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Saturday, March 5, 2016
FIFTY-THIRD 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, March 4, 2016, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Reordering of the Calendar
Delegate Cowles announced that the Committee on Rules had transferred Com. Sub. for S. B. 597, on Third reading, House Calendar, to the Special Calendar; and, Com. Sub. for S. B. 265 on Third reading, and Com. Sub. for S. B. 628, on Second reading, Special Calendar, to the House Calendar.
Committee Reports
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:
Com. Sub. S. B. 330, Requiring automobile liability insurers provide 10 days’ notice of intent to cancel due to nonpayment of premium,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 338, Compiling and maintaining Central State Mental Health Registry,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 326, Repeal and recodify law relating to contributing to delinquency of minor child,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 416, Allowing terminally ill patients access to investigational products,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 43, Clarifying means of posting to prohibit hunting or trespassing,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. S. B. 601, Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 6, Requiring drug screening and testing of applicants for TANF program,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 333, Taking and registering of wildlife,
And reports the same back with the recommendation that it 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:
Com. Sub. for S. B. 484, Relating to reemployment rights of military personnel,
And reports the same back with the recommendation that it 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:
Com. Sub. for S. B. 195 - “Authorizing DHHR to promulgate legislative rules,”
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 429, Adopting two National Association of Insurance Commissioners' models to protect enrollees and general public and permit greater oversight,
And reports the same back with the recommendation that it do pass.
Mr. Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
Com. Sub. for H. C. R. 12, Cheat Mountain Salamander as the State symbol of conservation,
And reports the same back, with amendment, with the recommendation that it be adopted as amended.
Mr. Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
Com. Sub. for H. C. R. 3, North River Mills Historic Trace,
H. C. R. 4, CSA LTG Thomas J. "Stonewall" Jackson Bridge,
H. C. R. 8, Harry Ripley Memorial Bridge,
H. C. R. 11, World Autism Awareness Day,
Com. Sub. for H. C. R. 13, U.S. Army SPC 4 Everette R. Johnson Memorial Bridge,
H. C. R. 20, Funding for the West Virginia National Guard,
Com. Sub. for H. C. R. 34, U.S. Marine Corps PFC Billy Joe Vickers Memorial Bridge,
H. C. R. 47, U.S. Army SFC Jesse Muncy Memorial Bridge,
Com. Sub. for H. C. R. 51, U.S. Army PFC Danny Mire Stoneking Memorial Bridge,
Com. Sub. for H. C. R. 54, Byron 'Bray' Kelley Memorial Bridge,
Com. Sub. for H. C. R. 56, U.S. Army CPL Robert Eugene Jackson Memorial Bridge,
Com. Sub. for H. C. R. 57, U.S. Army PVT Leander Reel Memorial Bridge,
Com. Sub. for H. C. R. 72, Max G. Parkinson Memorial Bridge,
H. C. R. 78, Requesting the Joint Committee on Government and Finance study professional and occupational boards,
H. C. R. 86, Designating April 16, 2016 as World Voice Day,
H. C. R. 93, Requesting the Joint Committee on Government and Finance study the motor vehicle code,
H. C. R. 94, Requesting the Joint Committee on Government and Finance study the holdings of public property by departments, agencies, commissions, bureaus and boards of the state,
H. R. 6, Honoring the town of Piedmont's 160th anniversary ,
H. R. 9, Recognizing March as self-care month in West Virginia,
H. R. 10, Creating support services and programs for childhood cancer patients and families,
H. R. 11, Enhancing hunting, fishing, recreational shooting and other outdoor recreational opportunities as well as strengthen conservation efforts nationwide,
H. R. 13, Designating that March 2016 be proclaimed as Healthy Bodies Healthy Spirits Month,
H. R. 15, Self Injury Awareness Day,
S. C. R 21, US Army S/SGT Delmer R. Jones Memorial Bridge,
S. C. R. 23, Johnny Mack Bryant Memorial Bridge,
S. C. R. 25, US Army PFC Cornelius Vance Memorial Bridge,
S. C. R. 28, US Marine Corps CPL Ronald "Duke" Varney Memorial Bridge,
S. C. R. 29, US Army SSG Landon Clair Ray and US Army SPC4 Garry Dwight Haynes Memorial Bridge,
S. C. R. 31, US Air Force Staff Sgt Bethel Howard McNeely and US Marine Staff Sgt Clyde Elmo Bryant Bridge,
And,
S. C. R. 42, US Navy LCDR Helen Elizabeth Peck Memorial Bridge,
And reports the same back with the recommendation that they each do be adopted.
Delegate Ireland, Chair of the Committee on Energy, submitted the following report, which was received:
Your Committee on Energy has had under consideration:
Com. Sub. for S. B. 337, Creating 5-year tax credit for businesses on post-mine sites,
And reports the same back, with amendment, with the recommendation that it do pass as amended.
The Speaker addressed the House stating that a report from the Committee on Government Organization for S. B. 494, Com. Sub. for S. B. 524 and S. B. 306 was received during last evening’s session. Language in the report indicated that the bills were reported with title amendments. Those bills have title amendments and amendments and a report with corrected language has been submitted.
Messages from the Executive
Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on March 4, 2016, he approved Com. Sub. for H. B. 3019.
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. 12 - “A Bill to amend and reenact §7-20-1, §7-20-2, §7-20-3, §7-20-6, §7-20-7, §7-20-7a, §7-20-14, §7-20-15, §7-20-16, §7-20-23 and §7-20-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twenty-eight new sections, designated §7-20-25, §7-20-26, §7-20-27, §7-20-28, §7-20-29, §7-20-30, §7-20-31, §7-20-32, §7-20-33, §7-20-34, §7-20-35, §7-20-36, §7-20-37, §7-20-38, §7-20-39, §7-20-40, §7-20-41, §7-20-42, §7-20-43, §7-20-44, §7-20-45, §7-20-46, §7-20-47, §7-20-48, §7-20-49, §7-20-50, §7-20-51 and §7-20-52, all relating generally to County Local Powers Act fees; taxes and expenditures for county development; restating short title; amending its purpose and legislative findings; amending certain definitions and adding definitions; amending criteria and requirements to implement and collect certain fees; amending authorization for county commissions to impose impact fees, services fees and other taxes; providing that certain fees and taxes collected may be deposited in special fund and used to pay debt service on revenue bonds issued to finance capital improvements or to finance them on a pay-as-you-go basis; making technical corrections; allowing county commissions and Commissioner of Highways to enter into intergovernmental agreements for construction and modernization of state roads, bridges and related infrastructure and financing in their respective counties; providing procedures for creation and finalization or project plans and amendments of plans; requiring notice to certain locally elected public officials and general public on proposed road, bridge and related infrastructure construction projects and project amendments with opportunity for public comment; providing means to finance cost of proposed road, bridge and related infrastructure construction projects and project amendments; allowing reallocation of ad valorem property taxes after ratification of constitutional amendment of certain property tax collections to finance, in whole or in part, capital improvements to infrastructure; providing for applications for a construction project and the contents of applications; creating special fund; requiring approval of boards of education for reallocation of regular property tax levies; providing for termination of reallocation of levies; authorizing Commissioner of Highways to issue revenue bonds and refunding bonds to finance road, bridge and related infrastructure projects financed, in whole or in part, by county commissions; providing that all bonds are exempt from tax, are negotiable and are lawful investments; providing procedures for issuance of bonds; allowing projects to also be constructed on pay-as-you-go basis; providing that these powers are supplemental powers of county commissions and Commissioner of Highways; requiring reports; exempting public officials from personal liability; providing a severability clause; and effective dates”; which was referred to the Committee on the Judiciary.
Resolutions Introduced
Mr. Speaker, Mr. Armstead, offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:
H. C. R. 97 - “Requesting the Division of Highways to name a portion of County Route 3/5, known as Wills Creek Road, in Kanawha County, beginning at latitude 38.472118, longitude -81.399248 and ending at latitude 38.501480, longitude -81.413276, the ‘U.S. Army SPC 4 Thurman “Duwayne” Young Memorial Road’.”
Whereas, Specialist Truman “Duwayne” Young was born on April 23, 1949, in Elkview, West Virginia, a son of Carrie Marie Chaplan of Uniontown, Ohio, and the late Benjamin Thurman Young; and
Whereas, Specialist Young graduated from Herbert Hoover High School before entering the Army in 1969; and
Whereas, Specialist Young went to Vietnam serving as an Armored Personnel Carrier Operator and Infantry and was honorably discharged in 1971; and
Whereas, Upon returning from serving his country, Specialist Young married Linda Szeles, and they spent twenty-nine loving years together. They were the parents of three sons, Jeffery, James and Roger, and five daughters, Carol, Lisa Anne, Claire V., Jeannie M. and Christine (deceased); and
Whereas, On August 17, 2011, at the age of sixty-two Specialist Young lost his hard fought battle with cancer caused by exposure to Agent Orange; and
Whereas, Naming this road is an appropriate recognition of Specialist Young’s contributions to his country, state and community; therefore, be it
Resolved by the West Virginia Legislature:
That the Division of Highways is hereby requested to name a portion of County Route 3/5, known as Wills Creek Road in Kanawha County, beginning at latitude 38.472118, longitude -81.399248 and ending at latitude 38.501480, longitude -81.413276, the “U.S. Army SPC 4 Thurman ‘Duwayne’ Young Memorial Road”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “U.S. Army SPC 4 Thurman ‘Duwayne’ Young 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 family of U.S. Army Specialist 4 Thurman ‘Duwayne’ Young.
Delegates Howell, Arvon, Ellington, Rohrbach, R. Smith, Walters, Householder, Shott, Espinosa, Miller and Storch offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 98- “Requesting that the Joint Committee on Government and Finance conduct a study on lowering the state’s overall sales and use tax rate (‘the sales tax’) and eliminating the motor fuel excise tax (‘the fuel tax’) for gasoline and diesel, except for aircraft fuel, without reducing the state’s revenue.”
Whereas, The Joint Committee on Government and Finance is hereby requested to conduct a study to determine a revenue-neutral method to lower the state’s overall sales tax and eliminate the fuel tax for gasoline and diesel, variable and fixed, except for the tax on aircraft fuel; and,
Whereas, In conducting this study, the Joint Committee on Government and Finance is requested to review the following measures: eliminating all exemptions to the state sales tax, except for exemptions for food and medical items, and dedicating a portion of sales tax proceeds to the State Road Fund equal to that which is currently generated by the fuel tax, as an alternative to the fuel tax; and
Whereas, In conducting this study, the Joint Committee on Government and Finance is requested to determine what the overall sales tax rate would need to be, after implementing the measures listed in the preceding paragraph of this resolution, to generate the same level of revenue that is currently generated by the fuel tax and sales tax; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance conduct a study on lowering the state’s overall sales and use tax rate and eliminating the motor fuel excise tax for gasoline and diesel, except for aircraft fuel, without reducing the state’s revenue; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation, be paid from legislative appropriations to the Joint Committee on Government and Finance.
Motions
Delegate Folk was recognized and moved to take from the table his motion to commit Com. Sub. for S. B. 597 to the Committee on the Judiciary.
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. 375), and there were--yeas 16, nays 77, excused from voting 1, absent and not voting 6, with the yeas, excused from voting and absent and not voting being as follows:
Yeas: Azinger, Byrd, Faircloth, Fast, Folk, Ihle, Kelly, Kurcaba, Lane, McGeehan, Moffatt, J. Nelson, Pushkin, Shaffer, Skinner and P. Smith.
Absent and Not Voting: Blair, Deem, Flanigan, Fleischauer, Longstreth and Statler.
Excused from voting: Rohrbach.
So, a majority of the members present and voting not having voted in the affirmative, the motion to take the motion from the table was rejected.
Special Calendar
Third Reading
S. B. 29, Tolling statute of limitations in certain cases; 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. 376), and there were, including 2 paired, -- yeas 79, nays 17, absent and not voting 4, with the paired, nays and absent and not voting being as follows:
Pursuant to House Rule 43, the following pairing was filed and announced by the Clerk:
Paired:
Yea: Gearheart Nay: Flanigan
Nays: Byrd, Caputo, Eldridge, Ferro, Fluharty, Lynch, Manchin, Marcum, Miley, Moore, Perdue, Pushkin, Rowe, Shaffer, Skinner and Sponaugle.
Absent and Not Voting: Blair, Deem, Fleischauer and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 29) 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 S. B. 68, Disallowing Health Care Authority to conduct rate review and set rates for hospitals; on third reading, coming up in regular order, was read a third time.
Speaker Pro Tempore in the Chair
Delegates Boggs, Hartman, Miller and Atkinson requested to be excused from voting on the passage of Com. Sub. for S. B. 68 under the provisions of House Rule 49.
Speaker Pro Tempore replied that any impact on the Delegates 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 Members 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. 377), and there were--yeas 71, nays 24, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Blackwell, Caputo, Eldridge, A. Evans, Ferro, Fluharty, Guthrie, Hicks, Hornbuckle, Lynch, Manchin, Marcum, Miley, Moore, Perdue, Perry, Pushkin, Reynolds, Rowe, Shaffer, Skinner, Sponaugle, Trecost and P. White.
Absent and Not Voting: Blair, Deem, Flanigan, Fleischauer and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 68) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 303, Providing for 5-day resident fishing license; 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. 378), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Deem, Flanigan, Fleischauer and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 303) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 376, Expanding authority of Secretary of State and State Police; 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. 379), and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: McGeehan and Upson.
Absent and Not Voting: Blair, Deem, Flanigan, Fleischauer and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 376) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 437, Updating and clarifying code relating to rules governing mixed martial arts; on third reading, coming up in regular order, was read a third time.
Delegate Kelly requested to be excused from voting on the passage S. B. 437 under the provisions of House Rule 49.
The Speaker replied that any impact on the Delegate 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 Member from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 380), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Deem, Flanigan, Fleischauer and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 437) 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 S. B. 500, Authorizing Superintendent of State Police hold training classes to use West Virginia Automated Police Network; 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. 381), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Deem, Flanigan, Fleischauer and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 500) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 507, Exempting motor vehicles engaged in nonemergency transport of Medicaid recipients from PSC permit requirements; 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. 382), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Deem, Flanigan, Fleischauer and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 507) passed.
Delegate Cowles moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 383), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Blair, Deem, Flanigan, Fleischauer and Longstreth.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 507) takes effect from its passage.
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 S. B. 597, Relating generally to Health Care Authority; on third reading, coming up in regular order, was read a third time.
During debate on the passage of the bill, Delegate R. Smith was recognized and moved the previous question.
On this question, the House divided and the motion for the previous question prevailed.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 384), and there were--yeas 67, nays 22, excused from voting 1, absent and not voting 10, with the nays, excused from voting and absent and not voting being as follows:
Nays: Azinger, Byrd, Fast, Fluharty, Folk, Hamilton, Hanshaw, Ihle, Kurcaba, Lane, Lynch, McGeehan, Moffatt, J. Nelson, Pushkin, Shaffer, Shott, Skinner, P. Smith, Wagner, Waxman and B. White.
Excused from voting: Rohrbach.
Absent and Not Voting: Blair, Deem, A. Evans, Ferro, Flanigan, Fleischauer, Kelly, Longstreth, Storch and Trecost.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 597) passed.
On motion of Delegate Ellington, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 597 - “A Bill to amend and reenact §16-29B-26 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29-29B-28, all relating to the Health Care Authority; granting authority to the Health Care Authority to review proposed cooperative agreements; defining terms; setting out legislative findings and purpose; allowing cooperative agreements between hospitals and health care providers; setting forth goals of a cooperative agreement; establishing a review process for cooperative agreements; providing fees; setting forth standards for review of cooperative agreements; granting enforcement powers over cooperative agreements to the Health Care Authority; providing for rulemaking; requiring reporting to the Health Care Authority; setting forth reporting requirements; allowing the Health Care Authority to render a decision regarding reduced competition when a cooperative agreement pertains to an acquisition, merger or combination of hospitals or health care providers.”
Pursuant to House Rule 48, Delegate Folk explained his vote on the passage of Com. Sub. for S. B. 597 and requested that the remarks be printed in the Journal, as follows:
Delegate Folk: Thank you Mr. Speaker.
We just took a vote on replacing, it says right in the bill, best interest to supplant competition with regulatory oversight. So we took a vote to replace competition with regulation. That is under the Health Care Authority.
Now there was some mention about what the Supreme Court has done but, the last time I checked, I don’t think there has been too many economists on the Supreme Court. People, I don’t find anything in this bill regarding Huntington is specifically stated. This is much broader than that and the bill has much larger policy implications than just the Huntington or the Morgantown area. You have to look no further than the definition of teaching hospital which means a hospital medical center that provides clinical education and training to future and current health professionals. I believe the Berkeley Medical Center and also what used to be called the Jefferson, down in Jefferson, Memorial would also include it. Because it says under the academic medical center with the medical school or one or more affiliated hospitals which would include much more than just Morgantown and Huntington. This is broad, broad implication.
The other thing I find very troubling is that in this new language on page twenty we are going to allow the Governor, of course to appoint with the consent of the Senate, but more importantly we just gave the Governor without any restriction the right to set the salary of the Executive Director of the Health Care Authority. We all know that there are many people around the state right now, I know as least one right off the top of my head is making almost $300,000 in state government. I find that very problematic.
We are going to study…study regulations. You can look over and over in this bill multiple places it refers to reducing competition. It references on a paragraph on page 39 what a qualified hospital is but I found nowhere in the bill the definition of a qualified hospital. This is the wrong way to go.
This is no different than the ACA at the state level. Everybody in here, well let me put it this way, most of the people on this side of the aisle campaigned against the government intrusion of our health care system. I want to mention one other place that is interesting because there has been mention that we can’t have free markets in health care. I challenge everyone to look up the Oklahoma free market surgery center in Oklahoma. They are actually bringing people in the state, mainly from Canada because they can’t get health care in a timely manner. That is what happens when the government gets involved. They often times have to go outside their country to get health care in Canada and they come down to the Oklahoma free market center and just an example of how well they do, one of the measures of a good health care system in a hospital is the rate of infection of the facility. The average is around 2 ½ % nationwide. But, in 2006, .3%; 2007 .3%; 2008, .04%; 2009-2010, .001%; 2011, 2012, 2013, .05% and .015%, .13%. That is all a fraction of what the rest of the country does. So don’t tell me free markets don’t work.
We just passed a bill here that is now going to become law unless the Governor has a day of wisdom and vetoes it. Let me say that again. We passed a bill in here that we just created more regulation in this state for our health care and, previous of that more importantly, we just took away in a previous vote today the authority of rate setting. This will have no effect except in the long run this policy that we just passed will raise health insurance cost for every citizen of this state.
Thank you Mr. Speaker.
Pursuant to House Rule 48, Delegates Shott and Lane were also recognized to explain their votes on the passage of Com. Sub. for S. B. 597.
On motion of Delegate Faircloth, having voted on the prevailing side on the passage of Com. Sub. for S. B. 597, the passage of the bill was reconsidered.
Delegate Faircloth then moved to commit the bill to the Committee on the Judiciary.
The Speaker advised the Gentleman that the motion was out of order, stating that the motion to commit the bill to the Committee on the Judiciary was on the table.
Delegate Faircloth then renewed the motion to take from the table the motion to commit the bill to the Committee on the Judiciary.
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. 385), and there were--yeas 65, nays 20, excused from voting 1, absent and not voting 14, with the nays, excused from voting and absent and not voting being as follows:
Nays: Anderson, Cadle, Cowles, Eldridge, Foster, Gearheart, Hartman, Hicks, Hornbuckle, Ireland, Miller, Morgan, E. Nelson, O'Neal, Phillips, Reynolds, Rodighiero, Statler, Weld and Zatezalo.
Excused: Rohrbach.
Absent and Not Voting: Blair, Boggs, Deem, A. Evans, Ferro, Flanigan, Fleischauer, Kelly, Longstreth, Romine, Storch, Trecost, Westfall and B. White.
So, a majority of the members present and voting having voted in the affirmative, the motion prevailed.
The Speaker stated the question before the House was the motion to commit the bill to the Committee on the Judiciary.
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. 386), and there were--yeas 64, nays 21, excused from voting 1, absent and not voting 14, with the nays, excused from voting and absent and not voting being as follows:
Nays: Anderson, Border, Cadle, Cowles, Eldridge, Foster, Gearheart, Hicks, Hornbuckle, Ireland, Miller, Morgan, E. Nelson, Overington, Perdue, Phillips, Reynolds, R. Smith, Sobonya, Statler and Weld.
Excused from voting: Rohrbach.
Absent and Not Voting: Blair, Boggs, Deem, A. Evans, Ferro, Flanigan, Fleischauer, Kelly, Longstreth, Romine, Storch, Trecost, Westfall and B. White.
So, a majority of the members present and voting having voted in the affirmative, the motion prevailed and the bill was committed to the Committee on the Judiciary.
Second Reading
Com. Sub. for S. B. 591, Relating to voter registration list maintenance and combined voter registration and driver licensing fund; 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 on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
“That §3-2-3, §3-2-4a, §3-2-12 and §3-2-23 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-3. State authority relating to voter registration; chief election official.
(a) The Secretary of State, as chief election official of the state as provided in section six, article one-a of this chapter, shall have general supervision of the voter registration procedures and practices and the maintenance of voter registration records in the state and shall have authority to require reports and investigate violations to ensure the proper conduct of voter registration throughout the state and all of its subdivisions. Upon written notice to the clerk of the county commission of a county of the need for voter registration record maintenance and the failure of that clerk to complete such maintenance within ninety days of the notice, the Secretary of State shall make changes in the voter registration data necessary to comply with list maintenance requirements of sections four-a, twenty-three, twenty-five, twenty-six and twenty-seven of this article: Provided, that the secretary shall send the notice by certified mail, return receipt requested.
(b) The Secretary of State, as chief election official of the state, is responsible for implementing, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained and administered at the state level that contains the name and registration information of every legally registered voter in the state and assigns a unique identifier to each legally registered voter in the state.
(c) The Secretary of State is hereby designated as the chief election official responsible for the coordination of this state's responsibilities under 42 U.S.C. §1973gg, et seq., the ‘National Voter Registration Act of 1993’. The Secretary of State shall have general supervision of voter registration procedures and practices at agencies and locations providing services as required by the provisions of this article and shall have the authority to propose procedural, interpretive and legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code for application for registration, transmission of applications, reporting and maintenance of records required by the provisions of this article and for the development, implementation and application of other provisions of this article.
§3-2-4a. Statewide voter registration database.
(a) The Secretary of State shall implement and maintain a single, official, statewide, centralized, interactive computerized voter registration database of every legally registered voter in the state, as follows:
(1) The statewide voter registration database shall serve as the single system for storing and managing the official list of registered voters throughout the state.
(2) The statewide voter registration database shall contain the name, registration information and voter history of every legally registered voter in the state.
(3) In the statewide voter registration database, the Secretary of State shall assign a unique identifier to each legally registered voter in the state.
(4) The statewide voter registration database shall be coordinated with other agency databases within the state and elsewhere, as appropriate.
(5) The Secretary of State, any clerk of the county commission, or any authorized designee of the Secretary of State or clerk of the county commission, may obtain immediate electronic access to the information contained in the statewide voter registration database.
(6) The clerk of the county commission shall electronically enter voter registration information into the statewide voter registration database on an expedited basis at the time the information is provided to the clerk.
(7) The Secretary of State shall provide necessary support to enable every clerk of the county commission in the state to enter information as described in subdivision (6) of this subsection.
(8) The statewide voter registration database shall serve as the official voter registration list for conducting all elections in the state.
(b) The provisions of subdivision (6), subsection (a) of this section notwithstanding, the Secretary of State or any clerk of a county commission shall perform maintenance with respect to the statewide voter registration database on a regular basis as follows:
(1) If an individual is to be removed from the statewide voter registration database he or she shall be removed in accordance with the provisions of 42 U. S. C. §1973gg, et seq., the National Voter Registration Act of 1993.
(2) The Secretary of State shall coordinate the statewide voter registration database with state agency records and shall establish procedures for the removal of names of individuals who are not qualified to vote due to felony status or death. No state agency may withhold information regarding a voter=s status as deceased or as a felon unless ordered by a court of law.
(c) The list maintenance performed under subsection (b) of this section shall be conducted in a manner that ensures that:
(1) The name of each registered voter appears in the statewide voter registration database;
(2) Only voters who are not registered, who have requested in writing that their voter registration be canceled, or who are not eligible to vote are removed from the statewide voter registration database;
(3) Duplicate names are eliminated from the statewide voter registration database; and
(4) Deceased individuals’ names are eliminated from the statewide voter registration database.
(d) The Secretary of State and the clerks of all county commissions shall provide adequate technological security measures to prevent the unauthorized access to the statewide voter registration database established under this section.
(e) The Secretary of State shall ensure, and may perform such maintenance necessary to ensure, that voter registration records in the state are accurate and updated regularly, including the following:
(1) A system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote from the official list of eligible voters. Under the system, consistent with 42 U. S. C. §1973gg, et seq., registrants who have not responded to a notice sent pursuant to section twenty six, article two of this chapter, who have not otherwise updated their voter registration address, and who have not voted in two consecutive general elections for federal office shall be removed from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to vote;
(2) By participation in programs across state lines to share data specifically for voter registration to ensure that voters who have moved across state lines or become deceased in another state are removed in accordance with state law and 42 U. S. C. §1973gg, et seq.; and
(3) Through safeguards to ensure that eligible voters are not removed in error from the official list of eligible voters.
(f) Applications for voter registration may be accepted only when the following information is provided:
(1) Except as provided in subdivision (2) of this subsection and notwithstanding any other provision of law to the contrary, an application for voter registration may not be accepted or processed unless the application includes:
(A) In the case of an applicant who has been issued a current and valid driver=s license, the applicant=s driver=s license number;
(B) In the case of an applicant who has been issued an identification card by the Division of Motor Vehicles, the applicant=s identification number; or
(C) In the case of any other applicant, the last four digits of the applicant=s Social Security number; and
(2) If an applicant for voter registration has not been issued a current and valid driver=s license, Division of Motor Vehicles identification card, or a Social Security number, the Secretary of State shall assign the applicant a number which will serve to identify the applicant for voter registration purposes. The number assigned under this subdivision shall be the unique identifying number assigned under the statewide voter registration database.
(g)(1) The Secretary of State and the Commissioner of the Division of Motor Vehicles shall enter into an agreement to match and transfer applicable information in the statewide voter registration database with information in the database of the Division of Motor Vehicles to the extent required to enable each official to verify the accuracy of the information provided on applications for voter registration.
(2) The Secretary of State and the Commissioner of the Division of Motor Vehicles shall enter into an agreement for the Division of Motor Vehicles to provide all name fields, residence and mailing address fields, driver’s license or state identification number, last four digits of the Social Security number, date of birth, license or identification issuance and expiration dates, and current record status of individuals eligible to register to vote to the Secretary of State for the purpose of voter registration list maintenance comparison through an interstate data-sharing agreement designated by the Secretary of State as permitted by subdivision (2), subsection (e) of this section.
(h) The Commissioner of the Division of Motor Vehicles shall enter into an agreement with the Commissioner of Social Security under 42 U. S. C. §401, et seq., the Social Security Act. All fees associated with this agreement shall be paid for from moneys in the fund created under section twelve of this article.
§3-2-12. Combined voter registration and driver licensing fund; transfer of funds.
(a) Fifty cents of each license fee collected pursuant to the provisions of section one, article three, chapter seventeen of this code shall be paid into the State Treasury to the credit of a special revenue fund to be known as the Combined Voter Registration and Driver Licensing Fund. The moneys so credited to such fund may be used by the Secretary of State for the following purposes:
(1) Printing and distribution of combined driver licensing or other agency applications and voter registration forms, or for the printing of voter registration forms to be used in conjunction with driver licensing or other agency applications;
(2) Printing and distribution of mail voter registration forms for purposes of this article;
(3) Supplies, postage and mailing costs for correspondence relating to voter registration for agency registration sites and for the return of completed voter registration forms to the appropriate state or county election official;
(4) Reimbursement of postage and mailing costs incurred by clerks of the county commissions for sending a verification mailing, confirmation of registration or other mailings directly resulting from an application to register, change or update a voter's registration through a driver licensing or other agency;
(5) Reimbursement to state funded agencies designated to provide voter registration services under this chapter for personnel costs associated with the time apportioned to voter registration services and assistance;
(6) The purchase, printing and distribution of public information and other necessary materials or equipment to be used in conjunction with voter registration services provided by state funded agencies designated pursuant to the provisions of this article;
(7) The development of a statewide program of uniform voter registration computerization for use by each county registration office and the Secretary of State, purchase of uniform voter registration software, payment of software installation costs and reimbursement to the county commissions of not more than fifty percent of the cost per voter for data entry or data conversion from a previous voter registration software program;
(8) Payment of up to fifty
percent of the costs of conducting a joint program with participating counties
to identify ineligible voters by using the United States postal service
information as provided in section twenty-five of this article: Provided,
That such assistance shall be available only to counties which maintain voter
registration lists on the statewide uniform voter data system; and
(9) Payment of any dues or fees associated with a program to match and transfer data to and from other states;
(10) Resources related to voter registration and list maintenance; and
(9) (11) Payment or reimbursement of other costs
associated with implementation of the requirements of the National Voter
Registration Act of 1993 (42 U. S. C. 1973gg): Provided, That revenue
received by the fund in any fiscal year shall first be allocated to the
purposes set forth in subdivisions (1) through (8) (10),
inclusive, of this subsection.
(b) The Secretary of State shall promulgate rules pursuant to the provisions of chapter twenty-nine-a of this code to provide for the administration of the fund established in subsection (a) of this section.
(c) Any balance in the fund created by subsection (a) of this section which exceeds $100,000 as of June 30, 2017, and on June 30 of each year thereafter, shall be transferred to the General Revenue Fund.
§3-2-23. Cancellation of registration of deceased or ineligible voters.
The Secretary of State or clerk of the county commission shall cancel the registration of a voter:
(1) Upon the voter=s death as verified by:
(A) A death certificate from the Registrar of Vital Statistics or a notice from the Secretary of State that a comparison of the records of the registrar with the county voter registration records show the person to be deceased;
(B) The publication of an obituary or other writing clearly identifying the deceased person by name, residence and age corresponding to the voter record; or
(C) An affidavit signed by the parent, legal guardian, child, sibling or spouse of the voter giving the name and birth date of the voter, and date and place of death;
(2) Upon receipt of an official notice from a state or federal court that the person has been convicted of a felony, of treason or bribery in an election;
(3) Upon receipt of a notice from the appropriate court of competent jurisdiction of a determination of a voter=s mental incompetence;
(4) Upon receipt from the voter of a written request to cancel the voter=s registration, upon confirmation by the voter of a change of address to an address outside the county, upon notice from a voter registrar of another jurisdiction outside the county or state of the receipt of an application for voter registration in that jurisdiction, or upon notice from the Secretary of State that a voter registration application was accepted in another county of the state subsequent to the last registration date in the first county, as determined from a comparison of voter records; or
(5) Upon failure to respond and produce evidence of continued eligibility to register following the challenge of the voter=s registration pursuant to the provisions of section twenty-eight of this article.
§3-2-23a. Cancellation of registration of deceased or ineligible voter
The Secretary may propose legislative rules regarding the maintenance of the security and privacy of the voter registration records and the procedures to be followed by clerks of the county commission and the Secretary to make changes in voter registration records, including cancellations.”
On motion of Delegate Shott, the amendment was amended on page one, following the enacting clause, by striking out the enacting section and inserting in lieu thereof the following:
“That §3-2-3, §3-2-4a, §3-2-12 and §3-2-23 of the Code of West Virginia, 1931, as amended, be amended and reenacted, and that said Code be amended by adding thereto a new section, designated as §3-2-23a, all to read as follows” and a colon.
The Judiciary Committee amendment, as amended, was then adopted.
The bill was then ordered to third reading.
S. B. 658, Allowing licensed professionals donate time to care of indigent and needy in clinical setting; on second reading, coming up in regular order, was read a second time and ordered to 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 S. B. 39, Regulating off-road motorcycles within Hatfield-McCoy Recreation Area,
S. B. 47, Rewriting licensing requirements for practice of medicine and surgery and podiatry,
S. B. 94, Designating State Police Superintendent as administrator and enforcer of motor vehicle inspection program,
Com. Sub. for S. B. 104, Classifying Marshall University Forensic Science Center as a criminal justice agency,
S. B. 306, Permitting sale of county or district property online,
S. B. 323, Correcting statute subsection designations regarding trespassing on property,
S. B. 329, Eliminating sunset provision for commission to study residential placement of children,
S. B. 334, Identifying coyote as fur-bearing animal and woodchuck as game animal,
Com. Sub. for S. B. 343, Authorizing prosecuting attorneys designate law-enforcement officers and investigators as custodians of records,
S. B. 346, Updating projects managed by Project Management Office,
S. B. 349, Updating meaning of federal adjusted gross income,
Com. Sub. for S. B. 400, Reducing amount of sales tax proceeds dedicated to School Major Improvement Fund,
S. B. 415, Lengthening maximum term of negotiable certificates of deposit municipal funds can hold,
S. B. 426, Continuing Office of Coalfield Community Development,
S. B. 439, Eliminating requirement that budget director approve requisitions for personal services payment under certain circumstances,
S. B. 461, Updating WV Workforce Investment Act to the WV Workforce Innovation and Opportunity Act,
S. B. 469, Clarifying what personal funds are exempt from levy following judgment,
Com. Sub. for S. B. 474, Exempting DEP construction and reclamation contracts from review and approval,
S. B. 494, Creating Legislative Oversight Commission on Department of Transportation Accountability,
S. B. 515, Authorizing payment of certain claims against state,
Com. Sub. for S. B. 520, Allowing PEIA ability to recover benefits or claims obtained through fraud,
Com. Sub. for S. B. 524, Rewriting Board of Barbers and Cosmetologists article,
S. B. 552, Eliminating requirement sheriff pay jury costs to State Treasury,
S. B. 573, Prohibiting municipal annexation which would result in unincorporated territory within municipality,
Com. Sub. for S. B. 575, Requiring leases for state office space provide landlord or owner be responsible for cleaning or janitorial services,
Com. Sub. for S. B. 581, Eliminating sunset provision terminating pilot domestic violence court program,
Com. Sub. for S. B. 592, Relating to pipeline safety,
Com. Sub. for S. B. 622, Composition of PEIA Finance Board,
S. B. 627, Permitting physician to decline prescribing controlled substance,
S. B. 648, Allowing local authorities permit flashing traffic signals during low traffic times,
S. B. 656, Creating Upper Kanawha Valley Resiliency and Revitalization Program,
And,
S. B. 678, Relating to ownership and use of conduit providing telephone service.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had again passed a bill of the House of Delegates, heretofore disapproved by the Governor, notwithstanding the objections of the Governor, as follows:
Enr. Com. Sub. for H. B. 4145, Relating to carry or use of a handgun or deadly weapon.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for H. B. 4228, Relating to transportation network companies.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill of the House of Delegates, as follows:
H. B. 4235, Relating to the publication requirements of the administration of estates.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate title amendment:
H. B. 4235 - “A Bill to amend and reenact §44-3A-4, §44-3A-4a and §44-3A-32 of the Code of West Virginia, 1931, as amended, all relating to notice requirements for claims against an estate; requiring claims against estates to be filed within sixty days of publication of Class II legal advertisement; modifying language of advertisement to reflect sixty-day deadline for exhibiting claims against estate of decedent; authorizing fiduciary supervisor to proceed with supervision of estates following expiration of sixty-day deadline; permitting closure after sixty days following publication by short form settlements of estates; and barring recovery for claims against an estate not presented within specified time period except under certain circumstances.”
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 387), and there were--yeas 77, nays none, absent and not voting 23, with the absent and not voting being as follows:
Absent and Not Voting: Azinger, Blair, Boggs, Deem, A. Evans, Ferro, Flanigan, Fleischauer, Folk, Hartman, Householder, Ireland, Kelly, Longstreth, Phillips, Romine, R. Smith, Sponaugle, Storch, Trecost, Weld, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4235) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of the House of Delegates, as follows:
H. B. 4362, Establishing a felony offense of strangulation.
On motion of Delegate Cowles, the bill was taken up for immediate consideration and the House of Delegates concurred in the following Senate amendments:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
“ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-9d. Strangulation; definitions; penalties.
(a) As used in this section:
(1) ‘Bodily injury’ means substantial physical pain, illness or any impairment of physical condition;
(2) ‘Strangle’ means knowingly and willfully restricting another person’s air intake or blood flow by the application of pressure on the neck or throat;
(b) Any person who strangles another without that person’s consent and thereby causes the other person bodily injury or loss of consciousness is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500 or imprisoned in a state correctional facility not less than one year or more than five years, or both fined and imprisoned.”
And,
By amending the title of the bill to read as follows:
H. B. 4362 - “A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9d, relating to crimes against the person; establishing the felony offense of strangulation; defining terms; and providing penalties.”
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 388), and there were--yeas 78, nays none, absent and not voting 22, with the absent and not voting being as follows:
Absent and Not Voting: Azinger, Blair, Boggs, Deem, A. Evans, Ferro, Flanigan, Fleischauer, Hartman, Householder, Ireland, Kelly, Longstreth, Phillips, Romine, R. Smith, Sponaugle, Storch, Trecost, Weld, Westfall and B. White.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4362) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Leaves of Absence
At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Blair, Deem, Flanigan, Fleischauer and Longstreth.
Miscellaneous Business
Delegate Caputo noted to the Clerk that due to a death in his family he was absent on March 3 and March 4 when the votes were taken on Roll Nos. 354 through 374, and that had he been present, he would have voted “Yea” on Roll Nos. 356 through 370 and Roll Nos. 372 through 374; and he would have voted “Nay” on Roll Nos. 354, 355 and 371.
Delegate Marcum noted to the Clerk that he was absent on yesterday when the votes were taken on Roll Nos. 372, 373 and 374, and that had he been present, he would have voted “Yea” thereon.
Delegate Rodighiero noted to the Clerk that he was absent when the vote was taken on Roll Nos. 372 through 374 and had he been present, he would have noted “Yea” thereon.
At 1:58 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 7, 2016.