.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 82), 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, Moore and J. Nelson.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4309) 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

            S. B. 15, Adopting learned intermediary doctrine as defense to civil action due to inadequate warnings or instructions; on second reading, coming up in regular order, was read a second time.

            An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, section thirty, line one, following the words “drug or”, by inserting the word “medical”.

            And,

            On page one, section thirty, line eleven, following the words “drugs or” by inserting the word “medical”.

            The bill was then ordered to third reading.

            Com. Sub. for H. B. 2122, Making it illegal for first responders to photograph a corpse; Jonathon’s Law; on second reading, coming up in regular order, was read a second time.

On motion of Delegate Shott, the bill was amended on page two, section sixteen, line ten, after the word “a”, by inserting the word “human”.

            And,

On page two, section sixteen, line fourteen, after the word “a”, by inserting the word “human”.

            The bill was then 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. 3019, Requiring official business and records of the state and its political subdivisions be conducted in English,

            Com. Sub. for H. B. 4209, Relating generally to health care provider taxes,

            Com. Sub. for H. B. 4291, Increasing penalties for teachers who commit sexual offenses against children,

            Com. Sub. for H. B. 4323, Relating to the reporting of emergency incidents by well operators and pipeline operators,

            H. B. 4347, Providing pregnant women priority to substance abuse treatment,

            H. B. 4378, Relating to access to and receipt of certain information regarding a protected person by certain relatives of the protected person,

            And,

            H. B. 4417, Increasing wages protected from garnishment.

Leaves of Absence

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

            At 2:10 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 16, 2016.